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, THURSDAY, FEBRUARY 16, 1995 No. 31 House of Representatives

The House met at 9 a.m. and was PLEDGE OF ALLEGIANCE The SPEAKER pro tempore. Is there called to order by the Speaker pro tem- The SPEAKER pro tempore. The gen- objection to the request of the gen- pore [Mr. LAHOOD]. tleman from New York [Mr. QUINN] will tleman from New York? There was no objection. f lead the membership in the Pledge of Allegiance. f DESIGNATION OF SPEAKER PRO Mr. QUINN led the Pledge of Alle- TEMPORE giance as follows: ADDITIONAL DEBATE TIME DUR- I pledge allegiance to the Flag of the The SPEAKER pro tempore laid be- ING FURTHER CONSIDERATION United States of America, and to the Repub- OF H.R. 7, NATIONAL SECURITY fore the House the following commu- lic for which it stands, one nation under God, nication from the Speaker. indivisible, with liberty and justice for all. REVITALIZATION ACT WASHINGTON, DC, f Mr. VOLKMER. Mr. Speaker, I have February 16, 1995. a unanimous-consent request. I hereby designate the Honorable RAY ORDER OF AMENDMENTS DURING The SPEAKER pro tempore. The gen- FURTHER CONSIDERATION OF LAHOOD to act as Speaker pro tempore on tleman will state the unanimous-con- H.R. 7, NATIONAL SECURITY RE- this day. sent request. NEWT GINGRICH, VITALIZATION ACT Speaker of the House of Representatives. Mr. VOLKMER. The unanimous-con- Mr. GILMAN. Mr. Speaker, I ask sent request is that the leader of both f unanimous consent that during further sides, Republican and Democratic lead- consideration of H.R. 7 in the Commit- ers, be allowed 3 minutes each for de- PRAYER tee of the Whole, subject to the 10-hour bate on H.R. 7. limitation on debate, the following The Chaplain, Rev. James David The SPEAKER pro tempore. Is there amendments be considered in the fol- Ford, D.D., offered the following pray- objection to the request of the gen- lowing order, with these amendments tleman from Missouri? er: and all amendments thereto debatable Mr. GILMAN. Mr. Speaker, reserving Teach us, O God, of the force of the for the time specified, equally divided the right to object, I am taking the words we say and the power of the and controlled by the proponent and time to ask the gentleman if he could statements that we make. May our ex- Member opposed: pressions reflect the truth of what we In title I, the McHale amendment, spell it out for us. Is that for debate mean and the reality of what we are No. 47, for 2 minutes; in title III, the purposes only? endeavoring to communicate. Above Hefley amendment, No. 5, for 10 min- Mr. VOLKMER. Yes. I said, for de- all else, may what we say make a con- utes; the Harman amendment, No. 1, or bate only. tribution to the common good and ele- the Menendez amendment, No. 2, for 16 Mr. GILMAN. Mr. Speaker, I with- vate all conversation to a level of re- minutes; in title IV, the Leach amend- draw my reservation of objection. spect and mutual consideration, so ment, No. 32, for 20 minutes; in title V, The SPEAKER pro tempore. Not- that our words bring harmony and un- amendments No. 13, 21, 24, 30, or 33, or withstanding the time limitation? derstanding and healing and always re- germane modifications of one of those Mr. BERMAN. Reserving the right to veal that we are Your people created amendments for 36 minutes; the John- object, Mr. Speaker, I have one ques- by Your image. Bless us this day and son amendment, No. 31, for 5 minutes; tion. I assume this is not within the 10- every day, we pray. Amen. the Traficant amendment, No. 49, for 5 hour limit? minutes; in title VI, the Durbin amend- Mr. VOLKMER. If the gentleman will f ment, No. 22, or the Gilman amend- yield, Mr. Speaker, that is correct. ment, No. 23, for 10 minutes; the Bate- This is in addition to the other time. It THE JOURNAL man amendment, No. 8, for 3 minutes; does not come out of the time. The SPEAKER pro tempore. The the Torricelli amendment, No. 48, or Mr. BERMAN. I withdraw my res- Chair has examined the Journal of the amendments Nos. 28 or 43 for 36 min- ervation of objection, Mr. Speaker. last day’s proceedings and announces utes; the Skelton amendment, No. 7, or The SPEAKER pro tempore. Is there to the House his approval thereof. the Spratt amendment, No. 42, for 2 objection to the request of the gen- Pursuant to clause 1, rule I, the Jour- minutes; the Engel amendment, as tleman from Missouri? nal stands approved. modified, for 2 minutes. There was no objection.

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 1853 H 1854 CONGRESSIONAL RECORD — HOUSE February 16, 1995 NATIONAL SECURITY be employed. This amendment simply not want an additional $1.5 million REVITALIZATION ACT says that we guarantee to particularly being taken away from our troops. The SPEAKER pro tempore. Pursu- our naval forces the military resources The chairman of our committee, the ant to House Resolution 83 and rule necessary for peacetime deployment so gentleman from South Carolina [Mr. XXIII, the Chair declares the House in that when a crisis occurs, when our Na- SPENCE], and his staff have worked dili- the Committee of the Whole House on tion must quickly deploy forces into a gently to calm my fears. the State of the Union for the further combat theater, that the U.S. Navy and My amendment would simply state consideration of the bill, H.R. 7. embarked forces will have the oppor- that the commission shall be paid for tunity for crisis response. That is what by funds appropriated for the Office of b 0905 the Navy typically does during peace- Secretary of Defense. This is appro- IN THE COMMITTEE OF THE WHOLE time. priate since the Office of the Secretary Accordingly the House resolved itself Mr. Chairman, I yield back the bal- of Defense is the one that generally has into the Committee of the Whole House ance of my time, and suggest perhaps a money to do studies of various kinds. on the State of the Union for the fur- few comments from my colleague, the It is also appropriate because these ther consideration of the bill (H.R. 7) gentlewoman from Florida [Mrs. FOWL- funds will not be coming out of train- to revitalize the national security of ER], would be appropriate at this time. ing or readiness accounts, and I think the United States, with Mr. LINDER in The CHAIRMAN. Does any Member that is the real key, Mr. Chairman, is the chair. seek the 1 minute in opposition? that we do not want this money com- The Clerk read the title of the bill. Hearing none, the Chair recognizes ing out of the hides of our fighting The CHAIRMAN. When the Commit- the gentlewoman from Florida [Mrs. forces as we prepare them to meet tee of the Whole rose on Wednesday, FOWLER] for 1 minute. whatever contingency is out there. February 15, 1995, the amendment of- Mrs. FOWLER. Mr. Chairman, I yield So we are asking that this come out fered by the gentleman from Missouri myself the 1 minute. of the Office of the Secretary of De- [Mr. SKELTON], as amended, had been Mr. Chairman, I am pleased to co- fense. It is my understanding that the disposed of, and the bill was open for sponsor this amendment with my col- chairman is willing to accept this amendment at any point. league, the gentleman from Pennsylva- amendment, and I would ask support Three hours and fifty minutes remain nia [Mr. MCHALE]. for the Hefley amendment. for consideration of amendments under As he stated, this just puts into this Mr. Chairman, I reserve the balance the 5-minute rule, pursuant to the bill the policy that in order to provide of my time. order of the House today. sufficient forces to meet our national The CHAIRMAN. Does anyone seek Are there further amendments to the security strategy of using forward-de- recognition in opposition? bill? ployed and forward-based forces to pro- Ms. HARMAN. Yes, Mr. Chairman. AMENDMENT OFFERED BY MR. MC HALE mote regional stability, that it is very The CHAIRMAN. The Chair recog- Mr. MCHALE. Mr. Chairman, I offer important that we have this policy in nizes the gentlewoman from California an amendment. our bill, because this is what our U.S. [Ms. HARMAN] for 5 minutes. The CHAIRMAN. The Clerk will des- Navy does, and we want to make sure Ms. HARMAN. Mr. Chairman, I yield ignate the amendment. that this language is spelled out clear- myself such time as I may consume. The text of the amendment is as fol- ly in this bill. I rise in opposition to the Hefley lows: I am pleased to be a cosponsor with amendment. Amendment offered by Mr. MCHALE: Page my colleague, the gentleman from First, let me thank my colleague for 9, after line 21, insert the following new para- Pennsylvania [Mr. MCHALE]. supporting an amendment I offered in graph (and redesignate the succeeding para- Mr. Chairman, I yield back the bal- the National Security Committee to graphs accordingly): ance of my time. strike the entire commission including (2) to provide for sufficient forces to meet The CHAIRMAN. The question is on its funding. I think that is the way to the national security strategy of using for- the amendment offered by the gen- ward-deployed and forward-based forces to go, and in just a few minutes, my col- promote regional stability, deter aggression, tleman from Pennsylvania [Mr. league, the gentleman from New Jersey improve joint/combined operations among MCHALE]. [Mr. MENENDEZ], and I will offer an United States forces and allies, and ensure The amendment was agreed to. amendment again to do that. timely crisis response: AMENDMENT OFFERED BY MR. HEFLEY I think the gentleman from Colorado The CHAIRMAN. The gentleman Mr. HEFLEY. Mr. Chairman, I offer [Mr. HEFLEY] is correct in pointing out from Pennsylvania [Mr. MCHALE] will an amendment. It is amendment No. 5. the $1.5 million that would be appro- be recognized for 1 minute, and a Mem- The CHAIRMAN. The Clerk will des- priated for this commission should not ber opposed will be recognized for 1 ignate the amendment. come from new funds, nor should it minute. The text of the amendment is as fol- come from existing funds. We should The Chair recognizes the gentleman lows: not spend it. from Pennsylvania [Mr. MCHALE]. Amendment offered by Mr. HEFLEY: Strike I am a supporter of the balanced Mr. MCHALE. Mr. Chairman, I yield out section 309 (page 21, lines 19 through 22) budget amendment, as is he, and it is myself the 1 minute. and insert the following: time to get serious about cutting out My hope is there is no Member op- SEC. 309. FUNDING. unnecessary funding. This is a point I posed. Funds for the activities of the Commission made last night, too, as we made the This amendment is being offered with shall be made available to the Commission difficult balance between more funds the consent and approval of the leader- by the Secretary of Defense from funds ap- for national missile defense and readi- ship on both sides. I particularly want propriated for activities of the Office of the ness. to thank the chairman of the commit- Secretary of Defense. There is no free lunch, Mr. Chairman, tee, the gentleman from South Caro- The CHAIRMAN. The gentleman and unfortunately this amendment lina [Mr. SPENCE], for his agreement in from Colorado [Mr. HEFLEY] will be would seem to be asking for one. allowing me to offer this amendment. I recognized for 5 minutes, and a Member Mr. SKELTON. Mr. Chairman, will also want to emphasize, Mr. Chairman, in opposition will be recognized for 5 the gentlewoman yield? that I offer this amendment with my minutes. Ms. HARMAN. I yield to the gen- good friend and colleague, the gentle- The Chair recognizes the gentleman tleman from Missouri. woman from Florida [Mrs. FOWLER], be- from Colorado [Mr. HEFLEY]. Mr. SKELTON. I would like to again cause on this issue, she and I abso- Mr. HEFLEY. Mr. Chairman, I yield speak for the troops: $1.5 million will lutely see eye to eye. myself such time as I may consume. take care of a lot of taking care of Mr. Chairman, it was President Ken- Mr. Chairman, as we marked up this their homes, their roofs, their refrig- nedy who said only when our strength bill in the National Security Commit- erators, the bathrooms, the quality of is sufficient beyond doubt can we be tee, I had concerns about spending ad- life. It will take care of a lot of ammu- certain beyond doubt that it will never ditional money on a commission. I did nition for them to shoot on the rifle February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1855 range. I think this is really a usurpa- think, is a good one, because the Sec- said about the Bottom-Up Review and tion of our job here. The Constitution retary of Defense himself commissions whether that really is a clear picture, tells us we are in charge, not a com- literally dozens and dozens of studies and how do we get a clear picture? mission. from outside groups. That is where the The answer in this bill is we get an I speak for the troops again. term ‘‘Beltway Bandit,’’ I think, came independent kind of commission that Ms. HARMAN. I appreciate that. Mr. into being. can look. Chairman, I yield to my colleague, the b 0915 Mr. MONTGOMERY. Mr. Chairman, gentleman from New Jersey [Mr. will the gentlemen yield further? MENENDEZ]. Those are all the thousands of con- Mr. HEFLEY. I yield to the gen- Mr. MENENDEZ. I thank the gentle- sultants that live in this city that do tleman from Mississippi. woman for yielding. studies, and we are going to get into Mr. MONTGOMERY. I thank the gen- I, too, oppose the Hefley amendment. the heart of this commission shortly. tleman once again. I think it is an obvious attempt to But $1.5 million coming out of the OSD What we ought to be doing is not try to deflect from the upcoming pot is going to be less, I understand, closing these military bases, which amendment that the gentlewoman approximately 1 percent of that money comes under the gentleman’s sub- from California [Ms. HARMAN] and I are that the Secretary has to run his office committee. We ought to save this $1.5 offering. The fact of the matter is $1.5 and to pay for commissions. million in order to keep some of the million out of the taxpayers’ money, I think it is appropriate. I thank the bases open. wherever you do it, is still $1.5 million gentleman. The CHAIRMAN. All time has ex- out of the taxpayers’ money, and it Mr. MONTGOMERY. Mr. Chairman, pired. goes and flies against the spirit of the will the gentleman yield? The question is on the amendment contract. Mr. HEFLEY. I yield to the gen- offered by the gentleman from Colo- tleman from Mississippi. If you are for smaller government, rado [Mr. HEFLEY]. you do not add another commission. If Mr. MONTGOMERY. I thank the gen- The question was taken; and the tleman for yielding to me. you are for less bureaucracy, you do chairman announced that the noes ap- Mr. Chairman, the Secretary of De- not add another commission. If you are peared to have it. for less spending, you do not add an- fense came before us, and he said, ‘‘I other commission. don’t want this study. Leave me alone. RECORDED VOTE And so when we have the entire re- I don’t want to spend $1.5 million.’’ He Mr. HEFLEY. Mr. Chairman, I de- sources of the Congress, all the com- did not want it. So why does the gen- mand a recorded vote. mittees that review it, and ultimately tleman want to give it to him? A recorded vote was ordered. the bottom-up review that has been Mr. HUNTER. If the gentleman will The vote was taken by electronic de- had, the last thing we need to do is to yield further, we are going to get into vice, and there were—ayes 211, noes 180, continue to add another layer of bu- this. But the Secretary of Defense has not voting 43, as follows: reaucracy, another $1.5 million. some real problems. As my friend, the [Roll No. 140] gentleman from Mississippi [Mr. MONT- You can shift the costs. You can shift AYES—211 the costs, but ultimately it is coming GOMERY], knows, my friend from Mis- Allard Ehlers Jones out of the average taxpayer’s pocket. sissippi, who always has the interest of Archer Ehrlich Kasich Vote against the Hefley amendment. the troops at heart and was arguing Bachus Emerson Kelly Ms. HARMAN. Reclaiming my re- passionately and eloquently last night Baker (CA) English Kim maining time, I will just say this, let for more readiness for troops, for more Baker (LA) Ensign King Ballenger Everett Kingston us balance the budget. Let us vote housing, the Secretary of Defense has Barr Ewing Klug ‘‘no’’ on the Hefley amendment. to come before our committee every Barrett (NE) Fawell Knollenberg Mr. Chairman, I yield back the bal- time and say, ‘‘I have enough.’’ And we Bartlett Fields (TX) Kolbe Barton Flanagan LaHood ance of my time. know that he does not have enough Bass Foley Largent Mr. HEFLEY. Mr. Chairman, I yield money. We know that GAO just did Bateman Forbes Latham myself such time as I may consume. this report that says he is underfunded, Bereuter Fowler LaTourette I would just, in response, point out his own plan, by $150 billion. So we are Bilirakis Fox Lazio Bliley Franks (CT) Leach that if the Office of the Secretary of going to get into the heart of this com- Blute Franks (NJ) Lewis (CA) Defense has $5 million to buy Korean mission. Boehlert Frelinghuysen Lewis (KY) oil, they can certainly have the money But my suggestion is the gentleman Boehner Frisa Lightfoot Bonilla Funderburk Lincoln to do this. from Mississippi has a great tradition, Bono Gallegly Linder I think the question which we will be has established a tradition a lot of us Brownback Ganske Livingston debating in a few minutes of whether have followed of not always accepting Bryant (TN) Gekas LoBiondo or not the commission is appropriate is everything the Secretary’s office tells Bunn Geren Longley Bunning Gilchrest Lucas a different question. us, and having our own ideas. Burr Gillmor Manzullo Mr. Chairman, I yield to my friend, I think this is going to help the Sec- Burton Gilman Martini the gentleman from California [Mr. retary to have some outside analysis Buyer Goodlatte McCollum Callahan Goodling McCrery HUNTER]. on a number of these questions where Calvert Goss McHugh Mr. HUNTER. Mr. Chairman, I thank there is so much difference in what the Camp Graham McInnis my friend for yielding to me. Secretary’s position is and what other Canady Greenwood McIntosh I think he made an interesting state- reliable agencies, like GAO, says. He Castle Gutknecht McKeon Chabot Hancock Metcalf ment there with respect to Korean oil. and GAO were $150 billion apart. I Chenoweth Hansen Mica It is my understanding we did make think it is appropriate to figure out Christensen Hastert Miller (FL) this major Korean oil purchase out of why they have a big difference. Chrysler Hastings (WA) Molinari Clinger Hayworth Moorhead the purse, if you will, of the Office of Mr. HEFLEY. Mr. Chairman, if I Coble Hefley Myers the Secretary of Defense. It is a mas- might respond to my friend, the gen- Combest Heineman Myrick sive, massive pool of money. Is that tleman from Mississippi [Mr. MONT- Cooley Hilleary Nethercutt right? GOMERY], as well, the Secretary of De- Crane Hobson Neumann Crapo Hoekstra Ney Mr. HEFLEY. It is, indeed. In fact, I fense does not want 10 or 12 guard ar- Cremeans Hoke Norwood think the figure is about $80 million mories every year either. Yet I know Cubin Horn Nussle that they have for studies, and that the gentleman feels strongly about Cunningham Hostettler Oxley Davis Houghton Packard kind of thing, in the Office of the Sec- that, as many of us do. We have an DeLay Hunter Paxon retary of Defense. I am not sure what oversight responsibility. Now, whether Diaz-Balart Hutchinson Petri the total budget is. or not we need the commission, the ar- Dickey Hyde Pombo Mr. HUNTER. Let me offer to my gument for the commission is there is Doolittle Inglis Porter Dreier Istook Portman friend that his idea that this comes out some question because of what the gen- Duncan Johnson (CT) Pryce of the Secretary of Defense’s office, I tleman from California [Mr. HUNTER] Dunn Johnson, Sam Quillen H 1856 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Quinn Shays Torkildsen b 0937 in this economic environment to re- Radanovich Shuster Traficant duce wasteful Government expendi- Ramstad Smith (MI) Upton The Clerk announced the following Riggs Smith (NJ) Waldholtz pairs: tures, not increase them. If we are seri- Roberts Smith (TX) Walker On this vote: ous about balancing the budget, this Rogers Smith (WA) Walsh money must not be spent. Watts (OK) Mr. Armey for, with Mr. Lewis of Georgia Rohrabacher Solomon Second, the commission usurps the Ros-Lehtinen Souder Weldon (FL) against. Weldon (PA) Roth Spence Mr. Scarborough for, with Mr. Moakley responsibilities of the Secretary of De- Weller Royce Stearns against. fense, the Joint Chiefs of Staff, and the White Stockman Salmon Whitfield Messrs. GILCHREST, NEY, BUYER, congressional defense committees. De- Sanford Stump Wicker and MCINTOSH changed their vote fense Secretary Perry emphatically Saxton Talent Wolf from ‘‘no’’ to ‘‘aye.’’ stated that, ‘‘the proposed commission Schaefer Tate Zeliff Schiff Taylor (NC) Zimmer So, the amendment was agreed to. usurps the responsibilities of the Sec- Seastrand Thomas The result of the vote was announced retary of Defense.’’ At the same time Sensenbrenner Thornberry as above recorded. this independent commission would Shaw Tiahrt PERSONAL EXPLANATION interfere with the ability of the Com- NOES—180 Mrs. COLLINS of Illinois. Mr. Chair- mittee on National Security to fulfill its responsibilities. Secretary Perry Abercrombie Gibbons Olver man, I was unavoidably delayed, and I Ackerman Gonzalez Orton did not record my vote on rollcall No. also correctly advised that we should Andrews Gordon Owens 140, Had I been here, I would have voted not dilute the responsibilities of the Baesler Gunderson Pallone ‘‘no.’’ Secretary of Defense by turning a key Baldacci Hall (OH) Parker Barcia Hall (TX) Pastor PERSONAL EXPLANATION part of them over to an independent Barrett (WI) Hamilton Payne (NJ) Mr. WAMP. Mr. Chairman, this morning I commission. Beilenson Harman Payne (VA) was attending an event away from Capitol Hill Third, the commission is redundant. Bentsen Hayes Pelosi I am holding up a list prepared by sup- Berman Hefner Peterson (FL) to which I had been committed before the Bevill Hilliard Peterson (MN) change in meeting time of the House to 9 a.m. porters of this commission. This 2-page Bishop Holden Pickett Unfortunately, when the bells rang for the vote list prepared by supporters of this com- Bonior Hoyer Pomeroy mission shows 14 other commissions Borski Jackson-Lee Poshard on the Hefley amendment, I was unable to re- Boucher Jacobs Rahall turn in time and I would therefore ask that the that are already doing work on over- Brewster Jefferson Rangel RECORD reflect that I would have voted ``yes'' lapping subjects. This commission Browder Johnson (SD) Reed on the Hefley amendment to H.R. 7. would duplicate tasks of the Rolls Ad- Brown (CA) Johnson, E. B. Reynolds mission Comission, the Quality of Life Brown (FL) Johnston Rivers The CHAIRMAN. Under the order of Brown (OH) Kanjorski Roemer the House of today, it is now in order Task Force, the Reserve Forces Policy Bryant (TX) Kaptur Roybal-Allard to consider the amendment to be of- Board, the Task Force on Readiness, Cardin Kennedy (MA) Rush fered by the gentlewoman from Califor- among others. It is a waste of time and Clayton Kennedy (RI) Sabo Clement Kennelly Sanders nia [Ms. HARMAN]. money. Clyburn Kildee Sawyer AMENDMENT OFFERED BY MS. HARMAN To sum up, Mr. Chairman, I agree Coleman Klink Schroeder Ms. HARMAN. Mr. Chairman, I offer with the recent comment of a senior Condit LaFalce Schumer member of the other body who said, Conyers Lantos Scott an amendment. Costello Laughlin Serrano The CHAIRMAN. The Clerk will des- ‘‘the commission is a real loser.’’ Coyne Levin Sisisky ignate the amendment. The CHAIRMAN. Does any Member Cramer Lipinski Skaggs The text of the amendment is as fol- seek time in opposition? Danner Lofgren Skelton de la Garza Lowey Slaughter lows: Mr. SPENCE. Mr. Chairman, I rise in Deal Luther Spratt Amendment offered by Ms. HARMAN: Strike opposition to the amendment offered DeFazio Maloney Stark title III (page 13, line 1, through page 2), line by the gentlewoman from California Stenholm DeLauro Manton 2.. [Ms. HARMAN]. Dellums Markey Stokes Deutsch Martinez Studds The CHAIRMAN. The gentlewoman The CHAIRMAN. The Chair recog- Dicks Mascara Stupak from California [Ms. HARMAN] will be nizes the gentleman from South Caro- Dingell Matsui Tanner lina [Mr. SPENCE] for 8 minutes. Doggett McCarthy Tauzin recognized for 8 minutes, and a Member Dooley McDermott Taylor (MS) opposed will be recognized for 8 min- Mr. SPENCE. Mr. Chairman, I yield 3 Doyle McHale Tejeda utes. minutes to the gentleman from Penn- Durbin McKinney Thompson The Chair recognizes the gentle- sylvania [Mr. WELDON]. Edwards McNulty Thurman (Mr. WELDON of Pennsylvania asked Engel Meehan Torricelli woman from California [Ms. HARMAN]. Eshoo Meek Towns Ms. HARMAN. Mr. Chairman, I yield and was given permission to revise and Evans Menendez Tucker myself 2 minutes. extend his remarks.) Farr Miller (CA) Velazquez My colleagues, the gentleman from Mr. WELDON of Pennsylvania. Mr. Fazio Mineta Vento Fields (LA) Minge Visclosky New Jersey [Mr. MENENDEZ] and the Chairman, I rise in opposition to this Filner Mink Volkmer gentleman from Massachusetts [Mr. amendment despite my admiration for Flake Mollohan Ward MEEHAN] and I are offering an amend- the gentlewoman from California [Ms. Watt (NC) Foglietta Montgomery ment today that every deficit hawk HARMAN] in her leadership role on the Ford Moran Williams Frank (MA) Murtha Wise should love. Balanced budget support- Committee on National Security. Frost Nadler Woolsey ers should unite around it because it Why do we need this commission Mr. Furse Neal Wyden would strike a section of this bill, title Chairman? Well, let us look at the Gejdenson Oberstar Wynn Gephardt Obey Yates 3, which would establish an Advisory facts as they are. Commission on National Security Re- We have a Secretary of Defense who NOT VOTING—43 vitalization that we simply do not tells us we need one fund level for the Armey Gutierrez Roukema need. defense needs over the next 5 years. We Becerra Hastings (FL) Scarborough Let me make three quick points: have the General Accounting Office Bilbray Herger Shadegg First, the commission is a waste of tell us, no, we need $150 billion more Chambliss Hinchey Skeen Chapman Kleczka Thornton money. Even if we reprogram the than what the Secretary said. We have Clay Lewis (GA) Torres money, its timetable is absurdly short, the Congressional Budget Office say- Coburn McDade Vucanovich and its $1.5 million estimated budget ing, no, we need $67 billion more than Collins (GA) Meyers Wamp Collins (IL) Mfume Waters wastes taxpayer funds that could be what the Secretary said. And then we Collins (MI) Moakley Waxman better spent on readiness or quality of have one of the most respected Mem- Cox Morella Wilson life for our troops and their families. bers of the minority side, the gen- Dixon Ortiz Young (AK) In comparison to other Government tleman from Missouri {Mr. SKELTON], Dornan Regula Young (FL) Fattah Richardson expenditures, $1.5 million is not much. saying, no, we need $44 billion more Green Rose However, the challenge is for all of us over the next 5 years. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1857 b 0945 Mr. MONTGOMERY. Mr. Chairman, view requirements. So we have ques- No one knows what we need over the will the gentleman yield? tions all over the place. next 5 years. Mr. WELDON of Pennsylvania. I If you are satisfied with the $150 bil- Now, some would say let us let the yield to the gentleman from Mis- lion difference in funding projections, Secretary go back and tell us. We know sissippi. then vote no on this commission. If what he is going to tell us. He is going Mr. MONTGOMERY. Mr. Chairman, you are not satisfied, vote yes. We still to tell us what he already told us, we does this commission you want estab- authorize, we still legislate. But we are are OK the way we are, which if I talk lished have any authority; can it do not going to say we refuse to see the to almost every member of the minor- anything? evidence. Let us let this commission ity party on the Committee on Na- Mr. WELDON of Pennsylvania. The come up and try to resolve this $150 bil- lion difference. tional Security, they will agree with commission has the same authority these commissions had, which is basi- Ms. HARMAN. Mr. Chairman, I yield us. They do not think there is enough cally to come back to Congress and do 1 minute to the gentleman from New money in there. What we are saying is what the Secretary has not been able Jersey [Mr. ANDREWS], a great deficit we need an independent commission to to do, and that is give us the straight hawk. look at that. scoop on what our defense needs are. (Mr. ANDREWS asked and was given Now, we are not saying a political Mr. MONTGOMERY. He is a good permission to revise and extend his re- commission, because we adjusted the Secretary. marks.) makeup and markup process to suit the Mr. WELDON of Pennsylvania. A Mr. ANDREWS. Mr. Chairman, I needs of the minority to make sure it Secretary being misled by an adminis- thank the gentlewoman for yielding. would be six Democrats and six Repub- tration that does not support the facts. Mr. Chairman, here is why the Har- licans appointees, and that is in fact Mr. MONTGOMERY. The commission man-Menendez amendment makes what this commission will be, a bipar- does nothing. He does not want it. He is sense. When we go back to our districts tisan effort to come back to us and not being misled. this afternoon, if we stood in line at give us the real needs in terms of dol- Mr. WELDON of Pennsylvania. The the supermarket this weekend, and we lars and in line with the problems and Secretary would like to have it, be- had to say to the person next to us ‘‘I challenges that are out there in the cause it would end up supporting his am going to take $20 out of your pock- next 5 years. needs for additional money for readi- et to pay for this program,’’ could we Some of our colleagues are saying ness that his President will not give in look them in the eye and tell them this will be a money saver. You want to because he pulls his defense budget they were getting their $20 worth for to save money? Boy, we will give you a number out of the air, as you know. this program? list. Look at what the President put Ms. HARMAN. Mr. Chairman, I yield What would we tell them when they out. A nice glossy color brochure in 1 minute to the gentleman from Massa- said, ‘‘Congressman, there were 14 two-part form entitled ‘‘A Time for chusetts [Mr. MEEHAN]. other of these commissions that were Peace.’’ Save money? Eliminate that Mr. MEEHAN. Mr. Chairman, is this supposed to do something like the garbage. We do not need it. It is a total not something? They did it when they same thing.’’ What would we tell them waste of money. Eliminate the L.A. were in power, so we can do it. They when they say, ‘‘Congressman, do you Youth programs in the defense bill, $10 did it, so we can do it. Let us get seri- not have committees already set up in million. How about electric vehicles? ous. Here we are creating a commission the House and Senate supposed to do Believe it or not, it is in the defense to spend money to figure out how we the same thing?’’ I do not have a good bill, $15 million. Cancer research, even are going to spend more money. We answer to that, and I think neither do though it is important, I would support pass a balanced budget amendment, we you. it if it were part of the health bill, over talk about downsizing Government, we Let me just say this to my friends $200 million. This commission does not talk about reinventing Government. from the other side: Part of your Con- take away the authority of the Sec- And what are we doing here today? Let tract With America is to shed lockstep retary. It lets us play our rightful role. us create a political commission, be- allegiance to partisan leadership and to Now, let us look at what the minor- cause we do not want to do our jobs. do the right thing. The right thing is to ity party did when they were in power. We in Congress do not want to do our vote for Harman-Menendez. These are just a few of the commis- jobs on the Committee on National Se- Mr. SPENCE. Mr. Chairman, I yield sions that the minority party put into curity. We do not want to hold the Sec- myself such time as I may consume. place, in many cases, in most cases, retary of Defense back. Get real, If we Mr. Chairman, I would just like to over the objections of the then Sec- are going to cut the size of Govern- point out that the reason we are set- retary of Defense. Everything from ment, we cannot begin to create more ting up this commission is to reveal women in the military to bottom-up commissions, created by politicians to the flaws in the previous commission review, total force structure, every- appoint politicians to have more par- that was set up, the Bottom-Up Re- thing you can think of established tisan rhetoric. National security is view, and point out how wrong it was. through an independent commission, in more important than partisan politics. That is simply what is going to be. In some instances where the commis- This commission is a joke and every- other words, how can the other side say sioners were actually paid. one in the country knows it. it is all right for them to have a com- In this piece of legislation, no com- Mr. SPENCE. Mr. Chairman, I yield 2 mission set up and for us not to do the missioner is paid. The only expenses in- minutes to the gentleman from Califor- same thing? volved will be those incurred, and they nia [Mr. HUNTER]. Mr. Chairman, I yield the balance of will be reimbursed for that. We are not Mr. HUNTER. Mr. Chairman, there is my time to the gentleman from Indi- taking the money from readiness; we an enormous discrepancy between our ana [Mr. BUYER]. are taking the money from the Sec- own institution, the GAO and the Sec- The CHAIRMAN. The gentleman retary of Defense’s account. What part retary of Defense’s office. The GAO from Indiana [Mr. BUYER] is recognized of it? He will have a few less lunches, a says the secretary of Defense has un- for 21⁄2 minutes. little less money to go on trips over- derfunded his own budget by $150 bil- Mr. BUYER. Mr. Chairman, it is seas maybe. That is where it will come lion. The Chief of Staff of the Army has amazing how we can debate an issue of from. made statements to the effect that the $1.5 million and interject all the rhet- So this in fact is a vote to let us play Army is on the razor’s edge of readi- oric as if it is $1.5 billion. Well, gen- our rightful role and to see where we in ness, meaning they cannot cut another tleman that have particular defense fact can go in terms of the spending dime, that they are in very difficult contractors in their districts may be needs of the military for the next 5 shape. General Mundy, the Com- asking for particular things, but come years, and I urge my colleagues to op- mandant of the Marine Corps, June to the House floor and then want to pose the Harman amendment and to 1994, last year, said that the Marine talk about what things are particular, support the need for the establishment Corps was inadequately funded to carry what things are a joke, and what is not of this. out the President’s own Bottom-Up Re- a joke. H 1858 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Mr. MEEHAN. Mr. Chairman, will The CHAIRMAN. The gentlewoman thing, it means we do not want to the gentleman yield? from California [Ms. HARMAN] has 4 waste the taxpayers’ money by estab- Mr. BUYER. No, not at this particu- minutes remaining. lishing an unneeded commission to tell lar time. If you became sensitive, that Ms. HARMAN. Mr. Chairman, I yield us what Republicans both in the bill is your particular problem. 1 minute to the gentleman from Ohio, and on their language on the floor al- In regard to the gentlewoman from [Mr. BROWN]. ready know they wanted to save. The California [Ms. HARMAN], I have great Mr. BROWN of Ohio. Mr. Chairman, amendment we offer seeks to strike respect for you, and you have been a the Republican Contract on America this unnecessary money for the tax- hawk with us on a lot of issues. But on mandates Congress to spend $1.5 mil- payers. Whether you spend it out of the this particular issue I am in agreement lion on a new commission to study our Secretary of Defense’s budget or with the gentleman from South Caro- Nation’s military needs. Great. A new through an appropriation, it is still lina [Mr. SPENCE]. idea for more government. Do not we taxpayers’ money, and I challenge my The Bottom-Up Review became sus- already have people studying the Na- Republican colleagues to honor your pect. It became suspect because of how tion’s military needs and reporting to contract vows to cut wasteful spend- the legislative branch and the execu- it came about. We have talked about ing, to cut bureaucracy, to make Gov- tive branch? Is not that what the Pen- this on the Committee on National Se- ernment smaller and eliminate the tagon does? Is not that what the House curity often. And that is, and I have to commission. Committee on Armed Services under During the last Congress, the House say it again, when Bush-Powell put to- the gentleman from South Carolina, gether the numbers for defense cuts, of Representatives spent nearly $20 Chairman SPENCE, has been doing? Is million on the budgets of congressional they cut the $50 billion. Les Aspin said not that what the Committee on Inter- I can go $60 billion further on top of committees with oversight over this national Relations has been doing issue—Foreign Affairs, Armed Services, the $50 billion. Then all of a sudden Bill under the gentleman from New York, Government Operations, Permanent Clinton is a candidate for President, Chairman GILMAN? Select Committee on Intelligence. endorses Les Aspin’s $60 billion in cuts. Why do we need to spend $1.5 million Do you think you can tell the con- None of us were surprised when Les on a commission to do what the Penta- stituents back home that $20 million Aspin became the Secretary of Defense. gon and Congress already should be was not enough? And if you add the Low and behold, when we did the 5-year doing and already are doing? Why do Members who in fact have served on budget resolution, it was $127, $128 bil- we need to spend money so we can find those committees and who have great lion, on top of the existing $50 billion. ways to spend more money? It is the experience, offer 200 Members, it comes Then all of a sudden, quickly, to full employment act for unemployed to $40 million in the House alone, with- cover themselves, Les Aspin comes to defense consultants. It is a bad idea. out the Senate. If that is not enough to our committee and talks about having Vote for the Menendez-Harman amend- determine what it is that we need for to do the Bottom-Up Review, a review ment. national defense and security, I do not of how to justify the numbers after the Ms. HARMAN. Mr. Chairman, I yield know what is. And as it relates to the fact. That then made the Bottom-Up 1 minute to the gentleman from Cali- secretary, let us hear what he had. Review a very politically suspect docu- fornia [Mr. DELLUMS], one of the most So to say. He said, ‘‘You are my com- ment, and those of us then in the com- honorable and impressive Members of mission,’’ meaning the committee. ‘‘I mittee of the gentleman from Missouri this House, and the ranking member of do not need an independent commis- [Mr. SKELTON] last year then had to the Committee on National Security. sion interposing itself between myself Mr. DELLUMS. Mr. Chairman, let me deal with the difficult decisions about and you, and you do not need to have make one point of why I oppose this the open secret in this town. an independent commission interpos- commission. It is not just that it is The open secret is, my friends, and to ing yourself with me.’’ something we can do. The Framers of those in our country, it is that we do If you want to vote for smaller Gov- the Constitution gave us this respon- not have a force structure to even meet ernment, if you want to have less sibility. From time to time, Mr. Chair- the national security objectives and spending, if you want to have less bu- man, it is wholly appropriate that we being able to fight and win two nearly reaucracy, if you want to save the tax- establish commissions to engage until simultaneous major regional conflicts. payers money, you will be voting yes giving their expertise with respect to So what we are saying is right now, on this amendment, you will vote for discrete items. This commission goes time out. Let us not deal with the poli- far beyond that. This commission at- the Harman-Menendez amendment, and tics. Let us have the independent com- tempts to establish the totality of our in fact you will be living with the Con- mission to give a real assessment. I un- national security policy. tract. derstand the politics between the Set up a commission on roles and Mr. Chairman, I yield back the bal- White House and the Secretary, and missions. But this is something far be- ance of my time. those are the chiefs that must salute yond that. We are being paid, my col- The CHAIRMAN. All time has ex- constitutionally. leagues, in excess of $130,000 per annum pired. The question is on the amend- Ms. HARMAN. Mr. Chairman, will to do this job fundamentally required ment offered by the gentlewoman from the gentleman yield? by the Constitution of the United California [Ms. HARMAN]. Mr. BUYER. I yield to the gentle- States. The Framers of the Constitu- The question was taken; and the woman from California. tion said do your job. Do not give it to Chairman announced that the noes ap- Ms. HARMAN. Mr. Chairman, I ap- an independent commission for the peared to have it. preciate the compliment and thank the purposes of establishing the totality of RECORDED VOTE gentleman for it. I would just say this: our national security policy. That is Ms. HARMAN. Mr. Chairman, I de- That our committee and its composi- our job. mand a recorded vote. tion are competent to do what you are Ms. HARMAN. Mr. Chairman, I yield A recorded vote was ordered. suggesting. Why do we need to inter- the balance of my time to the gen- The vote was taken by electronic de- pose a commission between us and the tleman from New Jersey [Mr. vice, and there were—ayes 207, noes 211, policymakers and the executive MENENDEZ], the cosponsor of this not voting 16, as follows: branch? Why do not we do this our- amendment. [Roll No. 141] selves? The CHAIRMAN. The gentleman AYES—207 Mr. BUYER. Mr. Chairman, reclaim- from New Jersey is recognized for 3 ing my time, we have many advisory Abercrombie Barrett (WI) Bonior minutes. Ackerman Barton Borski committees and task forces to help us (Mr. MENENDEZ asked and was Andrews Beilenson Boucher through the process, and that is ex- given permission to revise and extend Bachus Bentsen Brewster actly what this is. I think it is an ex- his remarks.) Baesler Berman Browder Baker (LA) Bevill Brown (CA) cellent compliment to how we want to Mr. MENENDEZ. Mr. Chairman, if Baldacci Bishop Brown (FL) govern. the Contract With America means any- Barcia Blute Brown (OH) February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1859

Brownback Johnson (SD) Peterson (MN) Kasich Myrick Smith (WA) Amendment offered by Mr. LEACH: On page Bryant (TX) Johnson, E. B. Petri Kelly Nethercutt Solomon 28, strike line 4 and all that follows through Cardin Johnston Pickett Kim Neumann Souder line 12 and insert in lieu thereof the follow- Clayton Kanjorski Pomeroy King Ney Spence Clement Kaptur Porter Kingston Norwood Stearns ing: Clyburn Kennedy (MA) Poshard Knollenberg Nussle Stockman ‘‘(g) INTERPRETATION.—Subject to the Coleman Kennedy (RI) Rahall Kolbe Oxley Stump power of the Congress to declare war under Collins (IL) Kildee Ramstad LaHood Packard Talent article I, section 8, clause 11 of the Constitu- Condit Kleczka Rangel Largent Paxon Tate tion of the United States, nothing in this Coyne Klink Reed Latham Pombo Taylor (NC) section shall be construed to derogate or Cramer Klug Reynolds LaTourette Portman Thomas limit the authority of the President as Com- Danner LaFalce Richardson Lazio Pryce Thornberry de la Garza Lantos Rivers Lewis (CA) Quillen Tiahrt mander-in-Chief of the United States Armed Deal Laughlin Roemer Lewis (KY) Quinn Torkildsen Forces under article II, section 2, clause 1 of DeFazio Leach Rose Lightfoot Radanovich Traficant the Constitution of the United States.’’ DeLauro Levin Roth Linder Regula Upton Beginning on page 28, strike line 16 and all Dellums Lincoln Roybal-Allard Livingston Riggs Vucanovich that follows through page 29, line 2. Deutsch Lipinski Rush LoBiondo Rogers Waldholtz ON page 29, line 3, strike ‘‘(c)’’ and insert Dicks Lofgren Sabo Longley Rohrabacher Walker in lieu thereof ‘‘(b)’’ Dingell Lowey Sanders Lucas Ros-Lehtinen Walsh Dixon Luther Sanford Manzullo Roukema Wamp Doggett Maloney Sawyer McCollum Royce Watts (OK) b 1020 Dooley Manton Schroeder McCrery Salmon Weldon (FL) Doyle Markey Schumer McDade Saxton Weldon (PA) The CHAIRMAN. The gentleman Duncan Martinez Scott McHugh Scarborough Weller from Iowa [Mr. LEACH] will be recog- Durbin Martini Sensenbrenner McInnis Schaefer White nized for 10 minutes, and a Member in Edwards Mascara Serrano McIntosh Schiff Whitfield Engel Matsui Sisisky McKeon Seastrand Wicker opposition will be recognized for 10 Eshoo McCarthy Skaggs Metcalf Shadegg Williams minutes. Evans McDermott Skelton Meyers Shaw Wolf The Chair recognizes the gentleman Farr McHale Slaughter Mica Shays Young (FL) from Iowa [Mr. LEACH]. Fattah McKinney Smith (MI) Miller (FL) Shuster Zeliff Fazio McNulty Spratt Molinari Skeen Zimmer Mr. LEACH. Mr. Chairman, I yield Fields (LA) Meehan Stark Moorhead Smith (NJ) myself such time as I may consume. Filner Meek Stenholm Myers Smith (TX) This is a self-explanatory amendment. Flake Menendez Stokes Foglietta Miller (CA) Studds NOT VOTING—16 It is designed to protect the constitu- Ford Mineta Stupak Armey Green Roberts tional authority and responsibility of Frank (MA) Minge Tanner Becerra Gutierrez Thornton the President as Commander in Chief Frelinghuysen Mink Tauzin Chapman Hastings (FL) Wilson from unprecedented and improper con- Frost Moakley Taylor (MS) Clay Kennelly Young (AK) Furse Mollohan Tejeda Collins (MI) Lewis (GA) gressional tampering with the separa- Gejdenson Montgomery Thompson Conyers Mfume tion of powers doctrine. Gephardt Moran Thurman The Commander in Chief clause of Gibbons Morella Torres b 1016 Gonzalez Murtha Torricelli the Constitution supports two key pol- Gordon Nadler Towns The Clerk announced the following icy precepts. First, it gives the Presi- Gunderson Neal Tucker pair: dent broad authority to command the Hall (OH) Oberstar Velazquez On this vote: military forces of the United States, Vento Hall (TX) Obey Mr. Armey for, with Mr. Lewis of Georgia Hamilton Olver Visclosky thereby securing civilian command Harman Ortiz Volkmer against. over the military. Second, and most Hayes Orton Ward Mrs. ROUKEMA and Mr. WILLIAMS relevant to this debate, the framers Hefner Owens Waters changed their vote from ‘‘aye’’ to ‘‘no.’’ Hilliard Pallone Watt (NC) also sought to ensure that one com- Hinchey Parker Waxman Messrs. ROTH, WARD, and mander had sole authority to direct Holden Pastor Wise LAUGHLIN changed their vote from the Nation’s fighting forces. Hoyer Payne (NJ) Woolsey ‘‘no’’ to ‘‘aye.’’ The colonists had learned the dif- Jackson-Lee Payne (VA) Wyden Jacobs Pelosi Wynn So the amendment was rejected. ficulties of prosecuting war via com- Jefferson Peterson (FL) Yates The result of the vote was announced mittee during the American Revolu- as above recorded. tion. Naming the President Com- NOES—211 PERSONAL EXPLANATION mander in Chief was intended to assure Allard Collins (GA) Gallegly Mr. MFUME. Mr. Chairman, I was unfortu- consistent orders, plans, and decisions. Archer Combest Ganske Baker (CA) Cooley Gekas nately detained in my congressional district in The President was not given the au- Ballenger Costello Geren Baltimore earlier today and thus forced to miss thority to make the political decision Barr Cox Gilchrest two record votes. Specifically, I was not to declare war, but he was granted the Barrett (NE) Crane Gillmor present to record my vote on rollcall vote No. authority to command the troops in Bartlett Crapo Gilman Bass Cremeans Goodlatte 140, the amendment offered by Mr. HEFLEY of day-to-day operations. Bateman Cubin Goodling Colorado and rollcall vote No. 141, the In its present form, this bill, with un- Bereuter Cunningham Goss amendment offered by Ms. HARMAN of Califor- bridled gall, undercuts the separation Bilbray Davis Graham nia. Bilirakis DeLay Greenwood of powers doctrine by limiting the well- Bliley Diaz-Balart Gutknecht Had I been here I would have voted ``nay'' established constitutional authority of Boehlert Dickey Hancock on rollcall No. 140 and ``yea'' on rollcall No. the President to decide upon the com- Boehner Doolittle Hansen 141. mand arrangements for U.S. military Bonilla Dornan Hastert PERSONAL EXPLANATION Bono Dreier Hastings (WA) personnel. Bryant (TN) Dunn Hayworth Mr. WILLIAMS. Mr. Chairman, on vote No. Title IV, for instance, attempts to Bunn Ehlers Hefley 141 I am recorded as voting ``no.'' My inten- prevent the expenditure of funds for Bunning Ehrlich Heineman Burr Emerson Herger tion was to vote in favor of the amendment. any element—even an individual sol- Burton English Hilleary The CHAIRMAN. Under the order of dier—of U.S. Armed Forces under the Buyer Ensign Hobson the House previously agreed to, it is command or operational control of a Callahan Everett Hoekstra now in order to consider the amend- foreign national acting on behalf of the Calvert Ewing Hoke Camp Fawell Horn ment of the gentleman from Iowa [Mr. United Nations unless certain commit- Canady Fields (TX) Hostettler LEACH]. ments are made to Congress. Castle Flanagan Houghton AMENDMENT OFFERED BY MR. LEACH As a matter of constitutional law, I Chabot Foley Hunter Chambliss Forbes Hutchinson Mr. LEACH. Mr. Chairman, I offer an believe that the Constitution does not Chenoweth Fowler Hyde amendment. permit the President to derogate his Christensen Fox Inglis The CHAIRMAN. The clerk will des- power as Commander in Chief to an- Chrysler Franks (CT) Istook ignate the amendment. other body. Period. Certification re- Clinger Franks (NJ) Johnson (CT) Coble Frisa Johnson, Sam The text of the amendment is as fol- quirements are inappropriate; indeed, Coburn Funderburk Jones lows: they are constitutionally unseemly. H 1860 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Here, let me stress, there is a distinc- counting and limiting the U.S. share of the fered with several parts, particularly tion between U.S. command, which no burden. But diminishing the legitimate pow- that which applied to a prospective bill President can give up, and operational ers of the presidency, even in this particular on this subject. The Republican com- way, is poor precedent. control, which both constitutionally mitment was to raise the issues of the and as a matter of established military In the background of this debate is contract in a measured way. But the practice, the President may delegate to Somalia. In this Members’ view it is a oath we all take is to uphold the Con- others. widely misunderstood circumstance. In stitution. Just because we have little earlier debate on this bill the minority Yet this bill brazenly attempts to strip the confidence in this President, just be- pointed out that the problem was not President of his constitutional authority and re- cause we now control the Congress is command and control of U.S. Armed sponsibility for deciding upon the command ar- insufficient rationale to turn the Con- Forces, in that U.S. military personnel rangements for U.S. military personnel lawfully stitution upside down. participating in U.N. operations. at all points were under U.S. command. This is true, but it begs the larger pol- A strong Presidency is in the na- Indeed, this bill would deny the President tional interest whether or not we have the authority to place U.S. troops under the icy questions. What happened in Somalia, and it divided government. operational control of another country even a Let’s be measured and reasonable. I NATO ally for U.N. operations. was by no means a totally failed oper- urge adoption of this amendment In this regard, a fair reading of the ation, was that President Bush called which conforms this title to constitu- Constitution and any understanding of upon the U.S. military to take part in history suggests that the Commander- one of the most idealistic foreign pol- tional stricture, historical experience, in-Chief should properly retain the icy interventions in the history of the and the requirements of future na- flexibility to place troops temporarily world. The U.S. military because of its tional security. under the operational control of offi- extraordinary organization and logistic Mr. Chairman, I reserve the balance cers of another nation when it serves capabilities was sent to a foreign coun- of my time. U.S. interests, as we have done in a try to feed a people whose social infra- Mr. GILMAN. Mr. Chairman, I rise in number of military conflicts since the structure had broken down. In a high- opposition to the amendment. American Revolution. risk environment, a succeeding U.S. The CHAIRMAN. The gentleman Accordingly, my amendment strikes the ex- administration chose out of frustration from New York [Mr. GILMAN] will be isting interpretation section found on page 28 to take sides in a civil war. This deci- recognized for 10 minutes. of title IV to the bill and inserts instead a new sion, made without intellectual rigor, Mr. GILMAN. Mr. Chairman, I yield clause recognizing that subject to the power of profoundly changed American policy 21⁄2 minutes to the gentleman from Ne- the Congress under article I of the Constitution because it caused United States forces braska [Mr. BEREUTER]. to declare war, nothing in this section of the in the field to become diverted from Mr. BEREUTER. Mr. Chairman, the bill shall be construed to derogate or limit the the professionalism of their original gentleman from Nebraska rises in President's article II powers as Commander- mission and enmeshed in the history strong opposition to the Leach amend- in-Chief. and sociology of internal Somalian pol- ment. It is not what the gentleman Title IV, as currently crafted, is poor itics. from Iowa [Mr. LEACH] adds that is the constitutional law; it is also doubtful Responsibility for the change of mis- problem. It is what he deletes. As the policy. sion rests in the White House. This gentleman may recall, I did something The principle of collective security Congress has every reason in retrospect like this in the committee without suc- has been a linchpin of U.S. national se- to be critical, but care should be taken cess, but without deleting language. curity policy of every administration to hold decision-makers, not the sys- The amendment would take out of the tem, accountable. What is warranted is since Franklin Roosevelt. statement in section 401 the phrase consideration of the need for new lead- The effect of title IV, unless amend- ‘‘that nothing in this section may be ership, not a change in the constitu- ed, is to diminish U.S. leadership in the construed, one, as authority for the tional framework of decision-making. U.N. and elsewhere and force Presi- President to use any element of the dents in emergency settings to either The character of modern inter- national affairs is that decision need to Armed Forces in any operation, two as do nothing or rely exclusively on uni- authority for the President to place lateral actions. be made quickly. What, for instance, would happen if when Congress was out any element of the Armed Forces under At issue is whether we want to be the the command and operational control policeman for the world or the leading of session a peace agreement were signed between Israel and Syria which of a foreign national, or, three, as an member of an international highway unconstitutional infringement on the patrol. The second option, in more included United States participation in authority of the President as Com- than a few instances, is more realistic peacekeeping in the Golan? Would a mander in Chief.’’ and, I might add, cheaper. President be hamstrung by legal nice- The third element in this phrase is So that there is no misunderstand- ties in authorizing the movement of exactly what the Committee on Na- ing, this title is more constraining several hundred U.S. troops? than the War Powers Resolution. More consequentially, the character tional Security added to assure that we are not infringing upon the constitu- The War Powers Resolution, passed over of modern Congressional politics is an President Nixon's veto, deals with Congres- unwillingness to share accountability tional rights of the President as Com- sional assertions of power to declare war. with the executive branch. I don’t mander in Chief. Because of modern practices of pros- know which is more remarkable: the Without these statements, it would ecuting but not declaring war, the war fact Congress barely authorized the be argued that section 401 is intended powers resolution was offered to check gulf war, giving President Bush much by Congress as a grant of authority to the President’s authority as Com- less of a mandate than he received the President to place U.S. forces mander-in-Chief to direct U.S. Armed from assorted rivals in the Security under foreign operational control in Forces in the event of imminent hos- Council, or the fact that Congress al- those circumstances where it has not tilities which might lead to war. most didn’t vote at all. The obvious been forbidded. I for one do not ever But this bill goes beyond the reach of conclusion that has been reached in want my vote on this legislation to be the war powers resolution by attempt- modern Congresses is that there are no criticized as a vote in favor of authoriz- ing to trench upon and limit the com- liabilities in standing by and many for ing the President to place U.S. forces mand authority of the President before taking sides in controversial questions under foreign command. It is to ensure hostilities are threatened and in in- of foreign affairs. Congress simply that our approval of this measure is stances of actions designed to deter can’t be relied on to share executive never interpreted as an authorization conflict rather than lead to war. authority. Our Founding Fathers had it of foreign command that this language On this point, let me quote from a re- right then and now. is found in section 401. But the Leach cent Wall Street Journal editorial: Finally, a personal note. When I amendment will delete it. He will also Yes we should check the exorbitant costs signed the Contract With America last delete the report requirement which is of U.N. peacekeeping by rectifying the ac- fall, I publicly made clear that I dif- in a following subsection. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1861 I would point out that this report placed. However, as applied to S.5, they miss to relent—for a time—in the face of a mas- language is not a gratuitous require- the mark. sive German offensive, and allow American ment. There is a serious question Mr. Dole’s bill might well tie the presi- troops to serve under Allied command. GIs whether foreign command arrange- dent’s hands in certain instances, but it does also fought—again for a time—under British not interfere with his constitutional prerog- ments can ever be constitutional. Field Marshal Montgomery during World atives. In fact, Mr. Dole’s instinct—to try to War II. These are, however, exceptions to the A recent article in the Washington limit the president’s ability to place Amer- rule, expedients undertaken in the very Times by distinguished former officials ican troops under foreign command—is con- gravest circumstances of world war. Such in- in the U.S. Justice Department, Mr. stitutionally sound, and the bill has much to stances do not alter the Constitution’s clear Casey and Mr. Rivkin, set forth the recommend it. As a start, it would repeal the requirement that only officers of the United constitutional problems with foreign War Powers Resolution, replacing that provi- States may command U.S. troops; that docu- command, and I will add that op-ed sion’s constitutionally impermissible limits ment cannot be amended by its own viola- on the president’s use of American forces piece for the RECORD. tion. Nor do they justify further violation of abroad with simple consultation and report- The reporting requirements which the Constitution’s requirements. ing requirements. Naturally, there are many possible ar- the amendment would delete provide us Contrary to the claims of its critics, the further insulation from the charge that rangements for cooperation with the United bill’s major flaw is not that it would prohibit Nations, and between American and allied we are authorizing something in sec- the president from assigning American troops on the ground, that would not violate forces to U.N. command, but that it purports tion 401 that is unconstitutional. the Appointments Clause. A prime example to allow such arrangements if Congress gives is NATO’s practice, where the Supreme Al- b 1030 its consent. Under the Constitution the lied Commander Europe—the Alliance’s top president does not have the authority, either I would say to the gentleman respect- military officer—has always been a U.S. gen- as commander-in-chief or as chief executive, fully that his arguments, while eral, an arrangement that is fully consistent to subordinate American troops to foreign with the Appointments Clause. In this re- learned, do not go to what the gen- command—and Congress cannot vest him spect, as in other military and foreign policy tleman is really doing through his with that authority. areas, the president has very great discretion amendment, because what the Armed The president’s authority as chief execu- in making agreements with the United Na- Services Committee or National Secu- tive to make foreign policy is broad (in the tions, or other international organizations. rity Committee has done is put in the Curtiss-Wright Export case the Supreme He is free to consult with the U.N. hierarchy phrase to assure that we are not violat- Court called it ‘‘plenary’’), and the Constitu- tion admits of few limits on his ability to in formulating American foreign policy. He ing the constitutional powers of the can dispatch American forces to trouble President, again it is the following: command the armed forces as commander in chief. The Supreme Court also has made spots at the request of the United Nations, Nothing in this section may be construed clear that these powers are at their height and he can instruct those forces to cooperate as an unconstitutional infringement on the when the president acts with the specific au- fully with the U.N. command structure and authority of the President as commander in thorization of Congress. These powers are with any other forces U.N. members contrib- chief. not, however, entirely without limit. (It was ute. He can subordinate the interests of the I urge my colleagues to reject the not the Framers’ habit to grant absolute United States to those of the international Leach amendment. power, with respect to any subject, to any community if he chooses. The president is answerable for each of (The article referred to follows:) branch of government.) In this instance, the president’s authority over the armed forces these actions to the electorate, and may well [From the Washington Times, Jan. 30, 1995] (and the authority of Congress) is limited by face congressional retaliation in the form of CONGRESS, THE PRESIDENT AND THE UNITED the Constitution’s requirement that anyone slashed budgets, legislative gridlock or even NATIONS exercising the legal authority of the United impeachment, if Congress objects. The Con- (By Lee A. Casey and David B. Rivkin Jr.) States must be an ‘‘officer’’ of the United stitution, however, does not forbid any of When American troops began to arrive in States, appointed in accordance with the these actions. What the president cannot do France in 1917, the Allied High Command de- ‘‘Appointments Clause.’’ is to interpose a U.N. (or any other foreign) manded that they be immediately assigned The Constitution’s Appointments Clause official into the chain of command. The to fill the gaps (created by the kaiser’s ma- (Article II, section 2, clause 2) provides that president can delegate his authority only to chine guns and the Allies’ own idiocy) in the the president ‘‘shall nominate, and by and a duly appointed officer of the United States. French and British formations on the West- with the Advice and Consent of the Senate, Any arrangement for international coopera- ern Front. shall appoint Ambassadors, other public tion that includes the actual subordination Gen. John ‘‘Black’’ Jack Pershing said no. Ministers and Consuls, Judges of the Su- of American military command to individ- As commander of the American Expedition- preme Court, and all other Officers of the uals who are not duly appointed officers of ary Force, he insisted that American troops United States.’’ Congress may vest the au- the United States, interposing those officials would fight under American officers, in thority to appoint less important or ‘‘infe- between the president and American troops, American formations, pursuant to the direc- rior’’ officers in the president alone, the must fail. tion of the American president. American courts of law, or with the heads of federal If Mr. Clinton persists in placing American troops were in Europe as the representatives agencies. ‘‘Principal’’ officers, however, troops under U.N. command, Congress would of a great power, fighting to make the world must be appointed by the president with the be perfectly within its rights to remind the safe for democracy, not as modern-day Hes- advice and consent of the Senate. The Su- president that the Constitution forbids such sians. preme Court made clear in the landmark an arrangement. Congress cannot, however, Pershing’s decision was both politically case of Buckley vs. Valeo that only individ- remove the constitutional impediment sim- wise and constitutionally correct. It is a uals appointed in accordance with this provi- ply by giving its consent. The branches of precedent that has been honored in the ob- sion may exercise ‘‘significant’’ federal au- government cannot among themselves agree servance more than the breach, and Sen. Bob thority. to ignore the Constitution’s mandates. Dole would like to keep it that way. The new Although the Appointments Clause is more Congress could, of course, remove the con- Senate majority leader is so concerned with often analyzed in terms of civilian appoint- stitutional impediment in accordance with President Clinton’s affection for U.N. peace- ments, it is fully applicable to military ap- the terms of Appointments Clause itself, by keeping missions (and suggestions that pointments—a point the Supreme Court allowing the president to commission U.N. American troops may actually be assigned to reaffirmed only last term in a case styled officials into the federal service. Senior offi- serve under U.N. commanders) that he has Weiss vs. United States. Indeed, it is difficult cers (and junior ones if Congress chooses) introduced legislation to require congres- to think of a more significant federal author- would have to undergo Senate confirmation, sional approval of any such arrangement. ity than the right to command American but there is no constitutional requirement Ironically, Mr. Dole’s bill—S. 5 the ‘‘Peace troops and, unlike the civilian service, Con- (although there currently is a statutory one) Powers Act of 1995’’—has provoked criticism gress has required that even very junior that officers of the United States also must from usually sympathetic quarters. For ex- military officers be appointed by and with be U.S. citizens. Under these circumstances, ample, The Washington Times suggested the consent of the Senate. Neither the presi- U.N. or foreign military officers could com- that the bill would unwisely limit the presi- dent nor Congress can waive the applicabil- mand American forces. They would, of dent’s power to deploy American troops as ity of the Appointments Clause. As a result, course, be subject to the direction of the necessary around the world. More broadly, a no individual, whether the secretary general president, to the Uniform Code of Military number of senior Republicans (including of the United Nations or a U.N. commander Justice and accountable for their actions as former Secretary of State James Baker) in the field, who is not a properly appointed are other American officers. have admonished the Republican-controlled officer of the United States can direct the Such an arrangement might or might not Congress not to continue their Democrat actions of American troops. be acceptable to the United Nations (prob- predecessors’ destructive policy of interfer- There have, of course, been instances when ably not), and it is likely that there would be ing with the president’s foreign policy pow- American troops did indeed serve under for- considerable congressional opposition (snow- ers. In principle, these admonitions are well- eign command. Pershing himself was forced balls in hell come to mind). But Congress H 1862 CONGRESSIONAL RECORD — HOUSE February 16, 1995 does have the authority to accomplish this Mr. WELDON of Pennsylvania. Mr. you remember that? This House went within the bounds of the Constitution. What Speaker, I withdraw my reservation of wild, and the Senate went wild. Does it cannot do is to agree with the president to objection. the gentleman from California remem- ignore the Constitution’s requirements—and The SPEAKER pro tempore. Is there ber we all went over to HC–5, had a big the accountability they ensure—by allowing him simply to assign American troops to for- objection to the request of the gen- confab, and Congress said, ‘‘Why were eign command. tleman from New York? we not involved?’’ That is what the There was no objection. Mr. GILMAN. Mr. Chairman, I move American people were asking. That is that the Committee do now rise. f why we have a Contract With America. That is why we are putting the Con- The CHAIRMAN. The question is on NATIONAL SECURITY gress back in. the motion offered by the gentleman REVITALIZATION ACT from New York. I remember the meeting at HC–5 that The SPEAKER pro tempore. Pursu- The motion was agreed to. day. You know, we cannot just abdi- ant to House Resolution 83 and rule Accordingly the Committee rose; and cate our power to the President and XXIII, the Chair declares the House in the Speaker pro tempore (Mr. BEREU- then, when things go bad, we all meet the Committee of the Whole House on TER) having assumed the chair, Mr. at HC–5 and we scream at the Sec- the State of the Union for the further LINDER, Chairman of the Committee of retary of Defense and we holler at the consideration of the bill, H.R. 7. the Whole House on the State of the Secretary of State, and one of them Union, reported that that Committee, b 1033 has to lose his job. Then it is too late. If we are going to be there for the having had under consideration the bill IN THE COMMITTEE OF THE WHOLE crash landing, we have got to be there (H.R. 7) to revitalize the national secu- Accordingly the House resolved itself for the takeoff, too, and that is all we rity of the United States, had come to into the Committee of the Whole House are saying in the Contract With Amer- no resolution thereon. on the State of the Union for the fur- ica. f ther consideration of the bill (H.R. 7) to revitalize the national security of I want Congress to no longer abdicate its power. We made a commitment. We ADDITIONAL TIME FOR DEBATE the United States, with Mr. LINDER in DURING FURTHER CONSIDER- the chair. made a commitment on November 8. ATION OF H.R. 7, NATIONAL SE- The Clerk read the title of the bill. We said that Congress would be in- CURITY REVITALIZATION ACT The CHAIRMAN. When the Commit- volved, but with this amendment, we Mr. GILMAN. Mr. Speaker, I ask tee of the Whole House rose earlier would renege. We are stepping back. unanimous consent that the 10-hour today, pending was the amendment of- We cannot renege on our promises. time limit for consideration of amend- fered by the gentleman from Iowa [Mr. Mr. LEACH. Mr. Chairman, I yield 2 ments to H.R. 7 be extended for 26 min- LEACH]. minutes to the distinguished gen- utes, and that the debate time for The gentleman from Iowa [Mr. tleman from Indiana [Mr. HAMILTON]. amendment No. 13, 21, 24, 30, or 33, or a LEACH] has 3 minutes remaining, and Mr. HAMILTON. Mr. Chairman, I germane modification of one of those the gentleman from New York [Mr. thank the gentleman for yielding. amendments be extended from 36 min- GILMAN] has 71⁄2 minutes remaining. I rise in support of the Leach amend- utes to 44 minutes equally divided and Mr. GILMAN. Mr. Chairman, I yield ment. The Leach amendment, I think, controlled by the proponent and a 21⁄2 minutes to the gentleman from Wis- simply restates the President’s con- Member opposed, and that the debate consin [Mr. ROTH]. stitutional power as Commander in time for the Torricelli amendment No. Mr. ROTH. Mr. Chairman, I thank Chief. 48, or amendment Nos. 28 or 43 be ex- the gentleman for yielding me this The language that he seeks to strike tended from 36 to 44 minutes equally time. from this bill can certainly be con- divided and controlled by the pro- This amendment would cut a key strued as a limitation on the Presi- ponent and a Member opposed. provision of this bill. The reason we dent’s Commander in Chief powers. It The SPEAKER pro tempore. Is there have a Contract With America is be- says specifically, ‘‘Nothing in this sec- objection to the request of the gen- cause we want to put Congress back tion may be construed as authority for tleman from New York? into the loop in the decisionmaking the President to use any element of the Mr. WELDON of Pennsylvania. Mr. process when it comes to peacekeeping. armed forces in any operation.’’ That is Speaker, reserving the right to object, But this amendment would say that a limitation on the President’s power. and I will not object, I wish to take Congress is meaningless whenever the It also says nothing in the section this time to pay tribute to the chair- President claims that he is acting as may be construed as authority for the man, both chairmen, who have gone Commander in Chief. President to place any element of the out of their way to make sure we ac- The consequence is that the Presi- Armed Forces under the command or commodate the minority on time that dent can keep sending troops into So- operational control of a foreign na- was lost in a previous vote. This effort, malia, Haiti, Rwanda, the Balkans tional. A President has done that over I think, shows a commitment on our without congressional approval. What and over and over again in our history. part to make sure that we do not take we are saying in the Contract With The implication of this language that time away. There was a vote that was America is that Congress must be in- the gentleman from Iowa seeks to not anticipated in the past, and with volved. We cannot abdicate our power. strike is to limit the President’s Com- the cooperation of the gentleman from Now, this is a key provision of this mander in Chief powers. It microman- California, who I know wants to speak, bill. The American people on November ages and restricts the President’s pow- and the chairman, it has been worked 8, when they voted for the Contract ers. out. I think that speaks to our wanting With America, one of the key provi- The Pentagon says if this language to work together and allow for a full sions was that Congress was going to had been in effect you would not have and open debate of these remaining is- get more involved in our peacekeeping been able to have D-Day, because you sues. decisions. How the tax dollars are would not have been able to put to- Mr. Speaker, further reserving the spent is important, also when young gether a collective effort that was so right to object, I yield to the gen- Americans are put into harm’s way. successful there. tleman from California [Mr. BERMAN]. This Congress has an obligation, speak- The point here, my friends, is we Mr. BERMAN. Mr. Speaker, I appre- ing for the American people, to give ei- have our job to do. The gentleman from ciate the gentleman’s yielding. ther our approval or nonapproval, but Wisconsin stated that quite accurately. I was not planning to speak. I will under this amendment, Congress would We have our constitutional responsibil- simply say I accept the offer as appro- be totally irrelevant. ities. But in exercising our responsibil- priate given the inadvertence of what Do you remember the Somalia deba- ities, we must not cut into the Com- happened. It does not deal with the cle where we lost some 44 young Ameri- mander in Chief powers. We need to fundamental problem of a 10-hour time cans? When the bodies were dragged allow the President to do his job as limit. through the streets of Mogadishu? Do Commander in Chief. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1863 I support the gentleman’s amend- completely consistent with the Con- macy. If this kind of approach hap- ment, and I commend him for offering stitution and with our right to say as pened in all other countries in the it. Representatives of those families who world, peacekeeping comes to an end, Mr. GILMAN. Mr. Chairman, I yield 2 are visited by Navy and Marine Corps burden sharing comes to an end. We do minutes to the gentleman from Califor- and Army teams when they have sons not have a prospect of expanding the nia [Mr. DORNAN]. who are killed in combat, that that is rule of law in a reasoned way. Mr. DORNAN. Mr. Chairman, I am to say to those families, ‘‘We will have So I would urge the Members of this the last Member of the House or Senate a direct chain of accountability, you body to understand that there is a sym- to have been in Haiti. I am the last can always count on that up to an bolism as well as a constitutionalism Member of the House or Senate to have American commander and down from with regard to this particular amend- been in Somalia. that American commander right down ment. I did not bring out the flag in either through the platoon and squad level to Mr. GILMAN. Mr. Chairman, I yield case. I wish I had in Somalia. your son when he is in combat.’’ myself the balance of my time. I went to Somalia within a few days Let me just say there has been a lot Mr. Chairman, let us be clear about following my distinguished colleague, of confusion about this. The gentleman just what is at issue with regard to this the gentleman from Pennsylvania [Mr. from Indiana [Mr. HAMILTON] talked amendment. The Leach amendment MURTHA], to find out why 18 of Ameri- about not being able to have D-day. D- waters down the restrictions on foreign ca’s best-trained soldiers had died in day was not a United Nations oper- command of U.S. forces in this bill. what they called the firefight from ation. There has been confusion about While couched as an effort to protect hell. Korea. The commander in Korea, Gen- the President’s constitutional author- Three days later, Sergeant Matthew eral Luck, has a straight American ity, it deletes other language in the bill Rierson was killed with an unlucky chain of command. If we go into some and effectively creates loopholes in the mortar shot at the headquarters of the type of a preemptive operation, should foreign command restrictions. Rangers, and a dud landed at the feet there be an invasion from the north This bill includes language in section of a U.S. two-star general, or we would then you move to a joint American-Ko- 401 protecting the President’s constitu- have lost one of our best Special Forces rean command, but that is not under tional authority. Accordingly, the new major generals. United Nations sanctions. So that sec- language added by the Leach amend- Now, I am standing here to tell you tion, that operation, is not applicable ment is unnecessary. and to tell about 12 to 18 to 20 Repub- to this section with the Contract With The fact is that the foreign command licans, including 2 or 3 freshmen, that America. restrictions in the bill have been care- we are starting to lose some of you on This is constitutional, it is appro- fully crafted so as not to unduly con- the Contract With America. priate, in response to our people. strain the President’s authority. Let us Mr. GILMAN. Mr. Chairman, I am b 1040 not upset this carefully crafted bal- pleased to yield 45 seconds to the gen- ance. Please pay attention to why this is tleman from Pennsylvania [Mr. I urge a vote against the Leach one of the core items of our Contract MCHALE]. amendment. With America. The gentleman from Mr. MCHALE. I thank the chairman The CHAIRMAN. All time has ex- New York [Mr. GILMAN] had this chart for yielding to me. pired. made up. This is as of about May 1994. Mr. Chairman, I rise in strong opposi- The question is on the amendment I do not want to distract you from my tion to the Leach amendment. offered by the gentleman from Iowa remarks, but please come down and As stated by Mr. BEREUTER a few [Mr. LEACH]. take a look at this utter madness, minutes ago, the defect of this amend- The question was taken; and the what happens when our troops are ment is not contained in its actual text Chairman announced that the noes ap- under foreign command. Here is what I but rather in the deletion it makes to peared to have it. discovered within an hour of landing in the underlying bill. Somalia, that we had a two-track I have no objection, Mr. Chairman, if RECORDED VOTE chain of command. Major General American forces are integrated at the Mr. LEACH. Mr. Chairman, I demand Montgomery, with whom I just had strategic level into an overall com- a recorded vote. lunch in Bastogne just a couple of mand structure. We have heard ref- A recorded vote was ordered. weeks back at the 50th anniversary of erences made to D-Day. I participated The vote was taken by electronic de- the Battle of the Bulge, an excellent in Operation Desert Storm, which was vice, and there were—ayes 158, noes 267, general, now one of the 3-star deputy indeed an operation involving the inte- not voting 9, as follows: commanders of our forces in Europe. gration of international cooperation. [Roll No. 142] But I asked him about where was the Mr. Chairman, at the battlefield AYES—158 rescue column? I told him I had just level, where American forces are under Abercrombie Dicks Hilliard come back with him from an overflight fire, it requires a shared patriotism and Ackerman Dingell Hinchey in a Black Hawk, taking pictures with peacetime training. That bond between Baesler Dixon Houghton my camera, of Russian-license, built- American forces requires American Baldacci Doggett Hoyer Barrett (WI) Dooley Jackson-Lee in-India T-72 main battle tanks, 14 of leadership. Beilenson Doyle Jefferson them, and I said where were these In- I rise in opposition to the Leach Bentsen Durbin Johnson, E. B. dian tanks to blow through the road amendment. Berman Engel Johnston blocks? He said, ‘‘You will have to talk Mr. LEACH. Mr. Chairman, I yield Bishop Eshoo Kanjorski Bonior Evans Kennedy (MA) to the other commander.’’ myself the balance of my time. Borski Farr Kennedy (RI) The whole thing is so complicated we Mr. Chairman, I conclude with two Boucher Fattah Kennelly simply must vote against the Leach points: First, I think everybody in this Brown (CA) Fazio Kildee Brown (FL) Fields (LA) Kleczka amendment. room must understand there is an emo- Brown (OH) Filner Klink Mr. GILMAN. Mr. Chairman, I am tive aspect of this issue that we all Bryant (TX) Flake LaFalce pleased to yield 11⁄2 minutes to the gen- share a common sympathy. Cardin Foglietta Lantos tleman from California [Mr. HUNTER]. But also at stake is the Constitution Chapman Ford Leach Clayton Frank (MA) Levin Mr. HUNTER. I thank the gentleman of the United States, which is very pre- Clement Frelinghuysen Lofgren for yielding this time to me. cise on who the commander in chief is Clyburn Frost Lowey Mr. Chairman and my colleagues, Ar- and what the command function is. Coleman Furse Luther Collins (IL) Gejdenson Manton ticle 1, section 8 of the Constitution in- This is a constitutional issue. Conyers Gephardt Markey cludes this language: ‘‘The Congress The second point I make is it is also Costello Gibbons Martinez has the power to make rules for the a policy issue. Let there be no mis- Danner Gonzalez Mascara government and regulation of the land understanding, this bill, as currently DeFazio Gutierrez Matsui DeLauro Hall (OH) McCarthy and naval forces.’’ That is to say that crafted, drives a stake into the United Dellums Hamilton McDermott what we are doing in the Contract is States leadership in multilateral diplo- Deutsch Hefner McKinney H 1864 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Meehan Petri Stokes Smith (NJ) Tauzin Walsh Department of Defense in support of activi- Meek Porter Studds Smith (TX) Taylor (MS) Wamp ties authorized by United Nations Security Menendez Poshard Stupak Smith (WA) Taylor (NC) Watts (OK) Council resolutions, including the identifica- Mfume Rangel Thompson Solomon Tejeda Weldon (FL) Miller (CA) Reed Torres Souder Thomas Weldon (PA) tion of the element within the Department Mineta Reynolds Torricelli Spence Thornberry Weller of Defense that provided such assistance. Mink Richardson Towns Spratt Thurman White ‘‘(B) Each report submitted pursuant to Moakley Rivers Tucker Stearns Tiahrt Whitfield subparagraph (A) shall describe— Mollohan Rose Velazquez Stenholm Torkildsen Wicker ‘‘(i) the assistance provided for each such Moran Roukema Vento Stockman Traficant Wolf operation, listed by category of assistance; Morella Roybal-Allard Visclosky Stump Upton Young (AK) Murtha Rush Volkmer Talent Vucanovich Young (FL) and Nadler Sabo Ward Tanner Waldholtz Zeliff ‘‘(ii) copies of all billings requesting pay- Neal Sanders Waters Tate Walker Zimmer ment by the United States of any contribu- Oberstar Sawyer Watt (NC) NOT VOTING—9 tion for United Nations peacekeeping activi- Obey Schroeder Waxman ties. Olver Schumer Williams Becerra Green Maloney ‘‘(C) The report for the fourth calendar Orton Scott Wise Clay Hastings (FL) Thornton Owens Serrano Woolsey Collins (MI) Lewis (GA) Wilson quarter of each year shall be submitted as Pallone Skaggs Wyden part of the annual report required by section Payne (NJ) Skelton Wynn b 1105 4(d) and shall include cumulative informa- Pelosi Slaughter Yates tion for the preceding calendar year. Peterson (FL) Stark Mr. METCALF, Mrs. THURMAN, and Messrs. JOHNSON of South Dakota, ‘‘(3) LIMITATION.—Funds may be obligated for payment to the United Nations of the NOES—267 BROWDER, DE LA GARZA, and United States assessed share of United Na- Allard Ensign Lincoln LAUGHLIN changed their vote from tions peacekeeping operations for a fiscal Andrews Everett Linder ‘‘aye’’ to ‘‘no.’’ Archer Ewing Lipinski year only to the extent that the amount of Armey Fawell Livingston Mrs. ROUKEMA changed her vote such assessed share exceeds the amount Bachus Fields (TX) LoBiondo from ‘‘no’’ to ‘‘aye.’’ equal to— Baker (CA) Flanagan Longley So the amendment was rejected. ‘‘(A) the total amount identified in the re- Baker (LA) Foley Lucas port submitted pursuant to paragraph (1) for Ballenger Forbes Manzullo The result of the vote was announced Barcia Fowler Martini as above recorded. the preceding fiscal year, reduced by Barr Fox McCollum The CHAIRMAN. Under a previous ‘‘(B) the amount of any reimbursement or Barrett (NE) Franks (CT) McCrery order of the House, it is now in order to credit to the United States of any contribu- Bartlett Franks (NJ) McDade consider the amendments of the gen- tion for United Nations peacekeeping activi- Barton Frisa McHale ties. Bass Funderburk McHugh tleman from California [Mr. BERMAN]: ‘‘(C) The report for the fourth calendar Bateman Gallegly McInnis amendments Nos. 13, 21, 24, 30, 33, and quarter of each year shall be submitted as Bereuter Ganske McIntosh a germane modified amendment No. 13. Bevill Gekas McKeon part of the annual report required by section Bilbray Geren McNulty The Clerk will designate amend- 4(d) and shall include cumulative informa- Bilirakis Gilchrest Metcalf ments Nos. 13, 21, 24, 30, and 33. tion for the preceding calendar year. Bliley Gillmor Meyers MODIFIED AMENDMENT OFFERED BY MR. ‘‘(3) LIMITATION.—Funds may be obligated Blute Gilman Mica BERMAN Boehlert Goodlatte Miller (FL) for payment to the United Nations of the Boehner Goodling Minge Mr. BERMAN. Mr. Chairman, pursu- United States assessed share of United Na- Bonilla Gordon Molinari ant to the previous order of the House, tions peacekeeping operations for a fiscal Bono Goss Montgomery I offer amendment No. 13, as modified, year only to the extent that the amount of Brewster Graham Moorhead which is at the desk. such assessed share exceeds the amount Browder Greenwood Myers equal to— Brownback Gunderson Myrick The CHAIRMAN. The Clerk will re- Bryant (TN) Gutknecht Nethercutt port the modified amendment. ‘‘(A) the total amount identified in the re- port submitted pursuant to paragraph (1) for Bunn Hall (TX) Neumann The Clerk read as follows: Bunning Hancock Ney the preceding fiscal year, reduced by Burr Hansen Norwood Modified Amendment No. 13 offered by Mr. ‘‘(B) the amount of any reimbursement or Burton Harman Nussle BERMAN: Beginning on page 37, strike line 7 credit to the United States by the United Buyer Hastert Ortiz and all that follows through page 39, line 24, Nations for the costs of United States sup- Callahan Hastings (WA) Oxley and insert in lieu thereof the following: Calvert Hayes Packard port for, or participation in, United Nations SEC. 501. CREDIT AGAINST ASSESSMENT FOR EX- Camp Hayworth Parker peacekeeping operations for the preceding PENDITURES IN SUPPORT OF UNIT- Canady Hefley Pastor fiscal year. ED NATIONS PEACEKEEPING OPER- Castle Heineman Paxon ATIONS. ‘‘(4) EXEMPTIONS.—Paragraph (3) shall not Chabot Herger Payne (VA) apply to— (a) PEACEKEEPING OPERATIONS.—The Unit- Chambliss Hilleary Peterson (MN) ‘‘(i) costs for which the Department of De- Chenoweth Hobson Pickett ed Nations Participation Act of 1945 (22 Christensen Hoekstra Pombo U.S.C. 287 et seq) is amended by adding at fense has been otherwise reimbursed; Chrysler Hoke Pomeroy the end the following new section: ‘‘(ii) the costs of deployments under the Clinger Holden Portman ‘‘SEC. 10. (a) CREDIT AGAINST ASSESSMENT auspices of the United Nations Security Coble Horn Pryce FOR EXPENDITURES IN SUPPORT OF PEACE- Council which the United States has under- Coburn Hostettler Quillen taken to support its national security inter- Collins (GA) Hunter Quinn KEEPING OPERATIONS.— ‘‘(1) ANNUAL REPORT.—The President shall, ests, in which United States Armed Forces Combest Hutchinson Radanovich served under United States command, and Condit Hyde Rahall at the time of submission of the budget to Cooley Inglis Ramstad Congress for any fiscal year, submit to the for which the United States has sought the Cox Istook Regula designated congressional committees a re- approval of the Security Council under the Coyne Jacobs Riggs port on the total amount of incremental United Nations Charter; Cramer Johnson (CT) Roberts costs incurred by the Department of Defense ‘‘(iii) the enforcement of United Nations Crane Johnson (SD) Roemer during the preceding fiscal year to support sanctions and enforcement of no-fly zones Crapo Johnson, Sam Rogers which are in the national security interest of Cremeans Jones Rohrabacher or participate in United Nations peacekeep- Cubin Kaptur Ros-Lehtinen ing operations. Such report shall include a the United States; Cunningham Kasich Roth separate listing by United Nations peace- ‘‘(iv) the provision of humanitarian assist- Davis Kelly Royce keeping operation of the amount of incre- ance; or de la Garza Kim Salmon mental costs incurred to support or partici- ‘‘(v) the costs of deployments related to Deal King Sanford pate in each such operation. the provision of emergency medical care ren- DeLay Kingston Saxton dered by United States Armed Forces when Diaz-Balart Klug Scarborough ‘‘(2) QUARTERLY REPORTS.—(A) In addition Dickey Knollenberg Schaefer to the annual report required under para- United States Armed medical personnel or Doolittle Kolbe Schiff graph (1), the President shall submit quar- medical care facilities are in the theater of Dornan LaHood Seastrand terly reports to the designated congressional operations in which a United Nations peace- Dreier Largent Sensenbrenner committees on— keeping mission is being conducted. Duncan Latham Shadegg ‘‘(i) all assistance provided by the United ‘‘(5) WAIVER.—(A) The President may waive Dunn LaTourette Shaw States during the preceding quarter to the the application of paragraph (3) for a United Edwards Laughlin Shays Nations peacekeeping operation if the Sec- Ehlers Lazio Shuster United Nations to support peacekeeping op- Ehrlich Lewis (CA) Sisisky erations; and retary of Defense reports to the President Emerson Lewis (KY) Skeen ‘‘(ii) all assistance provided by the United that support for such peacekeeping operation English Lightfoot Smith (MI) States for any operation conducted by the will not endanger the readiness of the United February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1865 States Armed Forces and if the President The CHAIRMAN. Under a previous pliance with the U.N. resolutions, be- consults with the Consultative Group 15 days order of the House, the gentleman from fore it is clear that we have an Iraq in advance of such waiver. California will be recognized for 22 that no longer has any aggressive in- ‘‘(B) If the President determines that an minutes, and a Member in opposition tentions on its neighbors? emergency exists which prevents compliance will be recognized for 22 minutes. with the requirement of subparagraph (A) We are talking about U.N. peace- and such waiver is in the national security The Chair recognizes the gentleman keepers who have been for 30 years in interests of the United States, such con- from California [Mr. BERMAN]. Cyprus to help prevent war between sultation shall occur as soon as practicable Mr. BERMAN. Mr. Chairman, I yield two NATO allies, Greece and Turkey. but no later than 48 hours after such obliga- myself such time as I may consume up In former Yugoslavia, the United Na- tion. to 5 minutes. tions is providing critical humani- ‘‘(6) DEFINITION.—For purposes of this sub- (Mr. BERMAN asked and was given tarian assistance and helping prevent section, the term ‘designated congressional permission to revise and extend his re- the conflict from spreading to other committees’ shall include the Committee on marks.) National Security of the House of Represent- parts of Europe. In Mozambique, El Mr. BERMAN. Mr. Chairman, this Salvador, Nicaragua, and Namibia we atives and the Committee on Armed Services amendment is addressed to section 501 of the Senate.’’. have U.N. observers. Out of the total of the bill. I am not going to spend a (b) EFFECTIVE DATE.—The provisions of forces I have just talked about, 1.4 per- lot of time talking about the amend- section 10(a) of the United Nations Participa- cent are American Forces. The rest are ment because I am not going to ask for tion Act of 1945, as added by subsection (a) other countries’ contributions through a recorded vote on the amendment, but shall apply only with respect to United Na- the assessed contribution scheme. tions assessments for peacekeeping oper- for the reasons I will state, I believe in Now, these issues were raised in the ations after fiscal year 1995. and of itself section 501 as put forth in (c) Definitions.—For purposes of the this bill is reason enough for every Committee on National Security, and I amendments made by this section— Member in this Chamber to oppose this want to take one moment to just com- (1) the term ‘‘incremental cost’’ shall mean legislation. pliment the gentleman from Nebraska those additional costs incurred directly as a Section 501, if it were ever signed [Mr. BEREUTER], because one other part result of a peacekeeping operation, but shall of title IV which was clearly unconsti- not include personnel costs or other costs into law, would totally wipe out—let me repeat that—totally wipe out every tutional on its face has been deleted by that would have been incurred otherwise in virtue of an amendment passed unani- the regular course of peacetime operations, single regularly assessed peacekeeping such as training exercises, maintenance, and operation now incurred or which may mously last night. But 501, while it logistical support; and ever in the future be incurred by the does not raise constitutional problems, (2) the term ‘‘Consultative Group’’ means United Nations. is the most foolish, self-defeating kind the Standing Consultative Group established of provision we could want to adopt. b by section 501A of this Act. 1110 When we raised these issues in the SEC. 501A. CONSULTATION. Let me repeat that one more time: Committee on National Security, peo- (a) STANDING CONSULTATIVE GROUP.—There Not one single current U.N.-assessed ple scrambled around, they made an is hereby established a Standing Consult- peacekeeping operation now in place adjustment, they added a waiver. What ative Group (hereinafter in this Act referred would continue if section 501 were to kind of waiver did they add? They to as the ‘‘Consultative Group’’). pass, because section 501, by requiring added a waiver that said that we will (b) PURPOSE.— an automatic offset. For every dollar not deduct those voluntary contribu- (1) IN GENERAL.—(A) The purpose of the that is spent on U.S. voluntary con- tions that the United States now pays, Consultative Group shall be to facilitate im- tributions, incremental costs to U.N. those incremental costs, if the Presi- proved consultation between the executive peacekeeping activities would be de- dent can certify, and only if the Presi- branch and the Congress with respect to ducted from our assessment. We would United States participation in peacekeeping dent can certify, that those chapter 7 pay zip, zero, nothing to the United Na- activities. operations, there is no waiver for chap- (B) Consultations in accordance with this tions for the regularly assessed peace- ter 6 operations, those chapter 7 oper- section shall occur prior to the United keeping operations. They would fall ations he would have undertaken on States making commitments to the United apart. They would end. his own. Nations, any regional organization in which I say this in the context of trying to What foolishness that waiver is. That the United States participates, or any other explain the kinds of operations we are waiver, talk about enforcing a boycott countries, on United States participation in talking about. We are talking about against Iraq. By definition an economic peacekeeping operations, including in par- U.N.-assessed peacekeeping operations ticular any participation under Chapter VII boycott enforced by a blockade cannot which, as the chart next to me shows be done unilaterally. One has to get of the United Nations Charter. utilize, of all the operations and the (C) Such consultations shall also include Turkey to stop letting Iraq use its forces utilized, only 1.4 percent are details of operational command and control pipeline for oil. One has to bring in the American Forces. We are talking about arrangements governing United States par- multilateral nations. a U.N.-assessed contribution that we ticipation in peacekeeping operations. The CHAIRMAN. Does any Member pay that was legislated by the bill that (2) REGULAR CONSULTATIONS.—In carrying seek time in opposition? out paragraph (1), the Consultative Group the majority last year passed and was and the President or his designee shall meet signed into law by President Clinton, Mr. BEREUTER. Mr. Chairman, I regularly for discussions and consultation, that unilaterally reduces our assessed seek to control the time in opposition. but in no event less frequently than once a contribution from the extraordinarily Mr. Chairman, it is my pleasure to month. high 31 percent to the 25 percent that yield 5 minutes to the gentleman from (c) RULE OF CONSTRUCTION.—The conduct of Wisconsin [Mr. ROTH], the senior mem- consultation pursuant to subsection (b)(2) we regularly pay for all other U.N. dues. ber of the Committee on International with respect to possible or ongoing United Affairs. States participation in a peacekeeping oper- We are talking about a series of oper- ation which may involve the use of United ations, and I want to just tell you the Mr. ROTH. Mr. Chairman, Liddell States Armed Forces shall not be construed kinds of operations we are involved in, Hart, in writing about strategy and as a grant of authority to the President that will be eliminated if this were to how you win wars, said, ‘‘Never do di- under the War Powers Resolution (87 Stat. happen. We are talking about the rectly what you can do indirectly.’’ So 555). peacekeepers on the Golan Heights I want to compliment the gentleman Mr. GILMAN (during the reading). that help preserve the peace between from California, because what he is Mr. Chairman, I ask unanimous con- Israel and Syria. We are talking about doing is gutting this bill; but he is not sent that the modified amendment be the U.N. peacekeepers on the Kuwait doing it directly, he is doing it indi- considered as read and printed in the border, not American, mind you, who rectly. RECORD. continue to constrain Saddam’s ability You know, in this Contract With The CHAIRMAN. Is there objection to threaten his neighbors. We fought America we say we will reduce our to the request of the gentleman from Desert Storm, Saddam still survives. peacekeeping spending to a fair share. New York? Are we going to walk away from that Last year, according to the General Ac- There was no objection. Kuwait border before he is in full com- counting Office, the investigative arm H 1866 CONGRESSIONAL RECORD — HOUSE February 16, 1995 of Congress, the American taxpayer says, ‘‘The Republicans are retreating bursement formula in an effort to en- paid 80 percent of the expense for from their promises they made in their sure that funds would be available for peacekeeping. We are projected now to Contract With America,’’ and it says true peacekeeping operations even pay about 31.7 percent. What we are ‘‘He accused them of tackling easy ele- after the offsets. We have received pre- saying in the Contract With America is ments of the pact and ducking the liminary estimates from GAO of the we are reducing it to 25 percent. Out of tougher votes.’’ amount of unreimbursed incremental the 182 countries in the world, we will Mr. Chairman, this is only the 43d chapter 6 peacekeeping expenses from still be paying one-fourth of all the day. The President’s senior adviser fiscal year 1994. These are the only true peacekeeping. went on to say that he is predicting peacekeeping expenses and the only Now, what this amendment does is that the voters will enact punishment ones for which legislation, as amended, put in exceptions. By the time you get on the Republicans for being reticent would strictly require and offset. The done with all the exceptions, you have and not enacting their provisions of total amount of these expenses is about gutted the bill. So it is an indirect way the Contract With America $227 million. This is some $300 million of gutting it. Let me say that the issue Mr. Chairman, let us stick with the less than the administration’s budget here is: Do you believe that we are pay- Contract With America That is what request for peacekeeping in fiscal year the people voted for. Let us not jump ing our fair share, or do you think that 1996, and about $800 million less than up and vote for these amendments that we are paying more than our fair the peacekeeping budget for fiscal year would indirectly gut the Contract With share? Let me repeat again. One hun- 1995, including the supplemental appro- America. Believe me, you will be shown dred and eighty-two countries in the priation. no mercy on the campaign trail or in world; one Nation, ours, pays 31.7 per- The remaining $1.5 billion in unreim- cent. What we are saying is we want to the 1-minutes or at any other time, any time we step away from the Con- bursed chapter 7 expenses for oper- reduce it to 25 percent. ations such as Desert Storm, Operation We are still paying 21⁄2 times more tract With America. We do not want to end up with the contract just enumer- Deny Flight, and Uphold Democracy, than any other nation. Last year, which are more aptly described as again, we paid 80 percent, and that is ating 10 issues and having it gutted, do we? No. Do not vote for the Berman peacemaking, would not require an off- according to the General Accounting set provided that the President pro- Office. I want to underscore that. amendment. Stick with the contract. vided the necessary certification to There are those who believe that the b 1120 Congress. In essence, this is a certifi- U.S. taxpayer should go on paying Mr. BERMAN. Mr. Chairman, I yield cation that the U.S. role in these oper- more and more for all of these peace- 2 minutes to the gentleman from Wis- ations was in its own strategic interest keeping missions. In the Contract With consin [Mr. OBEY]. and not solely at the behest of the America we pledged fairness. For one Mr. OBEY. Mr. Chairman, in the 8 United Nations. As long as the United Nation to pay 80 percent and for its sol- years that I chaired the Subcommittee States remains prepared to contribute diers to do most of the heavy lifting, to on Foreign Operations of the Commit- between $300 and $800 million per year do the fighting, I do not think is fair, tee on Appropriations, I received three to true international peacekeeping op- and the American people do not think letters from Presidents Reagan and erations, it is inaccurate, and I would it is fair. Eighty percent of the money, Bush, threatening to veto the foreign our soldiers. That is why on November submit it is unfair, to say that we have aid bills which we reported out of our removed peacekeeping as an option. 8 the American people did affirma- subcommittee because they said we did tively vote for the Contract With The second way in which the admin- not spend enough money. So I think istration’s criticism misses the mark is America. my record in trying to save dollars in Now, I want to say that you win wars that it incorrectly assumes that the foreign aid is clear. President would be required to certify not with op-ed pieces; you win wars Section 501, just defended by my col- with treasury and with soldiers. And in advance that we would unilaterally league from Wisconsin, is intended to undertake the action in order to ex- that is why it is very important for us reduce cost. That is obvious. But the to look at this particular bill. empt it from the offset requirements. fact is, it will have just the opposite ef- The administration then argues that if The issue here is whether you want fect. In fact, it will raise costs, because to put the American taxpayer ahead of other nations knew the United States section 501 applies unless, unless the would undertake an operation of its the United Nations. Do you? Or do you President certifies that a peacekeeping believe that the American taxpayer own, there would be no need for them operation is so important that we to cooperate in such inaction. This ar- must automatically keep on paying would do it alone. more and more and more for whatever gument simply misreads the bill. There That is an open invitation to other is no requirement that we act unilater- operations are dreamed up at the UN. countries to simply step back and say: ally, or even that we certify after the If we vote for this amendment, we ‘‘OK, let Uncle Sam go it alone, let fact that we did act unilaterally, in will be reneging on our Contract With Uncle Sam be uncle sucker.’’ Just bril- order to avoid the offset requirement. America. Keep that in mind. We will be liant. Rather, the President need only cer- retreating from our Contract With I tell you what confuses me about America. this proposal. I cannot figure out tify after the operation that it was the Did you read the headlines this whether this bill was designed to be so sort of operation that we would have morning in the Washington Times? dumb or whether it just happened that undertaken in the strategic interest of You do not read the Washington way by accident. the United States, even if we had been Times? Let me tell you, there it is. What when I see it coming from the able to secure U.N. cooperation. ‘‘George Stephanopoulos, senior ad- party of Vandenberg, I do not know This formula, Mr. Chairman, leaves viser to President Clinton, said yester- whether to cry or laugh. the President the flexibility he needs day that the Republicans in this House Mr. BEREUTER. Mr. Chairman, I to protect the U.S. interests wherever are retreating from their promises.’’ yield 3 minutes to the distinguished he can certify in good conscience that And my dear friends, do not think for 1 gentleman from New Jersey [Mr. such interests are at stake. Provided minute, not on the 110th day or the SMITH], a member of the Committee on only that he can make such a certifi- 105th day, but on the 101st day, and in International Relations. cation, he need not fear that the cost fact it is already started and we are (Mr. SMITH of New Jersey asked and of an operation will be offset against only in the 43rd day. was given permission to revise and ex- next year’s peacekeeping budget. My friends, we are not even at the tend his remarks.) Some of the proposed amendments 50th day. Can you imagine what is Mr. SMITH of New Jersey. Mr. Chair- would even go further, exempting prac- going to happen on the 101st day? man, the criticisms that have been lev- tically everything from the offset, but Do not be hornswoggled by these eled against section 501, I believe, are that is something we did not have to amendments. I have been telling you misplaced. The Committee on Inter- deal with today. these guys are very deceptive over national Relations carefully considered Mr. Chairman, I ask for Members to here. What does he go on to say? He the objection and amended the reim- vote against this amendment. I believe February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1867 that the underlying language is suffi- up almost a third of all the costs. I do Mr. Chairman, what the Berman cient and will positively serve peace- not think it is unreasonable to want a amendment does is to define those DOD keeping for the United States and our complete accounting for the President costs much more narrowly. We have allies. to tell us about all these costs. And if two purposes that are sought here, it Mr. BERMAN. Mr. Chairman, I yield we feel it is extremely high, we should seems to me. The first is that the De- myself 30 seconds. be able to do something about it. This fense Department be fully reimbursed Under the theory that inaccurate is a very, very good amendment. for these reasonable expenses. That is statements should be refuted as quick- The American people want us to par- the concern that the majority is em- ly as possible, I ask everyone to read ticipate and do what we can to make phasizing, and it is a perfectly legiti- the waiver section of section 501. There sure there is peace and harmony in this mate concern, but they have overdrawn world, but they do not want to pay the is an automatic deduction unless the their amendment much, much too whole enchilada. And 80 percent of the President certifies as to chapter 7 only, broadly. not chapter 6, operations, that the ac- cost last year was paid for by the U.S. The second concern, I think, is that tivity is of such importance to the na- taxpayer. we maintain U.N. peacekeeping capa- tional security the United States will In addition to that, the year before bilities. The advantage of the Berman undertake the activity unilaterally, that, we paid 44 percent of the peace- amendment is that it accomplishes unilaterally. Not in our strategic inter- keeping cost. Think about that. Forty- est. Not in our national interest. Uni- four percent is a lot when we consider both purposes, DOD reimbursement on laterally. all the countries in the world that are a reasonable basis, a limited basis, but Mr. Chairman, I yield 2 minutes to in the U.N. But it was almost doubled at the same time not destroying Amer- the gentleman from Iowa [Mr. LEACH]. last year. This is a move that should be ican national interest. Mr. LEACH. Mr. Chairman, I thank taken. Mr. Chairman, I strongly urge sup- the gentleman for yielding time to me. I think it is a good amendment. I port of the Berman amendment. Mr. Chairman, let me just stress I hope my colleagues will support it. Mr. GILMAN. Mr. Chairman, I am think the big question is not whether b 1130 pleased to yield 3 minutes to the gen- there is a modification—it is probably tleman from Kentucky [Mr. ROGERS], too harsh to call it a retreat—from a Mr. BERMAN. Mr. Chairman, I yield the distinguished chairman of the Sub- quasi-party platform, the contract. 3 minutes to the gentleman from Indi- committee on Commerce, Justice, ana [Mr. HAMILTON], the ranking mem- The big question is whether there is State, and the Judiciary of the Com- ber of the committee. going to be a retreat from inter- mittee on Appropriations. Mr. HAMILTON. Mr. Chairman, I national leadership, from the tradi- Mr. ROGERS. Mr. Chairman, I thank thank the gentleman for yielding me tions of at least half a century of the gentleman for yielding time to me. the time, and I certainly commend him American involvement in world affairs. Mr. Chairman, we are not anti-Unit- for his amendment, which I strongly I would only ask, as we look at this support. ed Nations, we are not anti-reasonable particular amendment that has been Section 501, as it is drafted in H.R. 7, peacekeeping operations. There are offered by the distinguished gentleman limits the U.S.-assessed contributions some good peacekeeping operations, we from California [Mr. BERMAN], two to U.N. peacekeeping to only the have to say. There have been some bun- questions: amount that exceeds DOD’s costs in gled ones, obviously. Those are the Is it cheaper and more effective to support of U.N.-authorized operations. ones we need to focus on. advance the interests of the United Mr. Chairman, the provision says in However, let me say this, Mr. Chair- States through international burden effect that DOD costs include not only man, three points. There must be some sharing, or is it cheaper and more ef- DOD support to regular U.N. peace- fairness in the sharing of the burden of fective to go it alone? keeping operations, such as Cyprus, peacekeeping in the world. The Untied The second question is, How can we, but to any U.N. peacekeeping activity. States is being overburdened in this in times of trauma, ask others to serve By that definition, Mr. Chairman, we process. The direct contribution that with us if we refuse to serve with would include a lot of things that the we make is, as has been noted, almost them? United States today is doing under the a third of the total cost, not to men- It is in this context that I think this rule; for example, 15,000 United States tion the extra costs of the Department particular amendment would add mod- personnel enforcing no-fly zones in of Defense and the others in support of estly to the bill and make it something Iraq, very much in the interests of the those missions. that would be more acceptable to more United States; troops in Operation Pro- It is reasonable to say we are paying Members of this body. vide Comfort, helping the Kurds in upwards of 60 to 70 percent of the total But I would stress to everyone, this Iraq; troops in South Korea, and many cost of peacekeeping missions. That is has become a flawed bill in the final other areas. unfair. That must be addressed by the measure. With great regret, I am going Therefore, Mr. Chairman, the impact United Nations. The only way to get to have to vote against it. of all of that would be that, as drafted, them to address those kinds of ques- Mr. GILMAN. Mr. Chairman, I yield 3 it would prohibit the United States tions is for this Congress to be obsti- minutes to the gentleman from Indiana from making its assessed U.N. nate on funding. That is what we will [Mr. BURTON], the distinguished chair- peackeeping contribution, and will, in man of the Subcommittee on Western be doing. effect, kill U.N. peacekeeping. That is Two, the ineptitude of the United Na- Hemisphere. the judgment, I think, of all of the ex- tions operations, both its regular oper- Mr. BURTON of Indiana. Mr. Chair- perts in the administration that have ations and peacekeeping. There are man, one of the things I think that looked at it carefully. One of the prob- some 40,000 employees of the United needs to be stressed is how much lems here is that the language is so money the United States is paying for broadly drawn that it includes all Nations in New York alone. Until re- U.N. operations, peacekeeping and oth- kinds of DOD costs. cently, only 40 of those people were erwise. Another problem here, Mr. Chairman, trying to oversee 17 peacekeeping mili- According to the General Accounting is we simply do not know what the tary operations with 70,000 soldiers Office, the United States paid 80 per- costs are, so we have very vague lan- around the globe, 5 days a week, 8 cent, 80 percent of the worldwide peace- guage, and the result is that U.N. hours a day. It absolutely was inept; keeping operations for the United Na- peacekeeping, our assessment, we there is some improvement, but not tions last year. Out of $3.4 billion, we would be owed money by the United nearly enough. paid, the American taxpayers ponied Nations. Fairness to the Congress, fairness up $2.7 billion. We would not pay our assessment, from the administration to the Con- And on the regular administrative other countries would note that, they gress. The administration votes for cost of the United Nations, we pay be- would not pay their assessment, and we these peacekeeping missions in the tween 25 and 33 percent. Of all the would effectively destroy U.N. peace- United Nations. We do not know in the countries in the world, we are picking keeping. Congress how much it is going to cost, H 1868 CONGRESSIONAL RECORD — HOUSE February 16, 1995 when it is going to cost it, when we are the U.N. immediately as well, because my lapel, Bangladesh, Guatemala, and going to get out, how we are going to they would say ‘‘Look what the Ameri- Nepal. Here we are right now paying get out, how we are going to pay for it. cans have done. We are in Tajikistan the full salaries, benefits, and housing They simply—the United Nations— and we are in Georgia under U.N. au- costs of the troops of these three coun- simply sends the U.S. Congress the bill, thorization. We want to be paid for tries. Yes, my colleagues we are paying after the fact. In former years it was a that.’’ with DOD dollars the benefits, the sala- fairly small amount, $40 million a year Now we would have the Saudis, the ries, and the expenses of the troops 5 years ago. Now it is $1.2 billion for Japanese, the French, the British, the from these nations in Haiti. At the 1995 plus another $672 million supple- Russians, and the Americans coming to same time that 600 troops from the mental they have just sent up here, so the United Nations telling Bangladesh Second Armored Division of Fort Hood, that is $1.8 or $1.9 billion, not counting that they owe more dues to pay us for TX, had to conduct 10 training exer- DOD expenses. That is a significant fig- our involvement in the gulf war. cises in the range walking together ure. Mr. Chairman, let us be straight pretending they were in tanks because We have to regularize this process. about it. If Members are where Con- we do not have enough money for fuel We simply cannot run the Government gress was at the end of World War I and and maintenance. in that fashion. The Congress has to be they believe we should not have been in The new slogan of that battalion of in on the operation from the outset, so the League of Nations and they believe 600 troops that used tanks in training we can plan, at least financially, how we should not be in the United Nations, is to march together and say, ‘‘Clank, to deal with it. then get up and tell us to get out of the clank, I’m a tank.’’ While we are pay- Mr. Chairman, the $672 million sup- United Nations, but do not continue to ing the full benefits of troops from plemental they have just set up for try to either hamstring the President’s Bangladesh, Nepal, and Guatemala. what the United Nations says are 1995 ability to operate within multilateral This has got to stop, Mr. Chairman, cost overruns is not offset. The admin- organizations, or bankrupt the organi- We want fairness. That is all we want. istration says ‘‘We are not going to ask zation through this budget maneuver. We are not saying pull out of the Unit- you to cut other spending, just give us Mr. BURTON of Indiana. Mr. Chair- ed Nations. We are not saying isolate out of the clear blue sky this money.’’ man, will the gentleman yield? ourselves. We are saying what our col- I say, ‘‘This must be offset. You have Mr. GEJDENSON. I am happy to leagues said. Let us have some concern to pay for it. Then we will think about yield to the gentleman from Indiana. about the taxpayers’ money. It is not a it.’’ b 1140 bottomless pit. Two billion dollars is Mr. BERMAN. Mr. Chairman, I am what we are spending. Is that enough? happy to yield 3 minutes to the gen- Mr. BURTON of Indiana. All of it or I think it is too much. tleman from Connecticut [Mr. GEJDEN- half of it or three-fourths of it, how I think the provision in the bill al- SON]. much? lows us to get a hold of the money that Mr. GEJDENSON. Mr. Chairman, I Mr. GEJDENSON. I think that the we are spending and better use those think again we have to understand the present law that we passed in the pre- dollars for American troops so that fundamental principle. What the U.N. vious year is adequate, 25 percent. I from time to time we can go together does in the post-cold-war era is carry think we are heading in the right direc- with out allies. But I really have a out American foreign policy interests. tion on our payments. But clearly it problem using American DOD dollars If it is not in America’s foreign policy should not be Bangladesh subsidizing to pay the salaries and benefits of for- interests, we use our veto to stop it. the Saudis. eign troops when we cannot even take Therefore, the choice here is we con- Mr. GILMAN. Mr. Chairman, I yield 3 care of our own readiness needs as so tinue to operate within the United Na- minutes to the distinguished gen- many of our National Security col- tions or we will end up having to do tleman from Pennsylvania [Mr. leagues mentioned today. these things unilaterally; or even WELDON], chairman of the Subcommit- I might add for the RECORD, I just worse, we will wait until a crisis in a tee on Research and Development of have to insert this letter from one of region explodes to a far greater crisis, the Committee on National Security. my constituents serving in Haiti who is to far greater costs in both human life (Mr. WELDON of Pennsylvania asked absolutely outraged at what role he is and dollars. and was given permission to revise and paying there now. Mr. Chairman, the principal impact extend his remarks.) Mr. Chairman, the letter referred to of this piece of legislation and this sec- Mr. WELDON of Pennsylvania. Mr. is as follows: tion would be that Saudi Arabia would Chairman, let us be straight with the HONORABLE CURT WELDON: I am stationed not pay its U.N. dues for the next 50 American people our colleagues. This here in Port-au-Prince Haiti, with the U.S. years. Japan, France, and the Soviet amendment is not about getting out of Army. As a local constituent I am writing Union, along with the United States, the United Nations nor is it against you concerning several issues about the would ask for additional payment from peacekeeping. It is about fairness, to armed forces and our involvement here in Bangladesh and other impoverished our taxpayers and military. Haiti. countries. We heard debate earlier today about First I would like to mention about our Think about what we are saying saving $1.5 million for a commission. military mission here in Haiti. Several of my fellow service members and I find no purpose here. These are our national policy in- Two hundred two Members, largely of in Clinton’s administration policy to terests. The President of the United the minority party, voted ‘‘yes’’ for reinstall Aristide, a communist leader, back States, President Bush, mobilizes the that huge savings in defense spending into this country. Since when do the U.S. world through the United Nations to for the readiness of our troops. We had forces work for a communist leader who has stop Saddham Hussein’s cut off of oil. a big vote on missile defense. The key always denounced the United States as evil. Because it is a United Nations oper- issue was savings. This year we are A leader who has stolen tens-of-millions of ation, rather than an American unilat- spending almost $2 billion of American dollars from his citizens, which the U.S. tax eral operation, we are able to get the taxpayer money on the United Nations payers may have to pay back to the people of Haiti. This also does not include the enor- Saudis and the Japanese and others to and its operations around the world, $2 mous expenses of this entire military oper- pay for the major portion of this activ- billion. We simply want to have some ation, to the American tax payers to which ity. accounting and we want to have some there will be no benefits. Now, since this Now we would all go back to the credit for what we put in. military operation is done and over with, United Nations and ask the most im- Let me use Haiti as an example. We and our mission of restoring Aristide fin- poverished countries of the world to had no debate before our troops were ished, we all should be getting back home. pay for our military action, to protect committed to Haiti, I might add, not 1 But, now due to the effort of the United Na- the West’s oil supplies. minute of debate on this floor before tions and the Joint Staff Commanders, sev- eral thousand U.S. service members are stay- Mr. Chairman, it would not just stop the troops went in. Yet we have in fact ing and we shouldn’t be. Staying because the with the French and the British and spent $1.5 billion of American tax- United Nations and the Joint Task Force the Americans and the Japanese and payers’ money. Even more outrageous commanders say they need us. This country the Saudis. The Russians would be at and the purpose of the three flags in is now safer to walk the streets than most February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1869 cities back in the states. The Joint Task than to have all U.S. soldiers, because a stark choice, intervene unilaterally Forces, under the United Nations are fully this bill provides us with an unfortu- or do nothing at all. capable of keeping the peace here. What my nate option. We either go it alone or do Mr. Chairman, the fundamental prob- fellow service members and I want to know not go at all. We have got interests from you, is what are you doing to end Clin- lem with the measure as it is written is ton’s U.S. involvement here in Haiti. And to that mean we have to go. I submit we that it presents a false tradeoff, fulfill- keep future U.S. forces out of the control of are better off if we go with others. ing our collective security obligations the United Nations. Mr. GILMAN. Mr. Chairman, I yield 2 versus maintaining the readiness of our Mr. BERMAN. Mr. Chairman, I yield minutes to the gentleman from Ne- Armed Forces. In reality, as a practical myself 30 seconds. braska [Mr. BEREUTER], the chairman matter, they are two sides of the same When the gentleman talks about of our Subcommittee on Asia and the coin. Haiti, he talks about a United States Pacific. By leveraging our forces through the decision that we went to the United (Mr. BEREUTER asked and was United Nations, we ease the demands Nations and obtained authorization for given permission to revise and extend on our Armed Forces in the same way under chapter 7. It is an incremental his remarks.) a high state of readiness bolsters the cost. There is nothing in 501 that would Mr. BEREUTER. Mr. Chairman, a lot credibility of a collective security sys- do anything about who pays for that. has been said about this subject and I tem. But trying to maintain a high What would happen is every dollar of think there may be some confusion, state of readiness when we are con- that would deduct and wipe out the but I hope some Members focused on strained to unilateral action is simply peacekeeping costs for every regularly the remarks of the gentleman from In- untenable. assessed operation which we supported diana [Mr. BURTON] a few minutes ago In the period between the wars, we when he said that recently the United in the United Nations. had neither an adequate state of readi- States, when you consider all costs, Mr. Chairman, I yield 2 minutes to ness nor credible collective security. was paying over 80 percent of the the gentleman from Maryland [Mr. The result was unprecedented global peacekeeping operations of the United WYNN]. disaster. Mr. WYNN. I thank the gentleman Nations. It is incredible. What I am suggesting and what I was from California for yielding me the b 1150 able to do in the committee is to as- time. It was in that period that arch-isola- Mr. Chairman, it is time we accept sure that at least incremental costs are to be offset. We have a tremendous ex- tionist, Arthur Vandenberg, was trans- the reality. We are a world power. We penditure of funds. formed into one of the most formidable are a world power. We defeated com- We have an important role to play in advocates of collective security munism, and no, we cannot expect peacekeeping. But as I suggested to the through the United Nations. Today we Nepal and Bangladesh to pay the same Secretary of State when he appeared discard the lessons we learned at our amount of money that we do. Yes, we before us, the status quo is not accept- great peril. The conflicts, no matter are going to have to take the leader- able. We have to have some changes in where they are, no matter how distant, ship, and part of that burden means we the way our assessments are cal- left unattended can affect us all. are going to have to pay more. culated. John Dunne was absolutely right. But, Mr. Chairman, I would submit Mr. Chairman, I would be absolutely The bill’s greatest flaw is that it fails that this is a very wise investment, convinced that even though our peace- to recognize that U.N. peacekeeping which is why I believe this bill is mis- keeping assessment is 30.7 percent, and promotes our national interests. taken when it attempts to undermine even though the last Congress said by Arthur Vandenberg said it best. Let funding for U.N. peacekeeping activi- resolution that we are going to reduce me just share this observation from ties. The point I am trying to make is it to 25 percent, supporters of the Unit- him. that we have very legitimate and vital ed Nations, perhaps even the Clinton Much as we might crave the easier way of national interests which are protected administration, will come to us later by U.N. peacekeeping. lesser responsibility, we are denied this this year and say again next year, and privilege. We cannot turn back the clock. We What are our interests? We have an perhaps next year, ‘‘You are in arrear- cannot fail by the old and easier charts. That interest in the global marketplace, age,’’ even though we had expressed has been determined for us by the march of that markets are allowed to thrive and our clear intent to pay no more than 25 events. We have no choice as to whether we not be disrupted by localized aggres- percent. shall play a great part in the world. We have sion and by petty dictators. We do not That is a very generous share, be- to play that part. We have to play it in sheer want to set the precedent that might cause when we consider all of our other defense of our own self-interest. All that we makes right. We do not want to see our can decide is whether we shall play it well or calculated costs, incremental costs and ill. markets disrupted by petty dictators. others, we are paying far, far beyond 25 We want to have the ability to work percent. We are paying more than 50 Mr. GILMAN. Mr. Chairman, I yield collectively within the world commu- percent. Recently we paid 80 percent. I myself 2 minutes. nity to thwart these kinds of efforts. think it should be clear to our col- Mr. Chairman, I rise in opposition to We have an interest in oil. Our recent leagues that we can ask for some dif- the Berman amendment. It fails the efforts in Desert Storm magnify the ferent procedures to be established minimal truth-in-labeling standard re- fact that we need to work collectively when it comes to our contributions to quired for any provision that calls it- and we need to have the resources of peacekeeping. self a credit against our peacekeeping other countries join with ours to fight I urge opposition to the amendment. assessment. to help protect our specific interests. Mr. BERMAN. Mr. Chairman, I yield After all the exemptions in this We have a very important interest, 21⁄2 minutes to the gentleman from amendment are added up, the U.S. tax- Mr. Chairman, in fighting terrorism Ohio [Mr. SAWYER]. payer will still be paying roughly the internationally. With the exception of Mr. SAWYER. Mr. Chairman, I thank same amount for U.N. peacekeeping. the very unfortunate bombing in New the gentleman from California for his Our legislation merely seeks to get a York, we have had the good fortune of allowance of time. handle on our spiraling direct and indi- not having very much terrorism on our Make no mistake about it. Title V is rect costs for peacekeeping which shores. It is better, I submit, to fight a gilt-edged, hand-engraved invitation amounted to some $2.8 billion last terrorism on other shores in a preemp- to adventurism. It would effectively year. Our bill provides that a portion tive manner rather than have it come end U.N. peacekeeping with cata- or our unreimbursed Defense Depart- to this country. strophic consequences. It would be an ment expenditures in support of peace- What does this have to do with U.N. open invitation to would-be aggressors keeping will be deducted from our U.N. burdensharing? The gentleman was and rogue states all around the world. assessment. saying that we are paying for Napalese Wars and conflicts with all their suffer- What we are now considering in this soldiers. I would submit that is prob- ing and chaos would multiply. Gorazde amendment is a so-called credit that ably a wise investment. Better to have and Sarajevo would be just a hint of has so many loopholes that virtually other soldiers involved in the fight things to come. We would be left with every peacekeeping mission we support H 1870 CONGRESSIONAL RECORD — HOUSE February 16, 1995 in the world today would be exempted. the Subcommittee on Procurement of think that we can accept no less from It guts the provisions now in the bin. the Committee on National Security. the United Nations. Adopting this amendment would Mr. HUNTER. Mr. Chairman, I thank I believe we have the right and in- move us further from our goal of get- the chairman of the committee for deed the obligation to require the Unit- ting credit for the rapidly escalating yielding me the time and for his great ed Nations to do this, because the indirect costs—$1.7 billion at last work. American taxpayer provides it with a count—of DOD support for U.N. peace- My colleagues, let us look at this quarter of its $1 billion plus budget. keeping. Accordingly, I urge my col- part of the Contract With America for When we add in peacekeeping, as the leagues to defeat this amendment. what it is. This is a taxpayers’ credit, gentleman from New York [Mr. GIL- This amendment does not in any and here is what it says: It says if you MAN] has already said, $2.8 billion, we manner end our support for U.N. peace- have U.N. operation going on, and we are already at $3 billion plus. That is keeping. It does undertake a modest are paying almost 30 percent of that, or too much money, and as the largest first step in ensuring that we get credit almost a third of that, we are helping donor we are the only country capable for all of our direct and indirect sup- the U.N. operation. We may be under- of effecting positive change at the port for any U.N. peacekeeping oper- taking at the same time an American United Nations. ations. airlift that we are paying entirely out Mr. GILMAN. Mr. Chairman, will the I urge my colleagues to delay the of U.S. taxpayer funds. We have under- gentleman yield? Berman amendment. taken this airlift in Bosnia now longer Mr. BERMAN. Mr. Chairman, I yield than the Berlin airlift, and all we are Mr. SAM JOHNSON of Texas. I yield myself the remainder of our time. saying is that we would like to get a to the gentleman from New York. The CHAIRMAN. The gentleman little credit for this in-kind contribu- Mr. GILMAN. Mr. Chairman, the gen- tleman from Texas [Mr. SAM JOHNSON] from California is recognized for 21⁄2 tion. minutes. We spent about $1.4 billion in DOD certainly raises a pertinent point on Mr. BERMAN. Mr. Chairman, to try airlifts and incremental costs, and at the issue of the U.S. contribution to to put the debate in perspective of the worst case, if the President exercises the U.N. regular budget, and I share language in section 501, if 501 had been his exemptions, the U.S. taxpayers are the gentleman’s concerns about the in place in 1990, $60 billion that we only going to the credited for about level of our contributions, particularly spent in incremental costs on Desert $240 million out of the fiscal year 1994 in light of the poor management prac- Storm, $60 billion that was authorized incremental costs for peacekeeping re- tices and inefficiencies that have been by the United Nations because we went quirements, we are only getting a cred- characterizing the U.N. organization. to the United Nations and got them to it of 240 million. The gentleman from And I can assure the gentleman from authorize it, would have been deducted California [Mr. BERMAN] wants to cut Texas that our International Relations and wiped out every peacekeeping cost the $240 million credit down lower. Committee will continue to press for for the next 50 years, even though the The U.S. taxpayers have a right to reforms and hold the United Nations to vast majority of that money was reim- get this tax credit. They are paying no real growth in their budgets. bursed by other countries. two ways. They are paying through the If the gentleman is willing, I would This inflexible, silly language makes United Nations and they are also pay- be pleased to work with him on this no provision for costs that are reim- ing for U.S. unilateral actions. issue as part of the State Department bursed for other countries that have to Please reject the Berman amendment authorization process. Our Committee be reimbursed for the United States. or we are going to water this doggone on International Relations will be con- Second, yes, we can construe U.N.- thing down to the point where U.S. tax- sidering the authorization for the authorized operations and attribute payers do not get any credit at all for State Department for fiscal years 1996 percent of the costs. It does not cover American unilateral actions carried and 1997 in the next few months, and what is wiped out. You have wiped out out by DOD. this is a bill that authorizes the fund- U.N.-assessed costs where after this fis- Please vote ‘‘no’’ on the Berman ing for the United Nations and the cal year we will only pay 25 percent. amendment. international organizations. The other costs are operations we want The CHAIRMAN. All time has ex- to help ourselves diplomatically, po- pired. b 1200 litically, and militarily in terms of en- The question is on the modified forcing embargoes we got the United amendment offered by the gentleman I am certain our Members would wel- Nations to authorize so other countries from California [Mr. BERMAN]. come the views of the gentleman from would help us, help us. Penny-wise, The modified amendment was re- Texas [Mr. SAM JOHNSON] on the U.S. pound-foolish, this amendment. jected. contribution to the U.N. budget, so we Finally, to remind Members, nothing The CHAIRMAN. Under a previous would look forward to being of assist- is undertaken by the United Nations order of the House, it is now in order to ance to you in addressing your con- unless the United States decides it. If consider an amendment by the gen- cerns and interest in the U.N. regular we do not like a specific U.N. oper- tleman from Texas [Mr. SAM JOHNSON]. budget consideration. ation, whether it is Somalia or Haiti, Mr. SAM JOHNSON of Texas. Mr. Mr. SAM JOHNSON of Texas. I thank fight on that issue. Do no wipe out all Chairman, I move to strike the last the Chairman. I appreciate him yield- of the good because of one thing you do word. ing time to me to discuss this, and I not like. Mr. Chairman, the gentleman from will take the chairman’s suggestion It is the end of the cold war. We are New York [Mr. GILMAN] and others and not offer the amendment today but at a point where America’s security en- have talked about the costs of the will, instead, bring it up at the appro- vironment is more complicated than United Nations, but what has not been priate time, which will be during the ever, and we are asked with this lan- talked about is we are talking about State Department authorization proc- guage in 501 to choose isolationism. percentages, 25 percent of an already ess. This so-called National Security Re- bloated budget. They are not cutting The CHAIRMAN. Under a previous vitalization Act is billed as a cost-sav- back on their costs, they are not ad- order of the House, it is now in order to ing move to limit foreign adventurism, dressing budget reductions. consider the amendment of the gen- but its effect would be to undermine I had planned to offer an amendment tleman from Ohio [Mr. TRAFICANT]. our national security by gutting our which would have placed a monetary ability to use the United Nations as a cap of $250 million for the U.S. con- AMENDMENT OFFERED BY MR. TRAFICANT tool to pursue U.S. interests. tribution to the United Nations. Here Mr. TRAFICANT. Mr. Chairman, I Vote for the amendment. Defeat the at home we are making painful budget offer an amendment. bill. H.R. 501 is wrong. cuts, we are eliminating wasteful The CHAIRMAN. The Clerk will des- Mr. GILMAN. Mr. Chairman, I am spending and abolishing unnecessary ignate the amendment. pleased to yield the balance of our time bureaucracies. The taxpayers have in- The text of the amendment is as fol- to the gentleman from California [Mr. sisted that we change the way we do lows: HUNTER], the distinguished chairman of business here in Washington, and I Amendment offered by Mr. TRAFICANT: February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1871 Page 53, beginning on line 15, strike out ‘‘25 out what they are spending and say, it reports to Congress on the reasons percent’’ and insert ‘‘20 percent’’. ‘‘Mr. President, we are approaching 20 for our increased financial support. Page 53, line 18, strike out ‘‘25 percent’’ percent. Now, we have got to send it to I would like to commend the gen- and insert ‘‘20 percent’’. Page 53, line 21, after ‘‘the United States.’’ the Congress, notify them we are going tleman for offering this amendment insert the following new sentences: to use the full 5.’’ and the majority accepts the Congress- For any United Nations peacekeeping oper- Mr. Chairman, I reserve the balance man’s amendment. ation that is initially authorized by the of my time. Mr. Chairman, I yield back the bal- United Nations Security Council before the The CHAIRMAN. Does any Member ance of my time. date of the enactment of this section, the ap- seek time in opposition? The CHAIRMAN. The question is on plicable percentages under the preceding Mr. GILMAN. Mr. Chairman, I seek the amendment offered by the gen- sentence shall be 25 percent. For United Na- tleman from Ohio [Mr. TRAFICANT]. tions peacekeeping operations that are ini- the time. tially authorized by the United Nations Se- The CHAIRMAN. The Chair recog- The amendment was agreed to. curity Council on or after the date of the en- nizes the gentleman from New York The CHAIRMAN. Under a previous actment of this section, the President may [Mr. GILMAN] for 5 minutes. order of the House, it is now in order to increase the percentage limitations under Mr. GILMAN. Mr. Chairman, I yield 1 consider the amendment of the gen- the first sentence of this subsection to a per- minute to the gentleman from Wiscon- tleman from Illinois [Mr. DURBIN]. centage not greater than 25 percent. The President may exercise the authority under sin [Mr. ROTH]. AMENDMENT OFFERED BY MR. DURBIN the preceding sentence only after transmit- Mr. ROTH. I thank the gentleman for Mr. DURBIN. Mr. Chairman, I offer ting to Congress a report providing notice of yielding me this time. an amendment. the percentage increase under the preceding Mr. Chairman, I want to say to the The CHAIRMAN. The Clerk will des- sentence and a statement of the reasons for gentleman from Ohio [Mr. TRAFICANT], ignate the amendment. the increase. ‘‘You are right on target.’’ I support The text of the amendment is as fol- The CHAIRMAN. The gentleman this amendment. lows: from Ohio [Mr. TRAFICANT] will be rec- This amendment further reduces the Amendment offered by Mr. DURBIN: Page ognized for 21⁄2 minutes, and a Member cap of the U.S. share of U.N. peace- 63, line 4, strike ‘‘In particular,’’ and insert opposed will be recognized for 21⁄2 min- keeping from 25 to 20 percent, and ‘‘Numerous Central and East European coun- utes. when you see what is taking place in tries, particularly’’ The Chair recognizes the gentleman our country, you are right on target. It Page 63, line 5, insert a comma after ‘‘Slo- from Ohio [Mr. TRAFICANT]. permits two exceptions, I think, that vakia’’ Page 66, after line 12, insert the following Mr. TRAFICANT. Mr. Chairman, I the Members should know. It grand- yield myself such time as I may few paragraphs (and redesignate the succeed- fathers existing operations and it per- ing paragraphs accordingly): consume. mits the President the flexibility of in- (7) that, when any other European country I listened very carefully during this creasing it to 25 percent where he be- emerging from communist domination is in debate. lieves it is necessary. a position to further the principles of the I would just like to offer my little as- This is a very well thought out North Atlantic Treaty and to contribute to sessment. I think the American people amendment, and the value of this the security of the North Atlantic area, it should, in accordance with Article 10 of such are fed up, fed up knowing that Uncle amendment is that it makes it clear a Sam has become the policeman for the Treaty, be invited to become a full NATO congressional policy is in order that member, provided it— entire world. But what they are really the U.S. taxpayer should not be paying galled about is Uncle Sam then sticks (A) meets appropriate standards, including more than 20 percent of the tab. It is each of the standards specified in clauses (i) around and organizes a neighborhood time to ensure that the U.S. taxpayer through (vii) of paragraph (5)(A); and crime watch everywhere around the is no longer fleeced. (B) remains committed to protecting the planet. I want to thank the gentleman from rights of all its citizens and respecting the We happen to have 25,000 murders a Ohio for pointing that out. Eighty per- territorial integrity of its neighbors; year in America. Now, I know that is (8) that the United States, other NATO not germane to this debate. There are cent of the tab, like the Clinton admin- member nations, and NATO itself should fur- 25,000 murders, it is approaching, a istration paid last year, is grossly un- nish appropriate assistance to facilitate the year in America and everybody is talk- fair to the American taxpayer, and this transition of other European countries ing about the borders overseas, con- is a fair amendment. It is a just amend- emerging from communist domination to ment, and it deserves the support of full NATO membership at the appropriate trolling borders and patrolling and time. helping foreign nations. this House. Mr. TRAFICANT. Mr. Chairman, I Page 67, line 8, strike the semicolon and in- Somebody better take a look at our sert ‘‘including Russia, and’’ borders. yield the remainder of my time to the Page 67, strike line 10, beginning on line 11, The bill sets a cap of 25 percent for gentleman from Tennessee [Mr. DUN- strike ‘‘cooperation’’ and beginning on line U.N. peacekeeping operations, our CAN]. 12, strike ‘‘including the Organization on Se- share. The Traficant amendment says Mr. DUNCAN. I rise in support of this curity and Cooperation in Europe, and’’ and that it shall be a 20-percent cap as a amendment. A few months ago the insert a period. target, and the President can go to the front page of the Washington Post said Page 67, strike line 14 and all that follows we had our troops in Haiti picking up through line 21 25 percent, but he must notify the Con- (8) that the United States, other NATO gress that they have reached 20 percent garbage and settling domestic disputes. member nations, and NATO itself should fur- expenditure, and he is going to increase Those should not be the mission of the nish appropriate assistance to facilitate the it and give us the reasons why the American military, yet those are the transition of other European countries President wants those additional mon- kinds of things we are doing in these emerging from communist domination to eys. peacekeeping operations. full NATO membership at the appropriate Now, I have heard everybody saying I support the amendment. time; we are a world power. Ladies and gen- Mr. GILMAN. Mr. Chairman, I yield Page 67, line 8, strike the semicolon and in- tleman, we are an almost bankrupt myself such time as I may consume. sert ‘‘, including Russia, and’’ Page 67, strike line 10, beginning on line 11, world power, and a bankrupt America Mr. Chairman, I rise in support of strike ‘‘cooperation’’, and beginning on line does not have much world power in the this amendment which I believe is in 12, strike ‘‘including the Organization on Se- future. So I do not want the Contract keeping with the other provisions of curity and Cooperation in Europe, and’’ and With America to accept the Traficant this title providing greater scrutiny insert a period. amendment, go to conference, and and congressional oversight of the Page 67, strike line 14 and all that follows throw it out. funding of U.N. peacekeeping oper- through line 21. I want to take another second to ex- ations. This amendment would estab- The CHAIRMAN. Under a previous plain it. The Traficant amendment lish a 20-percent assessment for new order of the House, the gentleman from says that somebody in the White House peacekeeping operations which the ad- Illinois [Mr. DURBIN] will be recognized or the Pentagon has to get out an add- ministration could raise up to the pre- for 5 minutes, and a Member opposed ing machine or a calculator and figure vailing level of 25 percent to the extent will be recognized for 5 minutes. H 1872 CONGRESSIONAL RECORD — HOUSE February 16, 1995 The Chair recognizes the gentleman Coalition which consists of those matters. This is a message we surely do not from Illinois [Mr. DURBIN]. prominent organizations that represent mean and one we cannot risk sending. It Mr. DURBIN. Mr. Chairman, I yield Americans of East European lineage. threatens to destabilize this region through the myself such time as I may consume. That coalition has reportedly ob- implication that NATO expansion would be I would like to say at the outset I tained the approval of Baltic-Ameri- limited to the four named countries, Poland, want to express my appreciation to the cans, Ukrainian-Americans, Armenian- Hungary, the Czech Republic, and Slovakia. chairman, the gentleman from New Americans, Hungarian-Americans, Certainly we should not imply that consider- York [Mr. GILMAN], as well as the rank- Czech-Americans, Polish-Americans, ation of NATO membership will be limited to ing member, the gentleman from Indi- and others for this amendment as in- just these four countries. When the Baltic ana [Mr. HAMILTON], who have cooper- troduced. states or Ukraine meet the appropriate re- ated in the reparation of this amend- I would also like to note the amend- quirements they should be permitted to, at the ment. ment includes language urging other least, be considered for NATO membership. Let me try to describe this amend- NATO nations to furnish appropriate The Durbin amendment resolves this prob- ment in very express and succinct assistance to facilitate the transition lem in a fair and suitable manner. This lan- terms. This bill envisions the possibil- of these countries to NATO member- guage making numerous Central and Eastern ity that NATO will be expanded in the ship. This is a key point. The U.S. can- European countries eligible for consideration future. The North American Treaty Or- not be the sole source of assistance for in future NATO expansion extends the same ganization, which has been the bedrock these countries. criteria for NATO integration to all the nations of democracy in Europe since World This amendment also deletes lan- of Central and Eastern Europe. I support this War II, has been a major factor in guage in the bill that has been inter- amendment and urge my colleagues to do so American foreign policy. preted—I am certain, inadvertently—as as well. Many countries which were not mem- giving Russia a veto over NATO expan- The CHAIRMAN. The question is on bers of NATO after World War II were sion in Central and Eastern Europe. the amendment offered by the gen- under Communist domination and were I urge my colleagues to support the tleman from Illinois [Mr. DURBIN]. thereby precluded from participation. amendment. The amendment was agreed to. Now that we have seen the elimination Mr. Chairman, I reserve the balance of the Soviet Union per se and the of my time. b 1410 emergence of new countries in the re- Mr. DURBIN. Mr. Chairman, I yield gion, many of them new democracies, myself such time as I may consume. The CHAIRMAN. Under a previous we are envisioning the possibility that Mr. Chairman, I am not going to take order of the House, it is now in order to NATO in the future will embrace these further time. I understand there are consider the amendment of the gen- same democracies. other amendments and other debates tleman from Virginia [Mr. BATEMAN]. The bill is express in its terms and that need to be considered. AMENDMENT OFFERED BY MR. BATEMAN suggests that we should consider en- I certainly thank my colleague, the Mr. BATEMAN. Mr. Chairman, I offer larging NATO to include Poland, Hun- gentleman from New York, He has been an amendment. gary, the Czech Republic, and Slo- a pleasure to work with, on a very im- vakia. I have absolutely no objection portant issue. I also want to salute the The CHAIRMAN. The Clerk will des- to that, and feel they are appropriate gentleman from Michigan [Mr. ignate the amendment. The text of the amendment is as fol- candidates to be considered for NATO. KNOLLENBERG] and the gentleman from Unfortunately, the bill does not list Ohio [Mr. HOKE], who share our feelings lows: many other nations which were for- on this important issue, as well as my Amendment offered by Mr. BATEMAN: Page merly under Communist domination, colleague from Chicago, the gentleman 74, after line 16, strike all through line 20; Redesignate current paragraph (B) as the and I think immediately, but not ex- from Illinois [Mr. LIPINSKI], who is a (A); Add after (A) the following new para- clusively, about the Baltic States, Es- cosponsor of this amendment. graph (B): tonia, Latvia, Lithuania, and Ukraine. Mr. Chairman, I yield back the bal- (B) certain countries that were a part of What my amendment does is to open ance of my time. the former Union of Soviet Socialist Repub- the possibility, the potentiality, that Mr. GILMAN. Mr. Chairman, I yield lics or that were part of the former Socialist other formerly Communist-dominated back the balance of my time. Federal Republic of Yugoslavia, which the nations will also be considered for Mr. KNOLLENBERG. I rise to express my President may designate pursuant to Section NATO membership. strong support for the amendment offered by 203(d)(2) of the NATO Participation Act of This a great boost to these countries Mr. DURBIN to include other European coun- 1994. to know that they, too, are considered tries along with Poland, Hungary, the Czech The CHAIRMAN. Under a previous potential allies of the United States Republic, and Slovakia, for NATO membership order of the House, the gentleman from and all freedom-loving nations. in the future. Virginia [Mr. BATEMAN] will be recog- Mr. Chairman, I reserve the balance In particular I support restoring the eligibility nized for 11⁄2 minutes, and a Member of my time. of the Baltic states of Estonia, Latvia, and Lith- opposed will be recognized for 11⁄2 min- Mr. GILMAN. Mr. Chairman, I claim uania, as well as Ukraine to join NATO when utes. the other 5 minutes. they are able to meet the necessary require- The Chair recognizes the gentleman The CHAIRMAN. The Chair recog- ments. from Virginia [Mr. BATEMAN]. nizes the gentleman from New York Since their independence from the Soviet Mr. BATEMAN. Mr. Chairman, I [Mr. GILMAN] for 5 minutes. Union, these nations have been working dili- yield myself such time as I may Mr. GILMAN. Mr. Chairman, I yield gently to rebuild internally and establish demo- consume. Mr. Chairman, in the bill as myself such time as I may consume. cratic and free governments. By reaching out it comes to the floor, there are terms Mr. Chairman, I rise in strong sup- to the West, the Baltic states have been striv- within the bill, or a phrase, ‘‘certain port of the amendment offered by Mr. ing to develop peaceful relations throughout other European countries emerging DURBIN which amends title VI regard- the global community. from communist domination.’’ In a sec- ing NATO. Lithuania, Latvia, Estonia, and Ukraine can- tion of the bill thereafter this phrase is This amendment makes clear that not ignore their neighbor to the east, the Rus- defined legislatively. The legislative there are a number of Central Euro- sian Federation. We too cannot help but real- definition now in the bill is written so pean countries beyond the Visegrad ize that Russia continues to present a poten- as to make eligible for participation in Four which should, at some point, be in tial threat to these countries. Certainly we all programs that bring additional coun- a position to become full NATO mem- can see that the instability and actions of Rus- tries into NATO, territories of the bers. I believe this is a very useful ad- sia have heightened tensions within its neigh- former Soviet Union and territories of dition to the bill. bors who remember all too clearly the history the former Federal Socialist Republic As I understand it, this is a consen- of the past 70 years. of Yugoslavia. sus amendment worked out by the gen- In its current form H.R. 7 sends a message My amendment changes that defini- tleman from Illinois in cooperation to these nations of Central and Eastern Eu- tion of that phrase, ‘‘certain European with the Central and East European rope that they are on their own in security countries which have emerged from February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1873 communist domination.’’ But the na- admission of Slovenia to NATO membership him on his work. It has indeed taken ture of the amendment makes no sub- without specifically mentioning that country by care of some clarification both with re- stantive difference in the bill. What it name. spect to the Soviet Union and the So- does do, however, is to remove that Slovenia clearly deserves equal standing cialist Republic of Yugoslavia. I thank blanket invitation to have someone with the other countries already named in the the gentleman for his work, it is very possibly construe this that we are pending bill and merits membership on a full fine work. thinking in terms of countries as re- equality basis in NATO, because Slovenia ob- I hope we can support it. mote from NATO as Kazakhstan or viously has taken its place in the family of na- The CHAIRMAN. All time has ex- Azerbaijan or Armenia or Turkistan, tions as a democratic, free market-based, pired. which I do not think anyone really privatized economy. In a December 1990 The question is on the amendment contemplates is what we have in mind. plebiscite, Slovenes voted 96 percent for inde- offered by the gentleman from Virginia Similarly, if you say all of the former pendence from what was then Yugoslavia. [Mr. BATEMAN]. territories of the Federal Socialist Re- That plebiscite directed the Slovene Par- The amendment was agreed to. public of Yugoslavia—— liament to craft a constitution, based on demo- The CHAIRMAN. Under a previous The CHAIRMAN. The time of the cratic, representative, government principles order of the House of today, it is now gentleman from Virginia [Mr. BATE- and set June 26, 1991, as the date on which in order to consider the amendment of MAN] has expired. independence from Yugoslavia should be for- the gentleman from New Jersey [Mr. Mr. BATEMAN. Mr. Chairman, I ask mally declared. TORRICELLI]. unanimous consent for 2 additional Those directives were carried out by the minutes. Slovene Parliament, independence was de- AMENDMENT OFFERED BY MR. TORRICELLI The CHAIRMAN. The Committee is clared; the Yugoslav army invade Slovenia to Mr. TORRICELLI. Mr. Chairman, I under a unanimous-consent agreement stifle independence, but, after a 9-day military offer an amendment. of the House where it is not in order to confrontation with minimal loss of life, the The CHAIRMAN. The Clerk will des- ask for additional minutes. Yugoslav army retreated and the Slovene peo- ignate the amendment. If the gentleman from New York [Mr. ple prevailed. The United States formally rec- The text of the amendment is as fol- GILMAN] would like to control the ognized the Republic of Slovenia on April 7, lows: time, he can yield. 1992. Amendment offered by Mr. TORRICELLI: Mr. GILMAN. Mr. Chairman, I would Immediately upon the successful establish- Page 68, line 4, strike out ‘‘shall’’ and insert be pleased to yield 11⁄2 minutes to the ment of its independence, the Slovene Gov- ‘‘may.’’ gentleman from Virginia. ernment began a very intensive privatization of The CHAIRMAN. Under a previous Mr. Chairman, will the gentleman its national economy, much of which already order of the House, the gentleman from yield? was operating on a market basis. New Jersey [Mr. TORRICELLI] will be Mr. BATEMAN. I yield to the gen- In January 1993, an international trade jour- recognized for 22 minutes, and an oppo- tleman from New York. nal, International Trade Reporter, said this nent will be recognized for 22 minutes. Mr. GILMAN. Mr. Chairman, I rise in about Slovenia: ``Of all the countries of east- The Chair recognizes the gentleman strong support of the gentleman’s ern Europe, Slovenia has the best pre- from New Jersey [Mr. TORRICELLI]. amendment. conditions for the transition to a market econ- Mr. TORRICELLI. Mr. Chairman, I I believe it helps to clarify the fact omy and a fast start toward dynamic economic yield myself such time as I may that the President has the discretion development.'' consume. to identify certain countries in the Now, a fully privatized economy, Slovenia is Mr. Chairman, never in my memory former Soviet Union and in the former the 20th largest exporter in the world, export- has a more simple amendment been Yugoslavia which may be eligible for ing over $7 billion in goods each year, which brought before this institution. It assistance. accounts for 60 percent of Slovenia's GNP. hangs largely on one word, ‘‘may’’ the Some countries may be designated in Slovenia now enjoys a lively trade with the United States establish the new mili- those regions. Others may not. It’s the United States, shipping $229 million worth of tary aid program and expansion of for- President’s decision. goods to the United States each year and im- eign aid in eastern Europe, or ‘‘shall’’ I urge my colleague to support Mr. porting some $180 in United States goods an- it do so? Is it mandatory? BATEMAN’s amendment. nually. In my memory of this institution, I Mr. BATEMAN. Mr. Chairman, it is However, for Slovenes, these are not sur- have never known this Congress in its my understanding it is also acceptable prising numbers. Prior to separation from the enthusiasm for foreign aid to mandate by the gentleman from Indiana [Mr. former Yugoslavia, Slovenia, with a population an expansion of that program to other HAMILTON], the ranking member of the of 2.4 million, just over 8 percent of the total countries. But indeed, unless my full committee. population of the former Yugoslavia, rep- amendment is accepted, that is exactly Mr. OBERSTAR. Mr. Chairman, will resented 40 percent of former Yugoslavia's what we will do today: Add 4 countries the gentleman yield? overall GNP and 36 percent of its total tax in eastern Europe on a mandatory Mr. BATEMAN. I yield to the gen- base. Slovenes are industrious, hard working, basis, requiring military aid. tleman from Minnesota. committed to democratic principles and a vig- Now, I know this is a large institu- (Mr. OBERSTAR asked and was given orous market economy. They deserve to have tion and we represent very different permission to revise and extend his re- their rightful place in the family of nations and, districts with different electoral expe- marks.) should they choose to do so, a seat in NATO riences. But I cannot believe that any- Mr. OBERSTAR. I thank the gen- and in the Western European Alliance. one in this institution feels that it is a tleman for yielding. Not only would such status be emphatically mandate from their constituents in the Mr. Chairman, I just wanted to make embraced by the Slovene Government and its second month of this new Congress as a sure this language does not preclude people, but it would also fill with pride the matter of the highest priority to come the possibility of a country like Slove- three-quarter million or so of Americans of here to this floor to expand foreign aid. nia, which is independent, has a Slovene descent, including me, who are scat- I do not think anybody knew it was in privatized economy, had had successful tered throughout nearly every one of these the contract. I do not think anyone free democratic elections, from joining, United States. would have been for it if they did. having the same status as the already Mr. BATEMAN. Mr. Chairman, I But you have got one opportunity to named countries in the legislation. would say to the gentleman he is cor- take it out today; change the word Mr. Chairman, I greatly appreciate the posi- rect. It is written so as not to exclude ‘‘shall’’ expand foreign aid to ‘‘may,’’ tive response of the gentleman from Virginia the possibility of Slovenia. based on the judgment of the adminis- [Mr. BATEMAN], as well as the concurrence and Mr. BEREUTER. Mr. Chairman, will tration. affirmation by the chairman of the Committee the gentleman yield? Now, I know that the intentions of on International Relations, Mr. GILMAN, that Mr. BATEMAN. I yield to the gen- the authors of the legislation are the amendment of the gentleman from Virginia tleman from Nebraska. sound, to bring into the western alli- and the amendment of the gentleman from Illi- Mr. BEREUTER. I thank the gen- ance for security purposes the nations nois [Mr. DURBIN], clearly open the door for tleman for yielding, and I commend of eastern Europe. H 1874 CONGRESSIONAL RECORD — HOUSE February 16, 1995 And indeed under the Partnership for decreasing their defense spending? democracy and market economy by Peace, $100 million has already been With all due respect, Mr. Chairman, many in the region. authorized to work with eastern Eu- who is doing the thinking here? This The Clinton administration, like the rope nations so that one day they cannot make any sense. administration before it, the Bush ad- might coordinate their defense policies Let us work together with the ad- ministration, has been slow to move to and perhaps eventually enter NATO. ministration to determine whether or fill this vacuum. Mr. Chairman, this But this is beyond coordinating de- not they are making progress, and they has been a source of great consterna- fense programs. This is providing di- should be brought into the program. tion to the emerging democracies in rect assistance. There are times, Mr. Chairman, when the region who rightly view it as a Now, the authors may claim that the this Congress feels so strongly and the source of potential instability. $100 million of the Partnership for merits are so overwhelming for foreign I think my colleagues would agree Peace can be used to fund this new for- assistance programs in our security that the Partnership for Peace initia- eign aid program. But indeed there is needs that this Congress should man- tive launched a year ago has failed to no reason to believe that this money date, and we do, for Israel, for Egypt. fill this void. By making the program would be sufficient. It is already being But if I might paraphrase the words of mandatory, as we do in title 6, we are used with other nations. It may al- former Senator Bentsen, Slovakia is no ensuring that the job gets done. I ready be entirely consumed. Israel. There is no need at this point to would urge my colleagues to read the The simple truth is that if we vote to write into the law this which in my legislation. The legislation clearly expand this foreign aid program, that states that the program is to assist in money either has to come from with- judgment is the largest expansion in terms of naming the countries involved the transition to full NATO member- drawing other eastern European na- ship of Poland, Hungary, the Czech Re- tions from the Partnership for Peace, with American foreign aid in my mem- ory. public, Slovakia, and any other Euro- coming back to expand overall foreign pean country emerging from Com- aid money, or taking it from current I cannot believe that any Member of this institution wants to go home this munist domination that is designated recipients, most notably the biggest re- by the President, and so on and so cipients, the Russian program, the Is- evening, meet their constituents on the streets and say to them, ‘‘You can be forth. raeli program, or the Egyptian pro- The amendment offered by the gen- proud. I recognized our needs. I just gram. tleman from New Jersey [Mr. Indeed, those countries could not voted to on a mandatory basis add four TORRICELLI], making the transition op- countries to the American foreign aid possibly be unaffected if we are to man- tional would make this entire section a program.’’ date this foreign aid program because sense-of-the-Congress resolution. Mr. Mr. Chairman, I reserve the balance there are no other sources. Chairman, title 7 of the National Secu- of my time. I find myself, Mr. Chairman, in a pe- rity Revitalization Act I believe pro- Mr. GILMAN. Mr. Chairman, I rise in culiar position. Having served on the vides a reasonable framework for ad- Committee on Foreign Affairs all these opposition to the amendment offered dressing the concerns consistent with years, I have come to this floor pre- by the gentleman from New Jersey U.S. interests in ensuring stability in viously to argue for foreign aid, for [Mr. TORRICELLI]. Europe. Very clearly delineated in the poor nations, for nations with security The CHAIRMAN. The gentleman bill is a list of criteria, such as respect problems, for nations working with the from New York [Mr. GILMAN] is recog- for democratic principles and human United States on a bilateral basis for nized for 22 minutes. rights enshrined in the Helsinki Final our own defense, but considering our Mr. GILMAN. Mr. Chairman, I yield 5 Act, against which to evaluate the other budgetary problems and the minutes to the distinguished gen- suitability of prospective candidates other needs before this Congress, our tleman from New Jersey [Mr. SMITH], a for NATO membership. In addition, it domestic priorities, I cannot argue senior member of the Committee on that we should add any nation on a establishes a program to provide the International Relations and chairman emerging democracies with the nec- mandatory basis for American foreign of the Subcommittee on International aid. essary tools to facilitate their transi- Operations. tion to full NATO membership, which, My amendment would simply allow Mr. SMITH of New Jersey. Mr. Chair- the administration to look at each of as I pointed out earlier, will ultimately man, I rise today to voice my strong be up to the members of NATO to de- these countries, Slovakia, Czech Re- support for the underlying provisions public, Hungary, and Poland, gauge the cide. of the legislation, namely title 6, which Given the broad range of our politi- strengths of their democracies, the lib- squarely addresses the issue of NATO eralization of their economies, what cal, economic, and security interests in expansion. At the outset, let me dispel Europe, strengthening new free mar- they are doing for their own security the notion that this section would needs, and then make a determination kets and democracies in that region somehow hamstring the administra- benefits the United States. Interest- whether or not we want to expand our tion’s foreign policy, assuming it has military assistance. ingly two of the most prominent mem- one. Nothing in the National Security It is a discretion that makes sense. bers of the foreign policy establish- Revitalization Act mandates NATO Indeed, in the underlying legislation, ment, Henry Kissinger and Zbigniew membership for any country or group on page 68 and page 69, this is exactly Brzezinski, are ardent supporters of the of countries. Changes in the member- the formula that the authors use for timely expansion of NATO. ship of NATO are determined on the expanding this to other countries be- Dr. Kissinger sees the existing vacu- yond the four I just mentioned. They basis of consensus among the alliance’s um as a threat, not only to NATO cohe- would gauge the progress of democracy member states as stipulated under arti- sion, but the very existence of NATO as in those countries, Ukraine, Baltics. cle 10 of the North Atlantic Treaty, a a meaningful institution, and he That is what we should do for these. point reaffirmed in the pending legisla- writes, ‘‘NATO expansion represents a tion and known to Members on both balancing of two conflicting consider- b 1220 sides of the aisle. ations the fear of alienating Russia Indeed, frankly I think of no better The crux of the matter is how best to against the danger of creating a vacu- evidence than of the four countries consolidate and build upon the fun- um in central Europe. A wise policy,’’ mandated for an expansion of military damental political changes which have he counsels, ‘‘would proceed with the aid, two of them are now led by former occurred in many of the countries of membership for Poland, Hungary, the communists. One has an authoritative Central Europe, the Baltics, and some Czech Republic and Slovakia, and to government. All have declining defense of the New Independent States of the reject a Russian veto.’’ Dr. Kissinger budgets. Former Soviet Union. On the security concludes, ‘‘NATO cannot long survive So the majority would have us have a front, a veritable ‘‘no-man’s-land’’ has if the borders it protects are not mandated foreign aid program for emerged between Germany and Russia threatened while it refuses to protect countries led by two former com- following the demise of the Warsaw the borders of adjoining countries that munists? Where they themselves are Pact, and the ensuing moves toward do feel threatened.’’ February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1875 Zbigniew Brzezinski recently urged do is say that the President may estab- requires mutual cooperation between NATO to formally declare its ‘‘criteria lish this program, not that he has to the countries. for expansion and indicate which coun- establish this program as a mandate. How much does this cost? What tries appear to meet them. This would As we read through the next 14 pages, would be the financial burden to the end the counterproductive debates with as Members are on the floor or in their United States to start funding this Russia over whether NATO should ex- offices and they decide whether or not under these three or four different ac- pand. The longer this step is delayed, to vote for this amendment, let me say counts, and would the United States be the more vociferous Moscow’s objec- that in title IV what we have been de- required to send troops to Albania and tions are likely to be.’’ bating is whether or not there should Slovakia? Mr. Chairman, this is precisely the be some accountability and limits to Mr. SMITH of New Jersey. Mr. Chair- purpose of title 6 of the National Secu- U.S. participation in Somalia, in Haiti, man, will the gentleman yield? rity Revitalization Act. in Bosnia, and other places around the The CHAIRMAN pro tempore (Mr. Rather than dodging the issue of world. HOBSON). The time of the gentleman NATO expansion, as it has largely done Title VI then says it completely from Indiana [Mr. ROEMER] has expired. to date, the Clinton administration, unties that, completely undoes it, and Mr. GILMAN. Mr. Chairman, I yield 1 should move on the membership issue says we are going to possibly send minute to the gentleman from New before more time is lost. But that re- troops and foreign aid to Poland, Hun- Jersey [Mr. SMITH]. quires leadership. We must seize upon gary, Slovakia, Albania, or Romania. Mr. SMITH of New Jersey. Mr. Chair- today’s opportunities which could be man, first of all, perhaps we have had gone tomorrow. A steady and delib- Mr. SMITH of New Jersey. Mr. Chair- man, will the gentleman yield? too many discussions on the floor erate course of action is one thing, ob- about mandates because mandates fuscation, which has characterized the Mr. ROEMER. I will not yield until I have finished. seem to be on the brain. Clinton administration’s approach to There is nothing in this bill that date is another. It opens up all these possibilities by mandating to the President that he has mandates that any country join NATO. Russia, perhaps sensing a certain ti- That has to be made very clear. What midity within the administration, has to expand NATO and he has to look at providing foreign aid and disarmament we are doing is saying that the pro- sought to block NATO expansion. It is gram that would assist nations like Po- aid to these qualifying countries. instructive to recall that the Soviet land, Hungary, the Czech Republic, and I would also argue to my colleagues Union vehemently opposed German Slovakia and other European nations that in reading through what this leg- membership in NATO in 1955 and at- means that these nations would be des- islation says, we read through this and tempted to deny unified Germany con- ignated for transitional help. There is find that on page 71 of title VI, at the tinued participation in the Alliance. A $100 million being requested for the top of the page, these countries would democratic Russia has nothing to fear President by the President for this be eligible for economic support assist- from a defensive alliance founded on kind of thing. We want to encourage democratic principles. It would be fool- ance, they would be eligible for secu- expansion—that is what we are talking hardy and dangerous, as Henry Kissin- rity assistance, and they would be eli- about. ger rightly pointed out, to give Russia gible for nonproliferation and disar- As I have said, we have had a lack of a veto over NATO expansion, and, as mament funds. leadership with regard to this, and we Dr. Brzezinski observed, failure to act Where in the Contract for America are saying that Congress should speak now will only make matters worse. does it say that we are going to man- up and say these countries are worth Let’s look at the earlier inclusion of date that we expand NATO, that we list it. A window of opportunity exists and new countries. As my colleagues know, to the President of the United States we do not want to see that window when we look at countries that were all these countries that have to join, closed. included into NATO, Greece and Tur- according to this legislation, in title key were hardly stellar democracies Mr. ROEMER. Mr. Chairman, will the VI, and that the American taxpayer is gentleman yield? when they joined in 1952. I remind then going to fund this new expanded Members that Portugal, one of the Mr. SMITH of New Jersey. If I have NATO? I do not think that that is what the time, I will yield to the gentleman founding members of NATO, was under the elections in November were about. a dictatorship in 1949. In this bill we from Indiana. I would further argue that whether or Mr. ROEMER. Again I ask, what is lay out clear markers which we think not we intended this, the gentleman have to be achieved before this pro- the cost of this? Have we had hearings from New Jersey and I are in complete on this? gram goes forward. We are trying to adherence to what the contract says. promote and push these countries in Mr. SMITH of New Jersey. As the The Contract With America at page 108 gentleman knows, there is no cost fig- the direction of democracy, free mar- says, and I quote, ‘‘With respect to this kets, respect for human rights. I be- ure stated in the legislation. program, the President is given author- Mr. ROEMER. There certainly is not. lieve title 6, as a mandatory program, ity to establish a program to assist Po- goes much further to ensure those ob- Mr. SMITH of New Jersey. At a later land, Hungary, the Czech Republic,’’ et jectives, and, hopefully, a safer world, date we will talk about it, but already cetera, not mandate it to the Presi- rather than making this title a sense- we have $100 million for the fiscal year dent. of-the-Congress resolution by amend- requested by the President in the Part- That is exactly what the Torricelli- ing it to an optional program. nership For Peace. Roemer amendment does. It does not Mr. ROEMER. Mr. Chairman, will the b 1230 mandate. It says the President may. It gentleman yield for another question? Mr. TORRICELLI. Mr. Chairman, I gives the President authority. It is in The CHAIRMAN pro tempore. The am proud to yield 4 minutes to the gen- complete agreement with what the time of the gentleman from New Jersey tleman who coauthored this amend- contract says. It gives the President [Mr. SMITH] has expired. ment with me, the gentleman from In- authority. Mr. GILMAN. Mr. Chairman, I am diana [Mr. ROEMER]. Mr. SMITH of New Jersey. Mr. Chair- pleased to yield 2 minutes to the gen- I want to remind the body, however, man, will the gentleman yield? tleman from Nebraska [Mr. BEREUTER], that this amendment does not impact Mr. ROEMER. I will not yield yet. the distinguished chairman of our Sub- NATO expansion, only the question of I will just conclude by saying that I committee on Asia and the Pacific. whether there should be a mandatory am delighted that somebody did not Mr. BEREUTER. Mr. Chairman, I foreign aid program. stick Chechnya in this. What would rise in strong opposition to the Mr. ROEMER. Mr. Chairman, I would that mean? Where would we be then? Torricelli amendment. encourage especially the new freshmen What would that commit us to? What There is a lot of confusion around of this body to read this title, pages 61 about Albania and Romania? Will the here. Nowhere is there a requirement through 75. All the amendment that gentleman answer that question? They that the President enlarge NATO. No- the gentleman from New Jersey [Mr. do not even have an organized mili- where is there a requirement that the TORRICELLI] and I have offered would tary. Yet Title 5 of the NATO treaty United States support an enlargement H 1876 CONGRESSIONAL RECORD — HOUSE February 16, 1995 of NATO under all conditions. Section lock in advantages now for some coun- Slovakia want this status and want to 604 tries to provide some leadership. It tries, we risk discouraging reformers in work toward this status, and this di- is assisting, and it would encourage countries not named and fostering rects from the Congress, providing NATO expansion. complacency in countries that are.’’ leadership, to say that we will estab- This has been unfairly characterized In general, this bill micromanages lish a program and the President will as mandatory foreign aid, even manda- U.S. foreign policy to an unacceptable cooperate with us to bring these people tory military aid. There is nothing extent. Any policy of NATO expansion into NATO. And that can only be in the about it that is mandatory. If the should be closely responsive to the long-term interests of the security and President decides to create an office very fluid political landscape in Eu- peace of not only this Nation, but the but uses no funds, he has that author- rope—the President should decide how entire world. ity. and when NATO is expanded. Members If we adopt this amendment, we are But what has the President done? He on both sides know well that this sort voting for the status quo, and we are has offered the Warsaw Initiative last of micromanaging simply does not voting to make a great mistake in the July, and in the budget document we work. history of these emerging nations. I submitted, we have $100 million for the Mr. Chairman, I must also question urge its defeat. the wisdom of the underlying policy of Warsaw Initiative. We would expect Mr. TORRICELLI. Mr. Chairman, I NATO expansion as expressed in this that under section 604 as written the am pleased to yield 2 minutes to the bill. At the very least, I believe the Na- Warsaw Initiative funds would be chan- gentleman from New Mexico [Mr. RICH- tion needs a broad national debate on neled through this source. ARDSON]. NATO expansion, a debate that has Nowhere is it restricted to military (Mr. RICHARDSON asked and was assistance. If in fact we talk to the hardly begun. This policy of NATO expansion would given permission to revise and extend State Department, they will talk to us his remarks.) about transportation improvements draw clear new lines across Europe. It would prejudge, and I believe adversely Mr. RICHARDSON. Mr. Chairman, if and other kinds of ESF related expend- I were a NATO ally, I would be scratch- itures. There may in fact not be a sin- affect, the outcome of transitions un- derway in Russia and throughout the ing my head in wonderment and asking gle penny spent on military aid as a re- has the U.S. Congress gone mad, or is sult of this. region. Moreover, I am not convinced this a joke? Did the Americans hear What I think we are doing is trying that NATO expansion is viable politi- that the cold war is over, or is this a to provide some guidance. If in fact we cally. Do the American people truly time warp? are going to enlarge into the Visegrad understand the legal and financial im- Whatever happened to consultation Four countries or other eligible coun- plications of providing security guar- with our NATO allies? What does the tries for a period of time when they antees to Bratislava and Budapest? Are President think about this initiative? meet the criteria spelled out in title we ready to sacrifice the lives of our Oh, I forgot, we now have 230 Secretar- VI, then we would have an opportunity sons and daughters to defend Slovakia ies of State and Defense, and we do not to expand NATO, with the approval of and the other countries? Once the pub- need an executive branch. We now have our 15 additional NATO allies. lic debate begins in earnest, the expan- an imperial Congress with a constitu- But what we are attempting to do sion of NATO by treaty obligation may with this program is to provide some well be politically impossible. tional authority to run foreign policy. guidance to the executive branch. That I strongly support the Torricelli Mr. Chairman, this is a bad bill. It is is an entirely appropriate activity of amendment to this bill. an attempt to dictate the terms of NATO expansion with no criteria for the Congress of the United States. The b 1240 President is proposing to spend $100 membership. England is against this, Mr. GILMAN. Mr. Chairman, I am France is against this, Germany is million on the Visegrad Four and other pleased to yield 2 minutes to the gen- Partnership For Peace countries. We against this. Russia is going to think tleman from Florida [Mr. MICA]. we are indicating aggression. Slovakia are going to give some direction Mr. MICA. Mr. Chairman, I just through section 604. is run by an authoritarian leader. Po- wanted to respond to a couple of the land is run by a former Communist Mr. Chairman, I urge rejection of the points that have been made in this de- Torricelli amendment. Party member. Should we not be dis- bate. I am very familiar with Poland, cussing these issues with others, rather Mr. TORRICELLI. Mr. Chairman, I Hungary, the Czech Republic and Slo- am pleased to yield 2 minutes to the than dictating to NATO and the execu- vakia, having visited and examined tive branch? gentleman from Florida [Mr. JOHN- some of their emergence from the STON], a member of the committee. We are also starting a new military former Soviet bloc, and I can tell you assistance program, an entitlement Mr. JOHNSTON of Florida. Mr. that this amendment by the gentleman program. This is going to take money Chairman, I rise in strong support of from New Jersey is a grave mistake at from other strategic allies like Israel, the Torricelli amendment. I believe this time. like Turkey, like Pakistan. that the mandated-funding provision The point was made here that this is Mr. Speaker, let us not allow this and other policies contained in title VI some extension of foreign aid, and that of this bill are severely flawed. is not correct. There is foreign aid al- amendment of the gentleman from New Mandating a funding program for ready in all of these countries, United Jersey [Mr. TORRICELLI] to go down. It these four countries is a serious mis- States foreign aid. This amendment corrects a serious flaw. This bill is not take. Congress should not attempt to says the President shall establish a going to become law, but it sends a legislate the expansion of NATO— program to assist in the transition to chilling signal to our allies that the NATO expansion must be handled flexi- full NATO membership. He says United States is divided, that there is bly, in close consultation with our al- ‘‘may.’’ no cohesion between the executive and lies, as circumstances in Europe Well, the President already may. congressional branches. evolve. In addition, NATO expansion That is what we are suffering from, is Mr. Chairman, let us debate NATO would be at an enormous expense—tens a lack of leadership, a lack of direc- expansion within the Congress, within of billions of dollars. This bill man- tion. And what this Congress is trying the American public, but with our al- dates an expansion of our commit- to do is say that we shall assist these lies. Let us pass the Torricelli amend- ments overseas, yet it doesn’t say how emerging nations to reach NATO sta- ment and correct a very, very chilling we should pay for them—and all during tus. And that is the clear intent. signal that is going to arrive in Europe a period of declining foreign assistance That is what has been lacking here, and NATO tomorrow that the United resources. and that is what will be lacking if we States is divided. Specifying countries that are to be miss this opportunity. We will make a Mr. GILMAN. Mr. Chairman, I am fast-tracked into NATO membership is grave mistake if we pass this amend- pleased to yield 1 minute to the gen- also a mistake. As Secretaries Chris- ment and put us back in the situation tleman from Nebraska [Mr. BEREUTER]. topher and Perry recently wrote in the we are in, because these countries, Po- Mr. BEREUTER. Mr. Chairman, I New York Times, ‘‘If we arbitrarily land, Hungary, the Czech Republic and would just say to the gentleman, I hope February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1877 the gentleman is aware there is no en- ambitious program of military and eco- Mr. SMITH of New Jersey. Mr. Chair- titlement program created by this. The nomic assistance here. You are picking man, all sides including the adminis- President, of course, is proposing to out winners and losers in this histori- tration, envision the eventual expan- spend $100 million for the Warsaw Ini- cal process that is going on. You are sion of NATO. The problem is that the tiative, part of which could go for the creating a dangerous gulf between our administration has been unwilling to countries which would be eligible. commitments on the one hand and the spell out in clear terms what condi- There is no mandatory timeframe, of resources that we provide on the other tions candidates would have to meet. course. hand. This ambiguity does not serve any We have by the action of the framers We are extending U.S. security com- good purpose and, in fact, plays into of H.R. 7 and by action of the Commit- mitments under the plan you put into the hands of the Russians who want to tee on International Relations taken H.R. 7, and that is an unwise thing to block any expansion. additional criteria that ought to be do. I strongly support the Torricelli Let me remind Members and assure considered, giving some guidance to amendment. Members the bill does not mandate these countries on how we ought to Mr. GILMAN. Mr. Chairman, I yield that the countries listed or any others proceed. But we certainly are not forc- such time as he may consume to the would be invited to even join NATO. ing our allies or the President to take gentleman from Louisiana [Mr. There is a separate process for that. them in. HAYES]. The process for expansion is qualified Mr. RICHARDSON. Mr. Chairman, Mr. HAYES. Mr. Chairman, I would by article 10 of the NATO treaty. There will the gentleman yield? ask if the distinguished gentleman Mr. BEREUTER. I yield to the gen- is a specific process for that. We are from New York [Mr. GILMAN] would en- talking about a program to assist in tleman from New Mexico. gage in a brief colloquy with my re- the transition. Mr. RICHARDSON. Mr. Chairman, garding the U.S. policy toward NATO I urge Members to read on page 69 the gentleman is an expert on many of as spelled out in clause 4 of section 603, the kinds of things we are talking these issues, NATO especially. The gen- which is language I worked with the about that we would like to see hap- tleman knows our allies are seriously chairman and his committee to de- pen: shared values and interests, demo- concerned about this initiative, and velop. you are going to be taking money from Mr. GILMAN. Mr. Chairman, I would cratic governments, free market econo- other strategic allies. You are setting be happy to engage in a colloquy with mies, civilian control of the military, forth a military assistance program. the gentleman from Louisiana. and so on and so forth. The language is very clear. Mr. HAYES. Mr. Chairman, it is my Let us not just be passive and reac- Mr. TORRICELLI. Mr. Chairman, I understanding that this provision ad- tive. I believe we need to be proactive am pleased to yield 2 minutes to the dresses NATO’s current lack of an air- for the sake of security for Europe and gentleman from Indiana [Mr. HAMIL- borne ground surveillance system to for the rest of the world. TON], the ranking member of the Com- provide allied forces with essential, Mr. TORRICELLI. Mr. Chairman, I mittee on International Relations. timely, and reliable enemy movement yield 1 minute to the gentlewoman Mr. HAMILTON. Mr. Chairman, I rise and targeting information. from California [Ms. PELOSI]. in support of the Torricelli amend- Mr. GILMAN. If the gentleman would Ms. PELOSI. Mr. Chairman, I thank ment. It calls on NATO membership for yield, Mr. Chairman, the gentleman is the gentleman for yielding time to me four countries in the near future. It correct. In 1991, the United States rec- and for his leadership in presenting mandates an assistance program of all ommended to NATO that it consider this amendment, because I think that kinds to aid in the transition to NATO procuring an airborne ground surveil- if it passes, it will vastly improve membership. It specifically designates lance capability to complement the air H.R. 872. four countries. Now, there are a lot of surveillance capability of the NATO I am very, very concerned about the things wrong with that. AWACS fleet. The AWACS system has language contained therein, which First of all, it prejudges and dictates effectively provided our pilots with a would expand NATO membership. We the pace and direction of NATO expan- map of the skies, however, it is not de- must remember that NATO member- sion. What you have got going on in signed to observe real-time movement ship means that our security alliance this part of the world is a very elabo- of ground forces on the battlefield at would be expanded, that we would ex- rate historical process to determine extended ranges. It is, therefore, in the pand the guarantee of security to many the security regime of Europe in the more countries. years ahead, and the Congress of the best interests of the United States and And this may be appropriate, as my United States comes in with this provi- the NATO alliance to expedite a pro- colleague and friend, the gentleman sion in H.R. 7 and tries to dictate what gram which will provide our ground from New Jersey [Mr. SMITH] said, we that result would be. forces with the same ability to see the all envision a time when that would Furthermore, this is just gratuitous battlefield that our pilots currently happen. But right now, 16 governments advice, because NATO expansion can- enjoy with the AWACS fleet. not be dictated by a statute of the Con- are involved in any decision to expand b 1250 gress. We short-circuit the partnership NATO. The United States, we do not for peace initiative, which is supported Mr. HAYES. Mr. Chairman, is it not make this decision alone. The situation by all of our allies today. That estab- correct that the United States has al- in Eastern Europe and in the New Inde- lishes closer military and political ties ready developed such a system which is pendent States is a delicate one, the between NATO and the nations of called JSTARS and demonstrated its balance of which could be very dis- central and Eastern Europe. We ought battle management capabilities during turbed by this legislation. to let that evolve. Desert Storm? The administration’s partnership for Now, there has been a lot of talk in Mr. GILMAN. Mr. Chairman, if the peace was designed to enhance the se- here about this bill providing guidance gentleman will continue to yield, the curity of our allies in this region while to the President. This dose not provide gentleman is again correct. In fact, the providing incentives for reform for the guidance to the President. This tells JSTARS program has been nominated new European democracies. If we move the President what to do. It mandates by our Nation as the best candidate to forward with these NATO provisions, the President shall establish a pro- meet the needs of NATO. I am con- we will run the risk of alienating the gram. That is not providing guidance. fident that the JSTARS program will countries not named and the greater That is mandating. And you are telling provide NATO with a significant oper- risk of developing a bunker mentality the President to assist in the transi- ational advantage that will strengthen with Russia. tion, and furthermore, you are not giv- the capabilities of our allied forces. I urge my colleagues to support the ing him any resources to do what you Mr. HAYES. I thank the gentleman. Torricelli amendment. tell him to do. Mr. GILMAN. Mr. Chairman, I yield 1 Mr. Chairman, I rise today in strong opposi- That is no way to conduct American minute to the gentleman from New tion to H.R. 872, which poses a significant foreign policy. You are mandating an Jersey [Mr. SMITH]. threat to our national security. The bill before H 1878 CONGRESSIONAL RECORD — HOUSE February 16, 1995 us violates basic tenets of our national de- tinational efforts to address international cri- Mr. Chairman, I wondered if the gen- fense strategy; it abrogates international trea- ses. If we reduce our assessed peacekeeping tleman could succinctly tell us, does he ties; and, it violates the U.S Constitution. The dues dollar-for-dollar by the costs of peace- have some estimation of exactly how National Security Revitalization Act is fun- keeping operations which we conduct volun- much we would be spending in new for- damentally flawed. It is also dangerous. tarily and in support of U.S. interests, we eign assistance to help these poor H.R. 872 is dangerous because it would re- would force the cancellation of peacekeeping countries? Is there a dollar amount he vive the old star wars project, an ineffective, activities, undermine U.N. peacekeeping ef- has in mind? unnecessary, and costly project which was, forts, and ultimately devastate the United Na- Mr. GILMAN. Mr. Chairman, will the after significant public and congressional de- tions. If the United States changes the way it gentleman yield? bate under previous administrations, deemed funds U.N. peacekeeping, other countries will Mr. TORRICELLI. I yield to the gen- to be not worthy of funding. follow suit. tleman from New York. The Congressional Budget Office [CBO] has As much as some would like to believe this Mr. GILMAN. Mr. Chairman, the estimated that the system proposed by the country can survive in isolation, it cannot. If President has to evolve a program and Republicans in this bill could cost $29±$30 bil- we pass this bill, we will be forced either to be then send the program to us. We are lion over the next 5 years. Others have esti- the world's sole policeman or to ignore con- not mandating. mated that the costs could range as high as flicts which could threaten our national secu- Mr. TORRICELLI. Reclaiming my $39 billion. In today's budget climate, funding rity. I do not believe this choice is what the time, Mr. Chairman, so in fact, we one projects means not funding something American people really want. would be mandating a foreign assist- else. If star wars goes forward, troop readi- H.R. 872 is also dangerous because it uni- ness and weapon modernization will be cut. laterally designates certain candidates for ance program without knowing a num- In addition, restarting star wars would actu- NATO membership. Sixteen governments are ber? ally make the world less safe. The passage of involved in any decision to expand NATO; the Mr. GILMAN. Mr. Chairman, if the this bill could abrogate the Anti-Ballistic Missile United States does not make this decision gentleman will continue to yield—— Treaty, threaten START II negotiations, and alone. The situation in Eastern Europe and the Mr. TORRICELLI. Reclaiming my terminate existing Nunn-Lugar agreements to New Independent States is a delicate one, the time, if the gentleman would then an- dismantle nuclear warheads with Russia, balance of which can be disturbed by H.R. swer, is there a reason, a theory in Ukraine, Byelarus, and Kazakhstan. These ac- 872. The Administration's Partnership for mind, why when each of these four tions do not increase our security, they under- Peace was designed to enhance the security countries is declining in their defense mine it by threatening the real progress which of our allies in the region while providing in- spending, spending less of their dollars, is being made toward diminishing the threat of centives for reform for the new European de- we would take the American taxpayers’ nuclear destruction. mocracies. If we move forward with these dollars in foreign aid to substitute for H.R. 872 is dangerous because it would tie NATO provisions, we run the real risk of alien- their military spending? Is there a ra- the hands of the President, any President, in ating the countries not named by the Repub- tionale there I am missing? international crisis when he or she determines licans for NATO membership and destabilizing Mr. GILMAN. I thank the gentleman it is in our national interest to place our troops an already precarious region. These NATO for his comment. We await the Presi- under the operational control of another coun- provisions are imprudent also because it dent’s program before we can analyze try, including NATO allies. My Republican col- sends the wrong message to Russia. The last what the costs would be. leagues must know that with this law on the thing we need is for Russia to adopt a bunker Mr. TORRICELLI. Reclaiming my books, President Bush would not have been mentality as the security guarantee is ex- time, Mr. Chairman, this is evidence able to deploy the troops he deemed nec- tended to all of their neighbors. Against what that if one lives long enough, they can essary to carry out Operations Desert Shield country. see anything. and Desert Storm against Saddam Hussein; H.R. 872 contains a number of other objec- The majority has come to this Con- President Clinton would not have been able to tionable provisions, some of which are dan- gress to establish a mandatory foreign respond to Hussein's threats by deploying gerous and some of which are just plain silly. aid program at a time of enormous do- troops to Kuwait in 1994. For that matter, if One of the themes of my colleagues on the mestic problems and mounting deficits constrained by this law, President Truman other side of the aisle has been that govern- in this country. would not have been able to deploy troops to ment should be downsized, reduced, and They have done so claiming that our Korea in 1950. eliminated. It is therefore with some perplexity current program to help these same This provision is unnecessary. Today, our that I note the inclusion in this bill of an un- foreign nations is not working, even forces always remain under the command of necessary and duplicative commission to re- though it is only 90 days old. We have the President of the United States. We already view national security. apply the most rigorous standards when we Why do people who claim to be opponents asked the President for 90 days to pass even the most limited responsibility to a of government agencies, bureaucracies, and begin working militarily for NATO ex- competent foreign commanderÐan action departments, propose to establish a brand pansion with these countries. Now in which has been done throughout this great new one, one which would duplicate services our impatience we tell him on a man- Nation's history from the Revolutionary War which are already being provided by the Sec- datory basis, he must do so, that we do through the Persian Gulf war. I frankly do not retary of Defense and Members of Congress? not know what it would cost. We over- understand why my Republican colleagues, American taxpayers already pay the salaries look the fact that two of the four coun- who have steadfastly defended the President's of people to review U.S. security needs. We tries have former Communists running prerogatives for years, would choose to tie his have a Department of Defense and defense their governments. One is becoming an hands in what is a very dangerous way. specialists in other Government agencies and authoritative government. But we H.R. 872 is dangerous because it under- here in Congress. But, this bill would spend an want to expand foreign aid to help mines the very viability of international peace- additional $1.5 million of American workers' them. Even though the same countries, keeping efforts. Many argue that the United hard-earned dollars to copy what people in every one of them, has a declining de- States cannot and should not be the world's Government are already doing. This Commis- fense budget. But in our enthusiasm to policeman. We cannot afford to intervene ev- sion does not make sense. help them, even when we do not have erywhere; we do not want to put American Mr. Chairman, for all of the above reasons enough money for our own armed lives at risk. However, conflicts do not go and others, I believe that the National Security forces, we are going to throw our away and in this post-cold-war world, there Revitalization Act should be defeated. If it money upon them. seem to be an evergrowing number of global passes, U.S. national security will be weak- Mr. Chairman, the simple truth is, hot spots. If we want to retain our role as the ened significantly. this has not been well thought through. world's only superpower and if we do not want Mr. TORRICELLI. Mr. Chairman, I We have a program that is working. We to be the world's policeman, it is critical for us yield myelf the balance of my time. tell the President of the United States, to work to strengthen, not to weaken, multi- Mr. Chairman, at this point I would you may have a program to help these national institutions. like to engage the distinguished chair- countries if they are democratic, they If this bill passes, we are going in the wrong man of the Committee on International are pluralistic, it would help the secu- direction. The U.N. peacekeeping provisions Relations in a colloquy, the gentleman rity interests of the United States, our contained in this legislation would cripple mul- from New York [Mr. GILMAN]. NATO allies agree. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1879 It is a good program. It is under way, It is clear that this administration Foglietta McDermott Rush Ford McHale Sabo and we should remain with it. Our dif- wants to provide assistance to certain Frost McKinney Sanders ferences indeed are narrow, whether we Central European countries. This ad- Funderburk McNulty Sanford apply those criteria to those four coun- ministration has been trying to find a Furse Meehan Sawyer tries, do so on a basis of the President’s way for more than a year to make ad- Gejdenson Meek Scarborough Gephardt Menendez Schroeder discretion or, in my judgment, have ditional countries eligible for excess Geren Metcalf Schumer the largest mandatory expansion of the defense articles. Gibbons Mfume Scott American foreign assistance program In fact, the administration recently Gordon Miller (CA) Serrano Gutierrez Mineta Sisisky that I have ever witnessed. briefed staff of the International Rela- Hall (OH) Minge Skaggs Mr. Chairman, I urge the Members of tions Committee about the President’s Hall (TX) Mink Skelton this institution to vote for my amend- fiscal year 1996 budget request for $100 Hamilton Moakley Slaughter million for military cooperation with Harman Mollohan Spratt ment. It is consistent with bipartisan Hayes Montgomery Stenholm foreign policy, the actions of the 103d Central European states. We want to Hefner Moran Stokes Congress, and indeed, as the gentleman work with the President to support Hinchey Murtha Studds from Indiana [Mr. ROEMER] has pointed that assistance. Hoyer Nadler Stupak Jackson-Lee Oberstar Tanner out, the Contract With America, which But I want to make clear that we Jacobs Obey Tauzin itself talks about a permissive expan- want that done in a proper framework. Jefferson Olver Taylor (MS) sion of our foreign assistance program, The establishment of a program under Johnson (SD) Ortiz Tejeda this provision provides a framework for Johnson, E. B. Orton Thompson not a mandatory expansion. Johnston Owens Thurman Mr. ROEMER. Mr. Chairman, will the the Committee on International Rela- Kanjorski Parker Torres gentleman yield? tions to carry out its fundamental Kaptur Pastor Torricelli oversight responsibilities. It will pro- Kennedy (MA) Payne (NJ) Towns Mr. TORRICELLI. I yield to the gen- Kennedy (RI) Payne (VA) Tucker tleman from Indiana. vide us a framework for accounting Kildee Pelosi Velazquez Mr. ROEMER. I would just like to re- purposes. It will provide us a frame- Kleczka Peterson (FL) Vento mind my colleagues, on page 108 of the work for hearing purposes. I don’t Klink Peterson (MN) Visclosky know why any Member would oppose LaFalce Pickett Volkmer contract, it says ‘‘the President is Lantos Pomeroy Ward given authority to establish this pro- that provision. Laughlin Poshard Waters gram.’’ One final point and it is a key one, Levin Rahall Watt (NC) let me be clear that although section Lincoln Rangel Waxman If the Torricelli-Roemer amendment Lofgren Reed Williams is adopted, we say he ‘‘may establish’’ 604 directs that the program be estab- Lowey Reynolds Wise this program, not as the current lan- lished it does not in any way, shape, or Luther Richardson Wolf guage reads, he ‘‘shall establish’’ a pro- form, mandate that the President pro- Manton Rivers Woolsey vide assistance to these countries. Not Martinez Roemer Wyden gram, which is mandatory. The other Mascara Rohrabacher Wynn side even lists the countries that one penny is earmarked in this legisla- Matsui Rose Yates should be in NATO. tion. The decision to provide assistance McCarthy Roybal-Allard under this program is left entirely up Mr. TORRICELLI. Mr. Chairman, I NOES—232 thank the gentleman from Indian. I to the administration. Allard DeLay Hoekstra urge a yes vote. I thank Members of Accordingly, I urge my colleagues to defeat the Torrecelli amendment. Archer Diaz-Balart Hoke the majority party, the new members Armey Dickey Holden in the committee who voted for this b Bachus Doolittle Horn 1300 Baker (CA) Dornan Hostettler amendment in committee. Mr. Chairman, I yield back the bal- Baker (LA) Dreier Houghton Mr. GILMAN. Mr. Chairman, I yield Ballenger Dunn Hunter ance of my time. myself such time as I may consume. Barr Durbin Hutchinson The CHAIRMAN. All time has ex- Mr. Chairman, section 604(a) of H.R. Barrett (NE) Ehlers Hyde pired. Bartlett Ehrlich Inglis 872 directs the President to establish a The question is on the amendment Barton Emerson Istook program to assist in the transition of Bass Engel Johnson (CT) offered by the gentleman from New full NATO membership of Poland, Hun- Bateman English Johnson, Sam Jersey [Mr. TORRICELLI]. Bereuter Evans Jones gary, the Czech Republic, and Slovakia The question was taken; and the Bilbray Everett Kasich and any other country emerging from Bilirakis Fawell Kelly Chairman announced that the noes ap- Bliley Fields (TX) Kennelly Communist domination that is des- peared to have it. ignated by the President. Blute Flanagan Kim RECORDED VOTE Boehlert Foley King The author of this amendment, Mr. Boehner Forbes Kingston TORRICELLI and the administration op- Mr. TORRICELLI. Mr. Chairman, I Bonilla Fowler Klug poses the mandatory establishment of demand a recorded vote. Bono Fox Knollenberg A recorded vote was ordered. Brown (OH) Frank (MA) Kolbe this program. That is no surprise to Brownback Franks (CT) LaHood me. This administration, and in fact, The CHAIRMAN. This will be a 15- Bryant (TN) Franks (NJ) Largent any administration, nearly always op- minute vote. Bunn Frelinghuysen Latham poses congressionally mandated initia- The vote was taken by electronic de- Bunning Frisa LaTourette vice, and there were—ayes 191, noes 232, Burr Gallegly Lazio tives. Burton Ganske Leach I am reminded of the Bush adminis- not voting 11, as follows: Buyer Gekas Lewis (CA) tration’s vociferous objections to the [Roll No. 143] Callahan Gilchrest Lewis (KY) Calvert Gillmor Lightfoot establishment of the Nunn-Lugar pro- AYES—191 Camp Gilman Linder gram. And also to the establishment of Abercrombie Bryant (TX) DeLauro Canady Gonzalez Lipinski the nonproliferation and disarmament Ackerman Cardin Dellums Castle Goodlatte Livingston Andrews Chapman Deutsch Chabot Goodling LoBiondo fund which was a part of the Freedom Baesler Clayton Dicks Chambliss Goss Longley bill. Baldacci Clement Dingell Chenoweth Graham Lucas In fact, I am quite confident that Barcia Clyburn Dixon Christensen Greenwood Maloney each and every Member here can point Barrett (WI) Coleman Doggett Chrysler Gunderson Manzullo Beilenson Collins (IL) Dooley Clinger Gutknecht Markey to examples of congressional initia- Bentsen Collins (MI) Doyle Coble Hancock Martini tives which this and other administra- Berman Condit Duncan Coburn Hansen McCollum tions have opposed. It seems to me that Bevill Conyers Edwards Collins (GA) Hastert McCrery Bishop Cooley Ensign Combest Hastings (WA) McDade if it is not their idea then it is not a Bonior Costello Eshoo Cox Hayworth McInnis good idea. Borski Coyne Farr Crane Hefley McIntosh Permit me to explain why I think it Boucher Cramer Fattah Crapo Heineman McKeon is so important to direct that this pro- Brewster Danner Fazio Cremeans Herger Meyers Browder de la Garza Fields (LA) Cubin Hilleary Mica gram be established. The answer is Brown (CA) Deal Filner Cunningham Hilliard Miller (FL) quite simple. Brown (FL) DeFazio Flake Davis Hobson Molinari H 1880 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Moorhead Rogers Tate armed forces that would be required to very, very, important and I think that Morella Ros-Lehtinen Taylor (NC) Myers Roth Thomas defend the country and the number, that is really not what ought to be. Myrick Royce Thornberry types, and costs of U.S. Armed Forces; This amendment, and I thank the Neal Salmon Tiahrt also whether the United States is pre- chairman of the committee, goes a step Nethercutt Saxton Torkildsen pared to provide a nuclear guarantee to in the direction not quite as far as I Neumann Schaefer Traficant Ney Schiff Upton the country; and also the likelihood would like it to go, but needless to say Norwood Seastrand Vucanovich that the country may become involved it goes a step in the right direction in Nussle Sensenbrenner Waldholtz in disputes or armed conflict in neigh- saying that U.S. troops would be able Oxley Shadegg Walker boring countries in that region. Packard Shaw Walsh to serve under a military commander Pallone Shays Wamp I would hope that the majority will of NATO, in a NATO operation. Paxon Shuster Watts (OK) accept this amendment. We have dis- I think that at a time when we are Petri Skeen Weldon (FL) cussed it. Pombo Smith (MI) Weldon (PA) talking about expanding NATO we Porter Smith (NJ) Weller The CHAIRMAN. Does any Member ought to respect it. Portman Smith (TX) White seek time in opposition? I wanted to say, Mr. Chairman, that Pryce Smith (WA) Whitfield Mr. GILMAN. Mr. Chairman, the ma- the process really is terrible, it is ter- Quillen Solomon Wicker jority is prepared to accept the gentle- Quinn Souder Young (AK) rible because we have to operate under Radanovich Spence Young (FL) man’s amendment to title VI regarding this majority-imposed ridiculous 10- Ramstad Stearns Zeliff NATO. The information requested from hour constraint and it is terrible, Regula Stockman Zimmer the administration will be useful to the frankly, because some people on this Riggs Stump committee and the Congress in deter- Roberts Talent side of the aisle were unhelpful and less mining just how fast and under what than frank with me in terms of helping NOT VOTING—11 circumstances NATO should be ex- me to bring my amendment for a vote. Becerra Hastings (FL) Stark panded. However, in the 10 or so seconds I have Clay Lewis (GA) Thornton The CHAIRMAN. The question is the Ewing McHugh Wilson left, I want to say that the chairman amendment offered by the gentleman Green Roukema has tried his best and I appreciate the from Missouri [Mr. SKELTON]. b 1318 The amendment was agreed to fact he has worked with me to bring this amendment forward. The Clerk announced the following The CHAIRMAN. Under a previous If we did not have something like pair: order of the House today, it is in order this, we could not have had D-day, On this vote: for the consideration of the amend- ment of the gentleman from New York fought World War I or II or Desert Mr. Lewis of Georgia for, with Mr. McHugh Storm, and that is why I think the against. [Mr. ENGEL]. AMENDMENT, AS MODIFIED, OFFERED BY MR. amendment is a step in the right direc- Mr. EVANS changed his vote from tion. ‘‘aye’’ to ‘‘no.’’ ENGEL Mr. ENGEL. Mr. Chairman, pursuant Mr. GILMAN. Mr. Chairman, I yield Ms. HARMAN, Mr. NADLER, and Mr. such time as she may consume to the COOLEY changed their vote from ‘‘no’’ to the previous order, I offer an amend- ment, as modified. gentlewoman from Connecticut [Mrs. to ‘‘aye.’’ JOHNSON] for a colloquy. So the amendment was rejected. The Clerk read as follows: Amendment offered by Mr. ENGEL: Page 23, (Mrs. JOHNSON of Connecticut asked The result of the vote was announced and was given permission to revise and as above recorded. strike line 12 and insert the following: ‘‘(c) ADDITIONAL EXCEPTIONS.— extend her remarks.) The CHAIRMAN. Under a previous ‘‘(1) EXCEPTION FOR AUTHORIZATION BY Mrs. JOHNSON of Connecticut. In order of the House, it is now in order to LAW.— view of the tremendous progress to- consider the amendment of the gen- Page 23, after line 17, insert the following ward establishing democratic political new paragraph: tleman from Missouri [Mr. SKELTON]. institutions and market economies AMENDMENT OFFERED BY MR. SKELTON ‘‘(2) EXCEPTION FOR NATO OPERATIONS.— Subsection (a) shall not apply in the case of made by the Baltic States and their Mr. SKELTON. Mr. Chairman, I offer a proposed placement of any element of the keen interests in NATO memberships, I an amendment. armed forces in an operation conducted by want to clarify my understanding that The CHAIRMAN. The Clerk will des- the North Atlantic Treaty Organization. this bill in no way compromises their ignate the amendment. Page 31, strike line 8 and insert the follow- opportunity for future NATO member- The text of the amendment is as fol- ing: ship. lows: ‘‘(d) ADDITIONAL EXCEPTIONS.— ‘‘(1) EXCEPTION FOR AUTHORIZATION BY It is my understanding that today’s Amendment offered by Mr. SKELTON: Page LAW.— bill includes language recognizing the 73, line 15, strike the close quotation marks. Page 31, after line 14, insert the following transformation toward economic, po- Page 73, after line 15, insert the following new paragraph: litical, and military reform in Poland, new paragraphs: ‘‘(2) EXCEPTION FOR NATO OPERATIONS.— the Czech Republic, Slovakia, and Hun- ‘‘(5) The number, types, and costs of NATO Subsection (b) shall not apply in the case of armed forces that would be required to de- gary. These states have taken the nec- a proposed placement of any element of the essary steps toward democratic re- fend the country and the number, types, and armed forces in an operation conducted by costs of United States Armed Forces that the North Atlantic Treaty Organization. forms and I support the recognition of would be required as part of such a NATO their efforts and continued U.S. assist- Mr. GILMAN (during the reading). force. ance. Mr. Chairman, I ask unanimous con- ‘‘(6) Whether the United States is prepared Mr. GILMAN. The gentlewoman is to provide a nuclear guarantee to the coun- sent that the amendment be considered absolutely correct. try. as read and printed in the RECORD. ‘‘(7) The likelihood that the country may The CHAIRMAN. Is there objection Mrs. JOHNSON of Connecticut. I become involved in disputes or armed con- to the request of the gentleman from thank the gentleman. flict with neighboring countries in the re- New York? The expansion of NATO will foster contin- gion.’’. There was no objection. ued economic growth and political stability in The CHAIRMAN. Under a previous these regions. Moreover, the declining de- order of the House, the gentleman from b 1320 fense budgets of European and American Missouri [Mr. SKELTON] will be recog- The CHAIRMAN. Pursuant to a pre- forces necessitate expansion of the NATO se- nized for 1 minute, and a Member op- vious order of the House, the gen- curity umbrella and the military cooperation it posed will be recognized for 1 minute. tleman from New York [Mr. ENGEL] is fosters. The Chair recognizes the gentleman recognized for 1 minute. It is also my understanding that this bill au- from Missouri [Mr. SKELTON]. Mr. ENGEL. Mr. Chairman, I have thorizes the President to designate ``other Eu- Mr. SKELTON. Mr. Chairman, my been troubled by the fact that this bill ropean countries emerging from communist amendment would add a section to 604 would prohibit U.S. troops from serv- domination'' who might receive assistance. requiring the President to assess the ing under a military commander from Title VI of H.R. 872 specifically designates the number, types, and costs of NATO a NATO country. The NATO alliance is Baltic States of Estonia, Latvia, and Lithuania February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1881 as eligible to be considered for future NATO the time that I have been here and be- foreign and defense policy that has membership. These countries will be required fore, this has been a country, this has made the American people secure. It is to continue to develop their democratic politi- been a House of Representatives that not about campaigns. It is about our cal structures, market economies, and military could find its way to support a biparti- conscience, and if we allow that con- reforms while contributing to the security of san internationalist foreign and de- science to be dictated by opinion polls, the North Atlantic area. fense policy for our country. if we allow it to be bought and sold for To date, the Baltic States have made signifi- I think back to the 1920’s when there votes, then God help this Congress and cant progress in these areas. Estonia, Latvia, were isolationists in both parties, but God help this United States of Amer- and Lithuania all have progressed toward America finally rejected isolationism ica. democratic institutions by adopting Western- and fought World War II, and after The CHAIRMAN. The Chair recog- style constitutions and holding free and fair World War II came together in the nizes the majority leader, the gen- elections. In addition, these states have greatest act of compassion in the tleman from Texas [Mr. ARMEY]. moved toward a market economy by following world, and sensibility, and supported Mr. ARMEY. Mr. Chairman, ladies tight fiscal and monetary policies, creating the Marshal Plan. Republicans and and gentlemen, yes, this has been an strong currencies, and moving toward privat- Democrats together. important bill. It has been an impor- We formed the United Nations, ization of housing, small businesses, and in- tant debate. whereas in the early part of the cen- dustry. It has not been the most important tury we decided we did not want the Estonia, Latvia, and Lithuania also con- bill, nor the most important debate on League of Nations and backed out of stitute the Baltic Peacekeeping Battalion. This this Nation’s role in protecting the the world after World War II and in a force is currently receiving assistance from the peace and freedom and dignity of na- bipartisan way we created a multilat- U.S. Military and should be operational for se- tions as well as ourselves across the curity and mutual defense by 1996. As mem- eral action for world peace. After the Marshal Plan and the Unit- globe. In the 10 years I have been here, bers of the Partnership of Peace, these states I have seen more exciting debate. I hope to maintain cooperation in the areas of ed Nations, we fought a cold war for 45 years, and together, Republicans, have seen more fitful differences of defense and peacekeeping while adopting opinion. I have seen more important NATO military hardware standards. Democrats, Americans, we stayed in- volved as the leader of this world and and more immediate and more pressing Further, the Baltic States have been admit- issues with extraordinarily more sharp- ted to the Conference on Security and Co- rejected isolationism, rejected pulling back into our borders, rejected the idea ly divided and heartfelt differences of operation in Europe [CSCE] and the United opinion. The debate we had for so many Nations. Besides being members of the Inter- that we could be self-sufficient, alone in this world. years over Nicaragua, for example, national Monetary Fund [IMF] and the Euro- comes to mind. pean Bank for Reconstruction and Develop- The crowning achievement of these It has been a strange debate. People ment [EBRD], the Baltic States hope soon to years was no matter how much we have been lining up in positions that be members of the European Union [EU], with squabbled about our internal domestic we have not been accustomed to seeing which they have free-trade agreements. policies, when it came to the shores of them in over these past few years. I am pleased with the language of H.R. 872 the United States we came together, There is no need to hyperbolize this. regarding the expansion of the North Atlantic and we decided together with the This is not this Congress’ last word. Treaty Organization. This provides the United American people what our policy would This is not the last word on defense of States a historic opportunity to ensure future be. this session of Congress. There will be regional security by taking appropriate actions I believe that if this bill passes today we put all of that history, all of that a defense authorization bill later. now. We can no longer adhere to lines drawn partnership, and all of that progress at What is this bill about today within during the cold war. NATO expansion and ad- risk. missions will lend stability to the entire region, this contract period? It’s a course cor- When you try to politicize the ac- promote U.S. interests, and provide security rection. It is a statement by this Con- tions of the United Nations and our re- against a possible resurgence of nationalism. gress that, yes, we, too, have heard the lationship with the United Nations, I thank the gentleman from New York for voices of the American people. These when you strain to reinvent a cold war entering into this colloquy with me and am voices have said it is necessary to this that no longer exists, when you politi- glad that we were able to clarify this important Nation and to this world for this Na- cize NATO and who should be in NATO, issue. tion to have a strong, independent, and and who should be out, and who should Mr. GILMAN. Mr. Chairman, the ma- able defense—first and foremost of its decide it, when you politicize the deci- jority is prepared to accept the gentle- own national interest and then also, sions in NATO between the Congress man’s amendment to title VI regarding and importantly, the interest of peace and the President, and when you politi- NATO. and freedom across the globe. It is im- cize arms control and try to reinvent The CHAIRMAN. All time has ex- portant that this Nation’s strong de- nostalgically a weapon system that fense be deployed when necessary in pired. may have been appropriate 10, 15 years The question is on the amendment, support of our NATO allies—and even ago but is not appropriate to the to the U.N. peacekeeping efforts—but as modified, offered by the gentleman threats we meet today, then you put at from New York [Mr. ENGEL]. they must be deployed in a balanced, risk all of that progress, all of that thoughtful way, and never, never when The amendment as modified was achievement which is the crowning agreed to. the interests of this Nation, nor the achievement of our country. safety and security of this Nation’s Mr. GILMAN. Mr. Chairman, I yield Theodore Roosevelt once said we troops, are made subservient to some back the balance of my time. have no choice, we the people of the other cause. The CHAIRMAN. The minority lead- United States, as to whether we shall It is a mid-course correction that er is recognized for 3 minutes. play a great part in the world. That has recognizes that this Nation is and must (Mr. GEPHARDT asked and was been decided for us by fate, by the given permission to revise and extend march of events. All that we can decide be the world’s champion for democ- his remarks.) is whether we play it well, or ill. racy, the world’s guardian against ty- Mr. GEPHARDT. Mr. Chairman, I rants, in concert with alliance with the rise today in disappointment and sor- b 1330 United Nations at times, NATO at row that this bill which I think is ter- My friends in the House, I think if times, and other nations in the world ribly ill-advised will be passed by our this bill passes, we will play it ill and and other theaters in the world. House of Representatives. not well. It is a bill that says this Nation has I have served in this House for 18 This bill is not about campaigns and a duty even in the post-cold-war era to years and I have witnessed the fiercest about pollsters and what may achieve recognize new and different kinds of debates on both domestic and foreign some more votes or some more popu- threats and to be ready and able to policy. But I have seen that even larity among some in the country or in change deployment schemes. though we have differed sometimes on the world. It is about our conscience. It This is a good bill. It is a bill that foreign and defense policy, that for all is about our achievement together of a has enjoyed the jurisdiction of three of H 1882 CONGRESSIONAL RECORD — HOUSE February 16, 1995 our most important committees. It has rect our billion dollar star wars budget to here fined threats that realistically may occur. Al- had thoughtful debate. It has had at home where it is needed the most. lowing Congress to undermine the President's thoughtful markup. It does deserve our And finally, Mr. Chairman, this bill is head- position as world leader subjects us to the thoughtful consideration, and it does ing directly for a Presidential veto because it kind of divisiveness that makes effective for- deserve our vote. completely destroys our current military oper- eign policy decision-making impossible. While I am saddened to see even the intimi- ation system which allows the President to re- not every foreign policy decision may be uni- dation by anybody in the debate that spond quickly to threatening situations. I urge versally supported, the current checks and this is a political effort. This is a seri- my colleagues to join me in rejecting this ill- balances serve adequately to preserve our ous effort and an effort that has com- prepared bill and voting against H.R. 7. ability to act responsibly when needed. manded the serious attention of the Mr. LIPINSKI. Mr. Chairman, passage of the Now that we have shown the foresight not people on those committees that have Durbin, Lipinski, Gilman, Knollenberg amend- to once again take the path to frivolous de- taken their most serious professional ment will encourage stability in Central Eu- fense spending with the reinvention of the star commitment to the task. Their work rope. As written, H.R. 7 mentions only the wars missile defense system, let us also reject product needs to be respected. Their visegrad nations. We need to make it clear a return to isolationist policy centered on motives need to be understood to be de- that other European countries emerging from imaginary fears and insecurity. Our true na- cent and honorable motives. The prod- communist domination should receive assist- tional security interest lies in our ability to as- uct is important to reaffirm Congress’ ance and be welcomed into NATO when they sert our leadership and to focus our defense standing with the American people, for meet appropriate standards. dollars on combat readiness. To be successful us to say to America at this time, Expressing an interest in having these coun- in dealing with the end of the cold war, we ‘‘Yes, we agree, and we understand tries join NATO one day will create stability need to look to the futureÐnot to the past. what you have told us.’’ The Nation and provide for the growth of democracy and Mr. SMITH of New Jersey. Mr. Chairman, I has gone too far in the direction of economic prosperity. We will be encouraging rise today to voice my strong support for the globalism and has lost sight of its es- these countries to expedite the promotion of provisions of the pending legislation which sential footing, and we intend to cor- democratic principles within their respective squarely addresses the issue of NATO expan- rect that before we go on to the larger governments. It follows that a less volitle politi- sion. At the outset let me dispel the notion that task of this year’s defense authoriza- cal environment will provide fertile ground for this section would somehow hamstring the ad- tions and appropriations bills. foreign investors. ministration's foreign policyÐassuming it has I want to give my best regards to and With the end of the cold war, the United one. Nothing in the National Security Revital- appreciation for all three of the com- States is the largest single investor in this part ization Act mandates NATO membership for mittees of jurisdiction. I want to thank of the world. Our investment creates employ- any country or group of countries. Changes in everybody who has participated in the ment and encourages stability and the the membership of NATO are determined on debate. I want to appreciate everybody strengthening of democracy. the basis of consensus among the Alliance's for their different point of view at By assisting our friends in Central Europe, member states as stipulated under article X of times, and ask my colleagues, vote for we will bring continued stability and prosperity the North Atlantic Treaty, a point reaffirmed in this product, reaffirm our standing in Western Europe, and thus secure United the pending legislation and known to Members with the American people. States interests in all of Europe. on both sides of the aisle. Mrs. COLLINS of Illinois. Mr. Chairman, in Mr. FAZIO of California. Mr. Chairman: Yes- The crux of the matter is how best to con- the words of our former President, here we go terday the House of Representatives reversed solidate and build upon the fundamental politi- again. Believe it or not, after spending billions course on resurrecting the star wars anti-mis- cal changes which have occurred in many of of dollars on a defense system with question- sile defense system, demonstrating clearly the countries of central Europe, the Baltics, able results, the Republicans are now asking how out of step the Republican contract is and some of the New Independent States of that we immediately build up a new arsenal to with the views of the American public. This the former Soviet Union. On the security front, fend off who? Darth Vader? The star wars misguided effort to further bankrupt our de- a veritable no-man's-land has emerged be- missile defense system made a modicum of fense coffers with wasteful spending simply re- tween Germany and Russia following the de- sense when we were worried that the Soviet flects failed policies of the past rather than a mise of the Warsaw Pact, and the ensuing Union would launch missiles against us. But fresh vision for the future. moves toward democracy and market econ- now, with the Soviet Union disintegrated and Little acknowledgement is given in this omy by many in the region. no other significant long-range ballistic missile measure for the changing world view we face The Clinton administration, like the one be- threat existing, I cannot fathom why we should and the types of regional conflicts likely to fore it, has been slow to move to fill this vacu- direct millions of Federal dollars toward this arise. With the end of the cold war we need um. Mr. Chairman, this has been a source of far-out defense system. to reevaluate the role of the United States as great consternation to the emerging democ- Thousands of families in my congressional a world leader and the types of alliances that racies of the region, who rightly view it as a district desperately need improved schools, will support our efforts abroad. This bill choos- source of potential instability. I think my col- housing, job training, and so forth. Over half of es to relinquish our involvement with strategi- leagues would agree that the Partnership for the public schoolbuildings in Chicago were cally important allies that in the past have fos- Peace initiative, launched by the administra- built before World War II and 15 percent were tered political and economic as well as military tion a year ago, has failed to fill this void. built before the turn of the century. And yet cooperation. An unfounded fear of United Na- The National Security Revitalization Act pro- there is no funding for our children, our future? tions control of American forces belies the fact vides a reasonable framework for addressing Mr. Speaker, I simply cannot accept the whim- that since World War I the President has only these concerns consistent with U.S. interests sy explanations offered by the other side of on occasion allowed purely operational con- in ensuring stability in Europe. It lists a variety the aisle for promoting this over-the-top star trolÐnot military commandÐof U.S. troops by of criteria, such as respect for democratic prin- wars system. a foreign commander. ciples and human rights enshrined in the Hel- Even worse, Mr. Chairman, is that this bill Now more than ever the United States has sinki Final Act, against which to evaluate the calls for the reestablishment of the budget fire- an obligation and an opportunity to promote suitability of prospective candidates for NATO walls between defense and domestic spend- peace and democracy world-wide. This effort membership. In addition, it establishes a pro- ing. This means that should we one day real- to hamstring and second guess the Presi- gram to provide the emerging democracies ize that our priorities are completely distorted, dent's authority as Commander in Chief is not with the necessary tools to facilitate their tran- our hands will be tied. Should we one day re- only short-sighted but dangerous. Asking the sition to full NATO membership, which, as I gret that we are spending billions of dollars to President to jump through hoops in order to pointed out earlier, will ultimately be up to the fight off fictional foes that never materialize, execute vital military actions diminishes the current members to decide. we will be hamstrung. When we finally take a U.S. stature as a world power and jeopardizes Given the broad range of our political, eco- look around and realize that teenagers are the effectiveness of our foreign policy. nomic, and security interests in Europe, being shot in the streets, families are working Times have changed and a return to isola- strengthening new free markets and democ- full time and still aren't able to climb out of tionism and a star-based missile defense sys- racies in that region benefits the United poverty and young children are attending piti- tem is a return to foreign policy based on fear States. Two of the most prominent members fully under-funded schools with almost no rather than readiness. Let us take advantage of the foreign policy establishment, Henry Kis- chance to afford a college education, it will of the fall of the Soviet Union to make the kind singer and Zbigniew Brzezinski, are ardent simply be too bad. We will not be able to redi- of changes which prepare us against the rede- supporters of the timely expansion of NATO. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1883 Kissinger sees the existing vacuum as a transition to democracy. On the contrary, I be- reaffirming its commitment to a strong national threat not only NATO cohesion but the very lieve that NATO membership, and the integra- defense. existence of NATO as a meaningful institution. tion and cooperation with Western countries it The world is a changing place, Mr. Chair- ``NATO expansion,'' he observed, ``represents entails, increases the opportunities for ad- man. If you had told me 15 years ago that the a balancing of two conflicting considerations: dressing outstanding concerns. There are, in Soviet Union would be dissolved and the Ber- the fear of alienating Russia against the dan- fact, specific areas where I believe the United lin Wall would vanish by the 1990's, I certainly ger of creating a vacuum in central Europe States should weight in to seek further reform. would have had trouble accepting your claims. * * *.'' ``A wise policy,'' he counsels, ``would As Chairman of the Helsinki Commission, I am However, as time passed on during the proceed with membership for the Visegrad very much aware of need for further progress eighties, our late nemesis, the Soviet Union, countries [Poland, Hungary, the Czech Repub- in these and other countries in the region. I eventually splintered and the Berlin Wall was lic, and Slovakia] and reject a Russian veto.'' believe the Czech citizenship law, for exam- reduced to dust. Since the Soviet Union has Dr. Kissinger concluded, ``NATO cannot long ple, is deeply flawed and should be amended; been disintegrated, we have discovered other survive if the borders it protects are not threat- the newest Slovak government has signaled in situations and crises in the realm of foreign af- ened while it refuses to protect the borders of word its commitment to continuing reform, but fairs. Within the last 4 years, there have been adjoining countries that do feel threatened.'' has yet to follow through in many specific crises with nations such as Kuwait, Bosnia, Brzezinski recently urged NATO to formally areas where reform has been slow or alto- Somalia, Haiti, Korea, and Rwanda which declare its ``criteria for expansion and indicate gether lacking thus far, and the Hungarian have required the aid, in one form or another, which countries appear to meet them. This government would do well to lead by example of the United States. would end the counterproductive debates with in improving its relations with many of its This example alone should serve as a re- Russia over whether NATO should expand. neighbors. minder to my colleagues that our planet is in The longer this step is delayed, the more vo- Mr. Chairman, nothing in the pending legis- a constant state of evolution and flux. Events ciferous Moscow's objections are likely to be.'' lation diminished the fact that each candidate happen which cause the world to be some- Mr. Chairman, this is precisely the purpose will be individually judged on its own merits on times turbulent and volatile and it is up to our of title VI of the National Security Revitaliza- a case-by-case basis. Nation to take the lead. With this in mind, it is tion Act. It is also instructive to recall that this is not important that our country stay in its position Rather than dodging the issue of NATO ex- pansion, as it has largely done to date, the the first expansion of NATO. In 1952 Greece of strength and leadership within the world Clinton administration, should move on the and Turkey acceded to the North Atlantic community while protecting our own national membership issue before more time is lost. Treaty joining the 12 NATO countries in com- interests. But that requires leadership. We must seize mon security system. The Federal Republic of Mr. Chairman, I believe H.R. 7, the National upon today's opportunities which could be Germany joined the Alliance in 1955 and in Security Revitalization Act, is a measure which gone tomorrow. A steady and deliberate 1982, Spain also became a member of NATO. our body should adopt to achieve these pur- course of action is one thing, obfuscation, Besides its contribution to collective security in poses. which has characterized the Clinton adminis- Europe, NATO has served as an important ve- The National Security Revitalization Act has tration's approach to date is another. hicle for bolstering democracy among its been written to refocus the priorities of our Russia, perhaps sensing a certain timidity members as these cases demonstrate. military so it may keep in step with a world within the administration, has sought to block Finally, critics assert that the course we that is constantly changing. NATO expansion. It is instructive to recall that have proposed could lead to instability in Eu- H.R. 7 would direct the leaders of our Na- the Soviet Union vehemently opposed German rope. Mr. Chairman, one thing is clear: contin- tion to address questions and situations which membership in NATO in 1955 and attempted ued ambiguity and foot-dragging will not en- should have been dealt with during the past to deny unified Germany's continued participa- hance European security but will, as Kissinger several years. For example, H.R. 7 would di- tion in the Alliance. A democratic Russia has and Brzezinski point out, be counter- rect that the Department of Defense establish nothing to fear from a defensive alliance productive. The National Security Revitaliza- a comprehensive review of American defense founded on democratic principles. It would be tion Act, provides a much needed action plan needs by commissioning a bipartisan panel of foolhardy and dangerous, as Henry Kissinger for seizing new opportunities as NATO and its independent defense experts to assess our rightly pointed out, to give Russia a veto over members face new challenges. Nation's military readiness, process and status NATO expansion. And, as Dr. Brzezinski ob- Given the implications for our own national of modernization, force structure, and strategic served, failure to act now will only make mat- security, the future of NATO demands our im- vision. Mr. Chairman, this commission will play ters worse. mediate attention. a most essential role in maintaining our secu- Our approach to NATO expansion is steady Mr. LAZIO of New York. Mr. Chairman, I am rity needs which are so vital to our Nation's and deliberate, not the sketchy and indecisive opposed to the amendment offered by the well-being. path proposed by some. gentleman from South Carolina [Mr. SPRATT]. This bill would also reassert our Nation's Some are critical of the fact that four coun- This bill does not actually authorize any commitment to an effective national missile triesÐPoland, Hungary, the Czech Republic, specific missile defense system. But this system to having the Department of Defense and SlovakiaÐare mentioned as leading can- amendment seeks to tie our hands despite cultivate and create mature ballistic missile de- didates for NATO membership at some point whatever technologies may develop. If there is fense systems in the future. American intel- in the near future. This reference is a testa- a problem with a particular missile defense ligence officers such as Lt. Gen. James Clap- ment to the great strides which these coun- system, the normal authorization and appro- per of the Defense Intelligence Agency and tries have, in fact, made since the fall of com- priation process is the proper forum for this Adm. William Stuedeman, the Acting Director munism. It neither ensures their membership type of program restriction. of the Central Intelligence Agency have alert- nor precludes others from joining. It does not, I am personally opposed to committing, at ed Congress to the possibility of a rogue re- as some claim, arbitrarily lock in advantages the present time, to a space-based antiballistic gime possessing the capability of attacking the from some countries. Instead of fostering com- missile defense system because we are not at United States with ballistic missiles toward the placency in these countries as some warn, the a point technologically where such a system end of this decade. With effective antimissile reference should serve as an incentive for makes sense. But it does make sense to con- defenses, I believe we can ensure basic pro- continued progress as those named should be tinue doing the research necessary to develop tection for the citizens of America. Mr. Chair- subjected to more, not less, scrutiny as they this important defense option. I am committed man, there may be chronic opponents of de- move toward membership in NATO. The ref- to making the necessary funding investment to fense spending who will complain that we are erence is simply an acknowledgement of the determine the feasibility of such a program. trying to create star wars II by implementing fact that reform in the region is uneven. Rath- This amendment is too restrictive and raises this part of H.R. 7. This is not true. What we er than serving as a discouragement, this concerns about whether this option could be are trying to do is build upon the technology should spur others to redouble their efforts if even explored. Congress needs to be very we have now and the vision of Clinton De- they are seriously interested in pursuing careful that we do not act in a precipitous way fense Secretary Perry who claims we can cre- NATO membership. which would preclude this research option. ate a ground-based missile system by the end Mr. Chairman, my endorsement of an ex- Therefore, I urge my colleagues to reject the of the decade at a reasonable price over 5 panded NATO should not be read as a failure Spratt amendment. years. I believe the Department of Defense to understand that each of the countries con- Mr. FRANKS of Connecticut. Mr. Chairman, should pursue this objective and I would sup- sidered here has residual problems with its I rise today in strong support to Congress port the Department's efforts. H 1884 CONGRESSIONAL RECORD — HOUSE February 16, 1995 H.R. 7 also addresses new guidelines for I would like to draw attention to the provi- agreement on this issue and eliminate this in- restrictions in regard to U.N. operations. In the sion that prohibits U.S. troops from being advertent but realistic effect of this bill. past, the American Ambassador to the United under U.N. or foreign command. The measure In the end, I believe H.R. 7 successfully en- Nations would make commitments to United is vital to our goal of maintaining the integrity hances the national security of the United Nations without either the House or Senate of our military force. As Speaker Gingrich States in a balanced and appropriate manner. being consulted. Mr. Chairman, with H.R. 7, noted: ``We invest a lot of money in the best It affirms our commitment to a strong, modern we state that before we send our troops under command and control, the best communica- defense force and properly limits our role in the command of the United Nations, the Presi- tions and the best training in the world * * *. United Nations operations. I commend Chair- dent must make it clear to both Houses that When you take a unit from that level of speed man SPENCE and Chairman GILMAN for their the U.N. operation is vital to our own interests, and effectiveness and you reduce it by putting good work on this legislation. that the commander of the American forces be them under the command of somebody who Mr. BEREUTER. Mr. Chairman, this Mem- allowed to report to our own Nation's military has never practiced the tempo and complexity ber would take this opportunity to explain the authorities and decline to partake in actions of American operations, you are raising the two Bereuter amendments to title V of H.R. which he may deem to be illegal, imprudent or risk of young Americans getting killed * * *.'' 872, the National Security Restoration Act, beyond what the U.N. mission is supposed to The missile defense provisions in the bill that were accepted under unanimous consent do. Also, this bill also dictates that American have precipitated a significant amount of de- during yesterday's debate. forces will remain under American administra- bate, and, I'm afraid, a fair amount of mis- The first of these amendments addresses tive command. Mr. Chairman, our troops have understanding. The original language in the been trained by American commanders in the bill states that ``it shall be U.S. policy to deploy concerns raised about section 508 of the bill. ways of American military procedure with the at the earliest practical date an anti-ballistic This amendment deletes language that would best American military equipment available. I missile system'' to ensure the security of the prohibit the President from spending Depart- feel that it is in the interests of our Nation, our United States. Last night, the House properly ment of Defense funds on any operation that soldiers, and even the U.N. operation to enact rejected an amendment offered by Represent- was authorized by the U.N. Security Council the certain amount of autonomy and the cer- ative EDWARDS that would have prohibited the unless Congress specifically authorizes the tain amount of legislative and executive re- Department of Defense from deploying a mis- use of funds for that purpose. sponsibility as dictated by this bill. sile defense system that included space-based This body should know that section 508, as I also want to point out that H.R. 7 would interceptors. It is bad policy for Congress to tie drafted, would be an extraordinary limitation state that it should be the policy of the United the hands of DOD before giving the agency on the President as Commander in Chief. This States to include the former Soviet bloc na- the time to make recommendations to Con- limitation has its origins in what many on our tions Poland, Hungary, the Czech Republic, gress on how best to protect the American side of the aisle view as legitimate concerns and Slovakia as full members of the North At- people. By rejecting this amendment, Con- about the judgment of the current Commander lantic Treaty Organization [NATO]. Mr. Chair- gress has allowed for the opportunity for an in Chief, but that does not, ipso facto, mean man, by allowing these countries to join analysis of the effectiveness and costs of both that this body should limit the prerogatives of NATO, we will be able to help them to con- ground- and space-based systems before the Commander in Chief. If enacted, this stat- tinue their maturing into full-fledged democ- mandating which one should be deployed. ute would limit the actions of any future ad- racies. I opposed another amendment, offered by ministrationÐRepublican and Democrat alike. Mr. Chairman, H.R. 7 is not the ultimate Representative SPRATT, for largely the same There is a need to separate our understand- panacea in regard to our foreign affairs and reasons. The amendment requires that oper- able frustration about some policy decisions defense matters, as we will have to continue ational readiness and modernization of exist- made by this administration from the act of debate and consideration of these matters in ing forces take fiscal priority over developing legislating restrictions. our authorization and appropriation bills. Rath- and deploying an effective theater missile de- Constitutional questions have been raised. er, I feel that it is a responsible first step to- fense. Modernization of defenses is absolutely Can the legislative branch limit the actions of ward a sounder foreign policy and a sturdier necessary to maintain a reasonable level of the President as Commander in Chief by with- defense policy in a constantly changing world. readiness in the face of ever-improving offen- holding funds until a specific authorization has I urge my colleagues to support H.R. 7 and sive systems in regions of potential conflict, been approved? for decades, Members on oppose any amendments which can be such as North Korea and Iraq. The Spratt both sides of the aisle have complained about deemed as weakening the bill. amendment will tie the hands of our military in constitutional infringements through the War Mr. PORTMAN. Mr. Chairman, over the last ensuring such readiness. Unfortunately, the Powers Act and the Boland amendments. This several years, the world has changed dramati- Spratt amendment passed by a narrow margin cally, and with it, the role of the United States, of 218±212. body should be very careful about placing fur- as well as the activities required of the U.S. I should note that two important amend- ther limitations, however well intended. military to carry out that role. Since the break- ments were passed en bloc Wednesday night This body needs to be aware that crises do up of the Soviet Union and the end of the cold that I believe removed a flaw in an otherwise occasionally occur when Congress is not in war, United States defense policy has shifted sound approach to national security. These session. The President still must have the its primary, concentrated focus to a widely dis- amendments removed from H.R. 7 language flexibility to act as Commander in Chief after persed number of potential threats. At the that prohibits the use of defense funds to pay this body has recessed. same time, peacekeeping operations have the cost of participating in the U.N. peace- Lastly, section 508 reflects a genuine and greatly increased. Since 1988, the United keeping missions unless such action is specifi- bipartisan indignation regarding the manner in States has entered into 21 new peacekeeping cally authorized by Congress. I believe this which this administration went to the U.N. Se- missions compared to only 13 missions in the provision imposes unfair and counter- curity Council for approval of nonemergency previous 40 years. In light of these dramatic productive restrictions on the President as peacekeeping operations in Haiti without com- changes, it is necessary to redefine U.S. de- Commander in Chief, violating his constitu- ing to Congress for prior approval; nor did the fense and foreign policy. tionally granted powers. In certain situations, I Clinton administration come to Congress when In my view, H.R. 7 takes a sound and bal- believe it has been in our interests to move they escalated the humanitarian operation in anced approach to clarifying the new U.S. po- from unilateral occupation to a U.N. operation. Somalia into a peace-enforcement operation. sition in the world. It calls for a commission to For example, at the end of this month it is my But we should remember that this provision is evaluate U.S. defense needs and assess force understanding that in Haiti the United States not central to the Contract With America. structure, readiness, strategic vision, mod- command will become a U.N. peacekeeping Members on this side of the aisle should re- ernization, and personnel policies, requires the operation. We do not want to continue to oc- call that section 508 is not a part of the con- President to identify our national security inter- cupy Haiti. The shift to the United Nation is in tract document that many House Republicans ests before deploying United States troops, our national interest and gives us a way out. signed. The important peacekeeping provi- wisely restricts the ability of the Commander in The Bereuter amendments remove language sions of Contract With America deal with: Chief to place troops under foreign control or in the original bill that would have given the maintaining U.S. command of U.S. troops; command, promotes the expansion of NATO administration an incentive to maintain the uni- making sure the United States is no longer to to include fledgling democracies in Central lateral U.S. mission instead of moving to a be grossly exploited through exorbitant as- and Eastern Europe, and encourages the de- more sensible, cooperative effort with the Unit- sessments; and ensuring that the United ployment of a workable national missile de- ed Nation. I am pleased that my colleagues on States reimbursed for all of incremental costs fense system. both sides of the aisle were able to come to in our peacekeeping expenditures. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1885 We should not permit the very good peace- Mr. BENTSEN. Mr. Chairman, I will vote Today it is shameful that many U.S. troops keeping provisions in this legislation to be ob- against this bill because it infringes on the live in substandard housing and use food scured by raising this an unnecessary con- constitutional authority of the President to use stamps because they cannot stretch their pay stitutional question. Failing to address this the military command and control structure to cover even the most basic needs for their issue would leave the administration with a le- that is essential to our Nation's strategic inter- families. This does not contribute to military gitimate excuse for challenging the constitu- ests. readiness. tionality of this legislation and thereby justify- The bill's provision prohibiting the President We in Congress should demonstrate our in- ing a Presidential veto. from deploying U.S. troops in peacekeeping terest in funding military programs that benefit The second amendment that was approved operations without an explicit authorization by our troops and our military families. We want under unanimous consent addresses this Congress for such purpose is unacceptable our military dollars spent to keep our troops Member's concern regarding the level of reim- and quite possibly unconstitutional. Under ready in every way. bursements that nations should receive for such a provision, President Bush would not Mr. STOKES. Mr. Chairman, I rise in strong peacekeeping activities. have been able to deploy troops and equip- opposition to H.R. 7, the National Security Re- This Member raised the issue in committee, ment to Operation Desert Storm, President vitalization Act of 1995. While I am aware of seeking at that time to set U.S. policy on this Clinton would have been blocked from deploy- the current fashion in the Congress to in- matter. While both majority and minority gen- ing troops to Kuwait in 1994 to stop an Iraqi crease defense spending at the expense of erally expressed sympathy for my concern, threat, and even President Truman would our domestic programs, I am also mindful of this Member was persuaded by the argument have been prevented from sending troops to my duty as a Member of Congress to act in that it was not yet time to establish a new U.S. Korea in 1950. Such prohibitions would not the best interest of the people I represent and Government policy on reimbursement matters. have been in our strategic interest. in the best interest of the U.S. Constitution I But the problem remains. It is only proper By dictating how the President should con- have sworn to uphold. This shortsighted and that Congress understand the full extent of the duct foreign policy, the bill both micromanages rushed legislation will not only try to resurrect problem. Hence, the reporting requirement. U.S. actions and denies the President the cold war programs long not needed, but will We know how much the United Nations flexibility needed in times of crisis. endanger the delicate balance of domestic pays nations who supply peacekeepersÐ In the post-cold-war world, it remains essen- and defense spending. slightly over $980 per month for enlisted, and tial that the President retains his authority to The National Security Revitalization Act of around $1,300 for officers. It is also clear that establish command arrangements best suited 1995 that we are considering here today is some of the lesser developed nations that pro- completely out of balance. H.R. 7 seeks to to meet the needs of future operations. U.S. vide a higher proportion of the peacekeeping isolate the United States by restricting Ameri- troops will always and ultimately be under troops in many U.N. operations are paying ca's role in peace keeping operations, and U.S. command as per the Constitution. No their troops far less than this amountÐsome- misguidedly redirects billions of dollars to a Presidential action can change this fact. This times less than 10 percent of the U.N. person- star wars missile defense system whose time bill undermines the power of the President as nel paymentsÐin other words a 1,000 percent passed with the end of the cold war. It would Commander in Chief, and I cannot support it. mark up. be an abdication of congressional responsibil- Ms. BROWN of Florida. Mr. Chairman, H.R. The personnel payments, of course, don't ity if we support this legislation at the expense 7 is bad legislation and should be defeated. In go to the individual soldiersÐbut, yes, you of our most important efforts to improve the the stated opinion of DOD, H.R. 7 is ``dan- guessed it, to the treasury of the country quality of life for all Americans. gerous, wasteful, and unconstitutional.'' It is a sending that underpaid soldier. Mr. Chairman, there is no doubt that our It might be one thing if these nations were Republican tactic to provide ``defense welfare'' military if by far among the world's best. This plowing their reimbursements back into their for military contractors who seek lucrative was demonstrated by our leadership of inter- military to augment training. But this does not Government contracts. national forces during the war in the Gulf. appear to be the case. Rather, it would seem H.R. 7 is dangerous because it sacrifices Over the past 20 years, our military has un- that this is a case of take the money and run. American military readiness for star wars. It is dergone a massive undertaking to build a de- This is a poor reason to be involved in peace- a wasteful Republican effort to spend $30 to fense infrastructure which has allowed us to keeping operations. $40 billion on star wars at the price of military effectively provide an international show of We also have indications that the civilian readiness. These billions of dollars should be strength. managers and general-purpose police officers, spent to make life better for American families While I believe that we must maintain a international cops on the beat, attached to and for decreasing the deficit. H.R. 7 is a Re- strong military presence in an era of low inten- peacekeeping operations from some accounts publican boondoggle. sity global conflicts, I am an avid believer that are making obscene amounts of moneyÐover H.R. 7 is unconstitutional because it limits a healthy balance must be reached between $100,000 per year. the ability of the President of the United States domestic and defense spending. The impor- The International Relations Committee has to fulfill his constitutional role as Commander tance of striking this balance is especially true heard tales, which I have reason to believe in Chief of our military forces. It restricts his in light of recent world events such as the end are accurate, of mid-level civilian employees ability to utilize troops in a most effective man- of the cold war. Because of these changes in making six figure salaries, with an extraor- ner by limiting the amount the United States world politics, the United States is faced with dinary package of perks that would make even can spend on operations with the United Na- an unprecedented opportunity to redirect funds the most jaded individuals blush. tions. H.R. 7 cripples U.N. peacekeeping and to relieve problems here at home. Regrettably, I have concluded that it is pre- destroys the idea of collective security. If H.R. Contrary to the arguments that have been mature, in H.R. 7, to set U.S. policy on these 7 had been law during Desert Storm, America made by the supporters of H.R. 7, President issues until this body has the facts, but it is would have been prevented from successfully Clinton has proposed a budget that reason- entirely appropriate to expect to receive the deploying necessary troops. ably addresses the defense needs of this Na- facts so that we can strenuously demand re- If America insists on spending countless bil- tion. President Clinton's fiscal year 1996 de- forms. This amendment requires the Secretary lions on star wars at the expense of our fense budget, which is strongly supported by of State to present these facts. troops, if America retreats from global eco- the Pentagon, has two key initiatives: En- The United Nations probably may object to nomic and military cooperation, if America re- hancement of military readiness, and improve- supplying some of this information. After all, fuses to feed, educate, and house her own ment of quality of life for our men and women some at the United Nations and certainly troops and citizens at riskÐthe children, the in uniform and their families. The ironic truth some member nation may find it to be in their sick, and the elderlyÐa bankrupt America will about H.R. 7 is that it will actually weaken our interest to keep us in the dark as to how our fall into economic and social ruin. national defense. The bill directs massive peacekeeping dollars are being spent. For years, respected Members of Congress, amounts of defense dollars to a star wars mis- But the United StatesÐindeed any nationÐ such as former Congressman Charles Bennett sile defense system that will certainly under- should be able to get such information from who represented Jacksonville, have opposed mine the more legitimate funding goals out- the United Nations. funding for star wars. These Members be- lined in the President's budget. Again, this amendment is a vehicle to re- lieved that troop readiness was a top priority. Mr. Chairman, I have always been in favor quire this information and to ask our Govern- Their efforts were focused on conventional of a balanced approach to our domestic and ment to recommend the kind of reforms it will warfare requirements and on providing all that foreign affairs interests, and the Constitution's push in the United Nations or which we in the was necessary for our troops to perform their separation of powers. H.R. 7 requires that Congress can demand next year. duties with excellence. U.S. Forces may not be placed under control H 1886 CONGRESSIONAL RECORD — HOUSE February 16, 1995 of any foreign commander. Such actions Some argue that this legislation will ham- from their primary missions of defending the would effectively end U.S. involvement in mul- string the President's ability to act as Com- United States, its citizens and its territory; tilateral peacekeeping operations. This is con- mander in Chief. This is simply not true. My Whereas, by permitting U.S. military forces to operate under the orders of any trary to the principle of separation of powers proposal, included in H.R. 7, requires the international organization, these forces and the clear language of the Constitution. President to certify to Congress that such for- could find themselves executing military op- The Constitution permits the President as eign operational control is necessary to protect erations which are not in the national inter- Commander in Chief of the U.S. Armed vital national security interests of the United est of the United States; and Forces the power to place U.S. Forces under States. The President must provide Congress Whereas, we believe the American people the operational control of other nations' mili- with a report setting forth the following: a de- will not support the deployment of American tary leaders for United Nations operations. scription of the interest that requires placing soldiers, sailors, airmen, Marines and Coast Guardsmen in dangerous, life-threatening Mr. Chairman, I think it is important for me U.S. troops under foreign operational control; missions that do affect the security of the to point out that under the current congres- the mission and objectives of the U.S. Armed United States, its citizens or its territory; sional leadership, U.S. policy has taken a di- Forces, and an estimate of the duration they Now, therefore, be it: rection that will adversely affect the essence will serve under such foreign operational con- Be it resolved, by the 95th National Con- of each and every one of our lives. The major- trol; the expected size and composition our vention of the Veterans of Foreign Wars of ity party's plan ignores quality of human life forces involved; the cost of U.S. participation the United States, that we oppose any play or directive placing U.S. military forces questions, and in order to finance additional in the proposed operation; the precise com- mand and control relationship between the under the command of foreign military offi- military spending, we have been expected cers including those who are operating exclu- time and time again to sacrifice already sub- U.S. forces and the United Nations; and the sively under orders from the United Nations; stantially depleted health, housing, education, extent to which the U.S. forces will rely on and and employment budgets. non-U.S. military forces for security and self- Be it further resolved, that Congress be As opposed to spending billions of dollars to defense and an assessment of the ability of urged to examine Presidential Decision Di- immunize American children, revitalize our those forces to provide adequate security to rective 25 to determine if any constitutional the U.S. forces involved. authority has been misused, and if so, to find urban centers, provide jobs to the jobless or an appropriate remedy. homes for the homeless, this bill seeks to di- In addition to being unconstitutional, Mr. vert funds from these essential services to Speaker, putting U.S. troops under U.N. con- Mr. SMITH of New Jersey. Mr. Chairman, recent events in Somalia and elsewhere have fund star wars and other unworkable initia- trol can be very dangerous as the Clinton ad- raised serious questions about when, if ever, tives. H.R. 7 is an essential part of the Repub- ministration learned in Somalia. members of the United States Armed Forces lican strategy to force through a series of bills Last, I would include a letter I received from should be commanded not by fellow Ameri- that will gut the chances for many Americans the commander in chief of the Veterans of cans but by officials of the United Nations. to live the American dream. Foreign Wars of the United States, Mr. Allen The surrender of command and control may A review of the Contract With America's F. ``Gunner'' Kent. His outstanding organiza- set a precedent for further diminution of Amer- plan to slash domestic discretionary programs tion supports inclusion of my proposal in H.R. ican sovereignty, at a time when most Ameri- reveals that many programs serving the most 7, as do millions of people across the country. cans believe that too many decisions affecting needy will be cut. Legislation such as H.R. 7, Mr. Chairman, I urge my colleagues to sup- port H.R. 7. their lives are already made by unaccountable would result in defense spending on Reagan institutions in faraway places. era star wars gimmicks. This misdirection of VETERANS OF FOREIGN WARS OF THE UNITED STATES, I share these concerns. They are reflected funds would greatly harm the American peo- Washington, DC, February 2, 1995. and addressed in sections 401 and 402 of the ple, the strength of our Nation's defense and Hon. JOHN T. DOOLITTLE, National Security Revitalization Act, relating to the future of our Nation. House of Representatives, Washington, DC. command and control of U.S. forces. Mr. Chairman, in closing, I would like to say DEAR MR. DOOLITTLE: On behalf of the 2.1 Let us make some crucial distinctions. that while the pursuit of peace is a noble and million members of the Veterans of Foreign Wars of the U.S., I want to endorse your pro- First, this legislation would not interfere with necessary objective, it is no easy taskÐespe- U.S. participation in multinational military ef- cially when certain Members of Congress are posed legislation, H.R. 631 which would limit the placing of U.S. military forces under forts. Such efforts have a long and honorable determined to promote antiquated notions left command of foreign officers acting for the history in U.S. foreign policy. For instance, in over from the cold war. This legislation clearly United Nations. World War I some 2 million Americans served reflects the new majority's desire to sacrifice At our 95th National Convention last Au- under the ultimate direction of a great French the domestic interests of the American people gust, this issue was considered and the dele- general, Marshall Ferdinand Foch. In World in pursuit of isolationism and star wars. gates overwhelmingly approved VFW Resolu- War II, American units worked under British Mr. DOOLITTLE. Mr. Chairman, I rise in tion 437 opposing U.S. forces under foreign command. I have enclosed a copy of this res- commanders in Italy, in Normandy, and in the support of H.R. 7, the National Security Revi- China-Burma-India theatre of operations. In talization Act. I think this legislation is an im- olution for your information and use. Also I would urge you and the Congress to the post-war era several multilateral peace- portant step toward restoring America's rep- examine Presidential Decision Directive 25 keeping operations, including some under utation as a superpower. In addition, this legis- to determine if Constitutional authority has United Nations auspices, have included U.S. lation preserves our ability and reaffirms our been misused and if so, to find an appro- Armed Forces under the temporary and limited intent to defend America's national security in- priate remedy. operational control of foreign officers. It is a terests around the globe. If the VFW can be of any assistance or sup- dramatically different matter however, to take port in moving H.R. 631 to passage, please Mr. Chairman, I am especially glad that H.R. the step that has been the subject of recent 7 includes language restricting the placement feel free to contact our Washington Office Executive Director Bob Currieo at the earli- discussion: that the United States should con- of U.S. troops under the control of foreign na- est opportunity. tribute its soldiers to a standing U.N. army tionals acting on behalf of the United Nations. Sincerely, whose commanders, whatever their own na- The language included in H.R. 7 is almost ALLEN F. ‘‘GUNNER’’ KENT, tional origins, are part of the command struc- identical to a bill I introduced last year (H.R. Commander in Chief. ture of the United Nations itself. 3334), and reintroduced again this year (H.R. Enclosure. It is important to note that sections 401 and 631). RESOLUTION NO. 437—OPPOSE U.S. FORCES 402 allow the President substantial flexibility to I strongly believe this legislation is nec- UNDER FOREIGN COMMAND act in the national interest. They do not abso- essary in order to counter the Clinton adminis- Whereas, Presidential Decision Directive lutely prohibit the President from placing U.S. tration's proposed policy directives that would 25 states as follows: ‘‘The President retains forces under the command or control of for- allow U.S. military forces to be placed under and will never relinquish command author- eign commanders in U.N. operations, or even foreign command, on a regular basis, for U.N. ity over U.S. forces. On a case by case basis, under the command and control of the United peacekeeping operations. the President will consider placing appro- Nations itself. Rather, they simply require the Mr. Chairman, the people in my district, es- priate U.S. forces under the operational con- President to explain the necessity of such ar- pecially the war veterans, demand that when trol of a competent U.N. Commander for spe- cific U.N. operations authorized by the Secu- rangements, and to assure the Congress that we send our young men and women overseas rity Council; United States officers involved in the operation to battle that they will do so under the Amer- Whereas, if U.S. military forces were to be will retain sufficient authority to protect their ican flag, not the blue helmet of the United placed under foreign command (as they now forces and to prevent them from being used il- Nations. are in Macedonia) they could be removed legally or inconsistently with the terms of the February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1887 U.S. mandate. The requirement of advance One flag in front of the U.N. building does ponent of military readiness) and insert the certification by the President may be waived in fly higher than the national flags: the flag of following: an emergency. Finally, the requirements of the United Nations itself. This signifies that in Section 204. Readiness Certification. sections 401 and 402 did not apply at all to joining together to form the United Nations, Of the total amount of funds appropriated specifically authorized by law. So, in effect, the sovereign member states have recognized or otherwise made available for the Depart- ment of Defense for fiscal year 1996, the Congress can waive the reporting require- that the ideals of human rights, peace, and co- amount obligated for national missile de- ments of sections 401 and 402 whenever it operation for which the United Nations stands fense programs may not exceed the amount discerns an emergency that makes this pru- may in some circumstances transcend na- made available for national missile defense dent. tional sovereignty itself. programs for fiscal year 1995 until the Sec- The role of U.S. troops in U.N. operations is Even a limited surrender of sovereignty, retary of Defense certifies to the Congress steadily expanding. A year ago we had 15 however, is fraught with risks. One of those that the armed forces are properly sized, troops in the post-Desert Storm U.N. peace- risks is that this great international body equipped, housed, and structured and are keeping operation in Iraq, 29 in the Western whose flag flies higher than the others may ready to carry out the assigned missions as Sahara, 647 in former Yugoslavia, 33 in Cam- someday cease to be the instrument of its required by the national military strategy. bodia, and almost 2,000 in Somalia. Some of member nations and become instead master The SPEAKER pro tempore. The these operations have prevented bloodshed. of their policiesÐand increasingly of their des- Chair recognizes the gentleman from The Somalia operation, which began as a tinies. Missouri [Mr. SKELTON] for 5 minutes. genuine peacekeeping effort, was somehow American participation in multinational mili- Mr. SKELTON. Mr. Speaker, I rise allowed to become a war. It then claimed the tary operations is, has been, and will remain with this motion to recommit with in- lives of 26 Americans. a sound policy option for particular cases. But structions with a heavy heart. I do so Sections 401 and 402 achieve a balance American participation in the standing armies with the background, Mr. Speaker, of between the need to protect U.S. sovereignty of another powerÐespecially a power that having stood with my friends on the and the need to give the President the nec- claims to supersede that of the United other side of the aisle, lo, those many essary flexibility for handling international cri- StatesÐis an abdication of our sovereignty times in the cause of national defense. ses. Section (a) creates a presumption against and a threat to the democratic values that our I stood with those on the other side of the legality of placing any elements of our sovereignty ultimately protects. the aisle concerning the Nicaragua cri- Armed Forces under the command or control Mr. ARMEY. Mr. Speaker, I yield sis. I stood with those on the other side of a foreign national acting on behalf of the back the balance of my time. of the aisle in the gulf war issue that United Nations. But this presumption is over- The CHAIRMAN. The question is on was so important to our then President come if the President invokes the certification the amendment in the nature of a sub- George Bush and to the American peo- process that is announced in section (b), and stitute, as amended. ple and to freedom throughout this for which section (d) gives the substantive re- The amendment in the nature of a globe. substitute, as amended, was agreed to. quirements. The President is given 15 days I find, though, there are parts of this The CHAIRMAN. Under the rule, the before the start of the operation in question to bill I would individually vote for; the Committee rises. certify to Congress that the operation is nec- part concerning the command and con- Accordingly, the Committee rose; essary to protect our national security inter- trol of American troops is to be com- and the Speaker pro tempore (Mr. ests, and that the arrangements of the oper- mended, but the weight of this bill BUNNING) having assumed the chair, ation are such that U.S. sovereignty will be overall, Mr. Speaker, causes me to Mr. LINDER, Chairman of the Commit- protected. Furthermore, as I noted a moment offer this motion to recommit. ago, even this reasonable requirement does tee of the Whole House on the State of the Union, reported that that Commit- not apply when the operation in question is al- b 1340 ready authorized by law, or when the Presi- tee, having had under consideration dent certifies that he is acting in response to the bill (H.R. 7), to revitalize the na- This motion to recommit is in favor an emergency that precludes compliance with tional security of the United States, of the troops. This morning we had the the 15-day rule just mentioned. In an emer- pursuant to House Resolution 83, he re- sad news of 4 soldiers giving their lives gency situation, the certification requirement ported the bill back to the House with in training in Eglin Air Force Base in detailed in section (d) is postponed until 48 an amendment adopted by the Commit- the Ranger course. The job that we call hours after U.S. participation in the U.N. oper- tee of the Whole. those in uniform to do is a dangerous ations begins. The SPEAKER pro tempore. Under job. This is a motion to stand by those Section 402 amends the United Nations the rule, the previous question is or- young men and those young women Participation Act so that U.S. participation in dered. from whom we ask so much and who Security Council ``special agreements,'' as set Is a separate vote demanded on any should be given the very best of our ef- forth in chapters VI and VII of the U.N. Char- amendment to the amendment adopted forts. by the Committee of the Whole? If not, ter, is subject to the same certification require- Mr. Speaker, this is the Montgomery/ the question is on the amendment. ments as in section 401. Skelton language that states that the The amendment was agreed to. There must be clear rules governing the ex- Secretary of Defense must certify to The SPEAKER pro tempore. The posure of U.S. service personnel to mortal us, to us the Congress of the United question is on the engrossment and danger. Such exposure should be related to States, that the Armed Forces are third reading of the bill. U.S. interests, and the extend and urgency of properly sized, equipped, housed, struc- The bill was ordered to be engrossed those interests should be determined by offi- tured, and filled with readiness to do and read a third time, and was read the cials who are accountable to the people of the the job that the Commander in Chief third time. United States. This is not just the principle of and our national interest requires of MOTION TO RECOMMIT OFFERED BY MR. SKELTON sovereignty; it is also the principle of democ- them. This is putting the troops first. racy. Sections 401 and 402 are designed to Mr. SKELTON. Mr. Speaker, I offer a This is saying to those young men and uphold these principles. They would prohibit motion to recommit with instructions. women in uniform, ‘‘We care for you. commitments of U.S. troops only in cases The SPEAKER pro tempore. Is the We want to stand by you.’’ gentleman opposed to the bill? where the President of the United States can- This does not cut off national missile Mr. SKELTON. Absolutely. not or will not articulate to the Congress the defense programs, it allows for the year The SPEAKER pro tempore. The justifications and the limitations of such com- 1996 to have a $400 million program, Clerk will report the motion to recom- mitments. where we make sure that those troops mit. At U.N. headquarters in New York City, the are ready and able to do their job. The Clerk read as follows: flags of all the member nations fly proudly My case was made by my friends on over First Avenue. No national flag is higher Mr. SKELTON moves to recommit the bill, the other side of the aisle when they H.R. 7, to the Committee on National Secu- said that we are not ready. My friend than any other, signifying that despite diversi- rity with instructions to report the same ties of power, wealth, and territory, the prin- back to the House forthwith with the follow- from California [Mr. CUNNINGHAM] ciple of sovereignty means that every nation ing amendment: spoke eloquently of the need for readi- may deal equally with every other under inter- Strike out the last section of title II (relat- ness. That was my speech. That was national law. ing to the ballistic missile defense as a com- my point. That is what we need to do H 1888 CONGRESSIONAL RECORD — HOUSE February 16, 1995 to stay ready. We never know how The people of this country are out- NATO will be given the political sup- much. It was Winston Churchill who raged when they find that we have no port and the military assistance they once said that war comes very sud- defense against ballistic missiles, pro- need to join this transatlantic security denly. This past year we came within tecting them and their families from alliance. Accordingly, I urge my col- an eyelash of having armed conflict certain death. They want to know who leagues to join in supporting this bill three times, once involving North is responsible for leaving them unpro- which provides a strong national de- Korea, once involving Haiti, and one tected. But most of all they want it fense and a clear foreign policy road with Saddam Hussein. These young fixed, and we are trying to fix that for map for our Nation. men and young women we send in them in this contract, this legislation. harm’s way should be fully ready and Again, I repeat, we are responding to b 1350 every penny should go toward their the concerns of the American people. The SPEAKER pro tempore. (Mr. training, readiness, their quality of The American people are concerned BUNNING). Without objection, the pre- life. We should not, as we have seen, about the fact that this administration vious question is ordered on the motion have young men and young women on had a threat assessment conducted to recommit. the rifle range, who do not have enough after the fact, called a Bottom-Up Re- There was no objection. bullets to fire, cancel training so that view, which is not sufficient. And even The SPEAKER pro tempore. The they are not able to fulfill their duties. if it were, it is underfunded. And so question is on the motion to recommit. In Europe we learned just a few they want to have a new threat assess- The question was taken; and the weeks ago that the Army had taken ment of the threats we are facing in Speaker pro tempore announced that from its training account in Europe this world. the noes appeared to have it. $300 million to put in the maintenance So we are proposing a bipartisan Mr. VOLKMER. Mr. Speaker, I object account. That is a lack of readiness. commission advise us as to the course to the vote on the ground that a We need to pay attention to that and of action to take. Again, we are re- quorum is not present and make the not offer these dollars up to something sponding to the American people. point of order that a quorum is not in excess of what we can fairly spend. Mr. Speaker, I yield 21⁄2 minutes to present. I ask everyone here, Mr. Speaker, to the gentleman from New York [Mr. The SPEAKER pro tempore. Evi- vote for this motion to recommit. It GILMAN], chairman of the Committee dently, a quorum is not present. will send the message to the young on International Relations. The Sergeant at Arms will notify ab- men and young women we are so proud (Mr. GILMAN asked and was given sent Members. to call Americans, those in uniform permission to revise and extend his re- The vote was taken by electronic de- that ‘‘we want you to get the best marks.) vice, and there were—yeas 197, nays training, the best possible advantage Mr. GILMAN. I thank the gentleman 225, not voting 12, as follows: should you have to walk onto that bat- for yielding this time to me. tle field.’’ And if there is a lack of Mr. Speaker, I rise in opposition to [Roll No. 144] training, if there is someone that is in- the motion to recommit and I urge my YEAS—197 jured or sadly loses his or her life be- colleagues to defend this motion and to Abercrombie Flake McKinney cause of lack of readiness, let it not be support this vitally important legisla- Ackerman Foglietta McNulty Andrews Ford Meehan a reflection of today, let us stand with tion which we have fully debated in the Baesler Frank (MA) Meek them, let us work with them, let us International Relations Committee and Baldacci Frost Menendez vote to recommit this with the instruc- on the House floor over the past 2 days. Barcia Furse Mfume Barrett (WI) Gejdenson Miller (CA) tions on the Montgomery-Skelton lan- Our committee held numerous brief- Beilenson Gephardt Mineta guage. It is the least we can do for ings and hearings on the issues we have Bentsen Geren Minge those fine young Americans. debated today. Berman Gibbons Mink The SPEAKER. Is the gentleman Contrary to some of the assertions Bishop Gonzalez Moakley Bonior Gordon Mollohan from South Carolina opposed to the made in this debate, this bill does not Borski Gutierrez Montgomery motion? end our support for the United Nations Boucher Hall (OH) Moran Mr. SPENCE. Yes, Mr. Speaker. and it most certainly does not end our Brewster Hamilton Morella The SPEAKER. The gentleman from support for the United Nations and it Brown (CA) Harman Murtha Brown (FL) Hayes Nadler South Carolina [Mr. SPENCE] is recog- most certainly does not signal a re- Brown (OH) Hefner Neal nized for 5 minutes. treat from our security commitments Bryant (TX) Hilliard Oberstar Mr. SPENCE. Mr. Speaker, I urge my and our international obligations Cardin Hinchey Obey Chapman Holden Olver colleagues to defeat this motion and around the world. Clayton Hoyer Ortiz vote ‘‘yes’’ on final passage of this bill. The provisions in this bill simply re- Clement Jackson-Lee Orton Mr. Speaker, last evening we voted affirm that our foreign policy and our Clyburn Jacobs Owens twice on this particular amendment. It role at the United Nations and in all Coble Jefferson Pallone Coleman Johnson (SD) Parker was defeated on both occasions. We U.N. peacekeeping operations must Collins (IL) Johnson, E. B. Pastor need not say anything more about serve our national interests. Collins (MI) Johnston Payne (NJ) that. The bill for example, ensures that we Condit Kanjorski Payne (VA) Conyers Kaptur Pelosi I want, just for a minute, Mr. Speak- receive credit for our ongoing and ex- Costello Kennedy (MA) Peterson (FL) er, to tell this body that in referring to tensive support for the U.N. peacekeep- Coyne Kennedy (RI) Peterson (MN) this legislation we are responding, as I ing operations around the world. Danner Kennelly Petri have said earlier, to the concerns of the Presently, we are spending several de la Garza Kildee Pickett Deal Kleczka Pomeroy American people. In putting together billions a year on direct and indirect DeFazio Klink Porter this contract, we listened to the Amer- costs in support of these peacekeeping DeLauro LaFalce Poshard ican people and the concerns they have operations. To the extent that the De- Dellums Lantos Rahall Deutsch Laughlin Rangel concerning a number of issues, and partment of Defense is spending a dis- Dicks Leach Reed then we proceeded to put those things proportionate share of its declining re- Dingell Levin Reynolds down in the form of a contract. sources on U.N. peacekeeping we Dixon Lincoln Richardson The American people, for instance, should be recouping some of those Doggett Lipinski Rivers Dooley Lofgren Roemer are concerned about the state of our costs against our U.N. peacekeeping as- Doyle Lowey Rose defenses. They think we have cut too sessments. Durbin Luther Roybal-Allard much from our defense, readiness is This bill does set strict limits on any Edwards Maloney Rush Engel Manton Sabo suffering, modernization needs to be U.S. troops serving in U.N. operations Eshoo Markey Sanders fixed, a number of things. We are re- and promotes the expansion of the Evans Martinez Sawyer sponding to those concerns because we North Atlantic Treaty Organization. Farr Mascara Schroeder entitled this legislation the revitaliza- Our provisions on NATO will ensure Fattah Matsui Scott Fazio McCarthy Serrano tion or the restoration of national se- that all countries in Europe deemed el- Fields (LA) McDermott Sisisky curity. igible to be included in an expanded Filner McHale Skaggs February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1889 Skelton Thompson Ward On this vote: Saxton Spence Waldholtz Slaughter Thurman Waters Scarborough Stearns Walker Spratt Torres Watt (NC) Mr. Lewis of Georgia for, with Mrs. Schaefer Stockman Walsh Stark Torricelli Waxman Chenoweth against. Schiff Stump Wamp Stenholm Towns Williams Mr. Stokes for, with Mr. McHugh against. Seastrand Talent Watts (OK) Studds Tucker Wise Sensenbrenner Tanner Weldon (FL) Stupak Upton Woolsey Mr. JACOBS changed his vote from Shadegg Tate Weldon (PA) Tanner Velazquez Wyden ‘‘nay’’ to ‘‘yea.’’ Shaw Tauzin Weller Tauzin Vento Wynn So the motion to recommit was re- Shays Taylor (MS) White Taylor (MS) Visclosky Yates jected. Shuster Taylor (NC) Whitfield Tejeda Volkmer Skeen Thomas Wicker The result of the vote was announced Smith (MI) Thornberry Young (AK) NAYS—225 as above recorded. Smith (NJ) Tiahrt Young (FL) Allard Franks (CT) Molinari Smith (TX) Torkildsen Zeliff Archer Franks (NJ) Moorhead b 1410 Smith (WA) Traficant Zimmer Solomon Upton Armey Frelinghuysen Myers The SPEAKER pro tempore (Mr. Bachus Frisa Myrick Souder Vucanovich BUNNING). The question is on the pas- Baker (CA) Funderburk Nethercutt NOES—181 Baker (LA) Gallegly Neumann sage of the bill. Ballenger Ganske Ney The question was taken; and the Abercrombie Gonzalez Owens Barr Gekas Norwood Ackerman Gordon Pallone Barrett (NE) Gilchrest Nussle Speaker pro tempore announced that Baesler Gutierrez Parker Bartlett Gillmor Oxley the ayes appeared to have it. Baldacci Hall (OH) Pastor Barton Gilman Packard RECORDED VOTE Barcia Hamilton Payne (NJ) Bass Goodlatte Paxon Barrett (WI) Harman Pelosi Bateman Goodling Pombo Mr. DELLUMS. Mr. Speaker, I de- Beilenson Hefner Peterson (FL) Bereuter Goss Portman mand a recorded vote. Bentsen Hilliard Peterson (MN) Bevill Graham Pryce A recorded vote was ordered. Berman Hinchey Pickett Bilbray Greenwood Quillen Bishop Hoyer Pomeroy Bilirakis Gunderson Quinn The vote was taken by electronic de- Bonior Jackson-Lee Porter Bliley Gutknecht Ramstad vice, and there were—ayes 241, noes 181, Borski Jefferson Poshard Blute Hall (TX) Regula not voting 13, as follows: Boucher Johnson (SD) Rahall Boehlert Hancock Riggs Brewster Johnson, E. B. Rangel Boehner Hansen Roberts [Roll No. 145] Browder Kanjorski Reed Bonilla Hastert Rogers AYES—241 Brown (CA) Kaptur Reynolds Bono Hastings (WA) Rohrabacher Brown (FL) Kennedy (MA) Richardson Allard Ehlers King Browder Hayworth Ros-Lehtinen Brown (OH) Kennedy (RI) Rivers Andrews Ehrlich Kingston Brownback Hefley Roth Bryant (TX) Kennelly Roemer Archer Emerson Klug Bryant (TN) Heineman Roukema Cardin Kildee Rose Armey English Knollenberg Bunn Herger Royce Clayton Kleczka Roybal-Allard Bachus Ensign Kolbe Bunning Hilleary Salmon Clement Klink Rush Baker (CA) Everett LaHood Burr Hobson Sanford Clyburn LaFalce Sabo Baker (LA) Ewing Largent Burton Hoekstra Saxton Coleman Lantos Sanders Ballenger Fawell Latham Buyer Hoke Scarborough Collins (IL) Leach Sawyer Barr Fields (TX) LaTourette Callahan Horn Schaefer Collins (MI) Levin Schroeder Barrett (NE) Flanagan Laughlin Calvert Hostettler Schiff Condit Lincoln Scott Bartlett Foley Lazio Camp Houghton Seastrand Conyers Lofgren Serrano Barton Forbes Lewis (CA) Canady Hunter Sensenbrenner Costello Lowey Sisisky Bass Fowler Lewis (KY) Castle Hutchinson Shadegg Coyne Luther Skaggs Bateman Fox Lightfoot Chabot Hyde Shaw Danner Maloney Skelton Bereuter Franks (CT) Linder Chambliss Inglis Shays de la Garza Manton Slaughter Bevill Franks (NJ) Lipinski Christensen Istook Shuster DeFazio Markey Spratt Bilbray Frelinghuysen Livingston Chrysler Johnson (CT) Skeen DeLauro Martinez Stark Bilirakis Frisa LoBiondo Clinger Johnson, Sam Smith (MI) Dellums Mascara Stenholm Bliley Funderburk Longley Coburn Jones Smith (NJ) Deutsch Matsui Studds Blute Gallegly Lucas Collins (GA) Kasich Smith (TX) Dicks McCarthy Stupak Boehlert Ganske Manzullo Combest Kelly Smith (WA) Dingell McDermott Tejeda Boehner Gekas Martini Cooley Kim Solomon Dixon McHale Thompson Bonilla Geren McCollum Cox King Souder Doggett McKinney Thurman Bono Gilchrest McCrery Cramer Kingston Spence Dooley Meehan Torres Brownback Gillmor McDade Crane Klug Stearns Doyle Meek Torricelli Bryant (TN) Gilman McInnis Crapo Knollenberg Stockman Durbin Menendez Towns Bunn Gingrich McIntosh Cremeans Kolbe Stump Edwards Mfume Tucker Bunning Goodlatte McKeon Cubin LaHood Talent Engel Miller (CA) Velazquez Burr Goodling McNulty Cunningham Largent Tate Eshoo Mineta Vento Burton Goss Metcalf Davis Latham Taylor (NC) Evans Minge Visclosky Buyer Graham Meyers DeLay LaTourette Thomas Farr Mink Volkmer Callahan Greenwood Mica Diaz-Balart Lazio Thornberry Fattah Moakley Ward Calvert Gunderson Miller (FL) Dickey Lewis (CA) Tiahrt Fazio Mollohan Waters Camp Gutknecht Molinari Doolittle Lewis (KY) Torkildsen Fields (LA) Montgomery Watt (NC) Canady Hall (TX) Moorhead Dornan Lightfoot Traficant Filner Moran Waxman Castle Hancock Myers Dreier Linder Vucanovich Flake Morella Williams Chabot Hansen Myrick Duncan Livingston Waldholtz Foglietta Murtha Wise Chambliss Hastert Nethercutt Dunn LoBiondo Walker Ford Nadler Wolf Chapman Hastings (WA) Neumann Ehlers Longley Walsh Frank (MA) Neal Woolsey Christensen Hayes Ney Ehrlich Lucas Wamp Frost Oberstar Wyden Chrysler Hayworth Norwood Emerson Manzullo Watts (OK) Furse Obey Wynn Clinger Hefley Nussle English Martini Weldon (FL) Gejdenson Olver Yates Coble Heineman Oxley Ensign McCollum Weldon (PA) Gephardt Ortiz Coburn Herger Packard Everett McCrery Weller Gibbons Orton Collins (GA) Hilleary Paxon Ewing McDade White Combest Hobson Payne (VA) Fawell McInnis Whitfield NOT VOTING—13 Cooley Hoekstra Pombo Fields (TX) McIntosh Wicker Cox Hoke Portman Becerra Johnston Stokes Flanagan McKeon Wolf Cramer Holden Pryce Chenoweth Lewis (GA) Thornton Foley Metcalf Young (AK) Crane Horn Quillen Clay McHugh Wilson Forbes Meyers Young (FL) Crapo Hostettler Quinn Green Petri Fowler Mica Zeliff Cremeans Houghton Radanovich Hastings (FL) Schumer Fox Miller (FL) Zimmer Cubin Hunter Ramstad b 1425 NOT VOTING—12 Cunningham Hutchinson Regula Davis Hyde Riggs The Clerk announced the following Becerra Hastings (FL) Schumer Deal Inglis Roberts Chenoweth Lewis (GA) Stokes DeLay Istook Rogers pairs: Clay McHugh Thornton Diaz-Balart Jacobs Rohrabacher On this vote: Green Radanovich Wilson Dickey Johnson (CT) Ros-Lehtinen Mrs. Chenoweth for, with Mr. Johnston of Doolittle Johnson, Sam Roth Florida against. b 1408 Dornan Jones Roukema Dreier Kasich Royce Mr. McHugh for, with Mr. Stokes against. The Clerk announced the following Duncan Kelly Salmon Mr. Petri for, with Mr. Lewis of Georgia pairs: Dunn Kim Sanford against. H 1890 CONGRESSIONAL RECORD — HOUSE February 16, 1995 So the bill was passed. REPORT ON RESOLUTION PROVID- meet at 12:30 p.m. for morning hour The result of the vote was announced ING FOR CONSIDERATION OF and 2 p.m. for legislative business. At 5 as above recorded. H.R. 831, PERMANENT EXTENSION p.m., we will take up the rule for H.R. A motion to reconsider was laid on OF THE HEALTH INSURANCE DE- 831, the Permanent Extension of the 25 the table. DUCTION FOR THE SELF-EM- Percent Health Insurance Deduction PLOYED for Self-Employed Individuals. We will f Mr. SOLOMON, from the Committee then move into general debate and on Rules, submitted a privileged report complete consideration of the bill. This GENERAL LEAVE (Rept. No. 104–38) on the resolution (H. is important, Mr. Speaker: We expect Mr. SPENCE. Mr. Speaker, I ask Res. 88) providing for consideration of no votes until 5 p.m. on Tuesday. How- unanimous consent that all Members the bill (H.R. 831) to amend the Inter- ever, we will complete consideration of may have 5 legislative days in which to nal Revenue Code of 1986 to perma- H.R. 831 on Tuesday. Members should revise and extend their remarks on the nently extend the deduction for the be advised that the House may work bill just passed. health insurance costs of self-employed late on Tuesday night. The SPEAKER. Is there objection to individuals, to repeal the provision per- On Wednesday, February 22, the the request of the gentleman from mitting nonrecognition of gain and House will meet at 11 a.m. for the legis- South Carolina? sales and exchanges effectuating poli- lative business. We will take up the There was no objection. cies of the Federal Communications rule for the Department of Defense sup- Commission, and for other purposes, plemental and the rescission package f which was referred to the House Cal- which accompanies it, and then move endar and ordered to be printed. into general debate. We will complete AUTHORIZING THE CLERK TO f consideration of the two bills and then MAKE CORRECTIONS IN EN- possibly take up H.R. 830, the Paper- GROSSMENT OF H.R. 7, NA- ANNOUNCEMENT OF PROCEDURES work Reduction Act, subject to the TIONAL SECURITY REVITALIZA- AND DEADLINE FOR PRINTING House’s approval of a rule. Members OF AMENDMENTS ON H.R. 450, TION ACT should be advised that the House may THE REGULATORY TRANSITION work late on Wednesday night. Mr. SPENCE. Mr. Speaker, I ask ACT OF 1995 On Thursday, February 23, the House unanimous consent that in the engross- (Mr. SOLOMON asked and given per- will meet at 10 a.m. for legislative ment of the bill, H.R. 7, the Clerk be mission to address the House for 1 business, and pending the outcome of authorized to correct section numbers, minute.) the previous day’s action on H.R. 830, punctuation, and cross-references, and Mr. SOLOMON. Mr. Speaker, the we will take up the rule for H.R. 450, to make such other technical, clerical, Rules Committee plans to meet the the Regulatory Transition Act of 1995, grammatical, and conforming changes week of February 20 to consider a rule and then move into general debate on as may be necessary to reflect the ac- for H.R. 450, the Regulatory Transition the measure. tions of the House in amending the bill, Act of 1995. On Friday, February 24, the House H.R. 7. The Rules Committee anticipates re- will meet at 10 a.m. for legislative The SPEAKER. Is there objection to porting an open or modified open rule business. At that time we will com- the request of the gentleman from for the bill. The rule will likely accord plete consideration of H.R. 450. It is our South Carolina? priority in recognition to Members who hope to complete legislation by 3 that There was no objection. have preprinted their amendments in afternoon. the CONGRESSIONAL RECORD, though Mr. GEPHARDT. Mr. Speaker, re- f this would be optional and not manda- claiming my time, perhaps I could ask tory. a few questions. REMOVAL OF NAMES OF MEM- If Members wish to avail themselves First on staying late. The gentleman BERS AS COSPONSORS OF H.R. 10 of this preprinting option, amendments said perhaps on Tuesday and on Mr. HYDE. Mr. Speaker, I ask unani- should be titled, ‘‘Submitted for print- Wednesday. By ‘‘late,’’ can you give mous consent that the gentlewoman ing under clause 6 of rule XXIII,’’ Members a sense of about what time? from Texas [Ms. EDDIE BERNICE JOHN- signed by the Member, and submitted Mr. ARMEY. If the gentleman will SON] and the gentleman from Texas at the Speaker’s table. Amendments yield further, these things are always must still be consistent with House [Mr. TEJEDA] be removed as cosponsors problematic. But I think I generally from the bill, H.R. 10. rules since neither the rule nor print- hope when I say ‘‘late,’’ that I mean The SPEAKER. Is there objection to ing in the RECORD will afford any spe- around 9 p.m. cial protection against points of order the request of the gentleman from Illi- What we try to do is measure the for such amendments. rate at which we are getting the work nois? It will not be necessary for Members done, juxtapose that against what There was no objection. to submit their amendments to the must need be done the next day, and f Committee on Rules or to testify on then set a mark as early as we can that them. will assure us to be able to complete PERMISSION FOR COMMISSION ON f the next day’s work. But by ‘‘late,’’ I GOVERNMENT REFORM AND hope that I can always have some con- LEGISLATIVE PROGRAM OVERSIGHT TO FILE REPORT ON fidence that that means 9. As the gen- H.R. 450, THE REGULATORY (Mr. GEPHARDT asked and was tleman knows, that has not always TRANSITION ACT OF 1995 given permission to address the House worked out that way. for 1 minute.) Mr. GEPHARDT. Can the gentleman Mr. CLINGER. Mr. Speaker, I ask Mr. GEPHARDT. Mr. Speaker, the say that he expects to start amend- unanimous consent that the Commit- purpose of my request is to inquire ments on H.R. 450 on Thursday? Do you tee on Government Reform and Over- about the schedule for next week. intend to get to the amendments on sight have until midnight tonight, Feb- I yield to the gentleman from Texas, that bill on Thursday? ruary 16, to file a report on H.R. 450, the distinguished majority leader. Mr. ARMEY. If the gentleman will the Regulatory Transition Act of 1995. Mr. ARMEY. I thank the gentleman yield, the answer is yes. It is my understanding that this re- for yielding. Mr. GEPHARDT. The other question quest has been approved by the minor- With respect to next week, Mr. really involves the rules and maybe the ity leadership. Speaker, the House will not be in ses- distinguished gentleman from the The SPEAKER pro tempore. Is there sion on Monday, February 20. Committee on Rules could be involved objection to the request of the gen- The House will be in session on Tues- in this discussion. tleman from Pennsylvania? day, February 21. Subject to unani- We last week met with the require- There was no objection. mous-consent request, the House will ment to deal with an open rule but in February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1891 a constrained time period of 10 hours. I ity to interfere with what I call com- every bit of sensitive consideration for don’t want to go over that debate munications of representatives with the needs of the Members. again. I think we have well covered their district, in that you intend to that from both viewpoints. But I guess hold the House in session on Saturdays b 1440 I am asking what we can expect on the during the month of March. Is that cor- And we will do the best we can do to rules next week. rect? get that done. And again, I do the best, What kind of a rule would the gen- Mr. ARMEY. Mr. Speaker, will the if the gentleman will yield further, Mr. tleman expect on the defense supple- gentleman yield? Speaker, I do the best I can to control mental and the rescission bills? Will Mr. GEPHARDT. I yield to the gen- what I can control and to deal with they be governed under one rule and tleman from Texas. what I cannot control. will that rule be open and be time lim- Mr. ARMEY. Let me begin by observ- Mr. KANJORSKI. Just a final re- ited? And the rule on the regulatory ing that the gentleman’s point is quest. transition moratorium, would that be taken. Mr. GEPHARDT. I yield to the gen- an open rule and would it be time lim- Mr. Speaker, we are working on a tleman from Pennsylvania. ited? March schedule. We have a great deal Mr. KANJORSKI. I indicated about 2 Mr. SOLOMON. If the gentleman will of work to do and we have, as you weeks ago on the floor that I do not yield, the two rescission bills, we have know, a very compressed time period in think there is going to be any surprise not put out a rule as the gentleman which to do it. We are working on a that the majority entertains a major- knows and we will not be doing that March schedule. We are trying to con- ity of approximately 240 votes more or until a rule meeting that I will call sult with everybody and take into con- less, and that all of the legislation the sometime late Tuesday afternoon or sideration a very wide range of con- majority wishes to adopt in the House evening. We would probably have a cerns, not the least of which are the of Representatives will be able to be time constraint on that. physical demands of the schedule on completed and concluded to its inten- The rule that we will be putting out our Members. We have every hope and tions. as far as the regulatory reform, we intention of avoiding working on week- It seems to me that rather than now have not discussed that yet. I assume ends, Saturdays and Sundays in March, interfere with our relationship and our there would be an open rule with time or for that matter we would hope at communications with our constituents, constraints, again because of the prob- all. since the debate process really is not lem as we approach the April 8 date. Clearly it is our hope and our design for the purposes of communicating The gentleman from Texas [Mr. to avoid that. We think that is possible with our constituents, or educating our ARMEY] our majority leader, and the and I am very optimistic. constituents or ourselves for that mat- gentleman from Georgia [Mr. GINGRICH] ter, why do we not just move along our Speaker, have said we have to stick Mr. KANJORSKI. Mr. Speaker, will the gentleman further yield? with the 100-day contract over the next to the schedule to make sure we are 2 weeks, bring it in under an hour going to get the Members out by that Mr. GEPHARDT. I yield to the gen- closed rule and have it adopted so that 3-week break period. tleman. we can get this foolishness out of the Mr. GEPHARDT. Reclaiming my Mr. KANJORSKI. That is not quite way and get on to the serious substan- time, you are saying in both the case of the Shermanesque statement I had tial business of the House of Represent- the supplemental and the rescission hoped to get from the majority leader. atives. bills and the case of regulatory transi- It seems to me the majority leader is Mr. ARMEY. Mr. Speaker, will the tion, you are anticipating, and I under- saying that the 100 days is more impor- Speaker yield? stand you have not done it yet, but you tant than allowing the membership to Mr. GEPHARDT. I yield to the gen- are anticipating open rules with time communicate with our constituents. tleman from Texas. restraints? We have given up the thought process Mr. SOLOMON. That is what we have in the House, we have given up our de- Mr. ARMEY. If the gentleman could in mind. Again, with consultation with liberative activity in the House. I do get his leadership on his side to en- the minority, we will keep in touch not think it is fair to the American dorse his procedural recommendation, I with you and make that determination people or the traditions of this institu- would be happy to take it under consid- early next week. tion to give up the ability to commu- eration. Mr. GEPHARDT. Finally, maybe I nicate with our constituents on week- f did not hear it. I was asking about ends. whether the defense supplemental and Is there some magic in this 100 days CONTINUATION OF ORDER OF THE the rescission bills would be governed that we could not continue and not HOUSE RELATING TO MORNING under one rule. have a 3-week break in April, and make HOUR DEBATE AND SPECIAL Mr. SOLOMON. Yes, they will. They it a 2-week break or a 1-week break so ORDER SPEECHES UNTIL MAY 12, will be brought to the floor under one that we could continue over the period 1995 rule, and debated the same day. of March and April to communicate Mr. ARMEY. Mr. Speaker, I ask Mr. GEPHARDT. Mr. Speaker, I yield with our constituents? unanimous consent that the order of to the gentleman from Pennsylvania Mr. ARMEY. Mr. Speaker, will the the House of January 5, 1995, relating [Mr. KANJORSKI]. gentleman yield? to morning hour debates be continued Mr. KANJORSKI. For purpose of in- Mr. GEPHARDT. I yield to the gen- through May 12, 1995, with the under- quiry to the majority leader, Mr. Lead- tleman. standing that the format for recogni- er, as you know last week I expressed Mr. ARMEY. Again the gentleman’s tion for special order speeches first in- my great concern about having mark- point is taken. stituted on February 23, 1994, be con- ups on very important bills in the com- I can only tell the gentleman, we tinued for the same period. mittee and having amendments on the have made it very clear, we have a con- The SPEAKER pro tempore (Mr. floor to legislation going at the same tract, we feel strongly about our com- BUNNING). Is there objection to the re- time and I felt that we were losing the mitment. We are certainly committed quest of the gentleman from Texas? benefit of the deliberative nature of to doing a big job, a big change. We There was no objection. the House of Representatives. know it is hard work. We intend to I have conceded as I have indicated keep that commitment. f before that we will probably suffer that The gentleman should be advised as long as we are under the constraints that it should hardly come as any new RESIGNATION AS MEMBER AND to accomplish something for public re- news to anyone that these cir- ELECTION OF MEMBER OF COM- lations over 100 days as opposed to sub- cumstances are existent and they will MITTEE ON VETERANS’ AFFAIRS stantive legislative purposes. be met. The SPEAKER pro tempore laid be- Knowing that to be the case, how- We intend to meet the completion of fore the House the following resigna- ever, the rumors circulating in the this legislative agenda in the appointed tion as a member of the Committee on House, it is the intention of the major- time with all due respect and with Veterans’ Affairs: H 1892 CONGRESSIONAL RECORD — HOUSE February 16, 1995 U.S. CONGRESS, REPUBLICAN CONTRACT WITH every child in America. That would be HOUSE OF REPRESENTATIVES, AMERICA useful to the families that I represent Washington, DC, February 15, 1995. (Mr. BOEHNER asked and was given and to families across the country. Hon. NEWT GINGRICH, Working parents could stop worrying Speaker of the House, Capitol Building, Wash- permission to address the House for 1 ington, DC. minute.) about their kids at loose ends, unsuper- DEAR MR. SPEAKER: As of this date, I here- Mr. BOEHNER. Mr. Speaker, our vised from the time school is out until by submit my resignation as a member of Contract With America states the fol- their weary parents return home from the Veterans’ Affairs Committee for the fol- lowing: work. lowing reason. On the first day of Congress, a Re- And wouldn’t this help our country Due to the time restraints and heavy work publican House will: Require Congress immeasurably? We will not be competi- load associated with Banking and Financial to live under the same laws as every- tive in the global economy unless to- Services, along with the Science Commit- day’s children become the best edu- tees, I do not have adequate time to meet one else; cut committee staffs by one- the demanding work load associated with the third; and cut the congressional budg- cated and most productive work force duties required of the Veterans’ Affairs Com- et. We have done this. of the future. mittee in a satisfactory manner. It goes on to state that in the first We should take the money we would Thank you, Mr. Speaker, for your time and 100 days, we will vote on the following spend on star wars and extend the consideration of my request. items: A balanced budget amendment— school day in America to 5. Sincerely, we have done this; unfunded mandates We do not need star wars—but we do STEVE STOCKMAN, need today’s children to become the Member of Congress. legislation—we have done this; line- item veto—we have done this; a new rocket scientists of the future. The SPEAKER pro tempore. Without crime package to stop violent crimi- I include for the RECORD a copy of my objection, the resignation is accepted. nals—we have done this; and national amendment, as follows: There was no objection. security restoration to protect our Mr. ARMEY. Mr. Speaker, by direc- Amendment to H.R. 872, as Reported Offered freedoms—we have done this. by Ms. Lofgren tion of the Republican Conference, I In the next 50 days or so we will pass offer a privileged resolution, House Page 11, line 12, strike ‘‘Title II—Missile welfare reform to encourage work, not Defense’’ and all that follows through page Resolution 89, and ask for its imme- dependence; family reinforcement to diate consideration. 13, line 1, and insert in lieu thereof the fol- crack down on deadbeat dads and pro- lowing: The Clerk read the resolution, as fol- tect our children; tax cuts for families lows: TITLE II—EXTENSION OF SCHOOL DAY to lift Government’s burden from mid- FOR ELEMENTARY AND SECONDARY Resolved, That the following named Mem- dle-income Americans; Senior Citizens’ EDUCATION IN AMERICA. ber be, and is hereby, elected to the Commit- Equity Act to allow our seniors to tee on Veterans’ Affairs of the House of Rep- work without Government penalty; SEC. 201. FINDINGS. resentatives: Representative Dan Schaefer of Government regulatory reform; com- The Congress finds that— Colorado. (1) the increasing prevalence of single par- monsense legal reform to end frivolous ents and families with two working parents The resolution was agreed to. lawsuits; and congressional term limits A motion to reconsider was laid on has forced many of our Nation’s children to to make Congress a citizen legislature. be at home without supervision after school; the table. This is our Contract With America. (2) performance of our Nation’s school- f f children must increase markedly in the fu- ture for our country to be competitive in the AUTHORIZING THE SPEAKER AND AMERICA NO LONGER NEEDS global market; MINORITY LEADER TO ACCEPT STAR WARS (3) our economic competitors have signifi- RESIGNATIONS AND MAKE AP- (Ms. LOFGREN asked and was given cantly longer school days, allowing for POINTMENTS, NOTWITHSTAND- greater learning and educational experiences ING ADJOURNMENT permission to address the House for 1 for a child, and making for a higher level of minute and to revise and extend her re- literacy and education in the general popu- Mr. ARMEY. Mr. Speaker, I ask marks and include extraneous mate- lation; and unanimous consent that notwithstand- rial.) (4) our nation’s priorities should focus on ing any adjournment of the House until Ms. LOFGREN. Mr. Speaker, many the needs of children and of working fami- Tuesday, February 21, 1995, the Speak- Congressmen more senior than I have lies. er and the minority leader be author- expressed concern that a topic as seri- SEC. 202. EXTENSION OF THE NATIONAL SCHOOL ized to accept resignations and to ous as the revision of the laws and pro- DAY. make appointments authorized by law cedures governing the national secu- (1) To remain eligible for funding pursuant or by the House. rity of the United States deserved more to the Elementary and Secondary Education The SPEAKER pro tempore. Is there than a day and a half of debate. I agree, Act a school must institute a policy whereby its school day will last until 5 o’clock p.m., objection to the request of the gen- and last night, after I was recognized tleman from Texas? local time. to offer an amendment, I was cut off (2) In instituting a policy extending the There was no objection. and not allowed to do so. lateness of its school day, no school may f Consideration of my proposal was begin its school day later than 9 o’clock prohibited by the majority, but I want a.m., local time. DISPENSING WITH CALENDAR to let the American people know what (3) The Secretary of Education shall estab- WEDNESDAY BUSINESS ON my proposal was. lish a formula grant program to provide WEDNESDAY NEXT Many people back home in my dis- funds to States to carry out section 1 above. Mr. ARMEY. Mr. Speaker, I ask trict have expressed total amazement SEC. 203. FUNDING. unanimous consent that the business to me that we would even consider re- Notwithstanding any other provision of in order under the Calendar Wednesday sumption of the star wars missile de- this Act, of the funds available to the De- rule be dispensed with on Wednesday fense program. We all remember when partment of Defense, $49,000,000,000 shall be next. made available to the Department of Edu- the Berlin Wall fell and the cold war cation to carry out this title. The SPEAKER pro tempore. Is there ended. In light of that fact, why would objection to the request of the gen- we want to spend $30 to $60 billion on f tleman from Texas? star wars now? We’ve already spent $30 There was no objection. billion and we have nothing to show for ANOTHER HOLE PUNCHED IN THE CONTRACT WITH AMERICA f it. With the cold war over, it is time (Mr. GINGRICH asked and was given MESSAGE FROM THE PRESIDENT American families get something con- permission to address the House for 1 A message in writing from the Presi- crete and useful for their tax dollars. minute and to revise and extend his re- dent of the United States was commu- For the same amount of money that marks.) nicated to the House by one of his sec- we would spend on star wars, we could Mr. GINGRICH. Mr. Speaker, as retaries. extend the school day to 5 p.m. for Members know, the country voted in February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1893 November for the Contract With Amer- With America, Republicans are proving States; which was read and, together ica, and I carry with me on a regular that hard work can, indeed, produce with the accompanying papers, without basis a copy of the contract. And as we real change. objection, referred to the Committee begin to get them completed, I try to As we approach our 50-day mark, let on International Relations and ordered have a hole punch here. me assure you that the Republican ma- to be printed: No. 6 was strong national defense. We jority will continue to keep our prom- need to ensure a strong national de- ises with the people by bringing to the To the Congress of the United States: fense by restoring the essential parts of floor regulatory reform, welfare re- On September 29, 1994, in Executive our national security funding. I am de- form, term limits, legal reform, tax Order No. 12930, I declared a national lighted that by a bipartisan vote we in cuts for middle-income families, and a emergency under the International fact passed this today. senior citizens’ equity bill. Emergency Economic Powers Act This is the third part of the contract f [IEEPA] (50 U.S.C. 1701 et seq.) to deal we have completed, and so I am going with the threat to the national secu- to symbolically put a hole in my lami- WE ARE KEEPING OUR PROMISE rity, foreign policy, and economy of nated copy of the contract. (Mr. FOX of Pennsylvania asked and the United States posed by the contin- We will be back next week to do an- was given permission to address the ued proliferation of nuclear, biological, other one. House for 1 minute and to revise and and chemical weapons, and their means f extend his remarks.) of delivery. Specifically, this order pro- Mr. FOX of Pennsylvania. Mr. Speak- vided necessary authority under the OPENING DAY OF SPRING er, we made a promise, we signed a con- Enhanced Proliferation Control Initia- TRAINING tract, and we kept our promise—it is as tive [EPCI], as provided in the Export (Mr. GOSS asked and was given per- simple as that. Administration Regulations, set forth mission to address the House for 1 We just passed the National Security in Title 15, Chapter VII, Subchapter C, minute and to revise and extend his re- Revitalization Act, a component of our of the Code of Federal Regulations, marks.) Contract With America. In fact, in the Parts 768 to 799 inclusive, to continue Mr. GOSS. Mr. Speaker, it is offi- past 44 days, we have been keeping a to regulate the activities of United cial—with or without the first-string lot of promises. Congressional reform, States persons in order to prevent their players, spring training is now under- a congressional accountability act, a participation in activities that could way in Florida and other warmer balanced budget amendment, unfunded contribute to the proliferation of weap- climes across the country. This morn- mandates reform, and a strong crime ons of mass destruction and their deliv- ing’s national news featured reports package. We are working hard to ery means. from my home district cities of Fort produce real change in Congress and I issued Executive Order No. 12930 Myers and Port Charlotte—reports America. pursuant to the authority vested in me tinged with regret and resentment But our hard work does not stop as President by the Constitution and here. After the President’s Day recess, about the lost opportunities and lost laws of the United States of America, we will be bringing to the floor legal dollars caused by the protracted base- including the IEEPA, the National reform, regulatory reform, term limits, ball strike. Americans really are fed up Emergencies Act [NEA] (50 U.S.C. 1601 tax cuts for middle income families, a with the fighting and all agree it is et seq.), and section 301 of title 3 of the senior citizens’ equity bill, and welfare time for both sides to come back to the United States Code. At that time, I bargaining table and resolve their dif- reform. We are on the road to restoring the long-lost credibility and trust peo- also submitted a report to the Congress ferences to save the season. But most pursuant to section 204(b) of the IEEPA still think it would be a mistake for ple have in their elected officials. The Republican majority is moving (50 U.S.C. 1703(b)). Congress to interject itself into this Executive Order No. 12930 was re- dispute and impose a settlement. I forward. We are making Government smaller, less costly, and more account- voked by Executive Order No. 12938 of agree—but I believe there are legiti- November 14, 1994. Executive Order No. mate issues to discuss about whether able to the American people. I am 12938 consolidates a number of authori- the antitrust exemption has outlived proud to be a part of this historic time. ties and eliminated certain redundant its purpose—and Congress is reviewing f authorities. All authorities contained that issue. But in the meantime, we all ADJOURNMENT FROM FRIDAY, in Executive Order No. 12930 were ask players and owners—can’t we just FEBRUARY 17, 1995, TO TUESDAY, transferred to Executive Order No. play ball? FEBRUARY 21, 1995 12938. f Mr. WALKER. Mr. Speaker, I ask Section 204 of the IEEPA requires fol- REPUBLICAN CONTRACT WITH unanimous consent that when the low-up reports, with respect to actions AMERICA House adjourns on Friday, February 17, or changes, to be submitted every 6 (Mr. RIGGS asked and was given per- 1995, it adjourn to meet at 12:30 p.m. on months. Additionally, section 401(c) of mission to address the House for 1 Tuesday, February 21, 1995, for morning the NEA requires that the President: minute and to revise and extend his re- hour debates. (1) within 90 days after the end of each marks.) The SPEAKER pro tempore (Mr. 6-month period following a declaration Mr. RIGGS. Mr. Speaker, before we BUNNING). Is there objection to the re- of a national emergency, report to the leave town for Presidents Day, I just quest of the gentleman from Penn- Congress on the total expenditures di- want to reflect on all of the successes sylvania? rectly attributable to that declaration; we have experienced since we convened There was no objection. or (2) within 90 days after the termi- the 104th Congress on January 4. f nation of an emergency, transmit a Cutting congressional budgets and final report to the Congress on all ex- REPORT RELATING TO ACTIVITIES staff, making Congress live under the penditures. This report, covering the AND COSTS PURSUANT TO DEC- same laws it passes on the private sec- period from September 29, 1994, to No- LARATION OF NATIONAL EMER- tor, passing a balanced budget amend- vember 14, 1994, is submitted in compli- GENCY UNDER INTERNATIONAL ment, stopping the practice of un- ance with these requirements. EMERGENCY ECONOMIC POWERS funded mandates, giving the President Since the issuance of Executive Order ACT FROM SEPTEMBER 29, 1994 a line-item veto, passing a tough crime No. 12930, the Department of Commerce TO NOVEMBER 14, 1994—MESSAGE package, and most recently, today, has continued to administer and en- FROM THE PRESIDENT OF THE passing a strong national defense bill. force the provisions contained in the UNITED STATES (H. DOC. NO. 104– Export Administration Regulations b 1450 36) concerning activities by United States Mr. Speaker, what we have seen in The SPEAKER pro tempore laid be- persons that may contribute to the the past 44 days is not only historic but fore the House the following message proliferation of weapons of mass de- phenomenal. Through the Contract from the President of the United struction and missiles. In addition, the H 1894 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Department of Commerce has con- This is the final report with respect to measures are consistent with and in- ducted ongoing outreach to educate Executive Order No. 12735. deed actively support, the requirement concerned communities regarding This report is made pursuant to sec- under Article I of the CWC that States these restrictions. Regulated activities tion 204 of the International Emer- Parties never assist, in any way, the may include financing, servicing, con- gency Economic Powers Act and sec- manufacture of chemical weapons. tracting, or other facilitation of mis- tion 401(c) of the National Emergencies These measures also are consistent sile or weapons projects, and need not Act regarding activities taken and with the undertaking in Article XI of be linked to exports or reexports of money spent pursuant to the emer- the CWC to facilitate the fullest pos- U.S.-origin items. No applications for gency declaration. Additional informa- sible exchange of chemical materials licenses to engage in such activities tion on chemical and biological weap- and related information for purposes were received during the period cov- ons proliferation is contained in the not prohibited by the Convention, as ered by this report. annual report to the Congress provided they focus solely on preventing assist- No expenses directly attributable to pursuant to the Chemical and Biologi- ance to activities banned under the the exercise of powers or authorities cal Weapons Control and Warfare CWC. Similarly, such efforts also sup- conferred by the declaration of a na- Elimination Act of 1991. port existing nonproliferation obliga- tional emergency in Executive Order The three export control regulations tions under the BWC. No. 12930 were incurred by the Federal issued under the Enhanced Prolifera- The United States Government deter- Government in the period from Sep- tion Control Initiative are fully in mined that one foreign individual and tember 29, 1994, to November 14, 1994. force and continue to be used to con- two foreign commercial entities—re- WILLIAM J. CLINTON. trol the export of items with potential spectively, Nahum Manbar, and Mana use in chemical or biological weapons THE WHITE HOUSE, February 16, 1995. International Investments and Europol [CBW] or unmanned delivery systems Holding Ltd.—had engaged in chemical f for weapons of mass destruction. weapons proliferation activities that During the final 6 months of Execu- required the imposition of trade sanc- REPORT RELATING TO ACTIVITIES tive Order No. 12735, the United States tions against them, effective on July AND COSTS PURSUANT TO DEC- continued to address actively in its LARATION OF NATIONAL EMER- international diplomatic efforts the 16, 1994. A separate determination was GENCY UNDER INTERNATIONAL problem of the proliferation and use of made and sanctions imposed against EMERGENCY ECONOMIC POWERS CBW. Alberto di Salle, an Italian national, ACT FROM NOVEMBER 16, 1990 TO At the termination of Executive effective on August 19, 1994. Additional NOVEMBER 14, 1994—MESSAGE Order No. 12735, 158 nations had signed information on these determinations FROM THE PRESIDENT OF THE the Chemical Weapons Convention will be contained in a classified report UNITED STATES (H. DOC. NO. 104– [CWC] and 16 had ratified it. On No- to the Congress, provided pursuant to 37) vember 23, 1993, I submitted the CWC to the Chemical and Biological Weapons The SPEAKER pro tempore laid be- the Senate for its advice and consent Control and Warfare Elimination Act fore the House the following message to ratification. The United States con- of 1991. from the President of the United tinues to press for prompt ratification Pursuant to section 401(c) of the Na- States; which was read and, together of the Convention to enable its entry tional Emergencies Act, I report that with the accompanying papers, without into force as soon as possible. We also there were no expenses directly attrib- objection, referred to the Committee continue to urge those countries that utable to the exercise of authorities on International Relations and ordered have not signed the Convention to do conferred by the declaration of the na- to be printed: so. The United States has remained ac- tional emergency in Executive Order tively engaged in the work of the CWC No. 12735 during the period from No- To the Congress of the United States: Preparatory Commission headquarter- vember 16, 1990, through November 14, On November 16, 1990, in light of the ed in The Hague, to elaborate the tech- 1994. dangers of the proliferation of chemi- nical and administrative procedures for WILLIAM J. CLINTON. cal and biological weapons, President implementing the Convention. THE WHITE HOUSE, February 16, 1995. Bush issued Executive Order No. 12735, The United States was an active par- f and declared a national emergency ticipant in the Special Conference of under the International Emergency States Parties, held September 19–30, SPECIAL ORDERS Economic Powers Act (50 U.S.C. 1701 et 1994, to review the consensus final re- seq.). Under section 202(d) of the Na- port of the Ad Hoc Group of experts The SPEAKER pro tempore. Under tional Emergencies Act (50 U.S.C. mandated by the Third Biological the Speaker’s announced policy of Jan- 1622(d)), the national emergency termi- Weapons Convention [BWC] Review uary 4, 1995, and under a previous order nates on the anniversary date of its conference. The Special Conference of the House, the following Members declaration unless the President pub- produced a mandate to establish an Ad will be recognized for 5 minutes each. lishes in the Federal Register and Hoc Group whose objective is to de- f transmits to the Congress a notice of velop a legally binding instrument to its continuation. strengthen the effectiveness and im- FACTS THAT ARE MISUNDER- On November 14, 1994, I issued Execu- prove the implementation of the BWC. STOOD WITH REGARD TO H.R. 7 tive Order No. 12938, which revoked and The United States strongly supports superseded Executive Order No. 12735. the development of a legally binding The SPEAKER pro tempore. Under a As I described in the report transmit- protocol to strengthen the Convention. previous order of the House, the gen- ting Executive Order No. 12938, the new The United States maintained its ac- tleman from California [Mr. KIM] is Executive order consolidates the func- tive participation in the Australia recognized for 5 minutes. tions of Executive Order No. 12735, Group [AG], which welcomed the Czech Mr. KIM. Mr. Speaker, the people in which declared a national emergency Republic, Poland, and Slovakia as the my district in California do not have with respect to the proliferation of 26th, 27th, and 28th AG members, re- any luxury to subscribe to the Wash- chemical and biological weapons, and spectively. The Group reaffirmed mem- ington Post and the Washington times, Executive Order No. 12930, which de- bers’ collective belief that full adher- which have extensive coverage of what clared a national emergency with re- ence to the CWC and the BWC provides is happening inside the Beltway. spect to nuclear, biological, and chemi- the only means to achieve a permanent There is a lot of rhetoric, especially cal weapons, and their means of deliv- global ban on CBW, and that all states about the U.N. peacekeeping mission. ery. The new Executive order contin- adhering to these conventions have an This bill that we just passed, H.R. 7, ued in effect any rules, regulations, or- obligation to ensure that their na- which is named the National Security ders, licenses, or other forms of admin- tional activities support these goals. Revitalization Act, the people are say- istrative action taken under the au- The AG also reiterated its conviction ing if this is passed, that will be the thority of Executive Order No. 12735. that harmonized AG report licensing end of the U.N. peacekeeping mission. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1895 I would like to clarify this. I would Now, this $1.7 billion we spent as in- them in harm’s way, put them under like to urge all my people in my dis- kind contributions was not credited to the direct jurisdiction of the United trict, people in California, to contact us. Added altogether we are about $30 Nations. Mr. Clinton not to veto this important billion a year that we are donating to In fact, in 1988, there were only 5 bill. the United Nations under the name of peacekeeping operations being oper- Let me tell you what this really peacekeeping mission. ated by the United Nations across the truly says. In the last year, 1995, fiscal Now, what this bill will do, let me ex- world. Today the United Nations sup- year, our administration came to Con- plain: Under section 509 it says the ports 17 peacekeeping operations. More gress to ask for $533 million for the United States shall not pay more than and more, these missions involved in- U.N. peacekeeping mission, just peace- 25 percent. Is that not fair? ternal unrest, including ethnic clashes keeping. That is our assessment. At 6 Second, section 506 says that all the as opposed to conflicts between na- months later, they come back asking in-kind donations shall be credited, tions. an additional $672 million. Adding it credited to the United States. That is Mr. Speaker, today is a landmark together, our assessment was actually exactly what it says. day. We passed a wonderful piece of $1.2 billion last year alone, cash assess- Section 507, no more voluntary gifts legislation that redirects our atten- ment to the United Nations. unless it is some kind of emergency or tion, that refocuses our priority on This year our administration asked national security interest. America, on America’s vital interests, Finally, section 511 says U.N. man- again for only $445 million. what is beneficial to this country and agement must be reformed. You cannot Now, who is trying to fool who this not the world at large. just go around and asking us for money time? This is a very unrealistic request This is a wonderful day, and I think like we were a bottomless pit. They to try to trick the system by grossly it was one of the most impactful bills, underestimating our peacekeeping as- have to reform, they have to shape up. That is what this bill does, asking the but unfortunately the media out there sessment numbers so that the overall has decided to neglect any discussion budget looks smaller. I can bet you U.N. to shape up. We are asking them to hire an inspector general so they of this bill. I will not comment as to that they are going to come back half- why. But I will comment that these way through this year asking another can audit the books and find out ex- actly who pays what and how much. toy soldiers, they are meaningless, you $1/2 billion. can throw them away, they can end up Anyway, in addition to $1.2 billion we We are not against peacekeeping. I understand we all believe in human in the wastebasket, it does not matter. paid to the United Nations, we also But young men and young women, paid an additional $75 million last year rights, but, by golly, it has to be fair. This bill provides for a more equivalent their lives do matter. When they are as a gift, as a gift, voluntary gift. This fighting on foreign soil, we have an ob- year they are asking an additional $100 sharing of the real cost of such activi- ties, something that all the American ligation in this body to be sure they million as a voluntary gift. are standing up for our interests, our It is beyond my comprehension why people deserve. That is what it is all vital national security interests, and we are paying gifts in addition to $1.2 about. We are not talking against not for some utopian concepts of peace- billion. peacekeeping. It is about time for us to keeping in areas that we really cannot The U.S. Government gets no credit get a fair share and a better account- keep the peace. for these voluntary contributions. ability. This bill, H.R. 7 that we just passed, Let us talk about other countries. f is very impactful in that it restricts How much do they pay? Ninety coun- The SPEAKER pro tempore (Mr. the deployment of U.S. troops to mis- tries How much do they pay? Ninety BUNNING). Under a previous order of the sions that are in our interest. It de- countries pay less than one-hundredth House, the gentlewoman from Con- mands that U.S. troops be commanded of 1 percent, 0.01 percent, nothing; 90 necticut [Ms. DELAURO] is recognized by U.S. commanders, not by U.N. bu- countries pay less than that. Only 10 for 5 minutes. reaucrats. countries pay more than a lousy 1 per- [Ms. DELAURO addressed the House. It reduces the cost to the United cent. Let me repeat only 10 countries Her remarks will appear hereafter in States for U.N. peacekeeping missions in the world pay more than 1 percent the Extensions of Remarks.] and demands that the United States on this U.N. peacekeeping mission. f How much do we pay? Thirty-two Representatives to the United Nations percent. FOREIGN COMMAND OF U.S. press for reforms in the management TROOPS practices of the United Nations. b 1500 Mr. Speaker, I have also got to men- The SPEAKER pro tempore. Under a We used to pay only 25 percent. What previous order of the House, the gen- tion that I believe we have got to keep our eye on that one big ball that is out happened? Because Russia dissolved tleman from Arizona [Mr. SALMON] is and were unable to pay, we have to recognized for 5 minutes. there, that $5 trillion Federal debt that pick up the tab. Is that not ridiculous? Mr. SALMON. Mr. Speaker, one of we have. Not only do we not have We are paying 32 percent while only my staff was in a grocery store, local human lives to waste abroad for need- 10 countries pay more than 1 percent. grocery store, just a few days ago and less causes, but we do not have the cap- Now, that means we are paying more happened to be in the toy section of the ital as well. We have a debt to pay off. than 31⁄2 times more than the second store and lo and behold here is what he As Mr. KIM pointed out adequately, we largest contributing nation, which is found and picked up. These are little have paid a disproportionate share of Japan. Japan pays 12.5 percent. Not to toy soldiers, just like we used to play the cost of peacekeeping. We pay 33 mention the gifts and not to mention with when we were little boys and percent. The next highest country, the in-kind contributions. girls. It says ‘‘U.N. troops.’’ Japan, pays in the neighborhood of 13 Let me tell you what it is. We spent Mr. Speaker, how far have we gone? percent. That is unreasonable. $1.7 billion in-kind contributions to How far has this madness gone? It used We pay 25 percent of the costs for up- support of this U.N. peacekeeping mis- to be, when I was a little boy, I would keep and maintenance of the United sion. What are they? Let me give an ex- play with my G.I. Joe. They were Nations. If we were getting what we ample: Sending military forces to So- American soldiers we used to play paid for, it might be a different story. malia, millions and millions of dollars with. They were not United Nations But I do not think we are. is what it cost us. Also the airlift of troops. Mr. Speaker, I want to congratulate supplies to Bosnia. I think maybe the reason these kinds this body for doing some wonderful We are now involved in 13 different of toys are being marketed now is be- work today, and, hopefully, the meas- places on peacekeeping and humani- cause maybe it is becoming acceptable ure will pass the other body and Presi- tarian support in this world. that we no longer have our sovereignty dent Clinton will get significant sup- Altogether we spent $1.7 billion in ad- any more, we no longer have control. port from the people out there, the vot- dition to the $1.2 billion cash assess- We have given control of U.S. troops, ers, calls from the real people out ment, in addition to the gifts. our young men and young women, put there, the voters, calls from the real H 1896 CONGRESSIONAL RECORD — HOUSE February 16, 1995 people out there who do not want their b 1510 We are not here to pander to the spe- cial interest within the legal commu- young people’s lives wasted in the fu- FRIVOLOUS LAWSUITS IMPACT nity. ture needlessly. AMATEUR SPORTS, LEGAL RE- Maybe these soldiers, these toy sol- FORM NEEDED Rather, we are here to enact real diers, it is okay to risk their lives be- legal reform for the American people. The SPEAKER pro tempore (Mr. cause they do not mean much, but our And reform we shall have. BUNNING). Under a previous order of the young men and women, they do mat- House, the gentleman from Nebraska f ter. [Mr. CHRISTENSEN] is recognized for 5 The SPEAKER pro tempore. Under a President Clinton, please do not veto minutes. previous order of the House, the gentle- this legislation. Mr. CHRISTENSEN. Mr. Speaker, I woman from Michigan [Ms. RIVERS] is f read with great interest an editorial recognized for 5 minutes. found in Monday’s Wall Street Journal [Ms. RIVERS addressed the House. WITH APOLOGIES TO DR. SEUSS article by Creighton Hale. Her remarks will appear hereafter in Mr. Hale is the CEO of Little League the Extensions of Remarks.] The SPEAKER pro tempore. Under a Baseball and he made a very good case previous order of the House, the gen- for the need for legal reform. f tleman from Montana [Mr. WILLIAMS] One example he gave was this: The SPEAKER pro tempore. Under a is recognized for 5 minutes. Imagine the situation: The batter previous order of the House, the gentle- Mr. WILLIAMS. Mr. Speaker and my hits a pop fly to center, but your woman from Ohio [Ms. KAPTUR] is rec- colleagues, during much of the debate centerfielder is playing the position for ognized for 5 minutes. on the defense bill just passed, I lis- the first time. He moved there because [Ms. KAPTUR addressed the House. tened either here in the Chamber or the regular kid has the flu. The pop fly Her remarks will appear hereafter in watched it on television from my office hits him in the eye. the Extensions of Remarks.] As the coach, what do you do? and spent some time between debates f composing a little doggerel. Pull the infield in and play for the plate? The SPEAKER pro tempore. Under a With apologies to Dr. Seuss, I would previous order of the House, the gen- like to share it with you: Call time and head for the pitcher’s mound? tleman from New York [Mr. OWENS] is On the eighth of November, Election Day How about try calling a lawyer? recognized for 5 minutes. last fall. You see, in a real life case similar to [Mr. OWENS addressed the House. The voters decided to take a look over the wall. the one just described, the His remarks will appear hereafter in At first, Democrats stood silent, but finally centerfielder’s parents filed suit the Extensions of Remarks.] we said, against the coach who stationed their f With a very sad shake of our collective head, child under the ill-fated pop fly. They ‘‘On this side of the wall we are all Dems, sought compensation for pain and suf- THE SO-CALLED PERSONAL But on the far side of the wall live the fering, as well as punitive damages. RESPONSIBILITY ACT thems. In another case described by Mr. Hale The SPEAKER per tempore. Under a But the voters said it’s high time we knew, was litigation that resulted from two What kind of things the thems would do. boys colliding in the outfield. previous order of the House, the gen- Even after 40 years, the wall isn’t so high. They picked each other up—and then tleman from California [Mr. TUCKER] is Why, the voters can look the thems square sued the coach. recognized for 5 minutes. in the eye. Another player sued when a stray dog Mr. TUCKER. Mr. Speaker, I rise in And when the thems came close, the voters intruded on the field of play and bit strong opposition to the so-called Per- heard ’em say, ‘‘Star Wars, Star Wars, him. sonal Responsibility Act. it’s up, up and away.’’ And in one of the most outrageous For years now, Mr. Speaker, Demo- And at that very instant, voters remembered cases I have heard of a woman won a crats, Republicans, welfare recipients, the reason they had stayed on their cash settlement when she was hit by a and Americans on opposite ends of the own side of the wall season after sea- ball that a player failed to catch. political spectrum have all agreed on son. two things; No. 1: The welfare system The thems love to spend and spend, but only The irony here is that the player was her own daughter. is broken, and No. 2: We as Americans on weapons that skewer. must change welfare as we know it. Not Head Start or Pell grants or highways or The Little League has seen its liabil- sewers. ity insurance skyrocket 1,000 percent This bill as I read it, Mr. Speaker, So, on tiptoe the voters stand quizzically over a 5-year period. From $75 per fails in several ways to address the watching the thems, league annually to $795 per league. problem. As the thems dash about in their 100-day fit, We, in effect, have asked little league First, the bill erroneously assumes So, on 101 they can at last sit. coaches to take on major league liabil- that the problem with welfare is that And the voters note that the thems look ity risk. these people just do not want to work. frightfully mean, Our legal reform umbrella must The reality, however, is that 70 per- As they try to spend billions on their Star cover civil defendants of all stripes cent of those who receive welfare bene- Wars machine. whether it be the Little League team fits are children. The remaining 30 per- Voters had walked to the wall with great that plays in the park down the street cent are the mothers of these children vim and vigor, or the large corporation that employs and disabled persons. Only to find the thems as always with their the little leaguer’s parents. Second, and most importantly—this hands on the trigger. Frivolous litigation has reached the body, as it has done in the past, is at- For 2 more years the voters will watch and tempting to base new public policy on the voters will wonder, point that we cannot even measure it Why the thems spend tax money that might with dollars anymore. the same false premise—that these peo- blow the world all asunder. Already the special interests are mo- ple just do not want to work! There- At the end of the time, the voters will step bilizing to stop any attempt to help the fore, to encourage them to work—cut back from the wall, Little Leaguers and Girl Scouts. them off. Hoping a little look didn’t hurt much after George Bushnell, president of the The reality, Mr. Speaker, is that the all. American Bar Association, has re- problem with welfare is this body’s And then they will remember when all is sorted to name calling. total abdication of its responsibility to said and done, The rules of this body will not even deal openly and forthrightly with the These are the very same thems that scared allow me to repeat what he called con- cause of welfare—the lack of a real job the voters back in 1981. gressional Members who would dare at- paying a livable wage. tempt legal reform of this nature. If we did address this problem openly, I say we have struck a nerve. Mr. Speaker, we would find that what February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1897 most welfare recipients want is an op- The State even if it wanted to con- February 22, 1995, or until noon on the sec- portunity to work—not a welfare tinue cash payments would be directed ond day after Members are notified to reas- check! by Washington to deny this benefit. semble pursuant to section 2 of this concur- This bill, Mr. Speaker, does nothing In both of these cases, Mr. Speaker, rent resolution, whichever occurs first. SEC. 2. The Speaker of the House and the to empower people. It does nothing to the Contract on Americans would allow Majority Leader of the Senate, acting jointly address those very important second- children and families to be left without after consultation with the Minority Leader ary impediments to welfare mothers any cash help or a public service job of the House and the Minority Leader of the going to work, the need for day care for even when the parent was willing to Senate, shall notify the Members of the their children so they can go to work, work but unable to find private sector House and Senate, respectively, to reassem- and the need for health care for their employment. ble whenever, in their opinion, the public in- children. An even more ominous provision in terest shall warrant it. Further, Mr. Speaker, the bill fails to this assault on America’s children, Mr. The concurrent resolution was agreed invest the resources in job training and Speaker, would take the savings gen- to. education necessary to equip welfare erated by denying assistance to unmar- A motion to reconsider was laid on mothers to compete for the jobs that ried teens and their children, and use the table. those same funds to build orphanages are available. f In fact, Mr. Speaker, the only thing for those children or group homes for this bill guarantees to our children, is those children and their teen parents rendered destitute by this bill. ACCOMPLISHMENTS OF THE 104TH that once their parents have used their CONGRESS allotted benefits—that’s it! There is no Mr. Speaker, it is open season on The SPEAKER pro tempore. Under other safety net for these families or poor American children and the people sent here to protect them are running the Speaker’s announced policy of Jan- their children. roughshod over them with careless in- uary 4, 1995, the gentleman from Flor- So no matter what happens to the difference or conscious disregard. ida [Mr. SCARBOROUGH] is recognized Nation’s economy or the economy of My district, Mr. Speaker, has 61,000 for 60 minutes as the designee of the your State, no matter what happens children living below the poverty line. majority leader. with your personal circumstances, re- I am not interested in orphanages and Mr. SCARBOROUGH. Mr. Speaker, it gardless of your efforts to secure em- group homes, I am interested in jobs is certainly exciting to see what has ployment, that is it—no more benefits. that will employ the parents of these been happening in this town since Jan- Mr. Speaker, this bill would abolish children. uary 4. It seems for the past 40 or so the entitlement status of those essen- What is required, Mr. Speaker, is an years we have had an institution in tial programs that protect our children honest appraisal, free of finger point- Congress that was not responsive to from hunger and homelessness. ing, free of race baiting, free of vitri- the needs of Americans across the What this means, Mr. Speaker, is olic attacks on lobbyless women and country; that did not seem to care that no longer are poor children guar- children, and most important, Mr. about what was going on in the lives of anteed that they will grow up with a Speaker, a real commitment to creat- middle class Americans, from Maine to roof over their head and food in their ing jobs. California, from Florida to Washington mouths. b 1520 State. In fact, things had gotten so bad In fact what our children are guaran- that just a few months back only 18 teed, Mr. Speaker, is that their basic An even more ominous provision in percent of Americans thought Congress health and nutrition needs will now be this assault on America’s children is was doing a good job. subject to individual State priorities that it would take the savings gen- Today, only a month and a half after and each new Congress views about erated by denying assistance to the un- the 104th Congress convened on Janu- their mothers and their willingness to married teens and their children. As we ary 4th, almost 50 percent of Ameri- work. debate this issue coming up next week cans now believe Congress is doing a What we have done in this bill, Mr. on the floor of the House, let’s take a good job and we are on the right track. Speaker, is to decide that welfare and hard look at the Personal Responsibil- And for good reason. Look what has single mothers and their children are ity Act and hold it responsible. happened. the root of all evil in this society and f Of course, there are things we have if we are to ever balance the budget we PROVIDING FOR CONDITIONAL AD- not addressed yet. There are problems must get these pariahs off the rolls. JOURNMENT OF HOUSE FROM we have not had time to work out. But The reality, Mr. Speaker, is that 70 TODAY UNTIL TUESDAY NEXT let us look at what we have done in percent of all welfare recipients are off AND ADJOURNMENT OR RECESS just a few short weeks. welfare in 2 years and only 12 percent OF THE SENATE FROM TODAY We have undertaken real institu- of all welfare recipients stay on welfare UNTIL WEDNESDAY NEXT tional reform, reform that all Ameri- more than 5 years. So why this body cans are in favor of, even the most sim- would base welfare policy on the 12 per- Mr. SCARBOROUGH. Mr. Speaker, I ple basic reform that Congresses in the cent of people who have not, will not or send to the desk a privileged concur- past have ignored. They have not lis- cannot get off welfare is beyond me. rent resolution (H. Con. Res. 30) and tened to what Americans have wanted. This bill would require, or as we like ask for its immediate consideration. We started with the Shays Act. The to say in Washington—mandate—that The Clerk read the concurrent reso- first day it was passed, and it is an act States deny AFDC permanently to lution, as follows: that makes Congress abide by the same families where the children were born H. CON. RES. 30 rules and regulations that they force after this bills passage to unmarried Resolved by the House of Representatives (the on individuals, on families, on busi- mothers younger than 18. States would Senate concurring), That when the House ad- nesses, on States, on the rest of Amer- also have the option to deny assistance journs on the legislative day of Thursday, ica. I cannot tell you how many times February 16, 1995, it stand adjourned until to children born to unmarried mothers 12:30 p.m. on Tuesday, February 21, 1995, or I heard people across my district and younger than 21. until noon on the second day after Members across the country pound their fist into Mr. Speaker, this bill would allow are notified to reassemble pursuant to sec- their hands, angry, saying why can States to eliminate all cash benefits to tion 2 of this concurrent resolution, which- they pass laws, and then conveniently families who have received aid for 2 ever occurs first; and that when the Senate exempt themselves from it? What years and—permanently—bar such recesses or adjourns at the close of business makes Congress and the Members of families from any future aid if the par- on Thursday, February 16, 1995, pursuant to a Congress feel so arrogant that they ent had participated in the work pro- motion made by the Majority Leader or his somehow believe that they are above designee, in accordance with this resolution, gram for at least 1 year. After 5 years, it stand recessed or adjourned until noon, or the law? Why does Congress not do States would be required/or mandated at such time on that day as may be specified what the overwhelming majority of the to terminate permanently the family by the Majority Leader or his designee in the American people want them to do. Is from cash assistance. motion to recess or adjourn, on Wednesday, this not a representative democracy? H 1898 CONGRESSIONAL RECORD — HOUSE February 16, 1995 Well, the 104th Congress answered Congress, and we have put forward time, and I am honored to be a part of the call quickly, and before we were great reform. that process. Again, it is something out the first day, we passed the Shays We also passed a limitation on tax in- that we have already passed in this Act, which pushed forward a very sim- creases. We have to have a three-fifths 104th Congress. ple proposition, and that is Congress supermajority now to pass any tax in- We passed a line-item veto. That is abides by the same laws that the rest creases on middle class citizens across something that President Ronald of us have to abide by. That was a this country. Let me tell you some- Reagan had been calling for for years. great first day. thing: That is incredibly important, That is semething that the American But if that was the only thing we had when you consider that in 1993 the 103d people have been calling for for years. done the first day, it would have been Congress ignored their constituents Look at the polls in the USA Today an unqualified success. But we went and ignored Americans from coast to and in Time and Newsweek and these further. We also cut staff by one-third. coast and passed the largest tax in- other magazines. They all say an over- Committee staff was cut by one-third. crease in the history of this country by whelming majority of Americans have And we did more than that. We cut one vote. supported a line-item veto so the Presi- congressional staff. Members now were We now require a supermajority, and dent can look through these huge budg- restricted by the number of staff they because of it, the taxpayers have re- ets filled with pork and be responsible had working in their offices and back ceived what I call a taxpayer protec- and cut out line items of wasteful in their individual districts. tion plan, to make sure that Congress spending. It is about time. We have recently passed regulations stops stealing money from citizens Again, it is something Americans that will cut franking by one-third. It across the country to feed their own have wanted this Congress to do for a special interest pork-barrel projects. is a reform that Americans have called long time, and yet it is something that And that was a great step forward, for, for years, and it is a reform that was ignored until the 104th Congress when you consider that the average the 104th Congress answered. came to town and we have passed it. American spends 50 percent of his or We also finally put term limits on Some people have said, ‘‘Well, a line- her time working to pay off taxes, fees committee chairmen. So many people item veto is great, I was for it when and regulations imposed on them by were disgusted with what they saw in Government. Ronald Reagan was President, I was for the last few Congresses, by the power Think about that. When you go to it when George Bush was President. amassed by the Dan Rostenkowskis of work on Monday morning, you are But now that Bill Clinton is President, the House, and the people said enough going to work for the Government to I don’t know if I’m for the line-item is enough. And once again the 104th pay off taxes, fees and regulations. veto anymore or not.’’ Congress answered the people’s call and When you go to work Tuesday morn- Let me tell you something. It does put term limits on committee chair- ing, you are still working for the Gov- not matter who the President is. It fi- manships. ernment. nally brings accountability to the proc- But they went a step further. They ess. even put term limits on the Speaker of b 1530 For too long we have had people on the House, something that is abso- When you go to work Wednesday both sides of Pennsylvania Avenue lutely unprecedented. morning, you are still working to pay pointing at each other. We have had You hear so much from the other side off taxes, fees and regulations put on people from the White House blaming of the aisle, trying to build up these you by the Government. It is not until the Congress, saying, ‘‘Hey, they’ve monsters and trying to vilify Members you come back from lunch on Wednes- never sent us a balanced budget.’’ The of the 104th Congress. Some have even day afternoon that you actually start same thing was argued the other way suggested that our Speaker is setting putting money into your own pocket, around. up this strong Sam Rayburn style into your own savings account for what Finally the buck stops at the White speakership, as if he is power hungry. you need to get by. House, and we have something in place The fact of the matter is Sam Rayburn Let’s put it another way. None of us where the President will finally not be would have never agreed to put term will be working for ourselves until July able to blame Congress or blame any- limits on himself. We have leadership 1. We will be working to pay off taxes, body else if these pork-barrel projects that is moving forward, we have got fees and regulation put on us by the go through. He simply takes out his Members on both sides of the aisle that Government until July 1. That means pen, lines through the appropriation, are moving forward toward institu- we all have more months to work to and we have accountability in the tional reform. And I for one say it is pay off taxes, fees and regulations put budget process, and we have it because about time. on us by the Government. Before we the 104th Congress also passed it. I know, because this time last year, I are able to put aside 1 cent for our- We have a balanced budget amend- was not a Congressman, I was not a selves, before we are able to put aside ment that is passed from this House State senator, I was not in the State money to pay off our cars, or to pay off and is now over in the Senate. That is legislature, I was not a county commis- our mortgage, or to put money aside another thing that Americans have sioner or a city councilman. I was a for our children’s educational plans or, been for for years and another thing citizen. I was a citizen who decided I heaven forbid, until we can put aside that Congress has ignored. was sick and tired of what was going any money for retirement. I have got to tell you when you start on in Washington, DC, and I wanted to Our tax system is a system that pun- lining up all these things that Ameri- be part of a real and dramatic change. ishes productivity. It is a system that cans have been for and you start realiz- As the election returns came in No- tells individuals and businesses and ing that Congresses in the years past vember 8, 1994, it became clear to every families, ‘‘The harder you work, the have covered their ears and shut their body across the country that there more you’re going to be punished.’’ eyes and pretended that Americans did were a lot of citizens like myself that We finally put in a taxpayers’ protec- not count, that they were above the had gotten off the couch. They did not tion plan. Our leader now is talking law, that they were above public opin- have special interests behind them; about a flat tax that will tax all Amer- ion, that they were above being in a they did not have power brokers behind icans evenly and fairly at the same per- representative democracy, a constitu- them; they did not have powerful party centage rate to make sure that you are tional republic, you can now see why leadership behind them. They only had not punished, that you do not pay at a the revolution took place. simple ideas behind them. They only higher percentage if you dare to be pro- People demanded accountability. Re- had reform on their side. And in 1994 ductive, if you dare to invest, if you publicans and Democrats and Independ- when all Americans got up off the dare to do things that this country was ents demanded accountability. The Re- couch and said enough is enough, the founded upon. publican Party has come to town and ideals that we put forward in our cam- We are finally moving toward encour- with the help of people on both sides of paign was enough. People called for re- aging hard work and productivity and the aisle and Independents across the form, we got elected, we came to this personal sacrifice. I say it is about country, we have passed these reforms February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1899 through. But this is not simply a Re- nally consolidate power where it needs booming economically. In fact, last publican revolution. to be, and, that is, with American gen- year China’s economic growth grew at In my district, 60 percent of the peo- erals, admirals and our Commander in a staggering 19-percent clip, and make ple who voted in the 1994 election were Chief. no mistake of it, China is using this Democrats. Sixty percent. I am a Re- But there is more than the U.N. We new-found economic prowess to de- publican. Yet I received 62 percent of have the Mexico problem. It does not velop, build, and export weapons tech- the total vote. That is overwhelming. matter where you stand on Mexico, you nology to Third World countries. We It is overwhelming because it shows have got to look and see what the have got to keep our guard up. that the issues that unite Americans President did, and it has to cause you And we have got to keep our guard up are not about whether you are Repub- a great deal of concern. Because just because a recent Foreign Affairs arti- lican or Democrat or conservative or like in Haiti, when he could not get ap- cle, which I do not subscribe to every- liberal or independent. It is about ac- proval in Congress, he wanted to push thing I read in Foreign Affairs, that is countability. It is about listening to this Mexican bailout plan, this loan for sure, but a recent Foreign Affairs Americans and voting your conscience guarantee. He said he was going to get article stated that in 5 years over 20 and voting the way Americans want it approved in Congress. He could not countries are going to have intermedi- get it approved in Congress, so what you to vote, the way that our Founding ate missile range capability, and they did he do? He bypassed Congress again, Fathers wanted us to vote. We have are not going to be the select nuclear as if we do not matter, as if the 250 mil- done it. We did it today on H.R. 7. We club that we used to have: the United lion or so Americans that this institu- have taken a crucial step forward in States, England, France, China, India; tion represents are somehow irrele- once again making our shores safe and it is going to expand and all of a sud- vant. Instead he turned and used a fund our military strong. den we might find 5 years down the There is no doubt we have had the that was set up to keep the dollar strong across the world. road that people like Saddam Hussein strongest military in the history of the and Qadhafi and our North Korean world. But unfortunately we have con- b 1540 leaders will have this weapons tech- tinued cutbacks. Many believe now But he did not use it for the dollar. nology and the ability to launch those that we are close to having a hollow weapons across continents. force. Beyond that, there has been an- He used it to prop up the peso. It cer- Let me tell you something. The other danger. There has been a danger tainly violated the spirit, if not the ac- tual letter of the law, and I would en- world is more dangerous today than it of shifting control from U.S. military courage the President of the United was 5 years ago, and anybody who tells men and women, from our generals and States to read his Constitution and you anything different is either igno- admirals and our Commander in Chief once again bring these matters to an rant of the facts that are out there to to the U.N. elected body so they can be debated be read and studied or else they are Just think about it. Think about the and discussed the way they need to, be- glossing over the truth for their own fact that we have men and women who fore they are implemented. political reasons. may go into combat, and when they go H.R. 7 also helps answer a big lie that We live in a dangerous world, and into combat, they will not be fighting has been spread, and let me tell you H.R. 7 was the first step to answer the under American generals or American what the big lie is. The big lie has been admirals. call of all Americans across this coun- spread over the past 5 years that some- try who said do not let our forces be- Is there a problem with having them how this country is safer today than it under the U.N. flag? Is there a problem come hallow like they were in the late was before the collapse of the Soviet 1970’s. with our service men and women serv- empire. Even though it sounds great, ing under foreign leaders? Yeah, there We are rebuilding this country be- even though we hear about the demise cause our children’s lives are at stake. is. of the Evil Empire and that somehow is Our troops fight to protect and de- We have welfare reform coming up, supposed to make us feel that we are in something that all Americans or a ma- fend the Constitution of the United a safer world today, the facts point out States of America. There is a real prob- jority of Americans have supported for something very different. a long time. And more importantly, we lem when the Constitution is bypassed The fact of the matter is there are in military exercises. I want to point are not only talking about these basic still nuclear missiles in Russia, they reforms in the Contract With America, out what happened in Haiti a few are still pointed our way, but there is a months back. we are talking about moving beyond big difference between now and 5 years those reforms and restructuring the We had a President who wanted to ago. Now we have madmen like push for an invasion of Haiti, but he way this government works. Zhirinovsky, a neo-Nazi ascending to But I want to ask before we talk could not get it passed through Con- power in the former Soviet Union. He about our next step, let us examine gress. He could not garner the suffi- is a man who is so unstable that he what we have done in 50 days. Let me cient support in this constitutionally threatened to nuke Germany after he read through this again because it is elected body to have support to send ascended to power because they would absolutely incredible. In 50 days or less men and women, mothers and fathers not let him in their country. to Haiti into a conflict where they We have got economic and political we have made Congress accountable by could die. and military and social chaos in the making them abide by the same laws Our Founding Fathers knew how im- Soviet Union, the former Soviet Union. that all Americans have to abide by. portant it was that our President could We cannot afford to let down our de- We have cut committee staff by one- not sent Americans into war without fenses because Boris Yeltsin may be in third. We have cut congressional staff. approval of this Congress. But what did power today, but all indications show We have cut franking by one-third. We the President of the United States do that a very powerful totalitarian force have put term limits on committee when he could not do it through con- could easily overtake the former So- chairmen, we have put term limits on stitutional channels, through the Con- viet Union again and launch us into an- the Speaker of the House. Actually the gress? He went to the United Nations. other cold war. Speaker put term limits on himself and There is a real problem with that as far It is constitutionally our first re- adopted that. as I am concerned. It usurps essential sponsibility as a Government, as a Fed- We have passed three-fifths tax limi- powers that were given to this Con- eral Government, to protect the men tation. I call it the taxpayer protection gress over 200 years ago by the Found- and women and children in this coun- plan. I do not care what you call it; ers of this great Republic. try from foreign attack. And that is what it does is it guarantees this Fed- You need to go through a democrat- what H.R. 7 does. eral Government is not going to be ically elected body if you are going to Another fact that concerns all of us, reaching in your pocket for the next 2 put Americans’ lives at risk. H.R. 7 fi- or should concern all of us, is the years, and when we pass the rest of the nally steps up to the plate and puts an growth of China. In the 1980’s, China three-fifths balanced budget amend- end to some of this madness. It is a was the second fastest growing econ- ment next year we will be protected for first step down a road where we will fi- omy in all of Asia, a region that is years to come. H 1900 CONGRESSIONAL RECORD — HOUSE February 16, 1995 We have passed line-item veto, we listening about what we did this past these four agencies. No. 1 will be to pri- have passed a balanced budget amend- week. It was on Wednesday we came vatize. Wherever we can privatize func- ment, and we have passed H.R. 7, an act forward with a proposal announcing tions and get them out to the private that will once again keep our military task forces that would develop the pro- sector, we will do that in the efficiency strong and guarantee us that we will be posals to eliminate 4 Cabinet-level of the private sector. able to answer the challenges that are agencies, the agencies of Commerce, Second will be localize. Anytime we facing us in this extremely dangerous Education, Energy, and HUD. can send these issues to the States or world. b 1550 local units of government to handle, This past week Members of the fresh- closer to the people, closer to the peo- And the proposals are that we would man class stepped forward, some have ple, that is what we will do. look at these agencies and we would called us new Federalists and they We will consolidate. Where two agen- ask the questions: Do they perform es- have called us new Federalists because cies grew that we will have one in the we have read the Federalist Papers. We sential functions? And if not, can they be eliminated? Can we get many of future so we can consolidate a number have read the writings of James Madi- of these functions and that we can son, Alexander Hamilton and John Jay these solutions and these issues back to the people? Can we give these things eliminate whatever functions are out- and other Founding Fathers, and we moded, outdated, or antiquated, that are committed to return this govern- back to the people, back to local units of government? Can we consolidate those would be eliminated. ment to be the type of government our So at the end of the day that we em- Founding Fathers intended it to be. some of these functions? Can we elimi- nate others? And getting back to what power people, we empower commu- I am moved by the words of James nities, we empower the States to be Madison who over 200 years ago as he the Founding Fathers had envisioned for our Nation. able to really deal with these issues, was framing this Constitution wrote, and we think that is where actual solu- ‘‘We have staked the entire future of It is interesting to me to note Alice Rivlin, the current Director of the Of- tions will occur. That is where homes the American civilization not upon the are built. They are built across this power of government.’’ Did you hear fice of Management and Budget, in a 1992 book, said she does not think the Nation. They are not built in bureauc- that? ‘‘We have staked the entire fu- racies in Washington. Kids are taught ture of American civilization not upon Federal Government ought to be in- in classrooms across this Nation. They the power of government, but upon the volved in education. It should not be involved in economic development. It are not taught in a bureaucracy in capacity of each of us to govern our- should not be involved in some of these Washington. Energy is dealt with in selves, to control ourselves, and sus- centralized planning functions that are the marketplace and by individual de- tain ourselves, according to the Ten taking place. And that is what we are cisions, by 250 million Americans. They Commandments of God.’’ That was talking about here. are not dealt with by a bureaucracy in James Madison, a man who helped You know, most of these Cabinet Washington. frame the Constitution. And it was agencies, three of the four, were cre- We will free and liberate people. We Thomas Jefferson who wrote the gov- ated since 1965. Housing and Urban De- will be realigning the relationship of ernment that governs least governs velopment was created in 1965. Energy the Federal Government to the people, best. and Education were created in the late And our own tenth amendment, our and it will be a very powerful thing for 1970’s. They were created at a time growth and for actually dealing with own tenth amendment, the poor, for- when we had a crisis. In the urban gotten tenth amendment says all pow- our problems, for actually accomplish- areas in the mid-1960’s, we had a crisis ing solutions to our problems, and it is ers not specifically given to the Fed- in urban America. eral Government are reserved to the desperately needed. What was our solution in that time You quote one of the early Federal- States and to the people. Think about period? Our solution was let us build a that. Read through your Constitution, ists. I quote Thomas Jefferson. Thomas government bureaucracy. We built one. Jefferson was quoted a saying that mo- I urge all of you. I carry a Constitu- In the late 1970’s we said we have a cri- tion. Get a hand copy of the Constitu- ments for great innovation in history sis in energy. What is the solution? Let are few and far between. We stand at tion. If you do not have it call my of- us build a government bureaucracy. We fice, again Congressman JOE one of those moments of great innova- have a crisis in education. What was tion in the history of this country, of SCARBOROUGH. We will get you a copy the solution? Let us build a govern- of the Constitution. Read through it the ability to realign the relationship ment bureaucracy. of the Federal Government to the peo- and read the 10th amendment and cir- So we focused centrally in Washing- cle it and look through that Constitu- ple, of making the Federal Government ton for all the solutions to these prob- the servant once again and not the tion and see what the Federal power is lems, and we put our energy and our master of the people. We are supposed empowered to do and what it is not em- focus and our efforts and intensity here to be able to help and encourage, not to powered to do. And if you force your when the problem was out there, and direct, command, and control, and that representative to live by the words of our urban cities were decaying in New is what we seek to do, and we will be a the 10th amendment, to live by the York and in Washington, DC, as the constraints of the 10th amendment, city, not the capital, and in Los Ange- better country, and we will be a growth then this Federal Government will les and in our classrooms is where the country. It will be a better society. It once again be accountable. problem was. It was not we needed will be a government for the people, We have started down that path. We more bureaucracy. It is we needed not commander of the people. And that need to continue. We need to be con- more help in the classroom, and we is what we seek to do. We will be devel- stitutionally accountable, and that is needed to liberate and free people. oping our plans and proposals, bringing what the new Federalists, that is what In housing areas, the problem was those out sometime in the springtime. freshmen reformers have been intend- not the need for a centralized planning I would encourage the American peo- ing to do this past week when we an- agency. The need was for more housing ple to contact their Congressmen if nounced bold proposals to move this in communities and to free people up they are interested and encouraged Congress forward towards a 10th to be able to deal with the problems about that. It has been interesting to amendment vision. they had in their communities. me, the early feedback we have re- I would like to recognize for a few We say these experiments have not ceived has not been you cannot do minutes a man who helped lead a very worked, that centralized planning, that; it has been, ‘‘Well, would you critical portion of the new Federalists whether in the former Soviet Union or look at the other agencies? What about agenda, and that is the Honorable SAM in the United States of America, does the Department of Labor? What about BROWNBACK from Kansas. SAM. not work in a large, diverse nation like some of the other agencies?’’ I think Mr. BROWNBACK. Mr. Speaker, I ap- the United States. that is very encouraging to open the preciate the gentleman yielding to me We think that these agencies, that floodgate of ideas and liberation for for a moment. I would just like to talk four things will guide our purposes in the people in this country and get the to Members, the Chamber and those developing the proposals to eliminate Federal Government back to its core February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1901 functions that it should do rather than said, ‘‘Mr. Reagan, how can you be a swers really occur and not just com- all the far-flung areas. conservative? Why aren’t you a lib- mand and control out of Washington. Mr. SCARBOROUGH. You mentioned eral?’’ And Ronald Reagan said, ‘‘Be- Mr. SCARBOROUGH. You know, something very interesting. You kept cause it doesn’t work.’’ And that is the again you talked about Jack Kemp and talking about these different agencies truth. It does not work. saying that they are good people. I and you kept saying it does not work. This is not about ideology. It is have been asked the question of what is I never heard you say it is about ideol- about what works. going to happen to all these good work- ogy or some right-wing radical philoso- Mr. BROWNBACK. If the gentleman ers, especially in the education field phy. I did not hear that at all. will yield further, and that is abso- because that is what I do. That is a It reminds me of when I wanted to lutely what it is. It is not about the task force I am heading up, the edu- get involved with this. It was not about ideology or the left or right or center cation task force. any deep-seated philosophy or any phil- or the middle or whatever the case I was also struck by Jack Kemp’s osophical ax I had to grind. It was might be. What this is about is what comments, and I thought, and again about what works and what does not has failed. getting back to the fact this is not ide- work. I do not think that we can stand here ological, this is not a battle over ideol- and at all say to the American people, I have got a 7-year-old boy that is in ogy. It is a battle over what works and ‘‘Look, we have not tried this. We have public schools, and I am very con- what does not work. not tried centralized planning from cerned about what type of educational Well, Mr. Kemp’s comments remind Washington on these areas.’’ We have. system he is going to be growing up in. me of the Alice Rivlin book you cite, We have tried it up to 30 years in HUD. You look at the statistics of what has and I read the book and I know you happened since the Department of Edu- We tried it for 15 years in these other agencies. It has not worked. It does not have, and I certainly hope the Presi- cation was established in 1979, and dent of the United States reads Ms. every single statistic points to a decay work. The American people want to be lib- Rivlin’s book and follows her sugges- in educational standards across this tions because they are great sugges- country. The Department of Education erated, and I will tell you what will happen when that does occur. If we say, tions. But Ms. Rivlin talked about the has been an absolute and total abject drain, the talent drain, the brain drain, failure. as far as the Department of Housing that this huge bureaucracy has caused, You know, they only provide 8 per- and Urban Development, look, we are that from 1932 to 1980, when we had this cent of funding to local schools, and not going to do this in Washington explosion of growth in the government, yet they dump on them 55 percent of anymore. We have got some funds we not only does that suck up all the their paperwork. And people talk are going to block grant to the States, money across the country to Washing- about, well, what is the problem with local units of government. We want it ton, it also sucked up all the talent we having this bureaucracy; gee, it is a generally used for housing, ‘‘but you have, extremely talented people work- great symbolic gesture. It is robbing figure out your problems.’’ There will ing in Washington, DC. money from my child, from your chil- be thousands of different solutions that So what happens when we downsize dren, and from children all across the will come forward because we have mil- these agencies, when we do away with country. lions of different people and thousands A perfect example I read on the front of different ideas and how we solve it; these bureaucracies that are prevent- of USA Today about a week ago the Topeka, KS, is different than they ing them even from showing their true Department of Education has cut fund- solve it in New York City or Austin, talents, stifling them, that are ing by $100 million for the upkeep of TX. It is just we are different people in handcuffing them? What happens? public schools to make them safe a different nation, a diverse nation, They go home, and they enrich their across the country, by $100 million, and and will come up with different solu- communities, and they enrich the yet at the same time, they are increas- tions, because one size does not fit all neighborhoods from whence they came. in America, and the same will work in ing funding on their own infrastruc- Washington, DC, does not need another education. People were saying, well, if ture, their own bureaucracy down the bureaucrat, but that bureaucrat in we do not have somebody in Washing- road by $20 million. Washington, DC will be a productive ton looking out for our children, well, So let us get this straight, they take member of the community, and that is what is going to happen to them in your money and my money and our something Alice Rivlin wrote about in education. I think what will happen to constituent’s money, tax money, they her book. She said, ‘‘So much of the them in education is things will get send it up to Washington, they put a talent is now concentrated in Washing- better, because parents care more for brokerage fee on it. Of course, every- ton, we need to spread it across the their children than somebody running body takes their little chunk of the pie country, just like we need to spread a government agency does, and people out of the brokerage fee, and then they the money back across the country and on a local school board know those send it back to the people, send it back claim to send it back to the States. families much more than somebody But now it has gotten so bad they to the communities, because our working in a government office build- Founding Fathers intended us to be a say, ‘‘We are not even sending the $100 ing in Washington. million to the States for upkeep of Nation of communities and not a Na- One final point, and then I will yield tion of bureaucracies.’’ schools to make them safe. Instead, we back the rest of the time. are cutting that out, and we are going And I am just struck. Let us talk to spend $20 million of those dollars b 1600 about some of the people briefly that fixing up our bureaucracy in Washing- The final point is that there are a are supporting this. The gentleman ton, DC.’’ number of good people that work in mentioned Jack Kemp. We have men- Now, that is a sham. That does not government, and that is what Jack tioned Alice Rivlin. I know Leon Pa- work, and it is about what does not Kemp said at our press conference, who netta once endorsed abolishing some of work. was the former Secretary of HUD, who these agencies. You know, Peggy Noonan, who was is also on board in supporting us. We Who are some of the others? Ronald Reagan’s speech writer, talked have former cabinet secretaries of all Mr. BROWNBACK. Secretary about an encounter she had with the these agencies working with us to dis- Mossbacher that used to run the De- President in the early seventies when mantle all these agencies. They run partment of Commerce was there at he was then Governor of California, them. They know they do not work. the press conference endorsing this. and she asked the President, she said, Jack was saying, ‘‘Well, these are Don Hodel, who used to run the Depart- ‘‘How could you be a conservative?’’ be- good people; there’s just too many of ment of Energy I talked to today is cause she had just gotten out of col- them, and we shouldn’t be doing this. strongly supporting us. Henson Moore lege, and she was a liberal. I do not It should be happening out in the com- that used to be the secretary in com- know if you would call Peggy Noonan a munities and the individuals,’’ and mand at the Department on Energy, I hippie. I do not know if she is ever ca- that is what we are about, having peo- visited with him today and working pable of being a hippie. Peggy Noonan ple doing these things to where the an- with him on this particular project as H 1902 CONGRESSIONAL RECORD — HOUSE February 16, 1995 well. Those are people both at HUD and the country, those being the watch we break down the difficulty that Energy. At Education, Dr. Bennett and words for us. every American faces when they ap- Lamar Alexander have publicly en- And I cannot help but think the proach Government. dorsed doing away with the Depart- original Federalists are saying, ‘‘It’s I did not know this job when I came ment of Education as a way we can cre- about time.’’ was about running interference for con- ate better education and innovation Mr. SCARBOROUGH. It is about stituents and problems that they were across the country. They both have time, and I thank the gentleman from having with agencies regarding laws publicly endorsed this as well in that Kansas [Mr. BROWNBACK] for his leader- that we have created. That was not the field. ship in this area because it is long job that I ran for, to really be a clerk, So, you have got secretaries in Com- overdue, and I hope this Congress will if you will, of taking their complaints, merce, in HUD, in Energy, in Edu- move forward, and more than that I and running to an agency and saying, cation, all saying ‘‘Look, folks. We hope that the American people that ‘‘The law that was passed in the 103d, tried it. We tried it hard. We tried it stood up and said, ‘‘Enough is enough,’’ 102d, 101st Congress is now having this with billions and trillions of dollars. on November 8 will continue to take a onerous burden on business, on the Centralized planing in the Soviet proactive role and say, ‘‘We’re not human race.’’ going to sit back anymore; we are Union, former Soviet Union or the b 1610 United States, doesn’t work. You got going to change this Government,’’ and to get it back home, and this is the they will continue to use whatever That is what it has become. So the way you do it.’’ means possible, whether it is the fax effort amongst us as freshmen and And we are just starting, and I hope machine, or talk radio, or mail, or e- sophomores and all the Members of the the American people lean in toward mail, or the town hall meetings that 104th Congress is really about making this concept and help us move this on we are all doing. I hope they will con- Government more efficient. forward to get the government back tinue to use that and put external pres- I want to make one other comment, out to the people. sure on this institution and their own because the gentleman from Florida Mr. SCARBOROUGH. If I could, and I Representative to say enough is [Mr. SCARBOROUGH] did such a tremen- know the gentleman needs to be going enough. dous job in explaining the issue that is I yield to the gentleman from Florida so important on national security. I on, but could you just tell me if your [Mr. FOLEY]. think probably one of the most pas- experience coming to Washington, DC Mr. FOLEY. I wanted to jump in the sionate speeches I heard on this floor was the same as mine because I know conversation for a moment because you was Mr. DELLUMS from California, we were both citizens and removed are hitting on, I think, a nerve out in about ideas, about making America from this process, but were you not America. What I found when I went work, about making our interest, our filled with the sense of awe when you home, the average citizen, not the po- national interest a priority to this came up here and saw freshmen, and litical pundit, not the editorial writer, Congress. So I thank the gentleman sophomores, and so-called old bulls the citizen I saw at the south Florida from Florida, because I think he has that all want to move in this direction fair came up to me and said, ‘‘Keep capsulized what the debate on national of reform and bringing power back to doing what you’re doing. Make Govern- security was about. That is what we the States? I never in a million years ment more accountable.’’ They had are here for in the 104th Congress. expected to find so many allies in this their little children with them, and the Mr. SCARBOROUGH. You bring up cause to downsize the Federal Govern- detailed stories of trying to get infor- Mr. DELLUMS. You talked about your ment, and it just amazes me that we mation out of the school board or try- surprises when coming to Congress. I have done more in 50 days than the ing to call Tallahassee for information am going to tell you one of my sur- past Congresses have been able to do in about their student’s performance, prises coming to Congress. I had cam- the past 50 years as far as institutional their child’s performance. It was un- paigned, I am from northwest Florida, reform, and I yield to the gentleman. available. we believe in a very strong national de- Mr. BROWNBACK. That is obviously So what I am hearing from the citi- fense down there, and RON DELLUMS the case, and that is what I am getting zenry out there: has been perceived as a super liberal. as well, and we had at that same press It’s not about being a Republican or And somebody during the campaign, conference the chairman of the Com- Democrat. It is about being American, quite frankly I heard a lot of questions mittee on Appropriations, the gen- about making a Government work. about it. People said what is the deal tleman from Louisiana [Mr. LIVING- I served with you both on the re- with this RON DELLUMS guy? When I STON], the chairman of the Committee structuring, if you will, of some of came up and started talking to people on the Budget, the gentleman from these agencies; I am on the Energy on the Committee on National Secu- Ohio [Mr. KASICH], the chairman of the Committee, the subcommittee, work- rity, I would be talking about him, and Committee on Rules, the gentleman ing on reform. It is ironic in one of the I was amazed that these hawks that from New York [Mr. SOLOMON], all of committees the other day I am reading were always on the opposite side of which acted as if their soul was having the material about the Energy Depart- RON DELLUMS it seemed like on every a chorus of angels singing to it, but ment and how they have a clean coal issue, spoke in the most glowing terms they were ecstatic that here were peo- study, and this clean coal study is to of Mr. DELLUMS because he is a very ar- ple willing to stand up and say, allow us to use a variety of fossil fuels ticulate speaker, he has very deep con- ‘‘Enough is enough. We tried it. It to diversify away from just gas, and victions, and he says what he means. doesn’t work. It’s time to try some- oil, petroleum, to use coal. Well, clean That is what I was alluding to before, thing else.’’ coal, we are spending millions of dol- we can have disagreements on issues, And then they were all saying that, lars on technology to make it available we can disagree on the best way to and that is what I continue to get from and efficient. At the same time in my have welfare reform, we can have dis- people all across the Government and district in Florida Carol Browner, who agreements on what is the best way to across the Nation. Look, we have tried is at EPA, has canceled the program to protect our shores. As long as we keep it, and we have really tried it. It is build a clean coal facility in Okeecho- the debate at the level that Mr. DEL- time to move on, and let us try some- bee, so you have one agency making LUMS always keeps the debate and thing different that we think really rules saying, ‘‘We want to have this other Members on our side of the aisle can work and can be liberating to the technology,’’ and one agency of the always keep the debate, we will be fine. people across the country, and you are same branch of the Government ap- Because in the end it is not about an seeing it take place from this freshman pointed by the same President of the ideological argument. It is not about reform group, 73 of us coming in strong United States and saying, ‘‘No, but we who is going to win, whether Bill Buck- at this time, many of us elected on the don’t want to do that.’’ ley or Mike Kinsley or whoever is on type of agenda I was, reduce the Fed- So the dilemma here for all of us as whatever side of what issue as a com- eral Government, reform the Congress, new Representatives, as freshmen of mentator. They can do that on TV and return to the basic values that built the 104th Congress, is to figure out how they can yell at each other and get February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1903 high ratings. But we have to hold our- Mr. SCARBOROUGH. Reclaiming the But I want to spend a moment of the selves to a higher standard. We need to time, anybody who has seen the De- discussion on crime. We have had a be interested in what works. partment of Education in Tallahassee, great deal of debate over the last week Let me tell you, the reforms we have as I know you have, knows that that is and a half on an issue that plagues undertaken in the first 50 days have enough of a bureaucracy for our chil- America, and that is the crime in our worked, and have put this country dren in the State of Florida, and I have country. A murder is committed in the back on track for the first time in a got to tell you it is a duplication of United States every 21 minutes, a rape very long time. I am hearing that services, not only in Florida, but all every 5 minutes, a robbery every 46 sec- where I am going, and you have alluded across the country. onds, an aggravated assault every 29 to the fact that you are hearing about It is the same thing with a lot of seconds, a burglary every 10 seconds, that where you are going. Are all the other departments. We do not need two and a larceny theft every 4 seconds. constituents you talk to, are they all departments of education to teach our That is a sad commentary on our in one accord about that? children. We need to free up tax dollars country. That is a sad part of Ameri- Mr. FOLEY. I don’t know if they for individuals across this country that ca’s heritage that we must change. agree philosophically on everything we educate their children and once again On average, violent offenders are re- are doing, but they agree there is a se- give them choice and give them free- leased from prison, receive a sentence rious problem. On welfare, they know dom to have their children taught in and serve an average of 7.8 years, but there is a problem. They know it is not the way that they want to have them they only serve 3.1. More than 40 per- working. They know if you spent $5 be taught. And if we listen to the ideas cent of murderers released from State trillion and the poverty level is higher of Madison and Jefferson and the prisons are arrested for a felony or se- than it was when the war on poverty Founders of this great Republic, and if rious misdemeanor within 3 years. A was enacted, they know there is a sig- we once again look at the 10th amend- 40-percent recidivism rate. More than nificant difficulty. ment that once again says all powers 20 percent are arrested for violent You were talking about education not specifically given to the Federal crimes within 3 years, and 1 in 15 is ar- with the gentleman from Kansas [Mr. Government in the Constitution are re- rested for another homicide. At least 30 BROWNBACK]. In Tallahassee, as the served to States and citizens, if we fol- percent of murders are committed by gentleman knows, we have a 17-story low that path, we will once again be- people on probation, parole, or bail. building designed by I.M. Pei, the come the type of nation we were in- Another sad commentary is violent internationally renowned architect. tended to be, and that is a nation of crimes by juveniles. Of those arrested That building is as out of character communities, a nation of families, and for violent crimes between 1987 and with the landscape of Tallahassee as a nation of individuals who once again 1992, 29 percent were under the age of anything I have seen. It is not about take control of their own lives and can 19. Between 1985 and 1991, the number ideas, it is people in that building who decide the way they want their com- of 15-year-olds arrested for murder have never taught a classroom. That is munity to be run, the way they want jumped 217 percent. We had the sad a fundamental problem with the De- their family to be protected and tragedy in Florida of a British tourist partment of Education in our State, taught, and the way they want their being killed. The perpetrator, alleged that people are processing papers about own life to be run. perpetrator, of that crime had been ar- our children. But the results never It is a very constitutional premise, rested 53 times. Fifty-three times he change for our children. The hands-on and I for one am honored and fell very had been arrested. Sadly enough, the experience of the classroom will never privileged to be part of this process and person was 13 years old that is accused get any better if we run it from our to be part of the 104th Congress that of committing the murders on those capitals of Tallahassee and Washing- actually dares to debate the great is- British tourists. ton. sues of the day. If we continue to do b 1620 What I am hearing from people again this, the second 50 days of our 100-day is the fact that they feel that this is plan, and of the next 2 years, then this How are we going to change the sta- the greatest Nation on Earth, but they country will see change like it has tistics in our country? How are we want to have pride in the people they never seen change before, and citizens going to ensure that our young people have sent here. They do not want us across this country, men and women, are safe on our street? How can we look yelling across the aisle and screaming will be empowered, and once again will at our families and our communities at a Democrat. As Mr. DELLUMS said, it have confidence in their country and across America and give them some as- is about ideas. I will challenge you on believe that their elected leaders came surance that they can walk to the mall your ideas, on your convictions, on here for a reason, and that reason was in their local communities, that they what matters for this Government, but to serve. can take the dog out for a walk? That I will not challenge you personally. Mr. Speaker, I yield back the balance they can feel comfortable going to What I am hearing when people call of my time. their car in a parking garage in an of- when we have been on C–SPAN and fice structure throughout our cities? have been talking about the very issue f How can we be as certain of that safety of the day, they are delighted we are for America? responding to what is their opinion. A DISCUSSION OF THE CRIME We have enacted some very, very PROBLEM IN AMERICA Mr. SCARBOROUGH, as you know, we strong issues this week on the floor: have been accused with the contract of The SPEAKER pro tempore. Under a H.R. 3, Victim Restitution Act. I told propaganda, of Republican stream- previous order of the House, the gen- you on the floor of what happened to rolling everybody on ideas. tleman from Florida [Mr. FOLEY] is me when my home was broken into The premises of the contract, the 10 recognized for 5 minutes. years ago, and the young fellow, the ju- points of the contract were designed Mr. FOLEY. Mr. Speaker, I ask unan- venile, had been arrested 17 times, 17 from surveys throughout America of imous consent to request the House for separate occasions. The father came to what people were asking for, about 5 minutes and revise and extend my re- the courtroom and said, ‘‘Your honor, term limits, about a balanced budget. marks. we’re trying, our son’s a good boy.’’ These are not ideas we sat around at Mr. Speaker, I thank the gentle- And each time the judge would allow Republican party headquarters and woman from North Carolina for giving probation for the child who had robbed thought up ourselves. This is the me an opportunity to proceed ahead. 17 homes. American public saying these are the I also want to commend the gen- On this particular occasion, the judge changes we want. We are acting. We tleman from Pensacola [Mr. looked down from the bench, the father are working on an agenda. There is SCARBOROUGH] for his brilliant testi- started that same excuse, the judge considerable reason for disagreement mony before the House and his compas- looked down and said, on some of the premises, but we are sion with which he has brought his ef- Let me make you a deal, sir. Mr. Foley has working in a collegial body that makes forts from the great State of Florida to lost $3,000 because of your son and he can’t this body so effective and efficient. this body. seem to remember where the merchandise is H 1904 CONGRESSIONAL RECORD — HOUSE February 16, 1995 from his home. I’ll make you a deal. be abused and feel comfortable in this Kennedy said it best, 34 years ago, You be here with a check made payable great country of ours, in America. when he stated, ‘‘A country that can- to the clerk for $3,000 by noon tomor- f not help the many who are poor cannot row. If you’re not here at 12:01, there help the few who are rich.’’ The con- will be a bench warrant issued for you FEDERAL FOOD ASSISTANCE tract to which each Member is bound, and your son and I’ll put you both in The SPEAKER pro tempore (Mr. is to work in the best interest of the jail until you decide who’s going to be GOSS). Under the Speaker’s announced American people. On election day, we boss of the family. policy of January 4, 1995, the gentle- offered our services to this great coun- With that the father hits the kid in woman from North Carolina [Mrs. try, and voters accepted our offer, from the head and said, ‘‘Look what you got CLAYTON] is recognized for 40 minutes Rocky Mount, NC, and across the Unit- me into.’’ It took money out of the fa- as the designee of the minority leader. ed States. ther’s pocket to make him recognize he Mrs. CLAYTON. Mr. Speaker, there We all have a Contract With Amer- was responsible for his son. is a provision in H.R. 4, the Personal ica. That contract involves being open That is what we are doing with vic- Responsibility Act of 1995, that is irre- to the challenge of change. We, in the tim restitution, making the victim sponsible. As written, that provision Congress, must get beyond partisan whole from their tragedy, from their would convert Federal food assistance politics and move to the high ground of loss, having the criminal repay not programs into block grants. Block principle. This is a new day and a new only their debt to society by serving grant funds are free funds to State and time. There are problems which we face time but paying the victim back for local governments. They may not be that transcend party and politics. their losses. used as intended. This irresponsible Teenage pregnancies stifle an entire The Criminal Alien Deportation Act provision thus puts at risk various nu- community. Violence of any kind, is something very important to me, be- tritional programs, such as food whether driven by drugs or propelled cause 5,500 people that are locked in stamps, school breakfast and lunches, by deep philosophical differences, can the prisons of Florida are illegally in Meals on Wheels, and the Commodity not and must not be tolerated. Eco- our country. The bill we passed last Supplemental Program. nomic justice must ring true this Con- week will allow for deportation prior to When H.R. 4 comes to the floor, I will gress. No child and no senior citizen their sentence completion back to offer an amendment to restore the Fed- should face hunger in this land of plen- their countries. eral food assistance program. The ty. What do we do now? We allow them block grant proposal does not take into If welfare reform is to have any sig- to serve the time in jail, then we re- account increased school enrollments, nificance, we must combine with it a lease them and give them a hearing changing economic conditions, and na- meaningful jobs program. And, welfare date to come back for a deportation tional food nutrition standards. Con- reform without minimum wage reform hearing. They are criminals, they are fronting hunger in America is a serious is no reform. With a meaningful jobs not returning to a courtroom to be de- matter. It should not be left to artifi- program, there would be less urgency ported out of this country. They dis- cial time pressures and blind budget for another crime bill. Instead of calls appear; 48,000 failed to appear last year bludgeoning. It is not responsible to to take back our streets, there should alone under that scenario. put the health of our seniors and chil- be calls to give our streets back to the Our bill provides that they can be de- dren at risk. I invite my colleagues to average, hard-working, God fearing cit- ported from inside the jail cell to their join me in amending H.R. 4 to make it izen. Unfortunately, on this issue, Con- countries, not allowed to roam the responsible on the issue of hunger. I gress has failed to heed the call. Last street, not allowed to commit other will say more about that later. On the week and this week, the majority crimes. That is going to make big first day of this, the 104th Congress, I pushed through radical changes in our headway in the problems in America. It pointed out to my colleagues, that as law enforcement system. They sliced will also open up beds so that we can we begin our work this year, we must fourth amendment rights, eliminating keep the rapists and murderers out of remember that our first responsibility habeas corpus protections, cut preven- our prisons. is not to the parties to which we be- tion programs, community cops pro- Local government law enforcement long, but to the people we represent. gram eliminated and put money in to block grants, sending the money to the It is for that reason that I supported build more jails. It is a sad and dif- States and allowing them to decide many of the early votes on reform and ficult time for our Nation. what is the most important crime- several parts of the proposed rules I too believe we can make our Gov- fighting mechanism within their com- package put forth by the new majority ernment smaller, yet more efficient munity. party. I believe the majority struc- and more effective. That is why I ap- These are a number of the things tured some important changes to the plauded and supported several of the that we enacted this week. But some- way we function, and those changes reforms offered by the majority. But, thing strikes me that we did not dis- should not have been rejected by real reform must include an end to gag cuss what we need to discuss in Amer- Democrats simply because they were rules. There are important amend- ica and we need to discuss it forcefully, offered by Republicans. At the same ments that those of us in the new mi- is the protection of our children from time, I reminded my colleagues that we nority party have wanted to offer, sexual exploitation and sexual vio- must be forever mindful that no Mem- amendments designed to improve and lence. ber in this Chamber has a premium on perfect the legislation presented. But Sean from my office told me that what’s best for this Nation. We all have Members have been muzzled by a ma- there is an incident that is going to be a Contract With America. What makes jority determined to press their 100-day reported tomorrow morning in the us a great Nation is the compassion we agenda under any and all cir- paper in our community about child show for those who live in the shadows cumstances. I will continue to stand up pornography and the people that were of life. We are strong because histori- as part of the loyal opposition when I involved. Once again we read in the cally we have been able to make a believe pomposity, audacity, and du- headlines of another child dying or place for all who live here, including plicity confront us. No party or person being abused or used in such a nasty those least able to help themselves— has en exclusive on such things as fam- and disgusting way that we allow our the young, the poor, the disabled. ily values and personal responsibility. children to fall prey to these types of In this time of increased scrutiny, we Those are standards I absolutely hold people. must examine each and every program, dear. And, no party or person should be These are the things that we must but we must also consider each and able to take the right to speak from fight as Americans. We must protect every person affected by our changes. any of us. Too many have sacrificed for our children from sexual violence, sex- We must ask the question: Who is that precious liberty. Let no one for- ual abuse. We need to act together as a helped and who is hurt? And, at the end get. We all have a Contract With Amer- Congress to make certain that the chil- of each day, we must be honest about ica. That is why I support the call of dren today and in the future know that whether our actions helped the many President Clinton for an increase in the they are safe, know that they will not in need or the few in clover. President minimum wage by 90 cents, over the February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1905 next 2 years. This increase would raise line. It makes little sense to discuss chance. A chance is a reasonable in- the minimum wage from its current welfare reform when working full time crease in the minimum wage, as pro- level of $4.25 to $5.15. This is a much- does not make a family any better off posed by the President. We should re- needed increase. than being on welfare full time. Work ward work. The economy is hurt by the There has been much talk about wel- should be a prize. It should not be a income gap between the rich and the fare reform recently. I support welfare penalty. Work is a penalty when, de- poor in America. If we want to help the reform. The current system does not spite an individuals best efforts, living economy, help women achieve a level work well, and it does not promote is an unrelenting, daily struggle. Work of equality, help our children and help self-sufficiency. Reform, however, does is a prize when enough is earned to pay all Americans achieve a better quality not mean change for the sake of for essentials. Other nations, around of life, we should pass a bill to increase change. Reform means change for the the world, have been faced with the gap the minimum wage. The best welfare sake of improvement. As we move to between high- and low-income workers. reform is minimum wage reform. reform the welfare system, we must Those that have been able to close the Mr. Speaker, I would like now to make sure that we make a better sys- gap are the nations that have enacted turn to the primary topic of my discus- tem, not just a different system. Wel- minimum wage increases for their sion for today. As I indicated at the fare reform without wage reform will workers. outset, the Personal Responsibility Act not work. The gap in income is growing We can learn from the experience of of 1995 [PRA], a part of the Contract between those who have a lot of money Germany, Japan, and France, for exam- With America, would convert all Fed- and those who have a little money. ple. It should be noted that 62 percent eral food assistance programs into That is unacceptable. According to of all minimum wage workers are block grants. I have many concerns Business Week magazine, the income women. Welfare reform, in the absence with that proposal. My concerns are: gap ‘‘hurts the economy.’’ Almost half of minimum wage reform, will hurt First, providing for block grants for of the money in America is in the women in a lopsided way. The Contract the various nutrition programs would hands of just 20 percent of the people. With America proposes to put 1.5 mil- require the development of a formula That top 20 percent is made up of fami- lion welfare recipients into below mini- for the distribution of the block grant lies with the highest incomes. mum wage jobs by the year 2001. Most funds. Is there a way to develop a for- The bottom 20 percent has less than 5 of those will be women. The number of mula that is fair and works? percent of the money in their hands. A working poor increased by 42 percent Second, Federal food assistance pro- modest increase in the minimum wage between 1980 and 1992. Many of those grams would be cut by $17.5 billion in could help the bottom 20 percent, and, were women. In fact, income inequality the first 4 years under the Contract it will not hurt the top 20 percent. in America is higher than it has been With America. Can those programs sus- Without an increase in the minimum since 1947. Forty-eight percent of all tain such cuts and be effective? wage, those with little money end up poor children have parents who work Third, according to a Department of with less money. That is because the full time. In addition, a recent study Agriculture study, the formula pro- cost of living continues to rise. By 1993, indicates that job growth in America is posed by the Contract With America families in the top 20 percent had an lowest where the income gap is widest. resulted in big winners and big losers. average income of $104,616. Families in Closing the gap helps create jobs rather Is it possible to develop a formula that the bottom 20 percent in America had than reduce jobs. meets the needs of the intended bene- an average income of just $12,964. Those who argue that an increase in ficiaries? That is a gap of more than $90,000. the minimum wage will cause job Fourth, under the block grant pro- That amount of money makes a big dif- losses, fail to look at the facts. First, gram, States could use food assistance ference in the ability of families to buy no increase has caused job losses. But, funds in any way, including cash food and shelter, to pay for energy to more importantly, other recent studies grants and for purposes other than food heat their homes, and to be able to have shown that an increase in the purchases. I have two concerns about clothe, care for, and educate their chil- minimum wage tends to cause an in- that: Won’t the use of cash grants dren. That amount of money makes the crease in jobs, rather than a loss of make fraud and abuse easier and won’t difference between families with abun- jobs. The States of Pennsylvania and allowing the cash grants to be used for dance and families in poverty. An in- New Jersey, subject of one of those purposes other than food purchases de- crease in the minimum wage won’t pro- studies, provide a classic example. New feat the intent of the program? vide abundance, but it can raise work- Jersey raised its minimum wage to Fifth, a major limitation of a block ing families out of poverty. As income $5.05. Pennsylvania kept its minimum grant program is its inflexibility, par- dropped for low income families during wage at the required level, $4.25. Jobs ticularly when the economy changes. the decade of the 1980’s, costs esca- increased in New Jersey. There were no How would such a program compare to lated. While the income for the bottom job increases in Pennsylvania. I want the existing Food Stamp Program and 20 percent was declining, the rate of in- my State of North Carolina to benefit other programs, like school breakfast flation for food, shelter, heating fuel, from the New Jersey example. Indeed, and school lunch? clothing, transportation, and medical a recent survey of employment prac- Sixth, in North Carolina, the nutri- care, was increasing. In other words, tices in North Carolina, after the 1991 tion programs serve as an economic the cost of break, milk, eggs, a place to minimum wage increase, found that stimulus and stabilizer for the State, sleep, heat, clothing to wear, a bus there was no significant drop in em- especially for the farm community. ride, and a visit to the doctor went up, ployment. The survey also found that Have changes to these programs taken as the income of poor people went there was no measurable increase in into account the negative impact such down. The rate of inflation for each of food prices. In addition, the survey changes might have on State and local those items increased, on average, 60 found that workers’ wages actually in- economies? percent, with a low of 36 percent and a creased by more than the required Seventh, what will happen when high of 117 percent. Despite these spi- change. States use up funds that have been pro- raling prices, Congress did not take There are an estimated 117,000 mini- vided under a block grant program? any steps to increase the minimum mum wage workers in North Carolina. Eighth, elementary and secondary wage, and poor people, the bottom 20 Those workers are not just numbers. school enrollments are expected to rise percent of America, became poorer. They are people, with families and by 8 percent over the next 5 years. That deep valley remains with us children. They are farmers and food What will happen when school popu- today. service workers, mechanics and ma- lations grow, and the money runs out? The bottom 20 percent of our citizens chine operators. They are in construc- Ninth, will we have waiting lists and can have a full-time employee in the tion work and sales, health, and clean- lines of people who may have missed an family, working at least 40 hours a ing services, and a range of other occu- opportunity to participate in a pro- week, and still not be able to make pations. Their families helped build gram? ends meet. The earnings of that family America, and they can help rebuild it. Tenth, can we truly expect adminis- could place them below the poverty They do not need charity, they need a trative savings through block grants H 1906 CONGRESSIONAL RECORD — HOUSE February 16, 1995 when the various nutrition programs b 1654 Ms. RIVERS, for 5 minutes, today. are so different that they will need to Ms. KAPTUR, for 5 minutes, today. AFTER RECESS be administered separately? Mr. OWENS, for 5 minutes, today. Eleventh, the WIC Program has The recess having expired, the House Mr. TUCKER, for 5 minutes, today. worked and worked well. Why are we was called to order by the Speaker pro (The following Members (at the re- trying to fix something that isn’t tempore [Mr. GOSS] at 4 o’clock and 54 quest of Mr. SALMON) to revise and ex- broke? minutes p.m. tend their remarks and include extra- Mr. Speaker, the Children’s Defense f neous material:) Fund has prepared an excellent briefing Mr. KIM, for 5 minutes, today. MESSAGE FROM THE SENATE book on welfare reform, which was pub- Mr. SALMON, for 5 minutes, today. lished in January of this year. I want A message from the Senate by Mr. Mr. CHRISTENSEN, for 5 minutes, to especially draw my colleagues’ at- Hallen, one of its clerks, announced today. that the Senate had passed without tention to the section of the briefing f book entitled, ‘‘Why Safety Net Enti- amendment a concurrent resolution of tlements Must Not Be Converted Into the House of the following title: EXTENSION OF REMARKS Block Grants.’’ Let me share with you H. Con. Res. 30. Concurrent resolution pro- the findings of the Children’s Defense viding for an adjournment of the two Houses. By unanimous consent, permission to revise and extend remarks was granted Fund from that section: The message also announced that to: pursuant to Public Law 86–380, the WHY SAFETY NET ENTITLEMENTS MUST NOT BE (The following Members (at the re- CONVERTED INTO BLOCK GRANTS Chair, on behalf of the Vice President, quest of Mr. TUCKER) and to include ex- appoints Mr. KEMPTHORNE to the Advi- A number of proposals are being circulated traneous matter:) that would transform key means-tested ‘‘en- sory Commission on Intergovernmental Mr. HAMILTON, in two instances. titlement’’ programs (food stamps, school Relations, vice Mr. Durenberger. Mr. MCDERMOTT. lunches and other child nutrition programs, f Medicaid, AFDC, and Foster Care and Adop- Mr. DEUTSCH. tion Assistance, among others) into block LEAVE OF ABSENCE Mr. DINGELL. grants. Such a transformation of these key Mr. JACOBS, in two instances. By unanimous consent, leave of ab- safety net programs would do incalculable Mr. GEPHARDT. sence was granted to: damage to America’s children and families, Mr. BARCIA. states’ finances, and the nation’s future. Mr. MCHUGH (at the request of Mr. Ms. ESHOO. ARMEY), for after 12:30 p.m. today, on Mr. Speaker, we must reform our Mr. POSHARD. account of official business at Fort welfare system but we should improve Mr. CLAY. Drum, NY, with the Secretary of De- the system for the people and the Na- Mr. BARRETT of Wisconsin. fense and the Chairman of the Joint tion. We should do more than slogans. Mr. OLVER. Chiefs of Staff; Mr. NEAL of Massachusetts. b 1640 Mrs. CHENOWETH (at the request of Mr. VISCLOSKY. Mr. ARMEY), for today after 1:30 p.m., Mr. Speaker, yes, we should reform Mrs. THURMAN, in two instances. on account of family illness; our welfare system, because our wel- Mr. OBERSTAR. Mr. GENE GREEN of Texas (at the re- fare system is not working. But we Mr. VENTO. quest of Mr. GEPHARDT), for today, on should not reform the system just for Mr. LIPINSKI. account of official business; change itself. We should reform the Mr. KENNEDY of Massachusetts. Mr. HASTINGS of Florida (at the re- system to make it a better system. Mr. MFUME. quest of Mr. GEPHARDT), for today, on We are called on to have a contract Mr. STOKES. account of personal business. with our citizens that we represent. We Ms. DELAURO. f were called to be faithful to our prom- Mr. MOAKLEY, in two instances. ise that we would obey the Constitu- SPECIAL ORDERS GRANTED Mr. MONTGOMERY. tion. I urge us to go beyond slogans, (The following Members (at the re- By unanimous consent, permission to just slogans. Personal responsibility quest of Mr. SALMON) and to include ex- address the House, following the legis- also takes in responsibility from this traneous matter:) lative program and any special orders Congress. We have a responsibility to Mr. DAVIS. heretofore entered, was granted to: make sure these programs are adminis- Mr. GILMAN in four instances. (The following Members (at the re- tered efficiently as well as effectively. Mr. BALLENGER. quest of Mrs. CLAYTON and to include Slogans will not feed the poor. Only Mr. NEY. extraneous matter:) our working to make sure these pro- Mr. CUNNINGHAM. Mr. HALL of Texas. grams work will. And I urge my citi- Mr. BEREUTER. Mr. ROHRABACHER. zens, I urge my colleagues as well as Mr. CLINGER. Mr. YOUNG of Florida. citizens, to understand the nutrition Mrs. JOHNSON of Connecticut. Mr. WARD. programs have worked well for Amer- Mr. SHUSTER. Mr. CALVERT. ica. Mr. QUINN. Mrs. SCHROEDER. f Mr. EMERSON. Mr. HOKE. The SPEAKER pro tempore (Mr. Mr. RADANOVICH. Mr. LUCAS. GOSS). Under the Speaker’s announced Mr. MOORHEAD. Mrs. COLLINS of Illinois. policy of January 4, 1995, the gen- Mr. HORN. Mr. WYDEN. tleman from California [Mr. DORNAN] is Mr. FORBES. Mr. LARGENT. recognized for 15 minutes. Mr. SAXTON. Mr. BRYANT of Texas. [Mr. DORNAN addressed the House. Mr. WILLIAMS. f His remarks will appear hereafter in Mr. YOUNG of Alaska. the Extensions of Remarks.] Mr. SHUSTER. ADJOURNMENT f Mr. BONILLA. Mr. FOLEY. Mr. Speaker, I move Mr. SAXTON. that the House do now adjourn. RECESS Mr. HAYES. The motion was agreed to. Pursuant to clause 12, rule I, the (The following Members (at the re- The SPEAKER pro tempore. Pursu- Chair declares the House in recess sub- quest of Mr. TUCKER) to revise and ex- ant to the provisions of House Concur- ject to the call of the Chair. tend their remarks and include extra- rent Resolution 30 of the 104th Con- Accordingly (at 4 o’clock and 48 min- neous material:) gress, the House stands adjourned until utes p.m.) the House stood in recess Ms. DELAURO, for 5 minutes, today. 12:30 p.m., Tuesday, February 21, 1995, subject to the call of the Chair. Mr. WILLIAMS, for 5 minutes, today. for morning hour debates. February 16, 1995 CONGRESSIONAL RECORD — HOUSE H 1907 Thereupon (at 4 o’clock and 55 min- By Mr. MONTGOMERY: By Mr. DEAL of Georgia (for himself, utes p.m.), pursuant to House Concur- H.R. 973. A bill to amend the Internal Rev- Mr. CLEMENT, Mr. TANNER, Mr. STEN- rent Resolution 30, the House ad- enue Code of 1986 to provide that the statute HOLM, Mrs. LINCOLN, Mrs. THURMAN, journed until Tuesday, February 21, of limitations shall not bar a claim for credit Mr. BREWSTER, Mr. HAYES, Mr. HOLD- EN, Mr. LAUGHLIN, Mr. LIPINSKI, Mr. 1995, at 12:30 p.m. or refund based on a retroactive determina- tion of an entitlement to receive military MCHALE, Mr. MINGE, Mr. MONTGOM- f disability benefits; to the Committee on ERY, and Mr. PETERSON of Min- Ways and Means. nesota): EXECUTIVE COMMUNICATIONS, By Mr. ABERCROMBIE (for himself, H.R. 982. A bill to reconnect welfare fami- ETC. lies to the world of work, make work pay, Mr. OBERSTAR, and Mr. ROTH): strengthen families, require personal respon- Under clause 2 of rule XXIV, execu- H.R. 974. A bill to amend the Internal Rev- sibility, and support State flexibility; to the enue Code of 1986 to restore a 100 percent de- tive communications were taken from Committee on Ways and Means, and in addi- duction for business meals and entertain- the Speaker’s table and referred as fol- tion to the Committees on Economic and lows: ment and the deduction for the travel ex- Educational Opportunities, Commerce, Agri- penses of spouses and others accompanying 379. A letter from the Acting Chairman, culture, Banking and Financial Services, the Nuclear Regulatory Commission, transmit- the taxpayer on business; to the Committee Judiciary, and the Budget, for a period to be ting a report on abnormal occurrences at li- on Ways and Means. subsequently determined by the Speaker, in censed nuclear facilities for the third quar- By Mr. BAKER of Louisiana: each case for consideration of such provi- ter of calendar year 1994, pursuant to 42 H.R. 975. A bill to amend title XIX of the sions as fall within the jurisdiction of the U.S.C. 5848; to the Committee on Commerce. Social Security Act to make optional the committee concerned. 380. A letter from the Comptroller General provision of nonemergency medical transpor- By Mr. DeFAZIO (for himself, Mr. of the United States, transmitting the Janu- tation services under the Medicaid Program BROWN of Ohio, Mr. BARRETT of Wis- ary listing of new investigations, audits, and and to deny Federal financial participation consin, Mr. EVANS, Ms. FURSE, Mr. evaluations; to the Committee on Govern- for such services; to the Committee on Com- HINCHEY, Mr. GEJDENSON, Mrs. ment Reform and Oversight. merce. MALONEY, Mr. PALLONE, Mr. SABO, Mrs. SCHROEDER, Mr. SERRANO, Mr. f H.R. 976. A bill to amend title 18, United States Code, to prevent price gouging during STARK, Ms. WOOLSEY, and Mr. MILLER REPORTS OF COMMITTEES ON disasters; to the Committee on the Judici- of California): PUBLIC BILLS AND RESOLUTIONS ary. H.R. 983. A bill to further establish the bal- By Mr. BARTLETT of Maryland: listic missile defense policy of the United Under clause 2 of rule XIII, reports of States; to the Committee on National Secu- H.R. 977. A bill to amend the Goals 2000; rity. committees were delivered to the Clerk Educate America Act to eliminate the Na- By Mr. GORDON: for printing and reference to the proper tional Education Standards and Improve- calendar, as follows: H.R. 984. A bill to expand the boundaries of ment Council, and for other purposes; to the the Stones River National Battlefield in Mr. QUILLEN: Committee on Rules. House Committee on Economic and Educational Tennessee, and for other purposes; to the Resolution 88. Resolution providing for con- Opportunities. Committee on Resources. sideration of the bill (H.R. 831) to amend the By Mr. BLUTE: By Mr. LARGENT (for himself, Mr. Internal Revenue Code of 1986 to perma- H.R. 978. A bill to amend the formula for ISTOOK, Mr. BREWSTER, Mr. LUCAS, nently extend the deduction for the health determining the official mail allowance for Mr. WATTS of Oklahoma, and Mr. insurance costs of self-employed individuals, Members of the House of Representatives; to COBURN): to repeal the provision permitting non- amend the provisions of title 39, United H.R. 985. A bill to provide tax incentives to recognition of gain on sales and exchanges States Code, relating to the franking privi- encourage production of oil and gas within effectuating policies of the Federal Commu- lege for Members of Congress and provide the United States, and for other purposes; to nications Commission, and for other pur- that the provisions of law preventing Mem- the Committee on Ways and Means. poses (Rept. 104–38). Referred to the House bers from sending mass mailings within the By Mrs. LOWEY (for herself, Ms. MOL- Calendar. INARI, Mr. MILLER of California, Mrs. Mr. CLINGER: Committee on Government 60-day period immediately before an election MALONEY, Ms. WOOLSEY, Ms. PELOSI, Reform and Oversight. H.R. 450. A bill to en- be expanded so as to prevent Members from Mr. FROST, Ms. NORTON, Mrs. MINK of sure economy and efficiency of Federal Gov- mailing any unsolicited franked mail within Hawaii, and Mr. MARTINEZ): ernment operations by establishing a mora- that period, and for other purposes; to the Committee on House Oversight, and in addi- H.R. 986. A bill to establish a program to torium on regulatory rulemaking actions, provide child care through public-private tion to the Committee on Government Re- and for other purposes; with an amendment partnerships; to the Committee on Economic form and Oversight, for a period to be subse- (Rept. 104–39 Pt. 1). Ordered to be printed. and Educational Opportunities. quently determined by the Speaker, in each f By Mr. LUCAS (for himself, Mr. case for consideration of such provisions as COBURN, Mr. BREWSTER, Mr. WATTS of PUBLIC BILLS AND RESOLUTIONS fall within the jurisdiction of the committee Oklahoma, Mr. ISTOOK, Mr. LARGENT, concerned. and Mr. POSHARD): Under clause 5 of rule X and clause 4 By Mr. BROWDER (for himself and Mr. of rule XXII, public bills and resolu- H.R. 987. A bill to encourage production of HANSEN): oil and gas within the United States by pro- tions were introduced and severally re- H.R. 979. A bill to require the Secretary of viding tax incentives and easing regulatory ferred as follows: the Army to submit to Congress a report re- burdens, and for other purposes; to the Com- By Mr. WYDEN (for himself and Mr. garding the management of the Chemical mittee on Ways and Means, and in addition GILCHREST): Stockpile Emergency Preparedness Program to the Committees on Transportation and In- H.R. 971. A bill to ensure that homeowners and to require that additional emergency frastructure, Resources, the Judiciary, Com- receive adequate notice of and opportunity warning sirens be provided for communities merce, Science, Government Reform and to comment on activities likely to adversely near chemical stockpile sites; to the Com- Oversight, and International Relations, for a affect the value of their home; and to create mittee on National Security. period to be subsequently determined by the procedures for homeowners to receive finan- By Mr. GEPHARDT (for himself and Speaker, in each case for consideration of cial compensation for development which Mr. GIBBONS) (both by request): such provisions as fall within the jurisdic- produces pollution and other impacts ad- H.R. 980. A bill to amend the Internal Rev- tion of the committee concerned. versely affecting the value of their homes; to enue Code of 1986 to provide tax relief for the By Mr. MOORHEAD (for himself, Mr. the Committee on Government Reform and HYDE, and Mr. GOODLATTE): middle class; to the Committee on Ways and Oversight. H.R. 988. A bill to reform the Federal civil Means. By Mr. MONTGOMERY (for himself, justice system; to the Committee on the Ju- H.R. 981. A bill to amend the Internal Rev- Mr. EVANS, Mr. KENNEDY of Massa- diciary. enue Code of 1986 to modify the eligibility chusetts, Mr. EDWARDS, Mr. FILNER, By Mr. MOORHEAD (for himself, Mrs. Mr. TEJEDA, Mr. GUTIERREZ, Mr. criteria for the earned income tax credit, to SCHROEDER, Mr. COBLE, Mr. BISHOP, Mr. CLYBURN, Ms. BROWN of improve tax compliance by U.S. persons es- GOODLATTE, Mr. BONO, Mr. GEKAS, Florida, Mr. DOYLE, and Mr. MAS- tablishing or benefiting from foreign trusts, Mr. BERMAN, Mr. NADLER, Mr. CLEM- CARA): and for other purposes; to the Committee on ENT, and Mr. GALLEGLY): H.R. 972. A bill to amend the Internal Rev- Ways and Means. H.R. 989. A bill to amend title 17, United enue Code of 1986 to clarify the exclusion States Code, with respect to the duration of from gross income for veterans benefits; to copyright, and for other purposes; to the the Committee on Ways and Means. Committee on the Judiciary. H 1908 CONGRESSIONAL RECORD — HOUSE February 16, 1995

By Mr. WILLIAMS: Budget in the 104th Congress; to the Com- H.R. 553: Mr. TORRES. H.R. 990. A bill to require the National mittee on House Oversight. H.R. 559: Mr. ROMERO-BARCELO, Mr. EVANS, Park Service to encircle the Washington f and Mr. WATT of North Carolina. Monument with the flags of the individual H.R. 612: Mr. ANDREWS. States; to the Committee on Resources. ADDITIONAL SPONSORS H.R. 645: Mr. THOMPSON, Mr. TOWNS, and By Ms. WOOLSEY (for herself and Mr. Under clause 4 of rule XXII, sponsors Mr. WYNN. SHAYS): H.R. 674: Mrs. SCHROEDER, Mr. LAFALCE, were added to public bills and resolu- H.R. 991. A bill to provide for the termi- and Mr. FROST. nation of further production of the Trident II tions as follows: H.R. 677: Mr. BLUTE. (D–5) missile; to the Committee on National H.R. 56: Mr. WELLER, Mr. MANZULLO, Mr. H.R. 710: Mr. EHLERS. Security. FUNDERBURK, Mr. BUNN of Oregon, Mr. H.R. 734: Mr. SHAYS and Ms. PRYCE. By Mr. WYDEN: ZELIFF, Mr. WALKER, Mr. HOSTETTLER, Mr. H.R. 739: Mr. CRANE and Mr. COOLEY. H.R. 992. A bill to amend the Food Stamp MINGE, Mr. HOLDEN, Mr. SHUSTER, Mr. H.R. 783: Mr. ORTON, Mr. LEACH, Mr. Act of 1977 to require the Secretary to reau- CRAPO, Mr. KNOLLENBERG, Mr. MCDADE, Mr. PAXON, Mr. BAKER of Louisiana, Mr. LIGHT- thorize participating retail food stores and BRYANT of Tennessee, Mr. BASS, Mr. POMBO, FOOT, Mr. TEJEDA, and Mr. MCHUGH. wholesale food concerns biennially; to re- Mr. SOUDER, Mrs. WALDHOLTZ, Mr. OXLEY, H.R. 789: Mr. QUINN and Mr. COLLINS of quire such stores and such concerns to pro- Mr. MORAN, Mr. LATOURETTE, and Mr. Georgia. vide documentation to the Secretary for ap- BILBRAY. H.R. 791: Mr. SMITH of Texas, Mr. WELLER, proval and reauthorization; to provide for H.R. 159: Mr. FIELDS of Texas, Mr. Mr. ROYCE, Mr. HASTINGS of Washington, Mr. the forfeiture of proceeds and property re- KNOLLENBERG, Mr. FORBES, and Mr. BART- MANZULLO, Mr. PETRI, and Mr. BONO. sulting from certain violations of such act; LETT of Maryland. H.R. 809: Mr. EVANS and Mr. HANSEN. and for other purposes; to the Committee on H.R. 163: Mr. LEACH. H.R. 841: Mr. EMERSON, Mr. KNOLLENBERG, H.R. 217: Mr. WELLER. Agriculture. and Mr. PAXON. H.R. 221: Mr. WAXMAN and Mr. KENNEDY of By Mr. SCARBOROUGH: H.R. 866: Mr. GENE GREEN of Texas, Mr. Massachusetts. H. Con. Res. 30. Concurrent resolution for GEJDENSON, Mr. ACKERMAN, Ms. EDDIE BER- H.R. 227: Mr. ROGERS. the adjournment of the two Houses; consid- NICE JOHNSON of Texas, Mrs. MEYERS of Kan- H.R. 324: Mr. KLINK, Mr. TUCKER, Ms. RIV- ered and agreed to. sas, and Mr. RICHARDSON. ERS, Mr. THOMPSON, Ms. MCKINNEY, and Mr. By Mrs. MALONEY (for herself and Mr. H.R. 949: Mr. METCALF. FARR. BILIRAKIS): H.R. 958: Ms. HARMAN, Ms. FURSE, and Mr. H.R. 328: Mr. SOLOMON. H. Con. Res. 31. Concurrent resolution ex- RANGEL. H.R. 335: Ms. SLAUGHTER, Mr. EHLERS, Mr. H. Con. Res. 12: Mr. HALL of Texas. pressing the sense of the Congress that the FIELDS of Texas, and Mr. EVANS. United States should support the efforts of H. Con. Res. 23: Mr. PALLONE, Mrs. JOHNSON H.R. 357: Mr. MASCARA, Mr. SANFORD, Mr. of Connecticut, Mr. OBERSTAR, Mr. STUMP, Greece, in its negotiations with the Former MORAN, Mr. WISE, Mr. SANDERS, Mr. MOLLO- Yugoslav Republic of Macedonia, to find a Mr. HAYES, Mr. FILNER, Mr. BRYANT of HAN, Mr. ROGERS, Mr. DURBIN, Ms. LOFGREN, Texas, Mr. BROWN of Ohio, Mr. THOMPSON, solution which promotes a solid, cooperative Mr. DINGELL, Mr. FILNER, Ms. ESHOO, Mr. relationship between these two neighboring Mr. FARR, Mr. TEJEDA, Mr. ABERCROMBIE, BOUCHER, and Mr. MFUME. Mr. JEFFERSON, Mr. HEFNER, Mr. SHAYS, Mr. countries and that the United States should ILLEARY OUDER H.R. 370: Mr. H and Mr. S . REED, Mr. PARKER, Mrs. SCHROEDER, Mr. not establish formal diplomatic relations H.R. 373: Mr. QUILLEN. NEY, Mr. LATOURETTE, Mr. DEFAZIO, Mr. with the Former Yugoslav Republic of Mac- H.R. 438: Ms. RIVERS, Mr. BAKER of Louisi- MURTHA, Mr. HUTCHINSON, Mr. RANGEL, Mr. edonia until this relationship is established; ana, Mr. KNOLLENBERG, Mr. COX, Mrs. MEY- VENTO, Mr. BEREUTER, Mr. REGULA, Mr. WIL- to the Committee on International Rela- ERS of Kansas, and Mr. SENSENBRENNER. LIAMS, Mrs. MEEK of Florida, Mr. HOKE, Mr. tions. H.R. 491: Mr. RADANOVICH and Mr. QUINN. SKELTON, Mrs. WALDHOLTZ, Mr. YOUNG of By Mr. THOMAS: H.R. 517: Mr. HAYWORTH. Alaska, and Mr. DURBIN. H. Res. 87. Resolution providing amounts H.R. 526: Mr. HAMILTON, Mr. EMERSON, Mr. H. Res. 80: Mr. MYERS of Indiana. for the expenses of the Committee on House LEACH, Mr. LIGHTFOOT, Mr. ENGLISH of Penn- Oversight in the 104th Congress; to the Com- sylvania, Mr. MINGE, Mr. MONTGOMERY, Ms. f mittee on House Oversight. DANNER, Mr. DOOLEY, Mr. CHAPMAN, Mr. By Mr. ARMEY: EWING, and Mr. SISISKY. DELETIONS OF SPONSORS FROM H. Res. 89. Resolution electing Representa- H.R. 534: Mr. MURTHA, Mr. SHAYS, Mr. BRY- PUBLIC BILLS AND RESOLUTIONS tive Schaefer of Colorado to the Committee ANT of Texas, Mr. PETERSON of Minnesota, Under clause 4 of rule XXII, sponsors on Veterans’ Affairs; considered and agreed Ms. RIVERS, Ms. DANNER, Mr. HILLIARD, Mr. to. SKEEN, Mr. LEVIN, Mr. TALENT, Mr. HERGER, were deleted from public bills and reso- By Mr. KASICH: Mr. BILIRAKIS, Mr. PORTER, Mr. QUILLEN, Mr. lutions as follows: H. Res. 90. Resolution providing amounts BOEHLERT, and Mr. SOLOMON. H.R. 10: Ms. EDDIE BERNICE JOHNSON of for the expenses of the Committee on the H.R. 549: Mr. QUILLEN and Mr. BILIRAKIS. Texas and Mr. TEJEDA. 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, THURSDAY, FEBRUARY 16, 1995 No. 31 Senate (Legislative day of Monday, January 30, 1995)

The Senate met at 9:30 a.m., on the SCHEDULE (Mr. COVERDELL assumed the expiration of the recess, and was called Mr. LOTT. Mr. President, this morn- chair.) to order by the President pro tempore ing following the time for the two lead- f [Mr. THURMOND]. ers, the time until 10:30 will be equally The PRESIDENT pro tempore. To- divided between the two leaders or COMMITMENT TO HONEST day’s prayer will be offered by our their designees for debate on the mo- BALANCED BUDGET AMENDMENT guest chaplain, the Reverend Barbara tion to invoke cloture on the constitu- Mr. DASCHLE. Mr. President, the D. Henry, of the Episcopal Diocese of tional balanced budget amendment. first legislative action I took when I Washington. For the information of all our col- came to Congress in 1979 was to intro- leagues, at the hour of 10:30 this morn- duce a constitutional amendment to PRAYER ing, there will be a rollcall on invoking require a balanced budget. The guest chaplain, the Reverend cloture on the balanced budget amend- I believed 16 years ago, as I believe Barbara D. Henry, of the Episcopal Di- ment. today, that Government must learn to ocese of Washington, offered the fol- I now ask unanimous consent that at live within its means. I believed then, lowing prayer: the hour of 10 a.m., Senator DASCHLE as I believe now, that we must trim the Let us pray: be recognized for up to 15 minutes, to fat, cut the waste, and make the tough Almightly and everlasting God, Cre- be followed by Senator DOLE for up to choices necessary to control spending. ator of the universe with all its mar- 15 minutes. I supported a balanced budget amend- velous order and complexity; You have The PRESIDENT pro tempore. With- ment then and I remain committed to made us in Your image and given us out objection, it is so ordered. an honest, fair, and forthright amend- dominion over all the Earth. Give us Mr. LOTT. I further ask, Mr. Presi- ment now. reverence for all Your creation—for the dent, that Senators have until 10:30 However, I have concluded I cannot Earth which supports us, for all the this morning to file any second-degree support the one which is now being myriad forms of life which inhabit this amendments to House Joint Resolution pushed through the body, without planet, and especially for the wonderful 1, the constitutional balanced budget amendment or compromise. diversity of people and cultures in this amendment. The magnitude of the decision about world. The PRESIDENT pro tempore. With- how we propose to amend the Constitu- Give to all those who hold authority out objection, it is so ordered. tion should not be lost on anyone. A in this land, we pray, an awareness of Mr. LOTT. Mr. President, I would balanced budget amendment, if passed the many blessings You have bestowed like to observe once again, as the lead- and ratified, will have a dramatic ef- upon them. May our Senators be er pointed out last night, he did file fect on the very nature of government blessed, in all their deliberations, with cloture motions last night. Two of and its relationship to the American ever new insight into Your purposes for them were filed. Those would ripen or people in all perpetuity. We cannot the human race, and with wisdom and be available next Wednesday, the 22d, come back next year or next Congress determination in making provisions for and the leader indicated that we should and clean up our mistakes. the future of our Nation. Direct and expect votes on those two cloture mo- When we embark on such a path—to guide them in their words, which are tions, if necessary to have the second amend the Constitution—we must heard by so many, and in their deci- one, and other amendments during know that it is the best amendment we sions, which will affect so many. that day unless some other agreement can write, that it incorporates the best For You, O God, are the source of all is reached. I yield the floor. ideas and the most carefully written wisdom, all power, all grace, and we f words we have to offer. give You glory for ever and ever. It is critical now, as we contemplate RECOGNITION OF DEMOCRATIC Amen. amending the Constitution for only the LEADER f 28th time, that we refuse to succumb to The PRESIDENT pro tempore. Under the notion that what we do is, as the RECOGNITION OF THE ACTING the previous order, the Democratic old adage goes, ‘‘good enough for Gov- MAJORITY LEADER leader is recognized. ernment work.’’ The PRESIDENT pro tempore. Under Mr. DASCHLE. I thank the President This effort had a noble beginning. It the previous order, the acting majority pro tempore. I wish him a good morn- was the result of the tireless work of leader is recognized. ing. the Senator from Illinois, the Senator

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

S2771

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VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2772 CONGRESSIONAL RECORD — SENATE February 16, 1995 from Utah, the Senator from Idaho, ity is saying, ‘‘We want our balanced plans to cut Medicare, student loans, and many others to enforce fiscal dis- budget amendment or no amendment or veterans benefits. cipline, something we all recognize is at all.’’ They are telling the American Our deficit reduction target is at necessary. people to put their trust in good inten- least $1.2 trillion—$1.2 trillion—over The refusal to consider legitimate tions and to live with consequences the course of the next 7 years. It is not amendments, amendments that would that are yet unknown. going to get smaller, and with each make this constitutional amendment We should support a balanced budget year of delay, it is going to be exacer- even stronger, has reduced this effort amendment. But we should never vio- bated. It is a daunting goal, we all rec- to something far less than our best. late America’s contract with its senior ognize that, but we all recognize, too, When this debate began I expressed citizens merely because we are unwill- that it must be met. my concerns about the balanced budget ing to make the tough choices now. The question, frankly, is how. How amendment proposal before Members. I Balancing the budget by cutting Social are we going to do it? How are we going expressed a sincere hope that we could Security is no balanced budget at all. to do what the speech by the majority work together to address them and Making tough choices is also an im- leader yesterday suggested? Are we craft the best constitutional amend- portant part of what every family and going to keep Social Security on the ment this Senate could write on behalf every business must do. When a family table and talk about a debt that is only of all the American people. balances its budget, we separate invest- $685 billion? Are we going to include First, as many argued last year, So- ments in our future, our home, our sav- everything, put it on the table, recog- cial Security should be viewed as an in- ings for our children’s education, from nize that if we are going to increase de- delible contract between the Govern- the day-to-day expenditures on things fense spending, if we are going to cut ment and the American people, funded like food and clothing. We are willing taxes, if we are going to protect Social by a dedicated trust fund that should to borrow money to buy a home or pay Security and do all of this in the next be left out of budgetary calculations. for college but we cannot afford to take 7 years, that we are going to do it using As written, it is clear that the current on too much debt because the interest the tools that we have available to us? proposal uses the Social Security trust is part of our day-to-day expenses and Americans have a right to know. We fund to mask the true size of the def- cannot exceed our income. have a responsibility to tell them. icit, something that is patently incon- In short, we separate our capital I proposed the right-to-know amend- sistent with our goal to balance the budget from our operating budget. ment to the Constitution that would budget. Nearly every State, nearly every busi- both require a balanced budget and re- As a result it is estimated that $705 ness, small or large, does exactly the quire Democrats and Republicans to billion of Social Security trust fund same thing. Everybody separates these work together to draft a plan and make revenue will be used to mask the real two budgets except for the Federal it public. But the amendment was de- size of the national deficit between now Government. Just yesterday we pro- feated, and the result will be that this and the year 2002. In fact, that very posed an amendment that said, let’s be Congress will collectively say ‘‘no’’ to issue was confirmed again this morning honest with the American people about being honest with the American people, in the Wall Street Journal. the budget process. Separate invest- leaving us with only the hope—only A speech that the majority leader ment from daily operating expenses. the hope—that we can accomplish our gave yesterday to a group indicated Do at the Federal level what has al- goals. No blueprint, no mechanism in that he saw the size of the deficit over ways been done in the States. But that place, no real plan. Just a hope that the course of the next 7 years to be proposal, too, was rejected. somehow we can do something in 7 somewhere in the vicinity of $685 bil- I support a balanced budget amend- years that we have not been able to do lion, which would require some form of ment, but I also share the belief that in decades. health care reductions to reduce that we owe it to the American people to Everyone would agree that the idea deficit to below the $685 billion mark tell them how we will do what the of a balanced budget in the abstract he suggests. Mr. President, $685 billion, amendment requires. We must not sub- has universal support. But no budget is if that is the size of the deficit as my stitute political slogans for straight balanced in the abstract. Budgets are Republican colleagues would see it, talk. We must not cover up the reality balanced in the context of existing cir- clearly implies that the $705 billion for with rhetoric. We must not ask South cumstances. We have a new majority in Social Security is still on the table in Dakotans, or any Americans, to trust Congress that claims it will cut taxes, spite of all of the best efforts made by us or future Congresses if we are not increase defense spending and balance many Members on the other side to in- willing to give them good reason to do the budget, but refuses to explain how dicate the contrary. so. and refuses to guarantee that it will be Second, I believe that budgetary dis- We cannot build a house of credi- accomplished fairly. cipline, common sense, and our long- bility if we do not produce the blue- Last year, I supported a balanced term investment goals warrant the es- print first. Neither can we build that budget amendment. This year, in this tablishment of a budget that distin- house without knowing what tools to context, I cannot. guishes between investment and con- use. The American people have a right Last year, a Democratic Congress sumption. We ought to use this oppor- to know how we are going to achieve a was committed to protecting Social tunity once and for all to establish the balanced budget by the year 2002. Security and Medicare. This year, the same budgetary principles used by Two years ago when a Democratic new majority has been unwilling to do businesses and by most State govern- Congress cut $500 billion from the def- so in law. Last year, Congress honored ments. icit, we gave the Congress and the the people’s right to know. Last year, Finally, as we have argued at some country a blueprint of our list of budg- Congress was committed to an open, length during this debate, the Amer- et-cutting tools—page after page of honest debate about how to reduce ican people have an absolute right to painful cuts. Everyone recognizes what Government spending. know how we plan to fulfill the prom- an unpopular vote that was, how dif- Last year, Congress leveled with the ise of a balanced budget before they are ficult it was to make those choices, to American people. This year, the major- called upon to ratify it. Working with lay out with specificity, line by line, ity refuses to acknowledge Americans’ my Democratic colleagues, we have item by item, exactly what we were right to know. proposed three balanced budget con- going to do over the course of the next This country is in need of a serious, stitutional amendment approaches in a 5 years to reduce spending by $500 bil- principled debate about our future and good-faith attempt to address those lion. And because it was tough, because our increasing national indebtedness. concerns and make the underlying it was specific, it passed by a single It should be a debate about the amendment more sound. vote. generational debt that we owe our chil- Unfortunately, each of those amend- Today the American people have the dren and how best to discharge it. It ments has been rejected essentially same right to know. They have a right should be a debate about the ways past along party lines. The only way I can to know what is in the plan. They have Government commitments to Ameri- interpret those votes is that the major- a right to know whether the majority cans will always be kept. It should be a

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2773 debate about rational fiscal policy, Senate Judiciary Committee reported Requiring the Government to operate about consumption versus investment, it out after careful consideration on a within its budget does not mean * * * we savings over spending, and all of the bipartisan vote. would be forced to renege on our current ob- A number of amendments have been ligations to America’s seniors. For my part, elements that together make up a such a requirement would not lessen our sound basis for future economic offered, considered, debated, and voted commitment to * * * protecting Social Secu- growth. It should be a debate about on, and all of them have been defeated rity. what we hold to be most important by bipartisan votes. On one of the votes I agree. Last year, the minority lead- now and in the future. yesterday, there were actually nine er also said: That debate may never come. Yet, I Democrats who voted to table it, while By the year 2020, most of the baby boom deeply hope it will come, and when it eight Republicans voted against ta- generation will have retired, and those retir- does, I hope we will have an oppor- bling it. So we are having a very seri- ees will be supported by a smaller working tunity to write an amendment to the ous debate here with Members voting population. In order to ensure that we can Constitution that represents our best their conscience. meet our commitments to future retirees effort, one which will stand the test of We are now in the 18th day of debate without jeopardizing the standard of living time, a balanced budget amendment on this constitutional amendment for a of working men and women, we must seek to maximize economic growth during the early that honors our past commitments, balanced budget. Last year, we had an 21st century. Our current budget deficit is protects our future investment, and extended floor debate and a vote on eating away at that growth and undermining tells the American people the truth. It this exact amendment. I think the high our economic potential. must be a serious obligation, not mere- water mark, up until this year, for de- The point the minority leader made ly a statement made of good inten- bate on a constitutional amendment last year is that if we do not have a tions. for a balanced budget has been about 11 balanced budget amendment, if we do Finally, while I believe we need an days. So we certainly are giving it not get our fiscal house in order, the honest and fair balanced budget plenty of time for thoughtful consider- people who will suffer the most are our amendment, I know we need an honest ation. And because of delays in getting seniors. So I think the minority lead- and fair balanced budget even more. an agreement when we might bring er’s comments—and I have many oth- We can and we must get immediately this to a conclusion, we apparently will ers—just 1 year ago on the constitu- to the real work of deficit reduction. I still be on this amendment next week. tional amendment for a balanced budg- know I speak for my Democratic col- It will have been a full month that we et were excellent. I agree with them. I leagues when I say we are ready to have taken to consider this legislation. voted with him then, and I hope we are work with the majority right now to That is fine because, in the end, I be- going to vote together this time be- develop a budget resolution that cuts lieve we are going to pass it with a cause this is exactly the same amend- spending and balances the budget. It is good, strong bipartisan vote. ment we both voted for just last year. an effort which requires bipartisan co- Let me quote some very strong words I remind my colleagues, too, that operation as well as concentration. in support of the balanced budget just 1 year ago when I offered an So, Mr. President, whatever the fate amendment: amendment to try to block tax in- of this amendment, it is time for us to To remedy our fiscal situation, we must creases on Social Security retirees, work together to fulfill that promise stop spending beyond our means. This will some of the same people who are now and renew the hope of all American not require the emasculation of important pleading their concern for our seniors people that at long last—at long last— domestic priorities as some suggest. and their Social Security benefits, we can accomplish what we all want In this debate on a balanced budget amend- where were they when we were trying ment, we are being forced to face the con- and what our children deserve. sequences of our inaction. Quite simply, we to block on a bipartisan vote tax in- I yield the floor. are building a legacy of debt for our children creases on their retirement benefits? Mr. LOTT addressed the Chair. and grandchildren and hamstringing our Where were they last year? Why were The PRESIDING OFFICER. The ability to address pressing national prior- they not worried about Social Security Chair recognizes the Senator from Mis- ities. retirees, Medicare and Medicaid, then? sissippi. Those are the words of the distin- Where were they last year when the Mr. LOTT. Mr. President, I ask unan- guished Democratic leader just last President proposed billions of dollars imous consent that I be allowed to pro- year, February 28, 1994, in support of a in cuts in Medicare in his health care ceed for up to 10 minutes as in morning balanced budget amendment to the proposal? President Clinton proposed business. Constitution. to cut Medicare by $124 billion over 5 The PRESIDING OFFICER. Without With regard to the right to know, we years in his health care plan. And in objection, it is so ordered. need to work together on this. We can- 1993, the President cut $53 billion from f not say today everything that we are Medicare as a part of his tax bill. Were they not worried about the seniors BALANCED BUDGET AMENDMENT going to do in a budget resolution this year or next year or in 5 or 7 years. It then? Were they not worried about Mr. LOTT. Mr. President, I listened will depend on the Budget Committee, Medicare then? very carefully to the distinguished the vote and actions on the floor of the Look, the issue of right-to-know is Democratic leader’s remarks. I know Senate. It will take all of us working another red herring; it is simply an at- he is very serious about the issue of together, no matter where we are from, tempt to scare seniors about Social Se- debts and the deficit that we have each what party or what philosophy. curity. It boils down to a very simple year. I know he is serious about a con- With regard to the right to know, question: Are you for a constitutional stitutional amendment for a balanced this is what the distinguished Demo- amendment for a balanced budget or budget because he voted for it just 1 cratic leader said just last year: not? If you are, you vote yes. If you are year ago. And I believe and certainly Congress and the President will have 7 not, vote no. And the people will know hope that in the end, he will vote for years to address the current deficit and how you feel about this. Are you pre- the balanced budget amendment this reach a consensus on our Nation’s budget pared to explain how this year you are year. priorities. We will have time to find ways to against the balanced budget amend- I believe this has been a very serious, live within our means and still meet existing ment but last year you voted for it? principled debate. This legislation, obligations to our citizens, particularly the Why? Is it because there is a different which is identical to the balanced elderly. majority? I cannot believe that. budget amendment the Democratic I agree. We have an opportunity here to do leader voted for last year, has been But this year, we debated the right- what is right for our country—to have carefully drafted. I remind my col- to-know amendment, and it was re- the additional pressure on Congress to leagues that it passed the other body jected with 56 votes against it—again a control spending, not raise taxes. by a vote of 300 to 132—an over- bipartisan vote. Everybody keeps saying, Oh, we re- whelming bipartisan vote after serious With regard to protecting our sen- duced the deficit in 1993. The so-called consideration in the debate before the iors, minority leader DASCHLE last year 1993 deficit reduction bill was at- House of Representatives. Our own said: tempted to reduce the deficit through

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2774 CONGRESSIONAL RECORD — SENATE February 16, 1995 massive tax increases. We can move Mr. LOTT. Mr. President, I know our Mr. LOTT. Mr. President, may I in- this whole debate in a different direc- two leaders will be speaking at 10 a.m. quire whether this would be from the 15 tion. And I have been here through 22 for 15 minutes each. Unless there is a minutes the leader has? years of trying to deal with the def- problem with his other colleagues, I Mr. DASCHLE. That would be my ex- icit—through Gramm–Rudman, will be glad to yield the remaining 4 pectation, that I will yield 6 minutes I through the Gang of 17, and through minutes to the leader to conclude his have available on the cloture vote to the budget negotiations at Andrews Air remarks. the Senator from Alabama to speak on Force Base. Congress has tried time Mr. DASCHLE. I appreciate very an issue of his choosing. and time again to balance the budget, much the willingness of the whip to do The PRESIDING OFFICER. The but we never quite carry through with so. Chair recognizes the Senator from Ala- it. The PRESIDING OFFICER. The bama. We need this constitutional amend- Democratic leader may proceed, then. f ment for a balanced budget. The Amer- Mr. DASCHLE. Let me finish very THE DEADLY BATTLE ON IWO ican people support it overwhelmingly. briefly. This is our opportunity. And we must, Mr. President, I agree with exactly JIMA must find a way to come together to what the distinguished Senator from Mr. HEFLIN. Mr. President, I rise pass it. I know it is going to be a bipar- Mississippi said about what the issue today to remind Americans of one of tisan vote; one of our key proponents is, with the exception of one word. He the costliest battles of World War II, of the balanced budget amendment has said the issue is very simply do we sup- and the sacrifices made by the men of been the distinguished Senator from Il- port a balanced Federal budget, a con- the United States Marine Corps. This linois, Senator SIMON. stitutional amendment to balance the Sunday will be the 50th anniversary of The balanced budget amendment has budget. the Marine Corps landing on Iwo Jima, already passed the House. It is up to I think that is a legitimate question, a place where, as Admiral Nimitz said the Senate. If we vote now, it goes to and the answer should be yes. But it ‘‘Uncommon valor was a common vir- the States. The people will have a should not be are we willing to support tue.’’ chance to decide. The only thing stand- any constitutional amendment to bal- After 36 days of fighting and at a cost ing between the people’s opportunity ance the Federal budget, any constitu- of 6,821 Americans killed and 19,217 to vote on this and its passage is how tional amendment. The answer is no. wounded, the island was captured. The the Senate will vote. This is going to be with us for all per- cost to the Japanese defenders was I urge my colleagues, let us begin to petuity, all posterity, and if it is going over 22,000 lives. Only about 1,000 Japa- bring this to a conclusion. Let us quit to be with us that long and if it is that nese survived the battle. talking about red herrings. Let us face important and will have that far-reach- The Japanese had long prepared for up to the real issue and vote for a con- ing a consequence, we had better do it the February 19, 1945, invasion. After stitutional amendment for a balanced right because we will not get a second the battle was over, it was revealed budget. chance. that the enemy had constructed 642 Mr. DASCHLE addressed the Chair. blockhouses, pillboxes, and other gun The PRESIDING OFFICER. The With that, again, I thank the Senator positions. The marines landing on Iwo Chair recognizes the minority leader. for yielding, and I yield the floor. Jima were certainly stepping into the Mr. DASCHLE. My friend, the distin- Mr. LOTT. Mr. President, if I may re- guished Senator from Mississippi, spond. very jaws of the enemy—and I might made reference to some comments I The PRESIDING OFFICER. The say, the very jaws of hell. At 9 o’clock in the morning, the mas- made last year. Let me respond briefly Chair recognizes the Senator from Mis- because I know there are others wait- sissippi. sive assault wave of the 4th and 5th ing. Mr. LOTT. Again, I refer to the dis- Marine Divisions hit the beach at Iwo I made them in earnest last year, and tinguished Democratic leader’s com- Jima. A Japanese observer watching I stand by them this year. Nothing the ments last year because they were so the drama unfold from a cave on the Senator from Mississippi said with re- persuasive then, and I believe they are slopes of Mount Suribachi reported: gard to my comments last year are any now. I will just quote these two para- ‘‘At 9 in the morning, several hundred less true this year. What I said then ap- graphs and yield the time for others. landing crafts with amphibious tanks plies now, and that is my whole point. Some of my colleagues feel, as does Presi- in the lead rushed ashore like an enor- If we are going to have a balanced Fed- dent Clinton— mous tidal wave.’’ Within minutes, eral budget, good intentions are not This is Senator DASCHLE speaking. 6,000 marines were ashore, and initial enough. It is not enough to just say we that we can make these tough budget casualties were lighter than expected. are going to do it. We must be serious choices without amending the Constitution. Then the pounding started as the about it, and that is the question. I wish they were right, but history indicates Japanese commander unleashed hun- When I made those comments last they are not. dreds of heavy artillery pieces, giant By adding a balanced budget amendment year, we were serious, and we proved mortars, rockets, and antitank weap- to the Constitution, we as a nation are em- ons that had been carefully arranged we were serious with a $500 billion def- bracing the principle that government icit reduction plan that laid out with should not spend beyond its means. This is a around the landing beaches now specificity exactly what we were going principle worthy of inclusion in the docu- clogged with troops and materials. The to do. ment that sets forth the limits of govern- ensuing bombardment was as deadly Where is the plan this year? How are mental power and protects the rights of indi- and terrifying as the marines had ever we going to do it this year? On just a vidual citizens. experienced. Casualties mounted ap- hope, somehow the expectation that it Those are the words of Senator pallingly on what would become the is all going to magically come to- DASCHLE, the distinguished Democratic costliest single day in the U.S. Marine gether? leader. They were only 1 year ago. Corps history. By the day’s end, nearly That is what we are saying. That is They were right then, and they are 2,500 Marines were killed or wounded. why this right to know amendment is right now. We must pass this balanced Typical of the marine heroism and so important. budget amendment. sacrifice of that first day on Iwo Jima, The PRESIDING OFFICER. The The PRESIDING OFFICER. The and not unlike what I had witnessed Chair might intervene for a moment to Chair recognizes the Senator from Ala- while serving in the Marine Corps with say to the distinguished Democratic bama. the 9th Regiment in the Pacific, were leader, his time has expired under the Mr. HEFLIN. I ask the minority lead- the actions of legendary Marine Gun- previous order, and the time is now er if he will yield me about 6 minutes nery Sergeant John Basilone. ‘‘Manila under the control of the acting major- of time to speak on the Iwo Jima anni- John,’’ as he was fondly called by his ity leader. If he chooses to yield time versary. fellow marines, had been awarded the to the minority leader to complete his Mr. DASCHLE. Mr. President, I will Congressional Medal of Honor in rec- remarks, up until 10 o’clock, he may do be happy to yield to the Senator from ognition of his outstanding heroism at so. Alabama. Guadalcanal. On Iwo Jima, Basilone

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2775 single-handedly destroyed a Japanese THE CLOTURE VOTE We debated, as we again talked this blockhouse while braving the deadly Mr. DASCHLE. Mr. President, at morning, about the right to know, and assault of enemy heavy caliber fire. 10:30, in less than 25 minutes, there will spelling out to the American people For his exploits he was posthumously be a vote on the majority leader’s clo- how we are going to accomplish a bal- awarded the Navy cross. ture motion. I want to take a couple of anced Federal budget—what kind of The battle for Iwo Jima raged for 36 minutes to comment on that prior to blueprint we are going to use, what long days, and on many days the ad- the time we vote. kind of tools we will acquire and utilize vances of the American forces could be I regret we have to take a vote at to accomplish a balanced budget in just measured in yards. Though I was not this time. I believe, frankly, as I said 7 years. there because I was recovering from a the other day, it is unnecessary. I am We talked about Social Security and wound I received during the battle of concerned that it sends the wrong mes- the need to protect it, to take it off the Guam, my outfit, the 3rd Division, sage to the American people about how table to ensure that we are not going served as the floating reserve for this seriously we consider the process of to mask the size of the debt with the battle. amending the U.S. Constitution. size of the Social Security trust fund. Entering the fray on February 21, The implicit suggestion behind the We talked about enforcement. Sim- when the fighting was at its worst, the motion is that shutting off debate on ply saying we are going to balance the soldiers of the 3rd Marine Division this very serious and complicated issue budget with no legal mechanism in were tasked with clearing the central is necessary because Democratic Sen- place to ensure that we are going to en- plateau of the island. This area held ators are filibustering the balanced force what we say we are going to do budget amendment and obstructing the many prepared enemy defensive posi- makes anyone wonder just how serious debate, when the truth is just the oppo- tions, but very little cover for the ad- we are about doing it in the first place. site. There is no filibuster here. There vancing Marines. By the time the pla- We talked about the need to separate have been very few quorum calls over teau was taken, the regimental casual- operating capital from investments in the last several days. The Senate floor ties exceeded 50 percent. Some compa- the future—how we do that in business, has been busy, virtually every minute. how we do that in State governments, nies suffered casualty rates in excess of Senators have been on the floor. They 200 percent, including my old company, how we need to compare apples and ap- have been here offering amendments, ples when we compare the Federal Gov- A Company, of the 9th Regiment. debating the issues. They have been Considering the magnitude of these ernment to the State government and busy doing exactly what we are all how a capital budget would allow us to casualties, one may wonder what drove elected to do, to consider carefully these men to carry on. From my own do that. some of the most far-reaching issues We talked about circumstances relat- experience, I would say these men drew that they and the American people ing to natural disasters. The Senator their strength from the support of face. from California raised a very difficult their fellow marines, an esprit de corps Democratic Senators have not em- issue. How do we address serious prob- that is unique in military history, and ployed dilatory tactics. To the con- lems relating to the disasters that the knowledge that taking this island trary, we have offered legitimate and occur in every part of the country all was important to the war effort. Most very serious amendments that ought to too frequently once we have a balanced important, however, they fought be- be given serious consideration by all Federal budget? cause they knew they had to fight. Senators—several amendments that, in It is very disconcerting that vir- They had to take that hill, that they my view, as I said just a moment ago, tually every amendment was defeated had to take that island. The Com- would have made this particular bal- on a near party-line vote. Regardless of mander in Chief had said it, and these anced budget amendment much strong- the vote, there are many more very im- men knew it in their hearts, victory er. Unfortunately, the obstruction has portant, relevant amendments that de- was the only way home. come from the other side. Every Demo- serve our careful consideration. Not all On March 26, 1945, finally, the Japa- cratic amendment has been tabled— virtually along party lines. Anyone amendments that are pending will be nese were defeated and the island was offered. I know that mention was made ours. who has been on or watched this debate over the last several days knows very yesterday about how many amend- On Sunday, the 50th anniversary of ments are still pending. Some of those the landing on Iwo Jima, approxi- well that the substance of these amendments has been seemingly of lit- amendments were offered just to pro- mately 5,000 survivors of the battle will tect Democratic Senators in case there gather at the Iwo Jima Memorial here tle concern. They have been tabled, not because of their content, but simply is a cloture vote and it passes. We in Washington to remember and to pay know what happens when cloture votes reverence to those who gave their lives. because they were offered. This issue is far too serious to simply are filed. Amendments are also filed Mount Suribachi, and the flag raising step aside and avoid the stampede. simply to ensure that every Senator on that mount, stands as a symbol of Amending the Constitution is just has a right to protect himself or her- the courage of the U.S. Marine Corps. about the most serious step the Con- self. That is really what has gone on in Mount Suribachi was 556 feet high. It gress and States can take. It should the last couple of days. Senators want bristled with over 200 guns, and 21 not be taken lightly. And it should re- to know that they have the oppor- blockhouses. It had to be taken, be- flect the most thoughtful and inclusive tunity to be involved in this debate and cause it was delivering devastating fire debate that we have to offer. It should to commit to a process by which these on the beaches and to the marines that reflect the best ideas we have to offer. issues can be raised. That is what filing were below. The marines assigned were A vote to cut off this debate artifi- amendments is all about in situations willing to risk their lives for the sake cially is a vote to obstruct that as we have this morning. of their comrades and their country. thoughtful and inclusive process. It is We may be able to come to some So, through personal courage and es- premature, it is unnecessary, and, agreement. In fact, I would almost en- prit de corps, on February 23 the Japa- under these circumstances, I view it as sure, to our colleagues on the other nese defending Mount Suribachi were a disservice to the American people. side, that we will come to some agree- overcome and the Stars and Stripes It is also a direct threat to the rights ment with regard to a finite list of were raised. of all Democratic Senators, each of amendments and some way with which And as the flag was raised on that whom have a right to offer amend- to work through them as we have done mount, it gave additional strength to ments. As I said, there have been vir- in several of our bills already this year. the marines below to move forward, on tually no quorum calls; virtually every The point is no one is trying to delay to victory. We salute the survivors of amendment has been relevant. In re- a final vote. We know that the final Iwo Jima and wish them well as they cent days nearly every Democratic vote will come in the not too distant commemorate that very important Senator has agreed to a time limit on future. But it is absolutely critical, es- battle of World War II. the debate on his or her amendment. pecially on an issue of this importance, The PRESIDING OFFICER (Mr. And these have been important amend- that all Members have a right to be INHOFE). The Democratic leader. ments. heard.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2776 CONGRESSIONAL RECORD — SENATE February 16, 1995 So this cloture vote is not nec- people all across our country. And con- lion deficits for each of the next 5 essarily reflective of how one will ulti- tinuing down the path we are on will years—actually, each of the next 12 mately vote on the balanced budget only make matters worse for all of us years. By conceding defeat on deficit amendment. This vote is about wheth- and our children. reduction, President Clinton is con- er Democratic Senators have a right to Last week there was an article in the demning every child in America to an raise legitimate issues that they be- Washington Post by James Glassman, additional $25,000 in taxes racked up lieve would improve the amendment a person I have a great deal of regard just over the next 5 years. There is no before us. for, who I believe did an excellent job refuting that unless we do something So I certainly urge my colleagues to of stating in an understandable way about it. We are, too, as a Congress, reject the motion to invoke cloture at how and why the deficit hurts the aver- unless we do something about it and this time. age working American. He called this change. I yield the floor. discussion ‘‘The Plain English Guide to But the bad news about the debt does Mr. HATCH addressed the Chair. the Federal Budget,’’ and it began with not end there either. The Competitive- The PRESIDING OFFICER. The Sen- the sage assertion that ‘‘Big deficits ness Policy Council has shown that ris- ator from Utah. can make you poor. They tend to re- ing budget deficits have led to a 15 per- Mr. HATCH. Mr. President, I have a tard the growth of the private sector, cent decline in real wages in the last 15 great deal of affection for the minority raise interest rates, and weaken our years, and the National Taxpayers leader, both as a person and as a lead- economy.’’ Union has further calculated that in er. I think he is doing a very good job We are talking about $15 billion just the next 45 years, unless we get spend- for his side of the floor. I understand in the 18 days that we have debated ing under control, after-tax incomes that this is an important vote and that here. We are fiddling while the country will rise over that 45 years, cumula- it is more of a procedural vote this is burning. That is really what is hap- tively rise, $125—average incomes—un- morning. We all know how it is going pening. less we get the debt under control or to turn out. But I will just say this. As He says, ‘‘They tend to retard the our spending under control. Can you someone who has conducted a few fili- growth of the private sector, raise in- imagine? In 45 years the most you are busters in my 18 years, some of which terest rates, and weaken our econ- going to get out of the whole 45 years have been successful and some of which omy.’’ is an additional $125. That is not a This is exactly why we need the bal- have not, I know a filibuster when I see year; that is over 45 years. anced budget constitutional amend- one. I am sure the distinguished minor- These deficits are strangling middle- ment—because Congress’ fiscal mad- ity leader does not feel that his side is class Americans throughout our coun- ness is destroying the ability of the filibustering or the opposition to the try. How can people expect to bear the working American to make enough amendment is filibustering. But last burden of stagnating wages and higher evening, for instance, we wanted to go money to survive. Every year hard-working Americans tax rates? to one more amendment before the We simply cannot continue blindly pay the price for our profligacy. The evening was up. We could not find one down this road to economic oblivion. Tax Foundation has calculated that in person to offer an amendment that we Look at those 18 days on the chart; 18 1994 the average American worked from could vote on that evening. January 1 to May 5 just to pay his or days, just going up like that. That is Be that as it may, I am not going to her taxes—January 4 to May 5. They the debt that is accumulating while we criticize what the distinguished minor- did not get to keep 1 cent of the money fiddle here in Washington. ity leader has said, and we will have We must get the Government spend- they earned until May 6. Is not that in- more days of debate. That is only fair. ing under control, and the only way to credible? Put another way, in an 8-hour This is a very, very important amend- do that is to change the way Congress work day, the average American works does business with a permanent un- ment. And it involves the future of our the first 2 hours and 45 minutes just to country. It involves the future of our pay taxes. So for 8 hours we are work- avoidable rule, and the only rule we children and our grandchildren. It is ing almost 3 to pay taxes. This is bad can get is the balanced budget amend- going to make a difference, if we pass enough. But it is not the end of the ment. It will force Congress to consider it, whether our children and grand- story. the costs as well as the benefits of children have a future. If we do not The increasing Federal debt will every program in the Federal Govern- pass it, I just say, ‘‘Katie, bar the force us to raise taxes to astronomical ment. We will lower the unbelievable door.’’ rates just to keep the country solvent. amount of Government spending and Just to make that point a little bit The National Taxpayers Union has es- bring the deficit under control. better, we are now in our 18th day on timated that a child born today, on av- All other attempts to balance the this amendment. There are very few erage, will pay over $100,000 in extra budget have failed, and they have things in the history of the Senate that taxes over the course of his or her life- failed miserably. Over the full 19 years take 18 days. We are now in our 18th time just to pay the interest on the na- I have been here, we have had attempt day on our balanced budget amend- tional debt which accumulated in the after attempt, and they have all failed ment debt tracker, the increase as we first 18 years of that child’s life. Just because they have been statutes and debate. There is a $4.8 trillion national think, Mr. President. By the time the the minute somebody passes a 51-per- debt that we start with, and we are child becomes old enough to vote—I am cent majority vote, they are changed. now in our 18th day. I will put up the talking about our children and our Every year the debt grows, relentlessly information indicating the additional grandchildren—there will be a $100,000 sapping the life of the American econ- debt that is going to accumulate by the tax bill looming on his or her horizon. omy as it does. Under the President’s end of this day for the taxpayers to pay And that is only to pay the interest on latest plan, the debt is going to grow— and pay interest on it. It is almost $15 the debt accumulated in that child’s under his best assertions, and these are billion, just the amount of debt that first 18 years. That is pathetic. That is assuming optimistic assertions—an- has accumulated since we started 18 the legacy we are leaving to our chil- other $1 trillion. By the end of the next days ago. dren and grandchildren. 5 years we will be over $6 trillion in Mr. President, what about the vote The National Taxpayers Union has debt, and we are complaining about $4.8 to bring this debate to a close? I think determined that for every year we en- trillion now. Because it is going up al- we need to stop talking and start work- dure another $200 billion deficit—and most $1 billion a day, we will be $6 tril- ing on getting our fiscal house in order the President’s budget says we are lion in debt. His budget is not an at- by passing the balanced budget amend- going to endure them ad infinitum, $200 tempt to reduce the deficit. It is a rec- ment and working together to balance billion budget deficits for 12 years—for ognition that unless we change the the budget. The American people want every year that we endure that, it costs budget process to eliminate Congress and need us to do this. the average child over $5,000 over his or spending bias, it is going to be impos- Mr. President, our large national her lifetime—every year we do that. sible to reduce the deficit. debt and the yearly deficits that help it Mr. President, the budget submitted Mr. President, we have the oppor- grow hurt real people, average working by President Clinton projects $200 bil- tunity to make a historic change here.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2777 We can pass the balanced budget defeated on a motion to table, 57 to 41, The bill clerk read as follows: amendment and preserve the future for a lot of Democrats with us. The next A joint resolution (H.J. Res. 1) proposing a our children, our grandchildren, and was 70 to 28, a lot of Democrats. Then balanced budget amendment to the Constitu- this country. We can stop this runaway 66 to 32, 52 to 45, Senator HOLLINGS, tion of the United States. Federal train of spending and taxing that was a close vote. Still a number of The Senate resumed consideration of that is out of control right now. I urge Democrats helped to defeat that. Then the joint resolution. my colleagues to support the balanced 59 to 40, 59 to 40, and 52 to 47 last night; Ms. MIKULSKI. Mr. President, I rise budget amendment today so that we eight or nine Democrats voted with us today to oppose invoking cloture on and our children will have a prosperous on that. Then 51 to 38, 61 to 33, the last the balance budget amendment. Mr. tomorrow. vote, and a lot of Democrats voted on President, the Senate should not rush This morning will end our third full that. This is a bipartisan effort. There to finish this measure—we are amend- week of debate on this amendment. We is no reason for a filibuster or delay ing the Constitution of the United started debate on the subject matter here. There is no reason not to get States and there is still much we do even before the bill was brought to the about business. There is no reason not not know. We still do not know the im- floor during the unfunded mandates de- to come up with amendments when the pact of the balanced budget amend- bate. We have had 11 votes on amend- time comes. ment on Social Security, Medicare, and ments and spent 14 days on floor debate I am willing to proceed and happy to many other vital programs. I am vot- on this constitutional amendment so proceed in any way our colleagues ing to continue with robust and vig- far, more than we have ever spent de- want to do this. But do not try to orous debate so the American people bating a balanced budget amendment present this as partisan, a Democrat- fully understand the ramifications of before. Back in 1982, which was the Republican difference here. This is a what we are doing and how it will af- next toughest debate, we debated 11 bipartisan effort. We have made it fect their lives. days before passing the balanced budg- that. I am proud of my Democratic col- Mr. HATCH. Mr. President, I suggest et amendment by 69 votes. I hope that leagues that are standing up on this the absence of a quorum. amendment. All we need are 15 to stand our longer debate this year will mean The PRESIDING OFFICER. The up and we will pass this, 15 out of 47. our margin of victory will be propor- clerk will call the roll. That is all we need. Gee, there ought to tionately higher. The bill clerk proceeded to call the As we have said, every day while we be 15 Democrats in the Senate out of 47 roll. talk, the debt we leave our children who will help us. I know of 13. I think Mr. HATCH. Mr. President, I ask and grandchildren continues going up I know of 14. Who is going to be that unanimous consent that the order for to a shocking point. This must end and 15th vote, or the one that defeats this, the quorum call be rescinded. if that is what happens? I do not be- must end soon. Mr. President, let us The PRESIDING OFFICER. Without lieve it will. tell the American people in this clo- objection, it is so ordered. I do not believe that our colleagues, f ture vote when we will stop talking when we put forth this kind of a bipar- and start acting to bring this country tisan, heartfelt, eager effort, are going CLOTURE MOTION to fiscal sanity. Let us pass the bal- to shoot this down for the one time in The PRESIDING OFFICER. Under anced budget amendment to the States history, after the House of Representa- the previous order, the hour of 10:30 for ratification and get on with bal- tives had the guts to pass it, with the a.m. having arrived, pursuant to rule ancing the budget. help of I believe 78 courageous Demo- We have had 11 votes, and every one XXII, the Chair lays before the Senate crats in the House. We need 15 coura- the pending cloture motion, which the we have won on a bipartisan vote. geous Democrats here and I think we Democrats and Republicans have voted clerk will state. will get them. I believe we will get The bill clerk read as follows: with us, every one. There is nothing them, because this is the time in his- CLOTURE MOTION partisan about this. Anybody who tries tory when we can make a statement We the undersigned Senators in accordance to say this is a partisan debate just has against what has been going on, this not watched it and has not looked at with the provisions of rule XXII of the runaway train of Federal spending, this Standing Rules of the Senate do hereby the voters and has not realized that abdication of responsibility, this rejec- this balanced budget amendment is a move to bring to a close debate on House tion of our children’s and grand- Joint Resolution 1, the constitutional bal- bipartisan consensus, a Democrat-Re- childrens’ future. Let us do something anced budget amendment: publican effort, to save our country, about it and quit talking partisan poli- Bob Dole, Orrin G. Hatch, Larry Craig, and to help our children and grand- tics, and let us work together to get it Trent Lott, Bill Frist, R.F. Bennett, children have the futures that we all done. Kay Bailey Hutchison, Alfonse had when we were born. To the extent that this delay and a D’Amato, Jon Kyl, Fred Thompson, I was born in poverty. We did not final vote will continue after today, let Ted Stevens, Olympia J. Snowe, John have indoor facilities. We lost our first Ashcroft, Craig Thomas, Conrad Burns, us do the best we can to bring up as Mike DeWine, Judd Gregg, Rick home shortly after I was born. We did many amendments as we can and de- not have indoor facilities in the second Santorum, Rod Grams, Lauch Fair- bate them, and we are happy to do cloth. home for years. I thought all homes that. I think the debate has been f were kind of brown and dark because healthy. I commend Senators on both my dad built our home out of a torn- sides of the aisle for the excellent de- CALL OF THE ROLL down old burnt-out building. Frankly, I bate they have given to us, and I hope The PRESIDING OFFICER. By unan- thought everyone had a Pillsbury flour our colleagues will vote for cloture imous consent, the quorum call has sign on the side of their home. I today so that we can end the delay and been waived. thought that was a pretty unique have the responsible amendments that f thing, and it really was. are left brought up. And let us vote on To make a long story short, I had a them and then let us pass the balanced VOTE future even though I was born in the budget amendment for the benefit of The PRESIDING OFFICER. The Depression, because Congresses had not everybody—Democrats, Republicans, question is, Is it the sense of the Sen- run the country totally into the ground all loyal Americans—but most of all, ate that debate on House Joint Resolu- from a national debt standpoint. But for our children and grandchildren. tion 1, the balanced budget amendment we have done it now, and we have to f to the Constitution, shall be brought to change our way of doing things around a close? The yeas and nays are re- here. BALANCED BUDGET AMENDMENT quired. I emphasize again that the first vote TO THE CONSTITUTION The clerk will call the roll. was 56 to 44. There were a number of The PRESIDING OFFICER. The Sen- The bill clerk called the roll. Democrats voting with us. The Dole ate will resume consideration of House Mr. LOTT. I announce that the Sen- amendment passed 87 to 10, a lot of Joint Resolution 1, which the clerk ator from Kansas [Mrs. KASSEBAUM] is Democrats. The Reid amendment was will report. necessarily absent.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2778 CONGRESSIONAL RECORD — SENATE February 16, 1995 The PRESIDING OFFICER. Are there tle less talking up there at the desk be- stitution, by virtue of section 3, would, any other Senators in the Chamber cause the cameras are often focused if adopted, hamper the President. It who desire to vote? right on that desk. State legislators, would fetter the President. It would The yeas and nays resulted—yeas 57, professors, students, and the people at hamstring the President in the proper nays 42, as follows: large expect this Senate to be the pre- exercise of his powers by requiring him [Rollcall Vote No. 74 Leg.] mier deliberative body in the world. It to submit a balanced budget even YEAS—57 is not a State legislature. And I do not though he may consider a deficit to be say that to cast any aspersions on necessary as a countercyclical measure Abraham Gorton McConnell Ashcroft Gramm Murkowski State legislatures. I have been a mem- to combat a recession that may be al- Bennett Grams Nickles ber of both houses many years ago in ready underway. Countercyclical stabi- Bond Grassley Packwood West Virginia. lizers are rendered even more difficult Brown Gregg Pell Generally speaking, the presiding of- Burns Hatch Pressler in a period of economic decline by the Campbell Hatfield Roth ficers have been alert and have been requirement of a supermajority vote to Chafee Heflin Santorum paying attention to the debate, as they waive the section 1 mandate for a bal- Coats Helms Shelby should. anced budget in every fiscal year. Such Cochran Hutchison Simon Madam President, the original Con- Cohen Inhofe Simpson requirement for a supermajority can Coverdell Jeffords Smith stitution and the amendments here- prove to be a very troubling recipe for Craig Kempthorne Snowe tofore adopted serve two basic func- gridlock. D’Amato Kohl Specter tions: One, they create a structure of The amendment now being debated DeWine Kyl Stevens Dole Lott Thomas government and establish three depart- by the Senate provides that outlays in Domenici Lugar Thompson ments thereof: the Legislative, the Ex- any given year shall not exceed re- Faircloth Mack Thurmond ecutive, and the Judicial, and they al- ceipts; that Congress may appropriate Frist McCain Warner locate the powers of government money in excess of anticipated reve- NAYS—42 among the three branches of the Fed- nues only by a three-fifths vote of the Akaka Exon Leahy eral Government and between the two full membership of both Houses, and Baucus Feingold Levin Houses of Congress. not by lesser majorities; that Congress Biden Feinstein Lieberman The Constitution also prohibits the may enact revenue increases only by Bingaman Ford Mikulski States from taking certain actions, and Boxer Glenn Moseley-Braun majority votes of the full membership Bradley Graham Moynihan all powers that are not delegated to the of both Houses on rollcall votes, and Breaux Harkin Murray Congress by the Constitution shall be not by lesser majorities. Bryan Hollings Nunn reserved to the States or the people. Let me state that again. Bumpers Inouye Pryor So this is a Constitutional system, Byrd Johnston Reid The constitutional amendment that Conrad Kennedy Robb with checks and balances and a separa- is before the Senate requires that Con- Daschle Kerrey Rockefeller tion of powers, thus establishing an gress may enact revenue increases only Dodd Kerry Sarbanes equilibrium between and among the by majority votes of the full member- Dorgan Lautenberg Wellstone three departments—the Legislative, ship of both Houses—of both Houses— NOT VOTING—1 the Executive, and the Judicial. on rollcall votes. Kassebaum Two, the original Constitution and In other words, in the Senate that The PRESIDING OFFICER. On this the amendments thereto, protect the would mean by no less than 51 votes vote, the yeas are 57, the nays are 42. most fundamental individual rights, and in the House that would mean no Three-fifths of the Senators duly cho- such as life, liberty, and property; free less than 218 votes. sen and sworn, not having voted in the speech; freedom of assembly; freedom The amendment also provides that Congress may raise the ceiling on the affirmative, the motion is rejected. of religion; freedom of the press; and national debt, but only by a three- Under the previous order, the Sen- equal justice under law. So the Framers wisely left the deter- fifths vote of the full membership of ator from West Virginia is recognized mination of fiscal policy to the elected both Houses, and not by lesser majori- to offer an amendment. representatives of the people. Deciding ties. Mr. BYRD. I thank the Chair. Mr. when or whether to balance the budget, Justice Oliver Wendell Holmes was President, it is my understanding that and whether and when to risk a deficit, right when he warned that the Con- the Senator from Nevada [Mr. BRYAN] calls for a judgment of policy, the kind stitution ought not ‘‘embody a par- wishes to speak for not to exceed 7 of political judgment left by the ticular economic theory.’’ In keeping minutes. I ask unanimous consent that Founding Fathers to the majoritarian with that wisdom, the Framers remit- I may yield to the distinguished Sen- processes of representative democracy. ted Federal fiscal policy, not to special ator for that purpose, not to exceed 7 The Constitution and the amendments supermajorities, but rather to the cru- minutes, and that I retain my right to thereto do not undertake to resolve cible of ordinary majoritarian demo- the floor. questions of fiscal policy. And for 206 cratic politics. Article I, Section 8, The PRESIDING OFFICER. Without years, that Constitution has not been Clause 1, gives Congress the power to objection, it is so ordered. The Senator amended to include fiscal policy. tax and spend for the common defense from Nevada is recognized for 7 min- Under the constitutional amendment and general welfare, and to borrow utes. that the Senate has been debating, money on the credit of the United Mr. BRYAN. I thank the Chair. such a judgment of fiscal policy, and States—all obviously by simple majori- (The remarks of Mr. BRYAN per- when or whether to apply counter- ties. taining to the introduction of S. 429 are cyclical measures would, to a consider- So basic is the majoritarian premise located in today’s RECORD under State- able degree, be inhibited. Section 3 of of Article I of the United States Con- ments on Introduced Bills and Joint the amendment, for example, would stitution that it is barely mentioned, Resolutions.) fetter and hamstring the President in except for the statement in Article I, The PRESIDING OFFICER (Mrs. the proper exercise of his powers. Section 5, Clause 1, that ‘‘a majority of HUTCHISON). The Senator from West Let me read section 3 of the proposed each House shall constitute a quorum Virginia. amendment to the Constitution. to do business.’’ The contemporaneous Mr. BYRD. Madam President, I I quote. This is section 3, from the history supports the majoritarian thank the Chair. constitutional amendment to balance premise, for the Framers entertained, May I take just a moment here to the budget. but rejected, the idea requiring that or- compliment the Republican Senators Section 3. Prior to each fiscal year, the dinary legislation on any particular who have been sitting in the chair from President shall transmit to the Congress a subject matter be passed by a super- the very beginning of this session. In proposed budget for the United States Gov- majority. For example, Alexander the main, I think they have done very ernment for that fiscal year in which total Hamilton, in the Federalist No. 22, well. They have presided over the Sen- outlays do not exceed total receipts. warned: ate with dignity, except in a few cases I think it is important that we recog- To give a minority a negative upon the when there probably ought to be a lit- nize that this amendment to the Con- majority—

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2779 Which is always the case where more take advantage of it to screen themselves alone, and are not comparable to an than a majority is requisite to a deci- from equitable sacrifices to the general weal, amendment to the Constitution, which sion— or in particular emergencies, to extort un- requires the support of both Houses of reasonable indulgences. is, in its tendency, to subject the sense of the Congress by a two-thirds vote and greater number to that of the lesser number. Where are the proponents of this three-fourths of the State legislatures . . . The public business must in some way or amendment? Why do they not interro- for adoption. other go forward. gate James Madison? Why do they not Although the Constitution does im- This is Hamilton speaking. hearken to his words and Hamilton’s pose some supermajority requirements, If a pertinacious minority can control the words? No. They do not want to hear. it does so quite sparingly, and only for opinion of a majority respecting the best As was said in Homer’s Iliad, ‘‘Not if I good reasons, namely, to provide one mode of conducting it— had 10 tongues and 10 mouths, a voice branch a check upon another branch Meaning the public business. that could not tire, lung of brass in my —for example, treaty ratification and the majority, in order that something may bosom,’’ would they hear me. They veto overrides. In the case of a treaty be done, must conform to the views of the have eyes that cannot see and ears that approval, the legislative branch—one minority; and thus— cannot hear, and minds that are un- component thereof; namely, the Sen- Says Hamilton. willing to comprehend the warnings of ate—acts as a check upon the execu- the sense of the smaller number will overrule the Framers of the Constitution. tive, in the ratification of treaties that that of the greater, and give a tone to the Should one conclude that they pretend bind this Nation in its relations with national proceedings. Hence, tedious to be wiser men than those who wrote other nations. It is a check and bal- delays—continual negotiation and intrigue— the Constitution? ance. A supermajority is also required contemptible compromises of the public Mr. President, the balanced budget good. . . . For upon some occasions, things for a veto override, and again provides will not admit of accommodation; and then amendment would reject the wisdom a check and balance between the exec- the measures of government must be injuri- both of Hamilton and Madison by utive and the legislative branch. One of ously suspended or fatally defeated. It is adopting supermajority requirements the Framers stated that the one reason often, by the impracticability of obtaining that would transfer power from majori- for the veto itself was that the Presi- the concurrence of the necessary number of ties to minority factions. And George dent, the Executive, could provide pro- votes— Washington in his Farewell Address tection for himself and his office, This is Hamilton speaking. Let me warned against parties and factions. against the legislative branch. So he begin again that sentence. Sections 1 and 2 of the constitutional was given the veto. That is check and It is often, by the impracticability of obtain- amendment to balance the budget balance. Other supermajorities in the ing the concurrence of the necessary number would require that deficit spending and original Constitution were to protect of votes, kept in a state of inaction. Its situ- increases in the statutory debt limit be individual rights. For example, in the ation must always savour a weakness—some- approved by three-fifths of the whole times border upon anarchy. case of the expulsion of a Member of number of each House. Section 4 would That was Alexander Hamilton. Where the Senate or of the House, a Member impose a minisupermajority require- cannot be expelled by a simple major- are all these Senators who are pro- ment, in that revenue increases must ponents of this amendment? It would ity. It requires two-thirds of the Sen- be authorized by a majority of the ate to expel a Senator, two-thirds of not hurt them to hear the Constitution whole number of each House. Meaning read today, from the beginning to the the House to expel a House Member. in the Senate, 51 votes would be re- These supermajorities are provided for end. I do not intend to inflict that kind quired to increase revenues, and in the of punishment on them, but they cer- the protection of individual rights, the House 218 votes would be required, 217 individual rights of the Members of the tainly would do well to read and to would not be enough, 218 votes would hear read those portions of the Con- two bodies, else a simple majority be required to pass legislation in the could expel Members of the minority, stitution which impact upon this con- House to increase revenues—rather stitutional amendment on the balanced get rid of them, send them home, expel than, as is usual, by a majority of them by a simple majority. A super- budget. Members present and voting. Were the Madison added his warning against majority is there for the protection of Framers wise? To ask the question is supermajorities, in the Federalist No. the individual rights of the elected rep- to answer it. This minisupermajority 58: resentatives of the people. that is required for revenue increases The same is the case with impeach- It has been said that more than a majority flies in the face of Madison’s warning ought to have been required for a quorum, ment. Were there not a supermajority and in particular cases, if not in all, more against a requirement of ‘‘more than a required, then an impulsive and par- than a majority of a quorum for a decision. majority of a quorum for a decision.’’ tisan majority in the Senate could con- . . . [But] . . . In all cases where justice or Defenders of the balanced budget vict a President in an impeachment the general good might require new laws to amendment often say, what is so bad trial. That almost happened with An- be passed, or active measures to be pursued, about supermajority requirements? drew Johnson, as we all know. So that the fundamental principle of free govern- After all, the Senate in its own rules supermajority is required to protect in- ment would be reversed. It would be no requires a supermajority for cloture on dividual rights, the rights of a Presi- longer the majority that would rule; filibusters. So why is it so bad to have dent, the rights of other officers who This is Madison speaking. in the Constitution a requirement of a may be impeached, the rights of Fed- the power would be transferred to the minor- supermajority? The proponents also eral judges who may be impeached. The ity. Were the defensive privilege limited to refer to the supermajorities that are supermajority required in article V is particular cases, an interested minority mentioned in the Constitution and the might take advantage of it to screen them- to insure that the fundamental charter selves from equitable sacrifices to the gen- amendments thereto. But these exist- of this Republic not itself be too freely eral weal, or in particular emergencies, to ing supermajority requirements fur- amended. extort unreasonable indulgences. nish no precedent for those in the bal- Amending the Constitution is pro- That is Madison. anced budget amendment, for they are vided for, but the Framers wisely es- That is James Madison. He referred fundamentally different in kind. tablished that amendments not be to particular emergencies and the Rules on parliamentary procedures adopted and ratified too freely. Thus, supermajorities that are included in that the Senate adopts for its own gov- we have only seen 17 amendments this nefarious constitutional amend- ernance are surely no model for an al- added to the original Constitution and ment to balance the budget to deal teration of the Nation’s fundamental Bill of Rights. They were wise men. with ‘‘particular emergencies.’’ I am charter. Anybody who argues that Then there are certain other super- using Madison’s words—‘‘particular point simply does not, and has not majorities. Amendment XII of the Con- emergencies.’’. stopped to think, knows very little stitution deals with the election of a Let me read again what Madison about the Senate rules, and very little, Vice President by the Senate. In the said. in all likelihood, about the Constitu- 14th amendment, a supermajority is re- Were the defensive privilege limited to par- tion. Such rules of the Senate can be quired to waive the disability upon in- ticular cases, an interested minority might changed by the Senate acting itself dividuals who, having previously taken

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2780 CONGRESSIONAL RECORD — SENATE February 16, 1995 the oath of office to support the Con- ized spending in excess of receipts, and That is what this amendment is. It is stitution, later engage in rebellion there would be years in which expendi- a partisan amendment. It is a political against the United States. It requires a tures outran receipts because actual amendment supported by a political supermajority in both Houses to lift receipts fell short of honest and careful party. It is the Republican Party as of that disability from such individual. I estimates, or because actual expendi- today in the Senate and the House that am not against amending the Constitu- tures exceeded the best and most care- is pressing for this amendment. And tion. Our forefathers provide for that ful estimates. As these deficit years they want to do it now, do it here—‘‘Do situation, and I have voted for five con- occur down the road, what would be it now; do it here; we can’t wait’’—be- stitutional amendments to the Con- the reaction of the citizens who sup- cause they have it in their so-called stitution. ported this amendment and who were Contract With America. That so-called Hence, there are nine supermajorities told that the amendment would contract is supposed to supplant the of one kind or another in the original produce a balanced budget each year? Constitution when it comes to this Constitution and the amendments The result surely would be disillusion- amendment. thereto. I think it is very unwise, how- ment, cynicism, distrust of those who Should the measure be enforced by ever, to provide a constitutional govern, and loss of confidence in our the judiciary, it would produce an un- amendment that requires a super- basic, fundamental, organic law: the precedented restructuring of the bal- majority in the enactment of a fiscal Constitution of the United States. ance of power among the three policy. The operation of the budget, appro- branches of Government. There are no There is one other supermajority, priations, and revenue processes are so two ways about it. It would produce an and that is the supermajority written highly complex that disputes are bound unprecedented restructuring of the bal- into the original Constitution that to arise. Forecasts with regard to both ance of power among the three dealt with the matter of a quorum in receipts and outlays vary so widely branches of Government. the election of a President when such that violations of the requirement that To crucify the Constitution upon the election is thrown into the House of outlays shall not exceed receipts in a cross of the so-called Contract With Representatives. given year are bound—bound—to occur. America is of little consequence, pro- So there you have it. These are all I have shown that. I have shown vided you will give us the Barabbas of structural concerns or, as I say, they charts that demonstrate that fact time temporary partisan and political gain! provide basic protections for individual and time again. That Constitution bears the stains of rights. They are structural concerns Old disputes about the separation of blood from thousands of men and that deal with the structure of this powers, reminiscent of the impound- women throughout the history of this form of government as established by ment controversy of the Nixon admin- Nation—men and women who gave the original Framers—and the States istration, would be reopened. their lives at Valley Forge, at Sara- How many Senators here today were and people thereof, who ratified the toga, at Yorktown, at Lexington, and Members of this body when that con- Constitution—or they deal with rights Concord. troversy occurred? Very few. of individuals. Nathan Hale. Who is he? Never heard The powers of the executive vis-a-vis The supermajority requirements of the legislative branch will, in all likeli- of him. Who was Nathan Hale? this balanced budget amendment em- Well, Nathan Hale was a young man, hood, be substantially enlarged. body no such structural concerns and Who are the proponents of this bal- 21 years of age, who was a school- no protections of individual rights. anced budget amendment? Are they teacher. Rather, the supermajority require- monarchists? Are they monarchists He responded to General George ments to the balanced budget amend- who want to see the power shifted to Washington’s request for a volunteer to ment would for the first time in our the executive? Do they want an all- go behind the British lines and to bring constitutional history—the first time powerful, imperial President? back the drawings of fortifications. Na- in 206 years—inject a minority veto To rivet into the Constitution this than Hale responded as that old patri- into the ordinary processes of the de- amendment calling for a balanced arch did in biblical times, ‘‘Speak termination of fiscal policy within the budget annually would be to Constitu- Lord, thy servant heareth.’’ Nathan legislative branch. The danger of super- tionalize fiscal policy, and would give Hale responded, knowing that that majority requirements in this policy- rise to disputes cast in Constitutional task was fraught with danger and making context is that a minority of terms, which must either go unresolved might cost him his life. either House can hold the legislative or bring the courts into the determina- He went behind the British lines, dis- agenda hostage, blocking majority tion of fiscal policy. Few judges, if any, guised as a Dutch schoolmaster. His choices until the minority factions ob- have expertise in such matters as fiscal mission was almost finished when, on tain the policy concessions that they policy, budgets, and appropriations, the night before he was ready to return want. James Madison described this and lack the experience to guide their to the American lines, he was discov- very danger in Federalist No. 58, where decisions. The courts would lack judi- ered with notes and letters on his per- he warned that supermajority require- cially manageable standards to guide son, and he was arrested. The next ments permit the minority—permit the their decisions, and drawing the Judici- morning, on September 22, 1776, he was minority—to ‘‘extort unreasonable in- ary into budgetary, appropriations, brought before the gallows. He saw be- dulgences’’ from the majority. In the revenue and other fiscal matters would fore him the gallows. He saw to one business of budget balancing, permit- mean an intrusion—an intrusion—into side, the wooden coffin which would ting such minority vetoes might actu- an area that Congress and the Presi- soon claim his lifeless body. He re- ally be counterproductive if it fostered dent have long regarded as their— quested a Bible. His request was re- minority demands for expensive pet their—exclusive domain. As a result, fused. programs as the price of deficit spend- the stage would be set to injure the The British officer, who was a major ing authorizations. prestige and authority of the courts, as by the name of Cunningham said, ‘‘Do The rules laid down, therefore, are well as to impair the effectiveness of you have anything to say?’’ Nathan those of parliamentary procedure, the Judiciary in preserving the ancient Hale replied, ‘‘I regret that I have only which may belong in the rules of the framework of republican government one life to lose for my country.’’ The Senate and the House of Representa- and protecting the Constitutional lib- British officer angrily commanded, tives, but not in the Constitution. To erties of the nation’s citizens. The peo- ‘‘String the rebel up,’’ and Nathan Hale insert parliamentary rules into the ple’s faith in both the Judiciary and died. He only had one life to give for Constitution cheapens—cheapens—that the Constitution would be seriously his country. basic charter and erodes the respect damaged. Yet, there are some who are unwill- upon which its vitality and usefulness Hence, the implications of an amend- ing to give one vote for their country— depend. ment for the constitutional structure one vote. Not everybody sees this as I There would be years in which three- of our Government and for the status do, of course. I see it through the con- fifths majorities of the full member- of our Constitution as partisan law text of many, many years of dedicated ship of both Houses of Congress author- would be very, very serious. service to this institution, having

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2781 sworn 13 times to support and defend Regulus said, ‘‘I know that they will eral district court to order a local the Constitution—13 times over a pe- know what I have said here and that I board of education to levy higher taxes riod of 48 years. Some of those who will pay with my life.’’ The Roman to build magnate schools in order to support this amendment are undoubt- Senate offered to protect Regulus promote desegregation. And the Court edly—undoubtedly—sincere, and they against his being returned to Carthage. even held open as a last resort the pos- conscientiously believe that this is the But Regulus said, ‘‘No, I gave them my sibility that the district court might only way to get deficits under control. word. I swore an oath to them, which itself levy the taxes. But not all, I would say—and I at- they made me do. I swore an oath to Now get that. ‘‘Oh,’’ they say, ‘‘the tempt to be the judge of no man and no them that I would return.’’ And he courts won’t enter that political thick- woman, but I have talked with many said, ‘‘I will keep my oath, even when et.’’ It is not so much that it is a thick- Senators around here on this matter, given to the enemy.’’ et, it is political. It is political. Judges and some have expressed strange rea- Against the pleadings and the tears are not elected by the people. Judges sons for not supporting this amend- of his wife and children, Marcus Atilius are not out there rubbing shoulders ment. Some think that we ought to Regulus returned to Carthage, and he and elbows with the American people just wash our hands of it, let it go to was tortured. He was forced to lie on and hearing from them as to their ad- the States. ‘‘The States will not ratify spikes in a specially-built enclosure it,’’ they say. Some say if the States vice on making law. But it is otherwise from which he could only see the Sun. with the elected representatives of the ratify it, the backlash will destroy the The Carthaginians cut off his eyelids, Republican Party in time. people, who daily work and move in a and he was forced to look at the Sun political thicket. Madam President, we cannot say, all day long. He soon perished! ‘‘Let this cup pass from me.’’ Harry He was a Roman who believed in It might not happen, but if the pro- Truman, even if he were in the White keeping his oath. So we can understand posed amendment is adopted and rati- House today, could not say, ‘‘The buck what Montesquieu meant when he said fied, no one, no man, no man—it re- stops here.’’ This constitutional that when it comes to the oath, the Ro- minds me, may I say to my good friend, amendment does not stop on its way to mans are the most religious people in one of the fine Senators who is on the the President. It does not go to the the world. I, too, am from a generation ‘‘Republican response team’’—and I President’s desk. So where does the that believed in keeping its oath, when love him, I think a lot of the senior buck stop? The buck stops here—right sworn before God and with one hand on Senator from New Hampshire, I really here in the Senate. the Bible. do—but it reminds me of Odysseus. I hope that Senators will think Mr. President, if this constitutional Odysseus, Senators will recall from again, those who may be guided by po- amendment proves to be unenforceable, that great story, the ‘‘Odyssey,’’ writ- litical motives to vote for this amend- it would create an equally troubling ten by Homer, who supposedly lived ment. I hope they will think again. Na- hazard; namely, by inscribing an empty circa 800 years before Christ, was blind, than Hale gave one life, and thousands promise into the fundamental charter blind like Milton who wrote ‘‘Paradise have given their lives to sustain the of our Government, thus breeding cyni- Lost.’’ Homer was blind. But he went freedoms that are guaranteed by the cism both toward our Government and around singing songs and poetry. Per- Constitution of the United States. the Constitution as well for the rule of haps Homer’s words have come down to That Constitution, as I say, is stained law. us through the centuries, the early, with the blood of thousands. There is not one proponent of this Before I diverted my thoughts to the early centuries, by repetition, by other amendment to the Constitution Romans, I talked about what our con- men relating, speaking, and conveying against whom the blood of that Con- stitutional form of Government would the thoughts and words of Homer. stitution will not cry out as loudly as suffer in the event that the balanced But let us say it was ‘‘written’’ by did the blood of Abel against Cain, if it budget amendment were to be ratified Homer. I think that is fair enough. The is adopted. Not one! and enforced. ‘‘Odyssey.’’ In the ‘‘Odyssey,’’ we will There are those who say, ‘‘Well, he is But now I say, on the other hand, if remember that Odysseus found himself the chairman of the Appropriations the amendment proved to be unen- imprisoned in a cave by the Cyclops, Committee. He is the chairman of the forceable, it would create an equally the giant with one eye in the middle of Appropriations Committee. You would troubling hazard; namely, by inscribing his forehead. He probably still had not expect him to do anything else. He an empty promise into the funda- more vision than some of the pro- is the ‘king of pork.’ No wonder he is mental charter of our Government, ponents of this amendment. In any against this amendment.’’ thus breeding cynicism both toward event, the Cyclopean giant asked Odys- Fie on such little men who think in our Government and the Constitution, seus his name. Odysseus said, ‘‘No such little terms, who have themselves, as well as for the rule of law. Man.’’ His name was Noman. No-man. in all likelihood, never taken an oath Keep in mind that not only would Federal judges—keep in mind that not Well, I will not proceed with the to support and defend the Constitution story, but let me just say that no man, of the United States. I have taken that only would Federal judges—become in- volved in fiscal policy, but State judges and no woman, no one should be very oath, and every other Member here— surprised to find a Federal court made man and woman—has taken that oath. would also be required to make funda- up of unelected judges, appointed for Montesquieu said when it came to mental decisions about taxing and life, enjoining expenditures selected by the oath, the Romans were the most spending. And these are issues, I say to religious people on Earth. Marcus my friend from Georgia, these are the court or requiring the levy of a tax. Atilius Regulus, a Roman consul, cap- issues that judges on both the State People up in New Hampshire would not tured by the Carthaginians in the year and Federal levels lack the institu- stand still for that, for unelected 258 B.C., was sent by the Carthaginians tional capacity to decide in any re- judges levying a tax. We fought one with an embassy to Rome to plead the motely satisfactory manner. war over taxation without representa- case of the Carthaginians before the Some proponents of the amendment tion, and the people of New Hampshire Roman Senate and to attempt, if pos- may be of the opinion that the ‘‘polit- know about that. sible, to arrange for an exchange of ical question’’ doctrine or limitations Even if taxpayers and Members of prisoners, also, to endeavor to bring on standing would preclude litigation Congress were not granted standing, about a truce on terms that would be that would ensnare the judiciary in the the amendment could lead to litigation favorable to the Carthaginians. Marcus thicket of budgetary politics. by recipients whose benefits, mandated Atilius Regulus, however, when he Some recent decisions of the Su- by law, were curtailed by the President spoke to the Roman Senate, advised preme Court, however, suggest that the through impoundment of funds or a the Senate against entering into any Court is prepared—is prepared—to re- line-item veto, in reliance upon the such arrangement or agreement or solve questions that might once have amendment. The President might well treaty with the Carthaginians, because been considered political. For example, conclude that the Constitutional com- such an arrangement would not be ben- in Missouri v. Jenkins, 1990, the Su- mand that ‘‘total outlays for any fiscal eficial to Rome. preme Court upheld the power of a Fed- year shall not exceed total receipts’’

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2782 CONGRESSIONAL RECORD — SENATE February 16, 1995 must take precedence over mere stat- very familiar with the long and bloody The other afternoon I was down vis- utes, including appropriation bills, en- struggle in which the English people iting on the steps, the steps in the Sen- titlement laws, and the Impoundment had wrested from tyrannical monarchs ate where the pages sit. I gathered up Act of 1974. the power of the purse and vested that four or five of the pages who diligently If a Presidential decision were made power in the elected representatives of serve us around here and perform to order a reduction in pension pay- the people in Parliament. The Framers, many, many wonderful duties for this ments, or in social security payments, consequently, considered that the ap- institution and for us individually and or in Medicare payments, or in vet- propriations of money were a bulwark collectively. I gathered them up and I erans compensation payments, the against Executive usurpations, and said: President could argue in defense of his they, therefore, carefully wrote into Ladies and gentlemen, I want you to re- action that there was a conflict be- the organic law the provisions of Arti- member something. When I speak, or when a tween the statutes requiring these out- cle I, Section 9, which guarantee that lot of us speak in the Senate, maybe from lays and the Constitutional provision no monies shall be drawn from the time to time you do not have to listen too commanding that ‘‘total outlays shall Treasury but in consequence of appro- carefully to what some of us have to say. But not exceed total receipts,’’ and that to priations made by the laws of Congress. remember that when Senator BYRD of West execute the spending statutes would re- It is hard to imagine that the possi- Virginia speaks, you take time, and you lis- sult in the Constitution’s being vio- bility of such a dramatic reform of the ten, and listen intently to what he has to lated. say, because you will learn something. You basic structure of our government will learn something about this body, you Assuming that a President concludes would be contemplated in this amend- that his duty to comply with the Con- will learn something about this country, you ment, by the Members of both Houses will learn something about the Constitution, stitutional amendment implicitly in- of Congress, all of whom have sworn an and you will learn something about what cludes the impoundment power or en- oath to support and defend the Con- makes the Senate one of the unique institu- hanced rescissions power or a line-item stitution of the United States. tions in the world. I learn from the Senator veto power necessary to ensure that On the other hand, if the amendment constantly. the budget is in fact balanced, the re- is to be only an empty promise welded I thank him not only for his message sult would be an inevitable shift of into the fundamental charter of our today but his continuing message on power from the Legislative Branch to government, only to have this new pro- this issue, relative to the balanced the Executive Branch. At the very vision of the Constitution routinely budget amendment. heart of our Constitutional system of violated, it would inevitably make all When I was young and growing up in government is the proposition that other provisions of the Constitution Camden, AR, I remember at birthday power over the raising of revenues and seem far less inviolable. Let us soberly parties we used to play a game. In fact, the appropriation of funds rests with reflect on that. when I raised my sons, they played the the people’s elected representatives in As Alexander Hamilton noted in Fed- same game. Perhaps other Members of Congress. The shift to unrestrained eralist No. 25: this body played a game called pin the Presidential impoundment and line- Wise politicians will be cautious about fet- tail on the donkey. One of us would be item veto or rescissions authority tering the government with restrictions that blindfolded, and we would be given the would effectively take from Congress cannot be observed, because they know that donkey’s tail and someway or another the ‘‘power over the purse’’ and confer every breach of the fundamental laws, though dictated by necessity, impairs that we would try to go up to the wall or that power on the President. the board and find the proper place to The placing of the power of the purse sacred reverence which ought to be main- attach the tail on the donkey. Some- in the hands of the Legislative tained in the breast of rulers toward the Constitution of a country, and forms a prece- times, because we could not see it—we Branch—and not in the hands of the dent for other breaches where the same plea were blindfolded—we would not even be Executive or Judicial Branches—was a of necessity does not exist at all, or is less near our destination, or near our tar- decision that was not lightly made by urgent and palpable. get. the Framers of the Constitution. Mr. President, unless a Senator has a In the last several weeks, relative to James Madison wrote in the 58th Fed- question of me, I am prepared to yield this debate—not only in this Chamber eralist: to the Senator from Arkansas for not but in the other body and on the talk This power over the purse may, in fact, be to exceed 15 minutes without losing my regarded as the most effectual weapon with shows, in the media, in the public, right to the floor. I do not intend to wherever—somehow or another I am which any Constitution can arm the imme- hold the floor all afternoon, but I do diate representatives of the people, for ob- reminded of that game once again, of taining a redress of every grievance, and for have some other things that I wish to pin the tail on the donkey. carrying into effect every just and salutary say in opposition to the amendment to I think there is a lot of blame being measure. balance the budget. passed around—the Democrats blame That was Madison. Let me state it Do not forget, I support a balanced the Republicans, the Republicans budget. I supported lowering the defi- again. James Madison wrote in the 58th blame the Democrats. We might blame cits in the 1993 deficit reduction bill. Federalist: this Senator or that Congressman, we So I support the goal of achieving bal- This power over the purse may, in fact, be blame this act or this particular time anced budgets. But I do not support the regarded as the most effectual weapon with or effort or law or regulation as to why prostitution and rape of the Constitu- which any Constitution can arm the imme- we got to this point and how we got to tion of the United States by a Con- diate representatives of the people, for ob- this point at this time in our country’s taining a redress of every grievance, and for stitutional amendment that will not history. carrying into effect every just and salutary achieve a balanced budget but will de- We are in trouble. We are in deep measure. stroy the very form of our government trouble. And this morning I heard the So the Framers, Mr. President, with its separation of powers and distinguished majority whip, Senator explicity rejected the notion that such checks and balances. a crucial power should rest either with Mr. President, I ask unanimous con- LOTT, as he quoted a statement that the Executive or with the Judiciary. sent that I may yield to the Senator Senator DASCHLE had made 1 year ago As I have already stated, the Courts from Arkansas [Mr. PRYOR], for not to in this debate on the constitutional lack not only the experience and the exceed 15 minutes without losing my amendment. At that time, Senator resources, but also the close link to the right to the floor. DASCHLE voted for that amendment, general public needed for responsible The PRESIDING OFFICER (Mr. and Senator DASCHLE was quoted as budgetary decisions. It would be a pro- KEMPTHORNE). Is there objection? The giving the reasons why he was sup- found—a profound—mistake for Con- Chair hears none, and it is so ordered. porting that amendment. gress to adopt an amendment to the The Senator from Arkansas is recog- Mr. President, I invite the distin- Constitution that could transfer such a nized. guished Republican whip to go back to vital Legislative power to an unelected Mr. PRYOR. Mr. President, I thank 1982, to go back to 1986, and he can find Judiciary. the Chair, and I thank the distin- some statements of this Senator from The Framers were well acquainted guished Senator from West Virginia for the State of Arkansas who at that time with the history of England. They were yielding this amount of time to me. also not only spoke on this floor but

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2783 back in my home State, as to why at by Rev. Richard C. Halverson, Jr. I should pass it with or without this par- that moment in our history, that win- thought the prayer was timely, and I ticular loophole. But if the supporters dow of opportunity, that I thought we thought it was poignant. I would like of the balanced budget amendment had to support a balanced budget to quote, if I might, Mr. President, think it is the panacea to all of our amendment to the Constitution. I be- from that prayer of Dr. Halverson. problems, why create a three-fifths lieved it then. I believed it in 1982. I be- Once again, in the urgency of this hour, we loophole? Why not, if we are going to lieved it in 1986. beseech Thee for divine assistance. We pray require a balanced budget? Why do we Not long after those votes, I also for a hedge of enlightened restraint around not require a balanced budget, period? voted for two extremely far-reaching, this ‘‘necessary fence’’ of the Senate. For This is the second loophole, Mr. extremely strict, you might say, pro- through this body, regulations must pass President. That loophole is the defini- that will either strengthen or weaken our posals that would have frozen spending country. tions game. Section 6 of the balanced across the board. In the early 1980’s, I Dr. Halverson’s ‘‘necessary fence,’’ of budget amendment provides that esti- supported those particular freezes. course, is a reference to James Madison mates of outlays and receipts may be But, Mr. President, something has who called the Senate, this body, this used by Congress when drafting legisla- happened since that period of time. institution, ‘‘a necessary fence to pro- tion to enforce and implement the pro- Something has happened to have dra- tect the rights and property of its citi- visions of this amendment. Nowhere in matically and drastically changed the zens against an impetuous public.’’ this amendment before this body economic and fiscal landscape of Amer- Mr. President, James Madison feared today, and nowhere in the Constitu- ica. What has happened is very simple, that the Congress from time to time tion, are the words ‘‘outlays or re- and I will use the analogy that after might act impetuously to please the ceipts’’ defined. the mid-1980’s we let the horse get out public. Reverend Halverson continued Why would the word ‘‘outlays’’ need of the barn. in his prayer last Friday morning, and to be defined? Because outlays are the The horse got out of the barn, and once again I quote. moneys that the Government spends. today, we are being asked for support As pressures mount for instant solutions to And without an airtight definition of by our wonderful friends, like Senator complex problems, grant those who hold this what constitutes spending we had bet- SIMON of Illinois, who believes with all ‘‘senatorial trust’’ the calm resolve to be not ter realize that clever lawyers are of his heart that this constitutional driven by public restlessness, nor drifting in going to find many ways to circumvent amendment is the way to get this horse stubborn idleness, but drawn by Thy vision the intention of this amendment, what- back in the barn. of righteousness—which upholdeth the Na- ever it may be. Mr. President, I respect my friend tion. The same goes for the definition of from Illinois. I respect my friend from That was an insightful prayer, Mr. ‘‘receipts.’’ New Hampshire. I respect my friend President. I hope that Dr. Halverson’s Take the example of sales of Govern- from Utah—in their belief that a con- prayer are the words that set the tone ment assets. If someone were to pro- stitutional amendment, where we for this debate. The public is restless. pose that we sell Mount Rushmore, would balance the budget in the next 7 They are demanding instant solutions. would the money collected when we years is the proper way to get the horse They are demanding action, and one in- sold Mount Rushmore represent a re- back in the barn. I truly believe it is stant answer is this very imperfect bal- ceipt under this amendment? It might wrong to attempt to amend the Con- anced-budget amendment is before us and it might not. stitution to bring the horse back in the today. How about user fees? Will moneys barn. I think what we are doing, if I It is like a bottle of snake oil because collected from new user fees be consid- may use this analogy, is we are at- it promises to solve all of our budget ered a receipt? They might. But they tempting with a constitutional amend- problems. But what it delivers are might not. ment to lasso an elephant with a piece loopholes and false hopes. It gives poli- It is no wonder that Judge Bork has of thread. It cannot be done. ticians the easy and the temporary recently said that we had better antici- The trouble is not in the Constitu- cover to go back home and to say we pate not only hundreds but perhaps tion. This is not where the trouble is. have voted to balance the budget. thousands of lawsuits and other forms There are loopholes, Mr. President, It is not in the Constitution that was of litigation in this particular area. throughout this proposal. And their in- passed in Philadelphia over 200 years Mr. President, I wonder if the distin- clusion assures that false hopes will be ago. The trouble is in us. That is where guished Senator will yield me perhaps 5 created and this is just what our coun- the problem lies. additional minutes? try and just what Americans do not The problem is in me, Senator PRYOR Mr. BYRD. Mr. President, I ask unan- need right now. from Arkansas. In 1981, I voted for Loophole No. 1. Right at the top of imous consent that I may yield an ad- then-President Ronald Reagan’s pro- this balanced-budget amendment is the ditional 5 minutes to the distinguished posal to increase spending and to de- three-fifths loophole. Section 1 says Senator from Arkansas [Mr. PRYOR] crease taxes. There were 11 Members of that three-fifths of the House and under the same terms as heretofore the U.S. Senate who voted against that three-fifths of the Senate can vote to agreed to. package, and I wish I could say today I completely waive the balanced-budget The PRESIDING OFFICER. Without had been one of those 11, or that I had requirement for a year. I believe the objection, it is so ordered. made number 12. I was not. I bought on framers of the Constitution placed pro- Mr. PRYOR. The Senator is very gen- to the idea: We have a new President, visions in the Constitution which they erous. I thank him. let us give him an opportunity to show held inviolate. Mr. President, what we are doing us what he can do. And I supported For example, in the first amendment today is looking at a possibility of President Reagan’s package. of the Constitution, it does not say adopting perhaps the greatest sea In retrospect, I was wrong. So I that ‘‘Congress shall make no laws re- change in the relationship between the would like to stand here today and specting an establishment of religion judiciary, the executive branches of take blame. I will take the blame for unless three-fifths of each House passes Government, and the legislative making a mistake that helped cause legislation specifying otherwise.’’ branches of Government that we have these massive deficits and this gar- The 13th amendment, for example, ever concerned ourselves with. The gantuan, absolutely awesome national does not provide that slavery or invol- definitional games are going to be debt. untary servitude shall exist in the played necessarily on what is or is not So here we are, almost on the eve of United States unless three-fifths of an outlay or what is or is not a receipt. voting whether or not we want to refer each House passes legislation speci- But the definition games will not be to the States an amendment to cause, fying otherwise. limited to just these issues. And I can demand, and mandate a balanced budg- Mr. President, the reason that the say, in my opinion, there are not going et. three-fifths requirement sounds ridicu- to be any winners in this definitional Last Friday morning, I happened to lous is because it is ridiculous. game under these false promises. be in this body, fortunately enough, as I do not believe that we should pass Mr. President, there is a third loop- the Senate was opened with a prayer this amendment. I do not believe we hole. There are many loopholes. But

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2784 CONGRESSIONAL RECORD — SENATE February 16, 1995 No. 3 is, I think, one of the more seri- Mr. President, there are big ques- ters together. I value his friendship and ous—determining what an estimate is. tions about this amendment. I have his advice and counsel. I do not always Who makes those estimates? If one discussed just a few loopholes and gim- follow it, but I certainly listen to what estimator’s ‘‘estimate’’ comes out one micks. This amendment to the Con- he has to say. I will say that I really way, the budget may be in balance. If stitution deserves as much time as nec- was pleased to see him come on the we use another estimator’s estimate, essary to clear the air. floor, because he is one of those distin- we will no doubt have different esti- I am almost out of time. But I want guished Members of the ‘‘Republican mates and then be out of balance. More to simply state that I think this has response team,’’ and he is a very wor- lawsuits will ensue. been a splendid debate. I think that we thy one. He has been around here a It sounds like estimators, not Con- have not, in any way, caused anyone to while. I consider him as a formidable gress, would control the measure of our truly believe that we are attempting a and respectable protagonist of the con- outlays and receipts, and ultimately, filibuster on this side of the aisle. We stitutional amendment to balance the the decisions effecting our lives. have had very few quorum calls. We budget. The point is that estimates can dif- have had, in my opinion, a debate that I think that answers the question, ex- fer, and they can differ drastically. Es- is one that will go down in the record cept there is one further matter he timates can be flat wrong. Human na- books. I truly believe it is one of the mentioned, the matter of having one ture being what it is, estimates can better debates that the U.S. Senate has eye. The giant in the story by Homer also be manipulated. In any case, do we ever engaged in. had one eye, and the distinguished Sen- really want something as unreliable as Once again, Mr. President, I do not ator referred to the national debt, economic estimates to become the un- feel that our situation today with re- namely that an individual would need derpinning of the United States Con- gard to these awesome Federal deficits more than one eye to see the national stitution? I do not believe, notwith- is the fault of the Constitution. It is debt because it is so high. standing that the people of our country our fault and it is our obligation to I remember that during the early want us to balance the budget, that cure those problems by making the first administration of President they want to underpin the U.S. Con- hard decisions, the tough decisions Reagan, I saw the President on tele- stitution with something this illusory. that all of us know we have to make to vision. He was very effective. He had a The estimation game is one more balance the budget. chart and he pointed to that chart loophole through which runaway Gov- Mr. BYRD. I thank the distinguished which had a line drawn to represent ernment spending is going to continue. Senator from Arkansas [Mr. PRYOR] for the national debt at that time, in It will take the decisionmaking process his lucid, incisive observations. terms of $1,000 bills. He said, if I recall, out of the hands of the people and the Mr. President, I yield to the distin- that if one had $1,000 bills stacked 4 Congress, and place it in the hands of guished Senator from New Hampshire, inches high, the stack of $1,000 bills the economists and the estimators who [Mr. SMITH] with the understanding would represent $1 million. Mr. Reagan seldom agree on anything. that I do not lose my right to the floor. indicated by the chart that the stack The fourth loophole, Mr. President— The PRESIDING OFFICER. The Sen- of $1,000 bills necessary to reach the Let us assume that all of our numbers, ator from New Hampshire is recog- then sum of the national debt, which at estimates, statistics and forecasts are nized. that time was just a little under $1 tril- correct, and we are struggling to meet Mr. SMITH. Mr. President, I do ap- lion, would require a stack of $1,000 the requirement of a balanced budget. preciate the Senator yielding briefly to bills 63 miles high. Then what Congress will do is probably me. In the spirit of friendly debate, I That was the last time Mr. Reagan start playing budget games. ask the Senator if there was any sig- ever appeared on television using that Is there not one of us who has been nificance to the fact that when I hap- chart, because when he left office at here for any length of time who has pened to come on the floor to give re- the conclusion of his second adminis- tration, that stack of bills, using his seen the game of putting certain func- lief to Senator HATCH, who has been tions of Government on budget or off out here many hours during this de- chart, would by then have reached budget? Mr. President, I predict under bate, he mentioned Cyclops. I wondered about 237 or 240 miles into the strato- this constitutional amendment, if it whether there was any significance to sphere—because the Nation had added to its debt almost an additional $3 tril- were a part of our Federal Constitu- that fact that when he saw me on the lion during his 8 years in office. And tion, that we would spend the majority floor, immediately the debate went to then, of course, under the administra- of our time not balancing the budget, Cyclops. I think he is a better expert tion of Mr. Bush, the debt continued to but figuring out which Government on history than I am, for sure, but the grow. programs were on budget and off budg- Cyclops had one eye, as I remember. I I thank the Senator for reminding et, which programs raise money, and suppose there is some relevance here, me of that chart. which programs cost money. And we because it is going to take more than Mr. SMITH. Will the Senator con- will have many, many heated debates one eye to stay focused on where this tinue to yield to me? on what should and should not be in- debate is going and where this debt is Mr. BYRD. Yes. cluded in that budget. going in this country. Mr. SMITH. The Senator mentioned The temptation to take deficit pro- I do not know if the Senator wishes he might like to have me on his side in grams ‘‘off budget’’ is going to be to respond, but I did take notice of a fight at some point. This is my fifth great. For example, today under sec- that fact that immediately, Cyclops year in the Senate. It does not come tion 13301 of the Budget Enforcement became the topic of discussion when I anywhere near the number of years the Act, we forbid the use of Social Secu- came on the floor. distinguished Senator has served here, rity trust fund surpluses to offset the Mr. BYRD. If the Senator will in- but I am hoping that someday before Federal deficit. dulge me briefly. either one of our terms is over in the However, under this constitutional Mr. President, I will try to answer Senate we might be on the same side amendment, we are going to appar- the Senator’s question. Indeed, the on an issue, as he is a very worthy ad- ently use Social Security surpluses for Senator’s appearance did not have any versary. that purpose. Many, many experts are part in my reference to the Cyclopean The Senator referred to a comment predicting that in the year 2013, Social giant. I just wish that, if I ever became that I made a few days ago that made Security will begin to run its own def- involved in a street brawl in this city, the national press; that it was our goal icit. At that point, the temptation will the distinguished Senator from New to wear the Senator from West Vir- be to put Social Security off budget in Hampshire would be around close by. If ginia out so we could get the balanced order to meet the balanced budget con- I could have him and Senator HOLLINGS budget amendment to a vote. And the stitutional requirement. there to help me, I would feel like Senator is a very worthy adversary, be- Nothing in this amendment prevents fighting rather than running. He is a cause we have not been able to do that this chicanery, and we all know it will genuinely congenial Senator and I have yet. Even though we have had a num- occur. Will this inspire confidence? No. enjoyed my service here with him. We ber of us out here relieving one an- Will it balance the budget? No. have often talked and discussed mat- other, the Senator still stands on his

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2785 feet and still continues to debate, his budgets in every year. In fact, in ernment down and stop the Social Se- which is really the great thing about some years Congress appropriated less curity checks.’’ the Senate. than the budget requests. So, as I say, I think the reason we are Over behind my desk, there is the Mr. SARBANES. Will the leader here today is because of the irrespon- desk of Daniel Webster, one of the yield? sibility, essentially, of the Congress, greatest orators in the Senate. The Mr. SMITH. But the Senator knows, not any President, over the years. Senator from West Virginia certainly as an expert on the Constitution, that As we debate today right now on the ranks up there in oratorical skills with the Congress of the United States con- floor of the Senate, $9,600 a second the those great Senators of that time— trols the purse strings. The President national debt increases. It increases Clay, Webster, Calhoun, and so many does not spend any money without the $576,000 a minute, $34,560,000 an hour, others. approval of Congress. and $829 million a day—almost a $1-bil- But it does remind you that the time So I think, to be fair about it, it lion-a-day increase as this debate con- we spend here is very fleeting; that we would be fair to say that Congress is tinues. are only temporary stewards of this ultimately responsible, not the Presi- Mr. BYRD. Senator, ‘‘You cram these country. dent, for increasing the debt. The words into mine ears against the stom- But I think, in that perspective, if President’s budget is purely advisory. ach of my sense.’’ the Senator would continue to yield We do not have to agree to it. We can The Senator spoke of the omnibus just for a moment, it is important to increase it, decrease it, ignore it, kill continuing resolution. I have a little realize the significance of this debate. I it, do whatever we want to do with it. grandson who would say, ‘‘Do you think this is a debate of historical sig- But the Congress appropriates the know what?’’ Well, do you know what? On that nificance. money. The Congress authorizes the continuing resolution that was so The Senator from West Virginia and spending. And it is the spending that heavy and that Mr. Reagan dropped on the Senator from Arkansas mentioned drove the debt up over that period of the table before a joint session of the the fact that the debt went up signifi- years. cantly during the Reagan years when And I would accept that there is cer- Congress, do you know what? He asked Reagan was President. That is accu- tainly enough blame to go around be- that those appropriations be sent to rate. tween the two parties. But my point is, him in one bill. I was here. I know. He However, during those years, there I think it is unfair to say that Ronald asked that they be given to him in one were a lot in the Senator’s party in Reagan alone was responsible for the bill. Any further questions? Congress who certainly contributed to debt that we have today. Mr. SMITH. Well, you did not give that. All of the Reagan budgets, at Mr. BYRD. As the Senator says, him any choice. least from when I was here from 1985 there is enough blame to go around. (Mr. KYL assumed the chair.) through 1988–89 during the Reagan But the President, Mr. Reagan, never Mr. BYRD. Oh, yes. He asked for it. years, they were always dead on arrival once submitted a balanced budget to Mr. SMITH. Not really. If Congress and so predicted before they got here. the Congress. controls the purse strings, I say to the And then they were increased by the Mr. SMITH. That is accurate. He Senator from West Virginia, and the party in power in the Congress. So the should have, but he did not. The Sen- national debt increased $3 trillion dur- debt went up, true, while Reagan was ator is right. And neither did the Con- ing those years, how can we blame the President, but whether or not it went gress. President? I mean, whose responsi- up all because of Ronald Reagan I Mr. BYRD. Pardon? bility is it? think is something that I would take Mr. SMITH. Neither did the Con- Mr. BYRD. Well, there is enough to pretty sharp issue on with the Senator. gress. go around, but in the case of the 1993 Mr. BYRD. Will the Senator yield on Mr. BYRD. Well, President Carter budget deficit reduction package, I that point? did. President Carter once submitted a would shift the blame in large measure, Mr. SMITH. It is the time of the Sen- balanced budget. to those who did not support that def- ator from West Virginia. I sat right over here in room 211. I icit reduction package. Mr. BYRD. Number one, the Senator was then the majority leader of the They sat here in the Senate. They sat has stated that all of the Reagan budg- Senate. I sat over in room 211 on a in the House. We had a 1993 deficit re- ets were dead on arrival. I call the dis- weekend, brought my little paper bag, duction package that reduced the def- tinguished Senator’s attention to the with some coal miner’s ‘‘steaks’’— icit over a period of 5 years by $482 bil- fact that some of those budgets were slices of baloney—in that little paper lion. Somewhere between $450 and $500 subjected to a vote in this body or the bag. We had the Secretary of the Treas- billion. Not one Republican Senator other body or both and the Republican ury, the Director of the Office of Man- voted for that deficit reduction pack- Members did not vote for those Reagan agement and Budget, and others. We age. budgets. I believe I am correct in that. had the President’s men in that room, Actually, the deficits have been re- If I am not, I will be glad for someone and we sat through Saturday and Sun- duced more than that. They have come to correct me. day—and I believe Senator SARBANES down 3 consecutive years. Not one Re- Second, the Senator is in error—I of Maryland, who is now on the floor, publican Senator voted for that pack- know this to be a fact—when he indi- was there at that time—and we ham- age. Why? cated, as I thought I understood him to mered out a balanced budget. Mr. SMITH. Mr. President, I would be so indicate, that in the case of all of But, the President also has a veto happy to answer on behalf of the Sen- Mr. Reagan’s budgets the Congress in- pen. And Mr. Reagan never once vetoed ator from New Hampshire. The Senator creased those budgets. That is not the any appropriation bill for that reason, from New Hampshire voted against case, if I understood the Senator cor- in particular. He vetoed some bills for that package for a number of reasons. rectly. other reasons. One, $250 billion in increased taxes on Mr. SARBANES. The Congress re- Mr. SMITH. Will the Senator yield the American people was in it. No. 2, duced them. for just a brief response to that? the projections beyond the 5 years in Mr. BYRD. The Congress reduced Mr. Mr. BYRD. Yes. that budget that the Senator men- Reagan’s budgets in some of those Mr. SMITH. That is true. But, as the tioned, the deficits go up. As we see years, in some of the Reagan years. Senator knows, the Congress during from the follow-on budget that the Going back to 1945, the accumulated those years rolled these huge con- President has sent, we are looking at requests of all the Presidents exceeded tinuing resolutions in to the President an annual average increase of $200 bil- the accumulated appropriations by the with everything from Social Security lion a year. And the deficits will add Congress—exceeded the accumulated to defense and every little program $1.5 trillion more to the debt by the appropriations by the Congress—over that could possibly hurt anybody in turn of the century. He did not take that same period. America all rolled into one, essentially the corrective action that was nec- But precisely under Mr. Reagan, I saying, ‘‘Well, Mr. President, if you essary to continue the downward spi- say again, the Congress did not exceed veto this, then we will shut the Gov- ral.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2786 CONGRESSIONAL RECORD — SENATE February 16, 1995 True, deficits went down for over a 5- taxes. The Senator must come to a ment that they have certain waiver year projected period, largely due to conclusion at some point in time that provisions in the amendment and if we the tax increases, not a lot of spending this budget cannot be balanced simply ever found ourselves in the difficult cuts. When we look at the outyears, by cutting, cutting, cutting. Discre- circumstance clearly a waiver would be the six, seventh, the eighth, they go tionary spending has been cut to the obtained and we would be able to ad- like this, and under the President’s bone. dress issues of national importance. projections those deficits will be over There has to be at some point in The Senator earlier talked about the $350 billion as we turn into the 21st time, a combination of cuts and tax in- fiscal provisions, but I wanted to direct century. creases. There has to be. his attention to another section, and That is not making the corrective de- I heard a Senator on the Republican that is the national security section. I cisions that need to be made to turn side of the aisle the other day say he submit to my colleagues that this is the country around, which is why we would never, never vote for a tax in- very serious business and it is time to need the amendment. If Congress had crease. Well, he has the right to take stop playing games. The Senator from the discipline we would not be here. that position if that is the way he West Virginia just pointed out one They do not have the discipline. This feels. game. People are for the balanced chart proves it. That kind of an attitude is never budget amendment but they will not There are a number of attempts at going to get this budget in balance. vote for the deficit reduction package. balancing the budget of congressional The Senator talks about our children There is a tough deficit reduction action over the years that were taken and grandchildren. I suppose then, that package and they say, ‘‘No, I cannot but they never got the job done. One of rather than vote for a tax increase we vote for that but I am for amending the the more recent ones is Gramm-Rud- should just put this burden of debt over Constitution to require a balanced man-Hollings. Lot of fanfare. What on our children and grandchildren. I budget.’’ happened? We walked away from it be- have children, I have grandchildren. Let me leave that for a moment and cause Congress did not have the dis- Are we going to stand here and say to let me talk about the national security cipline to do it. them, ‘‘You children, you future gen- section which is section 5. I want Mem- A comparison or analogy would be erations will have to raise taxes be- bers to stop and think about this very the Base Closing Commission. Congress cause we do not have the guts to do carefully because we obviously need to did not have the courage to close bases it’’? stop, look, and listen before we place We have been on a national credit that we did not need, so they created a ourself into any framework that could card since 1981. I can remember those commission. Some said we should cre- conceivably endanger the national se- good-feel messages that used to be ate a commission to balance the budg- curity of our country. issued during the Reagan years from et. The point is the amendment forces The provision says that Congress the oval office. Every morning. ‘‘Good us. It is unfortunate, I agree with the may waive the provisions of this arti- morning in America, everything is Senator. I wish we would not have to cle for any fiscal year in which a dec- fine.’’ There really is a free lunch. be here saying we needed a balanced laration of war is in effect. But we say we will not raise taxes. We do not have many declarations of budget amendment to clutter the Con- We have more than one tool by which stitution to balance the Federal budg- war. We can get involved in a situation to bring budgets into balance. That ef- we have to deal with, but we do not et. We should do it. But we do not do it, fort must not be limited simply to cut- and we will not do it until we have the have a declaration of war. It then goes ting programs. I have voted to cut on to say: amendment. spending programs. I will vote further That is why we have to have it. If we The provisions of this article may be to cut spending programs. But we can- waived for any fiscal year in which the do not, I would say to the Senator, our not put aside the tool of revenue in- grandchildren are going to have a United States is engaged in military conflict creases. The men who framed the Con- which causes an imminent and serious mili- country that I cannot imagine. I can stitution provided for revenues to be tary threat to national security and if so de- imagine a press conference by a Presi- increased to pay the debts to provide clared by a joint resolution, adopted by a dent in the future, maybe not too for the common defense and the gen- majority of the whole number of each House, many years, where he comes on tele- eral welfare. which becomes law. vision and says, ‘‘My fellow Americans, But if we are going to take the posi- In other words, if you are facing a I have some very dismal news to share. tion that the only thing we will sup- threat, an imminent threat the amend- We cannot meet our fiscal obligations, port is to cut, cut, cut, programs but ment may be waived. The amendment and I will go to Mexico and Japan and we will not raise taxes, then we are does not even address the situation in China, who knows where, and see if I cheating our children and grand- which we are not yet engaged in mili- cannot borrow some money to meet children. tary conflict. our obligations.’’ I say we have to combine these tools I ask the distinguished Senator from That is going to happen, I say to the if we really, really, really mean busi- New Hampshire, who is on the floor, Senator from West Virginia, because he ness. suppose we are not engaged in a mili- knows we have to meet obligations. We Mr. SMITH. Mr. President, would the tary conflict, there is just the danger are going to get to the point where we Senator yield for one more point? of a military conflict breaking out cannot. Interest is consuming us. In- Mr. BYRD. Mr. President, let me which requires us to take action in- terest is now 16 percent of our budget. first yield to Mr. SARBANES. He has volving the expenditure of moneys. Sixteen percent of our budget, and de- been asking me to yield, and then I will Could you waive that with a joint reso- fense is 16 percent of our budget. Inter- be happy to yield to the Senator. lution? I ask the Senator from West est is going this way and defense is Mr. SARBANES. Mr. President, I Virginia. going this way. wanted to direct an inquiry to the dis- Mr. BYRD. Mr. President, I ask unan- I would say to the Senator, where do tinguished Senator from West Virginia imous consent that I may yield to the we stop it? with respect to the supermajorities distinguished Senator from Maryland Mr. BYRD. Will the Senator allow me that are provided for in this amend- for the purpose of his engaging in a col- to answer the question? ment. loquy, if they so wish, with the Senator Where do we stop? We have to, in As the distinguished Senator has from New Hampshire, without my los- order to stop it, we will have to swal- very ably pointed out, the Founding ing the right to the floor. low some tough medicine. We have al- Fathers rejected supermajorities. Both The PRESIDING OFFICER. Without ready seen the Republican Senators Hamilton and Madison are very ex- objection, it is so ordered. turn tail and run when it came to plicit in the Federalist Papers about Mr. SARBANES. I ask the Senator. It tough medicine in the 1993 budget def- the dangers of supermajorities and the says, if engaged in military conflict, icit reduction package. power we place in the hands of minori- you may waive it. Suppose you are not Well, that was tough medicine. I as- ties. engaged in military conflict but you sume, by what my friend has said, it The argument has been made here on need to prepare for a possible engage- was tough medicine because it raised the floor by proponents of this amend- ment in military conflict; you need to

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2787 take actions which will cost money, Mr. SARBANES. What does the Sen- In many ways, it is comparable to en- which will unbalance your budget, in ator make of this waiver provision? visioning a waiver situation for na- order to deter the potential of a forth- What is its intention to be in section 5? tional security under this amendment coming military conflict. Can you Mr. SMITH. This is the time of the for which the proponents say, ‘‘Oh, if waive that under this provision? Senator from West Virginia. I am not there is a real problem, we’ll get the Mr. SMITH. Would the Senator like going to engage the Senator on the waiver and we’ll address our national me to respond to that? time of the Senator from West Vir- security situation.’’ Mr. SARBANES. Certainly. ginia. At that time, the vote in the Senate Mr. SMITH. The Senator knows very Mr. SARBANES. I see. I regret the was 45 to 30; in the House of Represent- well that this debate is simply an at- Senator does not want to respond. If atives, 203 to 202. Neither of those votes tempt to divert attention from the real the Senator from West Virginia will meets the requirement of section 5 of problem. You just mentioned a mo- continue to yield? this balanced budget amendment pro- ment ago the tough deficit reduc- Mr. BYRD. Yes. posal. Even though in both instances a tion—— Mr. SARBANES. I regret the Senator majority of those voting on this draft Mr. SARBANES. No, no, I yield to from New Hampshire does not want to question voted to extend it, 45 to 30 in the Senator to respond to my question. address that question. Let me just the Senate, 203 to 202 in the House, The question is on the national secu- point out to the Senate that when you with Speaker Rayburn going into the rity issue. The question is specifically really get down to some of these hard well of the House in order to bring addressed to section 5 of House Joint questions, the proponents of this about that vote, neither of those votes Resolution 1, and it specifically goes to amendment just slide off them and is a majority of the whole number of the question of whether you could have they say, ‘‘Oh, well, we would get a each House, which is what this amend- a waiver where we were not engaged in waiver.’’ ment requires. military conflict but needed to take The waiver that is required here is So I ask my friends, the proponents action in order to address a potential declared by joint resolution adopted by of this proposition, how have they pro- military conflict. a majority of the whole number of each vided for the national security of the Mr. SMITH. Well, since the Senator House and, as the very able Senator Nation? I am giving you an absolute, wants me to respond to certain param- from West Virginia has pointed out, specific demonstration of an instance eters rather than the parameters I pre- this is contrary to what the Constitu- in which anyone looking back upon it fer to respond, I say: ‘‘Declaration of tion now requires. would say clearly there was an impor- war is intended to be construed in the What this waiver means is that you tant national security question that context of the powers of the Congress would have to have 51 votes in the Sen- needed to be addressed and yet the vote to declare war under article I, section ate and 218 votes in the House. I have to address it would not carry the day 8. The committee intends that ordinary heard the proponents stand on the floor under the requirements of section 5 of and prudent preparations for a war per- and say, ‘‘Don’t worry, no problem. If a this balanced budget amendment. The ceived by Congress to be imminent situation arises, clearly the Members section states ‘‘So declared by a joint would be funded fully within the limi- will vote for the waiver and we will be resolution adopted by a majority of the tations imposed by the amendment, al- able to address it, we will get these whole number of each House,’’ which though the Congress could establish votes, there is no problem.’’ means you have to have 218 votes in higher level of spending or deficits for I just want to recount one story, be- the House—it carried in the House 203 these or any other purposes under sec- cause this is very serious business, I to 202; it did not have 218 votes—and tion 1.’’ suggest to the Members. means you would have had to have 49 Mr. SARBANES. I know the Senator On August 12, 1941, the House of Rep- votes in the Senate. It carried in the from New Hampshire is reading the re- resentatives was confronted with the Senate 45 to 30, but it did not have the port, but it does not really answer the issue of extending the time of service necessary 49 votes in the Senate. There question. The first provision says that of those members of the armed services were 48 states in the Union during Congress may waive it for any fiscal who had been drafted the year before. World War II and 96 Senators; there- year in which a declaration of war is in In the summer of 1940, the Congress fore, the whole number would be 49. effect. I am addressing a situation in had passed the Selective Training and Now, this is the absolute harm which which a declaration of war is not in ef- Service Act, and, under it, people supermajorities can potentially do to fect. called up were to serve for 1 year—the the national security of our Nation. Mr. SMITH. I can read it—— Mr. SMITH. Will the Senator allow Mr. SARBANES. I am addressing a President could extend the period in- definitely if Congress declared that the me to respond to that? situation in which we are not actually Mr. SARBANES. Sure. engaged in military conflict, but we national interest is in peril. Mr. SMITH. The point is, it is very want to take actions to forestall a On July 21, 1941, with the prospect of clear in the language that I have just military conflict. Can you waive it? war increasing, President Roosevelt indicated on the amendment as well as Mr. SMITH. Is that not ordinary and acted. In a special message to Capitol article I of the amendment. The Sen- prudent preparations for war? Yes, that Hill, he asked Congress to declare a na- ator is correct that it does take a is ordinary and prudent. tional emergency that would allow the three-fifths vote. Now, the point is—— Mr. SARBANES. You can waive it? Army to extend the service of draftees. Mr. SARBANES. Will the Senator Mr. SMITH. It did not say waive it. The President came to the Congress yield at that point? This requirement, ‘‘The committee intends that ordinary and asked them to make this exten- as I understand it, does not take a and prudent preparations for a war per- sion. Everyone is telling us that ‘‘if we three-fifths vote. ceived by Congress to be imminent had a national emergency, surely the Mr. BYRD. Right, it does not. would be funded fully * * *’’ There is Congress would act.’’ The measure re- Mr. SARBANES. This requirement nothing to waive. garding the draft for World War II requires the supermajority in the sense Mr. SARBANES. Fully funded; in passed the House of Representatives by that it required that it be adopted by a other words, you can violate the re- a vote of 203 to 202. It passed the Sen- majority of the whole number of each quirements of the balanced budget ate by a vote of 45 to 30. House. amendment. Now, just think of this. We are lit- You see, this is very important, and I Mr. SMITH. Not at all. That is not erally a few months away from the out- am glad we are having this discussion what this says. The truth of the matter break of World War II. The President because it is important to know ex- is, there will not be any funds even to has said to the Congress, ‘‘There is a actly what this resolution provides and conduct war if we continue along the national emergency. I ask you to ex- how it would work in real-life situa- lines that the Senator from Maryland tend the time of duty of those who had tions. There is a great tendency to just would like to go, which is literally to been drafted the previous year for a 12- brush it all aside, and in fact I think bankrupt the United States of Amer- month period. The storm clouds are on this exchange illustrates that because I ica. We will not have any money to the horizon for all to see. We need to am not now focusing on the three-fifths spend on defense. take action.’’ requirement. That is a different issue.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2788 CONGRESSIONAL RECORD — SENATE February 16, 1995 Mr. SMITH. It is not a different It is a weak argument, and the Sen- we would not have gotten the vote that issue. ator knows it. It is just a way to obfus- was necessary to do it. Mr. SARBANES. I am focusing on cate this issue, to deny those who are Let me read on from the article. the section 5 provision, and its super- out here saying we need this amend- The margin of victory was a single vote. majority requirement of the majority ment. We do need it, and that is ex- And the battle could have been lost as easily of the whole number of each House. actly why we do need it, because no- as won except for Rayburn’s personality and Mr. SMITH. But the Senator is focus- body wants to set priorities. No prior- leadership and mastery of parliamentary procedure. If Rayburn had failed, the Army ing on that and ignoring article I, ities can be set here—only in the stood to lose about two-thirds of its strength which allows you to raise the debt if household budgets, only in business, and three-fourths of the officer corps. At you need to raise the debt in order to only in the cities of America, only in issue was whether to extend the 12-month deficit spend, in order to deal with the the States but not in the Congress of service obligation of more than 600,000 draft- emergency that the Senator is talking the United States. Oh, no; we have to ees already in the Army, thousands of others about. spend more than we take in, year after being inducted every day, and the active- Mr. SARBANES. By a three-fifths year after year after year, $18,500 per duty term of several thousand National vote. Guardsmen and Reservists who had been American. That is the share of the na- called up for 1 year. Without an extension, Mr. SMITH. That is what the Senator tional debt. It goes up, up, up, up. the obligations of both the draftees and the chooses to ignore, because that an- The Senator talked about the guts to Guardsmen and Reservists would begin ex- swers his question. support the President’s budget. The piring in the fall. The United States had Mr. SARBANES. By a three-fifths President’s budget did not resolve it. If adopted its first peacetime draft during the vote. it resolved it, why are we looking at previous summer after weeks of heated and Mr. SMITH. That is right. $200 billion more in annual deficits? acrimonious debates in both congressional Mr. SARBANES. That underscores How are you going to defend America Chambers. my point even more. If the Senator’s when we get $20 trillion in debt? Where The article then goes on to point out: answer to me is you can waive it on a do you draw the line? Where do you Although the legislation limited the draft- three-fifths vote, then in neither of draw the line? ees’ terms of service to 12 months, it pro- vided that the President could extend the pe- these instances in the Senate or the The Senators talked about taxes. We House for the extension of the draft did riod indefinitely if Congress declared that can raise the tax rate, the Senator the national interest is imperiled. they come anywhere close to the three- from West Virginia said—36 percent, 50 On July 21, 1941, with the prospect of war fifths vote. They did not have the percent, 70 percent, 100 percent? That increasing, Roosevelt acted. In a Special three-fifths vote. is what is going on in Washington, DC, Message to Capitol Hill, he asked Congress Mr. SMITH. It goes right back to the right now. The taxes are so high they to declare a national emergency that would issue of priorities, which is why we are cannot pay them anymore. They are allow the Army to extend the service of dealing with a balanced budget amend- draftees, guardsmen and reservists for what- asking the Federal Government to ever period the legislators deemed appro- ment to begin with, I say to the Sen- come in and take over the city. priate. ator from Maryland. Priorities are, if Mr. SARBANES. Let me bring the Despite the measure’s unpopularity and you are at war or need to go to war to Senator back to the very real-life prob- strong lobbying by isolationist forces, the defend the national interest of the lem that I wish to discuss with him Senate approved a joint resolution on Au- United States of America, and you based on a very clear example in his- gust 7, declaring the existence of a national need a three-fifths vote to do it and tory, because what the Senator has emergency and authorizing the President to you cannot get it, you will cut spend- extend the service of most Army personnel just done is what is consistently done by 18 months. ing somewhere else; you will take out here. If we try to focus, in a tough- The vote was 45 to 30, I say to my some pork or some wasteful spending minded way, on a particular problem that we never can get out of this budg- good friend from New Hampshire; 45 to they say, ‘‘Oh, well, don’t worry about 30. That vote would not have qualified et, which is the reason we are in this it; somehow or other it is going to be mess. under the amendment that he is pro- taken care of.’’ posing. That vote was inadequate. You You set priorities. What is more im- Now, I want the Senator to come needed 49 now you would need 51, if you portant, the national security of the with me for just a moment or two and United States or funding the Education did it by the whole number, or 60 if you to look at some history, and I want to are doing the three-fifths. I am now Department or funding the Commerce read from this article that appeared in quoting the article. Department or HUD? You make deci- the summer of 1991. sions, just like everybody else has to In the House it was a different story. The Fifty years ago last Monday, on August 12, Republican leadership viewed opposition to do in America. 1941, House Speaker Sam Rayburn saved the draft extension as a political opportunity too That is the problem. The Senator has draft from legislative defeat and kept the good to ignore. Others had their own reasons gone right to the heart of it. That is U.S. Army intact to fight a war that was for opposing the measure. exactly why we are here today, because only 4 months away. It then discusses what Rayburn went of this mess, because of the point the The reason I am citing this story is through, and of course the final vote Senator makes. Nobody wants to set because we are constantly told that if was 203 to 202. Mr. President, I say to priorities anymore. we have an emergency situation, we the distinguished Senator from New You set priorities. If I am a Senator will get this waiver. The Senator from Hampshire, 203 votes is not enough and this happens, and the President of New Hampshire has just told me we are under the provisions of the proposal the United States, whoever he or she going to get a three-fifths waiver. He that he is now seeking to place in the may be, needs money, needs forces, left the section I was focusing on that Constitution of the United States. needs to protect the national security required a majority of the whole num- So, here we have a real situation. of the United States or the troops in ber, namely you had to actually have This is not hypothetical. This was a the field, I am going to cut somewhere; 218 votes in the House or actually have critical issue. It was carried under the you bet I am going to cut somewhere, 51 votes in the Senate, and he has now provisions of the Founding Fathers, and I am going to do it quickly if I can- gone to three-fifths of the whole num- which the very distinguished Senator not get the three-fifths. ber. So you have to have 290 votes in from West Virginia has been expound- I say to the Senator, I think we the House and 60 votes in the Senate in ing. Under the provisions of the Found- would get the three-fifths because the order to address the crisis. He says if ing Fathers, the Congress was able to Senate and the House of Representa- we have a crisis, we obviously will ad- make a decision. You had a majority in tives, speaking on behalf of the Amer- dress it. I am going to point to a lesson both Houses for it, 45 to 30 in the Sen- ican people, with our Armed Forces in in history in which I think people ate, 203 to 202 in the House of Rep- jeopardy, are certainly not going to would now agree we had a crisis that resentatives. They addressed the situa- deny them the protection they need had to be addressed. We did address it. tion. Under this proposal, we would not and the materials they need to protect But if we had been operating with have been able to address that crisis. themselves in the field or the national these requirements, either one of them, Mr. SMITH. If I might just respond security interests of the United States. we would not have addressed it because to the Senator, his point is well taken.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2789 However we have a situation where I morning about the danger of going ple, if they had the three-fifths provi- think we are mixing apples and or- against the Founding Fathers, against sion, I think, would have looked at it a anges. The Senator is assuming—we Madison and Hamilton, and writing in lot differently, and they may have got- did not have an amendment at the these supermajority requirements. ten more votes. time, we did not have a $5 trillion na- The real danger to the Republic is Let us assume the Senator’s position tional debt in 1941. We did not have a that you will not be able to deal with and say that did not happen. If it did situation where the Members who were crisis situations when they emerge. not happen and this amendment were, debating knew that they would need a The Senator says, ‘‘Oh, no, we will in 1941, part of the Constitution, we certain number of votes to get over the take care of those. Do not worry about then would have gone and spent money top to be able to declare war. It is an it. Do not worry about it. Surely we by taking money from someplace else entirely different situation. You can- would respond.’’ in the budget because we would have not compare 1941 with 1995—you can, I am saying to the Senator: I am giv- believed that the national security in- but I do not believe it is a fair compari- ing an example right out of history terests of the United States should son. where we, under his standards, would come first ahead of subsidies to apples I think things were different then. not have taken care of it. Fortunately or whatever else. The situation was different. The debate the standard was the one laid down by Mr. SARBANES. How do you know was different. The issues were dif- the founders, the one that the Senator they would have done that? Mr. SMITH. Because it takes 51 per- ferent. I think in this particular case if from West Virginia propounded here. In cent to do it. That is why. other words, we decide things by ma- the emergency was such, under the Mr. SARBANES. My dear friend. amendment—if the emergency were jority. We were able to address the sit- Mr. SMITH. That is exactly why. It such that we needed to do something in uation. But with your provisions here is the same numbers. the area of national security, it could that situation could not have been ad- Mr. SARBANES. The Senator from be done either by a three-fifths vote of dressed. It is clear on its face. New Hampshire is my dear friend. But both parties to deficit spend to take Mr. SMITH. Mr. President, if the how can the Senator stand here and care of it—which is one option. If they Senator will yield for a response, there say, ‘‘We easily would have gone some- do not want to do that, then they have are a couple of points here. First of all, where else and found the money’’ when other options. But I think to say 1941 the Senator is assuming something he at the time, on the very issue itself when Roosevelt declared war is the does not know to be the fact. In 1941 we without that constraint, without that same as it is today is simply wrong. did not have a three-fifths situation. In additional complication in terms of The issue is, we can deficit spend. 1941, I would assume that the American getting support for the measure, with- That is the first option. Or we can cut people would have wanted us to sup- out the further complication of the dy- spending somewhere else. And that is port the President of the United namics of trying to achieve a majority exactly what most responsible people States, which we did, to go to war when vote, when at the time they only would do in the future, who are here on we were attacked. passed it by one vote, 203 to 202? That the floor of the Senate or in the House, Mr. SARBANES. Will the Senator was the vote. wherever the debate takes place—in yield on that? Is the Senator telling me Mr. HATCH. Will the Senator yield? both places. They would make the re- that on a measure that passed the Mr. SARBANES. Speaker Rayburn sponsible decision, surely, to protect House 203 to 202, that if at the time walked the Halls of the Congress. I am the national security of the United there had been a three-fifths require- now quoting this article. States. They would cut something if ment of the entire membership of the The vote was set for Monday, August 11. they did not agree to go the three- House of Representatives—which would But Rayburn put it off for one day out of re- fifths route to deficit spend to do it. I be 261 votes? spect for a Republican Member who had died over the weekend. think that is very well protected under Mr. SMITH. I did not do the math. I the Constitution. It makes complete will take the Senator’s word for it. I must say those were the days when sense. It is common sense. We are the Mr. SARBANES. It is 261. there was a degree of civility that pre- representatives of the American peo- Mr. BYRD. Let me tell the Senator, vailed in the workings of the Congress. ple. If we decide we cannot muster 175 votes could defeat it; two-fifths With the President out of town meeting se- three-fifths votes then I assume the could defeat it. cretly in New Foundland with British Prime Mr. SARBANES. It is 261. Are you Minister Winston Churchill to frame the At- American people do not feel it is a na- lantic Charter, Rayburn spent the additional tional security problem for us. telling me that a good number of the day roaming the corridors of Capitol Hill If we still believe that they are 202 who voted against it then would trying to win over recalcitrant Democrats wrong, we can then cut spending some- have voted for it, so you would have and wavering Republicans. His lobbying where else with a simple majority. I do had 261 votes? Where are you going to style was like the man himself, honest, di- not see what the Senator’s problem is. come up with these? You barely got 203 rect and intensely personal without a hint of Mr. SARBANES. Mr. President, I say votes. It almost lost. It passed by one intimidation. The debate went on for 10 to my colleague we are just being given vote. And now you are telling me, hours in the House. Finally at 8:05 p.m. the reading clerk began calling the roll. these kind of bland assurances. ‘‘Surely ‘‘They did not have the three-fifths re- this would happen. No question this quirements then. If they had the three- I reach back into history to try to would be done. It is common sense that fifths requirement somehow, miracu- bring you a real, live example. Mr. HATCH. Will the Senator yield? lously they would have gotten the we would respond.’’ Yet I am giving Mr. SARBANES. Certainly. you a real, live, historical example. other votes in order to do it when they Mr. BYRD. Mr. President, I ask unan- There was nothing hypothetical about voted against it at the time?’’ They al- imous consent that I may yield for it, nothing conjectural about it. It hap- most beat it. They almost beat it on a such colloquy without losing my right pened at a critical time in American straight up or down vote: 203 to 202. to the floor. history. We were faced in the Congress And now you are telling me, ‘‘Well, The PRESIDING OFFICER. Without with a very fateful decision. We are they did not have the three-fifths re- objection, it is so ordered. talking literally months before Pearl quirements. If they would have had the Mr. HATCH. I apologize. I did not re- Harbor. Literally months. And the three-fifths requirement, namely that alize my distinguished friend from Congress was faced with this difficult he had to get 261 votes then a big West Virginia had the floor. decision. chunk of these 202 who voted against it Let me just say this. That is what The Congress reacted, I think, appro- then, to prevent it from happening, was created 203 to 202. There were priately. But by very narrow margins. would have switched over and voted for times when that could have happened. And neither of the margins in the Sen- it?’’ Is that what the Senator is telling It was extraordinary. In the Senate, ate nor the House are adequate to meet me? I cannot believe it. there were only 96 Senators sitting at the requirements contained in your Mr. SMITH. The Senator did not lis- that time. The vote was 45 to 30. So proposal, which only dramatizes the ten to me very carefully. That is not there were 21 Senators that were miss- point that the Senator from West Vir- exactly what I said. What I said is ing. We could have had a constitutional ginia has made so effectively here this there are two options. One, those peo- majority in this case.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2790 CONGRESSIONAL RECORD — SENATE February 16, 1995 Mr. SARBANES. How could you have very strenuously was needed to provide I think a better illustration, if the had it? Those votes could not qualify for the national security of our Nation Senator wants me to substitute one for under your amendment. Is that cor- would have failed, not because a major- him, would be the vote last year on the rect? Neither of those votes qualifies ity of those present and voting did not tax package which the President under your amendment. support it—they did support it—but be- brought up here. It is an interesting Mr. HATCH. You could not with cause you have introduced super- constitutional question that I know those two votes. majority requirements. And these will intrigue my dear friend from West Mr. SARBANES. Either in the Sen- votes would not have met your super- Virginia who has spent a lifetime ate or the House. majority requirements. studying the Constitution—for whom I Mr. HATCH. The Senator was talking Mr. HATCH. Will the Senator from have a lot of respect—in that area, about Senators walked. They walked West Virginia yield once more to me? among many others. That is, that vote there. There were 30 that walked in the Mr. BYRD. Mr. President, yes. I do. last year did not have one Republican. House. There were 21 in the Senate; 96 Mr. HATCH. Keep in mind, I do not We have been excoriated by Members in the Senate; only 75 voted. So even think that we can use votes in 1941. of the other side of the floor as Repub- under a minority vote, people can There was not a constitutional amend- licans because we did not vote for that walk, if they want to. ment in effect then. Keep in mind, one tax increase, or the deficit reduction But the point is we have a constitu- of the other things our Founding Fa- part of it either. We did not because we tional majority in here for one reason, thers did—they did it very carefully— did not want taxes to increase. And and it has been accepted by both Demo- was to put article V into the Constitu- some stood up and said, ‘‘We stood up crats and Republicans in the House and tion which provides for constitutional and did something about the deficit.’’ the Senate; and that is so that we amendments, and for changes that are Well, I suspect that is true. We just did would have tax-limiting effect. I think needed. We are asserting that this not happen to agree. But now that vote it is going to be a tax-limiting effect. change is needed because of the way was a 50–50 tie in the Senate. That is the purpose of it. Congress has been profligate over the I want the attention of my dear Mr. SARBANES. If the Senator will last 60 years. friend from West Virginia. It was a 50– But let us say the last 26 years dur- yield, you have it in section 5 to do a 50 tie. Had this constitutional amend- ing which time we have—could I finish? waiver for a military conflict you re- ment been in effect, would that bill Let me finish this one thought. The quire a whole number of each House. have become law today? Or would it point is that one of the most important Mr. HATCH. That is right. have become law at that time? We did aspects of the balanced budget amend- Mr. SARBANES. The whole number. not have a majority of the whole num- ment is that these two votes, if they Let me go back. There were only 48 ber of the U.S. Senate. It took the Vice are taken every year, are going to be States then. So there were 96 Senators. President to break the tie. the votes nobody is going to be able to Mr. HATCH. Right. There are two ways of looking at Mr. SARBANES. The whole number miss. If you vote on increasing taxes, that. One is that 50 of us could have would be 49 in that circumstance. Is there are going to have to be 100 Sen- thwarted the tax increase. I think that that correct? ators here because it is going to be a would have been a terrific thing to do, Mr. HATCH. That is right. vote that everybody in the country is and that is what we tried to do. We lost Mr. SARBANES. The vote in the Sen- going to pay attention to. If you vote because of the fact that under the Con- ate was 45 to 30. That does not qualify. on increasing the deficit, there had bet- stitution the Vice President could Correct? ter be 100 Senators here. There are not vote. But the other point would be— Mr. HATCH. Right. going to be any walks. Anybody who Mr. SARBANES. Will the Senator Mr. SARBANES. In the House, they walks is not going to be there in the yield? Mr. HATCH. Let me finish and I will had 218. next Congress. be glad to. The other point—with the Mr. HATCH. 203 to 202. That is one thing this amendment delegation given to me from our col- Mr. SARBANES. 218. will do. Mr. SARBANES. Let us assume that. league—is that, from your standpoint, Mr. HATCH. No. It was 203 to 202. Let us assume in 1941 in the House of a simple majority was not allowed to Mr. SARBANES. In any event, it will Representatives that everyone who win, and that this would make it even not qualify there either. walked would have voted for the meas- Mr. HATCH. It would have, had they more difficult because you would have ure. It is a big assumption. Let us as- not walked. to have 51 actual votes of the whole My point is the Senator is saying sume that. Everyone who did not vote number here. Mr. SARBANES. Is that your reading they might walk under this constitu- would have voted for it. Mr. HATCH. You would have had a of section 4 of this balanced budget tional majority. They walked then constitutional majority—— amendment? under a regular majority vote. Mr. SARBANES. No, you would not Mr. HATCH. Not necessarily. I am Mr. SARBANES. That is right. have had the three-fifths—— raising— Mr. HATCH. But in both cases, had Mr. HATCH. Not to increase spend- Mr. SARBANES. What is your inter- they not walked, you could have had a ing. pretation? What does it mean? Section constitutional majority. I think these Mr. SARBANES. Which the Senator 4 says, ‘‘No bill to increase revenue votes are going to be heightened votes, from New Hampshire was making ref- shall become law unless approved by a and nobody is going to miss them. erence to. majority of the whole number of each Mr. SARBANES. If I could say to my Mr. HATCH. I said a constitutional House by a rollcall vote.’’ Take the sit- dear friend from Utah, the Founders majority for increasing taxes. uation you just described. It is a 50–50 specifically discussed this. They de- Mr. SARBANES. The point I want to split. The Vice President is entitled to bated whether the quorum should be get across to my colleague is that cast his vote. Would this negate the more than a majority of the body and there is the assumption that issues of vote-casting power of the Vice Presi- they rejected the notion that it should national security will not be a matter dent? be more than a majority. They said of controversy. In other words, he is Mr. HATCH. No. He could cast his then that you would prevail on a meas- saying clearly, if there is a problem, we vote, but since you did not have 51 ure by majority of those present and are going to get these supermajorities votes of the majority of the whole voting. in order to do what needs to be done. I number, the tax bill would have gone Mr. HATCH. That is right. am demonstrating that we had an in- down to defeat. Mr. SARBANES. Assuming you had a stance in which there was clearly a na- Mr. SARBANES. That is your under- quorum. You have escalated the num- tional security question and you are standing of the meaning of that? ber, and you have done it in such a way not commanding the supermajority. Mr. HATCH. That is my interpreta- as to negatively effect very critical de- Mr. HATCH. The fact that you can- tion. I thought I would give you a good cisions, as I have indicated by the his- not command a supermajority is part illustration. tory of World War II. A measure that of what is going to happen here. What Mr. SARBANES. I wanted to have was before the body that I would argue we are saying is, look. that on the record.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2791 Mr. HATCH. We would not have had There could be a filibuster. The Presi- Mr. SARBANES. The people who are that highest tax increase in history dent could veto the resolution when it against it do not even have to show up; had this amendment been in effect. reaches him. How much time do we is that correct? Mr. SARBANES. That is right. You have? My friend from New Hampshire— Mr. HATCH. Yes. are saying if this amendment were I believe, if I did not misunderstand Mr. SARBANES. Now the way the passed, the August vote would have him—said in that kind of a situation, Constitution is written, if a matter is been negated. we would make cuts, we would make put to a vote, let us say four or five Mr. HATCH. That is my interpreta- cuts from other programs. We would Members are missing, they may be ill, tion. It would have meant that we adjust priorities. they may be in the hospital, they may would have had to have gotten that 51 We do not have time to make cuts be sick, they may have gone to a fam- votes to increase taxes, and we prob- when the Nation is faced with a mili- ily funeral, so they cannot be here. It ably would have been faced with having tary threat. We do not have time to is not unheard of. In fact, it has hap- to reduce the deficit more. search through various programs and pened on occasion. You take a vote Mr. BYRD. Mr. President, what it come up with cuts. And besides, the do- amongst those that are here. It passes also means is that in a situation such mestic discretionary programs have al- 47 to 46, and that is that. Under your as the distinguished Senator from ready been pared to the bone. When the provision you need 51 votes. Maryland has raised—and he has fo- Nation is put in jeopardy, there must Mr. HATCH. Right. cused on a section which I am going to be a resolution passed. It must be en- Mr. SARBANES. Suppose you had a reach a little later, but he has done it acted into law by the President’s signa- vote 50 to nothing, just to draw the much better than I would have done it. ture, and the Nation’s security is in the most extreme hypothetical, 50 are for, What my Republican friends are say- balance. We do not have time to make zero against. The rest are all absent. ing—and I hope I will have the atten- cuts. It takes time. That does not carry; is that correct? tion of both of my friends—what our Secondly, in the event there is a 50– Mr. HATCH. You would wait until friends here have just said is that in 50 tie, under the Constitution as it is the next day when you had 51. You can the event we are in a situation which written, the Vice President could cast come up with hypotheticals in every jeopardizes the national security—— a vote breaking the tie. Under this sec- situation, but that does not change re- Mr. HATCH. No, that is not what I tion of the amendment, the Vice Presi- ality. This body has increased the debt said. dent, representing the President and ceiling. Mr. BYRD. Wait. That is, in essence, his administration, is not permitted to Mr. SARBANES. But the people that what you are saying. You have not let cast a vote to break a tie, while the are against do not have to vote; right? me finish what I am going to say. How Nation’s security is in the balance. No, Mr. HATCH. That is right. do you know what I am going to say? it has to be a Senator. The amendment Mr. SARBANES. They are not re- Be a little patient. says you have to have 51 Senators. quired to be here to make a difference. Mr. HATCH. I will. Mr. President, this section 5, plays Because the standard is not between Mr. BYRD. What they are, in essence, Russian roulette with the national se- those that are for and those that are saying is that you have to have 51 curity of this country. You do not have against, you have to get so many af- votes in the Senate—no matter how the time to look at some programs pro- firmative votes; is that correct? many take a walk; you have to have 51 viding research on apples, or mush- Mr. HATCH. You could use the same Senators, not including the Vice Presi- rooms, or whatever it may be. You do logic. It does not—- dent, who would be willing to stand up not have time for that. And that is Mr. SARBANES. Or it could be the and vote for a resolution which author- small chicken feed, that is small; you three-fifths where you have —- izes the Commander in Chief in a situa- are talking about pennies in compari- Mr. HATCH. You have to have 51 here tion where there is a declaration of war son with the billions of dollars that to constitute a quorum, so it would not or—— military threats to our security will have passed anyway. That could be Mr. HATCH. No, no—— cost. It puts the Nation’s security into under any hypothetical. Mr. BYRD. Just let me finish. This is a gamble. Mr. BYRD. No, no, no. You can have 51 here, which is a quorum, under the one Senator who is not going to be be- Mr. President, does the distinguished constitutional amendment that pres- fuddled or frustrated by interruptions. Senator wish me to yield to him again? ently obtains and 26 Senators would be I will be very happy to yield to my Mr. HATCH. I would appreciate it. I friend when I have finished. a majority. appreciate what the Senator is saying. Mr. SARBANES. If you had 51 Let me start again. We will learn This amendment is not going to allow over a period of time that there are present so you had a quorum and the business as usual. It is going to require vote was say 48 to 3. some Senators who will just not be a constitutional majority to increase rushed. Mr. HATCH. Then you would not taxes, which is a tax-limiting ap- have the requisite number. ‘‘Congress may waive the provisions proach. I suspect that that will be of this article for any fiscal year in Mr. SARBANES. It would not pass; more difficult to get than a three-fifths right? which a declaration of war is in effect.’’ majority to increase the debt. I really In the last 48 years, this country has Mr. HATCH. No. suspect that that is so. Mr. SARBANES. You would have a fought three wars and engaged in sev- The distinguished Senator from West eral military conflicts that were of a quorum and you would not pass it. Virginia—as he always is—was very ac- The more you probe into this, the lesser nature. Not one time was there a curate in stating that section 5 says declaration of war. Not one time. more of a Rube Goldberg contraption it that during a declared war, Congress is. The provisions of this article may be can waive this provision. That only Actually what happens is, the more waived for any fiscal year in which the takes a majority vote. However, if you we debate this section, the more you United States is engaged in military conflict get into a military conflict which which causes an imminent and serious mili- come to understand and a appreciate tary threat to national security and is so de- causes an imminent and serious mili- the perceptions and the wisdom of the clared by a joint resolution adopted by a ma- tary threat, then it will take a con- drafters of the Constitution. jority of the whole number of each House stitutional majority. It is incredible that we are out here which becomes law. I cannot imagine any Congress that playing games with a document that Therein lies a tale—many tales, as a would not grant a constitutional ma- has withstood 206 years of scrutiny and matter of fact. First, there has to be a jority under those circumstances. But was put together by a group of men resolution passed. There has to be a be that as it may, if it does not, then whom Gladstone, the great British joint resolution passed, even consid- that will be the right of the Congress. Prime Minister, regarded as the great- ering the fact that we might have a fil- (Mr. GREGG assumed the chair.) est assemblage of statesmen in the his- ibuster conducted on such a resolution Mr. SARBANES. Will the Senator tory of the world. That was his com- because the opposition could be very yield for a question? ment about them in framing the Con- strong in the Senate on that occasion Mr. HATCH. Yes, I will. stitution of the United States. Yet, we

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2792 CONGRESSIONAL RECORD — SENATE February 16, 1995 are playing games with it all through- votes or 26 to 25. We have not had any Now, I agree with Gladstone’s evalua- out here. of those as long as I have been here. tion of the Founding Fathers. This You have a three-fifths of the whole The point is that when the Senator amendment is fraught with peril. The number requirement, you have a ma- mentioned that in his hypothetical, he more we go into it and the more we de- jority of the whole number require- said 50 votes. I am saying that would velop it and the more we measure it ment, you have a waiver requirement. not have been acceptable; 51, if you against historical experience, the more You are negating the tie-breaking vote have 26 votes, yes. I find wrong with the amendment. given to the Vice President of the Mr. SMITH. Will the Senator from The Senator asserted earlier that United States, as I understand it, under West Virginia yield? surely three-fifths would vote to raise another provision of the Constitution. Mr. SARBANES. If I could just en- the debt limit. I invite my colleague to Mr. HATCH. Not really. gage in this colloquy further. go back through the votes on raising Mr. SARBANES. The Senator told The game that is being played, I say debt limits in the past to spot the ones me on a vote of 50 to 50, in which the to my friend, is very clear today be- where three-fifths did not. It is not so Vice President sought to cast the tie- cause the other side has been very obvious. breaking vote, would not qualify under clear that they have drafted this in a In many of these issues it is a strug- your proposal. way that would have knocked out the gle to get the simple majority to make Mr. HATCH. Only under that in- deficit reduction package of August the decision. These are controversial stance. In other instances it who qual- 1993. issues. They are recognized as con- ify. Now, I understand that the Senator troversial. The August 1993 package Let me make this point. The game was not for that. I was for it. I disagree was controversial. You disagreed with that is being played is business as with him. The Senator portrays it as a it. I supported it. I think it has proven usual. We are running this country tax increase on all the American peo- itself out. I think all the subsequent right into bankruptcy. ple. The fact of the matter is, it was a history supports a decision to have Mr. SARBANES. No, that is not the tax cut on the top 2 percent of the in- passed it. Those decisions ought to be made by case. come, other than the gasoline tax. But majority vote. That is what the Found- Mr. HATCH. Let me finish. the income tax rates affected the top 2 ing Fathers intended. That is what I Mr. SARBANES. No, I am going to percent. think we should stick with. reclaim my time. I am not going to let Now, I understand the Senators on the Senator—— I yield the floor. the other side have a very soft spot for Mr. SMITH. Mr. President, will the Mr. HATCH. He yielded to me. the top 2 percent, but it seemed to me The PRESIDING OFFICER. Does the Senator from West Virginia yield? reasonable to do this and to try to ad- Mr. BYRD. Mr. President, I yield. Senator from West Virginia yield the dress some of our Nation’s problems. Mr. SMITH. The Senator has been floor? In any event, the situation could very generous for all Members here on Mr. BYRD. Let me get it perfectly have been reversed. You could have his time for which this Senator is clear. I yielded to both Senators for a been trying to push through a deficit grateful. colloquy, with the understanding that I reduction package that I opposed for I would like to pick up on something would not lose my right to the floor, one reason or another. that Senator HATCH said, and say to into which colloquy I presume I can in- The question is whether you are the Senator from Maryland, the Sen- tervene at any point I wish. going to skew the Constitution in a ator has pointed out some points which Mr. HATCH. That is right. way that a majority is not going to be are well taken regarding this debate If I could finish my remarks, I would able to make decisions. The Founding and this amendment. I would also say be happy to allow the Senator from Fathers very carefully constructed this to the Senator that Winston Churchill Maryland to respond. document and they are very explicit, once said, ‘‘Democracy is not perfect, My problem is, you can find fault both Madison and Hamilton in the Fed- but it is the best thing going.’’ with almost anything. The reason we eralist Papers, in pointing out in the The issue here is the Founding Fa- brought this balanced budget amend- documents about a supermajority. thers were not infallible. We are not in- ment before us is because we have a Let me just read what Madison said fallible. There are reasonable decisions runaway train of Federal spending. We in Federalist 58. Because he is the fa- that have to be made from time to have a runaway train that is not treat- ther of our Constitution and a man of time. The Dred Scott decision in 1857 ing our taxpayers fairly. The answers great reason and fairness. He would when a Supreme Court said a slave was always seem to be more spending and recognize the other arguments and try property and therefore could not sue in more taxing. to deal with them rationally, which is Federal court. That came in under the This amendment is an amendment what we are trying very hard to do Constitution. Is that right? No. But it that does not require a balanced budg- here today. Let me just quote him. happened. So we are an infallible peo- et, but it does require us to at least This is Madison now, in the Fed- ple. make priority choices. eralist 58: So my point is, what Senator HATCH If we are going to spend, then we are was alluding to, if we look at what is going to have to stand up and vote to It has been said that more than a majority ought to have been required for a quorum; happening we are talking about a situ- do so. You have to vote. We do not and in particular cases, if not in all, more ation where a national emergency have to now. If we are going to tax, than a majority of the quorum for a decision. might emerge. The Senator is correct. then you have to stand up and vote to That some advantages might have resulted He made some very good points about tax. We do not have to do that right from such a precaution cannot be denied. It what might happen if that national now. We can do it through voice votes. might have been an additional shield to some emergency were to come about. I just want to add this to it: If you particular interests, and another obstacle The other point is, if we are looking are going to tax more, by gosh, I think generally to hasty and partial measures. But at where the debt is going and how you are going to find these two votes— these considerations are outweighed by the inconveniences in the opposite scale. In all much of the debt is being consumed, a vote to increase taxes, a vote to in- cases where justice or the general good how much of the budget is being con- crease the deficit—from this point on, might require new laws to be passed, or ac- sumed by interest on the debt, and if this balanced budget amendment tive measures to be pursued, the funda- looking at where it is today, 16 percent passes both Houses and becomes rati- mental principle of free Government would roughly of that budget is interest on fied, you are going to find that those be reversed. It would be no longer the major- the debt and 16 percent is national de- two votes are going to have 100 Sen- ity that would rule: the power would be fense. ators every time, because nobody could transferred to the minority. Were the defen- I would say to the Senator, with all fail to vote on them. And if they do, sive privilege limited to particular cases, an due respect, if we did not stop it, if we interested minority might take advantage of they are in jeopardy of losing their it to screen themselves from equitable sac- do not stop this runaway train of debt seat. It is going to highlight the impor- rifices to the general weal, or, in particular and deficit spending, we are not going tance of these votes around here. We emergencies, to extort unreasonable indul- to have any money for national de- will not have any more of these 51 gences. fense. We are not going to have any

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2793 money for any emergency under any one of the really great statesmen of budget agreement of 1993. The truth of situation because, and the Senator American history, a man for whom I the matter is, Congress walks away knows, that the commission, which have enormous respect and admiration, from them. was a bipartisan commission, on enti- working—as they say here ‘‘Worked The President of the United States, tlements headed by Senator Bob tirelessly but found converts difficult President Clinton, just submitted a KERREY, Democrat, and Senator Jack to come by despite his tremendous budget, the follow-on to this budget, DANFORTH, Republican, said by the prestige on Capitol Hill.’’ When the which increases the national debt by year 2013 at the latest, this country vote came, it was 203–202. That vote $1.6 trillion over the next 5 years. Since will be spending 100 percent of its budg- would not qualify under the provisions this agreement has been passed, we et on interest on the debt and entitle- of your balanced budget amendment have increased the national debt an- ments. There is not going to be any proposition here. other one-half trillion dollars. So money for defense. We would not have been able to re- where is the progress? I would just say to the Senator if this spond to this national crisis. The Sen- This Senator fails to understand is fallible, this amendment, then tell ator earlier said to me if they had where the progress is being made. I me what the alternative is when we get known they needed a three-fifths re- hear about all these great agreements, to 2013 and we do not have any money— quirement they would have gotten we have had all these budget agree- none, zero—to defend our national se- more votes. I said to the Senator, it de- ments, we are bringing the debt down, curity or our national interests. fies belief that a sizable chunk of the bringing the deficit down. We are not Mr. SARBANES. Mr. President, I will 202 who voted against it would switch bringing it down. It is going up, up, up, tell the Senator. First of all, it boggles over because they knew there was a up, and the reason why is because we the imagination that we are hearing three-fifths requirement. They voted need this amendment because Congress this argument from someone who voted against it when there was a simple ma- will not do it without it. That is abso- against the 1993 deficit reduction pack- jority requirement and the thing would lutely evident. age. All of the situation that the Sen- have gone down, and it would have The Senator talks about a national ator is talking about would be far been a disaster for the Nation had it emergency. I do not know whether he worse had the Senator prevailed on happened. has a commission out there somewhere that vote. All I am saying is that these tough that defines a national emergency or There are tough decisions to be decisions need to be made by majority whether he has to read it in the news- made. Everyone recognizes that. Be- vote just as is provided for in the Con- paper that it is a national emergency. cause they are tough to make it is very stitution. The Founding Fathers could If the Congress of the United States difficult to get a majority for them. foresee these things and that is why does not think it is a national emer- What the Senator is doing is escalating they provided it. This is, as the distin- gency or the President does not think the standard from a majority to a guished Senator from West Virginia it is, I do not know how you define a supermajority. So the Senator is mak- said, playing Russian roulette with the national emergency. ing it even tougher to make the tough national security of the United States. So I assume, by definition, if the decisions, not easier. The Senator is Mr. SMITH. Mr. President, if I could Congress does not vote to say it is a na- putting more power into the hands of have a last response, I promise the Sen- tional emergency and provide the fund- the minority to frustrate or to thwart ator from West Virginia. ing to go to war, maybe they do not the effort. The Founding Fathers also provided Where I disagree with the Senator is, think we should go to war. That is the for an amendment process to the Con- in his assumption, that all of these prerogative of the U.S. Congress. That stitution because they knew that it waivers will be granted in a time of cri- is the prerogative. That is exactly sis. If we go back through our history, would need that flexibility, because it what the Founding Fathers meant that it does not support the Senator. His- could not predict the future nor foresee ‘‘Congress shall have the power to de- torically, when we come up against the future. The Senator knows that. clare war.’’ these situations they are often very di- That is why we are here. This argument that somehow we are I also would respond to the Senator visive and very controversial and ac- going to defend the right of the United tion in the end is taken by a bare ma- on the point of the budget agreement States to protect itself by voting jority. I went through at great length of 1993. This debate is, essentially, a against the balanced budget amend- earlier the example of the extension of nonpartisan debate on the issue of ment is the most nonsensical thing I the service requirement under the draft whether or not we need an amendment, heard since I have been here. in 1940. constitutional amendment, to balance By the time this debate is over, we Clearly, that was important to the the Federal budget. But the Senator in- are going to add tens of billions, hun- national security of the country. I am troduced a partisan matter on the issue dreds of billions of dollars to the na- quoting from that article: of the budget agreement. tional debt; $9,600 per second as we de- In an effort to depoliticize the issue as Just because this Senator and the re- bate the debt goes up. Interest on the much as possible, Roosevelt and Secretary of maining Republican Senators in the debt is now going to pass defense. What War Henry Stimson designated Army Chief Senate at the time did not agree with we spend on defense and interest is of Staff George Marshall as the administra- the Senator from Maryland that the going this way, just like that, and de- tion’s point man on the Hill. Marshall way to bring the deficit down was to fense is going this way. And by the worked tirelessly but found converts dif- increase taxes $250 billion, but rather year 2013, by most admissions of a bi- ficult to come by despite his tremendous bring spending down $250 billion to partisan commission, we will be spend- prestige on Capitol Hill. ‘‘You put the case move the budget deficit down, that ing 100 percent on interest and 100 per- very well,’’ one Republican Congressman told him, ‘‘but I will be damned if I am going does not make me opposed to bringing cent on entitlements. to go along with Mr. Roosevelt.’’ the deficit or the debt down. Mrs. BOXER. Will the Senator yield? The vote was set for Monday August 11, The truth of the matter is, those on Mr. SMITH. That is what is going to but Rayburn put it off for one day out of re- this side who voted against that want- threaten the national security of the spect for a Republican Member who had died ed to cut spending, not raise taxes. United States of America, not a con- over the weekend. With the President out of The second point is, which we have stitutional amendment to balance the town meeting secretly in Newfoundland with already gone into on the floor many budget. British Prime Minister Winston Churchill, to times before, not only during this de- Mrs. BOXER. Will the Senator yield nail the Atlantic Charter, Rayburn spent the bate, but the truth of the matter is the additional day roaming the corridors of Cap- to me to ask a question? itol Hill trying to win over recalcitrant correction that needed to be taken to The PRESIDING OFFICER. The Sen- Democrats and wavering Republicans. His reduce the debt was not taken with ator from West Virginia has the time. lobbying style was like the man himself, that budget agreement, for the same Mrs. BOXER. If the Senator will honest, direct, and intensely personal with- reason it was not taken with any of yield for a short period of time. out a hint of intimidation. these other agreements that are on Mr. BYRD. Mr. President, I ask that Here is Rayburn himself, walking the this chart from 1921 all the way up to I may continue to yield with the under- corridors. Here is General Marshall, Gramm–Rudman-Hollings and the standing that I not lose the floor for

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2794 CONGRESSIONAL RECORD — SENATE February 16, 1995 the purpose of a colloquy to include Mr. SARBANES. It also cut spending. Mr. SMITH. Answer yes or no. now the distinguished Senator from Mrs. BOXER. And it cut spending the Mrs. BOXER. I will answer it. I agree California [Mrs. BOXER]. other $250 billion. But the point I want with the Republicans who have said The PRESIDING OFFICER. Without to make, in conclusion, and then I will over and over again by vote, ‘‘You’re objection, it is so ordered. yield back the time to the good Sen- not going to touch Social Security.’’ Mrs. BOXER. I thank you very much. ator and thank him once again for his Mr. SMITH. But when you exempt I was not planning to participate, but leadership on this: The Senator himself it—— something the Senator said makes me said he was working on some plans. I Mrs. BOXER. The answer is I am not want to, and that is during the discus- am sure he is. I have never seen that for touching Social Security either, sion with the Senator from Maryland plan. and because I believe that, I think it is on the vote on the deficit reduction I wrote to every single Republican a compact with the people who paid package, which the Senator from New who is in the leadership, heads commit- into it. Hampshire says is, in fact, not work- tees when this debate started. I said, Mr. SMITH. You are going to destroy ing, every expert in the country says ‘‘Show me your plan. You want this it without the—— that the deficit would have been $500 balanced budget to go into effect. I Mrs. BOXER. No. billion higher. But let us not even get want to know if it is going to hurt the Mr. SMITH. You certainly are. into that because what I want to ask people of California, the people I rep- Mr. SARBANES. If the Senator will the Senator are two basic questions. resent. I want to know what is going to yield, the Social Security System is First of all, the Senator said at that happen if there is a disaster or a war.’’ paying its way. time he did not like the package that You have a three-fifths super- Mrs. BOXER. Exactly right. the President sent over, the deficit re- majority built into this, as the Senator Mr. SARBANES. The Social Security duction package, because it contained from West Virginia and the Senator System is not only paying its way, it some tax increases of which he did not from Maryland have stated. They do is, in fact, running a surplus. approve. We also know it contained a not agree with it. I do not agree with Mr. SMITH. And the Treasury is bor- large tax cut for the working poor and it. I think it shows a mistrust for the rowing all the money to fund the debt, far many more people are affected in a people, that is what I think about and the Senator knows it. positive way from that tax cut. But let supermajorities. They show a mistrust Mr. SARBANES. That has nothing to us put that aside. for the people. They give too much do with the Social Security System. It The Senator said he would have pre- power to the minority, and I do not is terribly important for the American ferred instead of raising taxes—and he think that is what America is all people to understand this because a puts it at $250 billion—he would have about. game may well be played with the So- cut spending $250 billion. But putting all that aside for this cial Security trust fund, as was just in- So my question is, did the Senator conversation, I have to stand up and dicated, in effect, by my colleague offer an amendment to cut $250 billion say to my friend from West Virginia from New Hampshire, if they do not and show us how he was going to cut that when Senators on that side criti- understand. $250 billion from the deficit? I do not cize those of us on this side for voting The Social Security trust fund is recall it. for deficit reduction, which was the more than paying for itself. People re- Mr. SMITH. If the Senator will allow largest package in history and it is ceiving Social Security owe no apology me to respond, you know the situation working, for them not to show what on the deficit question, because the as well as I do with regard to the de- their plan is and to hide behind this trust fund currently is not only paying bate and the politics, what was going figleaf of a balanced budget amend- its way, it is running surpluses, which on. The truth of the matter is, there ment, trying to tell the American peo- in an accounting sense are used to off- were many discussions on our side, ple, because of that, they are going to set the size of the deficit. many attempts to redirect that in com- be the ones to balance the budget, I Now, the other side would obviously mittee. The distinguished Senator from find it very problematical. And I rose want to use those, and many of us feel New Hampshire, who is in the chair, today to add my voice. that should not be done. In the 1980’s, was involved in a number of efforts in They did not vote for the right to when the Social Security trust fund the Budget Committee to reprioritize know. They did not vote to exclude So- ran into some difficulties, we took the that whole budget, and the Senator cial Security. I think this is a dan- measures of reducing benefits and rais- from California knows that. gerous, dangerous balanced budget ing Social Security taxes in order to The truth of the matter is, the posi- amendment. put the Social Security trust fund back tion of the President and the majority By the way, I wanted to vote for a into a healthy position. in the Senate at the time, and in the balanced budget amendment. I wanted That is exactly what we did. This is House, was that the best way to deal to vote for one over on the House side, an effort to raid the Social Security with the deficit was to raise taxes on I say to my friend from West Virginia. trust fund. It is implicit in this bal- the American people. My point is, the He would not have agreed with me. I anced budget amendment, and to some best way to deal with the deficit would did, in fact, do that because it was extent was made explicit the other day be to reduce spending and to continue flexible, it took Social Security off the with the tabling of the Reid amend- that spending on a downward trend. table, it did not have a supermajority, ment, which sought to make it very Mrs. BOXER. So the answer to and we tried to fix this amendment. clear that it could not be tapped or my—— As the Senator from Maryland has drawn on. It needs to be understood the Mr. SMITH. My final point. My only stated so eloquently, the more you Social Security system is paying its point is we did not do what we needed look at this amendment—and that is way. We have other so-called entitle- to do to correct it. Even with the tax why I appreciate the time we have here ments that are not, but the Social Se- increase you did not correct it. If you in the Senate to do that—the worse it curity trust fund is more than paying want to take the position, which I hap- gets for the American people and the its way. That needs to be understood, pen to disagree with, that we can con- people that I came here to fight for, and this assault on the Social Security tinue to raise taxes forever until we the people of California. system needs to be repudiated. balance the budget, you have a right to Mr. SMITH. May I ask the Senator Mrs. BOXER. I say to my friend—and that position. But there is only so one question? I thank him for continuing to yield— much you can get. Mrs. BOXER. Does the Senator con- the reason I answered the question the Mrs. BOXER. My question to the tinue to yield? way I did to my friend, the good Sen- Senator was, he said at the time he Mr. SMITH. One final question. ator from New Hampshire, is because would have preferred to cut spending Under your definition of ‘‘exemption,’’ the Republicans are trying to have it $250 billion instead of raising the taxes. if Social Security and other entitle- both ways. The President’s plan did raise taxes on ments get to 100 percent of the budget, It is really extraordinary, and I am the wealthy, and it also cut taxes much do you still support the exemption? glad we have this chance, because on more broadly on the working poor. Mrs. BOXER. Let me say to—— the one hand they have passed motion

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2795 after motion stating that they will has been declared, ‘‘engaged in a mili- of this country is in jeopardy. What are never touch Social Security or the ben- tary conflict that causes an imminent we going to do? Are we going to be en- efits and it is off the table and they are and serious military threat to national tertained by a wide-ranging debate in not going to look at it. On the other security and is so declared by a joint both Houses on a joint resolution every hand, they vote against the Reid resolution, adopted by a majority num- fiscal year that that situation con- amendment, the Reid-Feinstein amend- ber of the whole number of each House, tinues? And, in addition, we have to ment, which would have clearly taken which becomes law,’’ does that lan- have a majority of the whole number Social Security out of this balanced guage mean that once the joint resolu- elected to each House for passage. budget requirement. tion referred to in that section is Mr. THOMAS. Will the Senator yield So they are talking two ways. And adopted by a majority of the whole for a question? what was so interesting right here this number of each House and becomes Mr. BYRD. Yes, I yield. afternoon just a few minutes ago is the law, and in the event that the military Mr. THOMAS. Senator, I am not as good Senator from New Hampshire conflict which causes an imminent and familiar as you are with the process, says to me, Senator, are you saying serious military threat to national se- but it seems to me that now there has that even if Social Security and the curity continues over a period of an- to be approval, there has to be approval other entitlements are 100 percent of other year or 2 years or subsequent annually for the budget, there has to the problem, that you are not going to years, does this language mean that be approval for the President’s move in touch them? Congress will have to waive the provi- terms of military activities. Well, that is what they have been sions of this article by way of a joint Mr. BYRD. There was not any ap- saying. They have been saying they are resolution in each and every subse- proval in the case of his invasion of not going to touch them. But if you lis- quent fiscal year in which that threat Haiti. The invasion actually started. Mr. THOMAS. There was in Desert ten very carefully, it is a very clear to the national security exists? Does Storm, as you will recall. threat to Social Security, as clear as that mean we have to do it over and the nose on your face. Mr. BYRD. Wait just a second. The over again? invasion of Haiti started. The Presi- I say that this amendment is very I am waiting on the Republican re- dent called it off—in midair, almost. I dangerous. It is very dangerous to the sponse team to respond. Does that was not supportive of that invasion. stability of this Nation because it is so mean that we have to go through this inflexible, and my Republican friends Mr. THOMAS. Nor was I. obstacle course every year, every sub- I guess further I would say, I am not have voted almost unanimously—we sequent year after that first year, or sure I am confounded by the Congress came close on the Johnston amend- that first occasion in which the joint each year approving this. I do not ment on the Court issue, but basically resolution is adopted by a majority of think that is an unusual kind of thing. they have walked down the aisle with the whole number of each House? Do Do you not think the Congress rep- this rigid supermajority requirement we have to do that over and over resents the people—— amendment that puts Social Security again? Mr. BYRD. When the Senator is in jeopardy, it puts our States in jeop- Suppose the support for the Com- around here long enough he may find ardy, and it puts our people in jeop- mander in Chief’s position, suppose the himself confounded. If we get into a ardy. national support wavers? situation where the Nation’s security I wish to thank the Senator from Initially, people having been sup- is in the balance, we may all feel con- West Virginia for his generosity in portive, through their representatives, founded by the necessity of acting ex- yielding to me. of adopting the joint resolution are— Mr. BYRD. I thank the distinguished peditiously, because we have the lives suppose that threat to the national se- of men and women in dire peril. And Senator from California [Mrs. BOXER]. curity continues into a subsequent fis- then, under this amendment, we are Mr. President, when all is said and cal year, and then again into another done, our friends on the other side of going to require a majority of the Sen- fiscal year? Does this language make it ators who are chosen and sworn to pass the aisle have not answered the ques- incumbent upon the Congress to con- tion put to them by Senator SARBANES. a resolution in a situation like that— tinue, with each new fiscal year, to we are going to explain that away by He brought up the language in Section pass a joint resolution by a majority of 5 of the constitutional amendment to talking about the budget deficits? the whole number of each House? What Mr. THOMAS. I have a little more balance the budget: does this mean? confidence in the Members of this body The Congress may waive the provisions of The Commander in Chief and the than to ignore an issue of that kind. It this article for any fiscal year in which a military forces which he may have declaration of war is in effect. The provisions just seems to me that the evidence is committed as he did in Desert Storm, that we need to do something different of this article may be waived for any fiscal or as President Truman did in Korea— year in which the United States is engaged than we have been doing. I constantly suppose that initial support of the peo- in military conflict which causes an immi- hear we cannot change things. But the nent and serious military threat to national ple lessens? What does the Commander record is, we have to if we want dif- security and is so declared by a joint resolu- in Chief do? He is left out there hang- ferent results. tion, adopted by a majority of the whole ing. He has men on distant battlefields. Mr. BYRD. Senator, I am talking number of each House, which becomes law. He has ships plying the waves of the about section 5. Of course, then the proponents of the several seas. He has planes trans- Mr. THOMAS. I understand. amendment, not wishing to focus on porting Marines and soldiers. He has an Mr. BYRD. Let us stay with it. Let section 5 and the questions asked by Air Force out there that is flying in us not talk about, at the moment—I the distinguished Senator from Mary- various areas of the world. What does will be glad to yield later to the Sen- land related thereto, wish to talk it mean? Do we have to pass another ator, if he wants to broaden the discus- about the seriousness of the budget joint resolution in the next fiscal year? sion. deficits and the seriousness of the debt, Suppose this emergent situation We are talking about section 5. As and so on. should arise in August, with the close Napoleon said, there were men on his We are all concerned about those of the fiscal year imminent on Sep- council who were far more eloquent deficits and the debt. There is no dis- tember 30. There is not time to pass a than he, but that he won every argu- agreement as to the desired goal to joint resolution and look for cuts in ment simply by saying 2 plus 2 equals reach a balanced budget and to reduce other areas of the budget, to which my 4. It is pretty simple. the deficits and ultimately to begin friends on the other side of the aisle So I want to say to my friend, as Na- paying the principal on the debt and have alluded. What happens? The fiscal poleon might have, he would say let us hopefully reducing the interest that is year is closed on September 30 and the stick with the question. Let us stick paid on that debt. total outlays have exceeded the total with section 5. That is the question The proponents do not want to focus receipts for that fiscal year. You have that has been raised this afternoon, in on this section 5. I will ask the ques- men out there in the field facing dan- the main, on this floor. tion: If the country ‘‘is engaged in a ger. Their lives are on the line, their So, is the Senator telling me that we military conflict,’’ short of a war that lives are in jeopardy, and the security should run the risk of adopting a joint

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2796 CONGRESSIONAL RECORD — SENATE February 16, 1995 resolution each fiscal year in which our threat’’ to the national security? Obvi- Mr. BYRD. Yes. That is just the ques- national security is in jeopardy? We ously, there are going to be differences tion. Why subject this country’s secu- should run the risk of adopting a joint of opinion. rity to the necessity of a supermajority resolution and that he is willing to Mr. THOMAS. That is what I am sug- vote when the Nation’s very life is in subject this country’s security to the gesting; that is, that is the role of Con- danger, the security of the American necessity of a supermajority vote—a gress, and I think it is a legitimate role people are in danger, the security of mini-supermajority vote, a majority of and one that is not unusual, one that I the troops in the field are in danger, those Senators chosen and sworn? have perceived has been done for a and the security of the planes in the Mr. THOMAS. I have, I guess—and I number of years. air is in danger? Why subject a decision do not suggest I know the answers—but Mr. BYRD. Absolutely. But for a at that critical moment to a super- I have a good deal of confidence. What number of years it has not been re- majority? The Framers, in their wis- does it say? It says, ‘‘* * * this article quired. dom, did not do it. And we have fought may be waived for any fiscal year in Mr. THOMAS. It should be required. a good many wars. which the United States is engaged in Mr. BYRD. For 206 years it has not Mr. THOMAS. I understand. This is military conflict which causes an im- been required that there be a majority the basis of what we are talking about. minent and serious militarily threat of the whole number in each House to Of course, the Senator says leave it as ***’’ I have a hunch that most of us, pass a resolution. it is. Others say we need to change it. a supermajority of us, would respond to Mr. THOMAS. Where does the Presi- That is what it is, whether we change that. dent get the money, if the majority of or whether we do not. Many people Mr. BYRD. Is that the Senator’s an- the Congress does not agree? think that there needs to be a change. swer? Mr. BYRD. Where does he get the Many people think the performance is Mr. THOMAS. Yes, sir. money? such that there needs to be a change. Mr. BYRD. Well, Mr. President, that Mr. THOMAS. Yes. Mr. BYRD. Let me ask the Senator. And I respect greatly the Senator’s is the kind of answer that the pro- wisdom and knowledge. But that is the ponents of this ill-advised constitu- Suppose the President needs a new tax. Suppose he needs to raise taxes to meet issue. And the Senator does not want it tional amendment continue to make. changed. I understand that. Others do. ‘‘Well, I have confidence that the Con- that serious military conflict, that se- rious military threat to the United That is what it is all about. gress would do thus and so.’’ Or ‘‘The Mr. BYRD. It is about more than States. Suppose he needs to increase intent of the proponents of this con- that. That is why we need to take the taxes. Then what? Would the Senator stitutional amendment is thus and so— time to probe and to explore these pro- the intent.’’ Or ‘‘That would never hap- be willing to raise taxes? Mr. THOMAS. The President does not visions that are in this amendment to pen.’’ Or ‘‘I am sure that the Senate balance the budget. We are all in agree- and House will rise to meet the needs raise taxes. Mr. BYRD. That is not the question ment, I say to the Senator, with the of providing—by providing super- which I asked the Senator. goal of a balanced budget. We are all in majorities.’’ Mr. THOMAS. I think there is a sys- agreement. I am in agreement that we Senators do not know that. Senators tem in which the President can move. need to reduce the deficits. And I agree do not know what the intent of a fu- But the President then comes to the that it is going to require some pain. I ture Congress may be. Senators do not Congress for either a declaration or for also am of the opinion that we do not know with enough certitude to give me the money, or he, as he is doing now, need to wait 7 years. We started in 1990. confidence that Congress will act in a comes for a supplemental budget. The We took a great step beyond that in given situation that may be years Congress has to be involved to make 1993. We need to do more. away, as it might act at this moment this decision. Why cannot we continue on that or in this year of Our Lord 1995. Mr. BYRD. Of course. This Senator course of enacting multiyear budget Mr. President, this is the typical re- has never said the Congress should not deficit reduction bills? Do you know sponse: ‘‘I have confidence.’’ That is it. be involved. This Senator is saying why? Because of the pain, and part of ‘‘I have confidence. I am willing to simply that the Congress ought to con- that pain may just have to be an in- trust our colleagues.’’ Well, I am will- tinue to be involved under the present crease in taxes. I do not like to vote to ing to trust colleagues also. I am will- Constitution which has provided very increase taxes. I have been in political ing also to trust the good judgment of well for congressional actions to meet office 48 years, and I know it is not a majority of the representatives of the all emergencies that have occurred easy to vote to increase taxes. It is al- people, if the people are adequately in- throughout the 206-year history of this ways easy to cut taxes. It was easy to formed. I am willing to trust the opin- country. cut taxes in 1981 when Mr. Reagan ions of the American people if they are Mr. THOMAS. I understand that. asked for a tax cut in one package in- properly informed. But we cannot cava- Mr. BYRD. But now we are going to volving 3 successive years of cuts, 5 lierly push away this sobering question be in a very different situation if this percent the first year, 10 the next, and nor the serious questions that arise Constitution is going to be amended. 10 the next. It does not take courage to with respect to this Constitutional And it will not be amended for just a vote to cut taxes. amendment simply by saying, ‘‘Well, I year or so; it will be changed from now But in a situation—I keep getting am sure it won’t happen,’’ or ‘‘I am until kingdom come, unless the Amer- back to this section 5. What is the Sen- willing to trust’’ so and so and ‘‘a fu- ican people and Congress repeal this ator’s answer? Is he willing to put this ture Congress’’ and ‘‘this is not the in- amendment once it is in the Constitu- Nation’s security in peril by requiring tent.’’ tion. The Senator knows that. It is not a supermajority consisting of a major- Read what the amendment says. easy once it is in there. It is not like a ity of the Senators and House Members That is what the court is going to go statute which can be repealed by the elected? The Framers did not think by. It is going to first look at the four same Congress that enacted it in the that was wise. We had just come corners of the document. first place. through the Revolutionary War. We Section 1: I am asking the Senator. Suppose we had still ahead of us the War of 1812. Total outlays for any fiscal year shall not get into a situation where this Nation’s We had ahead of us the Mexican War of exceed total receipts for that fiscal year. security is in peril and more money is 1848, the Civil War, the war with Spain Then in section 5: needed and the necessity arises for an in 1898, the First World War, the Sec- The provisions of this article— increase in taxes. Then what are my ond World War, Korea, Vietnam, and Meaning section 1. friends on the other side going to do in the Persian Gulf. In addition to these, may be waived for any fiscal year in which that situation? there were several military conflicts the United States is engaged in military con- Mr. THOMAS. That is why this provi- that were not wars, of that magnitude, flict which causes an imminent and serious sion is there to waive. by any stretch of the imagination. military threat to national security. Mr. BYRD. Yes. By what vote? There was never, until this amend- Who is going to determine what is an Mr. THOMAS. By a supermajority ment comes along, any thought of re- ‘‘imminent and serious military vote. quiring a mini-supermajority to pass a

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2797 resolution in a moment of dire peril to reality of the U.S. Senate, and life and stitution, it is an open invitation to deal with our Nations’s security. We death matters can be resolved on the courts to come into this equation. get nothing from the proponents when whether or not the Vice President’s There is nothing in this amendment we direct the question at them, ‘‘Would vote counts to break a tie. that prohibits or forbids the courts you be willing to raise the revenues to It was the opinion of the Senator from intervening. meet the needs in that moment of from Utah, as I understand it, stated Mr. SARBANES. Will the Senator peril?’’ ‘‘Would you be willing to raise earlier this afternoon, that the Vice yield on that point? taxes?’’ President’s vote would not count in Mr. BYRD. Yes. Mr. LEVIN. Will the Senator yield this provision. And yet, the chief spon- Mr. SARBANES. I think the Senator for a question. sor of this language that is in front of from West Virginia is absolutely cor- Mr. BYRD. Yes, shortly. What we get us, Representative DAN SCHAEFER of rect. But what is going to draw the is what the Senator from Maryland got Colorado, says the Vice President’s court in even more is the fact that two a while ago when he tried to pin Sen- vote would count. Yesterday, we had principal sponsors of this measure give ators down on the other side of the the same problem. We had, on this side, absolutely contrary views as to the aisle with his questions concerning sec- the chief sponsor saying that there meaning of this clause, as the Senator tion 5. Section 5 has not been talked would be no standing, do not worry from Michigan has pointed out. One of about much in the Senate. It needs to about it. We had the chief sponsor on the chief House sponsors says that be talked about. What we get are the other side—this is the Schaefer- under section 4 the Vice President speciocities, irrelevancies, platitudes, Stenholm substitute. Representative would have the tie-breaking vote. The well-wishes, and expressions of good in- SCHAEFER has said that there would be distinguished Senator from Utah, tent. We do not know what the ‘‘in- standing for Members of Congress to chairman of the Judiciary Committee tent’’ of the Senators who sit at these sue. I had a big board up, and my friend and the lead manager for this bill, very desks will be 2 years form now, 3 years from Pennsylvania who is managing explicitly stated on the floor of the from now. Perhaps they will be the the bill now saw where we had the Senate not too long ago that you would same Senators. How can we say what prime sponsor of this language quoted have to produce 51 votes out of 100 in their intent will be? We need to read in a very formal document, by the way. this body in order for section 4 to the words of the amendment. They These were not casual comments. apply. A 50–50 vote with the Vice Presi- speak for themselves when they say These were questions and answers he dent supposedly casting a tie-breaking ‘‘total outlays shall not exceed total submitted for the RECORD, in the vote would not work. In effect, you receipts in any fiscal year.’’ That does HOUSE CONGRESSIONAL RECORD, where have negated the tie-breaking vote of not leave any wiggling room. The pro- he made statements which were ex- the Vice President. ponents say, yes, it does, because you actly contrary to what the opinion of This is important in underscoring all can waive that by a three-fifths major- the Senator from Utah is—exactly con- of the pitfalls that are contained in ity. trary on critical issues on the role of this provision. I am certain it will It is a dangerous amendment. Sec- the court. bring about what the Senator from tion 5—I would not want to risk the Representative SCHAEFER said, in a West Virginia has just stated, and that lives of my grandsons on that kind of formal answer, that a court could is the involvement of the courts, be- language, requiring 51 Senators in this throw out an appropriations bill or a cause the legislative history on this is Chamber to pass such a resolution, de- tax bill, as being unconstitutional. But absolutely contradictory on the part of nying the Vice President of the United we were told by the Senator from Utah its proponents. States his vote to break a tie, if there that it was his opinion that a court Mr. LEVIN. I thank the Senator from should be a tie. This amendment would could not involve itself in the budg- Maryland. My point here is that this is deny the Vice President of his vote etary process. being left—— that is accorded him in the current My question of my friend from West Mr. BYRD. I ask unanimous consent Constitution—— Virginia is this—and I want to read that I may continue to yield the floor, Mr. LEVIN. Will the Senator yield? now into the RECORD the statement of retaining my rights to the floor, for Mr. BYRD. To vote to break a tie. I Representative SCHAEFER on the ques- colloquies. I do not intend to hold the yield. tion of whether or not the Vice Presi- floor all afternoon. My feet are getting Mr. LEVIN. I understand that the dent’s vote counts. It is on page 758 of tired. Senator from Utah said that the Vice the CONGRESSIONAL RECORD of January The PRESIDING OFFICER. Without President would be denied, in his opin- 26. This is a formal interpretation of objection, it is so ordered. ion, a vote to break a 50–50 tie. But he section 4. And, again, this is a formal Mr. BYRD. I call attention to the also said it was an ‘‘open question.’’ I question and answer presentation that fact that we have a fresh new Member do not think we ought to have an open was supplied for the RECORD by Rep- here from the Republican response question in a constitutional amend- resentative SCHAEFER: team. They are sending them in in re- ment, because this is a life and death This language is not intended to preclude lays. matter. the Vice President in his or her constitu- Yes, I would be glad to yield. Mr. BYRD. You have a constitutional tional capacity as President of the Senate Mr. LEVIN. The Senator has elo- crisis when you have this open ques- from casting a tie-breaking vote that would quently pointed out the reasons why tion. produce a 51–50 result. we should not require majorities, and Mr. LEVIN. It will, in fact, plunge He goes on to say: on that there is a difference of opinion. this constitutional amendment into Nothing in section 4 of the substitute I happen to share the opinion of the the courts to interpret as to whether or takes away the Vice President’s right to Senator from West Virginia for the rea- not he Vice President can break a tie. vote under such circumstances. sons that he has given that we should It should not be left open. It should be Mr. SARBANES. Will the Senator not require a supermajority. resolved in this amendment as to yield? But the issue that I raise, the Sen- whether or not the Vice President’s Mr. LEVIN. I do not have the floor, ator from Maryland has raised, and the vote counts to break a 50–50 tie. I think but—— Senator from Utah has raised relates it is irresponsible to write a constitu- Mr. BYRD. Mr. President, the courts to that question. It is, what is a super- tional amendment knowing that that are going to decide that. It does not majority and whether the Vice Presi- question is left open. make any difference what my intent is dent’s vote counts? And on that one, I By the way, that is not some theo- or what the intent of the House Mem- think 100 of us ought to agree. retical question. Last year’s deficit re- ber was who was addressing himself to Maybe there is a disagreement as to duction bill, as it has been debated that question, or what he intent of any whether or not we should have a super- here this afternoon, was a 51–50 vote, other Senator is. It is the court, and it majority—and there is a disagree- based on the Vice President’s vote. So will be a constitutional crisis. Once we ment—but there should be no disagree- this is not some theory that we are ar- constitutionalize this fiscal policy by ment, there ought to be absolute una- guing here in a civics class. This is the writing this amendment into the Con- nimity on a determination that this

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2798 CONGRESSIONAL RECORD — SENATE February 16, 1995 constitutional amendment be clear on If you have questions about the abil- ators, and a majority of the whole number the question as to whether or not the ity of the Vice President to cast votes shall be necessary to a choice. Vice President can break a tie and with respect to this, then I suspect you But the choice is picking the Vice count towards the 51 votes. We should have questions as to whether the Vice President. It does not answer the ques- not leave that ambiguous. President can cast votes under the 12th tion that the Vice President can cast This is not a matter where there is a amendment, because it is word for the tie-breaking vote. difference of opinion as to whether or word what is put in this document. Mr. SANTORUM. If the Senator will not a supermajority is appropriate in Mr. LEVIN. If the Senator will yield, yield, I think it makes that very point. order to raise revenues or not. This is I do not have a question about it. Obviously, the Vice President is not a question of writing a constitutional The Senator from Utah, who is the considered part of it because there is amendment, knowing that a question, principal sponsor on that side, said no Vice President. So the whole num- a critical question, is left open. It that the Vice President’s vote would ber must mean that it is the Members should not be left open. not count. Now that is coming from a of the Senate, absent the Vice Presi- Because if it is, this constitutional pretty authoritative source here. dent. Otherwise, this would make no crisis, which the Senator from West Senator HATCH said—and I was not sense. I mean, I think that is the rea- Virginia and the Senator from Mary- on the floor, but I understand that he son I used it, because it is apparent. land talked about, is something that said—two things about this question. Mr. SARBANES. Once a Vice Presi- we are inviting. And we should not Number one, it is an open question. dent has been chosen—— only not invite it, we should close the That means what it says. It is an open Mr. SANTORUM. The Vice President door on any such constitutional crisis question, presumably left for the is a Member of the Senate. by making that clear. courts or left for somebody to decide. Mr. SARBANES. Once the Vice Presi- That will not resolve the question But then Senator HATCH said—it was dent has been chosen—— that the Senator from West Virginia reported to me, and I was not on the Mr. BYRD. He is not a Member of the has raised as to whether or not it is de- floor; I believe the Senators from West Senate. The Vice President is never a sirable that there be a requirement for Virginia and Maryland were here—Sen- Member of the Senate. a supermajority, and I happen to, ator HATCH apparently then said that, Mr. SANTORUM. I rest my case. again, share his view on that. But, in his opinion, in his opinion, the Vice Mr. SARBANES. We take a vote—— again, we should clarify the question. President’s vote would not count to- Mr. BYRD. That is not the case. I ask unanimous consent at this ward the 51 votes. And I think that is Mr. SARBANES. Once the Vice Presi- point, Mr. President, that the state- what the Senator from West Virginia dent is chosen and we take a vote, a 50– ment of the prime sponsor of the joint reflected in his statement. 50 vote, can the Vice President break resolution in front of us, Representa- Mr. BYRD. Yes. the tie? tive SCHAEFER, that appears on page Mr. LEVIN. So it is not the Senator Mr. LEVIN. Under this amendment. H758 of the CONGRESSIONAL RECORD of from Michigan who is raising the ques- Mr. SANTORUM. If we compare it to January 26 of this year, be printed in tion—I think we ought to button down the language in the amendment it par- the RECORD. the issue—it is the principal sponsor of allels, my opinion would be no. There being no objection, the mate- the amendment here in the Senate who Mr. LEVIN. He cannot? rial was ordered to be printed in the has rendered that opinion. Mr. SANTORUM. Correct. RECORD, as follows: Mr. SARBANES. Will the Senator Mr. LEVIN. So you disagree with This language is not intended to preclude yield to me? Because the analogy— Congressman SCHAEFER? the Vice President, in his or her constitu- Mr. BYRD. Before I yield, may I Mr. SANTORUM. I do. tional capacity as President of the Senate, point out to the Member of the re- Mr. LEVIN. Then in that case, we from casting a tie-breaking vote that would sponse team who just, I believe, indi- have the prime sponsors in the Senate produce a 51–50 result. This is consistent cated that the supermajority in amend- and we have the prime sponsor in the with Article I, Section 3, Clause 4, which ment No. 12 would be a parallel to the House, whose name is on top of this states: ‘‘The Vice President of the United constitutional amendment—this is the States shall be President of the Senate, but situation which we have been dis- shall have no Vote, unless they be equally di- cussing—namely, as the Vice Presi- Schaefer amendment—we have the vided.’’ Nothing in Section 4 of the sub- dent’s vote would be involved—I point sponsors here and the sponsor there in stitute takes away the Vice President’s right out to the junior Senator from Penn- total disagreement on an absolutely to vote under such circumstances. sylvania, who perhaps has not read the fundamental question as to whether or Mr. LEVIN. Mr. President, I do not 12th amendment lately, that that is not the Vice President’s vote can be have the floor, but I think it would be what that amendment is all about. counted to break a 50–50 tie. And that very desirable for the Senator from There is no Vice President. determines the outcome of the whole Pennsylvania to respond, should the Mr. SANTORUM. Right. deficit reduction package last year. Senator from West Virginia so yield. Mr. BYRD. There is no Vice Presi- That should not be an open question. Mr. BYRD. Mr. President, of course, I dent to cast a vote under the 12th Whatever side of this issue you are on, would not want to shut out from this Amendment. The reason for that whether or not you believe in super- electrifying moment in this very illu- amendment is to provide for the elec- majorities or you do not, we should not minating debate a Member of the ‘‘Re- tion of a Vice President by the U.S. leave an ambiguity that huge in the publican response team.’’ Senate when the Vice President’s seat Constitution as to whether or not the I ask unanimous consent that my is vacant. Vice President’s vote counts. And I previous request include the Senator Mr. SARBANES. If the Senator will think it ought to be clarified. It ought from Pennsylvania and any other Mem- yield, that was exactly the point I was to be clarified one way or the other, ber of the response team. going to make. but it ought to be clarified because, The PRESIDING OFFICER. Without The Senator from Pennsylvania got otherwise, it is an invitation for a con- objection, it is so ordered. up and said, ‘‘Well, if you want to know stitutional crisis. The Senator from Pennsylvania. what this language means here of the I yield the floor and I thank my Mr. SANTORUM. I thank the Senator majority of the whole number, just friend. and I thank the Chair. refer to amendment 12.’’ Mr. BYRD. Mr. President, I have I was going to refer you to the 12th Now, amendment 12 has to deal with been unable to get a question answered amendment that uses the same lan- picking the Vice President. There is here, and perhaps the Senator from guage that is used in section 5 and sec- not a Vice President. And it says—— Pennsylvania can answer it. tion 2, which refers to the whole num- Mr. SANTORUM. Does that not make My question being: If the threat to ber of the Senate. In one case, it says it obvious. our national security should continue the whole number or two-thirds of the Mr. SARBANES. It says: into the next fiscal year, or the next whole number of the Senators, the The Senate shall choose the Vice Presi- calendar year after the year in which same language that we use here only dent; a quorum for the purpose shall consist the joint resolution referred to in this we say in each House. of two-thirds of the whole number of Sen- section is adopted by a minimajority of

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2799 a majority of all the Members of the Mr. SANTORUM. As long as the dec- reading of the constitutional amend- Senate and all the Members of the laration of war is continuing, I assume ment—Congress would have to, each House chosen and sworn, if that threat that is what the Congress can do. year, go through the process of exempt- continues, and we are in a second fiscal Mr. SARBANES. What about the ing itself from this provision because year does such a joint resolution have next sentence? of that conflict. to be passed again by both Houses? Mr. BYRD. There are two different Mr. SARBANES. How can the phrase If not, do both Houses have to waive situations there. ‘‘for any fiscal year,’’ which is identi- the requirements of section 1, which re- Mr. SARBANES. What about the cally the same phrase in sentence 1 and quires a three-fifths majority? Does next sentence? Same interpretation. sentence 2, be given diametrically op- Congress have to continue to waive for Mr. SANTORUM. Obviously, in one posite definitions? each fiscal year during which we have case we have declaration of war. That You just told me that the phrase ‘‘for the military threat? Does that mean is, a declaration of war has a certain any fiscal year’’ in sentence 1, linked that every new fiscal year in which the time limit, then the declaration of war to a declaration of war, means that it threat continues, we have to have ceases. can be waived for not only the current three-fifths to waive the requirements In this case—— fiscal year but fiscal years beyond of section 1? Or does it require that Mr. BYRD. Would the Senator say that. every fiscal year we pass another joint that again? Now the Senator tells me in sentence resolution requiring a majority of the Mr. SANTORUM. The declaration of 2, ‘‘waive for any fiscal year’’ means total membership of both Houses as re- war at some point ends. only the fiscal year in which you find ferred to in section 5? Or does it re- Mr. BYRD. What causes it to end? yourself and not subsequent fiscal quire that both sections be waived? What terminates a war? years. Mr. President, I ask unanimous con- Mr. SANTORUM. A signing of a trea- Now, how can the Senator give that sent that I may propound a question to ty to end the war. phrase an entirely different interpreta- Mr. BYRD. What terminates the dec- the Senator, even though I hold the tion? laration of war? floor. Mr. SANTORUM. Let me give you Mr. SANTORUM. I ask the Senator, The PRESIDING OFFICER. Without the committee report which says: ‘‘For since I was not around the last time we objection, it is so ordered. any fiscal year, in effect, is intended in declared war, I assume it would be Mr. SANTORUM. Mr. President, sec- the first sentence of this section to re- some act of Congress to end the dec- tion 5 reads: ‘‘The Congress may waive quire a separate waiver of the provi- laration. the provisions of this article for any Mr. SARBANES. But it was the Sen- sions of any amendment each year.’’ fiscal year in which a declaration of Mr. SARBANES. For which sentence? ator that asserted that the declaration war is in effect.’’ So it would seem very Mr. SANTORUM. For the first usage. of war would end. How does that hap- obvious to me the Congress has the Mr. SARBANES. In section 5. pen? That is not what you told me a few availability to raise it for the fiscal Mr. SANTORUM. I just responded. year or any subsequent fiscal year in Mr. BYRD. The Senator was respond- minutes ago. which the war is in effect. ing to a question. His response, I do not Is that right? Mr. SANTORUM. That is correct. That is pretty much what it says. understand. Mr. BYRD. I am glad we are going by Mr. SANTORUM. As long as a dec- Mr. SARBANES. Which is correct what the amendment says for once. laration is in effect, however long that then, your answer or the committee re- Now, what do you think it says? may be, that Congress can, under this port? Mr. SANTORUM. I refer to the com- What does the Senator think it says? provision, waive this amendment. Mr. SANTORUM. I think that is what Mr. BYRD. How long was the declara- mittee report. it says. tion of war in World War II in effect? Mr. SARBANES. So, the answer you Mr. SARBANES. I ask the Senator, Mr. SANTORUM. I yield to the Sen- gave me earlier is not correct? what does it mean? What is your un- ator from West Virginia. Mr. SANTORUM. According to the derstanding of the meaning? Would you Mr. BYRD. I am asking a question. I committee report, that is correct. have to have a waiver for each fiscal want to be informed. Mr. SARBANES. Well, what is your year? Mr. SANTORUM. I do not know the view? Is your view the committee’s re- Mr. SANTORUM. I am stupefied that answer. port or is your view the answer which the plain reading of this language is Mr. BYRD. The ready response team you gave yourself just a couple min- not apparent to the Senator from should have all the answers. utes ago? Maryland. I think it is very serious. How long was the declaration of war Mr. SANTORUM. My view is that the Mr. SARBANES. I have to say to the in World War I in effect? The war is committee report, having had the time Senator from Pennsylvania perhaps I over. Suppose declaration of war is still to study it longer than I, is probably am not as quick as he is to pick up the in effect. What happens in a situation the accurate view. plain language. I thought the question like this? Mr. BYRD. Was there a minority was a good question. The question, as I Mr. SANTORUM. I think it would be view on this particular question in that understood it is, must you have a waiv- apparent that at some point the Con- report? er in each fiscal year since? gress would rescind the declaration of Mr. SANTORUM. Not that I am Mr. SANTORUM. It says, ‘‘The Con- war and then this article would no aware. I will have someone check. gress may waive in any year.’’ longer be operative. Mr. BYRD. Let me ask the Senator. Mr. SARBANES. For any fiscal year Mr. BYRD. Congress did not rescind Mr. SANTORUM. By the way, I would in which the United States is engaged. all previous declarations of war. Why further read that the meaning in the So, we may waive it for that fiscal does the Senator not help me find the second sentence, the second use, is also year. answer to that question? the same, that in every fiscal year the Mr. SANTORUM. Or next fiscal year. Mr. SANTORUM. I will do my best. Congress would have to extend this Mr. SARBANES. The next fiscal year Mr. SARBANES. Would the Senator waiver. comes along. Then what? address the second question? Let us Mr. SARBANES. I say to the Senator Mr. SANTORUM. It says we may move beyond the declaration of war. that is certainly a consistent reading waive for any fiscal year. It does not What is your understanding of the sec- of the meaning ‘‘for any fiscal year.’’ say we have to waive for this fiscal ond sentence? This is not a declaration At least it is being read the same way year. We could pass—it says ‘‘any fiscal of war in which the United States is in the second sentence as it was read in year.’’ It could be for next fiscal year, engaged in military conflict, so de- the first sentence according to the the one afterward, as long as the dec- clared by a joint resolution. Would we committee report. laration of war is in effect, we can raise have to get a joint resolution the fol- Now, that is not the answer the Sen- for any fiscal year. lowing year? ator was giving us because he was giv- Mr. SARBANES. So you think it Mr. SANTORUM. My opinion on that ing a completely opposite view of the means any and all? is that the—according to the plain meaning ‘‘any fiscal year’’ in sentence

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2800 CONGRESSIONAL RECORD — SENATE February 16, 1995 1 and in sentence 2. But it only under- Mr. SARBANES. Will the Senator This language is not intended to preclude scores the problems with this amend- yield? the Vice President in his or her constitu- ment. Mr. BYRD. Yes. tional capacity as President of the Senate The distinguished Senator from Mr. SARBANES. He is making an ex- from casting a tie-breaking vote that will tremely important point. Suppose one produce a 51-to-50 result. This is consistent Pennsylvania came to manage the bill with article I, section 3, clause 4 which during this time period. The Senator Congress comes along and passes im- states: ‘‘The Vice President of the United had—I assume now it has changed—a plementing legislation saying that the States shall be President of the Senate but perception of the meaning of this pro- Vice President cannot cast a tie-break- shall have no vote unless they be equally di- posed amendment to the Constitution ing vote. Then a new Congress comes in vided.’’ Nothing in section 4 of the substitute which I am now told he is withdrawing. and they pass implementing legislation takes away the Vice President’s right to Mr. SANTORUM. If the Senator will saying the Vice President can cast a vote under such circumstances. yield, that is why it is very important tie-breaking vote. The Senator, I take it, has told us to have committee reports and imple- I say to the Senator from Pennsyl- that he disagrees with that; is that cor- menting legislation that is called for in vania, I do not see how this particular rect? That is not his view of the mean- the article; that we have implementing provision can bounce back and forth ing of article 4. legislation to clear up these kinds of with the implementing legislation. I Mr. SANTORUM. It is apparent from doubts that may exist with respect to just do not understand how that could the committee report that refers to, as specific provisions of the act. happen. It is obvious that a court I did, the 12th amendment and refers to So I suggest to the Senator that a lot would have to come in to decide it if it that being similar to what the 12th of this debate is useful. In fact, it is il- is not decided here, and we have di- amendment would be. That would be luminating. I find it to be such, not rectly conflicting views. my answer. just on this point, but on many others. Let me just read you—I do not know Mr. BYRD. In the 12th amendment But what is important to note is the whether the Senator is acquainted with there is no Vice President—— ability of this Senate to come back, as what Congressman SCHAEFER on the Mr. SANTORUM. It is obvious as to it will, and implement this act and fur- House side said about this. what—— ther specify the meanings of how this Mr. SANTORUM. If the Senator will Mr. BYRD. To cast any kind of vote, constitutional amendment will be im- yield, again, I am a little bit perplexed. whether it is a deciding vote or any- plemented. I look at, for example, section 8 powers thing else. That is why we have the Mr. SARBANES. I ask the Senator under article I that are given to the 12th amendment, to fill the vacancy in from Pennsylvania, do you think that Congress to borrow money, to regulate the Vice Presidency. the implementing legislation could be commerce. Does it say how we regulate Mr. SARBANES. What is the ref- used to clarify the discrepancy in view commerce or do we leave that to imple- erence in the committee report to that was outlined here earlier on the menting legislation? And if we do which the Senator is referring? floor as to whether a Vice President change that, does that mean we some- Mr. SANTORUM. Page 15, about has the power to break a tie? Could how violate the Constitution, or is that three-quarters of the way down, ‘‘the that be clarified by the implementing somehow dangerous upon our society? whole number of each House.’’ legislation? The Constitution, as the Senator will Mr. SARBANES. That does not an- Mr. SANTORUM. I guess I would tell you, is a contract of principles, not swer the question. That just makes a defer to answer on that. I do not know as to how to. statement. whether the implementing legislation Mr. SARBANES. Will the Senator The whole number of each House is in- would do that or not, to be honest. I yield on that very point? tended to be consistent with the phrase ‘‘the think that would be a matter of inter- Mr. SANTORUM. We continually whole number of Senators’’ in the 12th pretation. change how to. amendment to the Constitution*** Mr. SARBANES. Let me just carry Mr. SARBANES. That is absolutely But that does not answer my ques- the question a step further. Do you wrong. That is absolutely wrong. The tion, since the 12th amendment to the think that implementing legislation Constitution is very specific in describ- Constitution was a situation in which can rewrite provisions of a constitu- ing how, in terms of the process, deci- there was no Vice President. It ad- tional amendment? sions will be made. It is not specific dresses a situation in which you are Mr. SANTORUM. Obviously not, but about the substance of the decision to choosing a Vice President, not the situ- they certainly can clarify points of a be made, but it is very specific about ation after which the Vice President constitutional amendment. Obviously, how we are to do our business. The has been chosen. And once the Vice constitutional amendments, particu- Framers were very careful about that. President is chosen under article I, sec- larly of this nature, are not meant to They spelled out what would be a tion 3, clause 4 of the Constitution, he stand on their own. There has to be quorum, then a majority of the quorum has a vote in an equally divided situa- some legislation that is going to allow could pass the legislation. It is all laid tion. this to be complied with. out. So what the Senator from Pennsyl- Mr. BYRD. Will the Senator allow me I want to give you a real-life situa- vania is doing is drawing an analogy on that point? tion. A bill is before this body. It is a from a situation that governs cir- Mr. SARBANES. Certainly. controversial, closely fought bill. We cumstances in which a Vice President Mr. BYRD. Implementing legislation take a vote on it. The vote is 50–50, and has not been picked and you are pick- may be repealed in the very same ses- the Vice President is sitting in the ing a Vice President. It does not then sion—for that matter, in the very same chair. answer the question of the vote-casting month—in which the original legisla- Now, it is very clear under current power of the Vice President once he tion was enacted. Does this mean then procedure in that circumstance, the has been chosen. that we are going to trust to the hands Vice President can cast a tie-breaking Mr. SANTORUM. If the Senator will of shifting opinions in the country and vote. It does not have to be 50–50, it can yield, I think the Senator from West in this body the interpretation of the be 48–48, whatever. And I have been in Virginia, in fact, helped me answer this amendment if we are going to do it by this body when that has happened, not question when, if you look at, again, implementing legislation? only on the 1993 deficit reduction bill, what the committee report says, ‘‘The Does this mean that we are going to but on other measures as well. I have whole number of each House is in- put at risk the Nation’s security by seen the Vice President in the chair tended to be consistent with the phrase leaving this up to the implementing casting a tie-breaking vote. ‘the whole number of Senators * * *’’’ legislation, which can be changed, as I What is the outcome in that situa- The Vice President is not a Senator. say, by even the same Senators in a tion? I quote the Senator from West Vir- subsequent year? Are we going to place Let me read to you what Congress- ginia, just a few minutes ago. So it the Nation’s security at risk by falling man SCHAEFER says the outcome would would be obvious to any reader that a back on the language that talks about be. This is the Republican lead sponsor whole number of Senators must be 51, implementing legislation? on the House side: assuming there are 100 Senators.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2801 Mr. SARBANES. I just make this ob- outlined in section 5, when we have a in the early-on support for the war servation to my friend. declaration of war or—— dwindled away and left the Commander You must be desperate about the 1993 Mr. BYRD. But my question is, if in Chief out there with his men in far- legislation to be so driven that you that military threat continues into a flung seas and lands, with their lives want to deny the Vice President of the second fiscal year—— on the line. What do we do? No war has United States his tie-breaking power to Mr. SANTORUM. We would be re- been declared. cast a vote which has been in the Con- quired then to pass a separate waiver Do we require that in order to stitution from the very beginning. of this amendment. waive—in order to waive section 5 Now, I know Members on the other Mr. BYRD. Congress would have to there must be a majority of the Mem- side are unhappy about that legisla- pass a joint resolution in each and bers elected in both bodies to waive. tion, but it seems to me it is carrying every fiscal year that ensued following And you do not have that majority. your differences over the substance of a the fiscal year of the first joint resolu- What are you going to do? You have al- piece of legislation much too far when tion? ready run in excess, many—$10 billion, you start tinkering, really assaulting, Suppose there is not a declaration of $15—who knows what? It cost billions, the Constitution of the United States war in effect. The first sentence of sec- the Persian Gulf War, what do you do, in this fashion. We end up getting two tion 5 addresses the situation in which Senator? completely differing interpretations of there is a declaration of war. Now, I Mr. SANTORUM. I would answer the the application of this provision as in- will read it: question—— terpreted by the lead House Republican Congress may waive the provisions of this Mr. BYRD. Are you going to raise sponsor of this measure and by the an- article— taxes? swers that I am now receiving in the Meaning section 1—— Mr. SANTORUM. I would answer that Chamber of the Senate. question the same as I would with any Mr. BYRD. Mr. President, I ask unan- for any fiscal year in which a declaration of war is in effect. war. The Congress has the responsi- imous consent that notwithstanding bility of funding the war and appro- the fact that I have the floor, I may Now, the country has fought three major wars and engaged in several priating the dollars. The President can- propound a question to another Sen- not continue to execute a war if the ator without losing my right to the military conflicts during the past 48 years without declaring any war. Sup- Congress does not provide the funds to floor. do so by a majority vote. So we already The PRESIDING OFFICER. Without pose there is not a declaration of war have, already, an existing requirement objection, it is so ordered. in effect. Then let us see what it says. that Members of Congress vote by a Mr. BYRD. Let me ask the distin- Provisions of this article may be waived guished Senator from Pennsylvania, in for any fiscal year in which the United majority to fund the war. a situation in which in a given fiscal States is engaged in military conflict which So I guess I do not see the complica- year the United States is engaged in causes an imminent and serious military tion. If we are going to go ahead by a military conflict which causes an im- threat to national security and is so declared majority vote and fund the war by joint resolution, adopted by a majority of minent and serious military threat to through an appropriations process, and the whole number of each House, which be- we have the support to do that, why national security, and that threat con- comes law. tinues into the next fiscal year, is it would we not continue very consist- Now, I have two or three questions I section 1 that would have to be waived ently, almost an afterthought, to go wish to ask the Senator. I will ask in the subsequent fiscal year or years? ahead and waive this provision of the them singly or I will ask them en bloc. Would section 1 have to be waived in Constitution, recognizing the immi- One. Does this mean that in each the subsequent fiscal year or years? nent threat to our national security? subsequent fiscal year—let us imagine Mr. SANTORUM. I am not too sure— Mr. BYRD. Except that a majority is that a military threat develops in Au- if the Senator is asking for an answer, not a majority is not a majority, under gust, which is only 2 months preceding I am not too sure I understand what this new amendment to the old Con- the close of the fiscal year. A threat is the question is. Is he suggesting that stitution. A majority under the current imminent. The Commander in Chief the second year would be treated dif- Constitution is not a majority under asks for a resolution, and Congress, ferently than the first year of the con- this constitutional amendment to bal- notwithstanding the rules providing for flict? ance the budget. Mr. BYRD. Why would it not? It is a unlimited debate in the United States So the deficits have been increased, new fiscal year. And the constitutional Senate, quickly passes such a joint res- the debt has gone through the strato- amendment on the balanced budget re- olution for that fiscal year. sphere, and we have people overseas quires that the outlays not exceed re- Then let us imagine that the threat with their lives on the line. What are ceipts in any fiscal year. So we are into continues over into the next fiscal we going to do? a new fiscal year. And yet the threat to year, January, February, March, April. You have an administration under the security of this country is still in Is another joint resolution required by the control of one party and the leader- effect. What do we do? Do we have to the Congress? ship of the Congress under the control waive section 1 again in the new fiscal Third question. Suppose that the re- of the other. You are putting our Na- year? sponse of the Congress to the Presi- tion’s security in peril—— Mr. SANTORUM. According to the dent’s request is favorable and the Mr. SANTORUM. Senator, what you committee report, a joint resolution of President launches his planes and are suggesting—— Congress would be required in order to ships, his troops, and vast expenditures Mr. BYRD. Requiring a mini-super- have this provision be eligible to be of money are entailed. The fiscal year majority for such a critical time. waived, this amendment to be waived. ends. The outlays exceed the receipts. Mr. SANTORUM. Is what the Senator Mr. BYRD. The Senator is talking The threat continues throughout the is suggesting that this body or the about two things there. The Senator is next fiscal year. There is no declara- other body would pass appropriations talking about the joint resolution in tion of war but expenditures run into bills to fund the conflict, our participa- section 5 that would have to be enacted the billions of dollars—billions. What tion in the conflict, and then not come into law which would require a major- are we going to do? back and waive the requirement for a ity of the whole number of Members in This amendment says outlays shall balanced budget to allow us to do that? each House. But section 1 requires a not exceed receipts in any fiscal year. Is that what the Senator is suggesting? vote, in order to be waived, of three- What are we going to do about the fact Mr. BYRD. I am not suggesting it. fifths of the whole number of each that the deficits rose greatly in the The Senator—— House. previous fiscal year, the one in which Mr. SANTORUM. Same vote—— Mr. SANTORUM. And section 5 pro- the threat first made itself clear and Mr. BYRD. The amendment the Sen- vides an exception to section 1. the deficit of the second year amounted ator is so avidly supporting requires Mr. BYRD. To section 1. to billions of dollars? What are we that in each fiscal year—— Mr. SANTORUM. In other words, sec- going to do? And suppose that passions Mr. SANTORUM. As we do with ap- tion 1 binds us with the exception of, as within the Congress and in the country propriations——

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2802 CONGRESSIONAL RECORD — SENATE February 16, 1995 Mr. BYRD. Outlays shall not exceed fiscal years that have ended and the es- Senate returns following this week- receipts. timate for the deficits for that year or end—be willing to agree to a vote on or Mr. SANTORUM. Except—— those years have gone wrong by virtue in relation to the amendment. I say ‘‘in Mr. BYRD. Suppose that in order to of the sudden imminence of a serious relation’’ because the amendments make that work, we had to have a tax military threat to our national secu- around here to this constitutional to fund this threat—to protect us rity. amendment do not get up-or-down against the threat to the security of Is the Senator willing—he would not votes. Motions to table are made. the Nation. I have heard Senators on be willing, I do not believe, to vote for There have been several amendments that side of the aisle say they will not a package to reduce the deficits, such offered and debated to this constitu- vote for a tax, ever. What about the as the one we enacted in 1993. But in a tional amendment. There have been no deficits that have already been run up situation like this, in which the Na- up-or-down votes, and all of the amend- in the previous fiscal years, for which a tion’s security is imperiled, would he ments succumbed to the motion to majority of the Members chosen and be willing to vote to increase taxes? I table. That certainly is within the sworn have voted to waive? Does that heard a Republican Senator stand over right of Senators to move to table. mean we have to go back and put on a there on the floor and say he would not I would be willing to offer my amend- retroactive tax? How would the Sen- vote to increase a tax, ever. ment, and it will be germane, if cloture ator feel about that? I do not believe the Senator from is invoked. I would be willing to offer Mr. SANTORUM. How I would feel Pennsylvania’s feet are in such con- that amendment today, and agree to a about it is, as you know, every year we crete. But I am just wondering, in the time on it for debate and vote on or in have to appropriate money for the De- light of what he said about a retro- relation to it, which includes the ta- fense Department. Particularly in time active tax the other day, whether or bling motion, to take place on next of war we would have to appropriate not he would suggest that, in a situa- Wednesday. I have not offered the money through an appropriation proc- tion like this? In order to go back and amendment yet. So it cannot be tabled ess; we would have to go through both wipe out those deficits? today. But I can offer it. So if the man- sides, it would have to be passed by a Mr. SANTORUM. Would I in fact vote ager of the bill would like to respond, majority vote. In addition, we have put for a retroactive tax? If we needed to I will yield. an additional hurdle—yes, of this sec- tax in order to meet the needs of war, Mr. HATCH. Mr. President, will my tion—which requires a simple major- I think we would have broad bipartisan dear friend yield? ity, not a three-fifths or constitutional support, as we would—as we do now, Mr. BYRD. Yes. I am happy to yield. Mr. HATCH. As I understand it, the majority, but a majority of the whole with appropriations bills. Senator from West Virginia is willing number of each House—— Mr. BYRD. And he would vote for a to lay down his amendment as long as Mr. BYRD. That is not a simple ma- retroactive tax? it is not tabled today, and willing to jority. Mr. SANTORUM. I do not know what have the vote on it at a time certain Mr. SANTORUM. A majority of the the need would be for a retroactive tax but if that is what would be required, I when we get back on Wednesday. whole number of each House. Mr. BYRD. Yes. Mr. BYRD. Which is not a simple ma- would certainly consider it, if our country was at war. Certainly. Mr. HATCH. Can the Senator tell me jority. what time the distinguished Senator Mr. SANTORUM. Which would be Mr. BYRD. How would the taxpayers of this country ever know how to fill would desire? Could we keep it short? slightly higher, possibly slightly high- Mr. BYRD. Let me modify my re- er burden in the House, and potentially out an income tax form, if we are going to go back and enact retroactive taxes? quest. Let me offer this modification, higher, depending on interpretation, or possible modification. I believe a How are they going to know what the vote here in the Senate. But certainly unanimous-consent order was entered tax requirements are when they fill out consistent with the passage of the ap- for the recognition of the Senator from their income tax forms and whether propriations bill. West Virginia immediately upon the Mr. BYRD. Slightly higher, but it they may have to pay back taxes? Mr. SANTORUM. That was our argu- disposition of the cloture vote today to does not necessarily mean it would be call up amendment No. 252, and that slightly easier. ment against the retroactive tax in 1993. amendment would eliminate the three- Would the Senator recommend that fifths supermajority contained in sec- in order to deal with the deficits that Mr. BYRD. But the other day—I am talking about the Senator’s statement tion 1. had been built up as a result of the I would like to have the privilege of the other day, when he suggested there waiver of the article in previous fiscal calling up that amendment, laying it years—does he suggest there might might be a retroactive tax. SANTORUM. I said that is an option down today, or calling up instead an have to be a retroactive tax? available to future Congress, if nec- amendment which is equally germane, Mr. SANTORUM. There is nothing essary. in the event cloture is invoked, to deal here in this constitutional amendment Mr. BYRD. And I am asking the Sen- with section 5, which the Senators that requires us to pay back deficits ator. from Maryland and Michigan and I and that have been incurred since the en- Mr. SANTORUM. I would not rec- other Senators have been discussing actment of this constitutional amend- ommend that option. this afternoon—with the understanding ment, that have occurred as a result of Mr. BYRD. But you would be will- that there would be no tabling motion a waiver of this amendment. So there ing—— offered today, and that the vote on or is no requirement in the constitutional Mr. SANTORUM. In a time of war, in relation to that amendment, which- amendment to require the payment of Senator, I would be willing to do things ever of the two it is, would not occur existing debt. that otherwise I would not be willing until next Wednesday. Mr. BYRD. Oh, there is not? There is to do at other times. There is a cloture vote, I believe, not? Mr. BYRD. What I am concerned that will occur, possibly even two of The other day, the Senator from about is in a time of serious military them, on that day. As I understand it, Pennsylvania stated with reference to threat to this country, under this the majority leader laid down two clo- dealing with the deficit for a year that amendment a majority of the Senators ture motions last night—say 2 hours of has ended, the Senator stated: ‘‘We and House Members elected and sworn debate, equally divided. Of course, if could, as has been done here, retro- would be required in order to waive the cloture is invoked, we will operate actively tax.’’ I do not believe the Sen- requirements of this amendment, under under the rule. ator would have made that statement such dire extremities, and could not do Mr. HATCH. Will the Senator be will- without having given it long and seri- so by a simple majority vote. ing, if our side takes only 15 minutes, ous thought. So the question that nat- May I say, for the information of the to reduce that time to an hour? He urally occurred to me today, again, is Senate, I have an amendment which is would almost have the same amount of would the Senator be willing, in that at the desk. time as 2 hours equally divided. It situation, to vote for a retroactive tax? I would be willing to agree to a vote would be 15 minutes less. But I would We are talking about a fiscal year or on that amendment on the day that the be 45 minutes less.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2803 Mr. BYRD. The Senator is most gen- as though we had full debate, even with Mr. SARBANES. I was just seeing a erous. the limited amount of time we have al- way where you could get where you Mr. HATCH. I have tried. What I am located to ourselves, and we felt as if want to go. trying to do with my dear colleague is we made the case enough. But so far, Mr. HATCH. Anything that will move get moving on the amendment process, we have been successful in tabling mo- the debate forward I am happy to try face whatever we have to face on this tions. to do. In any event, we will have to see amendment, and try to bring this mat- One last thing. Every amendment what the majority leader wants to do ter to a close sometime within the near that has been brought forth has been a next Wednesday. We have that cloture future so that we can alleviate delays significant amendment, in my eyes. vote, and I am not sure when he is as much as possible. We are willing. As I have wondered why some were going to have that cloture vote; I am the Senator from West Virginia can brought forth, perhaps, but I still hope not aware. But we will have to put in a see, we have been willing to take very that they are substantively significant quorum call and decide. I understand little time on our side and allow plenty amendments. We cannot constitu- the Senator’s request, that he would of time on the opposite side of this tionally answer some of them in less like to bring up one of two amend- issue as an accommodation to try to time than it takes for others. We are ments—— move things along. hopeful that on the amendment that Mr. BYRD. At this point. Mr. BYRD. Mr. President, accom- we believe the Senator will call up be- Mr. HATCH. Could the Senator in- modations do not matter to this Sen- fore the end of today we can shorten form us what the other amendment is? ator—— the time. If the Senator wants 2 hours I believe you said it is No. 252. Mr. HATCH. I understand that. It is equally divided, I am not sure that the Mr. BYRD. I said it pertained to sec- just a request. majority leader would not grant him tion 5. That has been discussed all Mr. BYRD. —when it comes to that. But I am trying to accommodate afternoon here. amending the Constitution. There is the Senate and accommodate the oppo- Mr. HATCH. I thought you men- probably too much accommodation nents so they can bring up their tioned there might be two amendments around here, in any event. But, never- amendments and yet still make sure and you would make your choice be- theless, it is characteristic of the dis- that the record is made constitu- tween the two. tinguished Senator to want to accom- tionally on these important issues. Mr. BYRD. I mentioned amendment modate. I add that the distinguished Senator No. 252 and an amendment No. 256. What I was amused about was the from West Virginia always brings up Amendment No. 256 deals with section offer to let the proponents of my important, substantive issues that are 5. I believe I have 7 or 8 or 9 or 10 amendment have 1 hour of debate and important not only to himself but to amendments at the desk. the opponents have 15 minutes. That is others as well, and they are certainly Mr. HATCH. You would choose an indication to me that there is not important to me. I admire and appre- whichever one you want, but there much serious thought being given to ciate his desire to at all times uphold would be no amendments to the amend- my amendment. It is going to suffer the Constitution and at all times do ment in order by either side? the same fate as have other amend- what is right, in his view, under the Mr. BYRD. Well, if cloture is in- ments around here—that they have Constitution. That is all we are trying voked, I suppose if I were able to qual- been debated a little bit, and a motion to do here—to do what is right. ify, or if other Senators were able to to table is then made. They are not ac- We have spent 14 days of full Senate qualify, they could have second-degree corded serious debate. floor time, and compared to other bal- amendments at the desk. Mr. HATCH. Will the Senator yield anced budget amendment debates, we Mr. HATCH. Unless we agree to a on that? have had far less amendments. So we time agreement with those terms. That Mr. BYRD. I am not directing this at have given adequate time to these is what I am asking. the Senator. I am simply saying that it amendments, and we have spent far Mr. BYRD. I am not quarreling with says something about the debate on more time than on prior amendments. the hour that I am to be given. I have this constitutional amendment. But we cannot be governed just by had a good bit of time this afternoon. Mr. HATCH. Will the Senator yield? prior debates. I am happy to spend But I think it is indicative of the lack Mr. BYRD. Yes. whatever time it takes. I am sure the of interest on the part of the pro- Mr. HATCH. No, it does not, because Senator understands the majority lead- ponents in seriously trying to improve the amendment the Senator is going to er is asking me to try to move it along the constitutional amendment that is call up we are fully cognizant of. We as fast as I can. before the Senate when they say, well, spent a lot of time analyzing it. We be- Mr. BYRD. Let me say—— we will take 15 minutes, you can have lieve we can answer it in a reasonable Mr. HATCH. I am trying to accom- your hour. I know what is going to hap- period of time. I feel we can answer it modate the Senator. I will have to ask pen; the amendment is going to be ta- in 15 minutes. If we cannot, I would be the majority leader. I felt like it was bled. That is certainly the right of the happy to—but I think we can. an attempt to accommodate by giving manager of the resolution, or the lead- On the second amendment, I do not the Senator most of the time, almost er, or any other Senator. know what amendment that would be. as much as he would get with 2 hours Mr. HATCH. Will the Senator yield? So we might have to grant some more equally divided, while we would try to Mr. BYRD. Yes. time on that. But our problem is not so make our arguments—as feeble as they Mr. HATCH. Surely, I do not believe much that we do not want to give might be—in a shorter time. the Senator is suggesting that I am not enough time on this. We have been giv- Mr. SARBANES. Why could the Sen- taking his amendment seriously or ing hours and hours. We have given. It ator not—if the request was 2 hours that I have not taken any amendment is now 14 days of Senate floor time; equally divided and the Senator’s sug- seriously, is he? I have taken them all long hours. I am not complaining. I am gestion is that the Senator from West extremely seriously. This is the Con- willing to be here as long as the distin- Virginia have 1 hour and he have 15 stitution we are working on and no- guished Senator wants to debate any of minutes, why would the Senator not body takes it more seriously than the these issues. But we have spent 14 days, agree to the 2 hours and not use all his distinguished Senator from West Vir- which is 3 more than was spent on any time if it was not necessary in the de- ginia, unless it is the Senator from balanced budget amendment in history. bate? I mean, give the Senator from Utah. I would not claim to take it Like I say, I am willing to spend West Virginia time to debate at the more seriously than the Senator, but I more, but it is to accommodate my col- time, and you might discover on that do not think anybody takes it more se- leagues who are on the other side of occasion that you might need more riously than either of us. I will try to this issue. So it is not a matter of giv- than 15 minutes. You can always yield do my best to answer. ing a short shrift. We believe some of back your time. Mr. SARBANES. If the Senator will the amendments in the past have not Mr. HATCH. This is not a demand. yield, can I be included in that duo, to deserved a lot of consideration from a This is a suggestion. If the Senator make it a trio of people who take the constitutional standpoint. And we felt from West Virginia does not agree—— Constitution seriously?

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2804 CONGRESSIONAL RECORD — SENATE February 16, 1995 Mr. HATCH. We just do not feel that RECORD that the distinguished Senator tional amendment. Why, any town people on the east coast—I am kidding. from Utah talks about this amendment council in this country would spend 2 Yes. that is presently before the Senate as days in determining whether or not it Mr. SARBANES. Let us make it a having had 14 days of debate. should issue a permit to build a golf trio. Mr. HATCH. Will the Senator yield, course. Mr. HATCH. Let us make it 100 of us. and I will make a unanimous consent Two days to amend the Constitution. We are all serious. The fact of the mat- request on the Senator’s request, if it I will not say any more than that ter is let us see what we can do to get is all right? now. Senator DOLE to resolve this. Mr. BYRD. On the request that we I ask unanimous consent that I may Will the Senator yield for a unani- have been discussing, yes. yield to the distinguished Senator from mous-consent request? f Rhode Island. He has an ambassador Mr. BYRD. Yes. waiting on him in his office. I under- UNANIMOUS CONSENT stand he wishes 10 minutes. f AGREEMENT Mr. PELL. Thank you very much. PROVIDING FOR AN ADJOURN- Mr. HATCH. Mr. President, I ask Mr. HATCH. Reserving the right to MENT OF THE TWO HOUSES— unanimous consent that the time prior object, would the distinguished Sen- HOUSE CONCURRENT RESOLU- to a motion to table amendment No. ator allow me just a few seconds to just TION 30 252, the Byrd amendment, be limited to make a closing comment on what the distinguished Senator just said? Mr. HATCH. Mr. President, I ask 2 hours to be equally divided, and that Yes, they did spend over 100 days to unanimous consent that the Senate no amendments be in order prior to the arrive at the full Constitution, without temporarily lay aside the pending busi- motion to table. As I understood it, the the Bill of Rights. And we have spent ness and turn to the consideration of Senator wanted it after the cloture 19 years working on this amendment. House Concurrent Resolution Res 30, vote? Mr. BYRD. Yes. Would the Senator This amendment is virtually the same the adjournment resolution. provide for the alternative of amend- as we brought up in 1982, 1986, and last The PRESIDING OFFICER. Is there ment No. 256, either/or? year. We have had weeks of debate on objection to the immediate consider- Mr. HATCH. Could the Senator give this amendment. It is a bipartisan ation of the concurrent resolution? me a copy of amendment No. 256? amendment. It has been developed in There being no objection, the Senate Mr. BYRD. I ask that the clerk state, consultation between Democrats and proceeded to consider the concurrent for the edification of the Senate, Republicans in the House and in the resolution. amendment No. 256. Senate. It has had a lot of deliberation, Mr. HATCH. Mr. President, I ask The PRESIDING OFFICER (Mr. consideration, negotiation, and debate unanimous consent that concurrent SMITH). The clerk will report the on the floor. resolution be agreed to and that the amendment for the information of the Admittedly, I am sure the distin- motion to reconsider be laid upon the Senate. guished Senator from West Virginia table. The assistant legislative clerk read would agree that the constitutional The PRESIDING OFFICER. Without as follows: convention did not debate this on the objection, it is so ordered. floor of the Senate at the time, nor So the concurrent resolution (H. Con. Amendment 256: On page 2, lines 24 and 25, strike ‘‘adopted by a majority of the whole would it have taken that much time Res. 30) was agreed to; as follows: number of each House.’’ had there been a debate on the floor of H. CON. RES. 30 Mr. HATCH. Would the Senator agree the Senate. But be that as it may, if it Resolved by the House of Representatives (the to bring up the amendment and have had, we are living today with an Senate concurring), That when the House ad- the 2 hours, if there are two cloture amendment that is one amendment to journs on the legislative day of Thursday, the whole Constitution that, if adopt- February 16, 1995, it stand adjourned until votes, after the second cloture vote, if 12:30 p.m. on Tuesday, February 21, 1995, or necessary? ed, would become the 28th amendment until noon on the second day after Members Mr. BYRD. Yes. I have no desire to to the Constitution. are notified to reassemble pursuant to sec- interfere with cloture votes. We have spent 14 days on the floor. I tion 2 of this concurrent resolution, which- Mr. HATCH. Then let us add either am willing to spend more. I am not ever occurs first; and that when the Senate No. 252 or No. 256 to the request. The complaining, and I do want to have a recesses or adjourns at the close of business Senator will have his choice on amend- full and fair debate, but I also believe on Thursday, February 16, 1995, pursuant to a ments. that we are reaching a point where motion made by the Majority Leader or his Mr. BYRD. Yes. there is deliberate delay here, not by designee, in accordance with this resolution, it stand recessed or adjourned until noon, or The PRESIDING OFFICER. Is there the distinguished Senator from West at such time on that day as may be specified objection? Without objection, it is so Virginia necessarily, but I believe rea- by the Majority Leader or his designee in the ordered. sonable people can conclude that there motion to recess or adjourn, on Wednesday, Mr. BYRD. I thank the distinguished is a desire to delay this amendment for February 22, 1995, or until noon on the sec- Senator. whatever purpose that may be and that ond day after Members are notified to reas- May I say briefly that I want to yield is the right of Senators if they want to semble pursuant to section 2 of this concur- to Senator PELL for 10 minutes and do it. rent resolution, whichever occurs first. then I am going to yield the floor. The majority leader has filed a clo- SEC. 2. The Speaker of the House and the The distinguished Senator from Majority Leader of the Senate, acting jointly ture motion which we voted on today. after consultation with the Minority Leader Utah—and he is a distinguished Sen- We had 57 Senators who wanted to end of the House and the Minority Leader of the ator—has talked about the 14 days that this debate and make all matters ger- Senate, shall notify the Members of the we have spent on this constitutional mane from this point on. Next Wednes- House and Senate, respectively, to reassem- amendment. Well, so what? The con- day, we will vote on cloture again. And ble whenever, in their opinion, the public in- stitutional Framers spent 116 days—116 if there are 60 Senators who vote for terest shall warrant it. days in closed session at the Constitu- cloture, then that will bring a large f tional Convention—116 days. And now part of this debate to a closure. we have spent, the Senator said, 14 I think I would be remiss if I did not BALANCED BUDGET AMENDMENT days. So what? What is 14 days as be- say, on behalf of the majority leader TO THE CONSTITUTION tween us Senators, 14 days to amend and others on our side who are working The Senate continued with the con- the Constitution in a way which can hard to move this amendment, that we sideration of the joint resolution. destroy the separation of powers and believe that is a reasonable period of Mr. HATCH. I ask that the Senate re- checks and balances—14 days. time and we believe that every person sume the pending bill. The other body spent all of 2 days on here has had a chance to bring up their Mr. BYRD. While the distinguished this constitutional amendment. I be- amendments. Senator is making an inquiry of the lieve that is right, 2 days. What a joke! We tried to get to an amendment up majority leader, let me just say for the Two days in adopting this constitu- last night. We were willing to work

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2805 later. We could not get one person to thought there was a deliberate effort to I want to see this come to an end. It put up an amendment. delay. is going to come to an end. I will have So we have reached a point where we Mr. HATCH. I said not by the distin- no more to say unless the Senator can go along with more amendments. guished Senator from West Virginia. I wants to carry on this bit of subject But once cloture is invoked then only would not impute that to you and I matter further. those that are germane will be consid- hope that is not the case. Mr. HATCH. Mr. President, I appre- ered and then only for a limited period But I do not think many reasonable ciate my colleague offering that oppor- of time. people would conclude that we have tunity. All I have to say is that the But I just want to make the record not given an extensive amount of time rules today are considerably different straight that this is not a rewriting of to this debate. And I think people than they were during the civil rights the whole Constitution, although it is might conclude that now that we have debates when they went 103 days. Clo- important and it will have a dramatic gone through one cloture vote that ture can be invoked. There is no such imprint and impact on how we spend there may be a desire of some here to thing as a postcloture filibuster today. delay this matter from a filibuster and how we tax in America from that Mr. BYRD. There could be. point on if this amendment is passed standpoint. I hope that is not true. But that is the way it looks to me. Mr. HATCH. But a lot different from through both Houses of Congress by the the old days. requisite two-thirds vote and ratified I admit that I am not nearly as expe- Mr. BYRD. Does the Senator know by three-quarters of the States. It is rienced here as the distinguished Sen- why it is different? Because I, as ma- very important. Those who are for it ator from West Virginia, but I have jority leader, laid down certain points are very concerned about it and those been here 19 years and I have observed. of order that were upheld by the then who are opposed are rightly very con- I can remember the majority leader, Presiding Officer, and we established cerned about it. Senator Mitchell, calling filibusters precedents that make it much more We have had a very healthy debate. filibusters in less than a day. And here difficult to carry on a postcloture fili- We intend to continue as long as is nec- we have had 14 days, so it is 3 solid buster. essary to bring this matter to closure. weeks of Senate debate on this, and ex- But I do not want anybody thinking tensive amendments, although not as Mr. HATCH. How well aware I am, that anybody has been cut off here or many as the 1982, where there were 31 and I compliment the distinguished that anybody has been mistreated or amendments. But we did that in 11 Senator from West Virginia for his that anybody has not been given their days. I think people could reasonably knowledge of the rules. chance to bring up amendments, be- conclude that there is a filibuster Mr. BYRD. I thank the Senator for cause they have. We have tabled those going on. that compliment. I hope I have a little Mr. BYRD. Mr. President, I disagree amendments. We feel that that is cer- knowledge of a few things other than with that statement. tainly within our right to do that. We just the rules of the Senate. The Senator from Utah was not here Mr. HATCH. I have to confess that I have tried to treat every amendment during the debate on the Civil Rights with the dignity and the prestige that think the distinguished Senator is a Act, which lasted 103 days, covered a fine Senator, a great Senator. it deserves. total of 103 days between the date of I know that he knows the rules very Finally, I would like to encourage the motion to proceed on March 9, 1964, well and I think he knows the Con- my colleagues next Wednesday to vote and the date on which the final vote stitution quite well, although I do for cloture. Because we all know where occurred on the civil rights bill on think earlier in the day he said there it stands. We all know the arguments June 19. March 9, June 19th—103 days were no amendments dealing with the on both sides. This is not just 14 days. transpired. The Senate was on the bill economy. Since I have been here, we are in our itself 77 days and debated the bill 57 19th year debating this matter, in the days in which there were included six Mr. BYRD. No, no. I said no amend- Judiciary Committee now four times Saturdays. ments dealing with fiscal policy. and stopped a number of other times in The Senator implies that there may Mr. HATCH. I believe the contract the Judiciary Committee before we be a deliberate effort here to delay this laws, I believe the 16th amendment do could even get it to the floor. measure. Nobody has engaged, that I deal with fiscal policy. So this is not an unusual situation. know of, in obstructionist tactics. Mr. BYRD. It does not attempt to We actually have worked hard. Every- Imagine what one could do if he wanted write fiscal policy, fiscal theory, about body here knows what is involved in to. There have been no dilatory which Justice Oliver Wendell Holmes this amendment. Everybody here quorum calls. There have been no dila- said there is no place in the Constitu- knows the arguments against it. And tory motions to reconsider, and the tion for fiscal theory. everybody here knows that we voted on asking for the yeas and nays on a mo- Mr. HATCH. I agree with that, if you some very substantial and very impor- tion to reconsider, and then put in a consider that fiscal policy. tant amendments thus far, and those quorum call and send for the Sergeant Mr. BYRD. I consider this amend- who are in a bipartisan way thus far at Arms and have the Sergeant at ment which, by the way, I think con- have been successful in maintaining Arms arrest Members, as I had to do. tains about 465 words. the integrity of the House-passed Nothing dilatory has been done. Mr. HATCH. It does. amendment; I might add just one more Nobody has objected to any time lim- Mr. BYRD. The entire first 10 amend- time, a House-passed amendment for its on amendments. Not one objection ments in the Bill of Rights contain the first time in the history of this that I know about. I have had every only about 385 words. This amendment country. And I have to say that is his- amendment that has been called up alone contains about 465 words. The en- toric. here and time request that has been tire 10 amendments in the Bill of Now we have the opportunity of pass- brought to me, brought to me because Rights contained only around 385. ing it through here and submitting it I am a Senator. I have not objected to to the States. And those of us who sup- any such request. What I am saying is this nefarious port it hope that 38 States will ratify The majority leader has a right to amendment that is proposed here has it. We hope all 50 will, but at least 38, offer cloture motions. I think he has only about 80 fewer words than do the three-quarters. And if they do, then been fairly reasonable in this situation. 10 amendments to the Bill of Rights. this will become the 28th amendment He has not been pressing out here daily The 10 amendments contain, I think, to the Constitution. for action on this constitutional about 465 words, and this monstrosity But I just wanted to make those amendment. contains about 385. So there are only points. I am sorry I delayed the distin- I am not against Senator HATCH. I about 80 words difference. guished Senator from Rhode Island. am not against Senator DOLE. I am just My math may be off a little bit this Mr. BYRD. Mr. President, I do not against this amendment. Nobody has afternoon. I have not had any lunch, want to leave the record standing as attempted to deliberately delay this. and my feet are getting a little tired. the distinguished Senator from Utah Let me debunk that idea from any Sen- Mr. HATCH. I am happy to yield the has left it. I believe he indicated he ator’s mind. floor.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2806 CONGRESSIONAL RECORD — SENATE February 16, 1995 Mr. BYRD. Mr. President, I ask unan- the Framers intended that all other Now the House of Representatives has ap- imous consent that Mr. PELL be recog- business should be transacted by a ma- proved an amendment that would make a nized for 10 minutes, and that he be fol- jority. revolutionary change in the Madisonian sys- tem. It is call the Balanced Budget Amend- lowed by Senator MURRAY, not to ex- And since the Constitution gives the Vice President the power to break ties ment. A more honest name would be the Mi- ceed 5 minutes. nority Rule Amendment. I thank Senator HATCH for his gra- when the Senate is ‘‘equally divided,’’ The amendment does not prohibit unbal- cious manner and his characteristic Framers again evidenced a clear intent anced budgets. It requires, rather, that a de- friendliness and conviviality. He is a that business was to be transacted by a cision to spend more in any fiscal year than fine Senator. I enjoy working with majority. We carry forward that intent anticipated receipts be made by a vote of him. in the structural organization of Con- three-fifths of the whole House and Senate. The PRESIDING OFFICER. Without gress itself, whereby the party that The same vote would be required to increase objection, it is so ordered. controls 50 percent plus one seat as- the debt limit. sumes control. The result would be to transfer to minori- f ties effective control over many, perhaps The time may be coming when the MAJORITY RULE most, significant legislative decisions. For only way to prevent further violence to the impact would not be limited to the over- Mr. PELL. Mr. President, I rise in the Framers intent will be to enshrine all budget resolution. Most legislation that support of the amendment offered by this most basic principle of govern- comes before Congress bears a price tag. If a the distinguished and learned Senator ance—majority rule itself—as a con- bill would unbalance a budget, a three-fifths from West Virginia [Mr. BYRD] to stitutional provision. vote would be required to fund it. amend the proposed constitutional Mr. President, I offer these reflec- In short, a minority of just over 40 per- cent—175 of the 435 representatives, 41 of the amendment to allow a majority, rather tions today from the vantage point of 34 years service in this body. As I stat- 100 Senators—could block action. It takes no than a supermajority to determine great imagination to understand what is when a deficit can be incurred. ed here a few days ago, I have cast 327 likely to happen. Members of the blocking The concept of majority rule is so votes for cloture during those years, so minority will have enormous power to ex- deeply embedded in our society and in I am no stranger to the impact and tract concessions for their votes: a local almost every organized group pro- consequences of a supermajority re- pork project, a judgeship for a friend.*** ceeding—from fraternal and social quirement in the Senate. Just think about the debt-ceiling provi- groups to corporations large and small I would point out, in that regard, sion. Even with the best of intentions to stay that cloture by majority rule would in balance, the Government may find itself and government at the village, county, in deficit at any moment because tax re- city, and State level—that many Amer- not cancel out rule XXII of the Sen- ate—it would simply lower the margin ceipts are lagging. Then it will have to do icans might be very surprised to realize some short-term borrowing or be unable to the extent to which the Congress of the for invoking cloture to the threshold meet its obligations. Instead of a routine United States is sometimes ruled by a envisioned by the Founding Fathers for vote for a temporary increase in the debt minority, and could become more so in the transaction of business. And we ceiling, there will be a session of painful bar- the future. should make no mistake about the fact gaining for favors. We have before us the balanced budg- that the rules of proceedings now have The amendment is also a full-employment measure for lawyers. Suppose the figures et amendment which contains not just such sweeping substantive effect that they do in fact constitute an important that produce a balanced budget are suspect, one but two supermajority require- or suppose the demand for balance is ig- ments—one requiring a three-fifths element in the business of the Senate. Mr. President, in the haste to fulfill nored. How would the amendment be en- vote of the entire membership of each forced? Sponsors say it would be up to the the expectations and promises of this House to permit outlays to exceed re- courts. So this proposal, labeled conserv- new Congress, many of which are of ceipts and the other a three-fifths vote ative, would turn intensely political issues great merit, we must take special care of the entire membership of each House over to judges! to preserve basic principles of our de- It is in fact a radical idea, one that would to increase the public debt limit. mocracy which may be brushed aside in subvert majority rule and turn the fiscal de- And we may soon have before us a the rush to reform. The principle of bates that are the business of democratic line-item veto proposal which would majority rule is the basic cornerstone legislatures into constitutional and legal ar- subject congressional disapproval of a of the edifice, whether it applies to guments. How did a conservative polity like rescission to a two-thirds super- ours ever get near the point of taking such a rules of proceedings or the substance of majority veto override, as opposed to step? legislation. It must be preserved and an alternative plan under would a sim- The answer is plain. The enormous Federal protected from all assaults. Perhaps ple majority could block a rescission. budget deficits that began in the Reagan the time is coming when it too should years have frightened us—all of us, conserv- If approved, these supermajority re- be enshrined in the Constitution. ative and liberal. We do not want our chil- quirements would join others already I ask unanimous consent that three dren and grandchildren to have to pay for in place: the Senate cloture rule, the articles entitled ‘‘The Three-Fifths our profligacy. We are not strong-minded new rule of the House of Representa- Rule: A Dangerous Game’’ by David enough to resist deficit temptation, so we tives on votes of that body to raise in- are going to bind ourselves as Ulysses did to Broder, ‘‘Super-Majority Simple-Mind- come taxes, and the statutory super- resist the lure of the Sirens. edness’’ by Lloyd N. Cutler, and ‘‘On majority requirement for waiving The binding would introduce dangerous Madison’s Grave’’ by Anthony Lewis, points of order under the Balanced economic rigidities into our system. In times be printed in the RECORD. of recession government should run a deficit, Budget and Emergency Deficit Control There being no objection, the articles to stimulate the economy. But the amend- Act of 1985, better known as Gramm- are ordered to be printed in the ment would force spending cuts because of Rudman-Hollings. RECORD, as follows: declining tax receipts, digging us deeper into Mr. President, these flirtations with the recession. [From the New York Times, Jan. 30, 1995] supermajorities are leading us astray The rigidities of the amendment would ON MADISON’S GRAVE from the apparent intent of the wise also inflict pain on millions of Americans. (By Anthony Lewis) men who wrote the Constitution two The target year for balancing the budget, BOSTON.—‘‘Miracle at Philadelphia,’’ Cath- centuries ago. For them the principle 2002, could not be met without savage cuts in erine Drinker Bowen called her book on the middle-class entitlements such as Social Se- of majority rule was so self-evident Constitutional Convention of 1787. And it curity and Medicare. that they apparently saw no need to was a political miracle. The delegates pro- ‘‘It’s a bad idea whose time has come,’’ state it explicitly. duced a document that has ordered a huge Senator Nancy L. Kassebaum, Republican of Since the Constitution provides for country for 200 years, balancing state and Kansas, said. ‘‘It’s like Prohibition; we may supermajorities only in specific in- nation, government power and individual have to do it to get it our of our system.’’ stances—such as overriding vetoes, rights. If someone as sensible as Nancy Kasse- Senate consent to treaties, Senate ver- The Constitution has been amended 27 baum can succumb to such counsels of de- times. Some of the changes have been pro- spair, we have truly lost Madison’s faith in dicts on impeachment, expulsion of found: the Bill of Rights, the end of slavery. representative government. Madison knew Members, determination of Presi- But none has altered the fundamental struc- that majorities can go wrong; that is why he dential disability and amending the ture, the republican systems designed by and his colleagues put so many protections Constitution itself—it seems clear that James Madison and the others. Until now. against tyranny in their Constitution. But

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2807 they also left government the flexibility to Except in these cases, the Framers were XXI, one that would prevent the House from govern. against allowing a minority of either house even considering any measure that would Their design, the miracle that has sus- to block legislative action. That is the rea- retroactively increase tax rates, even if tained us for 200 years, is now at risk. son why Article I, Section 5, states that ‘‘a three-fifths of the members were in favor. Majority of each [house] shall constitute a This would deprive the House, and therefore SUPER-MAJORITY SIMPLE-MINDEDNESS quorum to do Business.’’ As James Madison the entire Congress, of its most fundamental (By Lloyd N. Cutler) explained, the Framers rejected a proposal express power under the Constitution, the The Republican majority has proposed that a super-majority be required for a power to lay and collect revenues including amending House Rule XXI to require the af- quorum because: ‘‘In all cases where justice taxes on income. It would also have the ef- firmative vote of three-fifths of the members or the general good might require new laws fect of overruling the numerous Supreme present to pass a bill ‘‘carrying a federal in- to be passed, or active measures to be pur- Court decisions upholding the constitu- come tax rate increase.’’ If all 435 members sued, the fundamental principle of free gov- tionality of retroactive tax laws, subject show up, 261 votes would be needed for pas- ernment would be reversed. It would be no only to a due-process standard. sage. As Post columnist David Broder and longer the majority that would rule: the Both of these proposed rules changes are so Rep. David Skaggs (D-Colo.) have already ob- power would be transferred to the minority.’’ manifestly unconstitutional that they served, such a rule would be unconstitu- (The Federalist Papers, No. 58.) should not be adopted. If the Republicans use The vote of the House on whether to pass tional. Even if it were constitutional, it their majority to adopt them anyway, the a bill is certainly the doing of ‘‘Business.’’ would still be unworkable. courts would have ample reason to set them It would be unworkable because tax bills And contrary to the Framers’ intent, a aside. usually contain multiple provisions reducing super-majority requirement would certainly some rates of tax, increasing other rates and give a minority the power to rule over such [From The Washington Post, Dec. 18, 1994] adjusting the base numbers—e.g., wages, business. THE THREE-FIFTHS RULE: A DANGEROUS GAME Another constitutional provision confirms profits and capital gains less various credits, (By David S. Broder) this understanding of the Framers. Article I, exemptions and deductions—to which these Section 3, states that the vice president shall Among many useful and well-designed re- rates are applied. Almost every two-year be the president of the Senate, ‘‘but shall forms proposed by the new Republican ma- Congress enacts major tax revision laws to have no vote unless they be equally divided.’’ jority in the House, one suggested change be- close loopholes, correct inequities, adjust The Framers must have intended that in the speaks neither confidence nor foresight. It is rates, hold down the budget deficit and man- Senate at least, a simple majority was suffi- the proposal that future income tax rate in- age the economy for noninflationary growth. cient to pass a bill. The Federalist Papers creases would require a three-fifths vote for If the rules are changed to require a three- strongly support this view. According to passage. fifths affirmative vote, it may not be prac- Hamilton, the vice president was given the The purpose is plainly to make it harder ticable to pass any major tax bill. Any such tie-breaking vote in the Senate ‘‘to secure at for Congress to boost taxes. Since revenue bill is bound to contain some provisions that all times the possibility of a definitive reso- measures must originate in the House of can be called tax rate increases. What about lution of that body.’’ (Federalist No. 68.) Representatives, the three-fifths, rule would a tax bill that reduces rates for incomes There is no logical reason why the Framers hamper future majorities in both the House below, say, $200,000 and raises rates for in- would have thought differently about the and Senate from enacting such measures. comes above that figure? What about tax bill House. And a ‘‘definitive resolution’’ of the Some question the constitutional pro- provisions eliminating charitable or home House could not be ‘‘secured’’ under the pro- priety of such a rule. Rep. David Skaggs (D– mortgage interest deductions, or reducing posed three-fifths rule. Colo.) has circulated a letter to his col- the allowed exemptions for dependents or Proponents of a super-majority require- leagues arguing that ‘‘the principle of major- lengthening the required holding period for ment will make two points in rebuttal. One ity rule has governed this nation for over long-term capital gains? Any one of these is to say that they are following a precedent two centuries and is fundamental to our de- would have the same effect on many tax- of Senate Rule XXII, which has long required mocracy.’’ Skaggs asserts that the three- payers as an increase in income tax rates. As super-majority votes to close debate and pro- fifths rule is unconstitutional. Bruce Acker- a result, the proposed three-fifths require- ceed to a vote on a bill or an amendment of man, a professor of law and political science ment could well apply to any major income a Senate rule. As I have argued on a previous at Yale, has expressed the same view in a tax revision bill that follows adoption of the occasion, Rule XXII itself is constitutionally New York Times op-ed article. Common proposed rules change. suspect. But even if Rule XXII passed con- Cause and congressional scholar Norman Let us suppose that a stubborn minority of stitutional muster, that would not save the Ornstein also have taken up that side of the 175 members will be mustered to prevent a proposed House rule. It applies to the up-or- argument. three-fifths majority and thus defeat any bill down vote on a bill, while Senate Rule XXII, Others disagree, Rep. Jerry Solomon (R– including some income tax increases. Let us as its defenders take pains to point out, ap- N.Y.), who will be the new chairman of the also suppose that a simple majority (218 if all plies only to a procedural motion to close de- Rules Committee, argues that when the Con- 435 are present) will vote against an amend- bate on a bill. Here is arch-defender George stitution says that ‘‘each house [of Congress] ment that eliminates any such increase. Will, writing on this page in April 1993: may determine the rules of its proceedings,’’ There is still a budget deficit to contend ‘‘The Constitution provides only that, the authority is intentionally broad. Law- with, and 218 members may think that a other than in the five cases, a simple major- yers and experts inside congress and out, to broad reduction in income tax rates should ity vote shall decide the disposition by each whom I put the question, say it would be dif- be at least partially offset by some tax in- house of business that has consequences be- ficult to predict how the courts would regard creases. In that event, no major tax bill yond each house, such as passing legislation such a rule—or even whether they would ac- could be passed at all, and the government or confirming executive or judicial nomi- cept jurisdiction if its constitutionality were would be unable to make needed changes in nees.’’ challenged. national fiscal policy. Will Newt Gingrich flout George Will? The experts I consulted agree that there is With the House floor debate on the pro- The proponents’ second point will be that no precedent for Congress requiring a super- posal about to begin, it may also be useful to the Gramm-Rudman-Hollings Act includes majority for final action on any measure, ex- spell out the main reasons why a super-ma- Senate and House rules changes that require cept where specified by the Constitution. jority requirement for the vote on passage of a super-majority to pass any bill that The Constitution says it takes a two-thirds a bill is unconstitutional. In United States v. ‘‘breaks’’ a budget law or resolution pre- majority to override a presidential veto, rat- Ballin, decided a century ago, the Supreme viously enacted. This provision is also con- ify a treaty, remove an official from office, Court said that a simple majority governs stitutionally suspect, but at least it lacks expel a representative or senator or propose ‘‘all parliamentary bodies,’’ except when the the critical vice of making it impossible to an amendment to the Constitution. basic charter requires some form of super- enact any budget resolution in the first The other instances in which Congress majority, which our Constitution does in five place. This still requires only a simple ma- itself has required more than a majority for cases (plus two added by subsequent amend- jority. some action all involve procedural matters. ments) and no others. The seven exceptions The biggest question of all is why a major- The House requires a two-thirds vote to sus- are: the overriding of a presidential veto, the ity party with 230 of the 435 seats would want pend the rules and pass a measure without Senate’s consent to a treaty, the Senate’s to adopt a super-majority rule requiring 261 delay; the Senate requires a three-fifths vote verdict on an impeachment, the expulsion of votes to pass a tax bill. Such a rule could to impose cloture or end debate. In the last a senator or congressman, an amendment of prevent the Republicans from passing a decade, budget resolutions have required a the Constitution, the 14th Amendment vote major tax bill favored by a simple majority three-fifths vote to override a point of order on removing the disqualification for office of it could readily muster, even though it against any change that would increase the participants in a rebellion and the 25th might be unable to muster a super-majority deficit beyond the agreed-upon target for the Amendment vote on whether to allow a dis- of 261. One is tempted to conclude that the year. This is a procedural motion, but it abled president to resume his office. All of present majority party does not expect to clearly affects the substance of economic these are special cases, not involving the keep its majority for very long. policy decisions, and sponsors of the new mere passage of a bill or resolution for pres- The Republicans have also proposed an House rule claim it as a model for their pro- entation to the president. even more egregious change in House Rule posal.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2808 CONGRESSIONAL RECORD — SENATE February 16, 1995 But abandoning the principle of majority Yesterday, I had the pleasure of who knows anything about budgetary rule on final passage of a bill is not some- meeting with Dr. Foster, and I am very policy in the Federal Government. thing the House should do lightly—or rest on impressed. Do not think the people are stupid a questionable precedent. If the three-fifths Dr. Foster is a physician with vast out there. They know what is going on. rule is intended as a safeguard against rash tax-raising by this incoming Congress, it experience who has dedicated his life to They know doggone well that if we do seems unnecessary. Republicans will have a maternal and child health. He is a man not have this balanced budget amend- 25-seat majority in January and they have who speaks from the heart, a person ment, we will never get fiscal control promised tax cuts, not increases. The presi- who cares deeply about the health of of this country, we will never make dent has joined them and so has the leader of families across this Nation. priority choices among competing pro- House Democrats, Rep. Richard Gephardt Dr. Foster is one of the country’s grams, and we will just keep spending (Mo.). So where is the threat? leading experts on preventing teen and taxing like never before. Fiddling with the rules always arouses sus- pregnancy and drug abuse, as well as I have heard Senators on the other picion. Two years ago, when the majority side of this issue, and some who even Democrats changed the rules to allow the reducing infant mortality. He is a pub- delegates from the District of Columbia, lic health professional with vision. support us, beat their breast on how American Samoa, Guam and the Virgin Is- I urge my colleagues to meet with they voted for that large tax increase lands and the resident commissioner from Dr. Foster, to talk with him, to ask last year, and that deficit spending Puerto Rico (all Democrats) to vote on the him tough questions. I have. I believe thing they did. Anytime you increase House floor on everything but final passage they too will be very impressed. taxes, if you can hold on to spending at of bills, I said they were tampering with the Dr. Foster has tested his ideas about all, you are going to bring down the game. Such criticism forced the Democrats public health interventions that can budget deficit. The problem is that at to agree that there would be another vote— greatly benefit this Nation. He wants best, their approach starts up dramati- without the five delegates—on any issue where their votes decided the outcome. The to continue his career-long focus on cally in 1996 and really dramatically at federal courts upheld that version of their maternal and child health, on adoles- the turn of the century to a $400 billion rule, saying that the change the Democrats cents, and the on prevention of teen annual deficit. had made was merely ‘‘symbolic’’ and essen- pregnancy. He wants to fight AIDS, These people are always saying we tially ‘‘meaningless.’’ and combat the epidemic of violence just have to do it. They are the same That cannot be said of the proposed three- that has taken hold across our Nation. people who say we could do it with the fifths rule. It is consequential—and unprinci- I also want to stress the importance Budget and Accounting Act of 1921, the pled. The Republicans themselves juggled and relevance of Dr. Foster’s practice Revenue Act of 1964, the Revenue Act the wording to create loopholes for shifting other tax rates by simple majority. area. For far too long, women’s health of 1968, Humphrey-Hawkins in 1978, the The precedent they will set is one they will concerns have been neglected by this Byrd amendment in 1978. I was here for come to regret. If this Congress puts a rules Nation. I am heartened that our next most of those. From 1978 on, I was cer- roadblock around changes in income rates, Surgeon General can be a physician tainly here, and I have to tell you, I nothing will prevent future Congresses with who has dedicated his life to women’s voted for that Byrd amendment and I different majorities from erecting similar health—an obstetrician/gynecologist. was really thrilled. Here is the U.S. barriers to protect labor laws, civil rights Women’s health is critical to every Senate, this august body of people who laws, environmental laws—or whatever else family—every man, woman, and child— mean so much to this country, voting the party in power wants to put off-limits for political purposes. in this Nation. As a woman, and a to say that in 1980, we are going to bal- There is something fundamentally dis- mother with a son and daughter, I find ance this budget. quieting and even dishonorable about the the selection of Dr. Foster reassuring. I Back then, we probably could have if majority of the moment rewriting the rules urge my colleagues to stop and think we had really gotten serious about it. to allow a minority to control the House’s about the importance of women’s But it was almost the next bill that decisionmaking. You can easily imagine fu- health to families everywhere. came up that a 51 percent majority ture campaigns in which politicians will I look forward to working with my vote changed that. The distinguished promise that if they gain power, they will colleagues on the Labor Committee as Senator from New Hampshire really abolish majority rule on this issue or that— they prepare hearings for Dr. foster. I makes a great point here. a whole new venue for pandering to constitu- encies that can be mobilized around a single believe when my colleagues and the The debt limit increase, why, I was issue. American public get to know Dr. Fos- here for that, too. We promised, ‘‘Boy, This is a dangerous game the Republicans ter, they will be as excited as I am to we’re going to balance the budget.’’ are beginning. And it raises questions about have him as our Nation’s next Surgeon The Bretton Woods agreement; again, their values. Let them answer this question: General. You, too, will recognize his Byrd II; recodification of title 31; Byrd Why should it be harder for Congress to raise honesty, his passion, and his commit- III; Gramm–Rudman-Hollings, I re- taxes than declare war? Does this proud new ment to children and families. member what a fight that was to get Republican majority wish to say on its first I thank you and yield back the re- that through. My gosh, at last we are day in office: We value money more than going to do something for this country; lives? mainder of my time. f we are going to get spending under con- Mr. PELL. I yield the floor. trol; we are going to help our country. Mrs. MURRAY addressed the Chair. BALANCED BUDGET AMENDMENT It helped a little bit, darn little. The PRESIDING OFFICER. By a pre- TO THE CONSTITUTION We had to go to Gramm–Rudman- vious order of the Senate, the Senator The Senate continued with the con- Hollings II, II because the little it did from Washington is recognized for 5 sideration of the joint resolution. help was just too much for these people minutes. Mr. HATCH. Mr. President, we are around here, just too much for these Mrs. MURRAY. Mr. President, I ask now in our 14th day of debate. I was budget balancers who say we simply unanimous consent to speak as in very interested in the chart of the dis- ought to do it. morning business. tinguished Senator from New Hamp- Let me tell you, I am tired of saying The PRESIDING OFFICER. Without shire, ‘‘Statutes Don’t Work.’’ we simply ought to do it. I heard it objection, it is so ordered. I hear people on the other side con- from the White House. What do we get f stantly saying we ought to just do it; from the White House? A budget for we ought to just balance the budget; the next 5 years that will put us over $6 DR. HENRY FOSTER, SURGEON we ought to have the guts to do it. Al- trillion; that the annual deficits for the GENERAL NOMINEE most invariably they are the people next 12 years are $190 billion a year Mrs. MURRAY. Mr. President, Dr. who are the biggest spenders around plus. Henry Foster has been nominated by here. Almost invariably. Now tell me they mean business. No President Clinton to be the U.S. Sur- It is the biggest joke on Earth, after way in this world. This game is up. geon General. I rise today to express 26 straight years of not balancing the Those who vote for this are people who my support for Dr. Foster, and to urge budget, to have these people tell us, we are serious about doing something for my colleagues to give him a full and just have to do it ourselves. That is the our country, about getting spending fair hearing. biggest joke around here to everybody and taxing policies under control. I

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2809 said spending and taxing. We are not cuity and children born out of wedlock was none other than Ted KENNEDY, the just worried about spending, we are to the point where today in this coun- distinguished Senator from Massachu- worried about these people who think try in some cities there are more chil- setts, with six other very liberal Sen- the last answer to everything is to tax dren born out of wedlock than there ators. So there were seven liberals on the American people more. And any- are in. As a matter of fact, in some cit- the Democrat side. We had seven con- body who thinks that last tax policy ies in this country there are more kids servatives on my side, plus two liberal was just the upper 2 percent, they just aborted than there are kids that are Republicans whose hearts, in many have not looked at what they have born. And you wonder why we are los- ways, were with the liberal Democrats done. They even taxed Social Security. ing our moral fiber? You wonder why on the committee. People just do not realize because this country has problems? But we were challenged to cut back sometimes the big lie is told around We have a Tax Code that does not on the most liberal committee in the here so much that people cannot figure work. Everybody knows it. We all feel Senate’s jurisdiction, the most liberal out what is going on. That is why base- picked on. Most people in this country committee in the Senate. We were ball is the No. 1 issue in this country hate the IRS. Those are loyal, dedi- challenged to cut back on spending. We right now. I happen to know. I happen cated public servants just trying to en- went to work. We block granted in part to be in the middle of that one, too. force what is a ridiculous set of incom- six of the seven block grants. We But I have to tell you, as important as prehensible, massive laws. We can worked to refine and reform the thou- baseball is, it is not a fly, a flea on the make it simpler. We could put a lot of sands of programs that they had in backside of an elephant compared to the tax lawyers out of business and a that committee. We cut that commit- what this problem is. lot of the tax accountants out of busi- tee’s multibillions of dollars of budg- When we went to Gramm–Rudman- ness and get more revenues in the proc- etary jurisdiction by 25 percent in real Hollings II, that did not work, either. ess because people would feel more like terms over the 6 years I was chairman, It was a simple statute that we just paying them because they would be with all of those liberals on the com- amended and amended. treated fairly. mittee. And I have to give Senator We have done some things here. However, we will not do it because we KENNEDY and others a lot of credit for There are some heroes here to me on do not have a fiscal mechanism in the helping us to do it. They were willing both sides of the floor who are trying Constitution that requires us to do it, to work with us. They knew we had the to do their best. I do not mean to find or at least point us in the right direc- majority and they were fair. But we any fault with any individual Senator. tion. cut that jurisdiction 25 percent in real We all have our problems. But, by gosh, This Washington bureaucracy has terms over those 6 years. And if every the point I am making is, we are not grown every year. I get a kick out of other committee in the Congress had going to do it unless we have a fiscal some saying how much they are going done that, we would have had a $150 mechanism in the Constitution that re- to cut it back. It just goes on and on at billion surplus by the end of those 6 quires us to at least make priority tremendous cost, to the point where years. So I know what I am talking about. choices among competing programs be- welfare in this country, by the time we It can be done. And do you know what fore we spend this country into bank- get our tax dollars set aside for welfare else? Even though we cut the jurisdic- ruptcy. That is what this amendment to the people who need them, you have tion 25 percent in real terms, because will do. This chart is a beautiful illus- 28 percent of the dollar left, 28 cents on we went to work and reformed the sys- tration of why statutes do not work. a dollar because it is eaten up right tem, reformed those thousands of pro- They may work for a short period of here in the bureaucracy because we grams, we actually got more money to time, but sooner or later we are going will not do anything about it. We have more people in better ways than ever to spend us just blind again. these people standing around saying we before. You cannot tell me we could In fact, there are those who worry will do it; we have the guts to do it. not do with a good haircut of the Fed- even if we put the balanced budget into And invariably they are the very same eral Government today in all of these the Constitution, there will be some in people who are against this amend- programs. this body and certainly some in the ment. They do not want to do it. Almost all of them are well inten- other who will try to find every excuse Oh, I should not be so harsh. There tioned, almost all of them are well they can to get around it. are some who really do want to do it, meaning. The fact of the matter is that That is fine. But they are going to but they just do not have the capacity we are unwilling to do what needs to be have a rough time because a lot of us to do it, and I think we all know who done, and the reason we are is not be- are going to be here to make sure that they are. We have to get Washington cause we are awful people or we are not there are no ways of getting around it; put together. We have to restore the good people or that it is just Demo- that we have to face the problems of American dream and give our kids a crats or just Republicans. It is both of this country. And right now I have to chance. We have to give our grand- us. Frankly, it is because we do not say we are not facing them. As much as children a chance. have a fiscal mechanism that encour- people feel they are, we are not. We are If there is any big, bloated, amor- ages us to do it. with $200 billion deficits ad infinitum, phous mass I would like to put on a Now, this balanced budget amend- well into the next century, and we are diet, it would be this Federal budget, ment is that fiscal mechanism. It is selling our kids into bankruptcy. It and I think we would all be better off. not perfect. I have said it is not. There just makes me sick. We would have more money with which is nothing that is perfect in the eyes of Elaine and I have six children and 15 we would be able to do more things. We all 535 Members of Congress. There is grandchildren—the 15th is on its way, could expand businesses, have more no way you can do that. But it is as but I count that child as if it has been jobs, actually have more revenues if we perfect as we can get—worked on for a born. It is only a month or so away—15 just got incentives restored again. decade or more, about 14 years, by grandchildren. The fact of the matter I said early in the debate that the Democrats and Republicans. I know; I is every one of those kids is going to be Federal Government could really stand have been right in the middle of those saddled with irresponsible debt because being anorexic for a while. It would negotiations every step of the way. we keep fiddling while Rome is burn- probably do this country good. We And nobody in particular should be ing. Our balanced budget tracker post- could cut the fat, cut the waste, get rid able to take complete credit for it or er sure shows that. We are now up to of a lot of things that really do not blame for it. $15 billion in increased debt just in the work, and reform and improve those Mr. President, I have to tell you 18 days we have been on this amend- things that do. something. It is the hope of millions ment—18 days. Now, if people do not think I know out there in America, a high percent- We have runaway spending in this what I am talking about, when I be- age of people who may be with the bal- country. We have a destructive welfare came chairman of the Labor Com- anced budget amendment and we can system that is tearing the fabric of our mittee back in 1981, the youngest com- get this mess under control. country apart, our families apart, that mittee chairman in the history of a I just hope with everything I have encourages immorality and promis- major committee, my ranking member that we can get those 15 Democrats

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2810 CONGRESSIONAL RECORD — SENATE February 16, 1995 that we need to vote with us—15 out of ment with a three-fifths supermajority gresses. We now are not just talking 47. That is all we need. Go ahead, 32 of requirement for any tax increase. That about how to balance the budget, we you vote against it, but 15 of you we supermajority requirement was not in are now talking about writing into the need to pass this balanced budget fact included in the amendment sent to constitution, provisions which will de- amendment. That is all; 52 out of 53 Re- the Senate by the House in the form of termine whose ox will be gored as we publicans are going to vote for this. House Joint Resolution 1. However, proceed to balance the budget. In this That is really something. I think we those who put the Contract With context and with these ground rules in will get those 15, and we may even get America together have not abandoned place the people whose ox will be gored more. I am going to do everything in their commitment. are the working people—those who pay my power to see that we do so that we There are troubling indications that the most gas taxes, the social security have to face the music, so that we have the effort still goes forward not only to taxes, and those who pay excise taxes. to face reality, so that we have to un- reach a balanced budget, which we all What are the consequences that derstand more than ever before it is support, but to reach it in a particular would flow from the balanced budget time to quit selling the future of our way, and to reach it in a way that amendment in this new environment children and our grandchildren down shields certain Americans from sharing with this new change in the House the drain. I want them to have at least equitably in that pain. rules. close to the opportunities that our gen- I discussed at length yesterday the I believe we can predict 3 con- eration had when we were coming up House rule adopted before the balanced sequences from proceeding with the and not born in poverty. I just want budget amendment was sent to the amendment given percent ground- them to have the same chance. Senate—which requires three-fifths works. I notice the distinguished Senator supermajority vote to raise income tax First, with a three-fifths super- from New Mexico is here. I did not rates and income tax rates alone. majority requirement in place to raise mean to take so much time. I will be Under the House rule other taxes can income taxes it will be much more dif- happy to yield the floor. still be raised by a simple majority— ficult for us to reach the goal of a bal- The PRESIDING OFFICER (Mr. taxes that impact many of the people I anced budget by 2002. As I stated yes- BENNETT). The Senator from New represent most heavily—the working terday, almost all the experts who have Mexico. families of my State. looked at the issue seriously agree that Mr. BINGAMAN. Mr. President, I The gas tax, for example, the social a balanced budget will only be reached spoke yesterday about my concerns re- security tax, various excise taxes. In as other deficit reduction efforts have garding the context in which we find order for a bill to become law it must been achieved, with a combination of ourselves debating the constitutional pass in both houses. spending cuts and revenue increases. amendment to balance the budget this This House rule gives the minority in And with this provision in place those year. I would like to take a few min- the House a veto over efforts by either revenue increases will come from re- utes of the Senate’s time to elaborate house to use the income tax our most gressive taxes, rather than from the on those concerns and to announce how progressive tax to raise revenues for only progressive tax we have, the in- I will vote when this matter comes to deficit reduction. come tax. a vote, finally, next week. This rule undermines genuine efforts Second, if we do take steps to reach Mr. President, during the time I have at deficit reduction. The purpose of a balanced budget, with that super- served here in the Senate, from Janu- this rule is clearly to protect individ- majority for income tax increases in ary 1983 until the present, one of the uals and corporations in the upper tax place, most of the burden of deficit re- great shortcomings in our national pol- brackets and to regain any increases in duction will fall on working families icy has been our failure to pursue revenue to occur by increases in regres- who can least afford to carry that addi- sound fiscal policy. During the 1980’s sive taxes that affect middle income tional burden. and continuing now into the 1990’s the families most directly. And the third consequence is that Federal Government, each year, has I proposed yesterday to amend the States like my home State of New operated substantially in deficit. proposed constitutional amendment to Mexico with relatively low per capita During the last 12 years there have correct this problem—but unfortu- income will be those most badly hurt. been several serious efforts to deal nately my amendment was defeated. At this very time our State legisla- with that problem and I have supported So with that defeat, we are faced ture in Santa Fe is struggling with the each of those. The deficit reduction ef- with a proposed constitutional amend- question of a gasoline tax. A balanced forts in 1987, 1989, 1990, and 1993 have all ment being presented while the House budget amendment adopted, with the had my support. Those were deficit re- has in place a rule which makes it House Rule in effect protecting in- duction efforts under President Reagan clear that middle-income families will comes taxes from change, almost cer- and President Bush, and now under likely see their taxes raised to balance tainly insures that we in Washington President Clinton. the budget—but unlike that wealthy will be adding substantially to the gas If another serious deficit reduction individuals and corporations will share tax as one of the only available sources effort occurs, as I hope it will during in that sacrifice to the same extent. of revenue. The same can be said of So- this term of my service in the Senate, A second troubling indication that cial Security taxes and other regres- I expect to support that as well. I share the balanced budget amendment is seen sive taxes. the goal of most Americans to reach a by its proponents as a device to pursue Mr. President, if I represented a balanced budget at the earliest possible a political agenda to advantage certain wealthy State with many high income date. groups in our society—is the commit- taxpayers, I could see an argument for But the question we have to answer ment of the Republican leadership in why I should vote for the amendment— is: Will the passage of this amendment the House to bring the proposed con- in spite of the House rule. But my in the context it is presented today ad- stitutional provillion four three-fifths State is not wealthy and we have very vance our prospects for achieving supermajority requirement for tax in- few taxpayers who will be treated fair- sound and fair fiscal policy, or retard creases to the House floor for a vote ly under this new set of ground rules. those prospects? prior to April 15 of next year. CONCLUSION As I stated yesterday, the amend- And in fact yesterday there was a Mr. President when the final vote is ment comes to us in a very politicized colloquy here on the Senate floor called on the balanced budget amend- environment where many of its pro- where the Senator from Utah agreed to ment next week I will vote ‘‘no.’’ ponents clearly see the amendment as proceed here in the Senate with hear- I will do so because I believe we a way to advance their political agenda ings on a constitutional amendment should leave the question of how to of less taxation for certain taxpayers. imposing that same supermajority re- achieve sound fiscal policy to a vote of In the much discussed Contract With quirement for tax increases. a majority here in Congress at any par- America the Republican leadership in So the context in which we are con- ticular time. We should not try, by rule the House of Representatives promised sidering this amendment has changed or other provision, to determine how to pass the balanced budget amend- from what it was in previous Con- future Congresses choose to reduce the

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2811 deficit: We should not dictate whether had some very dynamic scoring by the I really think with the Director of the they cut spending or raise taxes. We Office of Management and Budget. Congressional Budget Office, there should not try to predetermine for fu- David Stockman, a fresh, new face, was ought to be a resolution of approval by ture Congresses which group of tax- selected to head the Office of Manage- both the House and the Senate. I know payers will pay the taxes and which ment and Budget. They came up with a that is not the current circumstance. group will suffer the spending cuts. strategy that said, ‘‘Well, if we do the But I intend to offer an amendment The Framers of the Constitution following things, we will produce enor- that would require that. I hope very were wise to limit the use of the super- mous new revenue, and we will balance much that at this juncture the major- majority requirement in the Constitu- the budget by 1984.’’ He subsequently ity would not appoint a Director at tion. They chose to leave the Constitu- wrote a book after he left the Govern- this point until I have had an oppor- tion neutral as to how we accomplish ment that said none of that was real- tunity to offer the resolution. I prob- sound fiscal policy at any particular istic and it was a horrible mistake. I ably will offer it and discuss it on this time in our history. We are well ad- have sometimes used quotes from his amendment, although it would be bet- vised to defer to their good judgment book because he gave an interesting in- ter to offer it to the very next bill that on that subject, to cease our efforts to sight into what the mindset was when comes to the floor of the Senate after solve this problem by changing the they were using these dynamic scoring the balanced budget amendment. Constitution, and, instead, to solve it approaches to come up with these re- But I, as others, am concerned and as all previous generations have, by sults. It seemed wildly unrealistic at want to speak on it. I want to make a demonstrating the political courage to the time anyway. But, nonetheless, dy- case about the process. My case is not make unpopular decisions about spend- namic scoring was used to justify a a case that says this person is the ing cuts and taxes. new fiscal policy. wrong person. I do not know. But I Mr. President, I yield the floor. The point is we have been through know that whoever heads CBO is going Mr. DORGAN addressed the Chair. periods where people have developed to have an impact on my legislative Mr. BINGAMAN. Mr. President, I new scoring approaches, new devices, life and an impact on the legislative suggest the absence of a quorum. that have been unrealistic and have life of everyone in this body and in the The PRESIDING OFFICER. Does the caused this country great problems and House. And I would like very much for Senator withhold his quorum call re- left us with significant debt and defi- the selection of the new head of the quest? cits. Especially given this constitu- CBO to be a selection that represents a Mr. BINGAMAN. I withhold. tional amendment to balance the budg- consensus between the majority and Mr. DORGAN. Mr. President, I under- et and the vigorous battles that will the minority; a consensus on two stand the Senate is near the comple- occur, I am sure, over budget resolu- points: tion of its business today. I will not tions that come before the Senate, our First, that this person is someone of take a great length of time, I was in- referee, the Congressional Budget Of- great quality, who is at the top of the tending to offer today an amendment fice, must be led by someone who com- field and has the credentials to com- but I was intending to offer an amend- mands universal respect, someone mand respect; ment today and now obviously I intend whose methods do not lead to questions And, second, that this person is to offer an amendment when we recon- about judgment. someone who will provide an impartial vene, whenever that might be, on this Again, I do not know the cir- analysis of the type that we have been constitutional amendment to balance cumstances of the person who has ap- used to. the budget. parently been tapped to be the new Di- I must admit that I, like probably I spoke the other day on the floor of rector of the CBO. So I do not know the Senator in the chair, have from my concern about the process by which whether that person meets this test. time to time had to hold my brow as I we are selecting a new Director of the But I do know this: We have had people received something from CBO. I have Congressional Budget Office. I made it who have led the Congressional Budget said, ‘‘Lord, I do not agree with that. clear when I spoke that it is not my in- Office—Alice Rivlin, Rudy Penner, Bob That is not the answer I was looking tent to tarnish the image of the person Reischauer—all of whom, Members of for.’’ But I respect Mr. Reischauer. I re- who apparently has been advanced as the Senate would almost universally spect Mr. Penner. I respect Alice the one to be selected. I do not know say, are people at the top of their field Rivlin. I do not know the current can- the person. I do not have a judgment whose impartiality allows them to call didate. And I am not making judg- about the person’s qualifications be- them as they see them. These previous ments here. But I am making judg- cause I have not met with that person. Directors have, I think, received nearly ments about the process. This process But I certainly have a judgment about universal respect and support. is wrong. It is a flawed process when we the way this process has worked and I The selection of these three Directors have circumstances where the appoint- am concerned about it, and sufficiently was generally a process in which the ment is announced prior to the minor- concerned that I want the Congress to two parties together make a judgment. ity ranking member even being able to be able to evaluate this appointment in In fact, I am told—I will not recite the discuss particulars with the candidate. a more considered way. chapter and verse on this, I will do that I am not going to talk about the This is not just the usual appoint- later—that previously the minority process on the Senate side. But I do ment. It is not just a run-of-the-mill had difficulty with several candidates, know that the minority on the Senate appointment. The head of the Congres- and really, said, ‘‘Well, this is not ac- side of the Budget Committee sent a sional Budget Office, in effect, becomes ceptable to us.’’ And that just meant letter saying we think we should look the referee on a wide range of budget that candidate did not go forward. further for other candidates. So they questions and on a wide range of scor- That was the way it was because there obviously were making some kind of a ing issues. As all of us know, how a was a need to develop a consensus on a judgment. I think that we ought not proposal is scored can have an enor- candidate. proceed until we have responded to this mous impact on whether or not that I am told that this process on this as a body. I hope very much that prior proposal meets with favor or disfavor candidate resulted in an announcement to my offering the amendment when we in the U.S. Senate. For example, one in the House of Representatives, of who return, that the majority will not pro- might say, ‘‘I have a certain budget the appointee would be, prior to the ceed to make this appointment. proposal that recommends certain ranking minority member in the House Again, let me emphasize for the third things.’’ And CBO says, ‘‘Well, we Budget Committee ever meeting the time as I take the floor that I do not would score that in a dynamic way, or person. That is not a process, it seems intend to make a judgment about this a static way.’’ You would reach very to me, that is consultative. That is not candidate at this point. I may at some different results perhaps. So you de- a process in which both sides have point. But I do not know enough to velop scoring rules, and how you select come together to jointly figure out make a judgment. I know what I have the people to perform these duties is who has the stature and the ability and read in the papers. I have been in poli- very, very important. the authority to do this job. tics long enough to understand that I can remember in 1981, the first year So I am concerned about the process. that is not enough. I want to under- I served in the Congress, in which we I do not think this is the right process. stand the facts. I want to understand

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2812 CONGRESSIONAL RECORD — SENATE February 16, 1995 the circumstances and the quality of longer into substantive differences— are delaying what I think the people of this candidate. But I also want to un- and reasonable people can differ—we America want, what they have said re- derstand that when we finish this proc- are into trying to delay what clearly peatedly they want, and that is for us ess the selection of this very important the majority of this body wants to do, to start the very tough process of bal- person will be a selection by consensus and that is to say that we are going to ancing our budget over the next 7 among the majority and minority of amend this Constitution and say to fu- years, so that by the year 2002, if we the House and the Senate. I do not ture generations: You are not going to start right now, we will be able to then think that is the case today. have to pay our bills. begin the adventure of being able to So, I had intended to offer this Every baby that is born into this pay back the $4 trillion debt, so that amendment today and because other country has an $18,000 debt to pay. we will not be in that continuing def- amendments took most of the day, this That is what we have racked up with icit position. will be put over until next week, or our over $4 trillion of debt. Some peo- In fact, I think that if we do not act whenever we return—I guess the first ple say, ‘‘Let us do it by statutes. We on this in the next week when we get legislative day when we return. But I can pass laws, we can act responsibly.’’ back, it is not that it will pass in time wanted to take the floor at this mo- And, of course, we point out that over and we will not pass it ever again. I ment to alert my colleagues that I in- the last 30-plus years we, in fact, have disagree with people that say this is tend to do this, and to urge the major- not been able to do that. So if you put our only chance. I think if we do not ity not to proceed until we have had a the practical experience in the mix, it pass it this time, we will have a bigger chance to express ourselves on this is clear that we are not going to do it mandate in 1996 and we will pass it. issue. by statute. The difference will be, Mr. President, Mr. President, I appreciate the Sen- But let us talk about what is the role that we will have two more years of ac- ate’s indulgence. of the Constitution of our country. The cumulating debt, and we have seen the I yield the floor. Constitution of our country should not charts for the last week showing every Mrs. HUTCHISON addressed the be something that we can do by stat- day that we have been debating and Chair. ute. It should be the framework of our talking and talking in the Senate de- The PRESIDING OFFICER. The Sen- Government. It should be what we bating society, the debt has gone up be- cause we have not begun to turn that ator from Texas is recognized. think the parameters of our Govern- Mrs. HUTCHISON. Mr. President, I ship on a different course. ment should be, not for the 104th Con- So if we do not do it this year, we would like to talk as we end this third gress, but for all the Congresses in the will do it 2 years from now, 3 years week of debate on the balanced budget future—something that is so well set- from now, because we will have the amendment about the importance of tled in our policies that it should not mandate. But we will have missed 2 this vote and what it really means to be subject to change. That is what we years of opportunity to begin this proc- America. are debating, whether we will amend ess of responsibility for our future gen- I have listened for the last 3 weeks to our Constitution with a fundamental erations. That is what we will miss if the debate, and I want to say that I policy decision that should not be we fail to do so. think we are in a filibuster. I think changed by future generations. So as we leave these hallowed halls, I there can be no doubt of it. Our leader Mr. President, that is what a bal- hope all of us will think carefully has been patient. Senator DOLE wanted anced budget amendment is, and it about the monumental decision that everyone to have an opportunity to does meet the test. It should be a fun- we will make next week to stop this fil- have his or her say to talk about the damental policy of this country that ibuster, to stop the delays, to stop the issue, because it is a major issue. It is we will not spend money we do not nuance differences and say that we are probably the most important vote I have, unless we are in a crisis, in a war, going to take this first step of amend- will ever make in my career. and that is the exception—the one ex- ing the greatest Constitution that has I think the leader has given ample ception—that all of us would agree to. ever been written in any society in all time for every person to talk about Other than that, we are not going to of civilization; that we are going to views, to differ on views, and to put in spend money we do not have for pro- amend it with a fundamental policy de- amendments. I think Senator HATCH grams that we would like, for programs cision of responsible spending, to pro- and Senator CRAIG, who are the distin- that are good programs, but programs tect our future generations from our guished managers of this joint resolu- we do not have the money to pay for. decisions, which may not be theirs. tion, have been very patient. But this It comes down to the fundamentals So it is a great opportunity for us, is a filibuster, and there is a funda- that every State, every city, every and I hope all of us will go home and mental difference about whether we business, and every household in Amer- come back next week ready to make should move forward with the mandate ica understands, and that is: I would the decision that is ours to make, to that we have to change the things we like to take my family to dinner to- change the course of this country and have been doing in Washington, or night, but maybe I do not have the begin the process of responsible gov- whether we are in fact doing what we money to do it and I have to make that erning. have been doing year after year after decision based on whether I have the Thank you, Mr. President. year in this Congress—that is, spending discretionary money to do it. I would I suggest the absence of a quorum. beyond our means. That is what has like to send my child to college. Do I The PRESIDING OFFICER. The been happening. have the funds to do it? I would like to clerk will call the roll. The assistant legislative clerk pro- We are at the end of the third week have many things that, perhaps, I can- ceeded to call the roll. of debate. All of us who support the not afford and therefore I do not ac- Mr. BREAUX. Mr. President, I ask balanced budget amendment thought quire. That is a fundamental decision unanimous consent that the order for we would be finished, thought we would that every American makes every day. the quorum call be rescinded, and I be leave town for a 3-day recess knowing The only American institution that allowed to speak out of order. that we had done the most important really does not is the United States The PRESIDING OFFICER. Without thing we could do for the future of our Government. That is a fundamental objection, it is so ordered. children and grandchildren. But we are policy that we must put in place that f not there yet. We are not there because should not change with the wind or the there is a fundamental difference and times—that is, that my priorities are OIL RELIANCE THREATENS because many who disagree with the more important than the priorities of NATIONAL SECURITY balanced budget amendment have de- future Congresses. Mr. BREAUX. Mr. President, and my cided to delay it through filibuster. I think it is very important, as we colleagues, I would think that if any I support the right of everyone to leave today for this recess, that the government is presented with evidence delay. That is part of the Senate rules. people of America understand that this that their country is under a national But I think it is time to call it what it is a filibuster. The people who are security threat that they would insti- is. I think it is time that people realize doing it have the perfect right to do it, tute immediately a full-scale inves- this is a delaying tactic, that we are no but they are delaying this vote; they tigation to determine what the threat

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Because, folks, it is clear that cur- Therefore, when I read a release that growth of imports. rent policy has us in the predicament I received today from the U.S. Depart- Mr. President, I disagree with that, we are in. Current policy has allowed ment of Commerce which clearly states and I disagree with it strongly. I think us to have imports increase up to the that they have made a finding that current administration energy policies point where they now constitute 50 per- growing U.S. reliance on oil imports in this administration, in the last ad- cent of all the energy we have in this threatens the national security of the ministration and in the administration country. United States by making it vulnerable before that, in Republican administra- Imports increased this year from last to interruptions in foreign oil supplies, tions and in Democratic administra- year by 200,000 barrels a day more than I would immediately gather all of my tions, have clearly allowed us to get to the year before. That is under current advisers around me and say, ‘‘All right, the point where today we are import- policy. And to say that we are going to what are we going to do about this?’’ ing half of the oil that we use in this continue to stay with current policy, I am deeply disturbed that as I read country. there is no trend line to suggest that is the release and talk to people who I guess it has been an easy thing for going to solve the problem. The trend know about this problem and find that, administrations to do because we have line is that imports will continue to in- essentially, nothing is being done. I been getting cheap oil, but does any- crease under current policy. think we as a nation are making a ter- body remember what happened in the So I suggest to my friends in this ad- rible mistake. early 1970’s when we had lines of Amer- ministration that they take the Com- Let me try and point out what I icans sitting in their cars waiting to merce Department’s findings that think the problem is in a very clear buy the precious gas that was left at there is a national security threat to fashion. If we in this Nation were sud- the stations to run their cars and run make some recommendations on new denly told that we are now importing this country? Because at that time, the things that should be done in order to 50 percent of all of the food that we Middle Eastern oil suppliers turned the prevent a national catastrophe from consume in this country, and much of faucets off just a little bit and literally falling on this country. it from nations that are very unde- brought this country to our knees, be- I suggest that there are a number of pendable as far as being allies of the cause at that time, we were importing things that I would have hoped that United States, I would predict that the about 30 percent of the oil we use. the administration would have been next day there would be lines of people Today, we are importing 50 percent, able to say we are recommending in- surrounding the White House and sur- and just turning that faucet a little bit stead of maintaining the status quo. rounding this Capitol saying, ‘‘My in 1995 will bring this country to our First, they could have recommended goodness, this is a terrible threat that knees in a much more serious fashion that the administration will actively we are now having to import half of the than we were brought to our knees in support what the industry calls geo- food that we consume from countries 1973. logical and geophysical expensing, that are not dependable as allies of the Unfortunately, it seems that all the which simply says that oil and gas op- United States.’’ administrations since then did not erators in this country would be able Yet this is exactly what is happening learn the lesson, and the lesson is very to expense the cost of exploring and when it comes to energy security. I simple: That we should never be de- producing a well, whether that well is will tell Members how this came about, pendent on something that is impor- a dry well, a dry hole, which they can Mr. President. That is, that the De- tant to our national security; we do now, or whether it is a producing partment of Commerce, under existing should never be dependent on other na- well. That would encourage a substan- rules and regulations, were responding tions to supply it, particularly nations tial increase in domestic production in to a petition that was filed by the Inde- that are not necessarily our friends nor this country to reduce that 50 percent pendent Petroleum Association of our allies, that we cannot trust to be number to what would be a more ac- America that was filed on March 11, reliable when we have a need for a ceptable number. 1994, alleging that ‘‘Increasing U.S. de- product that they have, whether it be I look over the recommendations and pendence on foreign oil threatened the food, as I mentioned earlier, or whether that is not there. national security of the United it be energy to run our plants, our fac- They could have, second, suggested States.’’ tories, to heat our homes, to cool our that we move toward and support They pointed out in their request homes in the summer, to run our cars, OPRA 90 reform. OPRA is the Oil Pol- that imports of crude oil products were to run our trucks, to keep up with the lution Act that this Congress passed in estimated through 1994 to average 8.8 commerce demands of a great Nation. 1990, but the way it is being imple- million barrels of foreign oil coming Yet today, for all of those needs, we mented is not the way this Congress in- into the United States every day. This are now dependent on foreign nations tended it to be implemented, and legis- represents a 200,000-barrel-a-day in- for over half of those energy needs. And lation is necessary to clarify what we crease compared to 8.6 million barrels a the thing that bothers me the most is meant. Here is the simple problem: day in 1993. that after recognizing that there is a Congress never intended when we The estimated import ratio has now, national security threat—and these are passed that Oil Pollution Control Act for the first time ever, broken the not my words, these are the words of that onshore facilities would have to ‘‘peril point level’’ of 50 percent of for- the Commerce Department when they carry insurance of $150 million per eign imports coming into this country. made the findings—that the situation well. We were talking about major off- There is no dispute about that fact. today presents a national security shore activity that had the potential to The IPAA presented information. No threat to the United States but we are pollute if a catastrophic event oc- one objected to that. The Commerce not going to do anything in terms of curred. We never intended that any fa- Department finds, after looking at all setting a tariff to try and reduce the cility onshore that may be very, very this information, clearly that U.S. reli- amount of imports coming in in order small, with only very limited potential ance on oil imports now threatens na- to encourage greater domestic explo- to cause any pollution, would also have tional security by making us vulner- ration and production right here in to have $150 million of liability insur- able to interruptions in foreign oil sup- this country. ance. But that is how our folks in the plies. I think that that is something that is bureaucracy have interpreted it. The Commerce Department rec- not acceptable, because there are some An amendment, a legislative fix for ommended, however, that the Presi- things that we can do. I do not suggest this problem would allow independent dent not use his authority that he has that maybe oil import tariffs are the operators who produce oil onshore to

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2814 CONGRESSIONAL RECORD — SENATE February 16, 1995 do it in a fashion that they could af- that we can end the day, especially the how I will vote on a balanced budget ford. We are going to run independents desk staff will know that they can get amendment. I am not being coy. I am out of business if we do not do some- home to their loved ones. seriously undecided at this point. I thing legislatively to fix this problem. I did want to bring to the attention want to see what is the final provision That would have been the second thing of my colleagues that yesterday in the on which we will vote. that could have been recommended and Budget Committee, when Secretary Let me just add that I am absolutely should have been recommended. Christopher was there, inadvertently a convinced we must balance the budget The third is to have recommended Republican staff document was at- in the next 7 years. It is absolutely im- some type of broad-based royalty re- tached to part of his testimony and perative that we do so. Whether we form to encourage exploration and pro- was handed out. I might say that it is have a balanced budget amendment to duction in difficult areas where it is a very interesting document. The docu- the Constitution or not, this Senator more expensive to find oil, where many ment that has been prepared by the believes we have to balance the budget times a day it costs more to explore majority on the Budget Committee because we have a window of oppor- than it would pay them if they found a shows function 150, International Af- tunity here before the baby boomers producing well, because the price of oil fairs. It is headlined, ‘‘Fiscal Year 1996 retire, at which time Government per barrel, partly because of cheap for- Balanced Budget Resolution.’’ Down in spending will skyrocket. And that will eign imports, is less than it costs to the corner it says, ‘‘For Internal Pur- put enormous pressure on the economy find that oil. Broad-based royalty relief poses Only.’’ But it was handed out in- of this country. would have made a major impact on advertently. So we have a chance here in the next helping to increase domestic produc- What I think is interesting about 7 years to get our fiscal house in order. tion. But there is no recommendation this document is it suggests that the That must be done. But I have reserva- for that type of activity. majority has a plan to move towards a tions about the elements of this con- The fourth is to do something about balanced budget, and I commend them stitutional amendment in terms of the the Alaska export ban on oil that is for that. I hope they do have a plan. provision that would provide for produced in Alaska. When Congress But I would say to my colleagues that looting the Social Security trust fund passed that law saying that oil that is if they have a plan, then we should re- in order to balance the operating budg- found in Alaska could never be ex- visit the question of the right to know et, the involvement of courts. The last ported outside the United States, it provision that we sought to add to the thing I wish to see happening is the Su- probably made sense at that time. But balanced budget amendment. preme Court of the United States writ- it does not make sense today. We sought to add a provision that ing the budget of the United States. No If oil from Alaska can be sold in called on the Republican majority to judge was ever elected to do that. other areas at a higher price, it would produce their plan on how they in- I am also concerned about the lack of give companies greater amounts of tended to balance the budget so that a capital budget. The vast majority of money to explore for and find addi- the States could be advised of that be- States that have a balanced budget re- tional fields domestically in North fore they had to vote to ratify it, and quirement provide for a capital budget. America—in Alaska, in the gulf coast so that our colleagues who are about to You can pay for big investments over a area—which would increase the domes- vote on a balanced budget amendment period of time. That is what State gov- tic production and thereby lower that could know what was the outline of the ernments do. That is what we do in our 50 percent import figure that we have. plan. own personal lives. I know very few Mr. President, not one of those pro- The Republican majority resisted people who buy a house for cash. Most posals, not one of those initiatives is that right-to-know effort by saying people take out a mortgage. found in the Commerce Department’s they could not say what a long-term So those are, I think, legitimate con- finding and recommendation as to plan was because there were so many cerns. But beyond that, I think we also what should be done. things, it would be hard to determine have the question of how we do it. How I will just close by saying that it is and hard to project and hard to fore- do we balance the budget? And if our insufficient, in my opinion, for a de- cast. And yet we find in this document, Republican colleagues, in fact, have a partment of our Government to make a which was released inadvertently, that plan, one that they have not released finding that there is a national secu- at least with respect to one function of and not revealed—and I think the fact rity threat to this Nation, which they the budget they do have a detailed that they clearly have one with respect have made, and then to say we are not plan, very specific as to what they have to one function of the budget suggests going to recommend anything new to in mind; terminating a set of programs, they probably have it for other func- address that threat. That is an abdica- reducing other programs in order to re- tions of the budget—that is something tion of responsibility. It is unaccept- duce the 150 function, which, of course, that could form the basis for an impor- able. This Member, and I know other is the international affairs function. tant discussion and debate about how Members, will take their finding and This suggests at the very least that we accomplish a balanced budget. offer constructive suggestions to, in other functions for other areas have a Let me just conclude by saying I fact, address what is now clearly estab- plan, something that is in the works, would very much like to see us struc- lished as a national security threat to something that is available, that could ture a means to require both sides to the United States of America. provide some guidance as to where the put down a plan to balance this budget Mr. President, I suggest the absence majority is going with respect to a simultaneously. of a quorum. plan to balance the budget over the What is going on is we have a bit of The PRESIDING OFFICER. The next 7 years. Alphonse and Gaston, the chicken and clerk will call the roll. I would just say to my colleagues the egg; nobody wants to go first. And The legislative clerk proceeded to that if in fact there are plans for other I am working on legislation now that call the roll. functional areas, as there clearly is for would require us, if the balanced budg- Mr. CONRAD. Mr. President, I ask the international affairs section, we et amendment fails, to have the budget unanimous consent that the order for ought to have a chance to see it. We committees of both Houses and the the quorum call be rescinded. ought to have a chance before we vote President put down a plan to balance The PRESIDING OFFICER. Without on a balanced budget amendment. The the budget over the next 7 years and to objection, it is so ordered. American people ought to have a lay it down by May 1—have both sides f chance to see what the plan is. be required to come to the table and What does the Republican majority lay down their plans to balance the BALANCED BUDGET AMENDMENT have in mind for how they intend to budget. It is clear to me now the Re- TO THE CONSTITUTION. balance this budget? I think that would publican majority is working on such a The Senate continued with the con- certainly influence some votes in this plan. Perhaps they have one completed, sideration of the joint resolution. debate. at least in preliminary outline. I think Mr. CONRAD. Mr. President, I will be Let me just say that I am one Mem- it would be very important for that to very brief so that colleagues will know ber who is undecided on the question of be shared with our colleagues and with

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The rency in the Senate and on the Com- Job asked the question, ‘‘If a man clerk will call the roll. mittee on Foreign Relations. die, shall he live again?’’ Job later an- The legislative clerk proceeded to Bill Fulbright was an outstanding swered the question by saying, ‘‘Oh, call the roll. Senator. He served with many other that my words were written and en- Mr. BYRD. Mr. President, I ask unan- outstanding Senators, some of whom I graved with an iron pen upon a ledge of imous consent that the order for the have named as having ended their so- rock forever, for I know that my re- quorum call be rescinded. journ in this early life, and there were deemer liveth and someday He shall The PRESIDING OFFICER. Without other extraordinary men such as John stand upon the Earth; and though after objection, it is so ordered. Pastore of Rhode Island, Mike Mans- my skin worms destroy this body, yet f field of Montana, and Russell Long of in my flesh shall I see God; whom I Louisiana, all of whom are still among shall see for myself and mine eyes shall SENATOR J. WILLIAM FULBRIGHT the living. But I have taken the floor behold, and not another; though my Mr. BYRD. Mr. President, I was today to say that one by one, the old reins’’—meaning my heart, my kid- sworn in as a Member of this body on landmarks of our political life have neys, my bodily organs—‘‘be consumed January 7, as I recall, 1959, the 1,579th passed away. One by one, the links within me.’’ Member to have been elected or ap- which connect the glorious past with Scientists cannot create matter or pointed to the Senate since its begin- the present have been sundered. life. They can mould and develop both, ning on March 4, 1789. As of today, 1,826 ‘‘Passing away! but they cannot call them into being. men and women have borne the title of ’Tis told by the leaf which chill autumn They are compelled to admit the truth United States Senator. When I came to breeze, uttered by the English poet Samuel the Senate, some of the other Members Tears ruthlessly its hold from wind-shaken Roberts, when he said: trees; were Clinton P. Anderson of New Mex- ‘‘That very power that molds a tear ico, Styles Bridges of New Hampshire, ’Tis told by the dewdrop which sparkles at morn, And bids it trickle from its source, Paul Douglas of Illinois, Allen Ellender And when the noon cometh That power maintains the earth a sphere of Louisiana, Hubert Humphrey of Min- ’Tis gone, ever gone.’’ And guides the planets in their course.’’ nesota, Lyndon Johnson of Texas, It was my pleasure to serve with Sen- That power is one of the laws—one of Estes Kefauver of Tennessee, Richard ator Fulbright. I always held him in the immutable laws, the eternal laws— Russell of Georgia, Lister Hill of Ala- the highest esteem. He was a gen- of God, put into force at the creation of bama, George Aiken of Vermont, Ever- tleman with great courage and unwav- the universe. From the beginning of re- ett McKinley Dirksen of Illinois, Carl ering patriotism, a wise and coura- corded time to the present day, most Hayden of Arizona, Wayne Morse of Or- geous statesman, affable in his tem- scientists have believed in a divine cre- egon, Harry Flood Byrd, Sr. of Vir- perament, and regarded as one of the ator. I have often asked physicians, ginia, Spessard Holland of Florida, outstanding lawyers in the Senate and ‘‘Doctor, with your knowledge of the Henry Jackson of Washington, John F. one of the best informed upon ques- marvelous intricacies of the human Kennedy of Massachusetts, William tions regarding international affairs. body and mind, do you believe that Langer of North Dakota, Robert Kerr He was both morally and intellectually there is a God?’’ Not one physician has of Oklahoma, and others, including J. honest, simple in his habits, and devoid ever answered, ‘‘No.’’ Each has an- William Fulbright of Arkansas. of all hypocrisy and deceit. He never swered, readily and without hesitation, All of these men have now passed resorted to the tricks of a demagog to ‘‘Yes.’’ Some may have doubted some from this earthly stage and gone on to gain favor and, although he was a par- of the tenets of the theology of ortho- their eternal reward. The last of these tisan Democrat, he divested himself of doxy, but they do not deny the exist- whom I have mentioned, Bill Ful- partisanship when it came to serving ence of a creator. Science is the bright, died last week. the best interests of his country. Peace handmaiden of true religion, and con- J. William Fulbright was born in to his ashes! firms our belief in the Creator and in Sumner, MO, on April 9, 1905, and The potentates on whom men gaze immortality. moved with his parents to Fayetteville, When once their rule has reached its goal, ‘‘Whoever plants a seed beneath the sod AR, the following year. He attended Die into darkness with their days. And waits to see it break away the clod the public schools in Arkansas and But monarchs of the mind and soul, Believes in God.’’ graduated from the University of Ar- With light unfailing, and unspent, Mr. President, as Longfellow said, ‘‘It kansas at Fayetteville in 1925; as a Illumine flame’s firmament. is not all of life to live, nor all of death Rhodes Scholar from Oxford Univer- Socrates, Plato, Aristotle, Cicero, to die.’’ Rather, as Longfellow says: sity, England, in 1928, and from the and other great Grecian and Roman ‘‘There is no death! What seems so is transi- Law Department of George Washington philosophers, by pure reason and logic tion; University, here in Washington, DC, in arrived at the conclusion that there is This life of mortal breath 1934. He was admitted to the District of a creating, directing, and controlling Is but a suburb of the life Elysian, Columbia Bar in 1934, and served as an divine power, and to a belief in the im- Whose portal we call death.’’ attorney in the U.S. Department of mortality of the human soul. Through- Mr. President, life is only a narrow Justice, Antitrust Division, in 1934– out the ages, all races and all peoples isthmus between the boundless oceans 1935. He was an instructor in law at the have instinctively so believed. It is the of two eternities. All of us who travel George Washington University in 1935, basis of all religions, be they heathen, that narrow isthmus today, must one and he was a lecturer in law at the Uni- Mohammedan, Hebrew, or Christian. It day board our little frail barque and versity of Arkansas during the years is believed by savage tribes and by hoist its white sails for the journey on 1936–1939. He served as President of the semi-civilized and civilized nations, by that vast unknown sea where we shall University of Arkansas from 1939 to those who believe in many gods and by sail alone into the boundless ocean of 1941. He was engaged in the newspaper those who believe in one God. Agnos- eternity, there to meet our Creator business, in the lumber business, in tics and atheists are, and always have face to face in a land where the rose banking, and in farming, and was elect- been, few in number. Does the spirit of never withers and the rainbow never ed as a Democrat to the 78th Congress, man live after it has separated from fades. To that bourne, from which no where he served from January 3, 1943, the flesh? This is an age-old question. traveller ever returns, J. William Ful- to January 3, 1945. He was not a can- We are told in the Bible that when God bright has now gone to be reunited didate for renomination to the House, created man from the dust of the with others who once trod these marble but was elected to the United States ground, ‘‘He breathed into his nostrils halls, and whose voices once rang in

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2816 CONGRESSIONAL RECORD — SENATE February 16, 1995 this Chamber—voices in this earthly tion’s growing reliance on imports of crude the Strategic Petroleum Reserve life that have now been forever stilled. oil and refined petroleum products threaten which, obviously, is there for emer- Peace be to his ashes! the nation’s security because they increase gencies; and coordination for emer- I recall the words of Thomas Moore: U.S. vulnerability to oil supply interrup- gency cooperation measures. tions. I also concur with the Department’s ‘‘Oft, in the stilly night, recommendation that the Administration Notable by its absence is any men- Ere slumber’s chain has bound me, continue its present efforts to improve U.S. tion of efforts to stimulate domestic Fond Memory brings the light energy security, rather than to adopt a spe- drilling and production in the United Of other days around me: cific import adjustment mechanism. States. I find that extraordinary. I The smiles, the tears This action responds to a petition under wonder just who is advising the Presi- Of boyhood’s years, Section 232 of the Trade Expansion Act of dent. I cannot believe that the Presi- The words of love then spoken; 1962, which was filed by the Independent Pe- The eyes that shone, dent himself does not support domestic troleum Association of America and others exploration, development, the creation Now dimm’d and gone, on March 11, 1994. The Act gives the Presi- The cheerful hearts now broken! dent the authority to adjust imports if they of jobs. One of the bases of America’s Thus, in the stilly night, are determined to pose a threat to national industrial might has been our ability Ere slumber’s chain has bound me, security. The petitioners sought such action, to produce energy sources, specifically Sad Memory brings the light claiming that U.S. dependence on oil imports oil and gas. But there is no mention of Of other days around me. had grown since the Commerce Department exploration for oil. There is no mention When I remember all last studied the issue in response to a simi- of stimulating exploration in the Gulf The friends, so link’d together, lar, 1988 petition. of Mexico where a good portion of our I’ve seen around me fall In conducting its study, the Department current resources are coming from. Like leaves in wintry weather, led an interagency working group that in- As we go deeper out in the gulf and I feel like one cluded the Departments of Energy, Interior, Who treads alone Defense, Labor, State, and Treasury, the Of- invest in new technology, it requires Some banquet-hall deserted, fice of Management and Budget, the Council greater engineering, greater risk, but, Whose lights are fled, of Economic Advisers, and the U.S. Trade obviously, the industry is willing to Whose garlands dead, Representative. The Commerce Department make those commitments and that in- And all but he departed! also held public hearings and invited public vestment. This is what we call deep- Thus, in the stilly night, comment. Following White House receipt of water drilling. It requires substantial Ere slumber’s chain has bound me, the Commerce Department’s report, the Na- capital and substantial incentives. Sad Memory brings the light tional Economic Council coordinated addi- Furthermore, we have frontier areas Of other days around me.’’ tional interagency review. As in the case of its earlier study, the where onshore there are no pipelines, Mr. President, I yield the floor. I sug- no infrastructure, and to encourage the gest the absence of a quorum. Commerce Department found that the poten- tial costs to the national security of an oil industry to go in those areas and ex- The PRESIDING OFFICER. The import adjustment, such as an import tariff, plore, again, may require some conces- clerk will call the roll. outweigh the potential benefits. Instead, the sions, some type of moratorium rel- The bill clerk proceeded to call the Department recommended that the Adminis- ative to the application of taxation. roll. tration continue its current policies, which None of these are mentioned, and I Mr. MURKOWSKI. Madam President, are aimed at increasing the nation’s energy find that rather curious. We have the I ask unanimous consent that the order security through a series of energy supply overthrust belt; no mention of opening enhancement and conservation and effi- for the quorum call be rescinded. up areas for oil and gas exploration. The PRESIDING OFFICER (Ms. ciency measures designed to limit the na- tion’s dependence on imports. Those meas- It is rather curious, and I guess it is SNOWE). Without objection, it is so or- ures include: appropriate, that I be a little sensitive dered. Increased investment in energy efficiency. on this because my State of Alaska has Mr. MURKOWSKI. Madam President, Increased investment in alternative fuels. been supplying this country with about I ask unanimous consent to speak as in Increased government investment in tech- 24 percent of the total crude oil that is morning business for a reasonable pe- nology, to lower costs and improve produc- produced in the United States for the riod. tion of gas and oil and other energy sources. last 16 to 17 years. That area where Expanded utilization of natural gas. The PRESIDING OFFICER. Without most of that oil comes from is called objection, it is so ordered. Increased government investment in re- newable energy sources. Prudhoe Bay. It is a huge investment f Increased government regulatory effi- by three major international compa- INCREASED DEPENDENCE ON ciency. nies—Exxon, BP and ARCO. They oper- Increased emphasis on free trade and U.S. IMPORTED OIL ate the fields. They produce about 1.6 exports. million barrels of oil per day. That is Mr. MURKOWSKI. Madam President, Maintenance of the Strategic Petroleum down from approximately 2 million Reserve. I just have been advised of the release barrels a few years ago. The field is de- by the White House of the Department Coordination of emergency cooperation measures. clining. But the significance is, as it of Commerce’s findings concerning the Finally, led by the Department of Energy declines we are increasing our imports. question of our increased dependence and the National Economic Council, the Ad- Where do our oil imports come from? on imported oil. Today in that report, ministration will continue its efforts to de- Why, it comes from the Mideast. It our President reported to the Congress velop additional cost-effective policies to en- comes to our shores in foreign flag that, indeed, our growing dependence hance domestic energy production and to re- ships, manned by foreign crews. Many on imported oil is a threat to our na- vitalize the U.S. petroleum industry. of the corporations that operate those tional security. However, it is rather Mr. MURKOWSKI. Madam President, ships are relatively alike in their cor- disturbing to note that the President if we look at the specifics of the rec- porate structure. Some suggest they failed to propose any new action, direct ommendation, as indicated in the press are even shell corporations. or indirect, to alleviate this threat. It release, the specific highlights include It is interesting to look at our trade is the opinion of this Senator from increased investment in energy effi- deficit, Madam President, of about $167 Alaska that such action is unprece- ciency, certainly a worthy and laud- billion. A good portion of that is dented and wholly unacceptable. able goal; increased investment in al- Japan, a portion of it is China, but al- I ask unanimous consent that the ternative fuels, likewise; increased most half is the price of imported oil. press release be printed in the RECORD. Government investment in technology So we are exporting our dollars, ex- There being no objection, the mate- to lower costs and improve production porting our jobs and becoming more rial was ordered to be printed in the of gas and oil and other energy re- and more dependent on other parts of RECORD, as follows: sources; expanded utilization of nat- the world. [From the White House, Office of the Press ural gas; increased Government invest- I find this trend relatively unnerving; Secretary, Feb. 16, 1995] ment in renewable energy sources; in- that we should have to depend to such STATEMENT BY THE PRESIDENT creased Government regulatory effi- an extent on imported petroleum prod- I am today concurring with the Depart- ciency; increased emphasis on free ucts and then recognize that it is ment of Commerce’s finding that the na- trade and U.S. exports; maintenance of called to our attention by this special

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2817 study done by the Department of Com- in those areas, and caribou is a very gested by the White House, which are merce that we have been waiting for an adaptable animal. If chased down by a nothing but words. extended period of time to identify snow machine or hunter, obviously it I can remember coming into this that, indeed, our national security in- runs away. The common sight of mod- body in 1981 when we were running in terests are at stake. est activity associated with explo- the high 30’s, low 40’s percentile de- I look at my State of Alaska with the ration and development has absolutely pendence on imported oil. There was potential to supply more oil as no effect. A person can go up there concern then. There was an expression Prudhoe Bay declines, and it is rather today and observe this process. if it ever got to the area where it would ironic, Madam President, that on this So as we reflect on what some of the be approaching 50 percent we would floor today was a bill to take the most alternatives are, I wonder if we are have to do something drastic, we would promising area in North America, really not selling America short. As I have to stimulate our industry some- namely ANWR, and put it in a perma- said before, they are the same argu- how with incentives. But we went on nent wilderness. ments of 17 years ago we are hearing and on and became more dependent and We have always had a difficult time today, that somehow this is the now 51 percent of our total consump- trying to keep Alaska in perspective Serengeti of the Arctic—12,500 acres tion is imported oil. And now we are relative to its size and the type of de- out of 19 million acres is what we are told that our national security is at velopment and the control that our talking about—somehow the native stake. State as well as the Federal agencies people of the area will be affected. But Out of these hearings I hope we get have in developing the resources from I can tell you, Madam President, the the experts—not the wordsmiths from the North Slope and the Arctic. And as native people of the area have been the White House who are simply selling we reflect on that, the technology that given an opportunity that they never America short, relative to its capa- developed Prudhoe Bay is now 20 to 25 had before, and many of them have bility to produce additional discoveries years old, but some new technology chosen the opportunity to have gainful of oil and gas within the United States. came along about 10 years ago and re- employment, have a tax base, have It is truly distressing to read this re- sulted in the development of a field first-class schools. Schools in Barrow, port. We knew it was coming. We sus- called Endicott. Endicott was an ex- AK, are the finest schools in the United pected what it said. And each time we pansion of Prudhoe Bay in one sense, States bar none. In areas where we made an inquiry we were advised that but the technology was entirely new. It have intense climates, we have indoor the report was still under review be- came on as a production facility, the play areas. As a consequence of the cause the administration chose, for ob- tenth largest producing field in the contribution of oil and the fact that vious reasons, to put it off as long as the native people have been able to tax United States at about 107,000 barrels a they could. I find it rather coincidental the oil, have been able to tax the pipe- day. Today it is the seventh largest at that it comes in at a time when we are line, they have been able to have an al- about 120,000 barrels a day. But that almost out for the Presidents’ Day ex- ternative to a subsistence lifestyle technology, Madam President, resulted tended weekend. which jobs offer but never would have in a footprint of 56 acres. That is a But I think it is time for this body been prevalent in the area. and the other House to reflect on the pretty small area. That is the size of I think we are shortchanging Amer- reality associated with a segment of the footprint. But the contribution to ica’s ingenuity to suggest we cannot America’s traditional industrial might our energy security, our jobs, was sig- open it safely. There is absolutely no that the administration proposes to re- nificant. scientific evidence to suggest that we The last area that has been identified cannot open it safely. The technology move from the passing scene and be- by geologists as potentially carrying is advanced. The footprint is smaller. come more dependent on imports and the capability of a major discovery is The environmental concerns, the res- export more dollars and more jobs off- ANWR, but what are the parameters of toration, are all set in place by the shore. This is not unique to the oil industry. ANWR? State and the Federal Government. So First of all, there are about 19 mil- To some extent it follows with the ad- the risk is diminished dramatically. So lion acres in the area. Over 17 million ministration’s attitude towards domes- why the hesitation? acres are basically set aside in wilder- Well, to some degree, Madam Presi- tic mining. But I will save that anal- ness in perpetuity. That is a pretty dent, it is associated with a cause, and ysis for another day. good-sized chunk of real estate. We are that cause is that Alaska is far away. I am pleased the Independent Petro- looking at an area the size of Oregon ANWR has been identified by many of leum Association of America has pur- and Washington put together. Industry the national environmental groups as sued this matter. I think their Presi- tells us that if they can find the oil an issue where they can challenge; peo- dent, Mr. Dennis Bode, has made a very necessary to develop the field—and ple cannot go up there and see for commendable and meaningful con- they have to find a lot of oil because themselves. It generates revenue. It tribution to bring this report before us. you do not develop small fields in the generates a cause. And as a con- I hope the Energy Coalition, that is Arctic—the footprint would be about sequence, they would suggest to you made up of both Members of the House 12,500 acres. To put that in perspective, that this area cannot be opened up and Senate, will reflect upon this re- that is about the size of the Dulles safely. They do not address the oppor- port in the very near future. I know International Airport complex in Vir- tunities for employment, the opportu- they will. ginia, assuming the rest of Virginia nities for new engineering technology It is interesting to look at the atti- were a wilderness. and expertise but, rather, that Ameri- tude of other nations as they observe The arguments against opening cans cannot meet a challenge. I find our increasing dependence on imports. ANWR are the same arguments that this very, very distressing, but it is My many friends in Japan cannot un- prevailed nearly 20 years ago when we something that perhaps Alaskans and derstand. They simply say how unfor- talked about opening Prudhoe Bay: others who come from energy States tunate it is that Japan has no natural What is going to happen to the car- have become uncomfortably accus- resources and must import its entire ibou? What is going to happen to the tomed to. resources, whether energy or mineral. moose? What is going to happen to the Now, where do we go from here, They only have the human work ethic wildlife? Madam President? Well, I happen to be and the efficiencies associated with Well, we have had some 17 or 18 years chairman of the Energy and Natural Japanese industry that have been per- to observe the process. The caribou Resources Committee, and we are fected over an extended period of time, herds in Prudhoe Bay were 4,000 to going to hold a number of hearings on since the Second World War. We helped 5,000; now they are 17,000 to 18,000. The this matter as we look at our growing them basically during the reconstruc- growth of those herds is as a con- dependence on imported oil and the ef- tion period. They simply cannot under- sequence of the realization that those fect that it has on our national secu- stand our mentality and lack of our areas are absolutely off limits to sub- rity and look to alternatives. commitment to use our resources wise- sistence hunting of any kind. The Es- But, Madam President, we are not ly, for the benefit of our people and our kimo people in the region do not hunt going to look to the alternatives sug- economy.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2818 CONGRESSIONAL RECORD — SENATE February 16, 1995 In summary, Madam President, I am would make such a deal even sweeter can fairly wonder whether they are not being disappointed. It is ironic that we for Milosevic. But the bottom line is asked to swallow huge Serb incursions on should be confronted on the same day that this is an ill-conceived policy and their territory, viability and sovereignty for with a bill to close the most promising any tinkering by the administration on the geopolitical convenience of states far from the battlefield and substantially unaf- area in North America from explo- the margins does not change that fact. fected by its flows. Feeling abandoned even ration and put it into an additional The message this action sends is that as their fundamental interests are threat- permanent wilderness—and I might the contact group countries are incapa- ened, Muslims and Croats may yet be con- add, Madam President, we have 56 mil- ble of pressuring anyone but the vic- firmed in a judgment that they can satisfy lion acres of wilderness in our State. tims of this brutal aggression. That their legitimate political goals only by mili- There are some who would like to put message is a green light to the Bosnian tary means. Seeking a phony peace, the the whole State in a wilderness. There Serbs and to the Krajina Serbs. There United States and its partners may be stok- are others who would like to buy the are warnings of a wider war, but now ing a greater war. State back from the United States and we see how the contact group hopes to (Mr. DEWINE assumed the chair.) go it alone. But that is probably an- avoid such a scenario, namely by with- f other story, for another day as well. To holding the Bosnians’ right to self-de- ORDER OF PROCEDURE suggest this is the time to put it in wil- fense. Anyone outside the contact derness when we get a report that says group can see clearly that this is a for- Mr. DOLE. Mr. President, it is my our national security interest is at mula for wider war, not a formula for hope that we will be able to complete stake is, indeed, ironic. preventing wider war. As the Wash- our business in the next few minutes. I know Senator STEVENS will be join- ington Post concluded, ‘‘seeking a We are trying to reach some agree- ing me in commenting on the signifi- phony peace, the United States and its ment. cance of this report and the lack of re- partners may be stoking a greater Mr. President, I suggest the absence sponsible—and I stress responsible— war.’’ of a quorum. analysis of the alternatives that we Madam President, this is a policy of The PRESIDING OFFICER. The have available to us, alternatives that desperation. This is a policy that high- clerk will call the roll. are practical, and certainly in the na- lights the lack of American leadership. The assistant legislative clerk pro- tional security interest. This is a policy that puts the United ceeded to call the roll. I think that is enough for tonight, States on the side of rewarding aggres- Mr. DOLE. Mr. President, I ask unan- Madam President. I wish you a good sion and against the forces of freedom imous consent that the order for the holiday and I yield the floor. and democracy. quorum call be rescinded. I suggest the absence of a quorum. Madam President, I ask unanimous The PRESIDING OFFICER. Without The PRESIDING OFFICER. The consent that the text of the Wash- objection, it is so ordered. clerk will call the roll. ington Post editorial be printed in the f The assistant legislative clerk pro- RECORD. 50TH ANNIVERSARY ASSAULT ON ceeded to call the roll. There being no objection, the edi- RIVA RIDGE Mr. DOLE. Madam President, I ask torial was ordered to be printed in the unanimous consent that the order for RECORD, as follows: Mr. DOLE. Mr. President, 50 years the quorum call be rescinded. ago tomorrow, the legendary 10th [From the Washington Post, Feb. 16, 1995] The PRESIDING OFFICER. Without Mountain Division successfully as- objection, it is so ordered. PHONY PEACE saulted Riva Ridge in northern Italy’s Mr. DOLE. Madam President, in a The United States and its partners in deal- Appennine Mountains. Tomorrow, 12 of move that defies principle and logic, ing with the old Yugoslavia have got it up- my World War II comrades from the side down. What they should be doing is put- 10th Mountain Division will stage a the Clinton administration has pro- ting more pressure on Serbia and the Serb posed lifting the sanctions on Serbia rebels it supports in Bosnia and Croatia. 50th anniversary climb of Riva Ridge and Montenegro, while it maintains an What they actually are doing is putting on to reenact the division’s historic cap- illegal and unjust arms embargo on less pressure by prematurely opening up the ture of this heavily fortified German Bosnia and Herzegovina. As the Wash- possibility of ending the already partly sus- stronghold. ington Post editorial page put it today, pended, porous sanctions on Serbia that are Using ropes, pitons, and other moun- ‘‘the United States and its partners in in place. taineering equipment to scale the dealing with the old Yugoslavia have This new sweetener concocted by the five- cliffs, and wearing replicas of our nation Contact Group takes as its stated got it upside down.’’ purpose to draw the Serbian regime of World War II white camouflage suits, For 7 months, the Bosnian Serbs have Slobodan Milosevic into formal acceptance this team of ski troop veterans will fol- said ‘‘no’’ to the contact group peace of international peace plans for Bosnia and low the same route used by 10th Moun- plan. Despite their promises last sum- Croatia. But it was always implicit anyway tain Division units in seizing the stra- mer of tough measures, the contact that if Mr. Milosevic decided to rein in his tegic 4,500-foot peak a half century ear- group countries have pursued a conces- wild ambitions for a Greater Serbia, the lier. sions only approach. And so, instead of sanctions on him would fade away. Now to This assault group of World War II putting on more pressure on Serbia and make it explicit—while he still cheats on his combat veterans—all of whom are now pledges, before he has shown a commitment its allies in Bosnia and Croatia, the to restraint—is to invite him to bargain the in their early seventies—will be joined contact group is now ready to offer an Contact Group down; to extract a large con- in the commemorative operation by enormous concession to Serbia by cession for a minimal policy change. mountain soldier veterans of the Ger- agreeing to remove the only real lever- It is easy enough to grasp why the Contact man gebirgstruppe and the Italian age we still have, that is, sanctions. Group finds itself in the weird position of Alpini. This peaceful ascent of Riva Sanctions provide leverage not only on proposing to suspend not the military em- Ridge reflects the founding purposes of the situation in Bosnia, and in Croatia, bargo on the chief victim, Bosnia, but the the International Federation of Moun- but in Kosova—where Albanians are economic sanctions on the chief offender, tain Soldiers, an eight-nation organiza- Serbia. It’s because none of the group’s five the latest victims of ethnic cleansing. members (United States, Russia, France, tion which represents more than 500,000 Sure, the administration says that Britain, Germany) has a taste for employing mountain soldier veterans, many of Serbian President Milosevic will have the force it would take to stiffen their low- whom fought on opposing sides during to make promises in return. We have est-common-denominator collective diplo- World War II. Tomorrow’s climb is ac- seen what his promises are worth. Last macy. To prevent their diplomacy from be- tually a coming together of wartime August Milosevic promised to cut off coming altogether laughable, they should at foes on a rugged mountain summit in the Bosnian Serbs, but what really the least be stiffening it with tougher sanc- Italy. happened is that support was reduced, tions on Serbia. But this they decline to do. In addition, these climbers will be A tragic irony is building. The danger now not ended. Yes, the administration has perceived by the Contact Group is that the joined by today’s soldiers. During re- managed to see that conditions are at- war will spread. But the burden of con- cent years, we veterans of the wartime tached to this lifting of sanctions, not- straining it is being put largely on the Mus- 10th Mountain Division have estab- ing that the Europeans and Russians lims and, to a lesser extent, the Croats. They lished close bonds of friendship with

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2819 our young counterparts of today’s 10th I do not know if many people really I extend my deepest sympathies to Mountain Division —light. Following understand the positive impact on the the Masters family on the loss of their their recent return from Haiti, 10 lives of South Dakotans that the edi- beloved Cootie. young soldiers of the 10th Mountain— tors of our weekly papers have. Mr. President, I pay tribute not only light—from Fort Drum, NY, will be As the editor of my hometown news- to him but to the weekly newspapers of participating in the reenactment paper, the Humboldt Journal, Cootie South Dakota and to the South Dakota climb. Joining these active duty sol- Masters was part of the lives of thou- State House of Representatives from diers will be two climbing experts from sands of South Dakotans. which he served during his career. the 172d Mountain Battalion, Vermont Born on July 7, 1906, Cootie began his f National Guard. rich and fulfilling life in the town of BALANCED BUDGET AMENDMENT The reenactment teams are head- Humboldt, SD. This small town up- TO THE CONSTITUTION quartered in the small mountain vil- bringing and his strong family ties in- lage of Lizzano, which was the scene of stilled in him a deep respect for tradi- The Senate continued with the con- intense fighting during my division’s tional values. He graduated from Hum- sideration of the joint resolution. breakthrough from the Apennines boldt High School in 1924 and went on UNANIMOUS-CONSENT AGREEMENT northward into the Po River Valley to attend the University of South Da- Mr. DOLE. Mr. President, I ask unan- and the Dolomite Mountains. During kota. I would like to note that in 1924 imous consent that the following be the 10th Mountain Division’s decisive it was quite an accomplishment for a the only amendments or motions in combat operations in northern Italy, young student from a small town to at- order to House Joint Resolution 1 and nearly 1,000 of my fellow soldiers lost tend college. This was only the begin- that all amendments or motions be their lives to enemy action, another ning of Cootie’s many achievements. subject to relevant first and second de- In addition to his studies at USD, 4,000 were wounded. gree amendments and all first-degree Cootie participated in basketball and As our Nation observes the 50th anni- amendments or motions on the list was a fraternity brother in Delta Tau versary of the end of World War II dur- must be filed at the desk with the bill Delta. He demonstrated at a young age ing 1995, I am tremendously proud to clerk by 12 noon Wednesday with the the importance in life of social involve- know that a handful of my fellow 10th exception of first-degree amendments ment and balance between intellectual Mountain Division veterans have un- to motions. I will submit the list. I will and physical pursuits. dertaken such a meaningful way of After Cootie graduated from college, not read the list. I think both the dis- commemorating one of their victories he became involved in his family busi- tinguished Democrat leader and I have in the final months of the war. I salute ness. His father owned and operated the same list. I will submit that list. them for their endeavor, and I am sure the Humboldt Journal and passed on I further ask that no further amend- that all other Members of the Congress his business knowledge to Cootie. Coot- ments be in order to the joint resolu- will do the same. ie’s father died suddenly in 1936, leav- tion after 3 p.m. on Friday February 24, Mr. PRESSLER addressed the Chair. ing Cootie as the sole owner and editor and that any amendments, motions, or The PRESIDING OFFICER. The Sen- of the Journal. Anyone you may know motions pending at that time be dis- ator from South Dakota. in a family business will tell you that posed of without debate in a stacked f successfully passing on a family busi- sequence beginning at 2:15 p.m. on TRIBUTE TO DONALD ‘‘COOTIE’’ ness to the next generation is much Tuesday, February 28. MASTERS more difficult than most people realize. I further ask that the time on Mon- day, February 27 and on Tuesday, Feb- Mr. PRESSLER. Mr. President, I rise Cootie not only succeeded in taking over the Journal in 1936, but also was ruary 28, prior to 12:30 p.m. be equally to pay tribute to Donald ‘‘Cootie’’ Mas- successful in operating it until well divided between the two leaders or ters, the newspaper publisher in my after his official retirement. That is no their designees, and a vote on final dis- hometown, who recently passed away. small feat. position of House Joint Resolution 1 D.J. Masters was not only a publisher Cootie’s life involved much more occur following the stacked votes be- of a weekly newspaper, he was also a than his newspaper work. He contrib- ginning at 2:15 on February 28, 1995. State legislator. He was a fine man, uted to the whole State of South Da- I further ask that no votes occur dur- and an inspiration to me. kota by serving in the State house as a ing the session of the Senate on Fri- I think that the role of the weekly representative from Minnehaha County day, February 24, and on Monday, Feb- editor in America has been overlooked. from 1936 to 1941. ruary 27, 1995. The importance of the women and men Cootie balanced his successful busi- The PRESIDING OFFICER. Without who run our smalltown newspapers is ness and political careers with devo- objection, it is so ordered. seldom recognized. tion to his family and friends. On June Mr. DOLE. Mr. President, I send the Our weekly newspapers have almost 12, 1933, he began his family by list to the desk, and also ask that it be been forgotten in this telecommuni- marrying Mildred Newton. Cootie and printed in the RECORD. cations age, when we have satellite TV, Mildred had three sons: Neal, Tom, and There being no objection, the list was when we have all the various modern Bob. Today, the Masters family in- ordered to be printed in the RECORD, as technologies. But our weekly news- cludes 7 grandchildren and 11 great- follows: papers are still there at the heart of grandchildren. I know that Cootie con- Bumpers: their communities. sidered his family to be the most pre- 1. Motion to commit to budget to amend I received the Humboldt Journal even cious blessing in his life. the Budget Act. when I was in the Army in Vietnam. Aside from his children, grand- Johnston: My mother bought me a subscription children and great-grandchildren, what 1. Impoundment. and sent it. I received the Humboldt may have kept Cootie young for so Leahy: Journal when I was away at the Uni- long was his robust enjoyment of life. 1. GAO study. versity of South Dakota and later Feingold: After college, he continued to partici- 1. Budgetary surplus; 2. Budgetary surplus; when I was a student at Oxford Univer- pate in baseball and basketball. He also 3. T.V.A.; 4. T.V.A. like agencies. sity in England, and then at Harvard loved the outdoors. An avid sportsman, Wellstone: Law School. I still get the Humboldt Cootie enjoyed fishing and hunting. He 1. Children; 2. Education; 3. Veterans; 4. Journal at home. certainly picked the right State for en- Relevant; 5. Relevant; 6. Relevant; 7. Motion You cannot get the weekly home- joying the great outdoors. to refer to Budget Committee. town paper out of the boy, I suppose What is most impressive about Coot- Rockefeller: you could say. ie is that with all of his public activi- 1. Veterans (do today). D.J. Masters was a true South Dako- Graham: ties, he is still described as a man with 1. Regarding debt; 2. Regarding debt; 3. Ef- tan. He took great pride in his work, not one enemy. fective date. his family, his community, and his Cootie was a true friend to me, to our Kennedy: faith. He was an example and inspira- community, and to our State. I will al- 1. Impoundment. tion to many. ways remember him fondly. Levin:

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2820 CONGRESSIONAL RECORD — SENATE February 16, 1995 1. Implementing language; 2. Relevant; 3. Schools Act of 1994 (Public Law 103–382)) is disqualification of many schools that Relevant; 4. Relevant. amended by striking ‘‘and’’ and inserting serve American Indian and Alaska Na- Conrad: ‘‘or’’. tive children. The Department of Edu- 1. Exemption for recessionary periods. f cation is in the process of promul- Kerry: gating regulations which do not accu- 1. Motion to commit Budget Committee; 2. S. 377 Exemption for economic recession. rately reflect the true intent of the Mr. MCCAIN. Mr. President, S. 377 is Congress. Therefore, it is imperative Hollings: a technical corrections bill in its truest 1. Relevant. that this amendment be promptly en- Dashle: form. S. 377 would amend section acted to clarify and fulfill the true in- 1. Relevant; 2. Relevant. 9112(a)(1)(A) of the Elementary and tent of the act, to improve schools for Feinstein: Secondary Education Act of 1965. S. 377 all Americans, including Indians and 1. Substitute amendment. would amend section 9112(a)(1)(A), oth- Alaska Natives. Byrd: erwise referred to as the Indian Edu- f 1. Increase taxes by majority vote; 2. In- cation Act, by striking the word ‘‘and’’ crease debt by majority vote; 3. President to and inserting the word ‘‘or.’’ This tech- MESSAGES FROM THE PRESIDENT submit an alternative budget; 4. Waiver for nical change would correct an over- Messages from the President of the war by majority vote; 5. Effective date of 2000; 6. Strike reliance on estimates; 7. In- sight that occurred during the con- United States were communicated to crease revenues by 3/5’s vote of both houses; ference of the bill. the Senate by Mr. Thomas, one of his 8. Increase tax revenues by 3/5’s vote of both Last Congress, the Committee on In- secretaries. houses; 9. Relevant. dian Affairs received testimony from f Nunn: both Indian educators and tribal orga- EXECUTIVE MESSAGES REFERRED 1. National economic emergencies; 2. Judi- nizations on proposals for the reau- cial powers. thorization of the Indian Education As in executive session the PRE- Dorgan: Act. These proposals were integrated SIDING OFFICER laid before the Sen- 1. Motion to refer regarding C.B.O. ap- into the Improving America’s School ate messages from the President of the pointment. United States submitting sundry nomi- Pryor: Act of 1994. Among these proposals was a program providing formula grants to nations which were referred to the ap- 1. Relevant. propriate committees. Dole: schools enrolling Indian children. (The nominations received today are 1. Five motions. During the House and Senate con- Daschle: printed at the end of the Senate pro- ference regarding this particular sec- ceedings.) 1. Three motions. tion of the act, discussions ensued on f whether a minimum of 10 or 20 Indian f CLOTURE MOTION VOTES children would be required in order to REPORT RELATIVE TO CHEMICAL VITIATED be eligible for these programs. The AND BIOLOGICAL WEAPONS— House bill would have required that a MESSAGE FROM THE PRESI- Mr. DOLE. Mr. President, I ask that school have at least 20 Indian children DENT—PM 19 the two cloture votes scheduled for or that the Indian children make up at Wednesday, February 22, be vitiated. The PRESIDING OFFICER laid be- least 25 percent of the student body of fore the Senate the following message The PRESIDING OFFICER. Without the school. The Senate bill would have objection, it is so ordered. from the President of the United required that a school have a minimum States, together with an accompanying f of 10 Indian children or that Indian report; which was referred to the Com- MORNING BUSINESS children make up 25 percent of the stu- mittee on Banking, Housing, and dent body of the school. The House and Urban Affairs. Senate Conferees agreed upon the Sen- To the Congress of the United States: INDIAN EDUCATION ate version which required a minimum On November 16, 1990, in light of the Mr. DOLE. Mr. President, I ask unan- of 10 Indian students or that Indian dangers of the proliferation of chem- imous consent that the Indian Affairs students make up 25 percent of the ical and biological weapons, President Committee be discharged from consid- school’s enrollment. Bush issued Executive Order No. 12735, eration of S. 377, a bill relating to In- The congressional intent behind sec- and declared a national emergency dian education and that the Senate tion 9112 clearly supports the enact- under the International Emergency proceed to its immediate consider- ment of this technical amendment. The Economic Powers Act (50 U.S.C. 1701 et ation. House and Senate debate on this sec- seq.). Under section 202(d) of the Na- The PRESIDING OFFICER. Without tion only contemplated the number of tional Emergencies Act (50 U.S.C. objection, it is so ordered. The clerk Indian children that would be required 1622(d)), the national emergency termi- will report. for funding pursuant to this section. nates on the anniversary date of its The legislative clerk read as follows: The conferees did not debate over the declaration unless the President pub- conjunction ‘‘or.’’ The side-by-side A bill (S. 377) to amend a provision of part lishes in the Federal Register and trans- A of title IX of the Elementary and Sec- analysis used by both the Senate and mits to the Congress a notice of its ondary Education Act of 1965, relating to In- House conferees supports this point. continuation. dian education, to provide a technical However, an apparent error occurred in On November 14, 1994, I issued Execu- amendment, and for other purposes. the redrafting process of the conference tive Order No. 12938, which revoked and Mr. DOLE. Mr. President, I ask unan- approved bill. The drafters inadvert- superseded Executive Order No. 12735. imous consent that the bill be deemed ently substituted the word ‘‘and’’ for As I described in the report transmit- read a third time, passed and the mo- ‘‘or.’’ As a result, the law currently ting Executive Order No. 12938, the new tion to reconsider be laid upon the states that ‘‘in order for a school to be Executive order consolidates the func- table. eligible for an Indian Education Act tions of Executive Order No. 12735, The PRESIDING OFFICER. Without formula grant, it must have 10 eligible which declared a national emergency objection, it is so ordered. students and have 25 percent of its stu- with respect to the proliferation of So the bill (S. 377) was deemed read dent population eligible for the pro- chemical and biological weapons, and the third time and passed, as follows: gram.’’ among these proposals. Executive Order No. 12930, which de- S. 377 This minor oversight will have major clared a national emergency with re- ramifications in the education of Be it enacted by the Senate and House of Rep- spect to nuclear, biological, and chem- resentatives of the United States of America in American Indian and Alaska Native ical weapons, and their means of deliv- Congress assembled, children. The current language unnec- ery. The new Executive order contin- SECTION 1. TECHNICAL AMENDMENT. essarily restricts a schools eligibility ued in effect any rules, regulations, or- Section 9112(a)(1)(A) of the Elementary and for grant funding by requiring schools ders, licenses, or other forms of admin- Secondary Education Act of 1965 (as added by to meet both criteria. Consequently, istrative action taken under the au- section 101 of the Improving America’s the existing language will result in the thority of Executive Order No. 12735.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2821 This is the final report with respect to measures are consistent with and in- Parts 768 to 799 inclusive, to continue Executive Order No. 12735. deed actively support, the requirement to regulate the activities of United This report is made pursuant to sec- under Article I of the CWC that States States persons in order to prevent their tion 204 of the International Emer- Parties never assist, in any way, the participation in activities that could gency Economic Powers Act and sec- manufacture of chemical weapons. contribute to the proliferation of weap- tion 401(c) of the National Emergencies These measures also are consistent ons of mass destruction and their deliv- Act regarding activities taken and with the undertaking in Article XI of ery means. money spent pursuant to the emer- the CWC to facilitate the fullest pos- I issued Executive Order No. 12930 gency declaration. Additional informa- sible exchange of chemical materials pursuant to the authority vested in me tion on chemical and biological weap- and related information for purposes as President by the Constitution and ons proliferation is contained in the not prohibited by the Convention, as laws of the United States of America, annual report to the Congress provided they focus solely on preventing assist- including the IEEPA, the National pursuant to the Chemical and Biologi- ance to activities banned under the Emergencies Act (NEA) (50 U.S.C. 1601 cal Weapons Control and Warfare CWC. Similarly, such efforts also sup- et seq.), and section 301 of title 3 of the Elimination Act of 1991. port existing nonproliferation obliga- United States Code. At that time, I The three export control regulations tions under the BWC. also submitted a report to the Congress issued under the Enhanced Prolifera- The United States Government deter- pursuant to section 204(b) of the IEEPA tion Control Initiative are fully in mined that one foreign individual and (50 U.S.C. 1703(b)). force and continue to be used to con- two foreign commercial entities—re- Executive Order No. 12930 was re- trol the export of items with potential spectively, Nahum Manbar, and Mana voked by Executive Order No. 12938 of use in chemical or biological weapons International Investments and Europol November 14, 1994. Executive Order No. (CBW) or unmanned delivery systems Holding Ltd.—had engaged in chemical 12938 consolidates a number of authori- for weapons of mass destruction. weapons proliferation activities that ties and eliminated certain redundant During the final 6 months of Execu- required the imposition of trade sanc- authorities. All authorities contained tive Order No. 12735, the United States tions against them, effective on July in Executive Order No. 12930 were continued to address actively in its 16, 1994. A separate determination was transferred to Executive Order No. international diplomatic efforts the 12938. made and sanctions imposed against problem of the proliferation and use of Section 204 of the IEEPA requires fol- Alberto di Salle, an Italian national, CBW. low-up reports, with respect to actions At the termination of Executive effective on August 19, 1994. Additional or changes, to be submitted every 6 Order No. 12735, 158 nations had signed information on these determinations months. Additionally, section 401(c) of the Chemical Weapons Convention will be contained in a classified report the NEA requires that the President: (CWC) and 16 had ratified it. On No- to the Congress, provided pursuant to (1) within 90 days the end of each 6- vember 23, 1993, I submitted the CWC to the Chemical and Biological Weapons month period following a declaration the Senate for its advice and consent Control and Warfare Elimination Act of a national emergency, report to the to ratification. The United States con- of 1991. Congress on the total expenditures di- tinues to press for prompt ratification Pursuant to section 401(c) of the Na- rectly attributable to that declaration; of the Convention to enable its entry tional Emergencies Act, I report that or (2) within 90 days after the termi- into force as soon as possible. We also there were no expenses directly attrib- nation of an emergency, transmit a continue to urge those countries that utable to the exercise of authorities final report to the Congress on all ex- have not signed the Convention to do conferred by the declaration of the na- penditures. This report, covering the so. The United States has remained ac- tional emergency in Executive Order period from September 29, 1994, to No- tively engaged in the work of the CWC No. 12735 during the period from No- vember 14, 1994, is submitted in compli- Preparatory Commission vember 16, 1990, through November 14, ance with these requirements. headquartered in The Hague, to elabo- 1994. Since the issuance of Executive Order rate the technical and administrative WILLIAM J. CLINTON. No. 12930, the Department of Commerce procedures for implementing the Con- THE WHITE HOUSE, February 16, 1995. has continued to administer and en- vention. f force the provisions contained in the The United States was an active par- Export Administration Regulations ticipant in the Special Conference of REPORT RELATIVE TO NUCLEAR, concerning activities by United States States Parties, held September 19–30, CHEMICAL AND BIOLOGICAL persons that may contribute to the 1994, to review the consensus final re- WEAPONS—MESSAGE FROM THE proliferation of weapons of mass de- port of the Ad Hoc Group of experts PRESIDENT—PM 20 struction and missiles. In addition, the mandated by the Third Biological The PRESIDING OFFICER laid be- Department of Commerce has con- Weapons Convention (BWC) Review fore the Senate the following message ducted ongoing outreach to educate conference. The Special Conference from the President of the United concerned communities regarding produced a mandate to establish an Ad States, together with an accompanying these restrictions. Regulated activities Hoc Group whose objective is to de- report; which was referred to the Com- may include financing, servicing, con- velop a legally binding instrument to mittee on Banking, Housing, and tracting, or other facilitation of mis- strengthen the effectiveness and im- Urban Affairs. sile or weapons projects, and need not prove the implementation of the BWC. be linked to exports or reexports of To the Congress of the United States: The United States strongly supports U.S.-origin items. No applications for the development of a legally binding On September 29, 1994, in Executive licenses to engage in such activities protocol to strengthen the Convention. Order No. 12930, I declared a national were received during the period cov- The United States maintained its ac- emergency under the International ered by this report. tive participation in the Australia Emergency Economic Powers Act No expenses directly attributable to Group (AG), which welcomed the Czech (IEEPA) (50 U.S.C. 1701 et seq.) to deal the exercise of powers or authorities Republic, Poland, and Slovakia as the with the threat to the national secu- conferred by the declaration of a na- 26th, 27th, and 28th AG members, re- rity, foreign policy, and economy of tional emergency in Executive Order spectively. The Group reaffirmed mem- the United States posed by the contin- No. 12930 were incurred by the Federal bers’ collective belief that full adher- ued proliferation of nuclear, biological, Government in the period from Sep- ence to the CWC and the BWC provides and chemical weapons, and their means tember 29, 1994, to November 14, 1994. the only means to achieve a permanent of delivery. Specifically, this order pro- WILLIAM J. CLINTON. global ban on CBW, and that all states vided necessary authority under the THE WHITE HOUSE, February 16, 1995. adhering to these conventions have an Enhanced Proliferation Control Initia- f obligation to ensure that their na- tive (EPCI), as provided in the Export tional activities support these goals. Administration Regulations, set forth MESSAGES FROM THE HOUSE The AG also reiterated its conviction in Title 15, Chapter VII, Subchapter C, At 3:49, p.m., a message from the that harmonized AG export licensing of the Code of Federal Regulations, House of Representatives, delivered by

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2822 CONGRESSIONAL RECORD — SENATE February 16, 1995 Ms. Goetz, one of its reading clerks, an- By Ms. SNOWE: COATS, Mr. MURKOWSKI, and Mr. nounced that the House has passed the S. 427. A bill to amend various Acts to es- COCHRAN): following concurrent resolution, in tablish offices of women’s health within cer- S. 439. A bill to direct the Director of the tain agencies, and for other purposes; to the which it requests the concurrence of Office of Management and Budget to estab- Committee on Labor and Human Resources. lish commissions to review regulations the Senate: By Mr. ROTH (for himself, Mr. BAUCUS, issued by certain Federal departments and H. Con. Res. 30. Concurrent resolution pro- Mr. BIDEN, Mrs. BOXER, Mr. FEIN- agencies, and for other purposes; to the Com- viding for the adjournment of the two GOLD, Mr. DODD, Mr. HARKIN, Mr. mittee on Governmental Affairs. Houses. JEFFORDS, Mr. KERRY, Mr. LAUTEN- By Mr. WARNER (for himself, Mr. f BERG, Mr. LEAHY, Mr. LIEBERMAN, CHAFEE, Mr. BAUCUS, Mr. MOYNIHAN, Mrs. MURRAY, Mr. PELL, and Mr. Mr. BOND, Mr. FAIRCLOTH, Mr. KEMP- EXECUTIVE REPORTS OF WELLSTONE): THORNE, Mr. LAUTENBERG, Mr. COMMITTEES S. 428. A bill to improve the management LIEBERMAN, Mr. INHOFE, Mr. REID, The following executive reports of of land and water for fish and wildlife pur- Mr. SMITH, Mr. LUGAR, Mrs. BOXER, poses, and for other purposes; to the Com- Mr. GRAHAM, and Mr. PELL): committees were submitted: mittee on Environment and Public Works. By Mr. THURMOND, from the Committee S. 440. A bill to amend title 23, United By Mr. BRYAN (for himself and Mr. on Armed Services. States Code, to provide for the designation of REID): the National Highway System, and for other Mr. THURMOND. Mr. President, S. 429. A bill to amend the Nuclear Waste purposes; to the Committee on Environment from the Committee on Armed Serv- Policy Act of 1982 to allow commercial nu- and Public Works. ices, I report favorably the attached clear utilities that have contracts with the By Mr. MCCAIN: listing of nominations. Secretary of Energy under section 302 of that S. 441. A bill to reauthorize appropriations Those identified with a single aster- Act to receive credits to offset the cost of for certain programs under the Indian Child isk (*) are to be placed on the Execu- storing spent fuel that the Secretary is un- Protection and Family Violence Prevention able to accept for storage on and after Janu- Act, and for other purposes; to the Com- tive Calendar. Those identified with a ary 31, 1998; to the Committee on Energy and double asterisk (**) are to lie on the mittee on Indian Affairs. Natural Resources. By Ms. SNOWE (for herself and Mr. Secretary’s desk for the information of By Ms. SNOWE: DOLE): any Senator since these names have al- S. 430. A bill to amend XIX of the Social S. 442. A bill to improve and strengthen the ready appeared in the RECORDS of Jan- Security Act to require States to adopt and child support collection system, and for uary 6 and 23, 1995 and to save the ex- enforce certain guardianship laws providing other purposes; to the Committee on Fi- pense of printing again. protection and rights to wards and individ- nance. uals subject to guardianship proceedings as a The PRESIDING OFFICER. Without By Mr. GRAMS: condition of eligibility for receiving funds S. 443. A bill to reaffirm the Federal Gov- objection, it is so ordered. under the medicaid program, and for other (The nominations ordered to lie on ernment’s commitment to electric con- purposes; to the Committee on Finance. sumers and environmental protection by re- S. 431. A bill to amend the Magnuson Fish- the Secretary’s desk were printed in affirming the requirement of the Nuclear ery Conservation and Management Act to the RECORDS of January 6 and 23, 1995 Waste Policy Act of 1982 that the Secretary authorize the Secretary of Commerce to pre- at the end of the Senate proceedings.) of Energy provide for the safe disposal of pare fishery management plans and amend- (*) Lt. Gen. Dale W. Thompson, Jr., U.S. spent nuclear fuel beginning not later than ments to fishery management plans under Air Force to be placed on the retired list in January 31, 1998, and for other purposes; to negotiated rulemaking procedures, and for the grade of lieutenant general (reference the Committee on Energy and Natural Re- other purposes; to the Committee on Com- No. 160). sources. merce, Science, and Transportation. (*) Lt. Gen. Jerry R. Rutherford, U.S. By Mr. MURKOWSKI (for himself and S. 432. A bill to amend the Magnuson Fish- Army to be placed on the retired list in the Mr. STEVENS): ery Conservation and Management Act to re- grade of lieutenant general (reference No. S. 444. A bill to amend the Alaska Native quire the Secretary of Commerce to prepare 161). Claims Settlement Act to provide for the conservation and management measures for (*) Rear Adm. John A. Lockard, U.S. Navy purchase of common stock of Cook Inlet Re- the northeast multispecies (groundfish) fish- to be vice admiral (reference No. 162). gion, and for other purposes; to the Com- ery under negotiated rulemaking procedures, (**) In the Air Force there are 5 pro- mittee on Energy and Natural Resources. and for other purposes; to the Committee on motions to the grade of colonel and below By Mr. D’AMATO (for himself, Mr. Commerce, Science, and Transportation. (list begins with Alan L. Christensen) (ref- MACK, Mr. BENNETT, Mr. FAIRCLOTH, erence No. 166). By Mr. KERRY: S. 433. A bill to regulate handgun ammuni- and Mr. BRYAN): (**) In the Army Reserve there are 29 pro- S. 445. A bill to expand credit availability motions to the grade of colonel and below tion, and for other purposes; to the Com- mittee on the Judiciary. by lifting the growth cap on limited service (list begins with Rodger T. Hosig) (reference financial institutions, and for other pur- No. 167). By Mr. KOHL: S. 434. A bill to amend the Internal Rev- poses; to the Committee on Banking, Hous- (**) In the Army Reserve there is 1 ap- ing, and Urban Affairs. pointment to the grade of lieutenant colonel enue Code of 1986 to increase the deduct- By Mr. INOUYE (for himself, Mr. HAT- (Frederick B. Brown) (reference No. 168). ibility of business meal expenses for individ- FIELD, Mr. LEVIN, Mr. D’AMATO, Mr. (**) In the Navy there are 3 appointments uals who are subject to Federal limitations AKAKA, Mr. COCHRAN, Mr. DODD, Mr. to the grade of ensign (lists begins with the on hours of service; to the Committee on Fi- GRASSLEY, Mr. HATCH, Mr. HEFLIN, James P. Screen III) (reference No. 169). nance. Mr. HOLLINGS, Mr. KENNEDY, Ms. MI- (**) In the Air Force there are 662 pro- By Mr. FAIRCLOTH: KULSKI, Mr. MOYNIHAN, Mr. ROBB, and motions to the grade of colonel and below S. 435. A bill to provide for the elimination Mr. SIMON): (list begins with Barrett W. Bader) (reference of the Department of Housing and Urban De- velopment, and for other purposes; to the S. 446. A bill to require the Secretary of No. 170). the Treasury to mint coins in commemora- (**) In the Air Force Reserve there are 60 Committee on Banking, Housing, and Urban tion of the public opening of the Franklin promotions to the grade of colonel (list be- Affairs. Delano Roosevelt Memorial in Washington, gins with Jonathan E. Adams) (reference No. By Mr. CAMPBELL (for himself, Mr. D.C; to the Committee on Banking, Housing, 171). INOUYE, Mr. MCCAIN, and Mr. and Urban Affairs. (**) In the Air Force Reserve there are 202 DASCHLE): By Mr. INHOFE (for himself and Mr. promotions to the grade of colonel (list be- S. 436. A bill to improve the economic con- NICKLES): gins with Timothy L. Anderson) (reference ditions and supply of housing in Native S. 447. A bill to provide tax incentives to No. 172). American communities by creating the Na- encourage production of oil and gas within (**) In the Army Reserve there are 1,371 tive American Financial Services Organiza- the United States, and for other purposes; to promotions to the grade of lieutenant colo- tion, and for other purposes; to the Com- the Committee on Finance. nel (list begins with Ronnie Abner) (ref- mittee on Indian Affairs. By Mr. GRASSLEY (for himself, Mr. erence No. 173). By Ms. SNOWE: PRYOR, and Mr. REID): Total: 2,336. S. 437. A bill to establish a Northern Bor- der States-Canada Trade Council, and for S. 448. A bill to amend section 118 of the In- INTRODUCTION OF BILLS AND other purposes; to the Committee on Fi- ternal Revenue Code of 1986 to provide for JOINT RESOLUTIONS nance. certain exceptions from rules for deter- S. 438. A bill to reform criminal laws, and mining contributions in aid of construction, The following bills and joint resolu- for other purposes; to the Committee on the and for other purposes; to the Committee on tions were introduced, read the first Judiciary. Finance. and second time by unanimous con- By Mr. THOMAS (for himself, Mr. By Mr. SIMON (for himself and Ms. sent, and referred as indicated: LOTT, Mr. SIMPSON, Mr. INHOFE, Mr. MOSELEY-BRAUN):

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2823 S. 449. A bill to establish the Midewin Na- ters for Disease Control, the Agency and subarctic ecosystems comes to- tional Tallgrass Prairie in the State of Illi- for Health Care Policy and Research, gether—but it is a vital part of our na- nois, and for other purposes; to the Com- the Health Resources and Services Ad- tional consciousness. It is a place we mittee on Armed Services. ministration, and the Food and Drug can cherish and visit for our soul’s By Mr. GRASSLEY: S. 450. A bill for the relief of Foad Miahi- Administration. good. It offers us a sense of well-being Neysi and his wife, Haiedeh Miahi-Neysi; to The directors of these offices of wom- and promises that not all dreams have the Committee on the Judiciary. en’s health will assess the current level been dreamt. By Mr. NICKLES (for himself, Mr. of activity regarding women’s health The Alaskan wilderness is a place of INHOFE, and Mr. DOLE): within their respective agencies, estab- outstanding wildlife, wilderness and S. 451. A bill to encourage production of oil lished short-range and long-range goals recreation, a land dotted by beautiful and gas within the United States by pro- and objectives for women’s health, forests, dramatic peaks and glaciers, viding tax incentives and easing regulatory identify projects in women’s health gentle foothills, and undulating tun- burdens, and for other purposes; to the Com- mittee on Finance. that should be conducted or supported, dra. It is untamed—rich with caribou, By Mr. MOYNIHAN (for himself and consult with health professionals, non- polar bear, grizzly, wolves, musk oxen, Mr. DASCHLE) (by request): governmental organizations, consumer Dall sheep, moose, and hundreds of S. 452. A bill to amend the Internal Rev- organizations, and other appropriate thousands of birds—snow geese, tundra enue Code of 1986 to provide tax relief for the groups on their agency’s women’s swans, black brant, and more. In all, middle class; to the Committee on Finance. health policies, and coordinate agency about 165 species use the coastal plain. By Mr. MOYNIHAN (for himself and activities on women’s health. It is an area of intense wildlife activ- Mr. DASCHLE) (by request): Congress has already taken a first ity. Animals give birth, nurse and feed S. 453. A bill to amend the Internal Rev- step in recognizing that women’s enue Code of 1986 to modify the eligibility their young, and set about the critical criteria for the earned income tax credit, to unique health needs should be ad- business of fueling up for winters of un- improve tax compliance by United States dressed separately. In the 103d Con- speakable severity. persons establishing or benefiting from for- gress, the 1993 NIH revitalization bill The fact is, Mr. President, there are eign trusts, and for other purposes; to the established an Office of Woman’s parts of this Earth where it is good Committee on Finance. Health within the National Institutes that man can come only as a visitor. By Mr. MCCONNELL (for himself, Mr. of Health. We must build upon that These are the pristine lands that be- LIEBERMAN, and Mrs. KASSEBAUM): progress in the 104th Congress. long to all of us. And perhaps most im- S. 454. A bill to reform the health care li- For too long, women have been sys- portantly, these are the lands that be- ability system and improve health care qual- ity through the establishment of quality as- tematically excluded from medical re- long to our future. surance programs, and for other purposes; to search studies, received less aggressive Considering the many reasons why the Committee on Labor and Human Re- treatment for heart disease and other this bill is so important, I came across sources. serious ailments, and lacked access to the words of the great western writer, By Mr. KEMPTHORNE (for himself and important preventive services. By Wallace Stegner. Referring to the land Mr. CRAIG): statutorily establishing offices of we are trying to protect with this leg- S. 455. A bill to clarify the procedures for Women’s Health in Federal agencies islation, he wrote that it is ‘‘the most consultation under the Endangered Species which research and disseminate infor- splendid part of the American habitat; Act on management plans for, and specific it is also the most fragile.’’ And we activities on, federal lands, and for other mation about health, we ensure that purposes; to the Committee on Environment women’s needs and concerns will be cannot enter ‘‘it carrying habits that and Public Works. given the consideration they deserve.∑ [are] inappropriate and expectations By Mr. BRADLEY (for himself, Mr. that [are] surely excessive.’’ DODD, Mr. ROCKEFELLER, Mr. CHAFEE, By Mr. ROTH (for himself, Mr. The expectations for oil exploration Mrs. FEINSTEIN, Ms. SNOWE, Mr. BAUCUS, Mr. BIDEN, Mrs. BOXER, in this pristine region are excessive. LIEBERMAN, and Mr. DORGAN): Mr. FEINGOLD, Mr. DODD, Mr. There is only a one-in-five chance of S. 456. A bill to improve and strengthen the HARKIN, Mr. JEFFORDS, Mr. finding any economically recoverable child support collection system, and for KERRY, Mr. LAUTENBERG, Mr. oil in the refuge. And if oil is found, other purposes; to the Committee on Fi- LEAHY, Mr. LIEBERMAN, Mrs. nance. the daily production of 400,000 barrels MURRAY, Mr. PELL, and Mr. per day is less than .7 percent of world f WELLSTONE): production—far too small to meet SUBMISSION OF CONCURRENT AND S. 428. A bill to improve the manage- American’s energy needs for more than SENATE RESOLUTIONS ment of land and water for fish and a few months. The following concurrent resolutions wildlife purposes, and for other pur- In other words, Mr. President, there and Senate resolutions were read, and poses; to the Committee on Environ- is much more to lose than might ever referred (or acted upon), as indicated: ment and Public Works. be gained by tearing this frontier THE FISH AND WILDLIFE MANAGEMENT ACT OF apart. Already, some 90 percent of By Ms. SNOWE: 1995 S. Con. Res. 8. A concurrent resolution ex- Alaska’s entire North Slope is open to pressing the sense of the Congress on the ∑ Mr. ROTH. Mr. President, I read re- oil and gas leasing and development. need for accurate guidelines for breast can- cently that ‘‘the best thing we have Let’s keep this area as the jewel amid cer screening for women ages 40–49, and for learned from nearly 500 years of con- the stones. other purposes; to the Committee on Labor tact with the American wilderness is What this bill offers—and what we and Human Resources. restraint,’’ the need to stay our hand need—is a brand of pragmatic f and preserve our precious environment environmentalism, an environmental STATEMENTS ON INTRODUCED and future resources rather than de- stewardship that protects our impor- BILLS AND JOINT RESOLUTIONS stroy them for momentary gain. tant wilderness areas and precious re- With this in mind, I offer legislation sources, while carefully and judiciously By Ms. SNOWE: today that designates the coastal plain weighing the short-term desires or our S. 427. A bill to amend various acts to of Alaska as wilderness area. At the country against its long-term needs. establish offices of women’s health moment this area is a national wildlife together, we need to embrace envi- within certain agencies, and for other refuge, one of our beautiful and last ronmental policies that are workable purposes; to the Committee on Labor frontiers. By changing its designation, and pragmatic, policies based on the and Human Resources. Mr. President, we can protect it for- desire to make the world a better place THE WOMEN’S HEALTH OFFICES ACT OF 1995 ever. for us and for future generations. I be- ∑ Ms. SNOWE. Mr. President, today I And I can’t stress how important this lieve a strong economy, liberty, and am introducing legislation to focus at- is. progress are possible only when we tention on the special health needs of The Alaskan wilderness area is not have a healthy planet—only when re- women by establishing offices of Wom- only a critical part of our earth’s eco- sources are managed through wise en’s Health within the Office of the As- system—the last remaining region stewardship—only when an environ- sistant Secretary for Health, the Cen- where the complete spectrum of arctic mental ethic thrives among nations

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2824 CONGRESSIONAL RECORD — SENATE February 16, 1995 and only when people have frontiers waste is removed from the reactor political muscle with one purpose: to that are untrammeled and able to host sites, the nuclear industry’s commit- make Nevada the final destination for their fondest dreams.∑ ment to finding a permanent solution their toxic and highly dangerous waste. to the waste problem will vanish. And Even if we concede, which we do not, By Mr. BRYAN (for himself and since it is the nuclear power industry’s that there is a need for a centralized Mr. REID): obsession with moving this waste off interim storage facility, there is no de- S. 429. A bill to amend the Nuclear the reactor sites that drives the Fed- fensible reason to site the facility in Waste Policy Act of 1982 to allow com- eral Civilian Nuclear Waste Program, Nevada. A simple look at a map easily mercial nuclear utilities that have con- the Federal commitment to permanent shows that Nevada is one of the least tracts with the Secretary of Energy storage will vanish as well. central sites to store nuclear waste. under section 302 of that act to receive The nuclear power industry as much The great majority of the reactor sites credits to offset the cost of storing as concedes this—every version of their producing high-level waste are east of spent fuel that the Secretary is unable interim storage legislation I am aware the Mississippi—93 reactors out of the to accept for storage on and after Jan- of provides for licensing the interim U.S. total of 118. uary 31, 1998; to the Committee on En- site for 100 years, subject to renewal. Shipping thousands of tons of high ergy and Natural Resources. The permanent repository program is level waste to Nevada will create dra- THE INDEPENDENT SPENT NUCLEAR FUEL a failure. The nuclear power industry matic threats to the safety of commu- STORAGE ACT OF 1995 and its advocates, including the De- nities throughout the United States. Mr. BRYAN. Mr. President, I rise partment of Energy, have created a An analysis of one proposal supported today to introduce again legislation I program which was bound to fail. Care- by the nuclear power industry reveals have introduced in each of the past two less science, poor management, unrea- that interim storage in Nevada will re- Congresses, the Independent Spent Nu- sonable deadlines and timetables, and quire 15,000 shipments by rail and clear Fuel Storage Act. the ill-fated decision to pursue only truck through 43 States to begin as As many of my colleagues are aware, one site for characterization, thus leav- early as 1998 and continue for 30 years. since 1987, contrary to Nevada State ing the program with no options or al- Interim storage in Nevada is not the law, and against the wishes of the vast ternatives, have all contributed to the answer to the nuclear power industry’s majority of Nevadans, Nevada has been failure of the program. waste problem. The responsible answer the sole site considered for the ulti- The industry’s suggestion to build an to the waste problem, if the nuclear mate disposal of the United States’ interim storage facility in Nevada is utilities choose to continue to run high-level nuclear waste. simply one more in a long series of ir- their reactors, is on-site, dry cask stor- Today, in spite of the expenditure of responsible and ill-founded proposals age. billions of dollars, the Yucca Mountain by the nuclear power industry to solve Unfortunately, most nuclear utilities site is no closer to accepting waste their high level waste problem at the appear to be unwilling to develop dry from our Nation’s nuclear reactors expense of the health and safety of all cask storage facilities for a variety of than it was 13 years ago, when the Nu- Nevadans. reasons, both political and financial. clear Waste Policy Act of 1982 was en- I will concede that the nuclear power There is not much we can do about acted. industry has a waste problem. I strong- the local political opposition faced by I strongly oppose the purely political ly object, however, to the industry’s utilities. The utilities, and commu- decision made by Congress in 1987 to solution, which is simply to send their nities, that benefited from the oper- identify Yucca Mountain as the sole problem, their waste to Nevada. ation of the powerplant should bear re- site to be characterized for a perma- The question arises, do we need a sponsibility for their own waste. High- nent repository. Now that the perma- centralized interim storage site? If we level waste storage is not popular, and nent repository program is an obvious are truly talking about interim stor- there are political costs to the utilities failure, with the Department of Energy age, the answer is obviously no. for living up to their responsibilities. saying there is no hope of opening any A few nuclear utilities, looking at Asking Nevada to solve the political type of storage facility before 2010, the the future uncertainty of the Federal problems in the communities they nuclear power industry and its allies nuclear waste program, have done the serve places the nuclear utilities on have conceived a new strategy. responsible thing and built interim dry completely indefensible ground. The Contrary to all objective scientific cask storage at the reactor site. In dry outright hypocrisy of the nuclear judgment, and general common sense, cask storage, spent fuel assemblies are power industry’s advocates, and their the nuclear industry’s new effort is to removed from the reactor pools and shameless attempts to exert political instruct the DOE to build an interim stored in various systems of canisters, influence to solve complex scientific storage facility at the Yucca Mountain casks, and concrete shells. and environmental problems, has cre- site. As offensive as the 1987 act, com- I recently visited one of these dry ated an atmosphere of complete dis- monly referred to in Nevada as the cask storage facilities, at Calvert Cliffs trust and antagonism for the industry ‘‘screw Nevada bill,’’ was, the new ef- in Maryland, and, I must say, I was im- in Nevada. fort of the nuclear power industry is pressed by the simplicity and effi- There are also financial barriers to even more of an outrage to Nevadans. ciency of the spent fuel management on-site, dry cask storage. Ratepayers The nuclear power industry’s newest operation. It is a responsible action have been making contributions to the proposal is nothing less than a direct taken by the industry, and I commend nuclear waste trust fund with the ex- assault on the health and safety of Ne- their example to others. The Calvert ception that the Federal Government vadans. Frustrated by its inability to Cliffs dry cask storage program pro- will dispose of their nuclear waste. I overcome the insurmountable safety vides a reasonable solution to the in- am somewhat sympathetic to the rate- concerns raised in relation to a perma- terim storage problem, the spent fuel is payers’ concerns. The Federal disposal nent repository, the industry is now stored on site, where security and safe- program is a failure. seeking to circumvent the objections ty precautions already exist, until a The civilian nuclear waste program of credible, objective scientists to a safe plan for the long-term disposition has been so poorly managed, and so permanent repository at Yucca Moun- of the waste can be finalized. misguided, that Congress has had good tain. A centralized interim storage facility reason not to release the full balance of I am convinced, like many others, is simply not needed, or desirable. The the trust fund to the program. The that any centralized interim storage original Nuclear Waste Policy Act rec- ratepayers deserve some financial re- facility will become the de facto per- ognized this fact, and placed restric- lief while the Federal Government at- manent repository. tions on the DOE’s authority to accept tempts to meet its obligations, and Funding for an interim storage pro- responsibility for interim storage. The while the utilities invest the needed gram will necessarily come at the ex- nuclear power industry, faced with the capital to store their own waste. pense of the permanent repository pro- reality of the failure to build a perma- The legislation I am introducing gram. The expression ‘‘out of sight, out nent repository at Yucca Mountain, is today recognizes the nuclear power in- of mind’’ could not be truer. Once the now engaged in yet another exercise of dustry’s need for interim storage, as

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2825 well as the financial impact on rate- guardianship; adequate court moni- restore the confidence of New England payers caused by delays in the reposi- toring; and standards, training and fishermen in the credibility of the Fed- tory program. The legislation provides oversight for guardians. eral fisheries management process by credits against utilities’ payments to This legislation will help to protect giving them and other citizens with an the nuclear waste trust fund for costs the most vulnerable elderly and dis- interest in fisheries the ability to par- incurred for on-site, dry cask storage. abled from exploitation, and will help ticipate directly in that process. The legislation provides an equitable to assure them the highest possible au- My bills bring the concept of nego- solution to a difficult problem. It rec- tonomy. I hope my colleagues will join tiated rulemaking or regulatory nego- ognizes the financial contributions of me in supporting this bill.∑ tiation to fisheries management. The the utilities’ ratepayers to the trust concept was established in Federal law fund, and recognizes the reality that a By Ms. SNOWE: by the negotiated Rulemaking Act of permanent repository will not be avail- S. 431. A bill to amend the Magnuson 1990. Under negotiated rulemaking, able to meet the needs of the nuclear Fishery Conservation and Management representatives of all stakeholder power industry. Act to authorize the Secretary of Com- groups involved in a dispute negotiate Mr. President, together with their merce to prepare fishery management directly on the regulatory solution advocates in Congress and the Depart- plans and amendments to fishery man- with the aid of a professional ment of Energy, the nuclear power in- agement plans under negotiated rule- facilitator. It provides a collaborative, dustry has spared no expense or effort making procedures, and for other pur- consensus-based dispute resolution tool in moving its waste to Nevada. I have poses; to the Committee on Commerce, that agencies can use to develop poten- attempted to fight the industry at Science, and Transportation. tially controversial regulations. If the every turn. S. 432. A bill to amend the Magnuson negotiating group can reach consensus, I hope that Congress will not take Fishery Conservation and Management then the agency can propose the agree- the failure of the permanent repository Act to require the Secretary of Com- ment as a new regulation or rule. Nego- program as a signal to bow to the nu- merce to prepare conservation and tiated rulemaking has been used— clear power industry once again, and management measures for the north- sometimes successfully, sometimes un- accelerate plans to store nuclear waste east multispecies—groundfish—fishery successful—by other Federal agencies, in Nevada, but instead to take this op- under negotiated rulemaking proce- and it is time that this tool be made portunity to find an equitable solution dures, and for other purposes; to the available in the fisheries management to a difficult problem which does not Committee on Commerce, Science, and process. threaten the health and safety of fu- Transportation. The first bill that I have introduced ture generations of Nevadans. NEGOTIATED RULEMAKING FOR FISHERIES today gives the Secretary of Commerce I urge my colleagues to support the LEGISLATION explicit authority to use negotiated legislation I am introducing today. ∑ Ms. SNOWE. Mr. President, as many rulemaking to develop fishery manage- stories in the national media have re- ment plans or plan amendments. Under By Ms. SNOWE: ported, the New England groundfish in- the Magnuson Act, the Secretary can S. 430. A bill to amend title XIX of dustry is now facing the most difficult only submit management plans or plan the Social Security Act to require challenges in its long history. Sci- amendments under limited cir- States to adopt and enforce certain entists report that once plentiful cumstances which preclude his flexi- guardianship laws providing protection stocks of cod, haddock, flounder, and bility in using this important tool ef- and rights to wards and individuals other fish species have reached historic fectively. Also, negotiated rulemaking subject to guardianship proceedings as lows. In response to these stock assess- is specifically used to develop rules, a condition of eligibility for receiving ments, the New England Fishery Man- but fishery management plans are not funds under the Medicaid Program, and agement Council has approved severe technically rules. My bill removes for other purposes; to the Committee restrictions on fishing that will prob- these potential obstacles and clears the on Finance. ably force many fishermen out of busi- way for the Secretary to use this dis- THE GUARDIANSHIP RIGHTS AND ness. These restrictions include a 5- pute resolution tool on controversial RESPONSIBILITIES ACT year program to cut fishing efforts in issues. ∑ Ms. SNOWE. Mr. President, today I half, mandatory use of large-mesh nets, The second bill directs the Secretary am introducing the Guardianship a moratorium on new entrants into the to use negotiated rulemaking in the Rights and Responsibilities Act of 1995, fishery, and the emergency closure of specific case of the New England which establishes a bill of rights for large areas on the George’s Bank fish- groundfish fishery. Alternative dispute adults who, because of physical or men- ing grounds off Massachusetts. resolution is used more and more com- tal incapacity, become wards of the Most fishermen in Maine recognize monly in lieu of the traditional adver- courts. that the groundfish stocks are low and sarial regulatory process, and I believe Wards are individuals whose legal that effective conservation measures that it should be tried in the case of rights, decisionmaking authority and are needed to help rebuild the fishery. the New England groundfish issue. possessions have been transferred to But too many fishermen also believe These bills do not directly affect any the control of a guardian or conser- that the specific program approved by existing fisheries management pro- vator based on a judgment that the the council will not succeed at restor- grams, or impose new management person is no longer capable of handling ing groundfish populations, and will measures. They only offer an alter- these affairs. This legal system se- place unnecessary economic burdens on native route for devising plans that verely limits an individual’s personal working fishermen. In their view, the will restore fish stocks off the coast of autonomy and has considered problems council, despite public hearings, dis- New England and other parts of the and widespread abuses. Horror stories missed too many of their recommenda- country. They could lead to new man- abound about guardians who force un- tions despite the fact that they and agement measures that not only do a necessary nursing home care, embezzle others before them have been fishing better job of rebuilding fish stocks, but assets, or otherwise abuse their wards. the waters off New England for three do so in a manner that minimizes the The Guardianship Rights and Re- centuries. In short, they have no sup- economic impact on fishermen and sponsibilities Act of 1995 would require port for or confidence in the council- coastal communities, and in a manner States to adopt and enforce laws to developed management program under that gains the confidence and support provide basic protection and rights to which they must operate. of most fishermen. Surely, given the wards as a condition of receiving Fed- The success of any regulatory pro- extremely high stakes in an area like eral Medicaid funds. It would assure gram depends in large part on the con- New England these days, we must ex- due process protections such as coun- fidence of the regulated community plore every opportunity, every possi- sel, the right to be present at their pro- that the action takes their views into bility, for achieving such critically im- ceedings and to appeal decisions. Also account, will achieve its ends, and is portant results.∑ required would be: clear and convincing sensible and necessary. I am intro- evidence to determine the need for a ducing legislation today that aims to By Mr. KERRY:

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2826 CONGRESSIONAL RECORD — SENATE February 16, 1995 S. 433. A bill to regulate handgun am- purchaser of ammunition will have to gress specifically exempts by law; and munition, and for other purposes; to pass a background check before ammu- those bullets that are proven by their the Committee on the Judiciary. nition could be sold to him or her. manufacturer at its expense to have a THE AMMUNITION SAFETY ACT OF 1995 These regulations would be a vital tool destructive rating below the armor- ∑ Mr. KERRY. Mr. President, no gun to law enforcement in investigating piercing threshold. works without a bullet. Yet for no good crime, and would provide equity to a By setting the legal standard at the reason, Congress in the early 1980’s re- system that currently monitors and re- armor-piercing threshold, all armor- pealed laws that regulate ammunition. stricts the flow of guns, but— piercing bullets would be illegal. And And while a background check is re- inexplicably—not of ammunition. there is an additional advantage to set- quired to stop felons from purchasing Third, the bill expands the definition ting a legal threshold in this fashion: guns, no such background check is re- of illegal armor-piercing handgun am- The threshold would ban more than quired to stop them from buying am- munition to include any new conceiv- armor-piercing bullets. It would ban munition for the guns they may al- able kind of armor-piercing bullet. The any new, sick, perverse bullet that has ready have. bill establishes a new method to ac- yet to be invented that explodes on im- In the meantime, bullets are getting complish this goal. pact, that turns to shrapnel, that does meaner and more deadly. Law enforce- To date, no law has been able to ef- things today’s technology cannot yet ment officers know all too well of the fectively ban all armor-piercing bul- fathom, or that by any other means is danger they face each and every time a lets. You can’t ban what you can’t de- exceptionally destructive. gun is pointed at them. fine because vague laws are constitu- Setting a legal standard this way Advances in technology only promise tionally void—and definitions to date draws a hard and fast line between to make matters worse. When a large have failed to cover all armor-piercing those bullets currently on the market percentage of gun-related deaths in- bullets. All that existing law does is and future bullets that do more dam- volve handguns, and a large percentage ban bullets based on the materials of age than we can imagine today. This of gun related deaths is accidental, it is which they are made—consequently, bills says that America is satisfied that insane for the public to fear the cre- bullets made of hard metals are ille- the bullets of today are dangerous ation of new, more destructive bullets. gal—in the hope that this definition enough, and America will tolerate no The fact is 157 police officers and will blanket most armor-piercing bul- greater likelihood of accidental death State troopers were killed in this coun- lets. But the existing composition- as a result of new bullets. try last year. Five lost their lives in based definition fails to prevent the This bill recognizes the fact that reg- ulating only weapons is naive. Among my home State of Massachusetts. sale of certain bullets that pierce other reasons, guns last centuries, but And more than 200 people die from armor—like large lead bullets that ammunition has a shelf-life of not the accidental use of handguns every aren’t intended for handguns but can much more than 20 years. Felons who year. In 1992 alone, 233 accidental be used in them—or the invention of want to kill will always be able to find deaths occurred because of handguns. new armor-piercing bullets—for exam- guns, but have to come out of the This included 6 babies, 36 kids under ple, a plastic bullet hard enough to woodwork to purchase ammunition. the age of 14, and 8 senior citizens, 2 of pierce armor. When they do, this bill will be there to whom were over the age of 80. This bill calls on the Treasury De- In light of these sad and disturbing stop them. partment to define armor-piercing bul- Of course, felons can make bullets at facts, there is no good reason to have lets not by what they are but by what home, but it isn’t easy, it isn’t cheap, ever more dangerous bullets on the they are not. Fulfilling this new re- and it isn’t safe. Mr. President, I recog- market. And there is every good reason sponsibility would entail four steps. nize that there is a limit to what the to keep off our streets and out of our First, within 1 year, the Treasury De- Government can do to stop gun vio- homes bullets that supply handguns partment is charged with determining lence and accidental death. But today, with the destructive power of assault a standard test to ascertain the de- the Government is shirking its respon- weapons. structive capacity of any and all bul- sibility. This bill is a vital first step to- That is why the Ammunition Safety lets. This will probably result in some- ward ensuring that the Government Act of 1995 does two things: it reestab- thing along the lines of a rating system does what is necessary to save lives. lishes reasonable regulations for the equal to the width times the depth of The law enforcement community and sale of handgun ammunition, and it the hole a projectile bores in a block of the public will never again have to outlaws all exceedingly destructive gelatin when it is shot with no extra react to advertisements like the one handgun ammunition—whether or not powder from a standard Colt .45 at a for the infamous Rhino bullet. This add such ammo has been invented yet—by distance of 10 feet. states: expanding and updating the ban on Second, utilizing this destructive rat- The Rhino inflicts a wound of 8 inches in armor-piercing handgun ammunition. ing test, the Treasury Department diameter. Each of these fragments becomes This bill would provide a weapon for would then determine a rating thresh- lethal shrapnel and is hurled into vital or- law enforcement to crack down on old which would be the rating of the gans, lungs, circulatory system components, crime and would make ordinary people least destructive bullet to pierce to- the heart and other tissues. The wound chan- safer from handgun violence and acci- day’s standard body armor. nel is catastrophic. * * * Death is nearly in- dental shootings. The bill accomplishes Third, all manufacturers of bullets stantaneous. these goals in three steps. for sale in the United States would be If this bill is enacted, opportunistic First, the bill reinstates and required to cover the costs incurred by manufacturers like the man who cre- strengthens ammunition control lan- the Treasury Department in testing ated the Rhino will have nothing to guage that Congress repealed during and determining the destructive rating gain from advertising the dramatic in- the Reagan era. It would require deal- of every existing bullet available on novations of their bullets. If an adver- ers of handgun ammunition to be li- the market. tisement claims that a new bullet is censed by the Federal Government. It Fourth, this bill would make it ille- unusually destructive, the public will would restrict interstate sale and gal to manufacture, sell, import, use, know that the advertisement is either transportation of handgun ammunition or possess any bullet—existing or an outright lie or that the product is to licensed dealers. And it would dou- newly invented—that has a destructive illegal. Either way, the public will ble the maximum penalties for sale to rating equal to or higher than the know in advance that no such bullet and for possession of handgun ammuni- armor-piercing threshold. This would will ever hit the street, and the public tion by felons and persons under age 21. be in addition to the existing composi- will have no cause for hysteria. Second, the bill would apply Brady tion-based definition. When this bill becomes law, no new bill provisions to handgun ammuni- This bill contains reasonable exemp- bullets that are more dangerous than tion. To prevent the sale of handgun tions. Those bullets exclusively manu- those of today will make it to market. ammunition to felons, once the nation- factured for law enforcement would be When this bill becomes law, those bul- wide, instantaneous background check exempt; so would be those bullets de- lets that are on the market won’t end the Brady bill created is in place, every signed for sporting purposes that Con- up in the wrong hands.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2827 This bill is a solid step toward re- MUNITION.—Section 922(t) of title 18, United ficult stand on the deficit. In August of turning sanity and safety to our Na- States Code, is amended by inserting ‘‘or am- that year we passed the omnibus budg- tion’s streets and household. The Gov- munition’’ after ‘‘firearm’’ each place it ap- et reconciliation bill. I am proud to ernment has no greater responsibility pears. stand here today and say that that leg- than to work toward this goal. SEC. 3. REGULATION OF ARMOR PIERCING AND NEW TYPES OF DESTRUCTIVE AM- islation has helped to produce falling I welcome the support of colleagues MUNITION. deficits and sustained economic who share my concerns, as many do. I (a) TESTING OF AMMUNITION.—Section growth. urge them to join me in sponsoring this 921(a)(17) of title 18, United States Code, is As my colleagues know, I am one of legislation. amended— this body’s strongest advocates for def- Mr. President, I ask unanimous con- (1) by redesignating subparagraph (D), as icit reduction. I attribute much of my sent that the full text of the legislation added by section 2(e)(2), as subparagraph (E); deep commitment to this goal to my appear in the RECORD. and days in business. As a businessman, I There being no objection, the bill was (2) by inserting after subparagraph (C) the following new subparagraph: learned that you must balance your ordered to be printed in the RECORD, as books and live within your means. I follows: ‘‘(D)(i) Notwithstanding subchapter II of chapter 5 of title 5, United States Code, not also learned that you must treat people S. 433 later than 1 year after the date of enactment fairly, and admit when you make a Be it enacted by the Senate and House of Rep- of this subparagraph, the Secretary shall— mistake. I have come to the floor today resentatives of the United States of America in ‘‘(I) establish uniform standards for testing to once again acknowledge that a mis- Congress assembled, and rating the destructive capacity of pro- take was made in the 1993 reconcili- SECTION 1. SHORT TITLE. jectiles capable of being used in handguns; ation bill; a mistake which must be This Act may be cited as the ‘‘Ammunition ‘‘(II) utilizing the standards established Safety Act of 1995’’. pursuant to subclause (I), establish perform- corrected. SEC. 2. DEALERS OF AMMUNITION. ance-based standards to define the rating of During consideration of the reconcili- (a) DEFINITION.—Section 921(a)(11)(A) of ‘armor piercing ammunition’ based on the ation bill, I opposed tax increases on title 18, United States Code, is amended by rating at which the projectiles pierce armor; working middle- and lower-income inserting ‘‘or ammunition’’ after ‘‘firearms’’. and Americans. However, in fighting to (b) LICENSING.—Section 923(a) of title 18, ‘‘(III) at the expense of the ammunition eliminate increases in broad taxes on United States Code, is amended— manufacturer seeking to sell a particular middle- and lower-income Americans, (1) in the matter preceding paragraph (1) type of ammunition, test and rate the de- by striking ‘‘or importing or manufacturing Congress overlooked a provision which structive capacity of the ammunition uti- places a hidden tax on those hard- ammunition’’ and inserting ‘‘or importing, lizing the testing, rating, and performance- manufacturing, or dealing in ammunition’’; based standards established under subclauses working Americans who work in the and (I) and (II). transportation sector. It is for this rea- (2) in paragraph (3)— ‘‘(ii) The term ‘armor piercing ammuni- son that I rise today to reintroduce the (A) in subparagraph (A), by striking ‘‘or’’ tion’ shall include any projectile determined business meal deduction fairness bill. the last place it appears; to have a destructive capacity rating higher Included in the 1993 reconciliation (B) in subparagraph (B), by striking the pe- than the rating threshold established under bill was a provision which lowered the riod at the end and inserting ‘‘; or’’; and subclause (II), in addition to the composi- (C) by inserting the following new subpara- deductible portion of business meals tion-based determination of subparagraph and entertainment expenses from 80 to graph: (B). ‘‘(C) in ammunition other than ammuni- ‘‘(iii) The Congress may exempt specific 50 percent. On the surface, this seems tion for destructive devices, $10 per year.’’. ammunition designed for sporting purposes only a tax on those rich enough to (c) UNLAWFUL ACTS.—Section 922(a)(1)(A) of from the definition of ‘armor piercing am- spend their lunchtimes in luxury res- title 18, United States Code, is amended— munition’.’’. taurants and their nighttimes on lux- (1) in paragraph (1)— (b) PROHIBITION.—Section 922(a) of title 18, ury yachts. But contrary to popular be- (A) in subparagraph (A)— United States Code, is amended— lief, the business meal deduction is not (i) by inserting ‘‘or ammunition’’ after (1) in paragraph (7)— ‘‘firearms’’; and only used by lobbyists and fat cats for (A) by striking ‘‘or import’’ and inserting three-martini lunches. Due to regula- (ii) by inserting ‘‘or ammunition’’ after ‘‘, import, possess, or use’’; ‘‘firearm’’; and (B) in subparagraph (B), by striking ‘‘and’’; tions limiting travel hours, many (B) in subparagraph (B), by striking ‘‘or li- (C) in subparagraph (C), by striking the pe- transportation workers must eat out. censed manufacturer’’ and inserting ‘‘li- riod at the end and inserting ‘‘; and’’; and That means the reduced business meal censed manufacturer, or licensed dealer’’; (D) by adding at the end the following new deduction is a tax on workers who have (2) in paragraph (2), in the matter pre- subparagraph: no control over the length of their ceding subparagraph (A), by inserting ‘‘or ‘‘(D) the manufacture, importation, or use ammunition’’ after ‘‘firearm’’; trips, the amount of time they must of any projectile that has been proven, by rest during a delivery, or, in many (3) in paragraph (3), by inserting ‘‘or am- testing performed at the expense of the man- munition’’ after ‘‘firearm’’ the first place it cases, the places they can stop to eat. ufacturer of the projectile, to have a lower Let me provide you with a brief ex- appears; rating threshold than armor piercing ammu- (4) in paragraph (5), by inserting ‘‘or am- nition.’’; and ample to illustrate my point. The aver- munition’’ after ‘‘firearm’’ the first place it (2) in paragraph (8)— age truck driver earns approximately appears; and (A) in subparagraph (B), by striking ‘‘and’’; $30,000 a year. The reduced deduction (5) in paragraph (9), by inserting ‘‘or am- (B) in subparagraph (C), by striking the pe- will cost that driver between $750 and munition’’ after ‘‘firearms’’. riod at the end and inserting ‘‘; and’’; and $1,000 per year. This is just one of many (d) PENALTIES.—Section 924 of title 18, (C) by adding at the end the following new examples I could give to demonstrate United States Code, is amended— subparagraph: (1) in paragraph (5)— the burden this change has placed on ‘‘(D) the manufacture, importation, or use hard-working, middle-income Ameri- (A) in subparagraph (A)(i), by striking ‘‘1 of any projectile that has been proven, by year’’ and inserting ‘‘2 years’’; and testing performed at the expense of the man- cans. The legislation I am introducing (B) in subparagraph (B)— ufacturer of the projectile, to have a lower today, will lift this burden and restore (i) in clause (i), by striking ‘‘1 year’’ and rating threshold than armor piercing ammu- some common sense to the tax code. inserting ‘‘2 years’’; and nition.’’.∑ Mr. President, the business meal de- (ii) in clause (ii), by striking ‘‘10 years’’ duction fairness bill repeals the hidden and inserting ‘‘20 years’’; and By Mr. KOHL: (2) by adding at the end the following new tax created last year by restoring the subsection: S. 434. A bill to amend the Internal business meal deduction to 80 percent ‘‘(o) Except to the extent a greater min- Revenue Code of 1986 to increase the for those individuals covered by the imum sentence is otherwise provided, any deductibility of business meal expenses Department of Transportation hours- person at least 18 years of age who violates for individuals who are subject to Fed- of-service limit. This legislation is sim- section 922(g) shall be subject to— eral limitation on hours of service; to ple, straightforward, and most impor- ‘‘(1) twice the maximum punishment au- the Committee on Finance. tantly, fair. thorized by this subsection; and THE BUSINESS MEAL DEDUCTION FAIRNESS ACT Mr. President, I would like to remind ‘‘(2) at least twice any term of supervised OF 1995 release.’’. my colleagues of a similar bill we (e) APPLICATION OF BRADY HANDGUN VIO- ∑ Mr. KOHL. Mr. President, in 1993, the worked on to correct another mistake LENCE PREVENTION ACT TO TRANSFER OF AM- 103d Congress took a crucial and dif- which hurt tens of thousands of hard-

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2828 CONGRESSIONAL RECORD — SENATE February 16, 1995 working, middle-income Americans. As has spent hundreds of billions of dol- savings may have been oversold, and my colleagues remember, the 1990 def- lars—that adjusted to inflation—prob- that down at HUD they knew this be- icit reduction bill imposed a surtax on ably exceeds a trillion dollars. Yet fore they submitted their plan to Con- specific luxury items. At the time, it today, despite this massive spending, gress. was argued that the surtax would only our Nation’s urban areas are more de- For these reasons, I am introducing a affect the wealthiest segment of soci- cayed and more dangerous today than bill to abolish HUD. The bill will abol- ety. However, after it went into effect, ever. Homelessness, hardly a problem ish HUD, effective January 1, 1998. The it became clear that, instead of paying 30 years ago, is now a major concern. bill will direct the Secretary to make the tax, the wealthy decided not to buy Public housing has been a disaster one housing block grant available to the new boat or the diamond ring. As a and home ownership is down. States and localities; transform all result, the middle- and lower-income Solving these problems was supposed rental assistance into vouchers; and Americans producing and selling those to be HUD’s mission. In each, it has make FHA a Government-controlled luxury items ended up bearing the bur- failed miserably. corporation with income targeting and den of the tax through lost wages and Imagine if we applied a performance risk sharing. jobs. standard like this to other Federal Once it was apparent that the luxury agencies. Suppose that when we cre- By Mr. CAMPBELL (for himself, tax was not achieving its intended ated NASA with the purpose of putting Mr. INOUYE, Mr. MCCAIN, and goal, I began working with a number of a man on the Moon, that 30 years later, Mr. DASCHLE): my colleagues to repeal it. Fortu- they still had not done it. We might S. 436. A bill to improve the economic nately, we were successful in getting a consider abolishing them. That is ex- conditions and supply of housing in na- repeal in the 1993 reconciliation bill. actly what we should do with HUD be- tive American communities by cre- Unfortunately, far too many people cause they failed to accomplish their ating the Native American Financial were hurt by this mistake because we mission. Services Organization, and for other Suppose that instead of creating did not correct it quickly enough. We purposes; to the Committee on Indian HUD, we had given a trillion dollars to cannot let that happen again. There- Affairs. an entrepreneur like Bill Gates. Do you fore I am requesting the support and NATIVE AMERICAN FINANCIAL SERVICES think our inner cities would be any assistance of my colleagues to ensure ORGANIZATION ACT worse off, or do you think that they Mr. CAMPBELL. Mr. President, that the business meal deduction fair- would be more livable places today? I ness bill becomes law. Mr. President, I today I am introducing legislation en- think the answer is clear. titled the Native American Financial ask unanimous consent that a copy of Take Fannie Mae for example. Services Organization Act. I am my legislation be printed in the Fannie Mae plans to spend $1 trillion pleased to add my distinguished col- RECORD. on affordable housing before the end of leagues, the chairman and vice-chair- There being no objection, the bill was the decade. The plan will finance man of the Indian Affairs Committee, ordered to be printed in the RECORD, as homes for 10 million people. This would Senators MCCAIN and INOUYE, and Sen- follows: provide a home to one in three renters ator DASCHLE, as cosponsors of this im- S. 434 in America. This plan, however, unlike portant legislation. Be it enacted by the Senate and House of Rep- HUD, won’t cost American taxpayers Mr. President, there is a continued resentatives of the United States of America in one cent, and yet it will provide homes Congress assembled, need for assistance to improve the for millions of Americans. SECTION 1. INCREASED DEDUCTIBILITY OF BUSI- housing conditions that exist in many Mr. President, I have no faith that NESS MEAL EXPENSES FOR INDIVID- Indian reservation communities, Alas- HUD can be reinvented. Thirty years of UALS SUBJECT TO FEDERAL LIMITA- ka Native villages, and native Hawai- TIONS ON HOURS OF SERVICE. failure is too much. Since the Novem- ian communities. Statistics from the (a) IN GENERAL.—Section 274(n) of the In- ber 8 election, HUD Secretary Henry Bureau of Indian Affairs estimated in ternal Revenue Code of 1986 (relating to only Cisneros has put on a masterful public 50 percent of meal and entertainment ex- 1993 that as many as 90,000 native relations plan to save his Department. penses allowed as deduction) is amended by American families were in need of im- I for one am not fooled. If he really be- adding at the end the following new para- proved housing and nearly 50,000 fami- lieved in what he was doing, he would graph: lies need new homes. ‘‘(3) SPECIAL RULE FOR INDIVIDUALS SUBJECT have done it 2 years ago. Further, a study completed by the TO FEDERAL LIMITATIONS ON HOURS OF SERV- Most importantly, what are the sav- Commission on American Indian, Alas- ICE.—In the case of any expenses for food or ings from the Cisneros plan? There are beverages consumed by an individual during, none. The only clearly identified sav- ka Native, and Native Hawaiian Hous- or incident to, any period of duty which is ings will amount to one-half of 1 per- ing, found that housing shortages and subject to the hours of service limitations of cent over 5 years. Mr. President, let me deplorable living conditions are at cri- the Department of Transportation, para- sis proportions in many native Amer- graph (1) shall be applied by substituting ‘80 repeat that, the total savings in the Cisneros plan amount to only one-half ican communities. In its study the percent’ for ‘50 percent’.’’ commission documented several obsta- (b) EFFECTIVE DATE.—The amendment of 1 percent over 5 years. made by subsection (a) shall apply to taxable Of course, there are promises of more cles that stand between Indian people years beginning after December 31, 1994.∑ savings, but they are just that—prom- and affordable, adequate, and available ises. housing. By Mr. FAIRCLOTH: Actually, if you look at the projected The Commission found there is cur- S. 435. A bill to provide for the elimi- outlays by HUD in the fiscal year 1996 rently little, if any, conventional lend- nation of the Department of Housing budget for the years 1995–99, spending ing available to native people seeking and Urban Development, and for other is $3 billion more than was projected in to purchase a home. purposes; to the Committee on Bank- last year’s budget. Yes, that’s right, In addition, many Indian housing au- ing, Housing, and Urban Affairs. spending will actually increase despite thorities lack the expertise to manage, LEGISLATION TO ABOLISH HUD the reorganization. coordinate, and maintain viable pro- Mr. FAIRCLOTH. Mr. President, Furthermore, my favorite line from grams. today I am pleased to introduce legis- the President’s budget is on page 190. It And importantly, tribal governments lation that will abolish the Depart- is a chart about HUD’s program con- have had to rely primarily on Federal ment of Housing and Urban Develop- solidation. It says: Government grant and loan programs ment. ‘‘Net impact, HUD consolidations’’— to finance housing and economic devel- Mr. President, HUD was created in spending of $29.4 billion in 1995 to $30.3 opment projects. 1965. When it was created, the purpose billion in 1996. As a result of the study, the Commis- of this Department was to revitalize Yes, that’s right. Spending will actu- sion recommended the creation of an our urban areas and provide more hous- ally go up by $1 billion because of entity that could serve as an inter- ing for America. HUD’s consolidations—not down. mediary financing institution with the Mr. President, in short, HUD has The Wall Street Journal reported on authority to package mortgage loans, been a collosal failure. Since 1965, HUD February 15, 1995, that HUD’s projected provide technical assistance, and serve

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2829 as a clearinghouse of information for capital into the Indian housing mar- Sec. 502. Adoption and approval of merger alternative financing programs. ket. plan. Mr. President, the Native American Mr. President, I would like to con- Sec. 503. Consummation of merger. Financial Services Organization Act is clude my remarks by making reference Sec. 504. Transition. Sec. 505. Effect of merger. the culmination of extensive delibera- to a letter I recently received from the TITLE VI—AUTHORIZATIONS OF tions between officials from the De- chairperson of the Ute Mountain Ute APPROPRIATIONS partment of Housing and Urban Devel- Tribe, that I believe illustrates the Sec. 601. Authorization of appropriations for opment, the Department of Treasury, great necessity for this legislation. The Native American Financial In- the USDA, members of my staff, and letter states that the shortage of hous- stitutions. staff of the Senate Committee on In- ing in the community is so severe that Sec. 602. Authorization of appropriations for dian Affairs. The purpose of this legis- among the approximately 1,500 tribal organization. lation is to create a financial infra- members, 400 are without a permanent TITLE I—STATEMENT OF POLICY; structure for commercial financing op- home and that a waiting list for new DEFINITIONS portunities by and for Indian people. housing approaches 300 people. SEC. 101. POLICY. The primary mechanism that will It is for this reason, that I believe (a) IN GENERAL.—Based upon the findings bridge Indian tribes with the commer- the Native American Financial Serv- and recommendations of the Commission on cial lending markets will be the cre- ices Organization is much needed. Sta- American Indian, Alaska Native and Native ation of a Native American Financial tistics such as this merit the need for Hawaiian Housing established by the Depart- Services Organization. an innovative financing mechanism the ment of Housing and Urban Development Re- The Native American Financial Serv- Native American Financial Services form Act of 1989, the Congress has deter- mined that— ices Organization would establish a Organization can provide. (1) housing shortages and deplorable living limited Government-chartered corpora- Mr. President, in closing, I ask unan- conditions are at crisis proportions in Native tion. A Federal grant would capitalize imous consent that the bill be printed American communities throughout the the federally chartered organization, in the RECORD immediately following United States; and which would cease to exist upon a des- the full text of my statement and that (2) the lack of private capital to finance ignated date. At that point the charter the statements of Senators MCCAIN and housing and economic development for Na- would become a private corporation. INOUYE, who are both original cospon- tive Americans and Native American com- munities seriously exacerbates these housing More specifically, the legislation is sors, appear in the RECORD imme- shortages and poor living conditions. designed to: diately following the bill. (b) POLICY OF THE UNITED STATES TO AD- I also ask unanimous consent to in- First, establish and organize native DRESS NATIVE AMERICAN HOUSING SHORT- American community lending institu- clude letters from the Ute Mountain AGE.—It is the policy of the United States to tions, that will be called Native Amer- Ute Tribe, the Native American Indian improve the economic conditions and supply ican Financial Institutions. These Housing Council, and HUD’s Secretary of housing in Native American communities lending institutions could be any type Henry Cisneros to be printed in the throughout the United States by creating of financial institution, including com- RECORD. the Native American Financial Services Or- munity banks, credit unions and saving There being no objection, the mate- ganization to address the housing shortages banks, that together, could provide a rial was ordered to be printed in the and poor living conditions described in sub- section (a). wide range of financial services; RECORD, as follows: SEC. 102. STATEMENT OF PURPOSES. Second, develop and provide financial S. 436 The purposes of this Act are— expertise and technical assistance to Be it enacted by the Senate and House of Rep- (1) to help serve the mortgage and other the Native American Financial Institu- resentatives of the United States of America in lending needs of Native Americans by assist- tions, including methods of under- Congress assembled, ing in the establishment and organization of writing, securing, and selling mortgage SECTION 1. SHORT TITLE. Native American Financial Institutions, de- and small commercial and consumer (a) SHORT TITLE.—This Act may be cited as veloping and providing financial expertise loans; and the ‘‘Native American Financial Services Or- and technical assistance to Native American Third, develop and provide special- ganization Act of 1995’’. Financial Institutions, including assistance (b) TABLE OF CONTENTS.—The table of con- ized technical assistance on how to concerning overcoming— tents for this Act is as follows: (A) barriers to lending with respect to Na- overcome barriers to primary mortgage Sec. 1. Short title. tive American lands; and lending on native American lands, in- TITLE I—STATEMENT OF POLICY; (B) the past and present impact of dis- cluding issues related to trust lands, DEFINITIONS crimination; discrimination, and inapplicability of Sec. 101. Policy. (2) to promote access to mortgage credit in standard underwriting criteria. Sec. 102. Statement of purposes. Native American communities in the United Importantly, this legislation will Sec. 103. Definitions. States by increasing the liquidity of financ- work in conjunction with the Commu- TITLE II—NATIVE AMERICAN FINANCIAL ing for housing and improving the distribu- nity Development Financial Institu- SERVICES ORGANIZATION tion of investment capital available for such financing, primarily through Native Amer- tions [CDFI] fund established in the Sec. 201. Establishment of the organization. ican Financial Institutions; Sec. 202. Authorized assistance and service Reigle Community Development Bank- (3) to promote the infusion of public cap- functions. ing and Regulatory Improvement Act, ital into Native American communities Sec. 203. Native American lending services signed into law by the President last throughout the United States and to direct grant. year. Under a cooperative agreement Sec. 204. Audits. sources of public and private capital into with the CDFI fund, this legislation Sec. 205. Annual housing and economic de- housing and economic development for Na- will provide technical assistance and velopment reports. tive American individuals and families, pri- other services to Native American Fi- Sec. 206. Advisory Council. marily through Native American Financial Institutions; and TITLE III—CAPITALIZATION OF nancial Institutions. (4) to provide ongoing assistance to the ORGANIZATION This week, Secretary Cisneros testi- secondary market for residential mortgages fied before the Committee on Indian Sec. 301. Capitalization of the organization. and economic development loans for Native Affairs. In his remarks, he stated that Sec. 302. Obligations and securities of the American individuals and families, Native this legislation will ‘‘neither conflict organization. American Financial Institutions, and other Sec. 303. Limit on total assets and liabil- borrowers by increasing the liquidity of such nor duplicate the functions of CDFI or ities. any other Government-sponsored en- investments and improving the distribution TITLE IV—REGULATION, EXAMINATION, of investment capital available for such fi- terprise, but is intended to supplement AND REPORTS the efforts of existing organizations.’’ nancing. Sec. 401. Regulation, examination, and re- SEC. 103. DEFINITIONS. In short, the Native American Finan- ports. cial Services Organization would help For purposes of this Act, the following Sec. 402. Authority of the Secretary of Hous- definitions shall apply: ing and Urban Development. provide financial independence to the (1) ALASKA NATIVE.—The term ‘‘Alaska Na- native American community and would TITLE V—FORMATION OF NEW tive’’ has the meaning given the term ‘‘Na- begin to address the housing defi- CORPORATION tive’’ by section 3(b) of the Alaska Native ciencies by working to attract private Sec. 501. Formation of new corporation. Claims Settlement Act.

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(2) BOARD.—The term ‘‘Board’’ means the eral Home Loan Mortgage Corporation in ef- (III) 2 members shall each be elected for a Board of Directors of the Organization estab- fect on September 30, 1994. 4-year term. lished under section 201(a)(2). (17) TRANSITION PERIOD.—The term ‘‘transi- (C) QUALIFICATIONS.—Each member ap- (3) CHAIRPERSON.—The term ‘‘Chairperson’’ tion period’’ means the period beginning on pointed by the President shall have expertise means the chairperson of the Board. the date on which the merger plan is ap- in 1 or more of the following areas: (4) COUNCIL.—The term ‘‘Council’’ means proved by both the Secretary of Housing and (i) Native American housing and economic the Advisory Council established under sec- Urban Development and the Secretary of the development programs. tion 206. Treasury and ending on the designated merg- (ii) Financing in Native American commu- (5) DESIGNATED MERGER DATE.—The term er date. nities. ‘‘designated merger date’’ means the specific TITLE II—NATIVE AMERICAN FINANCIAL (iii) Native American governing bodies and calendar date and time of day designated by SERVICES ORGANIZATION court systems. the Board under section 502(b). SEC. 201. ESTABLISHMENT OF THE ORGANIZA- (iv) Restricted and trust land issues, eco- (6) DIRECTOR.—The term ‘‘Director’’ means TION. nomic development, and small consumer the Director of the Office of Federal Housing (a) CREATION; BOARD OF DIRECTORS; POLI- loans. Enterprise Oversight of the Department of CIES; PRINCIPAL OFFICE; MEMBERSHIP; VACAN- (D) CHAIRPERSON.—The Board shall select a Housing and Urban Development. CIES.— Chairperson from among its members, except (7) FUND.—The term ‘‘Fund’’ means the (1) CREATION.— that the initial Chairperson shall be selected Community Development Financial Institu- (A) IN GENERAL.—There is established and from among the members of the initial tions Fund established under section 104 of chartered a corporation to be known as the Board who have been appointed or elected to the Riegle Community Development and Native American Financial Services Organi- serve for a 4-year term. Regulatory Improvement Act of 1994. zation. (E) VACANCIES.— (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (B) PERIOD OF TIME.—The Organization (i) APPOINTED MEMBERS.—Any vacancy in means any Indian tribe, band, nation, or shall be a congressionally chartered body the appointed membership of the Board shall other organized group or community, includ- corporate until the earlier of— be filled by appointment by the President, ing any Alaska Native village or regional or (i) the designated merger date; or but only for the unexpired portion of the village corporation as defined in or estab- (ii) the date on which the charter is surren- term. dered by the Organization. lished pursuant to the Alaska Native Claims (ii) ELECTED MEMBERS.—Any vacancy in (C) CHANGES TO CHARTER.—The right to re- Settlement Act that is recognized as eligible the elected membership of the Board shall be vise, amend, or modify the Organization for the special programs and services pro- filled by appointment by the Board, but only charter is specifically and exclusively re- vided by the Federal Government to Indians for the unexpired portion of the term. served to the Congress. because of their status as Indians. (F) TRANSITIONS.—Any member of the (2) BOARD OF DIRECTORS; PRINCIPAL OF- (9) MERGER PLAN.—The term ‘‘merger Board may continue to serve after the expi- FICE.— plan’’ means the plan of merger adopted by ration of the term for which the member was (A) BOARD.—The powers of the Organiza- the Board under section 502(a). tion shall be vested in a Board of Directors. appointed or elected until a qualified suc- (10) NATIVE AMERICAN.—The term ‘‘Native The Board shall determine the policies that cessor has been appointed or elected. American’’ means any member of an Indian govern the operations and management of tribe. (b) POWERS OF THE ORGANIZATION.—The Or- the Organization. (11) NATIVE AMERICAN FINANCIAL INSTITU- ganization may— (B) PRINCIPAL OFFICE; RESIDENCY.—The TION.—The term ‘‘Native American Financial (1) adopt, alter, and use a corporate seal; principal office of the Organization shall be Institution’’ means a person (other than an (2) adopt bylaws, consistent with this Act, in the District of Columbia. For purposes of individual) that— regulating, among other things, the manner venue, the Organization shall be considered in which— (A) qualifies as a community development to be a resident of the District of Columbia. financial institution under section 103 of the (A) the business of the Organization shall (3) MEMBERSHIP.— Riegle Community Development and Regu- be conducted; (A) IN GENERAL.— latory Improvement Act of 1994; (B) the elected members of the Board shall (i) NINE MEMBERS.—Except as provided in be elected; (B) satisfies the requirements established clause (ii), the Board shall consist of 9 mem- by the Riegle Community Development and (C) the stock of the Organization shall be bers, 3 of whom shall be appointed by the issued, held, and disposed of; Regulatory Improvement Act of 1994 and the President and 6 of whom shall be elected by Fund for applicants for assistance from the (D) the property of the Organization shall the class A stockholders, in accordance with be disposed of; and Fund; the bylaws of the Organization. (C) demonstrates a special interest and ex- (E) the powers and privileges granted to (ii) THIRTEEN MEMBERS.—If class B stock is the Organization by this Act and other law pertise in serving the primary economic de- issued under section 301(b), the Board shall shall be exercised; velopment and mortgage lending needs of the consist of 13 members, 9 of whom shall be ap- (3) make and perform contracts, agree- Native American community; and pointed and elected in accordance with ments, and commitments, including entering (D) demonstrates that the person has the clause (i) and 4 of whom shall be elected by into a cooperative agreement with the Fund; endorsement of the Native American com- the class B stockholders, in accordance with (4) prescribe and impose fees and charges munity that the person intends to serve. the bylaws of the Organization. for services provided by the Organization; (12) NATIVE AMERICAN LENDER.—The term (B) TERMS.—Each member of the Board (5)(A) settle, adjust, and compromise; and ‘‘Native American lender’’ means a Native shall be elected or appointed for a 4-year (B) with or without consideration or ben- American governing body, Native American term, except that the members of the initial efit to the Organization, release or waive in housing authority, or other Native American Board shall be elected or appointed for the Financial Institution that acts as a primary following terms: whole or in part, in advance or otherwise, mortgage or economic development lender in (i) Of the 3 members appointed by the any claim, demand, or right of, by, or a Native American community. President— against the Organization; (13) NEW CORPORATION.—The term ‘‘new (I) 1 member shall be appointed for a 2-year if such settlement, adjustment, compromise, corporation’’ means the corporation formed term; release, or waiver is not adverse to the inter- in accordance with title V. (II) 1 member shall be appointed for a 3- ests of the United States; (14) NONQUALIFYING MORTGAGE LOAN.—The year term; and (6) sue and be sued, complain and defend, in term ‘‘nonqualifying mortgage loan’’ means (III) 1 member shall be appointed for a 4- any tribal, Federal, State, or other court; a mortgage loan that is determined by the year term; (7) acquire, take, hold, and own, and to Organization, on the basis of the quality, as designated by the President at the time of deal with and dispose of any property; type, class, or principal amount of the loan, the appointments. (8) determine the necessary expenditures of to fail to meet the purchase standards of the (ii) Of the 6 members elected by the class the Organization and the manner in which Federal National Mortgage Association or A stockholders— such expenditures shall be incurred, allowed, the Federal Home Loan Mortgage Corpora- (I) 2 members shall each be elected for a 2- and paid, and appoint, employ, and fix and tion in effect on September 30, 1994. year term; provide for the compensation and benefits of (15) ORGANIZATION.—The term ‘‘Organiza- (II) 2 members shall each be elected for a 3- officers, employees, attorneys, and agents as tion’’ means the Native American Financial year term; and the Board determines reasonable and not in- Services Organization established under sec- (III) 2 members shall each be elected for a consistent with this section; tion 201. 4-year term. (9) incorporate a new corporation under (16) QUALIFYING MORTGAGE LOAN.—The (iii) If class B stock is issued and 4 addi- State, District of Columbia, or tribal law, as term ‘‘qualifying mortgage loan’’ means a tional members are elected by the class B provided in section 501; mortgage loan that is determined by the Or- stockholders— (10) adopt a plan of merger, as provided in ganization, on the basis of the quality, type, (I) 1 member shall be elected for a 2-year section 502; class or principal amount of the loan, to term; (11) consummate the merger of the Organi- meet the purchase standards of the Federal (II) 1 member shall be elected for a 3-year zation into the new corporation, as provided National Mortgage Association or the Fed- term; and in section 503; and

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2831 (12) have succession until the designated Native American Financial Institutions and the life of the mortgage loan, if, with respect merger date or any earlier date on which the other lenders in Native American commu- to any such loan— Organization surrenders its Federal charter. nities; (I) the Organization has reasonable assur- (c) INVESTMENT OF FUNDS; DESIGNATION AS (6) obtain capital investments in the Orga- ance that the loan will be repaid within the DEPOSITARY, CUSTODIAN, OR AGENT.— nization from Indian tribes, Native American time agreed; (1) INVESTMENT OF FUNDS.—Funds of the organizations, and other entities; (II) the Native American Financial Institu- Organization that are not required to meet (7) assist the Fund in the operation of the tion selling the loan retains a participation current operating expenses shall be invested Organization as an information clearing- of not less than 10 percent in the mortgage; in obligations of, or obligations guaranteed house by providing information on financial (III) the Native American Financial Insti- by, the United States or any agency thereof, practices to Native American Financial In- tution selling the loan agrees for such period or in obligations, participations, or other in- stitutions; and of time and under such circumstances as the struments that are lawful investments for fi- (8) assist the Fund in monitoring and re- Organization may require, to repurchase or duciary, trust, or public funds. porting to the Congress on the performance replace the mortgage upon demand of the Or- (2) DESIGNATION AS DEPOSITARY, CUSTODIAN, of Native American Financial Institutions in ganization in the event that the loan is in OR AGENT.—Any Federal Reserve bank or meeting the economic development and default; or Federal home loan bank, or any bank as to housing credit needs of Native Americans. (IV) that portion of the outstanding prin- which at the time of its designation by the (b) PURCHASES AND SALES OF MORTGAGES cipal balance of the loan which exceeds 80 Organization there is outstanding a designa- percent of the value of the property securing tion by the Secretary of the Treasury as a AND MORTGAGE-BACKED SECURITIES.— (1) IN GENERAL.— such loan is guaranteed or insured by a general or other depositary of public money, qualified insurer, as determined by the Orga- may— (A) AUTHORIZATION.—If a determination is made in accordance with subparagraph (B), nization; and (A) be designated by the Organization as a (ii) issue mortgage-backed securities or depositary or custodian or as a fiscal or the Organization may, upon receipt of a written authorization from the Secretary of other forms of participations based on pools other agent of the Organization; and of such nonqualifying mortgage loans, as (B) act as such depositary, custodian, or Housing and Urban Development under this paragraph, carry out any activity described provided in section 303(c); and agent. (C) purchase, service, sell, lend on the secu- (d) ACTIONS BY AND AGAINST THE ORGANIZA- in paragraph (3). rity of, and otherwise deal in— TION.—Notwithstanding section 1349 of title (B) DETERMINATION.—For purposes of sub- 28, United States Code, or any other provi- paragraph (A), a determination made under (i) residential mortgages that are secured sion of law— this section is a determination by the Sec- by a subordinate lien against a property con- (1) the Organization shall be deemed to be retary of Housing and Urban Development sisting of 1 to 4 dwelling units that is the an agency covered under sections 1345 and that the combined purchases by the Federal principal residence of the mortgagor; and 1442 of title 28, United States Code; National Mortgage Association and the Fed- (ii) residential mortgages that are secured (2) any civil action to which the Organiza- eral Home Loan Mortgage Corporation of by a subordinate lien against a property con- tion is a party shall be deemed to arise under residential Native American nonqualifying sisting of five or more dwelling units. the laws of the United States, and the appro- mortgage loans originated by Native Amer- (4) RIGHTS AND REMEDIES.— priate district court of the United States ican Financial Institutions and other lenders (A) IN GENERAL.—The rights and remedies shall have original jurisdiction over any on housing consisting of between 1 and 4 of the Organization, including any rights and such action, without regard to amount or dwelling units— remedies of the Organization on, under, or value; and (i) in the second year following the estab- with respect to any mortgage or any obliga- (3) any civil or other action, case, or con- lishment of the Organization, total less than tion secured thereby, shall be immune from troversy in a tribal court, court of a State, $20,000,000 (unless the Organization can dem- impairment, limitation, or restriction by or or in any court other than a district court of onstrate to the Secretary of Housing and under any State, District of Columbia, or the United States, to which the Organization Urban Development that such purchase goal tribal— is a party, may at any time before the com- could not be met); or (i) law that becomes effective after the ac- mencement of the trial be removed by the (ii) in any succeeding year, total less than quisition by the Organization of the subject Organization, without the giving of any bond that amount that the Secretary of Housing or property on, under, or with respect to or security and by following any procedure and Urban Development has determined and which such right or remedy arises or exists for removal of causes in effect at the time of published as a reasonable Native American or would so arise or exist in the absence of the removal— mortgage purchase goal (in accordance with such law; or (A) to the district court of the United paragraph (2)) for such combined purchases (ii) administrative or other action that be- States for the district and division in which by the Federal National Mortgage Associa- comes effective after such acquisition. the action is pending; tion and the Federal Home Loan Mortgage (B) QUALIFICATION.—The Organization may (B) or, if there is no such district court, to Corporation in such year. conduct its business without regard to any the district court of the United States for (2) FACTORS CONSIDERED.—In determining qualification or similar requirement in the the District of Columbia. the purchase goal described in paragraph District of Columbia, or any State or tribal jurisdiction. SEC. 202. AUTHORIZED ASSISTANCE AND SERV- (1)(B)(ii), the Secretary shall take into ac- ICE FUNCTIONS. count the study by the Fund of Native Amer- SEC. 203. NATIVE AMERICAN LENDING SERVICES (a) TECHNICAL ASSISTANCE AND SERVICES.— ican lending and investment conducted pur- GRANT. The Organization may— suant to section 117(c) of the Riegle Commu- (a) INITIAL GRANT PAYMENT.—If the Fund (1) assist the Fund in the establishment nity Development and Regulatory Improve- and the Organization enter into a coopera- and organization of Native American Finan- ment Act of 1994. tive agreement for the Organization to pro- cial Institutions; (3) POWERS OF THE ORGANIZATION.—Upon re- vide technical assistance and other services (2) assist the Fund in developing and pro- ceiving a written authorization from the to Native American Financial Institutions, viding financial expertise and technical as- Secretary of Housing and Urban Develop- such agreement shall, to the extent that sistance to Native American Financial Insti- ment under paragraph (1), the Organization funds are available as provided in section 602, tutions, including methods of underwriting, may, at any time— provide that the initial grant payment, an- securing, servicing, packaging, and selling (A) with respect to residential mortgage ticipated to be $5,000,000, shall be made when mortgage and small commercial and con- loans originated by Native American Finan- all members of the initial Board have been sumer loans; cial Institutions that are qualifying mort- appointed under section 201. (3) develop and provide specialized tech- gage loans— (b) PAYMENT OF GRANT BALANCE.—The pay- nical assistance on overcoming barriers to (i) purchase such qualifying mortgage ment of the grant balance of $5,000,000 shall primary mortgage lending on Native Amer- loans; be made to the Organization not later than 1 ican lands, including issues related to trust (ii) hold such qualifying mortgage loans for year after the date on which the initial grant lands, discrimination, high operating costs, a period of not to exceed 12 months; and payment is made under subsection (a). and inapplicability of standard underwriting (iii) resell such qualifying mortgage loans criteria; to the Federal National Mortgage Associa- SEC. 204. AUDITS. (4) assist the Fund in providing mortgage tion, the Federal Home Loan Mortgage Cor- (a) INDEPENDENT AUDITS.— underwriting assistance (but not in origi- poration, or other secondary market partici- (1) IN GENERAL.—The Organization shall nating loans) under contract to Native pants, as provided in section 303(b); have an annual independent audit made of American Financial Institutions; (B) with respect to residential mortgage its financial statements by an independent (5) work with the Federal National Mort- loans originated by the Native American Fi- public accountant in accordance with gen- gage Association, the Federal Home Loan nancial Institutions that are nonqualifying erally accepted auditing standards. Mortgage Corporation, and other partici- mortgage loans— (2) DETERMINATIONS.—In conducting an pants in the secondary market for home (i) purchase such nonqualifying mortgage audit under this subsection, the independent mortgage instruments in identifying and loans from the Native American Financial public accountant shall determine and report eliminating barriers to the purchase of Na- Institutions for such terms as the Organiza- on whether the financial statements of the tive American mortgage loans originated by tion determines to be appropriate, including Organization—

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(A) are presented fairly in accordance with (c) DUTIES.—The Council shall advise the (A) borrow funds to give security or pay in- generally accepted accounting principles; Board on all policy matters of the Organiza- terest or other return; and and tion. Through the regional representation of (B) issue upon the approval of the Sec- (B) to the extent determined necessary by its members, the Council shall provide infor- retary of the Treasury, notes, debentures, the Director, comply with any disclosure re- mation to the Board from all sectors of the bonds, or other obligations having matu- quirements imposed under section 401. Native American community. rities and bearing such rate or rates of inter- (b) GAO AUDITS.— TITLE III—CAPITALIZATION OF est as may be determined by the Organiza- (1) IN GENERAL.—Beginning after the first 2 ORGANIZATION tion with the approval of the Secretary of years of the operation of the Organization, the Treasury; SEC. 301. CAPITALIZATION OF THE ORGANIZA- unless an earlier date is required by any if such borrowing and issuing of obligations other statute, grant, or agreement, the pro- TION. (a) CLASS A STOCK.—The class A stock of qualifies as a transaction by an issuer not in- grams, activities, receipts, expenditures, and volving any public offering under section 4(2) financial transactions of the Organization the Organization shall— (1) be issued only to Indian tribes; of the Securities Act of 1933. shall be subject to audit by the Comptroller (2) RESTRICTIONS.— General of the United States under such (2) be allocated on the basis of Indian tribe population, as determined by the Secretary (A) IN GENERAL.—Obligations issued by the rules and regulations as may be prescribed Organization under this section shall not be by the Comptroller General. of Housing and Urban Development in con- sultation with the Secretary of the Interior; obligations of the United States or any agen- (2) ACCESS.—To carry out this subsection, cy of the United States. the representatives of the General Account- (3) have such par value and other charac- (B) NO GUARANTEES.—Payment of the prin- ing Office shall— teristics as the Organization shall provide; (4) be vested with voting rights, each share cipal of or interest on such obligations shall (A) have access to all books, accounts, fi- not be guaranteed by the United States or nancial records, reports, files, and all other being entitled to 1 vote; (5) be nontransferable; and any agency of the United States. The obliga- papers, things, or property belonging to or in tions issued by the Organization under this use by the Organization and necessary to fa- (6) be surrendered to the Organization if the holder ceases to be recognized as an In- section shall so plainly state. cilitate the audit; (b) RESALES OF QUALIFYING MORTGAGE (B) be afforded full facilities for verifying dian tribe under this Act. (b) CLASS B STOCK.— LOANS.—The sale or other disposition by the transactions with the balances or securities Organization of qualifying mortgage loans (1) IN GENERAL.—The Organization may held by depositaries, fiscal agents, and under section 202(b) shall be on such terms custodians; and issue class B stock evidencing capital con- tributions in the manner and amount, and and conditions relating to resale, repurchase, (C) have access, upon request to the Orga- substitution, replacement or otherwise as subject to any limitations on concentration nization or any auditor for an audit of the the Organization may prescribe, except that of ownership, as may be established by the Organization under subsection (a), to any the Organization may not guarantee or in- Organization. books, accounts, financial records, reports, sure the payment of any mortgage loan sold (2) CHARACTERISTICS.—Any class B stock files, or other papers, or property belonging under section 202(b). to or in use by the Organization and used in issued under paragraph (1) shall— (c) SECURITIES BACKED BY NONQUALIFYING any such audit and to any papers, records, (A) be available for purchase by investors; MORTGAGE LOANS.—Securities in the form of files, and reports of the auditor used in such (B) be entitled to such dividends as may be debt obligations or trust certificates of bene- an audit. declared by the Board in accordance with ficial interest, or both, and based upon non- (3) REPORTS.—The Comptroller General of subsection (c); qualifying mortgage loans held and set aside the United States shall submit to the Con- (C) have such par value and other charac- by the Organization under section 202(b)— gress a report on each audit conducted under teristics as the Organization shall provide; (1) may be issued upon the approval of the this subsection. (D) be vested with voting rights, each Secretary of the Treasury; and (4) REIMBURSEMENT.—The Organization share being entitled to 1 vote; and (2) shall have such maturities, and shall shall reimburse the General Accounting Of- (E) be transferable only on the books of the bear such rate or rates of interest, as may be fice for the full cost of any audit conducted Organization. determined by the Organization with the ap- under this subsection. (c) CHARGES AND FEES; EARNINGS.— proval of the Secretary of the Treasury; (1) CHARGES AND FEES.—The Organization SEC. 205. ANNUAL HOUSING AND ECONOMIC DE- if such issuance qualifies as a transaction by VELOPMENT REPORTS. may impose charges or fees, which may be an issuer not involving any public offering Not later than 1 year after the date of en- regarded as elements of pricing, with the ob- under section 4(2) of the Securities Act of actment of this Act, and annually thereafter, jectives that— 1933. the Organization shall collect, maintain, and (A) all costs and expenses of the operations (d) PROHIBITIONS AND RESTRICTIONS; CRE- provide to the Secretary of Housing and of the Organization should be within the in- ATION OF LIENS AND CHARGES.— Urban Development, in a form determined by come of the Organization derived from such (1) IN GENERAL.—The Organization may, by the Secretary, such data as the Secretary de- operations; and regulation or by writing executed by the Or- termines to be appropriate with respect to (B) such operations would be fully self-sup- ganization— the Organization’s— porting. (A) establish prohibitions or restrictions (1) mortgages on properties consisting of (2) EARNINGS.—All earnings from the oper- on the creation of indebtedness or obliga- between 1 and 4 dwelling units; ations of the Organization shall be annually tions of the Organization or of liens or (2) mortgages on properties consisting of transferred to the general surplus account of charges upon property of the Organization, five or more dwelling units; and the Organization. At any time, funds in the including after-acquired property; and (3) activities relating to economic develop- general surplus account may, in the discre- (B) create liens and charges, which may be ment. tion of the Board, be transferred to the re- floating liens or charges, upon all or any SEC. 206. ADVISORY COUNCIL. serves of the Organization. part or parts of the property of the Organiza- (a) ESTABLISHMENT.—The Board shall es- (d) CAPITAL DISTRIBUTIONS.— tion, including after-acquired property. tablish an Advisory Council in accordance (1) IN GENERAL.—Except as provided in (2) EFFECT.—Any prohibition, restriction, with this section. paragraph (2), the Organization may make lien, or charge established under paragraph (b) MEMBERSHIP.— such capital distributions (as such term is (2) shall— (1) IN GENERAL.—The Council shall consist defined in section 1303 of the Federal Hous- (A) have such effect, including such rank of 13 members, who shall be appointed by the ing Financial Safety and Soundness Act of and priority, as may be provided by regula- Board, including 1 representative from each 1992) as may be declared by the Board. All tions of the Organization or by any writing of the 12 districts established by the Bureau capital distributions shall be charged against executed by the Organization; and of Indian Affairs and 1 representative from the general surplus account of the Organiza- (B) create a cause of action which may be the State of Hawaii. tion. enforced by action in the United States dis- (2) QUALIFICATIONS.—Not less than 6 of the (2) RESTRICTION.—The Organization may trict court for the District of Columbia or in members of the Council shall have financial not make any capital distribution that the United States district court for any judi- expertise, and not less than 9 members of the would decrease the total capital (as such cial district in which any of the property af- Council shall be Native Americans. term is defined in section 1303 of the Federal fected is located. (3) TERMS.—Each member of the Council Housing Financial Safety and Soundness Act (3) JURISDICTION; SERVICE OF PROCESS.— shall be appointed for a 4-year term, except of 1992) of the Organization to an amount Process in any action described in paragraph that the initial Council shall be appointed, less than the capital level for the Organiza- (2) may run to or be served in any judicial as designated by the Board at the time of ap- tion established under section 401, without district or in any place subject to the juris- pointment, as follows: prior written approval of the distribution by diction of the United States. (A) Four members shall each be appointed the Director. (e) VALIDITY OF PROVISIONS; VALIDITY OF for a 2-year term. SEC. 302. OBLIGATIONS AND SECURITIES OF THE RESTRICTIONS, PROHIBITIONS, LIENS, OR (B) Four members shall each be appointed ORGANIZATION. CHARGES.—This section and any restriction, for a 3-year term. (a) IN GENERAL.— prohibition, lien, or charge referred to in (C) Five members shall each be appointed (1) AUTHORIZATION.—The Organization subsection (b) shall be fully effective not- for a 4-year term. may— withstanding any other law, including any

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2833 law of or relating to sovereign immunity or tion 1316(f) of the Housing and Community (D) describing the steps that will be taken priority. Development Act of 1992; and to consummate an orderly and timely merg- SEC. 303. LIMIT ON TOTAL ASSETS AND LIABIL- (D) available, to the extent provided in ap- er of the Organization into the new corpora- ITIES. propriations Acts, for carrying out the re- tion. The aggregate of— sponsibilities of the Director under this sec- (5) LIMITATION.—The date designated by (1) the total equity of the Organization, in- tion. the Board in an amended merger plan shall cluding all capital from any issuance of class SEC. 402. AUTHORITY OF THE SECRETARY OF not be later than 12 years after the date of B stock; and HOUSING AND URBAN DEVELOP- enactment of this Act. (2) the total liabilities of the Organization, MENT. (6) CONSUMMATION OF MERGER.—The con- including all obligations issued or incurred Except for the authority of the Director summation of an orderly and timely merger by the Organization; under in section 401, the Secretary of Hous- of the Organization into the new corporation shall not at any time exceed $20,000,000. ing and Urban Development shall— shall not occur later than 13 years after the (1) have general regulatory power over the TITLE IV—REGULATION, EXAMINATION, date of enactment of this Act. Organization; and (c) GOVERNMENTAL APPROVALS OF MERGER AND REPORTS (2) issue such rules and regulations appli- PLAN REQUIRED.—The merger plan or any SEC. 401. REGULATION, EXAMINATION, AND RE- cable to the Organization as determined nec- amended merger plan shall take effect on the PORTS. essary or appropriate by the Secretary to en- date on which the plan is approved by both (a) EFFECTIVE DATE OF SECTION.—This sec- sure that the purposes specified in section the Secretary of Housing and Urban Develop- tion shall take effect on the date on which 102 are accomplished. ment and the Secretary of the Treasury. the Secretary of Housing and Urban Develop- (d) REVISION OF DISAPPROVED MERGER PLAN ment makes a determination in accordance TITLE V—FORMATION OF NEW CORPORATION REQUIRED.—If either the Secretary of Hous- with section 202(b) that the Organization ing and Urban Development or the Secretary SEC. 501. FORMATION OF NEW CORPORATION. may purchase and sell mortgages and mort- of the Treasury, or both, disapprove the (a) IN GENERAL.—In order to continue the gage-backed securities. merger plan or any amended merger plan— (b) IN GENERAL.—The Organization shall be accomplishment of the purposes specified in (1) each Secretary that disapproves the subject to the regulatory authority of the section 102 beyond the terms of the charter plan shall notify the Organization of such Office of Federal Housing Enterprise Over- of the Organization, the Board shall, not disapproval and indicate the reasons for the sight of the Department of Housing and later than 10 years after the date of enact- disapproval; and Urban Development with respect to all mat- ment of this Act, cause the formation of a (2) not later than 30 days after the date of ters relating to the financial safety and new corporation under the laws of any tribe, notification of disapproval under paragraph soundness of the Organization. any State, or the District of Columbia. (1), the Organization shall submit to both (c) DUTY OF DIRECTOR.—The Director shall (b) POWERS OF NEW CORPORATION NOT PRE- the Secretary of Housing and Urban Develop- ensure that the Organization is adequately SCRIBED.—Except as provided in this section, ment and the Secretary of the Treasury for capitalized and operating safely as a con- the new corporation may have any corporate approval an amended merger plan responsive gressionally chartered body corporate. powers and attributes permitted under the to the reasons for the disapproval indicated (d) POWERS OF DIRECTOR.—The Director laws of the jurisdiction of its incorporation in such notification. shall have all of the exclusive powers grant- which the Board shall determine, in its busi- (e) NO STOCKHOLDER APPROVAL OF MERGER ed the Director under subsections (b), (d), ness judgment, to be appropriate. PLAN REQUIRED.—The approval or consent of and (e) of section 1313 of the Housing and (c) USE OF NAFSO NAME PROHIBITED.—The the stockholders of the Organization shall Community Development Act of 1992, as de- new corporation may not use in any manner not be required to accomplish the merger of termined by the Director to be necessary or the name ‘‘Native American Financial Serv- the Organization into the new corporation. appropriate to regulate the operation of the ices Organization’’ or ‘‘NAFSO’’ or any vari- Organization. ation of thereof. SEC. 503. CONSUMMATION OF MERGER. (e) REPORTS TO DIRECTOR.— SEC. 502. ADOPTION AND APPROVAL OF MERGER The Board shall ensure that the merger of (1) ANNUAL REPORT.—Not later than 1 year PLAN. the Organization into the new corporation is after the date of enactment of this Act, and (a) IN GENERAL.—Not later than 10 years accomplished in accordance with— annually thereafter, the Organization shall after the date of enactment of this Act, the (1) the merger plan approved by the Sec- submit to the Director a report describing Board shall prepare, adopt, and submit to retary of Housing and Urban Development the financial condition and operations of the the Secretary of Housing and Urban Develop- and the Secretary of the Treasury; and Organization. The report shall be in such ment and the Secretary of the Treasury for (2) all applicable laws of the jurisdiction in form, contain such information, and be sub- approval, a plan for merging the Organiza- which the new corporation is incorporated. mitted on such date as the Director shall re- tion into the new corporation. SEC. 504. TRANSITION. quire. (b) DESIGNATED MERGER DATE.— (a) CONTINUATION OF RIGHTS, DUTIES, AND (2) OTHER REPORTS.—In addition to the re- (1) IN GENERAL.—The Board shall establish RESTRICTIONS.—Except as provided in this ports submitted under paragraph (1), the Or- the designated merger date in the merger section, the Organization shall, during the ganization shall submit to the Director any plan as a specific calendar date on which and transition period, continue to have all of the report required by the Director pursuant to time of day at which the merger of the Orga- rights, privileges, duties, and obligations, section 1314 of the Housing and Community nization into the new corporation shall take and shall be subject to all of the limitations Development Act of 1992. effect. and restrictions, set forth in this Act. (3) CONTENTS OF REPORT.—Each report sub- (2) CHANGES.—The Board may change the (b) COLLATERALIZATION OF OUTSTANDING mitted under this subsection shall contain a designated merger date in the merger plan OBLIGATIONS.— declaration by the president, vice president, by adopting an amended plan of merger. (1) IN GENERAL.—The Organization shall treasurer, or any other officer of the Organi- (3) RESTRICTION.—Except as provided in provide for all debt obligations of the Orga- zation designated by the Board to make such paragraph (4), the designated merger date in nization that are outstanding on the date be- declaration, that the report is true and cor- the merger plan or any amended merger plan fore the designated merger date to be se- rect to the best of such officer’s knowledge shall not be later than 11 years after the date cured as to principal and interest by obliga- and belief. of enactment of this Act. tions of the United States held in trust for (f) FUNDING OFHEO OVERSIGHT.— (4) EXCEPTION.—Subject to the restriction the holders of such obligations. (1) ASSESSMENT AND COLLECTION.—The Di- contained in paragraph (5), the Board may (2) REQUIREMENTS, TERMS, AND CONDI- rector shall assess and collect from the Orga- adopt an amended plan of merger that des- TIONS.—The collateralization and the trust nization such amounts as are necessary to ignates a date later than 11 years after the referred to in the preceding sentence shall be reimburse the Office of Federal Housing En- date of enactment of this Act if the Board subject to such requirements, terms, and terprise Oversight for the reasonable costs submits to both the Secretary of Housing conditions as the Secretary of the Treasury and expenses of the activities undertaken by and Urban Development and the Secretary of determines to be necessary or appropriate. the Office of Federal Housing Enterprise the Treasury a report— (c) ISSUANCE OF NEW OBLIGATIONS DURING Oversight to carry out the duties of the Di- (A) stating that an orderly merger of the TRANSITION PERIOD.—As needed to carry out rector under paragraph (2), including the Organization into the new corporation is not the purposes for which it was formed, the Or- costs of examinations and overhead ex- feasible before the latest date designated by ganization may, during the transition pe- penses. the Board; riod, continue to issue obligations under sec- (2) REQUIREMENTS.—Annual assessments (B) explaining why an orderly merger of tion 303. Any new obligation issued during imposed by the Director shall be— the Organization into the new corporation is the transition period shall mature before the (A) imposed prior to October 1 of each not feasible before the latest date designated designated merger date. year; by the Board; SEC. 505. EFFECT OF MERGER. (B) collected at such time or times during (C) describing the steps that have been (a) TRANSFER OF ASSETS AND LIABILITIES.— each assessment year as determined nec- taken to consummate an orderly merger of (1) TRANSFER OF ASSETS.—On the des- essary or appropriate by the Director; the Organization into the new corporation ignated merger date, all property, real, per- (C) deposited into the Federal Housing En- not later than 11 years after the date of en- sonal, and mixed, all debts due on any ac- terprises Oversight Fund established by sec- actment of this Act; and count, and any other interest of or belonging

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2834 CONGRESSIONAL RECORD — SENATE February 16, 1995 to or due to the Organization shall be trans- ing, Finance and Urban Affairs report ref- Again, I cannot stress enough how much ferred to and vested in the new corporation erenced in the draft, this type of assistance your efforts in this regard are appreciated. without further act or deed, and title to any to Tribes is desperately needed. Your efforts The Tribe acknowledges this efforts and will property, whether real, personal, or mixed, to remedy the current housing situation for endeavor to help where we can. shall not in any way be impaired by reason Native Americans is greatly appreciated. Thank you very much for the opportunity of the merger. After a brief review of the draft NAFSO, I to comment. Please contact my office if you (2) TRANSFER OF LIABILITIES.—On the des- have some initial observations. First, with require anything further. ignated merger date, the new corporation respect to governance of NAFSO, it will be Sincerely, shall be responsible and liable for all obliga- important to ensure that financial services JUDY KNIGHT FRANK, tions and liabilities of the Organization and experts are either on the Board of Directors Chairperson. neither the rights of creditors nor any liens or in a position to directly advise them. The upon the property of the Organization shall issue here is that such experts will be re- NATIONAL AMERICAN INDIAN be impaired by the merger. quired for a successful NAFSO and to assist HOUSING COUNCIL, (b) TERMINATION OF THE ORGANIZATION AND in the establishment of NAFIs. Experts are Washington, DC, January 24, 1995. ITS FEDERAL CHARTER.—On the designated necessary for the fiscal management of Hon. BEN NIGHTHORSE CAMPBELL, merger date— NAFSO itself. U.S. Senate, Washington, DC. (1) the surviving corporation of the merger Second, along these same lines, there prob- DEAR SENATOR: On behalf of the NAIHC’s shall be the new corporation; ably should be some federal oversight, but Board of Directors and membership, I am (2) the Federal charter of the Organization not necessarily regulatory control, con- writing to thank you for supporting legisla- shall terminate; and sistent with the United States’s trust re- tion that is very important to the Native (3) the separate existence of the Organiza- sponsibility, to make sure NAFSO and American community. In particular, your tion shall terminate. NAFIs are properly established and operated. support for the Native American Financial Services Organization (NAFSO) is greatly (c) REFERENCES TO THE ORGANIZATION IN This oversight would be in addition to that appreciated as NAIHC believes this legisla- LAW.—After the designated merger date, any required by the draft if NAFSO is authorized reference to the Organization in any law or to purchase and sell Native American mort- tion will bring much needed relief to solving regulation shall be deemed to refer to the gages. Please advise if NAFIs would be sub- the housing problems for Native Americans. The housing needs in Indian Country re- new corporation. ject to banking and lending laws as other main acute and we recognize that we must (d) SAVINGS CLAUSE.— such institutions are. Third, a more detailed move beyond housing assistance from the (1) PROCEEDINGS.—The merger of the Orga- explanation of what the ‘‘tribal contribu- federal government. NAFSO will help us do nization into the new corporation shall not tion’’ will amount to in NAFSO’s future so. We believe that allowing the creation of abate any proceeding commenced by or would be beneficial. Many tribes with lim- ited financial resources will have concerns Native American Financial Institutions against the Organization before the des- (NAFIs) will also stimulate local economies about this facet of the legislation and some ignated merger date, except that the new and encourage privately financed housing. indication of what such contributions will corporation shall be substituted for the Or- Your recognization that NAFSO will have ganization as a party to any such proceeding entail may help to alleviate apprehension a positive affect on Indian Country is appre- as of the designated merger date. about them. Nevertheless, some tribes may ciated and valued. Please feel free to contact (2) CONTRACTS AND AGREEMENTS.—All con- oppose any tribal contributions at all. One me if I can be of further support regarding tracts and agreements to which the Organi- would hope that the NAFSO could operate on this legislation. zation is a party and which are in effect on its own resources if it is indeed successful. Sincerely, To sum up, my primary concern involves the day before the designated merger date RUTH A. JAURE, ensuring that NAFSO will be successful, par- shall continue in effect according to their Executive Director. terms, except that the new corporation shall ticularly considering it will be up to the Tribes in large part to do so. Some expert or be substituted for the Organization as a U.S. DEPARTMENT OF HOUSING AND federal representation on the Board of Direc- party to those contracts and agreements as URBAN DEVELOPMENT, tors would be helpful in this regard. of the designated merger date. Washington, DC, September 22, 1994. Coupled with this consideration is the im- Hon. ALBERT GORE, JR., TITLE VI—AUTHORIZATIONS OF portance of oversight for operations of President of the U.S. Senate, APPROPRIATIONS NAFIs. This seems appropriate since the Washington, DC. SEC. 601. AUTHORIZATION OF APPROPRIATIONS draft implies these institutions will be very DEAR MR. PRESIDENT: I am pleased to FOR NATIVE AMERICAN FINANCIAL similar to banks, institutions which are al- INSTITUTIONS. transmit to you the ‘‘Native American Fi- ready highly regulated. nancial Services Organization Act of 1994.’’ (a) IN GENERAL.—There are authorized to As you may be aware, the Department of For the past several months, the Department be appropriated to the Fund, without fiscal Veteran’s Affairs entered into a Cooperative of Housing and Urban Development has been year limitation, $20,000,000 to provide finan- Agreement with the Tribe on November 15, working with the Departments of the Treas- cial assistance to Native American Financial 1993 to assist us in obtaining home loans for ury, the Interior, Agriculture and Veterans’ Institutions. veteran tribal members. To date, no loans Affairs, in consultation with the Native (b) NOT MATCHING FUNDS.—To the extent have been processed under this Cooperative that a Native American Financial Institu- American Community to develop this bill. Agreement. At the same time, I have some Based upon the findings and recommenda- tion receives a portion of an appropriation concern about HUD’s involvement in this made under subsection (a), such funds shall tions of the Commission on American Indian, program based on their inability to resolve Alaska Native and Native Hawaiian Housing, not be considered to be matching funds re- this problem on its own. Nevertheless, surely quired of the Native American Financial In- established by Public Law 101–235, HUD be- HUD has learned much from its mistakes lieves that housing shortages and deplorable stitution under section 108(e) of the Riegle and should add to the process. Whether that Community Development and Regulatory living conditions have reached crisis propor- agency should be a majority voice in the de- tions in Native American communities Improvement Act of 1994. cision-making or policy formulating process throughout the United States. SEC. 602. AUTHORIZATION OF APPROPRIATIONS is something that should be examined. Historically, financing for most Native FOR ORGANIZATION. The shortage of suitable housing on this American housing and economic develop- The Secretary of Housing and Urban Devel- Reservation is severe. We currently have ment has been provided through government opment may, to the extent provided in ad- close to 400 individuals without a permanent programs. These federal programs, however, vance in an appropriations Act, provide not home and near 300 which have placed them- do not fully meet the needs of Native Amer- more than $10,000,000 to the Fund for the selves on the waiting list for housing. Out of ican communities. Furthermore, there are funding of a cooperative agreement to be en- the 1500 or so tribal members which reside few financial institutions that provide finan- tered into by the Fund and the Organization here, this means over 25% of our people are cial services to these communities. for technical assistance and other services to without a permanent home. We also have in- To begin to address this crisis, the Depart- be provided by the Organization to Native formation which indicates that upwards of ment is proposing this legislation to improve American Financial Institutions. 200 families are forced to share their homes the conditions and supply of housing in Na- with other families to provide the most basic tive American communities by creating the UTE MOUNTAIN UTE TRIBE of human needs, shelter. As you can under- Native American Financial Services Organi- TOWAOC, COLORADO, stand, this desperate situation seriously af- zation. This legislation would establish a January 26, 1995. fects tribal member’s sense of self-worth and limited government-chartered corporation to Senator BEN NIGHTHORSE CAMPBELL, self-esteem. be known as the Native American Financial Russell Office Building, Washington, DC. Although this Tribe operates a Casino as Services Organization (NAFSO). A Federal DEAR SENATOR CAMPBELL: Thank you for well as other successful enterprises, we must grant would capitalize the federally-char- your letter of January 25, 1995 requesting my utilize those funds for operation of the Trib- tered, for-profit NAFSO through a coopera- comments on the draft Native American Fi- al budget and economic development to keep tive agreement. Under the agreement, nancial Services Organization Act (NAFSO) our people working and reduce unemploy- NAFSO could assist Native Americans in attached thereto. Based on this Tribe’s expe- ment. It is for this reason that your draft creating local financial institutions to ad- rience and on the House Committee on Bank- NAFSO/NAFI legislation is urgently needed. dress their capital needs. The Federal

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2835 NAFSO charter would cease to exist upon a ican mortgages and the Department of Hous- might meet their housing and related designated date, by which time it would be ing and Urban Development would have gen- infrastructure needs. merged into a private corporation. The legis- eral regulatory authority. Mr. President, this administration lation also provides for an ‘‘asset cap’’ that The ‘‘Native American Financial Services heeded the Commission’s call for ac- Act of 1994’’ would provide financial inde- is designed to limit the size of the NAFSO to tion. The Department of Housing and $20 million. It is anticipated that the NAFSO pendence to the Native American commu- will be privatized in order to grow beyond nity that has never been enjoyed before. It Urban Development spearheaded a this limit. It also is anticipated that tribal provides the structure to marry private fi- multi-departmental effort, which in- contributions would assist the NAFSO in be- nancial resources with Federal and tribal re- cluded representatives for the Depart- coming self-sufficient over time. sources in a way that benefits all parties. ment of the Treasury, the Bureau of In- The governance of the NAFSO would be The creation of the NAFSO would have the dian Affairs, and the Office of Manage- vested in a Board of Directors that would be ripple effect of opening avenues to economic ment and Budget. The working group development and housing that have not been representative of the Native American com- began with the Commission’s legisla- munity. Shares would be equitably distrib- available heretofore. uted among federally-recognized tribes; the The Office of Management and Budget has tive proposal, and ended with the meas- Board could elect to distribute additional advised that it has no objection to the trans- ure which I am honored to be co-spon- shares on an investment basis. mittal of this legislation to Congress. soring today. This administration de- It is the purpose of this Act— I request that the bill be referred to the ap- serves to be commended for recog- (1) to help serve the mortgage, economic propriate committee and urge its early con- nizing the distressed housing condi- development, and other lending needs of Na- sideration. I am sending a similar letter to the Speaker of the House of Representatives, tions under which many of our native tive Americans by assisting in the establish- American families live and for taking ment and organization of Native American Thomas S. Foley. community lending institutions that would Sincerely, deliberate and meaningful steps to be called Native American Financial Institu- HENRY G. CISNEROS, change and improve these cir- tions (NAFIs); NAFIs would be any type of Secretary. cumstances. financial institution, including community Mr. INOUYE, Mr. President, I rise In many, many respects, the measure banks, credit unions and savings banks, and today to express my support for a being introduced today addresses the therefore could provide a wide range of fi- measure being introduced by my es- concerns of the National Commission nancial services; teemed colleague from Colorado, Sen- on American Indian, Alaska Native, (2) to develop and provide financial exper- ator BEN NIGHTHORSE CAMPBELL. This and Native Hawaiian Housing and em- tise and technical assistance to NAFIs, in- cluding assistance on how to overcome bar- measure, the Native American Finan- bodies the spirit of the Commission’s riers to lending on Native American lands, cial Services Organization Act of 1995, recommendations. But Mr. President, I and the past and present impact of discrimi- is being introduced at the request of wish to point out one very fundamental nation; the administration. It is the end-prod- difference between this measure, and (3) to promote access to mortgage and eco- uct of a multiagency Federal working the Commission’s legislative proposal. nomic development credit throughout Native group whose goal was to craft a legisla- The omission—one which I have just American communities by increasing the li- tive proposal which would encourage, cause to be concerned about—is a glar- quidity of financing for housing and improv- promote, and foster the delivery of ing the distribution of investment capital ing one, for while the original proposal available for such financing, primarily housing and economic development fi- included native Hawaiians, the bill be- through NAFIs; nancing to native American families fore us today does not. (4) to direct sources of public and private and communities. Mr. President, the Commission’s capital into housing and economic develop- Mr. President, it is difficult for many final report documented that native ment for Native American individuals and of us here to comprehend the sheer Hawaiians are among the neediest in families, primarily through NAFIs; and, magnitude of the housing needs of this the State of Hawaii—they have the (5) to provide ongoing assistance to the Nation’s native communities. In 1993, worst housing conditions and the high- secondary market for residential mortgages the Bureau of Indian Affairs of the U.S. and economic development loans for Native est percentage of homelessness, rep- American individuals and families, NAFIs, Department of Interior estimated that resenting over 30 percent of the State’s and other borrowers by increasing the liquid- 88,689 native American families were in homeless population. Under any cir- ity of such mortgage investments and im- need of housing assistance. But anyone cumstances, the figures would be de- proving the distribution of investment cap- familiar with Indian country would plorable, but the truth is that this situ- ital available for such residential mortgage agree that these figures reflect a gross ation can only worsen. I surely do not financing. underestimation. I am pleased to note need to point out that Hawaii is one of At the outset, it is contemplated that the that in the next few months, the De- NAFSO itself will not purchase and sell Na- the most expensive States in which to tive American mortgages originated by the partment of Housing and Urban Devel- build, rent, or purchase a home, and NAFIs, but rather will work with the exist- opment will be releasing the results of that, according to a recent survey con- ing secondary market for residential mort- an assessment of Indian housing needs ducted by the National Association of gages to increase the liquidity for such in- and programs. This survey is one of the Home Builders, Honolulu ranked 179th vestment. However, if it is later determined most ambitious and comprehensive out of 185 places in home affordability. that the secondary market is not meeting ever undertaken, and it is my hope Mr. President, I stand here, not only reasonable mortgage purchase goals estab- that we in the Congress will finally be as a co-sponsor, in support of this lished by this department, the NAFSO will provided with a more accurate picture measure, but as the senior Senator be authorized to purchase and sell such mortgages. of the housing needs and conditions of from the State of Hawaii and one who The Secretary of Housing and Urban Devel- native American families. has long sought to address the housing opment would be authorized to provide up to The Native American Financial Serv- needs of the native Hawaiian people. I $10 million, subject to appropriations, for the ices Organization Act has its genesis in must express for the record my dis- funding of a cooperative agreement for tech- the finding and recommendations of appointment that this bill departs from nical assistance and other services to be pro- the National Commission on American the recommendation of the very Com- vided by the NAFSO to NAFIs. In addition, Indian, Alaska Native, and Native Ha- mission which was the genesis for the there would be authorized, without fiscal waiian housing. The Commission, es- concept of a financial service organiza- year limitation, $20 million to provide finan- cial assistance through the NAFSO to tablished pursuant to Public Law 101– tion—namely that native Hawaiians NAFIs. Funding would be made available 235, documented that native American should be included in this measure. I from the Community Development Financial Families and communities were over- assure you that I will seek to honor the Institution (CDFI) fund. NAFIs are not eligi- whelmingly and consistently access to Commission’s recommendations. ble for additional funding under the CDFI conventional financing mechanisms, Mr. MCCAIN. Mr. President, today I fund if the NAFI elects to receive funding often due to the unique legal status of am pleased to join as an original co- under this Act. Indian trust lands. The Commission sponsor of a bill to establish a Native This legislation further provides that the recommended the creation of a Native American Financial Services Organiza- Office of Federal Housing Enterprise Over- sight would regulate matters pertaining to American Finance Authority to direct tion [NAFSO] that will provide finan- the financial safety and soundness of the sources of capital to native Americans, cial incentives to increase homeowner- NAFSO in the event that the NAFSO is au- native American families, and other el- ship opportunities in Indian and Alas- thorized to purchase and sell Native Amer- igible mortgagors in order that they ka Native communities.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2836 CONGRESSIONAL RECORD — SENATE February 16, 1995 Indian housing problems have housing efforts, one of which is re- wheat, peanut butter, dairy products, reached crisis proportions with seri- flected in the Department’s develop- and poultry products, and these dis- ously deteriorating conditions and se- ment of this NAFSO proposal, and I putes have impacted more than just vere overcrowding. The latest U.S. Cen- look forward to working with the ad- the 12 northern border States. sus report indicates that 18 percent of ministration to enact this important But each and every day an enormous Indian reservation homes are over- legislation. quantity of trade and traffic crosses crowded, while the comparable data for the United States-Canada border. the Nation as a whole is 2. The short- By Ms. SNOWE: There are literally thousands of busi- age of housing is made even more acute S. 437. A bill to establish a Northern nesses, large and small, that rely on by the deplorable condition of existing Border States-Canada Trade Council, this cross-border traffic and trade for housing in native American commu- and for other purposes; to the Com- their livelihood. Any disruption in that nities. Many Indian homes lack run- mittee on Finance. flow of traffic and trade, whether in- ning water, indoor bathrooms, suffi- ESTABLISHMENT OF A NORTHERN BORDER tentional or not, would have traumatic cient heat, or weatherization. STATES COUNCIL ON UNITED STATES AND CA- economic consequences on hundreds of To date, most of the housing con- NADIAN TRADE thousands, if not millions, of people in struction done on reservations has ∑ Ms. SNOWE. Mr. President, today I the 12 northern border States. been financed directly by the U.S. Gov- am introducing legislation that would The people best qualified to monitor ernment. But Indian housing needs establish the Northern Border States that cross-border traffic and trade live have far out-stripped the capacity of Council on United States-Canada in the States along our northern bor- Federal housing construction efforts. Trade. The purpose of this Council is to der—States that share that border with Everyone who has looked at the prob- oversee cross-border trade with our Na- Canada. This is why it is important lem agrees that one main reason for tion’s largest trading partner—an ac- that the members of this Council be the Indian housing disaster is an ab- tion that I believe is long overdue. The from those States. sence of private capital participation Council will serve as an early warning My own State of Maine has had a in financing housing in Indian and system to alert State and Federal long-running dispute with Canada over Alaska Native communities. trade officials to problems in cross-bor- that Nation’s unfair policies in support The bill I am cosponsoring today der traffic and trade. And the Council of its potato industry. Specifically, would begin to change the Federal role will help the United States more effi- Canada protects its domestic potato in Indian housing in ways that ciently manage the administration of growers from United States competi- strengthen and empower local tribal its trade policy with Canada by apply- tion through a system of nontariff governments in their efforts to in- ing the wealth of insight, knowledge trade barriers, such as setting con- crease housing opportunities in their and expertise that resides in our north- tainer size limitations and a prohibi- communities. The bill would do this by ern border States on this critical pol- tion on bulk imports from the United federally chartering a limited, for-prof- icy issue. States. This bulk import prohibition it corporation to be known as the Na- Yes, we already have the Department effectively blocks United States potato tive American Financial Services Orga- of Commerce and a U.S. Trade Rep- imports into Canada. At the same nization [NAFSO]. NAFSO would assist resentative. But the fact is that these time, Canada artificially enhances the Indians and Alaska Natives to create both are federal entities, responsible competitiveness of its product through local financial institutions that will for our larger, national U.S. trade in- domestic subsidies for potato growers. attract capital investment in housing terest. Too often, they do not look Another trade dispute with Canada, in Indian communities. It would also after the interests of the 12 Northern specifically with the province of New work within the existing secondary States that share a border with Can- Brunswick, served as the inspiration market to increase the liquidity of ada. The Northern Border States Coun- for this legislation. In July 1993, Cana- mortgages placed on housing located cil will provide State trade officials a dian Federal Customs Officials began on land held in trust for Indians by the mechanism to share information about stopping Canadians returning from United States. If sufficient levels of cross-border traffic and trade. The Maine and collecting from them the 11- private lending are not achieved, at a Council will then advise the Congress, percent New Brunswick provincial later date NAFSO could enter the sec- the President, the United States Trade sales tax [PST] on goods purchased in ondary market itself to purchase and Representative, the Secretary of Com- Maine. Canadian Customs Officers had sell portages. merce, and other Federal and State already been collecting the Canadian I am particularly pleased that the trade officials on United States-Canada Federal sales tax all across the United bill contains a sunset-type provision trade policies, practices, and relations. States-Canada border. The collection under which the Federal charter would Canada is America’s largest trading of the New Brunswick PST was specifi- cease and NAFSO would be merged into partner. Trade with Canada accounts cally targeted against goods purchased a private corporation to permit further for approximately one-fifth of total in Maine—not on goods purchased in growth and attract private contribu- United States exports and Canada is any of the other provinces bordering tions, including those of tribes with the top purchaser of U.S. exports. Can- New Brunswick. The premier of New funds to invest in Indian and native ada is also the largest supplier of Brunswick even admitted that his American housing. United States imports. Canada needs to province had no intention of trying to I look forward to a hearing on this maintain close trade ties with the collect the PST along any of its provin- bill because it will provide an oppor- United States to assure its survival. cial borders. Only along the border tunity for the Committee on Indian Af- The Canadian economy is heavily ori- with Maine. fairs to evaluate this proposal to en- ented on exports, and most—roughly 75 After months of imploring the United sure that it is properly designed to ac- percent—of that trade is directly with States Trade Representative to do complish its goals. While a commission the United States. something about the imposition of the on Indian and native American housing Over the last decade, Canada and the unfair tax, Ambassador Kantor agreed recommended the concepts underlying United States have signed two major that the New Brunswick PST was a this bill, and while many tribal govern- trade agreements—the United States- violation of NAFTA, and that the ments already are on record in support Canada Free-Trade Agreement in 1989, United States would include the PST of the bill as introduced, I will ask and the North American Free-Trade in the NAFTA dispute settlement proc- tribes and tribal organizations to scru- Agreement in 1993. Notwithstanding ess. It has languished in that process tinize the bill and provide the com- these trade accords, numerous dis- for almost a year because Canada and mittee with recommendations to im- agreements have caused trade nego- Mexico have been stubbornly refusing prove it and sharpen its focus on the tiators to shuttle back and forth be- to finalize the details of the NAFTA serious problems plaguing Indian hous- tween Washington and Ottawa. Most of dispute resolution process. ing. the more well-known trade disputes Throughout the early months of the I commend HUD Secretary Cisneros with Canada have dealt with agricul- PST dispute, we in the State of Maine for his increased support for Indian tural commodities such as durum had enormous difficulty convincing our

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2837 Federal trade officials that the PST not solve all of our trade problems with Week, crime bears an enormous cost: was in fact an international trade dis- Canada. But it will ensure that the The total direct and indirect cost of pute that warranted their attention ac- voices and views of our northern border crime in America is a staggering $425 tion. We had no way of knowing if the States are heard in Washington by our billion. PST was a national problem, or a local- Federal trade officials. For too long Sadly, crime does not discriminate ized one. If a body like the Northern their voices were ignored, and the across regional or social boundaries. State Trade Council had been in exist- northern border States have had to suf- Crime reaches to us all—and exacts a ence when the collection of the PST fer severe economic consequences at devastating personal toll on its victims began, if would have immediately times because of it. This legislation and their families and loved ones. Few started investigating the issue to de- will restore our northern border States among us have escaped the devastating termine its causes and make rec- to their rightful position as full part- impact of crime. Every day, 14 Ameri- ommendations on how to deal with it. ners in administering and managing cans are murdered, 48 are raped, and In short, the Northern Border States corss-border trade and traffic with 578 are robbed. In our lifetimes, one- Council will serve as the eyes and ears America’s largest trading partner. third of all Americans will be robbed. for our States that share a border with I urge my colleagues to join me in Three-fourths will be assaulted. Canada, and are vulnerable to fluctua- supporting this important legislation.∑ In the course of the average day in tions in cross-border trade and traffic. America, there is a murder every 21 The Council will be a tool for Federal By Ms. SNOWE: minutes. Rape is committed once every and State officials to use in monitoring S. 438. A bill to reform criminal laws, 5 minutes. Robberies occur every 46 their cross-border trade. It will help and for other purposes; to the Com- seconds. Burglaries occur every 10 sec- ensure that national trade policy re- mittee on the Judiciary. onds. Imagine: A boy born in 1978 garding America’s largest trading part- LEGISLATION TO STRENGTHEN AMERICA’S ANTI- stands a greater chance of being mur- ner will be developed and implemented CRIME LAWS dered in the United States than one of with an eye toward the unique burdens ∑ Ms. SNOWE. Mr. President, today I our brave soldiers in World War II and opportunities present to the north- am introducing legislation to address stood of dying in combat. ern border States. the serious problem of crime in Amer- Last year, Congress passed the Presi- The Northern Border States Council ica, while offering stronger protection dent’s crime bill—a package that took will be an advisory body, not a regu- to the victims of crime. My legislation steps to punish violent criminals and latory one. Its fundamental purpose will propose mandatory minimum sen- keep them off the streets, and to ad- will be to determine the nature and tences for criminals who use a firearm dress the root problems of crime. Un- course of cross-border trade issues or while committing violent State crimes; fortunately, however, the President’s disputes, and to recommend how to re- require truth-in-sentencing provisions bill stopped short of proposals that I solve them. so that criminals complete at least 85 believe will give our Nation’s The duties and responsibilities of the percent of their sentences; eliminate anticrime laws teeth. Council will include, but are not lim- prison luxuries that coddle prisoners, My legislation includes tough provi- ited to, providing advice and policy and require courts to order restitution sions to provide mandatory minimum recommendations on such matters as for the victims of crimes. sentences for violent State crimes, or taxation and the regulation of cross- Many of these proposals—which are State drug trafficking crimes involving border wholesale and retail trade in designed to strengthen the crime pack- the use or possession of a firearm. goods and services; taxation, regula- age passed by Congress last year—are Clearly, we must crack down on the tion and subsidization of food, agricul- not new. Some have already won pas- violent offenders who have been proven tural, energy, and forest-products com- sage in the Senate as part of the Sen- responsible for the vast majority of modities; and the potential for Federal, ate-passed crime bill. But they are im- crimes. State, and Canadian provincial laws portant proposals—and it is important Studies by the criminologist Marvin and regulations—including customs for our citizens and especially for our Wolfgang show that just 7 percent of and immigrations regulations—to act children—that we include these plans each age group was responsible for two- as nontariff barriers to trade. to get tough on crime. As an advisory body, the Council will thirds of all violent crime, including When 23 million households will suf- review and comment on all Federal three-fourths of all rapes and rob- fer from crimes this year, it is no won- and/or State reports, studies, and prac- beries—and virtually every murder. Ac- der that crime is the number one con- tices concerning United States-Canada cording to Mr. Wolfgang’s study—con- cern of most Americans, whether in a trade, with particular emphasis on all ducted in Philadelphia over a 13-year relatively safe State like Maine, or reports from the dispute settlement period—this 7 percent of the population here in the District of Columbia. As panel established under the North had five or more arrests by the age of Americans scan the front page of the American Free Trade Agreement. 18. For every arrest, each individual These Council reviews will be con- newspapers every morning, word of had gotten away with another dozen ducted upon the request of the U.S crimes right in our own neighborhoods crimes. Trade Representative, the Secretary of catches our eye, puts us on guard—and Indeed, it is estimated that last year, Commerce, any Member of Congress keeps the American people on edge. We more than 1,100 convicted murderers from a Council State, and the Governor have been raised in a humane and ad- did not go to prison; more than 6,900 of a Council State. vanced nation—and our citizens place a convicted rapists did not go to prison; If the Council determines that the or- premium on safety, security. For too more than 37,000 individuals convicted igin of a cross-border trade dispute re- many Americans, the home is no of aggravated assault did not go to sides with Canada, the Council must longer a castle. Too many Americans prison. determine, to the best of its ability, if must lock up their homes like a for- My proposal will impose tough man- the source of the dispute is the Cana- tress, and walk through our streets datory minimum sentences on violent dian Federal Government or a Cana- with fear because of the scourge of vio- criminals. For first-time offenders, we dian provincial government. lent crime. will direct the courts to impose sen- My goal is not to create another Fed- Indeed, Americans no longer feel safe tences of 10 years for those who possess eral trade bureaucracy. The Council in their own neighborhoods. In the 35 a firearm; 20 years if they discharge will be made up of individuals nomi- years since 1960, the population of the that firearm with the intent to harm nated by the Governors and approved United States has increased by 44 per- another person; and 30 years for posses- by the Secretary of Commerce. Each cent. Over that same time, violent sion of a machine gun or other weapon Northern border State will have two crime in America has increased by equipped with a firearm silencer or members on the Council. The Council more than 500 percent. Our Nation has muffler. members will be unpaid, and serve a 2- lost its edge in law enforcement and in Too often, however, even a tough year term. humane social efforts that meet the first sentence is not enough to stop the The Northern Border States Council root causes of crime. Indeed, according endless cycle of crime. More than 40 on United States-Canada Trade will to a recent study published in Business percent of murderers released from

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2838 CONGRESSIONAL RECORD — SENATE February 16, 1995 State prisons are re-arrested for a fel- nate the luxuries in our prisons from ulations issued by certain Federal de- ony or serious misdemeanor within 3 expansive weight lifting equipment to partments and agencies, and for other years—more than 20 percent for an- X-rated movies, cable television, com- purposes; to the Committee on Govern- other violent crime. Of the 50,000 vio- puter, even miniature golf. mental Affairs. lent criminals who are put on proba- Instead, we should require every REGULATORY REFORM COMMISSION ACT tion this year, more than 9,000 will not able-bodied prisoner to work, and begin ∑ Mr. THOMAS. Mr. President, it is learn their lesson. They will be re-ar- to return to society part of what the well known that Federal regulations rested in the same State within 3 years prisoner has taken. My legislation will stifle economic growth. The cost of for another violent crime. An aston- give the Attorney General 120 days to complying with Federal regulations ishing 10 percent of America’s jail pop- implement and enforce regulations alone is estimated to be between $300 ulation—39,000 people in 1989—com- mandating prison work for able-bodied and $500 billion per year—$4,000 to mitted their current crime while out inmates in Federal penal and correc- $6,000 for every working man and on parole. tional institutions. woman in America. The private sector So for second-time offenders, we will In addition to these provisions that spends 6.6 billion hours year complying make our mandatory minimum sen- get tough on criminals and make our with Federal paperwork requirements. tences tougher; 20 years for possession tough sentences stick, my legislation The number of pages in the Federal of a firearm, 30 years for discharge of a includes provisions to require increased Register last year was 45 percent high- firearm with the intent to injure an- fairness—and awareness—of the vic- er than the number in 1986—without other person, and life in prison for pos- tims of crimes. For the 5 million people the Clinton health care bill going any- session of a machine gun. each year who are victims of violent where. And for a third offense? Three strikes crimes—such as rape, murder, robbery These excessive and misguided man- and they’re out—for life imprisonment or assault—these provisions will pro- dates impose enormous economic costs for any violent offender. vide increased security and peace of that limit economic growth and job My provisions for mandatory min- mind. While criminals can pursue one creation. Small and medium-sized busi- imum sentences will prohibit States legal remedy after another, victims of nesses—which are the businesses in my from offering probation or suspended crimes quickly exhaust their options State of Wyoming—are disproportion- sentences, and we will direct the courts and are frequently forced to quietly ately hurt by overregulation because that sentences cannot run concur- bear the brunt of the crime, alone, and they have fewer resources to allocate rently. This legislation also provides without restitution. for compliance. for Good Samaritans or for citizens Victim restitution presently can be Mr. President, the 1994 elections were who act in self-defense: the provision ordered by courts, at the discretion of about change. The American people will not apply to those acting in de- the court. My legislation will require want less government in their lives. fense of person or property during the courts to order restitution, and extends They don’t want OSHA inspectors course of a crime committed by an- to the victims of crimes the same sort breathing down their necks, they don’t other person. of safeguards that we extended to want to pay for unnecessary EPA man- Criminals have also learned, over women in the Violence Against Women dated facilities and they don’t want times, that the odds in sentencing are Act, which I cosponsored in the House. Washington bureaucrats telling them in their favor. For every 100 violent This legislation will state that vic- how to live their lives. That is why I am introducing the crimes reported, only 4 criminals go to tims should be reimbursed for all nec- Regulatory Reform Commissions Act. prison. The risk of punishment for a se- essary expenses related to the inves- This measure is designed to look back, rious criminal offense has declined by tigation and prosecution of crime, review, and reduce existing regula- two-thirds since 1950, while the annual whether child care, transportation or tions. My legislation would establish number of serious crimes is seven other expenses. No longer will the eco- three bipartisan Regulatory Review times greater than it was then. This nomic cost of prosecution serve as a de- Commissions, one for each selected fact is not lost on criminals, who know terrent that could keep victims from that if they scoff at the criminal jus- Federal department or agency. Ini- vigorously pursuing justice. tially, I have selected the Departments tice system—and hire a good lawyer— This legislation also will require re- of Interior, Labor, and the Environ- they can go free in little, if any time. imbursement to the victim for medical Even when criminals are convicted and mental Protection Agency [EPA]. Over services resulting from physical, psy- a 2-year period, the commissions will sent to prison after appeals, they know chiatric or psychological care, physical that the average violent offender—who examine all regulations within the se- and occupational therapy costs due to lected Federal department or agency in 1990 received a sentence of 7.8 rehabilitation, and all other losses suf- and determine if the regulations are years—will serve just over 3 years in fered by the victim because of the justified and report all appropriate jail. crime. I believe that these provisions To make sure that convicted crimi- changes to Congress, the department, provide basic fairness for the victims of and the Director of the Office of Man- nals serve their time, my legislation crime, and begin to balance our crimi- will enact truth-in-sentencing provi- agement and Budget [OMB]. The com- nal justice system again by keeping in missions will examine the depart- sions. In order to be eligible for prison mind the needs of crime victims. ment’s or agency’s rules based on the funding under the 1994 crime bill, this Mr. President, the people of Maine following criteria: Whether the regula- legislation will require that States and America have a right to be person- tions are within the scope of authority change their laws to require violent of- ally secure, free from the fear of vio- of the statutes under which the regula- fenders to serve a minimum of 85 per- lent crime. My legislation combines tions were issued; whether the regula- cent of their required sentence. positive steps that punish criminals tions are consistent with the original Prison is not meant to be a pleasant and keep them off the streets, and to intent of Congress; whether the regula- experience: it is meant, instead, to meet the often-overlooked needs of the tions are based on cost/benefit anal- serve as both a deterrent to crime and victims of crime. This is legislation ysis; and whether the regulations are to rehabilitate criminals so that they that is overdue, and will improve our subject to judicial review. can again become productive members nation’s crime-fighting efforts. There have been several different of society. Too often, however, our I urge my colleagues to join me in proposals, which I support, to prevent criminal justice system has coddled supporting this legislation.∑ new onerous regulations. This legisla- prisoners with luxury items that even tion is a perfect fit with those efforts, hard-working Americans can not af- By Mr. THOMAS (for himself, Mr. because it reviews the rules already on ford. Indeed, our Federal prison system LOTT, Mr. SIMPSON, Mr. INHOFE, the books. has earned the nickname ‘‘Club Fed’’ Mr. COATS, Mr. MURKOWSKI, and I urge my colleagues to join me in because of its luxury. I believe our Fed- Mr. COCHRAN): the effort against overregulation.∑ eral prison system must instead ad- S. 439. A bill to direct the Director of dress the root causes of crime as it re- the Office of Management and Budget By Mr. WARNER (for himself, habilitates prisoners. We should elimi- to establish commissions to review reg- Mr. CHAFEE, Mr. BAUCUS, Mr.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2839 MOYNIHAN, Mr. BOND, Mr. FAIR- Routes on the NHS must be among to the NHS following enactment of this leg- CLOTH, Mr. KEMPTHORNE, Mr. the first to benefit from the applica- islation. LAUTENBERG, Mr. LIEBERMAN, tion of new and emerging technologies Sec. 3: Section 3 amends section 103(i) of title 23 Mr. INHOFE, Mr. REID, Mr. to improve safety and reduce conges- to permit States to use National Highway SMITH, Mr. LUGAR, Mrs. BOXER, tion. System and Congestion Mitigation and Air Mr. GRAHAM, and Mr. PELL): In Virginia, the twin problems of Quality funds for operational expenses of In- S. 440. A bill to amend title 23, congestion and safety in major urban/ telligent Vehicle Highways System (IVHS) United States Code, to provide for the suburban areas have been the focus of projects for an unlimited period of time designation of the National Highway our transportation policies for some rather than the two years currently stipu- System, and for other purposes; to the time. lated. Committee on Environment and Public We only need to look at Sunday’s Sec. 4: Works. Washington Post to remind us of the Section 4 amends section 104 of title 23 to permit a State to transfer 60 percent of its THE NATIONAL HIGHWAY SYSTEM DESIGNATION dangers of driving on the Capital Belt- bridge apportionments to its National High- ACT OF 1995 way. way System or Surface Transportation Pro- ∑ Mr. WARNER. Mr. President, I am Again this morning, our commuters gram categories. pleased to be joined today by Chairman and commerce suffered extensive Sec. 5: CHAFEE, Senator BAUCUS, Senator LAU- delays on the Capital Beltway when a Section 5 amends section 129(a)(5) of title TENBERG, Senator BOND, and others. tractor-trailer accident at the Cabin 23 to provide that the Federal share for par- We are here today to provide assur- John Bridge closed a large segment of ticipation in toll highways, bridges, and tun- ances to the States, to commercial ac- the beltway for hours. nels shall be a percentage as determined by the State but not to exceed 80 percent. De- tivities dependent on a viable transpor- As a result of this gridlock, com- pending on the facility, the federal share tation system, and to the motoring muters cannot get to work and inter- currently ranges from 50 to 80 percent. public that the Congress will enact the state commerce is delayed. That trans- Sec. 6: National Highway System legislation lates into reduced productivity and Section 6 amends 217(f) of title 23 to permit this year. wasted resources for all Americans. states to apply the federal lands sliding scale The legislation I am introducing to The legislation we are introducing match to bicycle and pedestrian projects. designate the National Highway Sys- today also includes modest provisions Sec. 7: tem is sponsored by 14 of my col- to provide uniformity and flexibility to Section 7 amends section 323 of title 23 to leagues. allow private funds, materials and services States as they continue to implement to be donated to an activity eligible under The National Highway System is the ISTEA. title 23 and permits a state to apply 100 per- cornerstone of the 1991 ISTEA statute As States enter the fourth year of cent of such donated funds, materials or which preserves a Federal role in a core ISTEA and we have sufficient informa- services to the State’s matching share under surface transportation network. tion and experience to support these title 23. As we come to the completion of the modifications. Sec. 8: Eisenhower Interstate System, the As we move this legislation forward, Section 8 states that notwithstanding any NHS is the next generation of Federal my focus will be to reduce mandates on requirements of the Metric Conversion Act focus to meet transportation chal- of 1975, no state is required to erect signs our States, without jeopardizing the which establish speed limits, distance or lenges into the 21st century. safety of the traveling public, and to other measurements using the metric sys- This system of 159,000 miles—al- increase flexibility for States to allo- tem. If a state chooses to use its federal-aid though only a small fraction of high- cate funds to meet their own needs. highway funds for such a purpose, it may do ways in this country—consists of the Mr. President, I ask unanimous con- so. 44,000-mile Interstate System and other sent that additional material be print- Sec. 9: primary routes. ed in the RECORD. Section 9 requires states to receive U.S. Today, we affirm that Federal re- There being no objection, the mate- Department of Transportation approval for Intelligent Vehicle Highway System (IVHS) sponsibility by ensuring a consistency rial was ordered to be printed in the of road engineering and safety among projects within two years of receiving funds RECORD, as follows: for this purpose. If after two years the Sec- the States to provide for the free flow NATIONAL HIGHWAY SYSTEM DESIGNATION ACT retary has not approved a plan, the DOT may of commerce and to efficiently move OF 1995—SECTION BY SECTION ANALYSIS redirect unobligated funds to another IVHS people. Sec. 1: Short Title. project. Prior to such redirection, the Sec- Ideally, Congress has only to approve Sec. 2: retary shall notify the intended recipient the map which is the product of a joint Section 2 approves the most recent Na- that they are in danger of losing their effort between the Department of tional Highway System submitted to Con- funds.∑ Transportation and our States. But, gress by the Secretary of Transportation. ∑ Mr. CHAFEE. Mr. President, I am pragmatically, we all know that this The section also specifies the procedure for pleased to join Senator WARNER in in- legislation will be the 18-wheeler that future changes and modifications to the NHS troducing legislation today that will will carry other issues. after Congress has adopted the initial sys- approve the designation of the Na- tem. At the request of a State, the Secretary We must not, however, be detoured tional Highway System. may add a new route segment to the NHS or As my colleagues will remember, the from our mission. delete an existing route segment and any Without passage of this bill, we know connection to the route segment, as long as Environment and Public Works Com- that our States will be crippled by the the segment or connection is within the ju- mittee fashioned what I believe is a sanction of a loss of $6 billion until risdiction of the requesting State and the landmark surface transportation bill Congress does its job. total mileage of the NHS (including any now known as the Intermodal Surface The NHS also will allow States to route segment or connection proposed to be Transportation Efficiency Act of 1991 benefit from the flexibility and inter- added) does not exceed 165,000 miles. or ISTEA. The purpose of this surface modalism which is the hallmark of If a State requests a modification to the transportation law is to provide mobil- NHS as adopted by Congress, the State must ity for all our citizens, to enable our ISTEA. establish that each change in a route seg- For the first time, States will focus ment or connection has been identified by country to be competitive internation- their investments on connecting our the State in cooperation with local officials. ally, to promote economic develop- rail, air, commercial water ports, and This cooperative process between the State ment, and to provide transportation fa- highways so that performance of the and local officials will be carried out under cilities that are sensitive to the envi- entire system can be maximized. the existing transportation planning activi- ronment and the communities they The NHS also provides an oppor- ties for metropolitan areas and the statewide pass through. tunity for States to target their future planning processes established under ISTEA. The National Highway System, es- investments on these routes which Congress will not approve or disapprove tablished by the surface transportation any subsequent modifications made to the carry high volumes of commuter traf- NHS. The cooperative planning process be- law, is an important part of our coun- fic and commercial truck traffic. tween State and local officials, along with try’s National Transportation System. Improving the safety of the motoring the approval of the Secretary, is the appro- The National Highway System, public must remain a Federal priority. priate forum for considering modifications which includes the Interstate System

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2840 CONGRESSIONAL RECORD — SENATE February 16, 1995 represents 4 percent of the highway Public Law 101–630, the Indian Child social workers, investigators, and pros- system but carries 40 percent of the Protection and Family Violence Pre- ecutors. The hearings also revealed Nation’s highway travel. Even more vention Act. This bill will provide a 2- that due to scare resources, tribal so- importantly, it connects intermodal year reauthorization of appropriations cial workers and mental health profes- and strategic facilities including our pursuant to sections 409, 410, and 411 of sional experienced case loads exceeding ports, airports, train stations, and the act. These sections are critical to national standards. It also became very military bases. Indian tribal governments in pre- clear that both the IHS and the BIA The U.S. Department of Transpor- venting and treating incidents of child lacked the professional experience nec- tation worked with the States and abuse and family violence at the local essary to treat incidents of child sexual local governments to develop the Na- level. Specifically, section 409 requires abuse. tional Highway System. In December the Indian Health Service [IHS] and The Indian Child Protection and of 1993 the Department transmitted the the Bureau of Indian Affairs [BIA] to Family Violence Prevention Act was proposed System to Congress. Congress cooperatively establish an Indian Child intended to give the Federal Govern- must approve the National Highway Abuse Treatment Grant Program, sec- ment an opportunity to meet it’s re- System by September 30 of this year, tion 410 requires the BIA to establish sponsibility to Indian children and or States will not receive over $6 bil- Indian child resource and family serv- families by establishing policies and lion in highway funds. ices centers to provide technical assist- programs which would prevent the The NHS legislation we are intro- ance, training, and to develop policies tragedies of child abuse and family vio- ducing today maintains the important and procedures on child abuse for In- lence. To accomplish the goals of the principles that ISTEA established for dian tribes, and section 411 requires the act, appropriations were authorized per the National Highway System. BIA to establish an Indian Child Pro- fiscal year from 1990 through 1995 to es- First, it maintains the flexibility of tection and Family Violence Preven- tablish prevention and treatment pro- the NHS so that the System can tion Program. grams within the BIA and IHS. The act change as our transportation needs Mr. President, the Indian Child Pro- also authorize the BIA and IHS to as- change. The legislation enables States, tection and Family Violence Preven- sist tribes in establishing on-reserva- in consultation with local officials, and tion Act was enacted into law on No- tion child abuse prevention and treat- the Secretary of Transportation to add vember 28, 1990 to address concerns ment programs. The act also created to and delete routes from the System. raised by the findings of the Senate Se- mandatory Federal child abuse report- Second, the amount of funding a lect Committee on Indian Affairs and ing and prescribed a process by which State receives for the NHS program is the Special Committee on Investiga- child abuse allegations would be han- not tied to the number of miles it has tions. What these committees found dled to prevent further trauma to a on the NHS System. There is no incen- through public hearings was that In- victim. tive to pad the System with a lot of dian country was literally a safe haven Mr. President, the implementation of miles in hopes of receiving more of the for child abuse perpetrators to prey this act has had positive results in In- Federal money. upon Indian children. I’m sure that dian country. Indian tribal govern- And third, the NHS funds retain their many of my colleagues in the Congress ments have initiated local public edu- flexibility. States continue to have the will recall the notorious cases of mul- cation programs on the prevention and ability to transfer NHS funds to other tiple child sexual abuse that rose with- detection of child abuse and domestic categories to target their highest pri- in the Hopi, Navajo, and Cherokee In- violence. However, these local efforts ority needs. dian reservations. These crimes were In addition to the approval of the Na- have been so successful that reports of perpetrated over the course of many tional Highway System, the legislation child abuse and domestic violence inci- years, and in some cases, the crimes we are introducing today includes sev- dents have increased substantially. were perpetrated upon generations of eral other provisions that are in keep- Therefore, the need for funding for families. The Federal investigation and ing with the principles of ISTEA to treatment of these victims has also prosecution of these crimes provided provide flexibility wherever possible. substantially increased. Last Congress, Stability is very important in the insight into the purposeful plan of the the Committee on Indian Affairs re- Federal-aid highway program. States perpetrators in committing their ceived testimony from tribal govern- need the assurance of long-term fund- crimes in Indian communities. Child ments which documented these needs, ing to efficiently manage their trans- abuse perpetrators were aware that the and which called for more vigorous im- portation programs. As the NHS legis- conditions of detecting, reporting, in- plementation of the act by the Federal lation makes its way through Congress vestigating, and preventing crimes agencies. this year, there may be a temptation upon children were in such a sorry Finally, I believe that the possible to reopen the surface transportation state that there crimes would rarely be benefits of the act have not been fully law and debate items that are con- detected. As a result, hundreds of In- realized. Neither the BIA nor the IHS troversial. To disrupt this program and dian children, their families, and com- have successfully requested or received make significant changes in midstream munities needlessly suffered. appropriations to fully implement the Both the Special Committee on In- will damage the transportation pro- programs that are so critical to the vestigations and the Committee on In- gram. If we are to meet the September protection of vulnerable Indian chil- dian Affairs held numerous hours of 30 deadline for approval of the National dren and families. As a result, Indian testimony in which both tribal and Highway System, contentious issues tribal governments that are in des- Federal witnesses testified about the must be postponed until ISTEA is reau- perate need of these services have had serious deficiencies in the Federal Gov- thorized in 1997. to rely on special appropriations and I am pleased to join my colleagues in ernments efforts to assist tribal gov- congressional earmarks to fund their introducing the National Highway Sys- ernments in preventing and treating efforts. Those tribes that are unable to tem bill and will work with them for child abuse and family violence. The obtain earmarks must struggle to pro- its early approval.∑ hearings disclosed that the BIA’s fail- vide child abuse and family violence ure to implement effective background prevention and treatment services By Mr. MCCAIN: checks on potential employees having using existing resources and piecemeal S. 441. A bill to reauthorize appro- contact with children resulted in neg- grants. priations for certain programs under ligent hiring practices, and child abuse Mr. President, I strongly believe that the Indian Child Protection and Fam- reporting procedures deterred employ- extending the authorization of appro- ily Violence Prevention Act, and for ees from reporting suspected child priations for the Indian Child Protec- other purposes; to the Committee on abuse. Tribal witnesses testified that tion and Family Violence prevention Indian Affairs. law enforcement and social services act will enable the Federal agencies THE INDIAN CHILD PROTECTION AND FAMILY lacked coordinated approaches to ad- and Indian tribal governments the op- VIOLENCE PROTECTION ACT dress child victimization. As a result, portunity to continue and enhance the ∑ Mr. MCCAIN. Mr. President, today I victims were often further traumatized work that has begun on behalf of In- am introducing a bill to reauthorize by repeated interviews by physicians, dian children and families.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2841 Mr. President, I ask unanimous con- by Congresswomen JOHNSON and ROU- porations formed under ANCSA and sent that the full text of the bill be KEMA, would assist the Child Support has approximately 6,262 Alaska Natives printed in the RECORD. Enforcement Program with each of enrolled, each of whom were issued 100 There being no objection, the bill was these goals. shares of stock in CIRI, as required ordered to be printed in the RECORD, as To strengthen efforts to locate par- under ANCSA. follows: ents, it expands the Federal parent lo- ANCSA stock, unlike most corporate S. 441 cator system and provides for State-to- stock, cannot be sold, transferred, or Be it enacted by the Senate and House of Rep- State access of the network. To in- pledged by the owners of the shares. resentatives of the United States of America in crease paternity establishment, the Rather, transfers can only happen Congress assembled, bill simplifies paternity procedures, fa- through inheritance, or in limited case, SECTION 1. REAUTHORIZATION OF PROGRAMS. cilitates voluntary acknowledgment, by court decree. Sections 409(e), 410(h), and 411(i) of the In- and encourages outreach. To facilitate dian Child Protection and Family Violence the setting of effective child support To date, no Native corporation has prevention Act (25 U.S.C. 3208(e), 3209(h), and sought to lift the restriction. For the 3210(i), respectively) are each amended by orders, it calls for the establishment of a National Child Support Guidelines most part, this is because Native share- striking ‘‘and 1995’’ and inserting ‘‘1995, 1996, holders continue to value Native own- and 1997’’.∑ Commission to develop a national child support guideline for consideration by ership of the corporations and Native By Ms. SNOWE (for herself and Congress, and provides for a simplified control of the lands and other assets Mr. DOLE): process for review and adjustment of held by them. These shareholders, S. 442. A bill to improve and child support orders. And to facilitate whose numbers consistently register at strengthen the child support collection child support enforcement and collec- the 70- 80-percent level, see economic system, and for other purposes; to the tion, the bill expands the penalties for benefits in the continuation of Native Committee on Finance. child support delinquency to include ownership, and also value the impor- THE CHILD SUPPORT RESPONSIBILITY ACT OF 1995 the denial of professional, recreational, tant cultural goals, values, and activi- ∑ Ms. SNOWE. Mr. President, I am and driver’s license to deadbeat par- ties of their ANCSA corporation. How- pleased to introduce, on behalf of my- ents, the imposition of liens on real ever, a minority of shareholders favor self and Senator DOLE, the Child Sup- property, and the automatic reporting assessing some or all of the value of port Responsibility Act of 1995. of delinquency to credit unions. It also their CIRI stock through the sale of This bill improves upon existing grants families who are owed child sup- that stock. These shareholders include, child support enforcement mechanisms port the right of first access to an IRS but are not limited to, elderly share- and establishes new enforcement sys- refund credited to a deadbeat dad and holders who have real current need yet tems where none currently are in permits the denial of a passport for in- doubt that sale of stock will be avail- place. Furthermore, it recognizes that dividuals who are more than $5,000 or 24 able to them in their lifetime; holder of the issue of child support enforcement months in arrears. small, fractional shares received goes far beyond parochial interests or Other provisions include developing a through one or more cycles of inherit- state lines, that as a national problem national registry of child support or- ance; non-Natives who have acquired for our children and their families, ders, developing centralized State reg- stock through inheritance but without child support enforcement merits a na- istries, and requiring States to adopt attendant voting privileges; and share- tional solution. the Uniform Interstate Family Support holders who have few ties to the cor- When two people, whether married or Act, as approved by the National Con- poration or to Alaska, 25 percent of not, have a baby, they incur an obliga- ference of Commissioners on Uniform CIRI shareholders live outside of Alas- tion to provide for and care for their State Laws in August 1992. ka. child. When parents live apart, the par- Through the enactment of this child Under current law, these two legiti- ent not living with, and providing day- support legislation I would like to mate but conflicting concerns cannot to-day care for, the parent is expected begin to ease, and eventually lift, the be addressed, because lifting restric- to provide financial assistance for the economic and emotional burdens tions on the sale of stock in an all or child. caused by delinquent child support nothing proposition. In order to allow Consider the facts: millions of Amer- payments. Noncustodial parents must the minority of shareholders to exer- ican single parents and children con- begin to accept and bear responsibility cise their desire to sell some or all of tinue to suffer from the consequences for their children, who will reap the their stock, the majority of share- of a parent who financially and emo- support they so justly deserve and des- holders would have to sacrifice their tionally abandons them. For mothers perately need.∑ important desire to maintain Native who have obtained a child support control and ownership of CIRI. order—and more than 40 percent have By Mr. MURKOWSKI (for himself CIRI believes this conflict will even- not—only half of those actually receive and Mr. STEVENS): what is owed—the other half receives S. 444. A bill to amend the Alaska tually leave the interests of the major- partial payments or nothing. Never- Native Claims Settlement Act to pro- ity of its shareholders vulnerable to po- married single parents have a particu- vide for the purchase of common stock litical instability. In addition, CIRI larly difficult time obtaining child sup- of Cook Inlet region, and for other pur- recognizes that responding to the de- port—1990 census data indicates that of poses; to the Committee on Energy and sire of those shareholders who wish to all never-married custodial mothers, 75 Natural Resources. sell CIRI stock is a legitimate cor- porate responsibility. CIRI believes percent did not have child support or- THE ALASKA NATIVE CLAIMS ACT AMENDMENT ders and more than 50 percent had ACT OF 1995 there is a way to address the needs and household incomes below the poverty ∑ Mr. MURKOWSKI. Mr. President, I desires of both groups of shareholders, line. These statistics add up to signifi- am pleased to introduce a bill to those who wish to sell stock and those cant economic and emotional burdens amend the Alaska Native Claims Act of who desire to maintain their Native for single parents and their dependent 1971 at the request of Cook Inlet Re- ownership. The method embodied in children. gion, Inc. [CIRI] to allow CIRI to pur- this legislation is one that other com- The Child Support Enforcement Pro- chase stock from their shareholders panies routinely use, buying back of its gram was first created in 1975 and sig- and retire the stock. own stock. The acquired stock would nificantly modified in 1984 and 1988. Congress enacted the Alaska Native then be retired. The program’s purpose is to strengthen Claims Settlement Act [ANCSA] in 1971 Mr. President, I have discussed this existing State and local efforts to lo- to address claims to lands in Alaska by bill at length with CIRI and I am con- cate noncustodial parents, to establish the Eskimo, Indian, and Aleut Native vinced this is the best solution. This paternity for them, to obtain child sup- people. Lands and other benefits trans- bill is identical to one that passed the port orders and collect child support ferred to Alaska Natives under the act House, and was approved by the Senate payments. My proposed legislation, a were conveyed to corporations formed Energy Committee last session, and I companion to the House bill introduced under this act. CIRI is one of the cor- look forward to its passage.∑

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2842 CONGRESSIONAL RECORD — SENATE February 16, 1995 By Mr. D’AMATO (for himself, I introduced on February 2. Despite the place nearly 8 years later, although the Mr. MACK, Mr. BENNETT, Mr. significant changes in the laws and reg- objectives it was intended to accom- FAIRCLOTH, and Mr. BRYAN): ulation governing the financial serv- plish have been achieved by subsequent S. 445. A bill to expand credit avail- ices industry over the past 8 years that legislation, regulatory act on and judi- ability by lifting the growth cap on have enhanced the diversification op- cial decisions. For example, supporters limited service financial institutions, portunities of banks, securities firms, of this limitation said that it would and for other purposes; to the Com- insurance companies and other finan- help offset full-service banks’ inability mittee on Banking, Housing, and cial providers, the temporary and arbi- to establish interstate branches, an Urban Affairs. trary restrictions CEBA imposed on issue that has now been addressed. THE LIMITED-PURPOSE BANK GROWTH CAP limited purpose banks remain in place. Today, the growth restriction is not RELIEF ACT The number of limited-purpose banks needed to protect the banks, their cus- ∑ Mr. D’AMATO. Mr. President, I am has sharply dropped from nearly 160 to tomers, or competitors. To the con- today introducing the Limited-Purpose only 23. And the remaining institutions trary, the growth cap harms these Bank Growth Cap Relief Act with Sen- are forced to labor under severe restric- banks, by imposing enormous and un- ators MACK, BENNETT, FAIRCLOTH, and tions that cannot be justified from a necessary compliance costs and by BRYAN as cosponsors. regulatory, public policy, or competi- forcing them to dispose of assets de- Mr. President, this bill would lift the tive standpoint. spite adverse marketplace conditions 7-percent cap on the annual asset Mr. President, limited service banks and negative safety and soundness im- growth of limited-purpose banks. This have been frozen in time. Congress has plications. It hurts their depositors and growth cap, which was imposed tem- enacted numerous laws to render full- borrowers—and other consumers—by porary under the 1987 Competitive service banks more competitive, effi- reducing limited-purpose banks’ ability Equality Banking Act [CEBA], imposes cient and financially strong. The to offer competitive banking services. an arbitrary and unnecessary regu- growth cap is no longer necessary from And it provides no legitimate benefit latory burden. The removal of this cap a regulatory perspective. In 1989 and to full service banks, whose ability to would enhance the ability of limited- 1991, Congress enacted legislation to in- compete will not be impaired if a small purpose banks to serve their cus- crease the ability of regulators to en- number of limited-purpose banks are tomers, increase the availability of sure that all banks are run in a safe permitted to grow assets on their bal- credit, and allow such banks to main- and sound manner, including the au- ance sheets rather than outside of the tain assets on their balance sheets. thority to freeze bank asset growth if banks. By way of background, the ownership capital levels decline significantly. The legislation I am introducing ad- of limited-purpose banks by certain And the restriction is not necessary dresses only one of the restrictions on non-banking holding companies was from a competitive standpoint. The limited-purpose banks: The 7-percent protected by a grandfather provision in 103d Congress enacted interstate bank- asset growth cap. These banks will con- CEBA. A grandfathered non-bank hold- ing legislation. Finally, bank regu- tinue to be subject to the same require- ing company was permitted to main- lators and the courts continue to ap- ments as other banks, including the tain its ownership of limited-purpose prove a growing list of securities, in- provision enacted in 1991 requiring the bank if the bank, first, did not both ac- surance, and other financial services asset growth of any undercapitalized cept demand deposits and engage in activities for banks. institution to be curtailed. And they commercial lending; second, limited its Mr. President, only a small category will remain subject to additional re- cross-marketing of financial services of specialized and limited purpose strictions unique to limited-purpose in- with affiliates; third, did not partici- banks remain subject to onerous limi- stitutions, such as a limitation on en- pate in activities in which the bank did tations on their growth, activities, gaging in new banking activities, and a not already engage prior to the passage products, and customer relationships. restrictions on cross marketing with of CEBA; fourth, did not provide day- This situation is both unfair and un- affiliates. The need to retain these re- light overdrafts to affiliates; and fifth, necessary. strictions is an issue that should be ad- limited its annual asset growth to 7 Mr. President, the Limited-Purpose dressed in the near future, as we con- percent. Except for these restrictions, Bank Growth Cap Relief Act would lift sider broader legislation addressing limited-purpose banks were subjected the 7-percent asset growth cap for bank ownership, affiliations and per- to the same capital requirements, regu- limited-purpose banks. It would not re- missible powers. But the asset growth latory supervision, community rein- move any of the other CEBA restric- restriction is a regulatory burden unre- vestment obligations, consumer pro- tions and it would not allow the char- lated to these issues, and needs to be tection laws and banking laws as full- tering of additional limited-purpose addressed now. service banks. banks from a statutory requirements In the last Congress, a number of my Mr. President, Congress intended that has outlived its usefulness. colleagues on both sides of the aisle these CEBA restrictions on limited- Mr. President, the repeal of the supported the removal of the 7-percent purpose banks to be only a temporary growth cap is entirely consistent with growth cap. I am especially pleased measure coexistent with the morato- the objectives of the Depository Insti- that the distinguished chairman of the rium on the ability of the bank regu- tutions Affiliation Act, which I intro- Committee on Banking, Housing, and lators to permit banks to engage in ad- duced several weeks ago. Both bills Urban Affairs and others are joining ditional securities, insurance and real seek to enhance the global competi- me today as original cosponsors of estate activities. The legislative his- tiveness of the U.S. financial services their bill. I look forward to prompt ac- tory is clear that these restrictions industry and to ready the regulation of tion on this legislation.∑ would be reconsidered as part of com- that industry for the next century.∑ prehensive banking legislation. The ∑ Mr. BRYAN. Mr. President, today I By Mr. INOUYE (for himself, Mr. overall purpose of CEBA was merely to am introducing legislation which re- HATFIELD, Mr. LEVIN, Mr. preserve the opportunity for Con- peals a restriction on the ability of D’AMATO, Mr. AKAKA, Mr. COCH- gress—not the regulators or the limited-purpose banks to increase their RAN, Mr. DODD, Mr. GRASSLEY, courts—to define more precisely regu- assets by more than 7 percent per year. Mr. HATCH, Mr. HEFLIN, Mr. latory supervision over financial serv- I believe that a removal of this restric- HOLLINGS, Mr. KENNEDY, Ms. ice institutions and competition among tion will promote increased credit MIKULSKI, Mr. MOYNIHAN, Mr. financial service providers. availability, and will enhance the safe- ROBB, and Mr. SIMON): Mr. President, Congress has not en- ty and soundness of the 22 institutions S. 446. A bill to require the Secretary acted comprehensive banking legisla- that are subject to the growth limita- of the Treasury to mint coins in com- tion, although I am hopeful this impor- tion. memoration of the public opening of tant national policy objective can be This asset growth limitation was the Franklin Delano Roosevelt Memo- accomplished in this Congress with the adopted in 1987, in legislation which rial in Washington, DC; to the Com- enactment of S. 337, the Depository In- stated that the restriction was being mittee on Banking, Housing, and stitution Affiliation Act of 1995, which imposed temporarily. It remains in Urban Affairs.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2843

THE FRANKLIN DELANO ROOSEVELT S. 446 ness of Franklin Delano Roosevelt, the thir- COMMEMORATIVE COIN ACT Be it enacted by the Senate and House of Rep- ty-second President of the United States. ∑ Mr. INOUYE. Mr. President, today, I resentatives of the United States of America in The reverse side of each coin shall be em- introduce the Franklin Delano Roo- Congress assembled, blematic of the Franklin Delano Roosevelt Memorial in Washington, D.C. sevelt Commemorative Coin Act. I am SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘1997 Frank- (2) DESIGNATION AND INSCRIPTIONS.—On joined by Senator HATFIELD, Cochair of each coin minted under this Act there shall the FDR Memorial Commission, Sen- lin Delano Roosevelt Commemorative Coin Act’’. be— ators LEVIN and D’AMATO, FDR Memo- (A) a designation of the value of the coin; rial Commissioners, and Senators SEC. 2. FINDINGS. (B) an inscription of the year ‘‘1997’’; and The Congress finds that— (C) inscriptions of the words ‘‘Liberty’’, AKAKA, COCHRAN, DODD, GRASSLEY, (1) the people of the United States feel a HATCH, HEFLIN, HOLLINGS, KENNEDY, ‘‘In God We Trust’’, ‘‘United States of Amer- deep debt of gratitude to Franklin Delano ica’’, and ‘‘E Pluribus Unum’’. MIKULSKI, MOYNIHAN, ROBB, and SIMON. Roosevelt for his leadership in America’s (b) SELECTION.—The design for the coins The Franklin Delano Roosevelt Com- struggle for peace, well-being, and human minted under this Act shall be— memorative Coin Act authorizes the dignity; (1) selected by the Secretary after con- Secretary of the Treasury to mint (2) Franklin Delano Roosevelt served his sultation with the Franklin Delano Roo- 500,000 half dollar silver coins bearing country as the thirty-second President from sevelt Memorial Commission and the Com- 1932 until his death in 1945, and is the only the likeness of our great leader, Presi- mission of Fine Arts; and United States President elected to 4 terms in (2) reviewed by the Citizens Commemora- dent Franklin Delano Roosevelt, in the office; year 1997, to celebrate the public open- tive Coin Advisory Committee. (3) Franklin Delano Roosevelt served the (c) ADDITIONS AND ALTERATIONS.—No addi- ing of the Franklin Delano Roosevelt State of New York as Governor from 1928 tion or alteration to the design selected in Memorial in Washington, DC. through 1932; accordance with subsection (b) shall be made A surcharge of $3 will be applied to (4) Franklin Delano Roosevelt served his without the approval of the Franklin Delano each coin. Proceeds from the sale of country as the United States Assistant Sec- Roosevelt Memorial Commission. retary of the Navy from 1913 through 1920; the coin will be used to finance the SEC. 6. ISSUANCE OF COINS. (5) Franklin Delano Roosevelt piloted the construction of the memorial. In 1992, (a) QUALITY AND MINT FACILITY.—The coins American people through the economic authorized under this Act may be issued in the Congress mandated the FDR Me- chaos of the Great Depression; morial Commission to raise $10 million uncirculated and proof qualities and shall be (6) Franklin Delano Roosevelt, as our com- struck at the United States Bullion Deposi- in private funds to supplement the Fed- mander in chief, led the American people tory at West Point. through the turmoil of World War II; eral appropriations for the memorial. (b) PERIOD FOR ISSUANCE.—The Secretary The American people are deeply in- (7) Franklin Delano Roosevelt established may issue coins minted under this Act only debted to Franklin Delano Roosevelt Social Security, thus providing all Ameri- during the period beginning on January 1, cans with a more abundant and secure life; 1997, and ending on December 31, 1997. for his leadership in America’s struggle (8) Franklin Delano Roosevelt was the au- SEC. 7. SALE OF COINS. for peace, well-being, and the assurance thor of ‘‘The Four Freedoms: Freedom of (a) SALE PRICE.—The coins issued under of human dignity. Personally, I will Speech, Freedom of Worship, Freedom from this Act shall be sold by the Secretary at a never forget the pride I felt in looking Want, and Freedom from Fear’’; price equal to the sum of— (9) Franklin Delano Roosevelt was the to President Roosevelt as my Com- (1) the face value of the coins; founder of the National Foundation for In- mander in Chief as he led us in the (2) the surcharge provided in subsection (d) fantile Paralysis, parent organization of the worldwide struggle for freedom during with respect to such coins; and March of Dimes; World War II. (3) the cost of designing and issuing the (10) Franklin Delano Roosevelt was the coins (including labor, materials, dies, use of All Americans enjoy more secure chief architect of the United Nations; machinery, overhead expenses, marketing, lives and a higher standard of living be- (11) after many years of planning, the and shipping). cause of this great President. The Ci- Franklin Delano Roosevelt Memorial will (b) BULK SALES.—The Secretary shall soon join the memorials of Washington, Jef- vilian Conservation Corps helped re- make bulk sales of the coins issued under ferson, and Lincoln as a tribute to another store America’s forests and land; the this Act at a reasonable discount. great American leader; National Rural Electric Cooperative (c) PREPAID ORDERS.— (12) the Franklin Delano Roosevelt Memo- gave farmers a decent life; the Federal (1) IN GENERAL.—The Secretary shall ac- rial will be a series of 4 large outdoor rooms cept prepaid orders for the coins minted Highway Program developed a national encompassing over 7 acres, and will be situ- under this Act before the issuance of such system upon which the automobile and ated between the Lincoln and Jefferson me- coins. the trucking industries depend; the morials in Washington, D.C.; and (2) DISCOUNT.—Sale prices with respect to Works Progress Administration built (13) in 1997, the Nation will celebrate the prepaid orders under paragraph (1) shall be public opening of this magnificent memorial, schools and hospitals throughout the at a reasonable discount. honoring one of our greatest Presidents. country and every American who re- (d) SURCHARGES.—All sales shall include a ceives Social Security owes a debt of SEC. 3. COIN SPECIFICATIONS. surcharge of $3 per coin. gratitude to President Roosevelt. (a) HALF DOLLAR SILVER COINS.—The Sec- SEC. 8. GENERAL WAIVER OF PROCUREMENT The commemorative coin will do retary of the Treasury (hereafter in this Act REGULATIONS. referred to as the ‘‘Secretary’’) shall mint more than honor one of our greatest (a) IN GENERAL.—Except as provided in and issue not more than 500,000 half dollar subsection (b), no provision of law governing Americans; it will also help ensure that coins, each of which shall— an extraordinary era of our Nation’s procurement or public contracts shall be ap- (1) weigh 12.50 grams; plicable to the procurement of goods and history will live on as a legacy for fu- (2) have a diameter of 30.61 millimeters; services necessary for carrying out the provi- ture generations. I want to assure my and sions of this Act. colleagues that this bill will not place (3) contain 90 percent silver and 10 percent (b) EQUAL EMPLOYMENT OPPORTUNITY.— any burden on the American taxpayer. copper. Subsection (a) shall not relieve any person The profits generated by the sale of (b) LEGAL TENDER.—The coins minted entering into a contract under the authority under this Act shall be legal tender, as pro- of this Act from complying with any law re- this coin will cover all costs incurred vided in section 5103 of title 31, United States by the Department of the Treasury. lating to equal employment opportunity. Code. SEC. 9. DISTRIBUTION OF SURCHARGES. I urge my colleagues to support this (c) NUMISMATIC ITEMS.—For purposes of (a) IN GENERAL.—All surcharges received section 5134 of title 31, United States Code, important legislation which will honor by the Secretary from the sale of coins all coins minted under this Act shall be con- one of America’s greatest Presidents issued under this Act shall be promptly paid sidered to be numismatic items. by establishing a magnificent and his- by the Secretary as follows: toric national memorial in our Na- SEC. 4. SOURCES OF BULLION. (1) An amount equal to 50 percent of the tion’s Capital. The Secretary shall obtain silver for mint- total surcharges shall be paid to the Na- Mr. President, I ask unanimous con- ing coins under this Act only from stockpiles tional Park Foundation Restricted Account established under the Strategic and Critical sent that the text of the bill be printed for the Franklin Delano Roosevelt Memorial. Materials Stock Piling Act. (2) An amount equal to 50 percent of the in the RECORD. SEC. 5. DESIGN OF COINS. total surcharges shall be paid to the Na- There being no objection, the bill was (a) DESIGN REQUIREMENTS.— tional Park Service Restricted Construction ordered to be printed in the RECORD, as (1) IN GENERAL.—The obverse side of each Account for the Franklin Delano Roosevelt follows: coin minted under this Act shall bear a like- Memorial.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2844 CONGRESSIONAL RECORD — SENATE February 16, 1995 (b) AUDITS.—The Comptroller General of rules for determining contributions in time from the new ratepayers. Not the United States shall have the right to ex- aid of construction, and for other pur- only does this defeat the purpose of a amine such books, records, documents, and poses, to the Committee on Finance. contribution, it also means a rate in- other data of the accounts referred to in sub- THE CONTRIBUTIONS ON AID OF CONSTRUCTION crease. And with many water utilities section (a) as may be related to the expendi- LEGISLATION seeking rate increases of as much as 25 tures of amounts paid under such subsection. ∑ SEC. 10. FINANCIAL ASSURANCES. Mr. GRASSLEY. Mr. President, percent in order to pay for Safe Drink- (a) NO NET COST TO THE GOVERNMENT.—The today I am here to reintroduce revenue ing Water Act requirements, additional Secretary shall take such actions as may be neutral legislation to reinstate the ex- rate increases can lead to calls for con- necessary to ensure that minting and issuing clusion from gross income of contribu- demnation. coins under this Act will not result in any tions in aid of construction—known as Whichever method is chosen, utilities net cost to the United States Government. CIAC—to a water or wastewater util- do not pay the tax, they pass it on. (b) PAYMENT FOR COINS.—A coin shall not ity. Joining me as cosponsors are Sen- Passing the tax on has detrimental ef- be issued under this Act unless the Secretary ators PRYOR and REID. Senator REID fects, not only on the utility’s ability has received— (1) full payment for the coin; has taken the lead on this issue for a to bring in new business, but on the en- (2) security satisfactory to the Secretary number of years. vironment, and most significantly, on to indemnify the United States for full pay- This legislation has passed as an the price of new housing. ment; or amendment in the Senate on two occa- Any developer faced with a large (3) a guarantee of full payment satisfac- sions. It is my hope that this year we gross-up will have to evaluate its effect tory to the Secretary from a depository in- will finally be successful in passing on the bottom line. Depending on con- stitution whose deposits are insured by the this legislation and having the Presi- ditions in the local housing market, a Federal Deposit Insurance Corporation or dent sign it into law. developer will ultimately pass the cost the National Credit Union Administration Utilities are capital-incentive indus- Board.∑ of the CIAC and the gross-up on to the tries. Historically, they have received new home buyer. The National Associa- By Mr. INHOFE (for himself and the capital for the construction of a tion of Home Builders has estimated Mr. NICKLES): utility extension directly from new that the CIAC tax can increase the cost S. 447. A bill to provide tax incen- customers, either through the devel- of new housing by as much as $2,000 a tives to encourage production of oil oper or small municipality. The cus- unit. This additional cost is enough to and gas within the United States, and tomer contributes this property, or a end the dream of home ownership for a for other purposes; to the Committee cash equivalent, to the utility. In this young couple. on Finance. manner, existing customers will not The CIAC tax also has some impor- THE DOMESTIC OIL AND GAS PRODUCTION TAX face rate increases every time the util- tant environmental effects. New cus- INCENTIVES ACT ity gains new customers. tomers can avoid paying the CIAC tax ∑ Mr. INHOFE. Mr. President, I intro- Prior to enactment of the Tax Re- by building their own independent duce legislation that is designed to form Act of 1986, CIAC were not in- water systems. This leads to a pro- help the domestic oil and gas industry cluded in the gross income of an inves- liferation of systems that may not not only in my own State of Oklahoma, tor-owned utility and therefore were have the financial, technical, or mana- but also the multitude of energy pro- not subject to Federal income tax. In gerial ability to comply with the rig- ducing States throughout the United addition, utilities could not take tax orous requirements of the Safe Drink- States. We are all very much aware depreciation or investment tax credits ing Water Act. Such systems are re- that a healthy and competitive oil and on CIAC. The 1986 act repealed section ferred to as nonviable. According to gas industry is critically important to 118(b) of the Internal Revenue Code and the EPA, in fiscal year 1990, more than the U.S. economy. The petroleum in- thus subjected CIAC to tax as gross in- 90 percent of the violations of the Safe dustry alone is burdened with the high- come. As we all remember, the 1986 act Drinking Water Act were made by sys- est tax rates in corporate America. had two basic premises as its core. One, tems serving less than 3,300 individ- Changes fostered by this bill only level the tax base would be broadened and uals. By encouraging the proliferation the playing field with businesses rates would be lowered. Two, cuts in of nonviable systems, the CIAC tax throughout the United States that are individual rates would be offset by in- frustrates the environmental policy trying to attract capital. creases in the corporate tax burden. goal of consolidating these systems Through tax incentives for new and Clearly the authors of the 1986 act in- into already existing, professionally existing marginal wells, small pro- tended to ensure that the burden of managed systems. ducers in Oklahoma, as well as corporate taxes was spread to all indus- Mr. President, section 118(b) of the throughout the United States, will be tries including utilities. Internal Revenue Code, exempting the primary benefactors of my legisla- The removal of the exclusion from CIAC from the gross income, should be tion. Independents find more than half gross income of CIAC was intended as a restored. It is a tax on capital, not in- of all new oil and natural gas reserves, tax on utilities. In practice, the CIAC come. It is not a tax on utilities, it is and they drill almost 85 percent of all tax is not a tax on utilities, but a tax a tax on their customers. The CIAC tax domestic wells—both exploratory and on utility customers, primarily on de- increases the price of new homes, leads development—onshore and offshore. velopers and home buyers. State util- to the development of environmentally The U.S. oil and gas industry is one ity regulatory bodies, referred to as unsound water and sewage facilities, of the Nation’s major economic assets PUC’s, generally require utilities to and reduces the tax base for all levels and has long been recognized as a world pass tax costs onto their customers. of government. leader in size, scope, and technology. This is done in one of two ways. The Most important in my opinion, elimi- As such a vital national industry, we most common approach is to require nation of the CIAC tax will help home cannot afford to continue down the the new customer to pay the cost of buyers, not by fueling real estate spec- road we have become accustomed to for the tax. But this is not a simple dollar- ulation, but by removing another bar- so long. We need to focus our energies for-dollar charge. In order for utility to rier to the purchase of a new home. inward and try to help the industry re- be made whole, it must pay on the Anyone who has bought a house re- stimulate its growth. As a nation we CIAC, plus a tax on the tax. The phe- cently knows you don’t just pay the must face up to the threat posed by nomenon is known as gross-up. Depend- price of the house. You pay closing mounting U.S. dependency on foreign ing on the State, a gross-up can add as costs, title costs, title insurance fees, energy imports from such regions as much as 70 percent to the customer’s attorney’s fees, and points. And when the Middle East.∑ cost of the contributions. In other you buy a house hooked up to privately words, a contribution of water mains owned utilities, you also pay the CIAC By Mr. GRASSLEY (for himself, valued at $100,000 would cost a cus- tax—as much as $2,000 per unit. Mr. PRYOR and Mr. REID): tomer $170,000. This legislation was most recently S. 448. A bill to amend sections 118 of Alternatively, the PUC’s may allow estimated to cost $106 million over 5 the Internal Revenue Code of 1986 to the utility to recover the tax cost from years. I have included a revenue offset provide for certain exceptions from existing customers or over a period of in the bill as introduced that raises

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2845 $140 million over the same period, thus the expenditures to which contributions are ‘‘(B) which, without regard to this para- netting $34 million for the Federal Gov- allocated, and the year in which the con- graph, would be 20-year property.’’ ernment. The offset extends deprecia- tributions and expenditures are received and (B) CONFORMING AMENDMENT.—Subpara- graph (F) of section 168(e)(3) of such Code is tion on new water utility plant from 20 made. ‘‘(3) DEFINITIONS.—For purpose of this sub- amended by adding at the end the following to 25 years and switches from 150 per- section— new sentence: ‘‘Such term does not include cent declining balance to straight-line ‘‘(A) CONTRIBUTION IN AID OF CONSTRUC- water utility property.’’ depreciation. This offset was suggested TION.—The term ‘contribution in aid of con- (4) ALTERNATIVE SYSTEM.—Clause (iv) of by the investor-owned water industry struction’ shall be defined by regulations section 168(g)(2)(C) of such Code is amended and is indivisible from the substance of prescribed by the Secretary, except that by inserting ‘‘, water utility property,’’ and such term shall not include amounts paid as ‘‘grading’’. the legislation which is the restoration (5) EFFECTIVE DATE.—The amendments of the exclusion of CIAC from gross in- service charges for starting or stopping serv- ices. made by this subsection shall apply to prop- come. The industry suggested it only erty placed in service after the date of the ‘‘(B) PREDOMINANTLY.—The term ‘predomi- for the purpose of repealing the CIAC nantly’ means 80 percent or more. enactment of this Act, other than property placed in service pursuant to a binding con- tax, and that is its only intended use. ‘‘(C) REGULATED PUBLIC UTILITY.—The term Mr. President, repeal of the tax on ‘regulated public utility’ has the meaning tract in effect on such date and at all times CIAC for water and wastewater utili- given such term by section 7701(a)(33), except thereafter before the property is placed in service.∑ ties will have a noticeable effect on that such term shall not include any utility both housing prices and environmental which is not required to provide water or By Mr. SIMON (for himself and sewerage disposal services to members of the policy. It is supported by the National Ms. MOSELEY-BRAUN): Association of Water Companies, the general public in its service area. ‘‘(4) DISALLOWANCE OF DEDUCTIONS AND IN- S. 449. A bill to establish the Midewin National Association of Regulatory VESTMENT CREDIT; ADJUSTED BASIS.—Notwith- National Tallgrass Prairie in the State Utility Commissioners, and the Na- standing any other provision of this subtitle, of Illinois, and for other purposes; to tional Association of Home Builders. I no deduction or credit shall be allowed for, the Committee on Armed Services. urge my colleagues to cosponsor this or by reason of, any expenditure which con- ILLINOIS LAND CONSERVATION ACT important legislation. stitutes a contribution in aid of construction ∑ Mr. SIMON. Mr. President, I rise Mr. President, I ask unanimous con- to which this subsection applies. The ad- today to introduce a most unique piece sent that the text of the bill be printed justed basis of any property acquired with of legislation—the Illinois Land Con- contributions in aid of construction to which in the RECORD. servation Act. This bill is the result of There being no objection, the bill was this subsection applies shall be zero. ‘‘(d) STATUTE OF LIMITATIONS.—If the tax- a broad-based, bipartisan consensus in- ordered to be printed in the RECORD, as payer for any taxable year treats an amount volving Federal, State, county and mu- follows: as a contribution to the capital of the tax- nicipal concerns. It is a model for the S. 448 payer described in subsection (c), then— land reuse challenges faced by so many Be it enacted by the Senate and House of Rep- ‘‘(1) the statutory period for the assess- communities throughout the country resentatives of the United States of America in ment of any deficiency attributable to any who are impacted by military base clo- Congress assembled, part of such amount shall not expire before sures. I believe this to be one of the SECTION 1. TREATMENT OF CONTRIBUTIONS IN the expiration of 3 years from the date the Secretary is notified by the taxpayer (in most significant conservation and eco- AID OF CONSTRUCTION. nomic development efforts ever at- (a) TREATMENT OF CONTRIBUTIONS IN AID OF such manner as the Secretary may prescribe) CONSTRUCTION.— of— tempted. (1) IN GENERAL.—Section 118 of the Internal ‘‘(A) the amount of the expenditure re- The closing of the Joliet Army Am- Revenue Code of 1986 (relating to contribu- ferred to in subparagraph (A) of subsection munition Plant in northeastern Illinois tions to the capital of a corporation) is (c)(2), has provided a once-in-a-lifetime op- amended— ‘‘(B) the taxpayer’s intention not to make portunity to recapture and preserve (A) by redesignating subsection (c) as sub- the expenditures referred to in such subpara- the tallgrass prairie that once covered section (e), and graph, or most of the Prairie State. (B) by inserting after subsection (b) the ‘‘(C) a failure to make such expenditure following new subsections: within the period described in subparagraph The Illinois Land Conservation Act ‘‘(c) SPECIAL RULES FOR WATER AND SEW- (B) of subsection (c)(2); and will create the Midewin National AGE DISPOSAL UTILITIES.— ‘‘(2) such deficiency may be assessed before Tallgrass Prairie. The term ‘‘Midewin’’ ‘‘(1) GENERAL RULE.—For purposes of this the expiration of such 3-year period notwith- commemorates the grant medicine so- section, the term ‘contribution to the capital standing the provisions of any other law or ciety of the Potawatoni Indian Tribe— of the taxpayer’ includes any amount of rule of law which would otherwise prevent the original inhabitants of this area of money or other property received from any such assessment.’’ Illinois. This prairie will comprise person (whether or not a shareholder) by a (2) CONFORMING AMENDMENT.—Section 19,000 acres of land, which is home to 16 regulated public utility which provides water 118(b) of such Code is amended by inserting or sewerage disposal service if— ‘‘except as provided in subsection (c),’’ before State endangered and threatened spe- ‘‘(A) such amount is a contribution in aid ‘‘the term’’. cies, all within an easy drive of metro- of construction, (3) EFFECTIVE DATE.—The amendments politan Chicago. ‘‘(B) in the case of contribution of property made by this subsection shall apply to A 910-acre tract adjacent to the other than water or sewerage disposal facili- amounts received after the date of the enact- Midewin Prairie will become our coun- ties, such amount meets the requirements of ment of this Act. ty’s largest national veterans’ ceme- the expenditure rule of paragraph (2), and (b) RECOVERY METHOD AND PERIOD FOR tery. Under the auspices of the Depart- ‘‘(C) such amount (or any property ac- WATER UTILITY PROPERTY.— quired or constructed with such amount) is ment of Veterans Affairs, this long- (1) REQUIREMENT TO USE STRAIGHT LINE awaited site will provide a dignified not included in the taxpayer’s rate base for METHOD.—Section 168(b)(3) of the Internal ratemaking purposes. Revenue Code of 1986 is amended by adding place of rest for the many veterans in ‘‘(2) EXPENDITURE RULE.—An amount meets at the end the following new subparagraph: this region who sacrificed so much for the requirements of this paragraph if— ‘‘(F) Water utility property described in our country. ‘‘(A) an amount equal to such amount is subsection (e)(5).’’ The remaining acreage will be devel- expended for the acquisition or construction (2) 25-YEAR RECOVERY PERIOD.—The table oped as an industrial park and a coun- of tangible property described in section contained in section 168(c)(1) of such Code is ty landfill by the local communities. 1231(b)— amended by inserting the following item Mr. President, the impact of the Jo- ‘‘(i) which is the property for which the after the item relating to 20-year property: contribution was made or is of the same type liet Arsenal closing has been profound as such property, and ‘‘Water utility property .... 25 years’’. on the entire region—particularly the ‘‘(ii) which is used predominantly in the (3) WATER UTILITY PROPERTY.— small communities. The municipalities trade or business of furnishing water or sew- (A) IN GENERAL.—Section 168(e) of such surrounding the arsenal have sustained erage disposal services, Code is amended by adding at the end the the military presence here for the last ‘‘(B) the expenditure referred to in sub- following new paragraph: 50 years, with several generations of paragraph (A) occurs before the end of the ‘‘(5) WATER UTILITY PROPERTY.—The term second taxable year after the year in which ‘water utility property’ means property— families involve in the important work such amount was received, and ‘‘(A) which is an integral part of the gath- of defending our freedom. The Illinois ‘‘(C) accurate records are kept of the ering, treatment, or commercial distribution Land Conservation Act is our oppor- amounts contributed and expenditures made, of water, and tunity to provide a true peace dividend

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2846 CONGRESSIONAL RECORD — SENATE February 16, 1995 to those who have supported this vital At the heart of this bill is the cre- delegation. We are introducing this bill facility over the years. ation of a 19,000-acre national grass- today in an effort to help revive our do- I hope all my colleagues will support lands, to be known as the Midewin Na- mestic oil and gas industry which plays this innovative effort that recaptures tional Tallgrass Prairie. such a vital role in our national secu- an important part of our past, and ad- Located approximately 60 miles rity. If our domestic industry is to sur- dresses our needs for the future.∑ southwest of the Chicago metropolitan vive domestically, then Congress needs ∑ Ms. MOSELEY-BRAUN. Mr. Presi- area, the grasslands will be a rec- to act now to provide incentives and dent, I am pleased to join the distin- reational treasure for city residents, regulatory reforms to encourage pro- guished senior Senator from Illinois, accessible to millions for outdoor ac- duction in America. Senator SIMON, in introducing the Illi- tivities such as camping, horseback Since the early 1980’s oil and gas ex- nois Land Conservation Act of 1995. riding, hunting, hiking, and environ- traction employment has been cut in This bill transfers land from the mental education. half. Employment in the oil and gas in- former Joliet Army Ammunition Plant The grasslands designation also will dustry has declined by 500,000 since to the Forest Service in order to estab- help to protect and improve upon what 1984. Imports of crude oil products have lish a national grasslands. This bill already is considered an ecological increased by 200,000 barrels a day over also turns over land to the Veterans wonderland. Hundreds of types of the last year and the import depend- Administration for a new national vet- plants and animals are found here, in- ency ratio now exceeds 50 percent. In erans cemetery, and converts a number cluding plants indigenous to the area December 1994, crude oil production of former munitions production areas for more than 10,000 years, and many dropped to 5 million barrels per day in at the arsenal to local purposes. threatened and endangered species. the lower 48 States which is the lowest Illinois is known as the Prairie Many future projects are under consid- level since 1946. We must take action State. This name commemorates a eration for the grasslands, such as the now to save domestic production not younger Illinois, a region of rolling restoration of wetlands and the re- only for the sake of the oil and gas in- prairies, seas of butterflies, grazing introduction of bison. dustry but for the sake of the national wildlife, and pioneers seeking out new Another cornerstone of this bill is security of this Nation. lands to settle. At one time, more than the establishment of a 1,000-acre na- I understand that today the adminis- 43,000 square miles of prairie existed in tional veterans cemetery. Identified as tration released an investigative report Illinois. conducted under section 232 of the Over the course of 175 years, however, the leading location by the Veterans Trade Expansion Act of 1962 on the development has crept over these open Administration, this cemetery, pro- threat to national security from the lands. Farms, highways, and cities posed for the center of the arsenal have been built to such an extent that property, will be a landscape rich in rising tide of oil imports. I have not today, only .01 percent of original prai- streams, marshes, and hardwood for- yet seen this report but previous Com- rie is left. Little evidence remains of, ests—a magnificent and tranquil set- merce Department reports have found in the words of Charles Chamberlain, ting for veterans. When complete, the that oil imports threaten the national the author of the Illinois State song, cemetery will honor over 92,000 Chicago security and they were conducted when this ‘‘wilderness of prairies.’’ veterans through the year 2030. our foreign oil dependence was much That is one reason why the bill we Mr. President, the Illinois Land Con- lower. The question now is not whether are introducing today is important, servation Act is based upon a plan that oil imports threaten national security; Mr. President—so important that it has been carefully crafted by key rep- everyone agrees that is the case. The has attracted support from a broad, bi- resentatives of the local community question now is what are we going to partisan array of Illinois groups, from who have worked closely with Federal do about it. industrialists to environmentalists, agencies and the State of Illinois. It de- To date, the Clinton administration and from researchers to hunters. serves to move forward quickly. has done nothing to encourage domes- The Illinois Land Conservation Act is This bill is an excellent opportunity tic production. In fact, in 1993, crude more than just a bill to create a na- to establish a monument to the fertile oil reserves continued to decline by 788 tional veterans cemetery, although it soils which cultivated the agricultural million barrels. Natural gas reserves will address critical needs long awaited and commercial prosperity Illinois en- fell by 2,600 Bcf to 162,415 Bcf. I have by Chicago veterans. It is more than joys today. been asking the Secretary of Energy just a bill to create a conservation It’s an excellent opportunity to cre- for 3 years now, what she intends to do area, although it will establish the ate the first and the largest tallgrass to help preserve the domestic oil and largest in northern Illinois. prairie ecosystem east of the Mis- gas industry. In the President’s 1996 The Illinois Land Conservation Act, sissippi River. budget there is nothing to aid this in- once enacted, gives Illinois a rare op- And, most importantly, this bill is dustry. That is why I am introducing portunity to preserve one of the last the last opportunity of our lifetimes to this bill today. remaining areas of natural prairie. It’s preserve a largely untouched, expan- The Domestic Oil and Gas Production a once-in-a-lifetime chance to set aside sive tract of ecologically unique land and Preservation Act is intended to do such a large, undeveloped tract of prop- in the State of Illinois. In the words of just what its name implies—encourage erty for environmental and rec- the Chicago Tribune, this is our chance oil and gas production and preserve and reational purposes. In a sense, this bill to ‘‘save Joliet Arsenal land for the revitalize the domestic oil and gas in- helps to protect a slice of ecological ages.’’ I agree, and urge the quick ap- dustry. This bill would accomplish history, and in doing so, creates a leg- proval of this bill.∑ these goals in several ways. In title 1, acy for future generations of Illi- we provide for tax incentives. One of noisans to study and enjoy. By Mr. NICKLES (for himself, the cornerstone pieces of this legisla- In April 1993, the U.S. Army, after Mr. INHOFE, and Mr. DOLE): tion is a tax credit to preserve mar- announcing its intentions to close the S. 451. A bill to encourage production ginal production and to encourage new Joliet Arsenal, approached former Illi- of oil and gas within the United States drilling. This provision would make it nois Congressman George Sangmeister by providing tax incentives and easing more economical to keep a marginal to develop a concept plan for reutiliza- regulatory burdens, and for other pur- well producing during times of low tion of the property. Congressman poses; to the Committee on Finance. prices and would provide incentives to Sangmeister formed a commission of 24 THE DOMESTIC OIL AND GAS PRODUCTION AND producers not to shut in their marginal local and Federal representatives, who, PRESERVATION ACT wells due to economics resulting in a after several years of detailed plan- ∑ Mr. NICKLES. Mr. President, today I permanent loss of the remaining ning, countless meetings, and extensive am introducing The Domestic Oil and unproduced reserves. negotiations, carefully formulated and Gas Production and Preservation Act This legislation also includes a tax unanimously adopted a land reuse plan. along with Senators INHOFE and DOLE. credit for production from new wells The Illinois Land Conservation Act is A companion bill is also being intro- that have been drilled after June 1, the culmination of the commission’s duced in the House by Congressman 1995. This provision is meant to encour- work. LUCAS and the rest of the Oklahoma age domestic exploration which has

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2847 fallen dramatically in recent years. $150 million) taking into account fac- gress acknowledge the critical impor- During the early 1980’s the average rig tors relevant to risks posed by a facil- tance of the domestic oil and gas indus- count was around 2,929. In 1994 the rig ity. try and stop burdening this industry count averaged 775. This is less than This legislation also addresses two with high taxes and regulatory obsta- one-third the average during the boom oil and gas royalty issues. First, it es- cles, the sooner we can take the nec- years of the 1980’s. If domestic produc- tablishes a 6-year statute of limita- essary actions to preserve and revi- tion does not increase, our reliance on tions on actions commenced by the talize this important sector of our imported oil will only continue to United States for recovery of royalties economy.∑ grow. due under an oil and gas lease on Fed- In addition to the tax credit, this bill eral lands unless a lessee has made a By Mr. MOYNIHAN (for himself provides for several depletion reforms. false or fraudulent statement with the and Mr. DASCHLE) (by request): There are provisions to repeal the net intent to evade the payment of royal- S. 452. A bill to amend the Internal income limitation for computing per- ties due. This provision is intended to Revenue Code of 1986 to provide tax re- centage depletion, exclude marginal give some finality to the royalty col- lief for the middle class; to the Com- production from the current 1,000 bar- lection process and require the govern- mittee on Finance. rels per day limitation, repeal the ment to be prompt and timely in their THE MIDDLE-CLASS BILL OF RIGHTS TAX RELIEF property allocation rule for computing pursuit of any underpayment of royal- ACT OF 1995 depletion, and freeze the percentage de- ties. Second, it provides the Secretary Mr. MOYNIHAN. Mr. President, as pletion rate at current marginal levels. discretion to lower royalties on oil and ranking member of the Committee on Until 1976, percentage depletion was gas leases on Federal lands. This is in- Finance, I am today joining with the designed to operate as risk-weighted tended to be used to help marginal Democratic leader in introducing a depreciation for mineral properties. wells, when prices are low, from being bill, at the request of the administra- Since then, the multiple limitations on shut in as uneconomical. tion, containing the statutory provi- the availability of percentage depletion In addition to the aforementioned sions that implement the middle-in- as an effective capital cost recovery regulatory reforms, this bill addresses come tax cuts contained in the Presi- provision has diminished our proven re- two critical areas of reform, private dent’s fiscal year 1996 budget submis- serves. The time has come to revise property rights and risk assessment. sion. Secretary Rubin appeared before U.S. energy depletion policy. The cir- Private property rights are protected the Finance Committee last week to cumstances that prevail in today’s by the fifth amendment to the U.S. testify concerning these proposals. crude oil market are precisely the op- Constitution. Unfortunately, the Fed- By making statutory language avail- posite of those that led to change to eral bureaucracy has increasingly used able early in the legislative process, the depletion deduction in 1976. The environmental laws to trample on the administration has aided the proc- world crude oil market is now glutted these rights. Two of the worst offend- ess of Senate consideration of these with overproduction from Kuwait and ers are the Endangered Species Act and provisions. This legislation also will unsold Iraqi supplies are threatening the wetlands permitting program es- serve to answer many of the questions another oil market crash. When prices tablished by section 404 of the Clean that the public may have with respect decline, many wells are lost forever Water Act. This legislation incor- to the President’s tax proposals. and many other wells cannot be drilled. porates the provisions of a separate bill I want to thank the administration Percentage depletion should be re- that I have introduced for the last 3 for providing this level of detail in so formed so that more U.S. production years entitled the Property Owners Bill timely a fashion, and I look forward to qualifies. Ensuring an adequate deple- of Rights. The provisions of this bill re- working with them on these proposals tion allowance can reverse the falling quire a landowner’s written consent be- in the coming months. U.S. energy resource base. These re- fore Federal agents could enter private Mr. President, I ask unanimous con- forms will encourage new technology property, guarantee a landowner’s ac- sent that the text of the bill and addi- investments, provide economic stim- cess to information gathered about tional material be printed in the ulus to a major U.S. industry and cre- their property, guarantee a land- RECORD. There being no objection, the mate- ate new, high-quality jobs. owner’s right to dispute that informa- rial was ordered to be printed in the In addition to the tax credit and the tion’s accuracy, guarantee a land- RECORD, as follows: percentage depletion reforms, this leg- owner’s right to appeal decisions made islation provides that geological and under endangered species or wetlands S. 452 geophysical expenditures shall be law, and guarantee that a landowner be Be it enacted by the Senate and House of Rep- treated as deductible expenses, it ex- resentatives of the United States of America in compensated if federal actions under Congress assembled, pands the existing enhanced oil recov- the Endangered Species Act or wet- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 ery tax credit and makes it AMT cred- lands permitting program devalue their CODE. itable, it provides an election for op- property by 33 percent or more. (a) SHORT TITLE.—This Act may be cited as tional 5-year write-off of intangible The risk assessment provisions of the ‘‘Middle-Class Bill of Rights Tax Relief drilling costs, and it increases the this bill requires Federal agencies to Act of 1995’’. amount of intangible drilling costs use sound scientific data when risk cri- (b) AMENDMENT OF 1986 CODE.—Except as that can be expended without being teria and benefits are determined. It otherwise expressly provided, whenever in this Act an amendment or repeal is ex- treated as a preference item for AMT also requires the agencies to make pub- pressed in terms of an amendment to, or re- purposes. All these provisions will help lic the scientific basis for each risk cri- peal of, a section or other provision, the ref- encourage continued production from teria and full disclosure of all assump- erence shall be considered to be made to a marginal wells, thus saving a valuable tions and uncertainties. It also pro- section or other provision of the Internal national resource from being lost. vides for a petition process to require Revenue Code of 1986. Title II of this legislation calls for an agency to review an existing regula- (c) TABLE OF CONTENTS.— Sec. 1. Short title; amendment of 1986 Code. several regulatory reforms. It has pro- tion to ensure that benefits exceed the TITLE I—MIDDLE CLASS TAX RELIEF visions that address the enormous and costs. unnecessary financial responsibility Finally, title III of this bill abolishes Sec. 101. Credit for families with young chil- provisions of the Oil Pollution Act of dren. the existing prohibitions against the Sec. 102. Deduction for higher education ex- 1990 [OPA ’90]. This bill clarifies that export of domestic crude oil produc- penses. the definition of ‘‘navigable waters’’ tion. This provision would also help en- TITLE II—PROVISIONS RELATING TO under OPA ’90 only applies to true ‘‘off- courage production in the lower 48 INDIVIDUAL RETIREMENT PLANS shore facilities,’’ not facilities onshore. States. Subtitle A—Retirement Savings Incentives It also changes the amount of financial Together, the provisions of this bill PART I—IRA DEDUCTION responsibility required under OPA ’90 provide much needed incentives and Sec. 201. Increase in income limitations. from $150 to $35 million with discretion regulatory relief to an industry that is Sec. 202. Inflation adjustment for deductible given to the Secretary to establish a vital to our national security. The amount and income limita- higher amount (but not higher than sooner the administration and Con- tions.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0655 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2848 CONGRESSIONAL RECORD — SENATE February 16, 1995 Sec. 203. Coordination of IRA deduction ‘‘(3) whose TIN is included on the tax- means the adjusted gross income of the tax- limit with elective deferral payer’s return for such taxable year. payer for the taxable year determined— limit. ‘‘(d) INFLATION ADJUSTMENTS.—In the case ‘‘(i) without regard to this section and sec- PART II—NONDEDUCTIBLE TAX-FREE IRA’S of a taxable year beginning in a calendar tions 911, 931, and 933, and year after 1999— Sec. 211. Establishment of nondeductible ‘‘(ii) after the application of sections 86, ‘‘(1) IN GENERAL.—The $500 and $60,000 tax-free individual retirement 135, 219 and 469. amounts contained in subsections (a)(2) and accounts. For purposes of sections 86, 135, 219, and 469, (b)(2) shall each be increased by an amount adjusted gross income shall be determined Subtitle B—Penalty-Free Distributions equal to— without regard to the deduction allowed Sec. 221. Distributions from certain plans ‘‘(A) such dollar amount, multiplied by under this section. may be used without penalty to ‘‘(B) the cost-of-living adjustment deter- ‘‘(D) INFLATION ADJUSTMENTS.— purchase first homes, to pay mined under section 1(f)(3) for the calendar ‘‘(i) IN GENERAL.—In the case of a taxable higher education or financially year in which the taxable year begins, deter- year beginning after 1999, the $70,000 and devastating medical expenses, mined by substituting ‘calendar year 1998’ $100,000 amounts described in subparagraph or by the unemployed. for ‘calendar year 1992’ in subparagraph (B) (B) shall each be increased by an amount Sec. 222. Contributions must be held at least thereof. equal to— 5 years in certain cases. ‘‘(2) INCREASE IN PHASEOUT RANGE.—If the ‘‘(I) such dollar amounts, multiplied by amount applicable under subsection (a) for TITLE I—MIDDLE CLASS TAX RELIEF ‘‘(II) the cost-of-living adjustment deter- any taxable year exceeds $500, subsection SEC. 101. CREDIT FOR FAMILIES WITH YOUNG mined under section 1(f)(3) for the calendar (b)(2)(B) shall be applied by substituting an CHILDREN. year in which the taxable year begins, deter- amount equal to 30 times such applicable (a) IN GENERAL.—Subpart A of part IV of mined by substituting ‘calendar year 1998’ amount for ‘$15,000’. subchapter A of chapter 1 (relating to non- for ‘calendar year 1992’ in subparagraph (B) ‘‘(3) ROUNDING.—If any amount as adjusted refundable personal credits) is amended by thereof. under paragraph (1) is not a multiple of $100, inserting after section 22 the following new ‘‘(ii) ROUNDING.—If any amount as adjusted such amount shall be rounded to the next section: under clause (i) is not a multiple of $5,000, lowest multiple of $100. ‘‘SEC. 23. FAMILIES WITH YOUNG CHILDREN. such amount shall be rounded to the next ‘‘(e) SPECIAL RULES.— ‘‘(a) ALLOWANCE OF CREDIT.— lowest multiple of $5,000. ‘‘(1) AMOUNT OF CREDIT MAY BE DETERMINED ‘‘(1) IN GENERAL.—In the case of an indi- ‘‘(c) QUALIFIED HIGHER EDUCATION EX- UNDER TABLES.—The amount of the credit al- vidual, there shall be allowed as a credit PENSES.—For purposes of this section— lowed by this section may be determined against the tax imposed by this chapter for ‘‘(1) QUALIFIED HIGHER EDUCATION EX- under tables prescribed by the Secretary. the taxable year an amount equal to $300 PENSES.— ‘‘(2) CERTAIN OTHER RULES APPLY.—Rules multiplied by the number of eligible children ‘‘(A) IN GENERAL.—The term ‘qualified similar to the rules of subsections (c)(1)(E) of the taxpayer for the taxable year. higher education expenses’ means tuition and (F), (d), and (e) of section 32 shall apply ‘‘(2) INCREASE IN CREDIT.—In the case of and fees charged by an educational institu- for purposes of this section.’’ taxable years beginning after December 31, tion and required for the enrollment or at- (b) CLERICAL AMENDMENT.—The table of tendance of— 1998, paragraph (1) shall be applied by sub- sections for subpart A of part IV of sub- stituting ‘$500’ for ‘$300’. chapter A of chapter 1 is amended by insert- ‘‘(i) the taxpayer, IMITATIONS.— ‘‘(b) L ing after the item relating to section 22 the ‘‘(ii) the taxpayer’s spouse, or ‘‘(1) PHASE-OUT OF CREDIT.— following new item: ‘‘(iii) any dependent of the taxpayer with ‘‘(A) IN GENERAL.—The amount of the cred- respect to whom the taxpayer is allowed a ‘‘Sec. 23. Families with young children.’’ it allowed under subsection (a) shall be re- deduction under section 151, (c) EFFECTIVE DATE.—The amendments duced (but not below zero) by the amount de- as an eligible student at an institution of termined under subparagraph (B). made by this section shall apply to taxable years beginning after December 31, 1995. higher education. ‘‘(B) AMOUNT OF REDUCTION.—The amount ‘‘(B) EXCEPTION FOR EDUCATION INVOLVING determined under this subparagraph equals SEC. 102. DEDUCTION FOR HIGHER EDUCATION EXPENSES. SPORTS, ETC.—Such term does not include ex- the amount which bears the same ratio to penses with respect to any course or other the credit (determined without regard to this (a) DEDUCTION ALLOWED.— Part VII of sub- chapter B of chapter 1 (relating to additional education involving sports, games, or hob- subsection) as— itemized deductions for individuals) is bies, unless such expenses— ‘‘(i) the excess of— amended by redesignating section 220 as sec- ‘‘(i) are part of a degree program, or ‘‘(I) the taxpayer’s adjusted gross income tion 221 and by inserting after section 219 the ‘‘(ii) are deductible under this chapter for such taxable year, over following new section: without regard to this section. ‘‘(II) $60,000, bears to ‘‘(C) EXCEPTION FOR NONACADEMIC FEES.— ‘‘(ii) $15,000. ‘‘SEC. 220. HIGHER EDUCATION TUITION AND FEES. Such term does not include any student ac- Any amount determined under this subpara- ‘‘(a) ALLOWANCE OF DEDUCTION.—In the tivity fees, athletic fees, insurance expenses, graph which is not a multiple of $10 shall be case of an individual, there shall be allowed or other expenses unrelated to a student’s rounded to the next lowest $10. as a deduction the amount of qualified high- academic course of instruction. ‘‘(C) ADJUSTED GROSS INCOME.—For pur- er education expenses paid by the taxpayer ‘‘(D) ELIGIBLE STUDENT.—For purposes of poses of this paragraph, adjusted gross in- during the taxable year. subparagraph (A), the term ‘eligible student’ come of any taxpayer shall be increased by ‘‘(b) LIMITATIONS.— means a student who— any amount excluded from gross income ‘‘(1) DOLLAR LIMITATION.— ‘‘(i) meets the requirements of section under section 911, 931, or 933. ‘‘(A) IN GENERAL.—The amount allowed as 484(a)(1) of the Higher Education Act of 1965 ‘‘(2) LIMITATION BASED ON AMOUNT OF TAX.— a deduction under subparagraph (a) for any (20 U.S.C. 1091(a)(1)), as in effect on the date The credit allowed by subsection (a) for the taxable year shall not exceed $10,000. of the enactment of this section, and taxable year (after the application of para- ‘‘(B) PHASE-IN.—In the case of taxable ‘‘(ii)(I) is carrying at least one-half the graph (1)) shall not exceed the excess (if any) years beginning in 1996, 1997, or 1998, ‘$5,000’ normal full-time work load for the course of of— shall be substituted for ‘$10,000’ in subpara- study the student is pursuing, as determined ‘‘(A) the taxpayer’s regular tax liability for graph (A). by the institution of higher education, or the taxable year reduced by the credits al- ‘‘(2) LIMITATION BASED ON MODIFIED AD- ‘‘(II) is enrolled in a course which enables lowable against such tax under this subpart JUSTED GROSS INCOME.— the student to improve the student’s job (other than this section) determined without ‘‘(A) IN GENERAL.—The amount which skills or to acquire new job skills. regard to section 26, over would (but for this paragraph) be taken into ‘‘(E) IDENTIFICATION REQUIREMENT.—No de- ‘‘(B) the sum of— account under paragraph (1) shall be reduced duction shall be allowed under subsection (a) ‘‘(i) the taxpayer’s tentative minimum tax (but not below zero) by the amount deter- to a taxpayer with respect to an eligible stu- for such taxable year, plus mined under subparagraph (B). dent unless the taxpayer includes the name, ‘‘(ii) the credit allowed for the taxable year ‘‘(B) AMOUNT OF REDUCTION.—The amount age, and taxpayer identification number of under section 32. determined under this subparagraph equals such eligible student on the return of tax for ‘‘(c) ELIGIBLE CHILD.—For purposes of this the amount which bears the same ratio to the taxable year. section, the term ‘eligible child’ means any the amount which would be so taken into ac- ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— child (as defined in section 151(c)(3)) of the count as— The term ‘institution of higher education’ taxpayer— ‘‘(i) the excess of— means an institution which— ‘‘(1) who has not attained age 13 as of the ‘‘(I) the taxpayer’s modified adjusted gross ‘‘(A) is described in section 481 of the High- close of the calendar year in which the tax- income for such taxable year, over er Education Act of 1965 (20 U.S.C. 1088), as in able year of the taxpayer begins, ‘‘(II) $70,000 ($100,000 in the case of a joint effect on the date of the enactment of this ‘‘(2) who is a dependent of the taxpayer return), bears to section, and with respect to whom the taxpayer is al- ‘‘(ii) $20,000. ‘‘(B) is eligible to participate in programs lowed a deduction under section 151 for such ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.— under title IV of such Act. taxable year, and The term ‘modified adjusted gross income’ ‘‘(d) SPECIAL RULES.—

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‘‘(1) NO DOUBLE BENEFIT.— ‘‘Sec. 220. Higher education tuition and fees. SEC. 203. COORDINATION OF IRA DEDUCTION LIMIT WITH ELECTIVE DEFERRAL ‘‘(A) IN GENERAL.—No deduction shall be ‘‘Sec. 221. Cross reference.’’ allowed under subsection (a) for qualified LIMIT. higher education expenses with respect to (d) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section 219(b) (relating to which a deduction is allowable to the tax- made by this section shall apply to payments maximum amount of deduction) is amended payer under any other provision of this chap- made after December 31, 1995. by adding at the end the following new para- graph: ter unless the taxpayer irrevocably waives TITLE II—PROVISIONS RELATING TO ‘‘(4) COORDINATION WITH ELECTIVE DEFERRAL his right to the deduction of such expenses INDIVIDUAL RETIREMENT PLANS under such other provision. LIMIT.—The amount determined under para- ‘‘(B) DEPENDENTS.—No deduction shall be Subtitle A—Retirement Savings Incentives graph (1) or subsection (c)(2) with respect to allowed under subsection (a) to any indi- PART I—IRA DEDUCTION any individual for any taxable year shall not vidual with respect to whom a deduction exceed the excess (if any) of— SEC. 201. INCREASE IN INCOME LIMITATIONS. under section 151 is allowable to another tax- ‘‘(A) the limitation applicable for the tax- payer for a taxable year beginning in the cal- (a) IN GENERAL.—Subparagraph (B) of sec- able year under section 402(g)(1), over endar year in which such individual’s taxable tion 219(g)(3) is amended— ‘‘(B) the elective deferrals (as defined in year begins. (1) by striking ‘‘$40,000’’ in clause (i) and section 402(g)(3)) of such individual for such ‘‘(C) SAVINGS BOND EXCLUSION.—A deduc- inserting ‘‘$80,000’’, and taxable year.’’ tion shall be allowed under subsection (a) for (2) by striking ‘‘$25,000’’ in clause (ii) and (b) CONFORMING AMENDMENT.—Section qualified higher education expenses only to inserting ‘‘$50,000’’. 219(c) is amended by adding at the end the the extent the amount of such expenses ex- (b) PHASE-OUT OF LIMITATIONS.—Clause (ii) following new paragraph: ceeds the amount excludable under section of section 219(g)(2)(A) is amended by striking ‘‘(3) CROSS REFERENCE.— 135 for the taxable year. ‘‘$10,000’’ and inserting ‘‘an amount equal to ‘‘For reduction in paragraph (2) amount, ‘‘(2) LIMITATION ON TAXABLE YEAR OF DE- 10 times the dollar amount applicable for the see subsection (b)(4).’’ DUCTION.— taxable year under subsection (b)(1)(A)’’. (c) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—A deduction shall be al- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable lowed under subsection (a) for any taxable made by this section shall apply to taxable years beginning after December 31, 1995. year only to the extent the qualified higher years beginning after December 31, 1995. PART II—NONDEDUCTIBLE TAX-FREE education expenses are in connection with SEC. 202. INFLATION ADJUSTMENT FOR DEDUCT- IRA’S enrollment at an institution of higher edu- IBLE AMOUNT AND INCOME LIMITA- SEC. 211. ESTABLISHMENT OF NONDEDUCTIBLE cation during the taxable year. TIONS. TAX-FREE INDIVIDUAL RETIREMENT ‘‘(B) CERTAIN PREPAYMENTS ALLOWED.— (a) IN GENERAL.—Section 219 is amended by ACCOUNTS. Subparagraph (A) shall not apply to qualified redesignating subsection (h) as subsection (i) higher education expenses paid during a tax- (a) IN GENERAL.—Subpart A of part I of and by inserting after subsection (g) the fol- subchapter D of chapter 1 (relating to pen- able year if such expenses are in connection lowing new subsection: with an academic term beginning during sion, profit-sharing, stock bonus plans, etc.) ‘‘(h) COST-OF-LIVING ADJUSTMENTS.— such taxable year or during the 1st 3 months is amended by inserting after section 408 the ‘‘(1) IN GENERAL.—In the case of any tax- of the next taxable year. following new section: able year beginning in a calendar year after ‘‘(3) ADJUSTMENT FOR CERTAIN SCHOLAR- ‘‘SEC. 408A. SPECIAL INDIVIDUAL RETIREMENT 1996, each dollar amount to which this sub- ACCOUNTS. SHIPS AND VETERANS BENEFITS.—The amount section applies shall be increased by an of qualified higher education expenses other- ‘‘(a) GENERAL RULE.—Except as provided in amount equal to— wise taken into account under subsection (a) this chapter, a special individual retirement ‘‘(A) such dollar amount, multiplied by with respect to the education of an indi- account shall be treated for purposes of this ‘‘(B) the cost-of-living adjustment deter- vidual shall be reduced (before the applica- title in the same manner as an individual re- mined under section 1(f)(3) for the calendar tion of subsection (b)) by the sum of the tirement plan. year in which the taxable year begins, deter- amounts received with respect to such indi- ‘‘(b) SPECIAL INDIVIDUAL RETIREMENT AC- mined by substituting ‘calendar year 1995’ vidual for the taxable year as— COUNT.—For purposes of this title, the term for ‘calendar year 1992’ in subparagraph (B) ‘‘(A) a qualified scholarship which under ‘special individual retirement account’ thereof. section 117 is not includable in gross income, means an individual retirement plan which ‘‘(2) DOLLAR AMOUNTS TO WHICH SUBSECTION ‘‘(B) an educational assistance allowance is designated at the time of establishment of APPLIES.—This subsection shall apply to— under chapter 30, 31, 32, 34, or 35 of title 38, the plan as a special individual retirement ‘‘(A) the $2,000 amounts under subsection United States Code, or account. (b)(1)(A) and (c), and ‘‘(C) a payment (other than a gift, bequest, ‘‘(c) TREATMENT OF CONTRIBUTIONS.— ‘‘(B) the applicable dollar amounts under devise, or inheritance within the meaning of ‘‘(1) NO DEDUCTION ALLOWED.—No deduction subsection (g)(3)(B). section 102(a)) for educational expenses, or shall be allowed under section 219 for a con- ‘‘(3) ROUNDING RULES.— attributable to enrollment at an eligible tribution to a special individual retirement ‘‘(A) DEDUCTION AMOUNTS.—If any amount educational institution, which is exempt account. referred to in paragraph (2)(A) as adjusted from income taxation by any law of the ‘‘(2) CONTRIBUTION LIMIT.—The aggregate under paragraph (1) is not a multiple of $500, United States. amount of contributions for any taxable year such amount shall be rounded to the next ‘‘(4) NO DEDUCTION FOR MARRIED INDIVID- to all special individual retirement accounts lowest multiple of $500. UALS FILING SEPARATE RETURNS.—If the tax- maintained for the benefit of an individual ‘‘(B) APPLICABLE DOLLAR AMOUNTS.—If any payer is a married individual (within the shall not exceed the excess (if any) of— amount referred to in paragraph (2)(B) as ad- meaning of section 7703), this section shall ‘‘(A) the maximum amount allowable as a justed under paragraph (1) is not a multiple apply only if the taxpayer and the taxpayer’s deduction under section 219 with respect to of $5,000, such amount shall be rounded to spouse file a joint return for the taxable such individual for such taxable year, over the next lowest multiple of $5,000.’’ year. ‘‘(B) the amount so allowed. (b) CONFORMING AMENDMENTS.— ‘‘(5) NONRESIDENT ALIENS.—If the taxpayer ‘‘(3) SPECIAL RULES FOR QUALIFIED TRANS- (1) Clause (i) of section 219(c)(2)(A) is is a nonresident alien individual for any por- FERS.— amended to read as follows: tion of the taxable year, this section shall ‘‘(A) IN GENERAL.—No rollover contribution ‘‘(i) the sum of $250 and the dollar amount apply only if such individual is treated as a may be made to a special individual retire- in effect for the taxable year under sub- resident alien of the United States for pur- ment account unless it is a qualified trans- section (b)(1)(A), or’’. poses of this chapter by reason of an election fer. (2) Section 408(a)(1) is amended by striking under subsection (g) or (h) of section 6013. ‘‘(B) LIMIT NOT TO APPLY.—The limitation ‘‘in excess of $2,000 on behalf of any indi- ‘‘(6) REGULATIONS.—The Secretary may under paragraph (2) shall not apply to a vidual’’ and inserting ‘‘on behalf of any indi- prescribe such regulations as may be nec- qualified transfer to a special individual re- vidual in excess of the amount in effect for essary or appropriate to carry out this sec- tirement account. such taxable year under section 219(b)(1)(A)’’. tion, including regulations requiring record- ‘‘(d) TAX TREATMENT OF DISTRIBUTIONS.— (3) Section 408(b)(2)(B) is amended by strik- keeping and information reporting.’’ ‘‘(1) IN GENERAL.—Except as provided in (b) DEDUCTION ALLOWED IN COMPUTING AD- ing ‘‘$2,000’’ and inserting ‘‘the dollar this subsection, any amount paid or distrib- JUSTED GROSS INCOME.—Section 62(a) is amount in effect under section 219(b)(1)(A)’’. uted out of a special individual retirement amended by inserting after paragraph (15) (4) Subparagraph (A) of section 408(d)(5) is account shall not be included in the gross in- the following new paragraph: amended by striking ‘‘$2,250’’ and inserting come of the distributee. ‘‘(16) HIGHER EDUCATION TUITION AND ‘‘the dollar amount in effect for the taxable ‘‘(2) EXCEPTION FOR EARNINGS ON CONTRIBU- FEES.—The deduction allowed by section year under section 219(c)(2)(A)(i)’’. TIONS HELD LESS THAN 5 YEARS.— 220.’’ (5) Section 408(j) is amended by striking ‘‘(A) IN GENERAL.—Any amount distributed (c) CONFORMING AMENDMENT.—The table of ‘‘$2,000’’. out of a special individual retirement ac- sections for part VII of subchapter B of chap- (c) EFFECTIVE DATE.—The amendments count which consists of earnings allocable to ter 1 is amended by striking the item relat- made by this section shall apply to taxable contributions made to the account during ing to section 220 and inserting: years beginning after December 31, 1995. the 5-year period ending on the day before

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2850 CONGRESSIONAL RECORD — SENATE February 16, 1995 such distribution shall be included in the to another special individual retirement ac- ical care for purposes of this subparagraph gross income of the distributee for the tax- count. (B).’’ able year in which the distribution occurs. ‘‘(3) DEFINITIONS.—For purposes of this sub- (3) CONFORMING AMENDMENT.—Subpara- ‘‘(B) ORDERING RULE.— section, the terms ‘adjusted gross income’ graph (B) of section 72(t)(2) is amended by ‘‘(i) FIRST-IN, FIRST-OUT RULE.—Distribu- and ‘applicable dollar amount’ have the striking ‘‘or (C)’’ and inserting ‘‘, (C) or (D)’’. tions from a special individual retirement meanings given such terms by section (c) DEFINITIONS.—Section 72(t), as amended account shall be treated as having been 219(g)(3), except subparagraph (A)(ii) thereof by this Act, is amended by adding at the end made— shall be applied without regard to the phrase the following new paragraphs: ‘‘(I) first from the earliest contribution ‘or the deduction allowable under this sec- ‘‘(7) QUALIFIED FIRST-TIME HOMEBUYER DIS- (and earnings allocable thereto) remaining tion’.’’ TRIBUTIONS.—For purposes of paragraph in the account at the time of the distribu- (b) EARLY WITHDRAWAL PENALTY.—Section (2)(D)(i)— tion, and 72(t) is amended by adding at the end the fol- ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(II) then from other contributions (and lowing new paragraph: first-time homebuyer distribution’ means earnings allocable thereto) in the order in ‘‘(6) RULES RELATING TO SPECIAL INDIVIDUAL any payment or distribution received by an which made. RETIREMENT ACCOUNTS.—In the case of a spe- individual to the extent such payment or dis- ‘‘(ii) ALLOCATIONS BETWEEN CONTRIBUTIONS cial individual retirement account under sec- tribution is used by the individual before the AND EARNINGS.—Any portion of a distribution tion 408A— close of the 60th day after the day on which allocated to a contribution (and earnings al- ‘‘(A) this subsection shall only apply to such payment or distribution is received to locable thereto) shall be treated as allocated distributions out of such account which con- pay qualified acquisition costs with respect first to the earnings and then to the con- sist of earnings allocable to contributions to a principal residence of a first-time home- tribution. made to the account during the 5-year period buyer who is such individual or the spouse, ‘‘(iii) ALLOCATION OF EARNINGS.—Earnings ending on the day before such distribution, child (as defined in section 151(c)(3)), or shall be allocated to a contribution in such and grandchild of such individual. manner as the Secretary may by regulations ‘‘(B) paragraph (2)(A)(i) shall not apply to ‘‘(B) QUALIFIED ACQUISITION COSTS.—For prescribe. any distribution described in subparagraph purposes of this paragraph, the term ‘quali- ‘‘(iv) CONTRIBUTIONS IN SAME YEAR.—Except (A).’’ fied acquisition costs’ means the costs of ac- as provided in regulations, all contributions (c) EXCESS CONTRIBUTIONS.—Section 4973(b) quiring, constructing, or reconstructing a made during the same taxable year may be is amended by adding at the end the fol- residence. Such term includes any usual or treated as 1 contribution for purposes of this lowing new sentence: ‘‘For purposes of para- reasonable settlement, financing, or other subparagraph. graphs (1)(B) and (2)(C), the amount allow- closing costs. ‘‘(C) CROSS REFERENCE.— able as a deduction under section 219 shall be ‘‘(C) FIRST-TIME HOMEBUYER; OTHER DEFINI- ‘‘For additional tax for early withdrawal, computed without regard to section 408A.’’ TIONS.—For purposes of this paragraph— see section 72(t). (d) CONFORMING AMENDMENT.—The table of ‘‘(i) FIRST-TIME HOMEBUYER.—The term ‘‘(3) QUALIFIED TRANSFER.— sections for subpart A of part I of subchapter ‘first-time homebuyer’ means any individual ‘‘(A) IN GENERAL.—Paragraph (2) shall not D of chapter 1 is amended by inserting after if— apply to any distribution which is trans- the item relating to section 408 the following ‘‘(I) such individual (and if married, such ferred in a qualified transfer to another spe- new item: individual’s spouse) had no present owner- cial individual retirement account. ‘‘Sec. 408A. Special individual retirement ac- ship interest in a principal residence during ‘‘(B) CONTRIBUTION PERIOD.—For purposes counts.’’ the 3-year period ending on the date of acqui- sition of the principal residence to which of paragraph (2), the special individual re- (e) EFFECTIVE DATE.—The amendments tirement account to which any contributions made by this section shall apply to taxable this paragraph applies, and are transferred shall be treated as having years beginning after December 31, 1995. ‘‘(II) subsection (h) or (k) of section 1034 did not suspend the running of any period of held such contributions during any period Subtitle B—Penalty-Free Distributions such contributions were held (or are treated time specified in section 1034 with respect to SEC. 221. DISTRIBUTIONS FROM CERTAIN PLANS such individual on the day before the date as held under this subparagraph) by the spe- MAY BE USED WITHOUT PENALTY TO cial individual retirement account from the distribution is applied pursuant to sub- PURCHASE FIRST HOMES, TO PAY paragraph (A). which transferred. HIGHER EDUCATION OR FINAN- ‘‘(4) SPECIAL RULES RELATING TO CERTAIN CIALLY DEVASTATING MEDICAL EX- In the case of an individual described in sec- TRANSFERS.— PENSES, OR BY THE UNEMPLOYED. tion 143(i)(1)(C) for any year, an ownership ‘‘(A) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—Paragraph (2) of section interest shall not include any interest under other provision of law, in the case of a quali- 72(t) (relating to exceptions to 10-percent ad- a contract of deed described in such section. fied transfer to a special individual retire- ditional tax on early distributions from An individual who loses an ownership inter- ment account from an individual retirement qualified retirement plans) is amended by est in a principal residence incident to a di- plan which is not a special individual retire- adding at the end the following new subpara- vorce or legal separation is deemed for pur- ment account— graph: poses of this subparagraph to have had no ‘‘(i) there shall be included in gross income ‘‘(D) DISTRIBUTIONS FROM CERTAIN PLANS ownership interest in such principal resi- any amount which, but for the qualified FOR FIRST HOME PURCHASES OR EDUCATIONAL dence within the period referred to in sub- transfer, would be includible in gross in- EXPENSES.—Distributions to an individual paragraph (A)(II). come, but from an individual retirement plan— ‘‘(ii) PRINCIPAL RESIDENCE.—The term ‘‘(ii) section 72(t) shall not apply to such ‘‘(i) which are qualified first-time home- ‘principal residence’ has the same meaning amount. buyer distributions (as defined in paragraph as when used in section 1034. ‘‘(B) TIME FOR INCLUSION.—In the case of (7)); or ‘‘(iii) DATE OF ACQUISITION.—The term ‘date any qualified transfer which occurs before ‘‘(ii) to the extent such distributions do of acquisition’ means the date— January 1, 1997, any amount includible in not exceed the qualified higher education ex- ‘‘(I) on which a binding contract to acquire gross income under subparagraph (A) with penses (as defined in paragraph (8)) of the the principal residence to which subpara- respect to such contribution shall be includ- taxpayer for the taxable year.’’ graph (A) applies is entered into, or ible ratably over the 4-taxable year period (b) FINANCIALLY DEVASTATING MEDICAL EX- ‘‘(II) on which construction or reconstruc- beginning in the taxable year in which the PENSES.— tion of such a principal residence is com- amount was paid or distributed out of the in- (1) IN GENERAL.—Section 72(t)(3)(A) is menced. dividual retirement plan. amended by striking ‘‘(B),’’. ‘‘(D) SPECIAL RULE WHERE DELAY IN ACQUISI- ‘‘(e) QUALIFIED TRANSFER.—For purposes of (2) CERTAIN LINEAL DESCENDANTS AND AN- TION.—If any distribution from any indi- this section CESTORS TREATED AS DEPENDENTS AND LONG- vidual retirement plan fails to meet the re- ‘‘(1) IN GENERAL.—The term ‘qualified TERM CARE SERVICES TREATED AS MEDICAL quirements of subparagraph (A) solely by transfer’ means a transfer to a special indi- CARE.—Subparagraph (B) of section 72(t)(2) is reason of a delay or cancellation of the pur- vidual retirement account from another such amended by striking ‘‘medical care’’ and all chase or construction of the residence, the account or from an individual retirement that follows and inserting ‘‘medical care de- amount of the distribution may be contrib- plan but only if such transfer meets the re- termined— uted to an individual retirement plan as pro- quirements of section 408(d)(3). ‘‘(i) without regard to whether the em- vided in section 408(d)(3)(A)(i) (determined by ‘‘(2) LIMITATION.—A transfer otherwise de- ployee itemizes deductions for such taxable substituting ‘120 days’ for ‘60 days’ in such scribed in paragraph (1) shall not be treated year, and section), except that— as a qualified transfer if the taxpayer’s ad- ‘‘(ii) in the case of an individual retire- ‘‘(i) section 408(d)(3)(B) shall not be applied justed gross income for the taxable year of ment plan— to such contribution, and the transfer exceeds the sum of— ‘‘(I) by treating such employee’s depend- ‘‘(ii) such amount shall not be taken into ‘‘(A) the applicable dollar amount, plus ents as including all children, grandchildren account in determining whether section ‘‘(B) the dollar amount applicable for the and ancestors of the employee or such em- 408(d)(3)(A)(i) applies to any other amount. taxable year under section 219(g)(2)(A)(ii). ployee’s spouse and ‘‘(8) QUALIFIED HIGHER EDUCATION EX- This paragraph shall not apply to a transfer ‘‘(II) by treating qualified long-term care PENSES.—For purposes of paragraph from a special individual retirement account services (as defined in paragraph (9)) as med- (2)(D)(ii)—

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2851 ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(ii) by a corporation or partnership which This bill is the next step in my Ad- higher education expenses’ means tuition is related (within the meaning of section ministration’s continuing effort to and fees required for the enrollment or at- 267(b) or 707(b)) to the individual. raise living standards for working fam- tendance of— For purposes of this subparagraph, the term ‘‘(i) the taxpayer, ilies and help restore the American ‘relative’ means an individual bearing a rela- Dream for all our people. ‘‘(ii) the taxpayer’s spouse, tionship to the individual which is described ‘‘(iii) a dependent of the taxpayer with re- For 2 years, we have worked hard to in paragraphs (1) through (8) of section strengthen our economy. We worked spect to whom the taxpayer is allowed a de- 152(a).’’ duction under section 151, or (d) PENALTY-FREE DISTRIBUTIONS FOR CER- with the last Congress to enact legisla- ‘‘(iv) the taxpayer’s child (as defined in TAIN UNEMPLOYED INDIVIDUALS.—Paragraph tion that will reduce the annual defi- section 151(c)(3)) or grandchild, (2) of section 72(t) is amended by adding at cits of 1994–98 by more than $600 bil- as an eligible student at an institution of the end the following new subparagraph: lion; we created nearly 6 million new higher education (as defined in paragraphs ‘‘(E) DISTRIBUTIONS TO UNEMPLOYED INDI- jobs; we cut taxes for 15 million low-in- (1)(D) and (2) of section 220(c)). VIDUALS.—A distribution from an individual come families and gave tax relief to ‘‘(B) EXCEPTIONS.—The term ‘qualified retirement plan to an individual after sepa- small businesses; we opened export higher education expenses’ does not include ration from employment, if— expenses described in subparagraphs (B) and ‘‘(i) such individual has received unem- markets through global and regional (C) of section 220(c)(1). ployment compensation for 12 consecutive trade agreements; we invested in ‘‘(C) COORDINATION WITH SAVINGS BOND PRO- weeks under any Federal or State unemploy- human and physical capital to increase VISIONS.—The amount of qualified higher ment compensation law by reason of such productivity; and we reduced the Fed- education expenses for any taxable year separation, and eral Government by more than 100,000 shall be reduced by any amount excludable ‘‘(ii) such distributions are made during positions. from gross income under section 135. any taxable year during which such unem- With that strong foundation in place, ‘‘(9) QUALIFIED LONG-TERM CARE SERVICES.— ployment compensation is paid or the suc- For purposes of paragraph (2)(B)— I am now proposing a Middle Class Bill ceeding taxable year.’’ of Rights. Despite our progress, too ‘‘(A) IN GENERAL.—The term ‘qualified (e) EFFECTIVE DATE.—The amendments long-term care services’ means necessary di- made by this section shall apply to payments many Americans are still working agnostic, curing, mitigating, treating, pre- and distributions after December 31, 1995. harder for less. The Middle Class Bill of ventive, therapeutic, and rehabilitative serv- SEC. 222. CONTRIBUTIONS MUST BE HELD AT Rights will enable working Americans ices, and maintenance and personal care LEAST 5 YEARS IN CERTAIN CASES. to raise their families and get the edu- services (whether performed in a residential (a) IN GENERAL.—Section 72(t), as amended cation and training they need to meet or nonresidential setting) which— by this Act, is amended by adding at the end the demands of a new global economy. ‘‘(i) are required by an individual during the following new paragraph: It will let middle-income families share any period the individual is an incapacitated ‘‘(10) CERTAIN CONTRIBUTIONS MUST BE HELD in our economic prosperity today and individual (as defined in subparagraph (B)), 5 YEARS.— ‘‘(ii) have as their primary purpose— ‘‘(A) IN GENERAL.—Paragraph (2)(A)(i) shall help them build our economic pros- ‘‘(I) the provision of needed assistance with not apply to any amount distributed out of perity tomorrow. 1 or more activities of daily living (as de- an individual retirement plan (other than a The ‘‘Middle-Class Bill of Rights Tax fined in subparagraph (C)), or special individual retirement account) which Relief Act of 1995’’ includes three of the ‘‘(II) protection from threats to health and is allocable to contributions made to the four elements of my Middle Class Bill safety due to severe cognitive impairment, plan during the 5-year period ending on the of Rights. First, it offers middle-in- and date of such distribution (and earnings on come families a $500 tax credit for each ‘‘(iii) are provided pursuant to a con- such contributions). child under 13. Second, it includes a tax tinuing plan of care prescribed by a licensed ‘‘(B) ORDERING RULE.—For purposes of this professional (as defined in subparagraph (D)). paragraph, distributions shall be treated as deduction of up to $10,000 a year to help ‘‘(B) INCAPACITATED INDIVIDUAL.—The term having been made— middle-income Americans pay for post- ‘incapacitated individual’ means any indi- ‘‘(i) first from the earliest contribution secondary education expenses and vidual who— (and earnings allocable thereto) remaining training expenses. Third, it lets more ‘‘(i) is unable to perform, without substan- in the account at the time of the distribu- middle-income Americans make tax- tial assistance from another individual (in- tion, and deductible contributions to Individual cluding assistance involving cueing or sub- ‘‘(ii) then from other contributions (and Retirement Accounts and withdraw stantial supervision), at least 2 activities of earnings allocable thereto) in the order in from them, penalty-free, for the costs daily living as defined in subparagraph (C), which made. or of education and training, health care, Earnings shall be allocated to contributions first-time home-buying, long periods of ‘‘(ii) has severe cognitive impairment as in such manner as the Secretary may pre- defined by the Secretary in consultation scribe. unemployment, or the care of an ill with the Secretary of Health and Human ‘‘(C) SPECIAL RULE FOR ROLLOVERS.— parent. Services. ‘‘(i) PENSION PLANS.—Subparagraph (A) The fourth element of my Middle Such term shall not include any individual shall not apply to distributions out of an in- Class Bill of Rights—not included in otherwise meeting the requirements of the dividual retirement plan which are allocable this legislation—is the GI Bill for preceding sentence unless a licensed profes- to rollover contributions to which section America’s Workers, which consolidates sional within the preceding 12-month period 402(c), 403(a)(4), or 403(b)(8) applied. 70 Federal training programs and cre- has certified that such individual meets such ‘‘(ii) CONTRIBUTION PERIOD.—For purposes ates a more effective system for learn- requirements. of subparagraph (A), amounts shall be treat- ing new skills and finding better jobs ‘‘(C) ACTIVITIES OF DAILY LIVING.—Each of ed as having been held by a plan during any the following is an activity of daily living: period such contributions were held (or are for adults and youth. Legislation for ‘‘(i) Eating. treated as held under this clause) by any in- this proposal is being developed in co- ‘‘(ii) Toileting. dividual retirement plan from which trans- operation with the Congress. ‘‘(iii) Transferring. ferred. If enacted, the Middle Class Bill of ‘‘(iv) Bathing. ‘‘(D) SPECIAL ACCOUNTS.—For rules applica- Rights will help keep the American ‘‘(v) Dressing. ble to special individual retirement accounts Dream alive for everyone willing to ‘‘(D) LICENSED PROFESSIONAL.—The term under section 408A, see paragraph (8).’’ take responsibility for themselves, ‘licensed professional’ means— (b) EFFECTIVE DATE.—The amendment their families, and their futures. And it ‘‘(i) a physician or registered professional made by this section shall apply to contribu- nurse, or tions (and earnings allocable thereto) which will not burden our children with more ‘‘(ii) any other individual who meets such are made after December 31, 1995. debt. In my fiscal 1996 budget, we have requirements as may be prescribed by the found enough savings not only to pay Secretary after consultation with the Sec- PRESIDENTIAL MESSAGE REGARDING THE for this tax bill, but also to provide an- retary of Health and Human Services. MIDDLE-CLASS BILL OF RIGHTS other $81 billion in deficit reduction be- ‘‘(E) CERTAIN SERVICES NOT INCLUDED.—The To the Congress of the United States: tween 1996 and 2000. term ‘qualified long-term care services’ shall I am pleased to transmit today for This legislation will restore fairness not include any services provided to an indi- your immediate consideration and en- to our tax system, let middle-income vidual— ‘‘(i) by a relative (directly or through a actment the ‘‘Middle-Class Bill of families in our economic prosperity, partnership, corporation, or other entity) Rights Tax Relief Act of 1995.’’ I am encourage Americans to prepare for the unless the relative is a licensed professional also sending you an explanation of the future, and help ensure that the United with respect to such services, or revenue proposals of this legislation. States moves into the 21st Century

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2852 CONGRESSIONAL RECORD — SENATE February 16, 1995 still the strongest nation in the world. below, would apply for purposes of the de- Charges and expenses associated with meals, I urge the Congress to take prompt and pendent child credit. lodging, student activities, athletics, health favorable action on this legislation. care, transportation, books and similar per- REVENUE ESTIMATE sonal, living or family expenses would not be WILLIAM J. CLINTON. [In billions of dollars] included. The expenses of education involv- THE WHITE HOUSE, February 13, 1995. ing sports, games, or hobbies would not be Fiscal years— qualified educational expenses unless the GENERAL EXPLANATION OF THE MIDDLE-CLASS Total education is required as part of a degree pro- BILL OF RIGHTS TAX RELIEF ACT OF 1995 1995 1996 1997 1998 1999 2000 gram or related to the student’s current pro- TAX CREDIT FOR DEPENDENT CHILDREN Tax credit fession. for de- Current law pendent Qualified educational expenses would be ¥ ¥ ¥ ¥ ¥ ¥ A tax exemption, in the form of a deduc- children 0 3.5 6.8 6.6 8.3 10.1 35.4 deductible in the year the expenses are paid, tion, is allowed for each taxpayer and for subject to the requirement that the edu- EDUCATION AND JOB TRAINING TAX DEDUCTION each dependent of a taxpayer. A dependent cation commences or continues during that includes a child of the taxpayer who is sup- Current law year or during the first three months of the ported by the taxpayer and is under age 19 at Taxpayers generally may not deduct the next year. Qualified educational expenses the close of the calendar year or is a student expenses of higher education and training. paid with the proceeds of a loan generally under age 24. The deduction amount is $2,500 There are, however, special circumstances in will be deductible (rather than repayment of for tax year 1995. This amount is indexed an- which deductions for educational expenses the loan itself). Normal tax benefit rules nually for inflation. are allowed, or in which the payment of edu- would apply to refunds (and reimbursements In addition to an exemption for each child, cational expenses by others is excluded from through insurance) of previously deducted three other tax benefits may accrue to tax- income. tuition and fees. payers with dependent or otherwise quali- Educational expenses may be deductible, In 1996, 1997, and 1998, the maximum deduc- fying children: the credit for child and de- but only if the taxpayer itemizes, and only tion would be $5,000. In 1999 and thereafter, pendent care expenses, the exclusion for em- to the extent that the expenses, along with this maximum would increase to $10,000. The ployer-provided child and dependent care other miscellaneous itemized deductions, ex- deduction would be phased out ratably for benefits, and the earned income tax credit ceed two percent of adjusted gross income taxpayers with modified AGI between $70,000 (EITC). (AGI). A deduction for educational purposes and $90,000 ($100,000 and $120,000 for joint re- The EITC is a refundable tax credit based is allowed only if the education maintains or turns). Modified AGI would include taxable on the earnings of the taxpayer. The EITC is improves a skill required in the individual’s Social Security benefits and amounts other- restricted to lower-income taxpayers and is employment or other trade or business, or is wise excluded with respect to income earned phased out when earnings exceed specified required by the individual’s employer, or by abroad (or income from Puerto Rico or U.S. levels. Although the EITC is available for law or regulation for the individual to retain possessions). Beginning in 2000, the income taxpayers without dependents or otherwise his or her current job. phase-out range would be indexed for infla- qualifying children, the credit rate and in- The interest from qualified U.S. savings tion. come range of the credit are far greater when bonds is excluded from a taxpayer’s gross in- Any amount taken into account as a quali- the taxpayer has one or more qualifying chil- come to the extent the interest is used to fied educational expense would be reduced by dren. In addition, the rate and income range pay qualified educational expenses. To be educational assistance that is not required are higher for taxpayers with two or more qualified, the savings bonds must be pur- to be included in the gross income of either qualifying children than for taxpayers with chased after December 31, 1989, by a person the student or the taxpayer claiming the de- only one qualifying child. who has attained the age of 25. Qualified edu- duction. Thus, qualified educational ex- Reasons for change cational expenses consist of tuition and fees penses would be reduced by scholarship or for enrollment of the taxpayer, the tax- Tax relief for middle-class families has fellowship grants excludable from gross in- payer’s spouse, or the taxpayer’s dependent been and continues to be an important goal come under section 117 of the Internal Rev- at a public or non-profit institution of higher of this Administration. In 1993, the Adminis- enue Code (even if the grants are used to pay education, including two-year colleges and tration faced a projection of ever-increasing expenses other than qualified educational ex- vocational schools. deficits. Bringing the deficit under control penses) and any educational assistance re- and providing tax relief for the working poor Reasons for change ceived as veterans’ benefits. However, no re- through an expansion of the EITC were the Deductions for educational expenses com- duction would be required for a gift, bequest, first priorities. Having achieved more favor- bine needed tax relief with preparation for devise or inheritance within the meaning of able than projected results from the deficit new economic imperatives. The expenses of section 102(a). reduction program introduced in 1993, the higher education place a significant burden An eligible student would be one who is en- Administration can now turn to providing on many middle-class families. Grants and rolled or accepted for enrollment in a degree, tax relief to middle-income families. subsidized loans are available to students certificate, or other program (including a Tax relief to taxpayers with children is from low- and moderate-income families; program of study abroad approved for credit needed to adjust the relative tax burdens of high-income families can afford the costs of by the institution at which such student is smaller and larger families to reflect more higher education. enrolled) leading to a recognized educational accurately their relative abilities to pay Well-educated workers are essential to an credential at an eligible institution. The stu- taxes. Available resources should be targeted economy experiencing technological change dent must pursue a course of study on at to those in greatest need and at greatest and facing global competition. The Adminis- least a half-time basis (or be taking a course risk. tration believes that reducing the after-tax to improve or acquire job skills), cannot be Proposal cost of education for individuals and families enrolled in an elementary or secondary encourages investment in education and A nonrefundable tax credit, which would be school, and cannot be a nonresident alien. training while lowering tax burdens for mid- applied after the EITC, would be allowed for Educational institutions would determine dle-income taxpayers. each dependent child under age 13. It would what constitutes a half-time basis for indi- be phased in, at $300 per child for tax years Proposal vidual programs. 1996, 1997, and 1998, and $500 per child for 1999 A taxpayer would be allowed to deduct ‘‘Eligible institution’’ is defined by ref- and thereafter. The credit would not reduce qualified educational expenses paid during erence to section 481 of the Higher Education any alternative minimum tax liability. The the taxable year for the education or train- Act. Such institutions must have entered credit would be phased out for taxpayers ing of the taxpayer, the taxpayer’s spouse, or into an agreement with the Department of with adjusted gross income between $60,000 the taxpayer’s dependent. The deduction Education to participate in the student loan and $75,000. Beginning in the year 2000, both would be allowed in determining AGI. There- program. This definition includes certain the amount of the credit and the phase-out fore, taxpayers could claim the deduction proprietary institutions. range would be indexed for the effects of in- even if they do not itemize and even if they This proposal would not affect deductions flation. do not meet the two-percent AGI floor on claimed under any other section of the Code, Taxpayers claiming the dependent child itemized deductions. except that any amount deducted under an- credit would be required to provide valid so- Qualified educational expenses would be other section of the Code could not also be cial security numbers for themselves, their defined as tuition and fees charged by edu- deducted under this provision. An eligible spouses, and their children who qualify for cational institutions that are directly re- student would not be eligible to claim a de- the credit. The procedures that would apply lated to an eligible student’s course of study duction under this provision if that student for determining the validity of social secu- (e.g., registration fees, laboratory fees, and could be claimed as a dependent of another rity numbers under the EITC, discussed extra charges for particular courses). taxpayer.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2853 REVENUE ESTIMATE [In billions of dollars]

Fiscal years— 1995 1996 1997 1998 1999 2000 Total

Education and job training tax deduction ...... 0 ¥0.7 ¥4.7 ¥5.0 ¥5.8 ¥7.6 ¥23.7

EXPANDED INDIVIDUAL RETIREMENT ACCOUNTS nursing home expenses, should prove to be a. Education expenses: Current law more attractive to many taxpayers than ac- Penalty-free withdrawals would be allowed counts limited to retirement savings. Under current law, an individual may to the extent the amount withdrawn is used make deductible contributions to an indi- Proposal to pay qualified higher education expenses of vidual retirement account or individual re- Expand Deductible IRAs: Under the pro- the taxpayer, the taxpayer’s spouse, the tax- tirement annuity (IRA) up to the lesser of posal the income thresholds and phase-out payer’s dependent, or the taxpayer’s child or $2,000 or compensation (wages and self-em- ranges for deductible IRAs would be doubled; grandchild (even if not a dependent). In gen- ployment income). If the individual (or the therefore, eligibility would be phased out for eral, a withdrawal for qualified higher edu- individual’s spouse) is an active participant couples filing joint returns with AGI be- cation expenses would be subject to the same in an employer-sponsored retirement plan, tween $80,000 and $100,000 and for single indi- requirements as the deduction for qualified the $2,000 limit on deductible contributions viduals with AGI between $50,000 and $70,000. educational expenses (e.g., the expenses are is phased out for couples filing a joint return The income thresholds and the present-law tuition and fees that are charged by edu- with adjusted gross income (AGI) between annual contribution limit of $2,000 would be cational institutions and are directly related $40,000 and $50,000, and for single taxpayers indexed for inflation. As under current law, to an eligible student’s course of study). with AGI between $25,000 and $35,000. To the any individual who is not an active partici- b. First-time home purchasers: extent that an individual is not eligible for pant in an employer-sponsored plan and Penalty-free withdrawals would be allowed deductible IRA contributions, he or she may whose spouse is also not an active partici- to the extent the amount withdrawn is used make nondeductible IRA contributions (up pant would be eligible for deductible IRAs to pay qualified acquisition, construction, or to the contributions limit). regardless of income. reconstruction costs with respect to a prin- The earnings on IRA account balances are Under the proposal, the IRA contribution cipal residence of a first-time home buyer not included in income until they are with- limit would be coordinated with the current who is the taxpayer, the taxpayer’s spouse, drawn. Withdrawals from an IRA (other than law limits on elective deferrals under quali- or the taxpayer’s child or grandchild. A first- withdrawals of nondeductible contributions) fied cash or deferred arrangements (sec. time home buyer would be any individual are includable in income, and must begin by 401(k) plans), tax-sheltered annuities (sec. (and if married, the individual’s spouse) who age 701⁄2. Amounts withdrawn before age 591⁄2 403(b) annuities), and similar plans. The pro- (1) did not own an interest in a principal res- are generally subject to an additional 10 per- posal also would provide that the present- idence during the three years prior to the cent penalty tax. The penalty tax does not law rule permitting penalty-free IRA with- purchase of a home and (2) was not in an ex- apply to distributions upon the death or dis- drawals after an individual reaches age 591⁄2 tended period for rolling over gain from the ability of the taxpayer or withdrawals in the does not apply in the case of amounts attrib- sale of a principal residence. form of substantially equal periodic pay- utable to contributions made during the pre- ments over the life (or life expectancy) of the vious five years. This provision does not c. Unemployment: IRA owner or over the joint lives (or life apply to amounts rolled over from tax-quali- Penalty-free withdrawals could be made by expectancies) of the IRA owner and his or fied plans or tax-sheltered annuities. an individual after the individual is sepa- her beneficiary. These provisions would be effective Janu- rated from employment if (1) the individual ary 1, 1996. Reasons for change has received unemployment compensation Special IRAs: Each individual eligible for a The Nation’s savings rate has declined dra- for 12 consecutive weeks and (2) the with- traditional deductible IRA would have the drawal is made in the taxable year in which matically since the 1970’s. The Administra- option of contributing an amount up to the tion believes that increasing the savings rate the unemployment compensation is received contribution limit to either a deductible IRA for the succeeding taxable year. is essential if the United States is to sustain or to a new ‘‘Special IRA.’’ Contributions to a sufficient level of private investment into a Special IRA would not be deductible, but if d. Medical care expenses and nursing home the next century. Without adequate invest- the contributions remained in the account costs: ment, the continued healthy growth of the for at least five years, distributions of the The proposal would extend to IRAs the economy is at risk. The Administration is contributions and earnings thereon would be present-law exception to the early with- also concerned that many households are not tax-free. Withdrawals of earnings from Spe- drawal tax for distributions from tax-quali- saving enough to provide for long-term needs cial IRAs during the five-year period after fied plans and tax-sheltered annuities for such as retirement and education. contribution would be subject to ordinary in- certain medical care expenses (deductible The Administration believes that individ- come tax. In addition, such withdrawals medical expenses that are subject to a floor uals should be encouraged to save, and that would be subject to the 10-percent penalty of 7.5 percent of AGI) and expand the excep- tax policies can provide a significant incen- tax on early withdrawals unless used for one tion for IRAs to allow withdrawal for med- tive. Under current law, however, savings in- of the four purposes described below. ical care expenses of the taxpayer’s child, centives in the form of deductible IRAs are The proposal would permit individuals grandchild, parent or grandparent, whether not available to all middle-income tax- whose AGI for a taxable year did not exceed or not such person otherwise qualifies as the payers. Furthermore, the present-law income the upper end of the new income eligibility taxpayer’s dependent. thresholds for deductible IRAs and the max- limits to convert balances in deductible In addition, for purposes of the exemption imum contribution amount are not indexed IRAs into Special IRAs without being sub- from the 10 percent tax on early withdrawals for inflation, so that fewer Americans are el- ject to the 10-percent tax on early with- for distributions from IRAs, the definition of igible to make a deductible IRA contribution drawals. The amount transferred from the medical care would include expenses for each year, and the amount of the maximum deductible IRA to the Special IRA generally qualified long-term care services for inca- contribution is declining in real terms over would be includable in the individual’s in- time. The Administration also believes that come in the year of the transfer. However, if pacitated individuals. Qualified long-term providing taxpayers with the option of mak- a transfer was made before January 1, 1997, care services generally would be services ing IRA contributions that are nondeduct- the transferred amount included in the indi- that are required by an incapacitated indi- ible but can be withdrawn tax free will pro- vidual’s income would be spread evenly over vidual, where the primary purpose of the vide an alternative savings vehicle that four taxable years. services is to provide needed assistance with some middle-income taxpayers may find The Special IRA provisions would be effec- any activity of daily living or protection more suitable for their savings needs. tive January 1, 1996. from threats to health and safety due to se- Individuals save for many purposes besides Penalty-Free Distributions. Amounts could vere cognitive impairment. An incapacitated retirement. Broadening the tax incentives be withdrawn penalty-free from deductible individual generally would be a person who for non-retirement saving can be an impor- IRAs and Special IRAs within the five-year is certified by a licensed professional within tant element in any proposal to increase the period after contribution, if the taxpayer the preceding 12-month period as being un- Nation’s savings rate. Expanding the flexi- used the amounts to pay post-secondary edu- able to perform without substantial assist- bility of IRAs to meet a wider variety of sav- cation costs, to buy or build a first home, to ance at least two activities of daily living, or ings needs, such as first-time home pur- cover living costs if unemployed, or to pay as having severe cognitive impairment. chases, higher education expenditures, un- catastrophic medical expenses (including These provisions would be effective Janu- employment and catastrophic medical and certain nursing home costs). ary 1, 1996.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2854 CONGRESSIONAL RECORD — SENATE February 16, 1995 REVENUE ESTIMATE [In billions of dollars]

Fiscal years— 1995 1996 1997 1998 1999 2000 Total

Expanded individual retirement accounts ...... 0 0.4 ¥0.3 ¥0.8 ¥1.0 ¥2.0 ¥3.8

Mr. DASCHLE. Mr. President, I am gibility criteria for the earned income Sec. 204. Foreign persons not to be treated pleased to join my distinguished col- tax credit, to improve tax compliance as owners under grantor trust league from New York, the ranking by U.S. persons establishing or bene- rules. member of the Finance Committee, in fiting from foreign trusts, and for other Sec. 205. Gratuitous transfers by partner- ships and foreign corporations. introducing the President’s Middle- purposes; to the Committee on Fi- Sec. 206. Information reporting regarding Class Bill of Rights, a modest package nance. large foreign gifts. of measures that will make it easier for THE TAX COMPLIANCE ACT OF 1995 Sec. 207. Modification of rules relating to middle-income Americans to raise Mr. MOYNIHAN. Mr. President, as foreign trusts which are not their children, educate themselves and/ ranking member of the Committee on grantor trusts. Sec. 208. Residence of estates and trusts. or their children, and save for retire- Finance, I am today joining with the ment. Democratic leader in introducing a TITLE III—ADDITIONAL EMPOWERMENT ZONES These proposals are in stark contrast bill, at the request of the administra- Sec. 301. Additional empowerment zones. to the tax cut proposals advanced by tion, containing the statutory provi- Republicans. The tax cuts in the Re- sions that implement the tax compli- TITLE I—PROVISIONS RELATING TO THE EARNED INCOME CREDIT publican Contract With America would ance proposals in the President’s fiscal cost four times as much as the Presi- year 1996 budget submission. SEC. 101. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED dent’s tax cuts over the next 10 years, By making statutory language avail- TO BE EMPLOYED IN THE UNITED with the overwhelming majority of the able early in the legislative process, STATES. benefit going to those making more the administration has aided the proc- (a) IN GENERAL.—Section 32(c)(1) (relating than $100,000. ess of Senate consideration of these to individuals eligible to claim the earned According to a recent report prepared provisions. This legislation also will income tax credit) is amended by adding at by the Joint Committee on Taxation, serve to answer many of the questions the end the following new subparagraph: ‘‘(F) IDENTIFICATION NUMBER REQUIRE- while the Republican tax cuts would that the public may have with respect cost $200 billion over the first 5 years, MENT.—The term ‘eligible individual’ does to the President’s tax proposals. not include any individual who does not in- that cost would balloon to $704 billion I want to thank the administration clude on the return of tax for the taxable over 10 years. The President’s Middle- for providing this level of detail in so year— Class Bill of Rights would cost less timely a fashion, and I look forward to ‘‘(i) such individual’s taxpayer identifica- than a quarter of that amount—$171 working with them on these proposals tion number, and billion—over a 10-year period. in the coming months. ‘‘(ii) if the individual is married (within In other words, Republicans are pro- Mr. President, I ask unanimous con- the meaning of section 7703), the taxpayer identification number of such individual’s posing tax cuts that will benefit the sent that the text of the bill and addi- middle class, while at the same time spouse.’’ tional material be printed in the (b) SPECIAL IDENTIFICATION NUMBER.—Sec- asking those same middle-income RECORD. tion 32 is amended by adding at the end the Americans to pay for tax cuts for high- There being no objection, the mate- following new subsection: income taxpayers that are three times rial was ordered to be printed in the ‘‘(k) IDENTIFICATION NUMBERS.—Solely for as large. That doesn’t sound like a fair RECORD, as follows: purposes of subsections (c)(1)(F) and (c)(3)(D), a taxpayer identification number deal to me. S. 453 While there are some similarities be- means a social security number issued to an Be it enacted by the Senate and House of Rep- individual by the Social Security Adminis- tween the President’s tax cuts and resentatives of the United States of America in those contained in the Contract With tration (other than a social security number Congress assembled, issued pursuant to clause (II) (or that por- America, the principal difference is SECTION 1. SHORT TITLE; AMENDMENT OF 1986 tion of clause (III) that relates to clause (II)) that the contract includes tax cuts for CODE. of section 205(c)(2)(B)(i) of the Social Secu- high-income people and large corpora- (a) SHORT TITLE.—This Act may be cited as rity Act).’’ tions. And, as far as their impact on the ‘‘Tax Compliance Act of 1995’’. (c) EXTENSION OF PROCEDURES APPLICABLE the budget and middle-income tax- (b) AMENDMENT OF 1986 CODE.—Except as TO MATHEMATICAL OR CLERICAL ERRORS.— payers is concerned, it is an exceed- otherwise expressly provided, whenever in Section 6213(g)(2) (relating to the definition this Act an amendment or repeal is ex- of mathematical or clerical errors) is amend- ingly large difference. pressed in terms of an amendment to, or re- Another way the President’s tax cuts ed by striking ‘‘and’ at the end of subpara- peal of, a section or other provision, the ref- graph (D), by striking the period at the end can be distinguished from Republican erence shall be considered to be made to a of subparagraph (E) and inserting ‘‘, and’’, proposals is that the President would section or other provision of the Internal and by inserting after subparagraph (E) the provide middle-income tax relief spe- Revenue Code of 1986. following new subparagraph: cifically for higher education and job (c) TABLE OF CONTENTS.— ‘‘(F) an omission of a correct taxpayer training. Education and job training Sec. 1. Short title; amendment of 1986 Code. identification number required under section expenses are among the largest costs TITLE I—PROVISIONS RELATING TO THE 23 (relating to credit for families with young- faced by middle-income families. Yet, EARNED INCOME CREDIT er children) or section 32 (relating to the earned income tax credit) to be included on education and job training are critical Sec. 101. Earned income tax credit denied to a return.’’ individuals not authorized to be tools needed by middle-class Ameri- (d) EFFECTIVE DATE.—The amendments employed in the United States. cans to build more quality of life for made by this section shall apply to taxable Sec. 102. Earned income tax credit denied to themselves and their children. years beginning after December 31, 1995. Mr. President, I understand that the individuals with substantial un- earned income. SEC. 102. EARNED INCOME TAX CREDIT DENIED Finance Committee already has held TO INDIVIDUALS WITH SUBSTAN- hearings on the President’s proposal, TITLE II—PROVISIONS RELATING TO TIAL UNEARNED INCOME. INTERNATIONAL TAXATION and I look forward to reviewing the (a) IN GENERAL.—Paragraph (1) of section committee’s report on the testimony Sec. 201. Revision of tax rules on expatria- 32(c) (relating to individuals eligible to claim tion. the earned income tax credit) is amended by presented at those hearings. Sec. 202. Improved information reporting on adding at the end the following new subpara- foreign trusts. graph: By Mr. MOYNIHAN (for himself Sec. 203. Modification of rules relating to ‘‘(G) EXCEPTION FOR INDIVIDUAL WITH SUB- and Mr. DASCHLE) (by request): foreign trusts having one or STANTIAL INTEREST AND DIVIDEND INCOME.— S. 453. A bill to amend the Internal more United States bene- The term ‘eligible individual’ shall not in- Revenue Code of 1986 to modify the eli- ficiaries. clude any individual if the aggregate amount

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of interest and dividends includible in the ‘‘(1) UNITED STATES REAL PROPERTY INTER- a United States real property interest de- gross income of the taxpayer for the taxable ESTS.—Any United States real property in- scribed in subsection (d)(1). year exceeds $2,500.’’ terest (as defined in section 897(c)(1)), other ‘‘(i) REGULATIONS.—The Secretary shall (b) CONFORMING AMENDMENT.— than stock of a United States real property prescribe such regulations as may be nec- (1) Paragraph (2) of section 32(i) (relating holding corporation which does not, on the essary or appropriate to carry out the pur- to inflation adjustments) is amended to read date the individual relinquishes his citizen- poses of this section. as follows: ship or ceases to be subject to tax as a resi- ‘‘(j) CROSS REFERENCE.— ‘‘(2) UNEARNED INCOME LIMITATION.—In the dent, meet the requirements of section ‘‘For termination of United States citizen- case of a taxable year beginning in a cal- 897(c)(2). ship for tax purposes, see section endar year after 1996, the dollar amount con- ‘‘(2) INTEREST IN CERTAIN RETIREMENT 7701(a)(47).’’ tained in subsection (c)(1)(G) shall be in- PLANS.— (b) DEFINITION OF TERMINATION OF UNITED creased by an amount equal to— ‘‘(A) IN GENERAL.—Any interest in a quali- STATES CITIZENSHIP.—Section 7701(a) is ‘‘(A) such dollar amount, multiplied by fied retirement plan (as defined in section amended by adding at the end the following ‘‘(B) the cost-of-living adjustment deter- 4974(d)), other than any interest attributable new paragraph: mined under section 1(f)(3) for the calendar to contributions which are in excess of any ‘‘(47) TERMINATION OF UNITED STATES CITI- year in which the taxable year begins, deter- limitation or which violate any condition for ZENSHIP.—An individual shall not cease to be mined by substituting ‘calendar year 1995’ tax-favored treatment. treated as a United States citizen before the for ‘calendar year 1992’ in subparagraph (B) ‘‘(B) FOREIGN PENSION PLANS.— date on which the individual’s citizenship is thereof. ‘‘(i) IN GENERAL.—Under regulations pre- treated as relinquished under section If any amount as adjusted under the pre- scribed by the Secretary, interests in foreign 877A(e)(1).’’ ceding sentence is not a multiple of $50, such pension plans or similar retirement arrange- (c) CONFORMING AMENDMENTS.— dollar amount shall be rounded to the near- ments or programs. (1) Section 877 is amended by adding at the est multiple of $50.’’ ‘‘(ii) LIMITATION.—The value of property end the following new subsection: (2) Paragraph (1) of section 32(i) is amended which is treated as not sold by reason of this ‘‘(f) TERMINATION.—This section shall not by adding at the end the following new flush subparagraph shall not exceed $500,000. apply to any individual who is subject to the sentence: ‘‘(e) DEFINITIONS.—For purposes of this sec- provisions of section 877A.’’ ‘‘If any amount as adjusted under the pre- tion— (2) Paragraph (10) of section 7701(b) is ceding sentence is not a multiple of $10, such ‘‘(1) RELINQUISHMENT OF CITIZENSHIP.—A amended by adding at the end the following dollar amount shall be rounded to the near- citizen shall be treated as relinquishing his new sentence: ‘‘This paragraph shall not est multiple of $10.’’ United States citizenship on the date the apply to any individual who is subject to the (c) EFFECTIVE DATE.—The amendments United States Department of State issues to provisions of section 877A.’’ made by this section shall apply to taxable the individual a certificate of loss of nation- (d) CLERICAL AMENDMENT.—The table of years beginning after December 31, 1995. ality or on the date a court of the United sections for subpart A of part II of sub- TITLE II—PROVISIONS RELATING TO States cancels a naturalized citizen’s certifi- chapter N of chapter 1 is amended by insert- INTERNATIONAL TAXATION cate of naturalization. ing after the item relating to section 877 the SEC. 201. REVISION OF TAX RULES ON EXPATRIA- following new item: TION. ‘‘(2) LONG-TERM RESIDENT.— N GENERAL (a) IN GENERAL.—Subpart A of part II of ‘‘(A) I .—The term ‘long-term ‘‘Sec. 877A. Tax responsibilities of expatria- subchapter N of chapter 1 is amended by in- resident’ means any individual (other than a tion.’’ citizen of the United States) who is a lawful serting after section 877 the following new (e) EFFECTIVE DATE.—The amendments section: permanent resident of the United States and, as a result of such status, has been subject to made by this section shall apply to— ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- (1) United States citizens who relinquish TION. tax as a resident in at least 10 taxable years during the period of 15 taxable years ending (within the meaning of section 877A(e)(1) of ‘‘(a) GENERAL RULES.—For purposes of this the Internal Revenue Code of 1986, as added subtitle— with the taxable year during which the sale under subsection (a) is treated as occurring. by this section) United States citizenship on ‘‘(1) CITIZENS.—If any United States citizen or after February 6, 1995, and ‘‘(B) SPECIAL RULE.—For purposes of sub- relinquishes his citizenship during a taxable (2) long-term residents (as defined in such year, all property held by such citizen at the paragraph (A), there shall not be taken into section) who cease to be subject to tax as time immediately before such relinquish- account— residents of the United States on or after ment shall be treated as sold at such time ‘‘(i) any taxable year during which any such date. for its fair market value and any gain or loss prior sale is treated under subsection (a) as shall be taken into account for such taxable occurring, or SEC. 202. IMPROVED INFORMATION REPORTING ON FOREIGN TRUSTS. year. ‘‘(ii) any taxable year prior to the taxable (a) IN GENERAL.—Section 6048 (relating to ERTAIN RESIDENTS.—If any long-term year referred to in clause (i). ‘‘(2) C returns as to certain foreign trusts) is resident of the United States ceases to be ‘‘(f) TERMINATION OF DEFERRALS, ETC.—On amended to read as follows: subject to tax as a resident of the United the date any property held by an individual States for any portion of any taxable year, is treated as sold under subsection (a)— ‘‘SEC. 6048. INFORMATION WITH RESPECT TO CERTAIN FOREIGN TRUSTS. all property held by such resident at the ‘‘(1) any period deferring recognition of in- ‘‘(a) NOTICE OF CERTAIN EVENTS.— time of such cessation shall be treated as come or gain shall terminate, and ‘‘(2) any extension of time for payment of ‘‘(1) GENERAL RULE.—On or before the 90th sold at such time for its fair market value day (or such later day as the Secretary may and any gain or loss shall be taken into ac- tax shall cease to apply and the unpaid por- prescribe) after any reportable event, the re- count for the taxable year which includes tion of such tax shall be due and payable. sponsible party shall— the date of such cessation. ‘‘(g) ELECTION BY EXPATRIATING RESI- ‘‘(A) notify each trustee of the trust of the ‘‘(b) EXCLUSION FOR CERTAIN GAIN.—The DENTS.—Solely for purposes of determining amount which would (but for this sub- gain under subsection (a)— requirements of subsection (b), and section) be includible in the gross income of ‘‘(1) IN GENERAL.—At the election of a resi- ‘‘(B) provide written notice of such event any taxpayer by reason of subsection (a) dent not a citizen of the United States, prop- to the Secretary in accordance with para- shall be reduced (but not below zero) by erty— graph (2). $600,000. ‘‘(A) which was held by such resident on ‘‘(2) CONTENTS OF NOTICE.—The notice re- ‘‘(c) PROPERTY TREATED AS HELD.—For pur- the date the individual first became a resi- quired by paragraph (1)(B) shall contain such poses of this section, except as otherwise dent of the United States during the period information as the Secretary may prescribe, provided by the Secretary, an individual of long-term residency to which the treat- including— shall be treated as holding— ment under subsection (a) relates, and ‘‘(A) the amount of money or other prop- ‘‘(1) all property which would be includible ‘‘(B) which is treated as sold under sub- erty (if any) transferred to the trust in con- in his gross estate under chapter 11 were section (a), nection with the reportable event, such individual to die at the time the prop- shall be treated as having a basis on such ‘‘(B) the identity of the trust and of each erty is treated as sold, date of not less than the fair market value of trustee and beneficiary (or class of bene- ‘‘(2) any other interest in a trust which the such property on such date. ficiaries) of the trust, and individual is treated as holding under the ‘‘(2) ELECTION.—Such an election shall ‘‘(C) a statement that each trustee of the rules of section 679(e) (determined by treat- apply to all property described in paragraph trust has been informed of the requirements ing such section as applying to foreign and (1), and, once made, shall be irrevocable. of subsection (b). domestic trusts), and ‘‘(h) DEFERRAL OF TAX ON CLOSELY HELD ‘‘(3) REPORTABLE EVENT.—For purposes of ‘‘(3) any other interest in property speci- BUSINESS INTERESTS.—The District Director this subsection, the term ‘reportable event’ fied by the Secretary as necessary or appro- may enter into an agreement with any indi- means— priate to carry out the purposes of this sec- vidual which permits such individual to ‘‘(A) the creation of any foreign trust by a tion. defer payment for not more than 5 years of United States person, ‘‘(d) EXCEPTIONS.—The following property any tax imposed by subsection (a) by reason ‘‘(B) the transfer of any money or property shall not be treated as sold for purposes of of holding any interest in a closely held busi- to a foreign trust by a United States person, this section: ness (as defined in section 6166(b)) other than including a transfer by reason of death,

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2856 CONGRESSIONAL RECORD — SENATE February 16, 1995 ‘‘(C) a domestic trust becoming a foreign ‘‘(2) the trust furnishes such information any failure which is shown to be due to rea- trust, as the Secretary may prescribe to each sonable cause and not due to willful neglect. ‘‘(D) the death of a citizen or resident of United States person— The fact that a foreign jurisdiction would the United States who is a grantor of a for- ‘‘(A) who is treated as the owner of any impose a civil or criminal penalty on the eign trust, and portion of such trust under the rules of sub- taxpayer (or any other person) for disclosing ‘‘(E) the residency starting date (within part E of part I of subchapter J of chapter 1, the requested documentation is not reason- the meaning of section 7701(b)(2)(A)) of a ‘‘(B) to whom any item with respect to the able cause. grantor of a foreign trust subject to tax taxable year is credited or allocated, or ‘‘(d) DEFICIENCY PROCEDURES NOT TO under section 679(a)(3). ‘‘(C) who receives a distribution from such APPLY.—Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, Subparagraphs (A) and (B) shall not apply trust with respect to the taxable year. gift, and certain excise taxes) shall not apply with respect to a trust described in section ‘‘(e) TIME AND MANNER OF FILING INFORMA- in respect of the assessment or collection of 404(a)(4) or 404A. TION.—Any notice, statement, or return re- any penalty imposed by this section.’’ ‘‘(4) RESPONSIBLE PARTY.—For purposes of quired under this section shall be made at (c) CLERICAL AMENDMENTS.— this subsection, the term ‘responsible party’ such time and in such manner as the Sec- (1) The table of sections for subpart B of means— retary shall prescribe. ‘‘(f) MODIFICATION OF RETURN REQUIRE- part III of subchapter A of chapter 61 is ‘‘(A) the grantor in the case of a reportable MENTS.—The Secretary is authorized to sus- amended by striking the item relating to event described in subparagraph (A) or (E) of pend or modify any requirement of this sec- section 6048 and inserting the following new paragraph (3), tion if the Secretary determines that the item: ‘‘(B) the transferor in the case of a report- United States has no significant tax interest able event described in paragraph (3)(B) ‘‘Sec. 6048. Information with respect to cer- in obtaining the required information.’’ tain foreign trusts.’’ other than a transfer by reason of death, (b) PENALTIES.—Section 6677 (relating to ‘‘(C) the trustee of the domestic trust in failure to file information returns with re- (2) The table of sections for part I of sub- the case of a reportable event described in spect to certain foreign trusts) is amended to chapter B of chapter 68 is amended by strik- paragraph (3)(C), and read as follows: ing the item relating to section 6677 and in- ‘‘(D) the executor of the decedent’s estate ‘‘SEC. 6677. FAILURE TO FILE INFORMATION serting the following new item: in the case of a transfer by reason of death. WITH RESPECT TO CERTAIN FOR- ‘‘(b) TRUST REPORTING REQUIREMENTS.—If a ‘‘Sec. 6677. Failure to file information with EIGN TRUSTS. respect to certain foreign foreign trust, at any time during a taxable ‘‘(a) FAILURE TO REPORT CERTAIN trusts.’’ year of such trust— EVENTS.— ‘‘(1) has a grantor who is a United States ‘‘(1) IN GENERAL.—In the case of a report- (d) EFFECTIVE DATES.— person and— able event described in any subparagraph of (1) IN GENERAL.—The amendments made by ‘‘(A) such grantor is treated as the owner section 6048(a)(3) for which a responsible this section shall apply— of any portion of such trust under the rules party does not file a written notice meeting (A) to reportable events occurring on or of subpart E of part I of subchapter J of the requirements of section 6048(a)(2) within after February 6, 1995, and chapter 1, or the time specified in section 6048(a)(1), the (B) to the extent such amendments require ‘‘(B) any portion of such trust would be in- responsible party shall pay a penalty of reporting for any taxable year under section cluded in the gross estate of such grantor if $10,000. If any failure described in the pre- 6048(b) of the Internal Revenue Code of 1986 the grantor were to die at such time, or ceding sentence continues for more than 90 (as added by this section), to taxable years ‘‘(2) directly or indirectly distributes, cred- days after the day on which the Secretary beginning after the date of the enactment of its, or allocates money or property to any mails notice of such failure to the respon- this Act. United States person (whether or not the sible party, such party shall pay a penalty (2) NOTICES.—For purposes of section trust has a grantor described in paragraph (in addition to the $10,000 amount) of $10,000 6048(a) of such Code, the 90th day referred to (1)), for each 30-day period (or fraction thereof) therein shall in no event be treated as being then such trust shall meet the requirements during which such failure continues after the earlier than the 90th day after the date of of subsection (c) (relating to trust informa- expiration of such 90-day period. the enactment of this Act. tion and agent) and subsection (d) (relating ‘‘(2) 35-PERCENT PENALTY.—In the case of a SEC. 203. MODIFICATION OF RULES RELATING TO to annual return). reportable event described in subparagraph FOREIGN TRUSTS HAVING ONE OR ‘‘(c) CONTENTS OF SECTION 6048 STATE- (A), (B), or (C) of section 6048(a)(3) (other MORE UNITED STATES BENE- MENT.— than a transfer by reason of death), the ag- FICIARIES. ‘‘(1) IN GENERAL.—The requirements of this gregate amount of the penalties under para- (a) IN GENERAL.—Section 679 (relating to subsection are met if the trust files with the graph (1) shall not be less than an amount foreign trusts having one or more United Secretary a statement which contains such equal to 35 percent of the gross value of the States beneficiaries) is amended to read as information as the Secretary may prescribe property involved in such event (determined follows: and which— as of the date of the event). ‘‘SEC. 679. FOREIGN TRUSTS HAVING ONE OR ‘‘(A) identifies a United States person who ‘‘(3) RESPONSIBLE PARTY.—For purposes of MORE UNITED STATES BENE- is the trust’s limited agent to provide the this subsection, the term ‘responsible party’ FICIARIES. ‘‘(a) TRANSFEROR TREATED AS OWNER.— Secretary with such information that rea- has the meaning given to such term by sec- sonably should be available to the trust for tion 6048(a)(4). ‘‘(1) IN GENERAL.—A United States person purposes of applying sections 7602, 7603, and ‘‘(b) FAILURE TO MAKE CERTAIN STATE- who directly or indirectly transfers property 7604 with respect to any request by the Sec- MENTS AND RETURNS.— to a foreign trust (other than a trust de- retary to examine trust records or produce ‘‘(1) IN GENERAL.—In the case of any failure scribed in section 404(a)(4) or section 404A) testimony related to any transaction by the to meet the requirements of section 6048(b), shall be treated as the owner for his taxable trust or with respect to any summons by the the appropriate tax treatment of any trust year of the portion of such trust attributable Secretary for such records or testimony, and transactions or operations shall be deter- to such property if for such year there is a ‘‘(B) contains an agreement to comply with mined by the Secretary in the Secretary’s United States beneficiary of such trust. the requirements of subsection (d). sole discretion from the Secretary’s own ‘‘(2) EXCEPTION.— ‘‘(2) SPECIAL RULE.—A foreign trust which knowledge or from such information as the ‘‘(A) IN GENERAL.—Paragraph (1) shall not appoints an agent described in paragraph Secretary may obtain through testimony or apply to any sale or exchange of property to (1)(A) shall not be considered to have an of- otherwise. a trust if— fice or a permanent establishment in the ‘‘(2) MONETARY PENALTY.—In the case of ‘‘(i) the trust pays fair market value for United States solely because of the activities any failure to meet the requirements of sec- such property, and of such agent pursuant to this section. For tion 6048(b) with respect to a trust described ‘‘(ii) all of the gain to the transferor is rec- purposes of this section, the appearance of in such section by reason of paragraph (1) ognized at the time of transfer. persons or production of records by reason of thereof, the grantor described in such para- ‘‘(B) CERTAIN OBLIGATIONS NOT TAKEN INTO the creation of the agency shall not subject graph (1) shall pay a penalty of $10,000 for ACCOUNT.—For purposes of subparagraph (A), such persons or records to legal process for each taxable year with respect to which the in determining whether the transferor re- any purpose other than determining the cor- foreign trust fails to meet such require- ceived fair market value, there shall not be rect treatment under this title of the activi- ments. If any failure described in the pre- taken into account— ties and operations of the trust. ceding sentence continues for more than 90 ‘‘(i) any obligation of— ‘‘(d) ANNUAL RETURNS AND STATEMENTS.— days after the day on which the Secretary ‘‘(I) the trust, The requirements of this subsection are met mails notice of such failure to such grantor, ‘‘(II) any grantor or beneficiary of the if— such grantor shall pay a penalty (in addition trust, or ‘‘(1) the trust makes a return for the tax- to any other penalty) of $10,000 for each 30- ‘‘(III) any person who is related (within the able year which sets forth a full and com- day period (or fraction thereof) during which meaning of section 643(i)(3)) to any grantor plete accounting of all trust activities and such failure continues after the expiration of or beneficiary of the trust, and operations for the taxable year, and contains such 90-day period. ‘‘(ii) except as provided in regulations, any such other information as the Secretary may ‘‘(c) REASONABLE CAUSE EXCEPTION.—No obligation which is guaranteed by a person prescribe; and penalty shall be imposed by this section on described in clause (i).

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‘‘(C) TREATMENT OF DEEMED SALE ELECTION ‘‘(A) in the case of a foreign corporation, SEC. 204. FOREIGN PERSONS NOT TO BE TREAT- UNDER SECTION 1057.—For purposes of subpara- more than 50 percent of the total combined ED AS OWNERS UNDER GRANTOR graph (A), a transfer with respect to which voting power of all classes of stock of such TRUST RULES. an election under section 1057 is made shall corporation entitled to vote is owned (within (a) IN GENERAL.—So much of section 672(f) not be treated as a sale or exchange. the meaning of section 958(a)) or is consid- (relating to special rule where grantor is for- ‘‘(3) SPECIAL RULES APPLICABLE TO FOREIGN ered to be owned (within the meaning of sec- eign person) as precedes paragraph (2) is GRANTOR WHO LATER BECOMES A UNITED tion 958(b)) by United States shareholders (as amended to read as follows: STATES PERSON.—A nonresident alien indi- defined in section 951(b)), ‘‘(f) SUBPART NOT TO RESULT IN FOREIGN vidual who becomes a United States resident ‘‘(B) in the case of a foreign partnership, a OWNERSHIP.— within 5 years after directly or indirectly United States person is a partner of such ‘‘(1) IN GENERAL.—Notwithstanding any transferring property to a foreign trust shall partnership, or other provision of this subpart, this subpart be treated for purposes of this section and ‘‘(C) in the case of a foreign trust or estate, shall apply only to the extent such applica- section 6048 as having transferred such prop- such trust or estate has a United States ben- tion results in an amount being included (di- erty, and any undistributed income (includ- eficiary (within the meaning of paragraph rectly or through 1 or more entities) in the ing all realized and unrealized gains) attrib- (1)). gross income of a citizen or resident of the utable thereto, to the foreign trust imme- ‘‘(e) DETERMINATION OF BENEFICIARIES’ IN- United States or a domestic corporation. The diately after becoming a United States resi- TERESTS IN TRUST.— preceding sentence shall not apply to any dent. For this purpose, a nonresident alien ‘‘(1) GENERAL RULE.—For purposes of this portion of an investment trust if such trust shall be treated as becoming a resident of section, a beneficiary’s interest in a foreign is treated as a trust for purposes of this title the United States on the residency starting trust shall be based upon all relevant facts and the grantor of such portion is the sole date (within the meaning of section and circumstances, including the terms of beneficiary of such portion.’’ 7701(b)(2)(A)). the trust instrument and any letter of wishes (b) CREDIT FOR CERTAIN TAXES.—Paragraph ‘‘(b) BENEFICIARIES TREATED AS TRANS- or similar document, historical patterns of (2) of section 665(d) is amended by adding at FERORS IN CERTAIN CASES.—For purposes of trust distributions, and the existence of and the end the following new sentence: ‘‘Under this section and section 6048, if— functions performed by a trust protector or rules or regulations prescribed by the Sec- ‘‘(1) a citizen or resident of the United any similar advisor. retary, in the case of any foreign trust of States who is treated as the owner of any ‘‘(2) SPECIAL RULE.—In the case of bene- which the settlor or another person would be portion of a trust under subsection (a) dies, ficiaries whose interests in a trust cannot be treated as owner of any portion of the trust ‘‘(2) property is transferred to a foreign determined under paragraph (1)— under subpart E but for section 672(f), the trust by reason of the death of a citizen or ‘‘(A) the beneficiary having the closest de- term ‘taxes imposed on the trust’ includes resident of the United States, or gree of kinship to the grantor shall be treat- the allocable amount of any income, war ‘‘(3) a domestic trust to which any United ed as holding the remaining interests in the profits, and excess profits taxes imposed by States person made a transfer becomes a for- trust not determined under paragraph (1) to any foreign country or possession of the eign trust, be held by any other beneficiary, and United States on the settlor or such other then, except as otherwise provided in regula- ‘‘(B) if 2 or more beneficiaries have the person in respect of trust income.’’ tions, the trust beneficiaries shall be treated same degree of kinship to the grantor, such (c) DISTRIBUTIONS BY CERTAIN FOREIGN as having transferred to such trust (as of the remaining interests shall be treated as held TRUSTS THROUGH NOMINEES.— date of the applicable event under paragraph equally by such beneficiaries. (1) Section 643 is amended by adding at the (1), (2), or (3)) their respective interests (as ‘‘(3) CONSTRUCTIVE OWNERSHIP.—If a bene- end the following new subsection: determined under subsection (e)) in the prop- ficiary of a foreign trust is a corporation, ‘‘(h) DISTRIBUTIONS BY CERTAIN FOREIGN erty involved. partnership, trust, or estate, the share- TRUSTS THROUGH NOMINEES.—For purposes of ‘‘(c) TRUSTS ACQUIRING UNITED STATES holders, partners, or beneficiaries shall be this part, any amount paid to a United BENEFICIARIES.—If— deemed to be the trust beneficiaries for pur- States person which is derived directly or in- ‘‘(1) subsection (a) applies to a trust for the poses of this section. directly from a foreign trust of which the transferor’s taxable year, and ‘‘(4) TAXPAYER RETURN POSITION.—A tax- payor is not the grantor shall be deemed in ‘‘(2) subsection (a) would have applied to payer shall clearly indicate on its income the year of payment to have been directly the trust for the transferor’s immediately tax return— paid by the foreign trust to such United preceding taxable year but for the fact that ‘‘(A) the methodology used to determine States person.’’ for such preceding taxable year there was no that taxpayer’s trust interest under this sec- (2) Section 665 is amended by striking sub- United States beneficiary for any portion of tion, and section (c). the trust, ‘‘(B) if the taxpayer knows (or has reason (d) EFFECTIVE DATE.—The amendments then, for purposes of this subtitle, the trans- to know) that any other beneficiary of such made by this section shall take effect on the feror shall be treated as having received as trust is using a different methodology to de- date of the enactment of this Act. an accumulation distribution taxable under termine such beneficiary’s trust interest (e) TRANSITIONAL RULE.—If— subpart D an amount equal to the undistrib- under this section. (1) by reason of the amendments made by uted net income (as determined under sec- ‘‘(f) REGULATIONS.—The Secretary shall this section, any person other than a United tion 665(a) as of the close of such imme- prescribe such regulations as may be nec- States person ceases to be treated as the diately preceding taxable year) attributable essary or appropriate to carry out the pur- owner of a portion of a domestic trust, and to the portion of the trust referred to in sub- poses of this section.’’ (2) before January 1, 1996, such trust be- section (a). (b) EFFECTIVE DATE.— comes a foreign trust, or the assets of such ‘‘(d) TRUSTS TREATED AS HAVING A UNITED (1) IN GENERAL.—Except as otherwise pro- trust are transferred to a foreign trust, STATES BENEFICIARY.— vided in this subsection, the amendments no tax shall be imposed by section 1491 of the ‘‘(1) IN GENERAL.—For purposes of this sec- made by this section shall apply to taxable Internal Revenue Code of 1986 by reason of tion, a trust shall be treated as having a years ending on or after February 6, 1995. such trust becoming a foreign trust or the United States beneficiary for the taxable (2) SECTION 679(a).—Paragraphs (2) and (3) of assets of such trust being transferred to a year unless— section 679(a) of the Internal Revenue Code foreign trust. ‘‘(A) under the terms of the trust, no part of 1986 (as added by this section) shall apply of the income or corpus of the trust may be SEC. 205. GRATUITOUS TRANSFERS BY PARTNER- to— SHIPS AND FOREIGN CORPORA- paid or accumulated during the taxable year (A) any trust created on or after February TIONS. to or for the benefit of a United States per- 6, 1995, and (a) IN GENERAL.—Subchapter C of chapter son, and (B) the portion of any trust created before 80 (relating to provisions affecting more than ‘‘(B) if the trust were terminated at any such date which is attributable to actual one subtitle) is amended by adding at the time during the taxable year, no part of the transfers of property to the trust on or after end the following new section: income or corpus of such trust could be paid such date. ‘‘SEC. 7874. PURPORTED GIFTS BY PARTNER- to or for the benefit of a United States per- (3) SECTION 679(b).— SHIPS AND FOREIGN CORPORA- son. (A) IN GENERAL.—Paragraphs (1) and (2) of TIONS. To the extent provided by the Secretary, for section 679(b) of such Code (as so added) shall ‘‘(a) IN GENERAL.—Any property (including purposes of this subsection, the term ‘United apply to— money) that is purportedly a direct or indi- States person’ includes any person who was a (i) any trust created on or after the date of rect gift by a partnership or a foreign cor- United States person at any time during the the enactment of this Act, and poration to a person who is not a partner of existence of the trust. (ii) the portion of any trust created before the partnership or a shareholder of the cor- ‘‘(2) ATTRIBUTION OF OWNERSHIP.—For pur- such date which is attributable to actual poration, respectively, may be rechar- poses of paragraph (1), an amount shall be transfers of property to the trust on or after acterized by the Secretary to prevent the treated as paid or accumulated to or for the such date. avoidance of tax. The Secretary may not re- benefit of a United States person if such (B) SECTION 679(b)(3).—Section 679(b)(3) of characterize gifts made for bona fide busi- amount is paid to or accumulated for a for- such Code (as so added) shall take effect on ness or charitable purposes. eign corporation, foreign partnership, or for- February 6, 1995, without regard to when the ‘‘(b) STATEMENTS ON RECIPIENT’S RETURN.— eign trust or estate, and— property was transferred to the trust. A taxpayer who receives a purported gift

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subject to subsection (a) shall attach a state- this Act in taxable years ending after such (c) ABUSIVE TRANSACTIONS.—Section 643(a) ment to his income tax return for the year of date. is amended by inserting after paragraph (6) the following new paragraph: receipt that identifies the property received SEC. 207. MODIFICATION OF RULES RELATING TO and describes fully the circumstances sur- FOREIGN TRUSTS WHICH ARE NOT ‘‘(7) ABUSIVE TRANSACTIONS.—The Sec- rounding the purported gift. GRANTOR TRUSTS. retary shall prescribe such regulations as ‘‘(c) EXEMPTION.—Subsection (a) shall not may be necessary or appropriate to carry out (a) MODIFICATION OF INTEREST CHARGE ON apply to purported gifts received by any per- the purposes of this part, including regula- ACCUMULATION DISTRIBUTIONS.—Subsection son during any taxable year if the amount tions to prevent avoidance of such pur- (a) of section 668 (relating to interest charge thereof is less than $2,500. poses.’’ on accumulation distributions from foreign ‘‘(d) REGULATIONS.—The Secretary may (d) TREATMENT OF USE OF TRUST PROP- trusts) is amended to read as follows: prescribe such rules as may be necessary or ERTY.—Section 643 (relating to definitions appropriate to carry out the purposes of this ‘‘(a) GENERAL RULE.—For purposes of the applicable to subparts A, B, C, and D) is section.’’ tax determined under section 667(a)— amended by adding at the end the following (b) CLERICAL AMENDMENT.—The table of ‘‘(1) SUM OF INTEREST CHARGES FOR EACH new subsection: sections for such subchapter C is amended by THROWBACK YEAR.—The interest charge (de- ‘‘(i) USE OF FOREIGN TRUST PROPERTY.— adding at the end the following new item: termined under paragraph (2)) with respect ‘‘(1) GENERAL RULE.—For purposes of sub- to any distribution is the sum of the interest parts B, C, and D, if, during a taxable year of ‘‘Sec. 7874. Purported gifts by partnerships charges for each of the throwback years to a foreign trust a trust participant of such and foreign corporations.’’ which such distribution is allocated under trust directly or indirectly uses any of the (c) EFFECTIVE DATE.—The amendments section 666(a). trust’s property, the use value for such tax- made by this section shall apply to amounts ‘‘(2) INTEREST CHARGE FOR YEAR.—Except as able year shall be treated as an amount paid received after the date of the enactment of provided in paragraph (6), the interest charge to such participant (other than from income this Act. for any throwback year on such year’s allo- for the taxable year) within the meaning of SEC. 206. INFORMATION REPORTING REGARDING cable share of the partial tax computed sections 661(a)(2) and section 662(a)(2). LARGE FOREIGN GIFTS. under section 667(b) with respect to any dis- ‘‘(2) EXEMPTION.—Paragraph (1) shall not (a) IN GENERAL.—Subpart A of part III of tribution shall be determined for the pe- apply to any trust participant as to whom subchapter A of chapter 61 is amended by in- riod— the aggregate use value during the taxable serting after section 6039E the following new ‘‘(A) beginning on the due date for the year does not exceed $2,500. section: throwback year, and ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For ‘‘SEC. 6039F. NOTICE OF LARGE GIFTS RECEIVED ‘‘(B) ending on the due date for the taxable purposes of this subsection— FROM FOREIGN PERSONS. year of the distribution, ‘‘(A) USE VALUE.—Except as provided in subparagraph (B), the term ‘use value’ means ‘‘(a) IN GENERAL.—If the value of the aggre- by using the rates and method applicable the fair market value of the use of property gate foreign gifts received by a United States under section 6621 for underpayments of tax reduced by any amount paid for such use by person (other than an organization described for such period. For purposes of the pre- the trust participant or by any person who is in section 501(c) and exempt from tax under ceding sentence, the term ‘due date’ means related to such participant. section 501(a)) during any taxable year ex- the date prescribed by law (determined with- ‘‘(B) SPECIAL RULE FOR CASH AND CASH ceeds $100,000, such United States person out regard to extensions) for filing the re- EQUIVALENT.—A direct or indirect loan of shall furnish (at such time and in such man- turn of the tax imposed by this chapter for cash, or cash equivalent, by a foreign trust ner as the Secretary shall prescribe) such in- the taxable year. shall be treated as a use of trust property by formation as the Secretary may prescribe re- ‘‘(3) ALLOCABLE PARTIAL TAX.—For pur- the borrower and the full amount of the loan garding each foreign gift received during poses of paragraph (2), a throwback year’s al- principal shall be the use value. such year. locable share of the partial tax is an amount ‘‘(C) USE BY RELATED PARTY.— ‘‘(b) FOREIGN GIFT.—For purposes of this equal to such partial tax multiplied by the ‘‘(i) Use by a person who is related to a section, the term ‘foreign gift’ means any fraction— trust participant shall be treated as use by amount received from a person other than a ‘‘(A) the numerator of which is the amount the participant. United States person which the recipient deemed by section 666(a) to be distributed on ‘‘(ii) If property is used by any person who treats as a gift or bequest. Such term shall the last day of such throwback year, and is a related person with respect to more than not include any qualified transfer (within ‘‘(B) the denominator of which is the accu- one trust participant, then the property the meaning of section 2503(e)(2)). mulation distribution taken into account shall be treated as used by the trust partici- ‘‘(c) PENALTY FOR FAILURE TO FILE INFOR- under section 666(a). pant most closely related, by blood or other- MATION.— ‘‘(4) THROWBACK YEAR.—For purposes of wise, to such person. ‘‘(1) IN GENERAL.—If a United States person this subsection, the term ‘throwback year’ ‘‘(D) PROPERTY INCLUDES CASH AND CASH fails to furnish the information required by means any taxable year to which a distribu- EQUIVALENTS.—The term ‘property’ includes subsection (a) with respect to any foreign tion is allocated under section 666(a). cash and cash equivalents. gift within the time prescribed therefor (in- ‘‘(5) PERIODS OF NONRESIDENCE.—The period ‘‘(E) TRUST PARTICIPANT.—The term ‘trust cluding extensions)— under paragraph (2) shall not include any participant’ means each grantor and bene- ‘‘(A) the tax consequences of the receipt of portion thereof during which the beneficiary ficiary of the trust. such gift shall be determined by the Sec- was not a citizen or resident of the United ‘‘(F) RELATED PERSON.—A person is related retary in the Secretary’s sole discretion States. from the Secretary’s own knowledge or from to a trust participant if the relationship be- ‘‘(6) THROWBACK YEARS BEFORE 1996.—In the such information as the Secretary may ob- tween such persons would result in a dis- case of any throwback year beginning before tain through testimony or otherwise, and allowance of losses under section 267(b) or 1996— ‘‘(B) such United States person shall pay 707(b). In applying section 267 for purposes of ‘‘(A) interest for the portion of the period (upon notice and demand by the Secretary the preceding sentence— described in paragraph (2) which occurs be- and in the same manner as tax) an amount ‘‘(i) section 267(e) shall be applied as if such fore the first taxable year beginning after equal to 5 percent of the amount of such for- person or the trust participant were a pass- 1995 shall be determined by using an interest eign gift for each month for which the fail- thru entity, rate of 6 percent and no compounding, and ure continues (not to exceed 25 percent of ‘‘(ii) section 267(b) shall be applied by sub- ‘‘(B) interest for the remaining portion of such amount in the aggregate). stituting ‘at least 10 percent’ for ‘more than such period shall be determined as if the par- ‘‘(2) REASONABLE CAUSE EXCEPTION.— Para- 50 percent’ each place it appears, and tial tax computed under section 667(b) for graph (1) shall not apply to any failure to re- ‘‘(iii) in determining the family of an indi- the throwback year were increased (as of the port a foreign gift if the United States per- vidual under section 267(c)(4), such section beginning of such first taxable year) by the son shows that the failure is due to reason- shall be treated as including the spouse (and amount of the interest determined under able cause and not due to willful neglect. former spouse) of such individual and of each subparagraph (A).’’ ‘‘(d) REGULATIONS.—The Secretary shall other person who is treated under such sec- prescribe such regulations as may be nec- (b) RULE WHEN INFORMATION NOT AVAIL- tion as being a member of the family of such essary to carry out the purposes of this sec- ABLE.—Subsection (d) of section 666 is individual or spouse. tion.’’. amended by adding at the end the following: ‘‘(G) SUBSEQUENT TRANSACTIONS REGARDING (b) CLERICAL AMENDMENT.—The table of ‘‘In the case of a distribution from a foreign LOAN PRINCIPAL.—If any loan described in sections for such subpart is amended by in- trust to which section 6048(b) applies, ade- subparagraph (B) is taken into account serting after the item relating to section quate records shall not be considered to be under paragraph (1), any subsequent trans- 6039E the following new item: available for purposes of the preceding sen- action between the trust and the original tence unless such trust meets the require- borrower regarding the principal of the loan ‘‘Sec. 6039F. Notice of large gifts received ments referred to in such section. If a tax- (by way of complete or partial repayment, from foreign persons.’’ payer is not able to demonstrate when a satisfaction, cancellation, discharge, or oth- (c) EFFECTIVE DATE.—The amendments trust was created, the Secretary may use erwise) shall be disregarded for purposes of made by this section shall apply to amounts any reasonable approximation based on this title.’’ received after the date of the enactment of available evidence.’’ (e) EFFECTIVE DATES.—

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2859

(1) IN GENERAL.—Except as provided in DEPARTMENT OF THE TREASURY, as TINs. Some taxpayers are unable to ob- paragraph (2), the amendments made by this Washington, DC, February 15, 1995. tain social security numbers. Under section section shall apply to taxable years begin- Hon. DANIEL PATRICK MOYNIHAN, 205(c) of the Social Security Act, social secu- ning after the date of the enactment of this Ranking Democratic Member, Committee on Fi- rity numbers are generally issued only to in- Act. nance, U.S. Senate, Washington, DC. dividuals who are citizens or who are author- (2) INTEREST CHARGE.—The amendment DEAR SENATOR MOYNIHAN: I am pleased to ized to work in the U.S. Undocumented made by subsection (a) shall apply to inter- transmit the enclosed Tax Compliance Act of workers may not be able to obtain social se- est for throwback years beginning before, on, 1995 for your immediate consideration. The curity numbers. or after the date of the enactment of this provisions contained in this bill, which were The IRS must follow deficiency procedures Act. described in the budget submitted by the when investigating questionable EITC President to Congress February 6, 1995, in- claims. First, contact letters are sent to the SEC. 208. RESIDENCE OF ESTATES AND TRUSTS. clude a number of compliance and related taxpayer. If the necessary information is not measures. Several proposals are aimed at (a) TREATMENT AS UNITED STATES PER- provided by the taxpayer, a statutory notice curbing offshore tax abuses. One proposal SON.—Paragraph (30) of section 7701(a) is of deficiency is sent by certified mail, noti- would close a tax loophole that allows amended by striking subparagraph (D) and fying the taxpayer that the adjustment will wealthy Americans to renounce their citi- be assessed unless the taxpayer files a peti- by inserting after subparagraph (C) the fol- zenship and avoid paying tax on appreciated tion in Tax Court within 90 days. If a peti- lowing: assets. Another would tighten tax rules gov- tion is not filed within that time and there ‘‘(D) any estate or trust if— erning foreign trusts set up by U.S. tax- is no other response to the statutory notice, ‘‘(i) a court within the United States is payers and foreigners. In addition, the the assessment is made and the EITC is de- able to exercise primary supervision over the earned income tax credit would be denied to nied. administration of the estate or trust, and undocumented workers and individuals ‘‘(ii) in the case of a trust, one or more whose interest and dividend income exceeds Reasons for change United States fiduciaries have the authority $2,500. Finally, the bill would authorize the The Administration believes that the EITC to control all substantial decisions of the designation of two additional urban em- should not be available to individuals who trust.’’ powerment zones. are not authorized to work in the United An identical bill has been sent to Rep- States. During the past year, the Adminis- (b) CONFORMING AMENDMENT.—Paragraph resentative Gibbons of the House Ways and tration and Congress have taken steps to im- (31) of section 7701(a) is amended to read as Means Committee, Senate Democratic Lead- prove the administration of the EITC. Fur- follows: er Daschle, and House Democratic Leader ther steps are desirable to ensure that only ‘‘(31) FOREIGN ESTATE OR TRUST.—The term Gephardt. I urge Congress to give the at- the intended beneficiaries receive the EITC. ‘foreign estate’ or ‘foreign trust’ means any tached bill prompt and favorable consider- Proposal estate or trust other than an estate or trust ation. described in section 7701(a)(30)(D).’’ The Office of Management and Budget ad- Only individuals who are authorized to work in the United States would be eligible (c) EFFECTIVE DATE.—The amendments vises that there is no objection to the pres- entation of this proposal to the Congress, for the EITC. Taxpayers claiming the EITC made by this section shall apply— and that its enactment would be in accord would be required to provide a valid social (1) to taxable years beginning after Decem- with the program of the President. security number for themselves, their ber 31, 1996, and Sincerely, spouses, and qualifying children. Social secu- (2) at the election of the trustee of a trust, ROBERT E. RUBIN, rity numbers would have to be valid for em- to taxable years beginning after the date of Secretary of the Treasury. ployment purposes in the United States. the enactment of this Act and on or before Thus, eligible individuals would include U.S. December 31, 1996. GENERAL EXPLANATION OF THE TAX citizens and lawful permanent residents. Such an election, once made, shall be irrev- COMPLIANCE ACT OF 1995 Taxpayers residing in the United States ille- ocable. EARNED INCOME TAX CREDIT COMPLIANCE gally would not be eligible for the credit. PROPOSALS In addition, the IRS would be authorized to TITLE III—ADDITIONAL EMPOWERMENT Current law use the math-error procedures, which are ZONES to be eligible for the Earned Income Tax simpler than deficiency procedures, to re- Credit (EITC), a taxpayer must reside in the solve questions about the validity of a social SEC. 301. ADDITIONAL EMPOWERMENT ZONES. United States for over six months. Non- security number. Under this approach, the (a) IN GENERAL.—Paragraph (2) of section resident aliens are not entitled to the EITC failure to provide a correct social security 1391(b) (relating to designations of empower- beginning in 1995. Other non-U.S. citizens are number would be treated as a math error. ment zones and enterprise communities) is eligible for the EITC if, among other things, Taxpayers would have 60 days in which they amended— they meet a six-month residency require- could either provide a correct social security (1) by striking ‘‘9’’ and inserting ‘‘11’’, ment and do not file an income tax return as number or request that the IRS follow the current-law deficiency procedures. If a tax- (2) by striking ‘‘6’’ and inserting ‘‘8’’, and a non-resident alien. payer failed to respond within this period, he (3) by striking ‘‘750,000’’ and inserting To claim the higher EITC amounts avail- or she would be required to refile with cor- ‘‘1,000,000’’. able to taxpayers with qualifying children, those taxpayers are required to provide tax- rect social security numbers in order to ob- (b) EFFECTIVE DATE.—The amendment payer identification numbers (TINs) for each tain the EITC. made by this section shall take effect on the qualifying child. Unless otherwise proscribed These provisions would be effective for tax date of the enactment of this Act. by regulation, social security numbers serve years beginning after December 31, 1995. REVENUE ESTIMATE [In billions of dollars] 1

Fiscal year— 1995 1996 1997 1998 1999 2000 Total

EITC compliance proposals ...... 0 0 0.4 0.5 0.5 0.5 1.9 1 Includes reduction in outlays.

INTEREST AND DIVIDEND TEST FOR EARNED two or more qualifying children will not be and must rely on earnings to meet their day- INCOME TAX CREDIT eligible for the EITC if his or her income ex- to-day living expenses, but taxpayers with ceeds $26,673. The income cut-offs decline to Current law high levels of interest and dividend income $24,396 for a taxpayer with one qualifying can draw upon the resources that produce To be eligible to receive the Earned In- child and $9,230 for a taxpayer with no quali- this income to meet family needs. come Tax Credit (EITC), an individual must fying children. have earned income. To target the EITC to Reason for change Proposal low-income workers, the amount of the cred- it to which a taxpayer is entitled decreases Under current law a taxpayer may have Beginning in 1996, a taxpayer would not be when the taxpayer’s earned income (or, if relatively low earned income, and therefore entitled to the EITC if his or her aggregate greater, adjusted gross income (AGI)) ex- may be eligible for the EITC, even though he interest and dividend income during a tax- ceeds certain thresholds. The earned income or she has significant interest and dividend able year exceeds $2,500. This threshold and AGI thresholds are indexed for inflation income. The EITC should be targeted to fam- would be indexed for inflation thereafter. and are also adjusted to take into account ilies with the greatest need. Most EITC re- qualifying children. In 1995, a taxpayer with cipients do not have significant resources

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2860 CONGRESSIONAL RECORD — SENATE February 16, 1995 REVENUE ESTIMATE [In billions of dollars] 1

Fiscal year— 1995 1996 1997 1998 1999 2000 Total

Interest and dividend test for earned income tax credit ...... 0 * 0.3 0.3 0.4 0.4 1.4 1 Includes reduction in outlays. * Revenue gain of less than $50 million.

TAX RESPONSIBILITIES OF AMERICANS WHO the time the taxpayer abandons citizenship erty interests (because they remain subject RENOUNCE CITIZENSHIP or residency. to U.S. taxing jurisdiction) and interests in Current law Proposal qualified retirement plans. An expatriating Under current law, worldwide gains real- Existing rules would be expanded to pro- individual also would be entitled to exclude ized by U.S. citizens and resident aliens are vide that if a U.S. person expatriates on or $600,000 of gain as determined under the pro- subject to U.S. tax. Existing rules recognize after February 6, 1995, the person would be posal. that the United States has a tax interest in treated as having sold his or her assets at The IRS may allow a taxpayer to defer preventing tax avoidance through renunci- fair market value immediately prior to expa- payment of the tax on expatriation with re- ation of citizenship. These rules continue to triation and gain or loss from such sale spect to interests in closely-held businesses. tax former U.S. citizens on U.S. source in- would be recognized and would be subject to In those cases, the taxpayer would be re- come for ten years following renunciation of U.S. income tax. A U.S. citizen would be con- quired to provide collateral satisfactory to citizenship if one of the principal purposes of sidered to expatriate if the citizens re- the IRS. Payment of tax could not be de- the renunciation was to avoid U.S. income nounces or abandons U.S. citizenship. A resi- ferred for more than five years, and an inter- tax. A similar rule applies to aliens who dent alien individual would be taxed under est charge would be imposed on the deferred cease to be residents. this proposal if the alien has been subject to tax. Reasons for change U.S. tax as a lawful permanent resident of Solely for purposes of determining gain or Wealthy U.S. citizens and long-term resi- the United States in at least ten of the prior loss subject to the tax on expatriation, a dents sometimes abandon their U.S. citizen- fifteen taxable years and then ceases to be resident alien individual would be permitted ship or status as residents. Existing rules to subject to U.S. tax as a resident. to elect to determine basis using the fair prevent tax avoidance through expatriation For this purpose, a taxpayer would be market value (instead of historical cost) of have proven largely ineffective because de- treated as owning those assets that would be assets owned on the date when U.S. residence parting taxpayers have found ways to re- included in the taxpayer’s gross estate (de- first began. If made, this election would structure their activities to avoid those termined as if the taxpayer’s estate had been apply to all of a taxpayer’s property. rules, and compliance with the rules is dif- created on the date of expatriation) as well ficult to monitor. Consequently, existing as, in certain cases, the taxpayer’s interest This proposal would replace existing in- measures need to be enhanced to ensure that in assets held in certain trusts (defined come tax rules with respect to expatriations gains generally accruing during the time a below in Section II of the foreign trust dis- on or after February 6, 1995. Existing rules taxpayer was a citizen or long-term perma- cussion). Exceptions to the tax on expatria- that apply to taxes other than income taxes nent resident will be subject to U.S. tax at tion would be made for most U.S. real prop- would continue to apply. REVENUE ESTIMATE [In billions of dollars]

Fiscal year— 1995 1996 1997 1998 1999 2000 Total

Tax responsibilities of Americans who renounce citizenship ...... 0.1 0.2 0.3 0.4 0.5 0.7 2.2

REVISE TAXATION OF INCOME FROM FOREIGN Proposal There would be two consequences if the TRUSTS Notice of Transfer: Section 6048 would re- trustee of the foreign trust did not file a Sec- U.S. tax rules applicable to foreign trusts quire U.S. persons transferring property to tion 6048 Statement or the required annual have not been revised for nearly two decades. foreign trusts to notify the IRS. This notice information return. First, the U.S. settlor of New rules are needed to accommodate would identify the trustee of the foreign a foreign trust would be subject to a $10,000 changes in the use and incidence of foreign trust, indicate the property transferred to penalty for each failure to file a Section 6048 trusts and to limit the avoidance and eva- the trust, and identify the trust bene- Statement or annual information return. sion of U.S. taxes. The Administration pro- ficiaries. This penalty would be increased for con- posals would reform the taxation of foreign If a transferor did not file the required no- tinuing noncompliance. Second, the IRS tice, a penalty would be imposed equal to 35 trusts in five respects. would be authorized to determine, in its dis- percent of the gross value of the property cretion, the tax consequences of any trust I. Information reporting and foreign trusts transferred, valued as of the date of transfer. Current law This penalty would not be less than $10,000, transactions or operations to a U.S. grantor and could be further increased for continuing or U.S. beneficiary. Thus, for example, the Under current law, most foreign trusts es- IRS could impose a gift tax on property tablished by U.S. persons are grantor trusts, noncompliance. transferred to the foreign trust. In appro- the income of which is taxed to the grantor. Trustee Statements: Section 6048 would re- priate circumstances, the IRS could also im- U.S. persons who create or transfer property quire trustees of any foreign trust with a pute taxable income to the U.S. settlor based to foreign trusts are required to report U.S. grantor or a U.S. beneficiary to file two transactions with the foreign trust to the types of statements: a ‘‘Section 6048 State- on the value of assets transferred to or held IRS. ment’’ and an annual information return. In in the foreign trust. A distribution to a U.S. the Section 6048 Statement, the trustee beneficiary could be deemed to come from Reasons for change would be required to: income accumulated in the year the trust The existing information reporting statute (1) appoint a U.S. agent (whether or not a was organized (or an alien beneficiary’s first predates the significant expansion of the for- trustee) who has the ability to provide any year of U.S. residence, if later). Although the eign grantor trust rules in 1976. In general, information that reasonably should be avail- trustee would have an incentive to file the penalties for noncompliance with reporting able to the trust in response to requests by trustee statements to avoid adverse U.S. tax requirements are minimal. U.S. grantors of the IRS; and consequences to U.S. grantors and U.S. bene- (2) agree to file an annual information re- foreign trusts often do not report the income ficiaries, there would be no penalties di- turn for the foreign trust. earned by foreign trusts and often do not rectly imposed on a trustee for the failure to comply with required information reporting. The annual information return would be re- file those statements. These foreign trusts are frequently estab- quired to include a full accounting of trust lished in tax haven jurisdictions with strin- activities, including separate schedules (K– The Secretary would be authorized to gent secrecy rules. Consequently, the IRS’s 1s) for income attributable to U.S. grantors waive any information reporting require- attempts to verify income earned by foreign or U.S. beneficiaries, as appropriate. The for- ments when there was no significant U.S. tax trusts are often unsuccessful. Existing pen- eign trust would not be considered to have interest in obtaining the information. Pen- alties have not proven adequate to encourage an office or permanent establishment in the alties would not be imposed if the taxpayer some U.S. taxpayers to comply with existing United States merely because of the section acted with reasonable cause and not willful rules. 6048 activities of its U.S. agent. neglect.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2861 These proposals generally would be effec- tion received by the transferor issued by the grantor trusts if (1 the grantor has a rever- tive for trust taxable years beginning after trust, the grantor, a beneficiary, or a person sionary interest in trust income or corpus, the date of enactment. related to the grantor or beneficiary or guar- (2) the grantor or a nonadverse party holds II. Outbound foreign grantor trusts anteed by any such person. Exceptions would certain powers over the beneficial enjoyment of trust income or corpus, (3) certain admin- Current law be provided for legitimate commercial trans- actions, such as credit extended by unrelated istrative powers are exercisable for the Under section 679, a foreign trust estab- persons. A transferor would not be treated as grantor’s benefit (e.g., the grantor can reac- lished by a U.S. person for the benefit of U.S. receiving fair market value for property quire trust assets by substituting assets of persons generally is a ‘‘grantor trust’’, and transferred in a deemed sale (pursuant to an equivalent value), (4) the grantor or a non- the grantor is treated as owner of property election under section 1057 or otherwise). adverse party has the power to revest trust transferred to the trust. There are, however, These proposals would be effective for assets assets in the grantor, or (5) trust income some transfers that are not covered by this transferred to foreign trusts on or after Feb- may be paid or accumulated for the benefit general rule. First, transfers by reason of ruary 6, 1995. of the grantor or the grantor’s spouse in the death are not subject to section 679. Second, Pre-immigration Trusts: If a foreign per- discretion of the grantor or a nonadverse sales of property to a foreign trust at fair son transfers property to a foreign trust and party. A person other than the grantor is market value are not subject to section 679. becomes a U.S. person within five years of treated as owning trust assets if that person Third, if a foreign person transfers property the transfer, the trust would be considered a has the power to withdraw trust income or to a foreign trust for the benefit of a U.S. grantor trust under section 679 with respect corpus. person and then becomes a resident of the to such transferred assets if the trust has The IRS has issued a revenue ruling in United States, section 679 does not apply to U.S. beneficiaries after the grantor becomes which a foreign person funded a foreign the transfer. Finally, current rules do not a U.S. person. This proposal would be effec- grantor trust for U.S. beneficiaries. The rul- clearly address the tax consequences for a tive for assets transferred to foreign trusts ing holds that since the foreign person is treated as the owner of the grantor trust, a domestic trust that becomes a foreign trust. on or after February 6, 1995. Reasons for change Outbound Trust Migrations: For purposes U.S. beneficiary is not taxable on trust dis- tributions. Tax planning to avoid or defer recognition of section 679, if a domestic trust becomes a Reasons for change of income from foreign trusts often utilizes foreign trust, the trust assets would be the exceptions to section 679. For example, a deemed to have been transferred to the trust Existing law inappropriately permits for- foreign trust may be established by will upon by the beneficiaries in accordance with their eign taxpayers to affirmatively use the do- the death of a U.S. person for the benefit of respective interests in the trust (defined mestic anti-abuse rules concerning grantor U.S. persons. Because the trust is not a below) in a transaction in which no gain or trusts. Although current law treats a foreign grantor trust, the income of the trust is not loss is recognized. Thus, any U.S. bene- grantor as the owner of the trust assets, the subject to U.S. tax until distributed to a U.S. ficiaries would be considered to be grantors foreign grantor generally is not subject to person, even though the trust was created by of their respective interests in the foreign U.S. tax on income of the trust. These rules a U.S. person for the benefit of a U.S. person. trust for purposes of section 679. However, if therefore permit U.S. beneficiaries, who U.S. persons also sometimes attempt to the IRS determines that the domestic trust enjoy the benefits of residing in the United avoid section 679 by selling property to a for- was established pursuant to a plan to re- States, to avoid U.S. tax on trust income. eign trust in exchange for a note from the transfer assets to a foreign trust, the IRS U.S. beneficiaries should be appropriately trust. Often, the U.S. transferor does not in- would be permitted to treat the U.S. settlor taxed in the United States. tend to collect on the note. In such a case, of the domestic trust as grantor of the for- Proposal the purported seller of the assets should be eign trust for purposes of section 679. The Under the proposal, a person would be treated as owning the assets transferred to proposal would be effective for assets trans- treated as owning trust assets under the the trust. (If there is no bona fide debt, these ferred to foreign trusts on or after February grantor trust rules only if that person is a transactions are subject to challenge under 6, 1995. U.S. citizen, U.S. resident, or domestic cor- current law, because the exchange would not Determination of Respective Interests: For poration. The IRS may prescribe rules for be at fair market value.) purposes of presenting abusive transactions applying the grantor trust rules to settlors Prior to becoming residents of the United designed to avoid section 679 and the tax on that are partnerships, trusts, and estates to States, foreign persons often put their assets expatriation, a beneficiary’s respective in- the extent that the beneficial interests in into irrevocable trusts in tax haven jurisdic- terest in a trust would be based on all rel- such entities are owned by U.S. citizens, U.S. tions for the benefit of U.S. persons. As a re- evant facts and circumstances, including the residents, or domestic corporations. A U.S. sult, the trust income escapes U.S. tax until terms of the trust instrument. Other rel- person receiving distributions of trust in- distribution. evant factors may include letters of wishes come as result of this provision would be al- Further, as tax haven jurisdictions enact or similar documents, patterns of historical lowed to claim a foreign tax credit for for- legislation to enable U.S. trusts to move to trust distributions, and the existence of and eign taxes paid on trust income by the trust those jurisdictions, trust migrations are be- functions performed by a trust protector or or the foreign grantor. coming more common. Taxpayers should not any similar advisor. If the respective inter- Several related provisions are proposed to be able to achieve tax results through migra- ests of beneficiaries in a discretionary trust enforce these rules. First, enhanced author- tion of a domestic trust that they could not cannot otherwise be determined, those bene- ity would be granted to the IRS to prevent achieve directly by creating a foreign trust. ficiaries with the closest degree of family af- the use of nominees to evade these rules. For Finally, the inadequacy of the existing at- filiation to the settlor could be presumed to this purpose, a bona fide settlor of a trust tribution rules as they apply to discre- have equal proportionate interests in the with power to withdraw income or corpus tionary beneficiaries encourages taxpayers trust. from the trust would normally not be consid- to avoid the appropriate tax consequences of The proposed would apply the attribution ered a nominee. Second, new rules would their transactions by disguising true eco- rules of discretionary beneficiaries only to harmonize the treatment of purported gifts nomic ownership of assets through the use of the abusive situations under section 679 de- by corporations and partnerships with the foreign discretionary trusts. scribed above and to the tax on expatriation new foreign grantor trust rules. Third, U.S. persons would be required to report the re- Proposal of U.S. citizens and residents, but would not directly apply the attribution rules for other ceipt of what they claim to be large gifts The Administration proposes several purposes (e.g., to determine if a discre- from foreign persons in order to allow the changes to section 679, described below. tionary beneficiary is a U.S. shareholder of a IRS to verify that such purported gifts are Transfers at Death: Property transferred controlled foreign corporation that is owned not, in fact, disguised income to the U.S. re- to a foreign trust at the death of a trust by the trust). The determination of respec- cipients. grantor (including property in a foreign tive interests for purposes of the tax on ex- If a trust that is a grantor trust under cur- grantor trust at the grantor’s death) would patriation by U.S. citizens and residents rent law becomes a nongrantor trust pursu- be treated as having been transferred to the would be effective for expatriations occur- ant to this rule, the trust would be treated trust by the beneficiaries in accordance with ring on or after February 6, 1995. as if it were resettled on the date the trust their respective interests in the trust (de- becomes a nongrantor trust. Neither the III. Inbound foreign grantor trusts scribed below) in a transaction in which no grantor nor the trust would recognize gain or gain or loss would be recognized. U.S. bene- Current law loss. If a resettled domestic trust that has a ficiaries therefore would become grantors for The United States disregards certain foreign grantor became a foreign trust before purposes of section 679. These proposals ‘‘grantor’’ trusts for income tax purposes. December 31, 1995, the section 1491 excise tax would be effective for assets transferred to This treatment is designed to prevent abuses on outbound transfers of assets would not be foreign trusts after the date of enactment. arising from attempts to shift income to applied to the transfer by the domestic trust Sales to Foreign Trusts: The sale of prop- beneficiaries who are likely to be paying to the new foreign trust. Otherwise, this pro- erty to a foreign trust by a U.S. person taxes at lower rates than the grantor of the posal would be effective on the date of enact- would be considered a transfer to a grantor trust. Consequently, under existing anti- ment of this provision. These rules would not trust under section 679 unless the trust pays abuse rules, the grantor of such a trust is apply to normal security arrangements in- the grantor full fair market value for the taxed as if he owned the trust assets di- volving a trustee (including the use of inden- property without regard to any debt obliga- rectly. Trusts generally are considered ture trustees and similar arrangements).

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2862 CONGRESSIONAL RECORD — SENATE February 16, 1995 IV. Foreign nongrantor trusts cumulated income into a distribution of cur- trusts. Because the tax treatment of an es- Current law rent income or corpus. The proposal would tate, trust, settlor, or beneficiary may de- authorize the IRS to recharacterize such pend on whether the estate or trust is for- Accumulation distributions: U.S. bene- transactions, effective for transactions or ar- eign or domestic, it is important to have an ficiaries of foreign trusts are subject to a rangements entered into after the date of en- nondeductible interest charge on distribu- objective definition of the residence of an es- actment. Transactions that may be entered tate or trust. Reducing the number of factors tions of accumulated income earned by the into to avoid the interest charge on accumu- trust in earlier taxable years. The charge is used in determining the residence of estates lation distributions (e.g., excessive ‘‘com- or trusts for tax purposes would increase the based on the length of time the tax was de- pensation’’ paid to trust beneficiaries who ferred by deferring distributions of accumu- flexibility of settlors and trust administra- are directors of corporations owned by the tors to decide where to locate and in what lated income. Under existing law, the inter- foreign trust) may be subject to recharacter- est charge is equal to six percent simple in- assets to invest. For example, if the location ization. of the administration of the trust were no terest per year multiplied by the tax im- The proposal also clarifies existing law by longer a relevant criterion, settlors of for- posed on the distribution. If adequate providing that if an alien beneficiary of a records are not available to determine the foreign trust becomes a U.S. resident and eign trusts would be able to choose whether portion of a distribution that is accumulated thereafter receives an accumulation dis- to administer the trusts in the United States income, the distribution is deemed to be an tribution, no interest would be charged for or abroad based on non-tax considerations. accumulation distribution from the year the periods of accumulation that predate U.S. Proposal trust was organized. residency. Constructive Distributions: The tax con- Constructive distributions: If a beneficiary An estate or trust would be considered a sequences of the use of trust assets by bene- uses assets of a foreign trust, the value of domestic estate or trust if two factors were ficiaries is ambiguous under current law. that use would be a constructive distribution present: (1) a court within the United States Taxpayers may assert that a beneficiary’s to the beneficiary. Thus, if a foreign trust is able to exercise primary supervision over use of assets owned by a trust does not con- made a residence available for use by a bene- the administration of the estate or trust; stitute a distribution to the beneficiary. ficiary (or a related person), the difference and (2) a U.S. fiduciary (alone or in concert between the fair rental value of the residence Reasons for change with other U.S. fiduciaries) has the author- and any rent actually paid would be treated Accumulation distributions: Interest paid ity to control all major decisions of the es- as a constructive distribution to that bene- tate or trust. A foreign estate or trust would by U.S. beneficiaries of foreign trusts should ficiary. If a foreign trust purported to loan be any estate or trust that is not domestic. reflect market rates of interest. cash (or cash equivalents) to a U.S. bene- Constructive distributions: If a corporation ficiary, the loan would be treated as a con- The first factor would be fulfilled only if a makes corporate assets available for a share- structive distribution by the foreign trust to U.S. court had authority over the entire es- holder’s personal use (e.g., a corporate apart- the U.S. beneficiary. These provisions would tate or trust, and not if it merely had juris- ment made available rent-free to a share- not apply if constructive distributions did diction over certain assets or a particular holder), the fair market value of the use of not exceed $2,500 during a taxable year. The beneficiary. Normally, the first factor would that property is treated as a constructive provisions would be effective for taxable be satisfied if the trust instrument is gov- distribution. Further, if a controlled foreign years of a trust that begin after the date of erned by the laws of a U.S. state. One way to corporation makes a loan to a U.S. person, enactment. satisfy this factor is to register the estate or the loan is treated as a deemed distribution V. Residence of trusts trust in a state pursuant to a state law by the foreign corporation to its U.S. share- Current law which is substantially similar to Article VII holders. The use of foreign trust assets by Under current law, a ‘‘foreign estate or of the Uniform Probate Code as published by trust beneficiaries should give rise to tax trust’’ is an estate or trust the ‘‘income of the American Law Institute. The second fac- consequences that are similar to those asso- which, from sources without the United tor would normally be satisfied if a majority ciated with the use of corporate share- States which is not effectively connected of the fiduciaries are U.S. persons and a for- holders. with the conduct of a trade or business with- eign fiduciary (including a ‘‘protector’’ or Proposal in the United States, is not includable in similar trust advisor) may not veto impor- Accumulation distributions: For periods of gross income under subtitle A’’ of the Inter- tant decisions of the U.S. fiduciaries. In ap- accumulation after December 31, 1995, the nal Revenue Code. This definition does not plying this factor, the IRS would allow an rate of interest charged on accumulation dis- provide criteria for determining when an es- estate or trust a reasonable period of time to tributions would correspond to the interest tate or trust is foreign. adjust for inadvertent changes in fiduciaries rate taxpayers pay on underpayment of tax. Court cases and rulings indicate that the (e.g., a U.S. trustee dies or abruptly resigns If a trust does not provide information re- residence of an estate or trust depends on where a trust has two U.S. fiduciaries and quired under section 6048, the distribution various factors, such as the location of the one foreign fiduciary). would be deemed to be from income accumu- assets, the country under whose laws the es- The new rules defining domestic estates lated in the year the trust was organized (or tate or trust is created, the residence of the and trusts would be effective for taxable an alien beneficiary’s first year of U.S. resi- fiduciary, the nationality of the decedent or years of an estate or trust that begin after dence, if later). If a taxpayer is not able to settlor, the nationality of the beneficiaries, December 31, 1996. The delayed effective date demonstrate when the trust was created, the and the location of the administration of the is intended to allow estates and trusts a pe- IRS may use any approximation based on trust or estate. See e.g., B.W. Jones Trust v. riod of time to modify their governing in- available evidence. Comm’r, 46 B.T.A. 531 (1942), aff’d, 132 F.2d 914 struments or to change fiduciaries. More- Taxpayers have used a variety of methods (4th Cir. 1943). over, taxpayers would be allowed to elect to (e.g., tiered trusts, divisions of trusts, merg- Reasons for change apply these rules to taxable years of an es- ers of trusts, and similar transactions with Present rules provide insufficient guidance tate or trust beginning after the date of en- corporations) to convert a distribution of ac- for determining the residence of estates and actment. REVENUE ESTIMATE [In billions of dollars]

Fiscal year— 1995 1996 1997 1998 1999 2000 Total

Revise taxation of income from foreign trusts (sections I–V) ...... 0.1 0.3 0.5 0.5 0.5 0.6 2.4

INCREASE IN NUMBER OF EMPOWERMENT ZONES deadline, over 500 communities had sub- nesses located in enterprise communities are Current law mitted applications. eligible for the new category of tax-exempt The Omnibus Budget Reconciliation Act of On December 21, 1994, the Secretaries of bonds. OBRA ’93 also provided that federal 1993 (OBRA ’93) authorized a federal dem- the Department of Housing and Urban Devel- grants would be made to designated areas. opment and the Department of Agriculture onstration project in which nine empower- Reasons for change ment zones and 95 enterprise communities designated the empowerment zones and en- would be designated in a competitive appli- terprise communities authorized by Congress Because of the vast number of distressed cation process. Of the nine empowerment in OBRA ’93. urban areas and the need to revitalize these zones, six were to be located in urban areas Among other benefits, businesses located areas, the Administration believes that the and three were to be located in rural areas. in empowerment zones are eligible for three number of authorized empowerment zones State and local governments jointly nomi- federal tax incentives: an employment and should be expanded, subject to budgetary nated distressed areas and proposed strategic training credit; an additional $20,000 per year constraints. Extending the tax incentives to plans to stimulate economic and social revi- of section 179 expensing; and a new category economically distressed areas will help stim- talization. By the June 30, 1994 application of tax-exempt private activity bonds. Busi- ulate revitalization of these areas.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2863 Proposal zones and would be effective on the date of proposal would be to extend the empower- The proposal would authorize the designa- enactment. No additional federal grants ment zone tax incentives to two additional tion of two additional urban empowerment would be authorized. The sole effect of the areas. REVENUE ESTIMATE [In billions of dollars]

Fiscal Year— 1995 1996 1997 1998 1999 2000 Total

Increase in number of empowernment zones ...... ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.1 ¥0.7

By Mr. MCCONNELL (for himself, the market. Medical device manufac- Sec. 112. Requirement of certificate of Mr. LIEBERMAN, and Mrs. turers are finding it more difficult to merit. KASSEBAUM): get raw materials to produce life sav- Subtitle B—Biomaterials Access Assurance S. 454. A bill to reform the health ing devices because of the risk of law- Sec. 121. Short title. care liability system and improve suits. Sec. 122. Findings. health care quality through the estab- Sec. 123. Definitions. Fourth, doctors are less likely to ex- Sec. 124. General requirements; applica- lishment of quality assurance pro- plore risky treatment because of the bility; preemption. grams, and for other purposes; to the proliferation of lawsuits. A doctor has Sec. 125. Liability of biomaterials suppliers. Committee on Labor and Human Re- a better than 1 in 3 chance of being Sec. 126. Procedures for dismissal of civil ac- sources. sued during his practice years. And the tions against biomaterials sup- THE HEALTH CARE LIABILITY REFORM AND likelihood of suit has nothing to do pliers. QUALITY ASSURANCE ACT OF 1995 with whether the doctor was negligent. Subtitle C—Applicability ∑ Mr. MCCONNELL. Mr. President, I GAO reports that almost 60 percent of Sec. 131. Applicability. am pleased to introduce the Health all suits are dismissed without a ver- TITLE II—PROTECTION OF THE HEALTH Care Liability Reform and Quality As- dict or even a settlement. AND SAFETY OF PATIENTS surance Act of 1995. Last year, Con- So, something is very wrong with our Sec. 201. Health care quality assurance pro- gress spent many days and weeks con- liability system and our bill will help gram. sidering a dramatic overhaul of the fin- solve the problem. It contains many of Sec. 202. Risk management programs. est health care system in the world. Sec. 203. National practitioner data bank. the provisions that were considered, on TITLE III—SEVERABILITY But the vast majority of Americans a bipartisan basis, in the Finance Com- Sec. 301. Severability. concluded we didn’t need to reinvent mittee last year, during the health our medical system. So, Congress, with TITLE I—HEALTH CARE LIABILITY care debate. I have included a summary REFORM good reason, laid aside health care and of the bill’s provisions and I ask that Subtitle A—Liability Reform vowed to come back this year and the full text of the bill be printed in SEC. 101. FINDINGS AND PURPOSE. make some needed incremental the RECORD. changes to the health care system. (a) FINDINGS.—Congress finds the fol- Mr. President, I am hopeful that lowing: Health care liability is one issue on health care liability will get full con- which there was bipartisan consensus (1) EFFECT ON HEALTH CARE ACCESS AND sideration and action in this Congress. COSTS.—That the civil justice system of the about the need to make some signifi- There will be at least two opportuni- United States is a costly and inefficient cant change. This bill which I am in- ties—when we consider some targeted mechanism for resolving claims of health troducing today with the co-sponsor- health care reform and when we con- care liability and compensating injured pa- ship and assistance of Senators sider legal reform. It is very important tients and that the problems associated with LIEBERMAN and KASSEBAUM represents that we tackle this issue and I look for- the current system are having an adverse impact on the availability of, and access to, this bipartisan effort. ward to prompt action. The purpose of our bill is to promote health care services and the cost of health Mr. President, I ask unanimous con- care in this country. patient safety, compensate those who sent that the text of the bill and addi- suffer injuries fully and fairly, without (2) EFFECT ON INTERSTATE COMMERCE.— tional material be printed in the That the health care and insurance indus- enriching lawyers and bureaucrats, RECORD. tries are industries affecting interstate com- make health care more accessible, gain There being no objection, the bill was merce and the health care liability litigation some cost containment in health care, ordered to be printed in the RECORD, as systems existing throughout the United strengthen the doctor-patient relation- follows: States affect interstate commerce by con- tributing to the high cost of health care and ship and encourage medical innova- S. 454 tion. Our present system, unfortu- premiums for health care liability insurance Be it enacted by the Senate and House of Rep- nately, does none of the above. purchased by participants in the health care resentatives of the United States of America in system. First of all, patients don’t get com- Congress assembled, pensated. The Rand Corp. has reported (3) EFFECT ON FEDERAL SPENDING.—That SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the health care liability litigation systems that only 43 cents of every dollar spent (a) SHORT TITLE.—This Act may be cited as existing throughout the United States have in the liability system goes to the in- the ‘‘Health Care Liability Reform and Qual- a significant effect on the amount, distribu- jured party. That means lawyers, ex- ity Assurance Act of 1995’’. tion, and use of Federal funds because of— perts, and court fees eat up 57 percent (b) TABLE OF CONTENTS.—The table of con- (A) the large number of individuals who re- of all dollars spent in the liability sys- tents is as follows: ceive health care benefits under programs tem. Sec. 1. Short title; table of contents. operated or financed by the Federal Govern- Second, the prohibitive cost of liabil- TITLE I—HEALTH CARE LIABILITY ment; ity insurance means some doctors REFORM (B) the large number of individuals who won’t provide care to those in our soci- Subtitle A—Liability Reform benefit because of the exclusion from Fed- eral taxes of the amounts spent to provide Sec. 101. Findings and purpose. ety who need it most. Half a million them with health insurance benefits; and rural women can’t get an obstetrician Sec. 102. Definitions. Sec. 103. Applicability. (C) the large number of health care pro- to deliver their babies. Because of high Sec. 104. Statute of limitations. viders who provide items or services for malpractice premiums, African-Amer- Sec. 105. Reform of punitive damages. which the Federal Government makes pay- ican doctors are avoiding the practice Sec. 106. Periodic payments. ments. of medicine in high-risk areas—gen- Sec. 107. Scope of liability. (b) PURPOSE.—It is the purpose of this Act erally urban areas, making it more dif- Sec. 108. Mandatory offsets for damages paid to implement reasonable, comprehensive, and effective health care liability reform ficult for minority communities to get by a collateral source. Sec. 109. Treatment of attorneys’ fees and that is designed to— necessary care. other costs. (1) ensure that individuals with meri- Third, companies that invent new Sec. 110. Obstetric cases. torious health care injury claims receive fair products are discouraged under the Sec. 111. State-based alternative dispute res- and adequate compensation, including rea- current system from putting them on olution mechanisms. sonable non-economic damages;

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2864 CONGRESSIONAL RECORD — SENATE February 16, 1995 (2) improve the availability of health care losses incurred by an individual with respect damages may only be made, if otherwise per- service in cases in which health care liabil- to which a health care liability action is mitted by applicable law, if it is proven by ity actions have been shown to be a factor in brought. clear and convincing evidence that the de- the decreased availability of services; and (9) PUNITIVE DAMAGES.—The term ‘‘puni- fendant— (3) improve the fairness and cost-effective- tive damages’’ means damages awarded, for (1) intended to injure the claimant for a ness of our current health care liability sys- the purpose of punishment or deterrence, and reason unrelated to the provision of health tem to resolve disputes over, and provide not for compensatory purposes, against a care services; compensation for, health care liability by re- health care provider, health care organiza- (2) understood the claimant was substan- ducing uncertainty and unpredictability in tion, or other defendant in a health care li- tially certain to suffer unnecessary injury, the amount of compensation provided to in- ability action. Punitive damages are neither and in providing or failing to provide health jured individuals. economic nor noneconomic damages. care services, the defendant deliberately SEC. 102. DEFINITIONS. (10) SECRETARY.—The term ‘‘Secretary’’ failed to avoid such injury; or As used in this subtitle: means the Secretary of Health and Human (3) acted with a conscious disregard of a (1) CLAIMANT.—The term ‘‘claimant’’ Services. substantial and unjustifiable risk of unneces- means any person who commences a health SEC. 103. APPLICABILITY. sary injury which the defendant failed to care liability action, and any person on (a) IN GENERAL.—Except as provided in avoid in a manner which constitutes a gross whose behalf such an action is commenced, subsection (c), this subtitle shall apply with deviation from the normal standard of con- including the decedent in the case of an ac- respect to any health care liability action duct in such circumstances. tion brought through or on behalf of an es- brought in any Federal or State court, ex- (b) PUNITIVE DAMAGES NOT PERMITTED.— tate. cept that this section shall not apply to an Notwithstanding the provisions of subsection (2) CLEAR AND CONVINCING EVIDENCE.—The action for damages arising from a vaccine- (a), punitive damages may not be awarded term ‘‘clear and convincing evidence’’ is that related injury or death to the extent that against a defendant with respect to any measure or degree of proof that will produce title XXI of the Public Health Service Act health care liability action if no judgment in the mind of the trier of fact a firm belief applies to the action. for compensatory damages, including nomi- or conviction as to the truth of the allega- (b) PREEMPTION.—The provisions of this nal damages (under $500), is rendered against tions sought to be established, except that subtitle shall preempt any State law to the the defendant. such measure or degree of proof is more than extent such law is inconsistent with the lim- (c) REQUIREMENTS FOR PLEADING OF PUNI- that required under preponderance of the itations contained in such provisions. The TIVE DAMAGES.— evidence, but less than that required for provisions of this subtitle shall not preempt (1) IN GENERAL.—No demand for punitive proof beyond a reasonable doubt. any State law that— damages shall be included in a health care li- (3) HEALTH CARE LIABILITY ACTION.—The (1) provides for defenses in addition to ability action as initially filed. term ‘‘health care liability action’’ means a those contained in this subtitle, places (2) AMENDED PLEADING.—A court may allow civil action in a State or Federal court— greater limitations on the amount of attor- a claimant to file an amended complaint or (A) against a health care provider, health neys’ fees that can be collected, or otherwise pleading for punitive damages in a health care professional, or other defendant joined imposes greater restrictions on non-eco- care liability action if— in the action (regardless of the theory of li- nomic or punitive damages than those pro- (A) the claimant submits a motion to ability on which the action is based) in vided in this subtitle; amend the complaint or pleading within the which the claimant alleges injury related to (2) permits State officials to commence earlier of— the provision of, or the failure to provide, health care liability actions as a representa- (i) 2 years after the complaint or initial health care services; or tive of an individual; or pleading is filed, or (B) against a health care payor, a health (3) permits provider-based dispute resolu- (ii) 9 months before the date the matter is maintenance organization, insurance com- tion. first set for trial; and pany, or any other individual, organization, (c) EFFECT ON SOVEREIGN IMMUNITY AND (B) after a finding by a court upon review or entity that provides payment for health CHOICE OF LAW OR VENUE.—Nothing in this of supporting and opposing affidavits or after care benefits in which the claimant alleges subtitle shall be construed to— a hearing, that after weighing the evidence that injury was caused by the payment for, (1) waive or affect any defense of sovereign the claimant has established by a substan- or the failure to make payment for, health immunity asserted by any State under any tial probability that the claimant will pre- care benefits, except to the extent such ac- provision of law; vail on the claim for punitive damages. tions are subject to the Employee Retire- (2) waive or affect any defense of sovereign (d) SEPARATE PROCEEDING.— ment Income Security Act of 1974. immunity asserted by the United States; (1) IN GENERAL.—At the request of any de- (4) HEALTH CARE PROFESSIONAL.—The term (3) affect the applicability of any provision fendant in a health care liability action, the ‘‘health care professional’’ means any indi- of the Foreign Sovereign Immunities Act of trier of fact shall consider in a separate pro- vidual who provides health care services in a 1976; ceeding— State and who is required by Federal or (4) preempt State choice-of-law rules with (A) whether punitive damages are to be State laws or regulations to be licensed, reg- respect to actions brought by a foreign na- awarded and the amount of such award, or istered or certified to provide such services tion or a citizen of a foreign nation; or (B) the amount of punitive damages fol- or who is certified to provide health care (5) affect the right of any court to transfer lowing a determination of punitive liability. services pursuant to a program of education, venue or to apply the law of a foreign nation (2) ONLY RELEVANT EVIDENCE ADMISSIBLE.— training and examination by an accredited or to dismiss an action of a foreign nation or If a defendant requests a separate proceeding institution, professional board, or profes- of a citizen of a foreign nation on the ground under paragraph (1), evidence relevant only sional organization. of inconvenient forum. to the claim of punitive damages in a health (5) HEALTH CARE PROVIDER.—The term (d) FEDERAL COURT JURISDICTION NOT ES- care liability action, as determined by appli- ‘‘health care provider’’ means any organiza- TABLISHED ON FEDERAL QUESTION GROUNDS.— cable State law, shall be inadmissible in any tion or institution that is engaged in the de- Nothing in this subtitle shall be construed to proceeding to determine whether compen- livery of health care items or services in a establish any jurisdiction in the district satory damages are to be awarded. State and that is required by Federal or courts of the United States over health care (e) DETERMINING AMOUNT OF PUNITIVE DAM- State laws or regulations to be licensed, reg- liability actions on the basis of sections 1331 AGES.—In determining the amount of puni- istered or certified to engage in the delivery or 1337 of title 28, United States Code. tive damages in a health care liability ac- of such items or services. SEC. 104. STATUTE OF LIMITATIONS. tion, the trier of fact shall consider only the (6) HEALTH CARE SERVICES.—The term A health care liability action that is sub- following: ‘‘health care services’’ means any services ject to this Act may not be initiated unless (1) The severity of the harm caused by the provided by a health care professional or a complaint with respect to such action is conduct of the defendant. health care provider, or any individual work- filed within the 2-year period beginning on (2) The duration of the conduct or any con- ing under the supervision of a health care the date on which the claimant discovered cealment of it by the defendant. professional, that relate to the diagnosis, or, in the exercise of reasonable care, should (3) The profitability of the conduct of the prevention, or treatment of any disease or have discovered the harm and its cause, ex- defendant. impairment, or the assessment of the health cept that such an action relating to a claim- (4) The number of products sold or medical of human beings. ant under legal disability may be filed with- procedures rendered for compensation, as the (7) INJURY.—The term ‘‘injury’’ means any in 2 years after the date on which the dis- case may be, by the defendant of the kind illness, disease, or other harm that is the ability ceases. If the commencement of a causing the harm complained of by the subject of a health care liability action. health care liability action is stayed or en- claimant. (8) NONECONOMIC LOSSES.—The term ‘‘non- joined, the running of the statute of limita- (5) Awards of punitive or exemplary dam- economic losses’’ means losses for physical tions under this section shall be suspended ages to persons similarly situated to the and emotional pain, suffering, inconven- for the period of the stay or injunction. claimant, when offered by the defendant. ience, physical impairment, mental anguish, SEC. 105. REFORM OF PUNITIVE DAMAGES. (6) Prospective awards of compensatory disfigurement, loss of enjoyment of life, loss (a) LIMITATION.—With respect to a health damages to persons similarly situated to the of consortium, and other nonpecuniary care liability action, an award for punitive claimant.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2865 (7) Any criminal penalties imposed on the (1) no evidence shall be admitted as to the health care liability claims arising from the defendant as a result of the conduct com- amount of any charge, payments, or damage provision of (or failure to provide) health plained of by the claimant, when offered by for which a claimant— care services to individuals enrolled in a the defendant. (A) has received payment from a collateral health plans; and (8) The amount of any civil fines assessed source or the obligation for which has been (2) clearly disclose to enrollees in health against the defendant as a result of the con- assured by a third party; or plans (and potential enrollees) the avail- duct complained of by the claimant, when of- (B) is, or with reasonable certainty, will be ability and procedures for consumer griev- fered by the defendant. eligible to receive payment from a collateral ances, including a description of the alter- (f) LIMITATION AMOUNT.—The amount of source of the obligation which will, with rea- native dispute resolution method or methods damages that may be awarded as punitive sonable certainty be assumed by a third adopted under this subsection. damages in any health care liability action party; and (c) SPECIFICATION OF PERMISSIBLE ALTER- shall not exceed 3 times the amount awarded (2) the jury, if any, shall be advised that— NATIVE DISPUTE RESOLUTION METHODS.— to the claimant for the economic injury on (A) except for damages as to which the (1) IN GENERAL.—The Attorney General, in which such claim is based, or $250,000, which- court permits the introduction of evidence, consultation with the Secretary and the Ad- ever is greater. This subsection shall be ap- the claimant’s medical expenses and lost in- ministrative Conference of the United plied by the court and shall not be disclosed come have been or will be paid by a collat- States, shall, by regulation, develop alter- to the jury. eral source or third party; and native dispute resolution methods for the (g) RESTRICTIONS PERMITTED.—Nothing in (B) the claimant shall receive no award for use by States in resolving health care liabil- this section shall be construed to imply a any damages that have been or will be paid ity claims under subsection (a). Such meth- right to seek punitive damages where none by a collateral source or third party. ods shall include at least the following: (A) ARBITRATION.—The use of arbitration, a exists under Federal or State law. SEC. 109. TREATMENT OF ATTORNEYS’ FEES AND nonjury adversarial dispute resolution proc- SEC. 106. PERIODIC PAYMENTS. OTHER COSTS. ess which may, subject to subsection (d), re- With respect to a health care liability ac- (a) LIMITATION ON AMOUNT OF CONTINGENCY sult in a final decision as to facts, law, liabil- tion, no person may be required to pay more FEES.— ity or damages. The parties may elect bind- than $100,000 for future damages in a single (1) IN GENERAL.—An attorney who rep- ing arbitration. payment of a damages award, but a person resents, on a contingency fee basis, a claim- (B) MEDIATION.—The use of mediation, a shall be permitted to make such payments of ant in a health care liability action may not settlement process coordinated by a neutral the award on a periodic basis. The periods for charge, demand, receive, or collect for serv- third party without the ultimate rendering ices rendered in connection with such action such payments shall be determined by the of a formal opinion as to factual or legal in excess of the following amount recovered adjudicating body, based upon projections of findings. future losses and shall be reduced to present by judgment or settlement under such ac- (C) EARLY NEUTRAL EVALUATION.—The use tion: value. The adjudicating body may waive the of early neutral evaluation, in which the par- 1⁄3 percent of the first $150,000 (or por- requirements of this section if such body de- (A) 33 ties make a presentation to a neutral attor- termines that such a waiver is in the inter- tion thereof) recovered, based on after-tax ney or other neutral evaluator for an assess- ests of justice. recovery, plus ment of the merits, to encourage settlement. SEC. 107. SCOPE OF LIABILITY. (B) 25 percent of any amount in excess of If the parties do not settle as a result of as- (a) IN GENERAL.—With respect to punitive $150,000 recovered, based on after-tax recov- sessment and proceed to trial, the neutral and noneconomic damages, the liability of ery. evaluator’s opinion shall be kept confiden- each defendant in a health care liability ac- (2) CALCULATION OF PERIODIC PAYMENTS.—In tial. the event that a judgment or settlement in- tion shall be several only and may not be (D) EARLY OFFER AND RECOVERY MECHA- cludes periodic or future payments of dam- joint. Such a defendant shall be liable only NISM.— ages, the amount recovered for purposes of for the amount of punitive or noneconomic (i) IN GENERAL.—The use of early offer and damages allocated to the defendant in direct computing the limitation on the contingency recovery mechanisms under which a health proportion to such defendant’s percentage of fee under paragraph (1) shall be based on the care provider, health care organization, or fault or responsibility for the injury suffered cost of the annuity or trust established to any other alleged responsible defendant may by the claimant. make the payments. In any case in which an offer to compensate a claimant for his or her (b) DETERMINATION OF PERCENTAGE OF LI- annuity or trust is not established to make reasonable economic damages, including fu- ABILITY.—The trier of fact in a health care li- such payments, such amount shall be based ture economic damages, less amounts avail- ability action shall determine the extent of on the present value of the payments. able from collateral sources. (b) CONTINGENCY FEE DEFINED.—As used in each defendant’s fault or responsibility for (ii) BINDING ARBITRATION.—If, after an offer injury suffered by the claimant, and shall as- this section, the term ‘‘contingency fee’’ is made under clause (i), the claimant alleges sign a percentage of responsibility for such means any fee for professional legal services that payment of economic damages under injury to each such defendant. which is, in whole or in part, contingent the offer has not been reasonably made, or (c) PROHIBITION ON VICARIOUS LIABILITY.—A upon the recovery of any amount of dam- the participants in the offer dispute their defendant in a health care liability action ages, whether through judgment or settle- relative contributions to the payments to be may not be held vicariously liable for the di- ment. made to the claimant, such disputes shall be rect actions or omissions of other individ- SEC. 110. OBSTETRIC CASES. resolved through binding arbitration in ac- uals. With respect to a health care liability ac- cordance with applicable rules and proce- SEC. 108. MANDATORY OFFSETS FOR DAMAGES tion relating to services provided during dures established by the State involved. PAID BY A COLLATERAL SOURCE. labor or the delivery of a baby, if the health (2) STANDARDS FOR ESTABLISHING METH- (a) IN GENERAL.—With respect to a health care professional against whom the action is ODS.—In developing alternative dispute reso- care liability action, the total amount of brought did not previously treat the preg- lution methods under paragraph (1), the At- damages received by an individual under nant woman for the pregnancy, the trier of torney General shall assure that the meth- such action shall be reduced, in accordance fact may not find that the defendant com- ods promote the resolution of health care li- with subsection (b), by any other payment mitted malpractice and may not assess dam- ability claims in a manner that— that has been, or will be, made to an indi- ages against the health care professional un- (A) is affordable for the parties involved; vidual to compensate such individual for the less the malpractice is proven by clear and (B) provides for timely resolution of injury that was the subject of such action. convincing evidence. claims; (b) AMOUNT OF REDUCTION.—The amount by SEC. 111. STATE-BASED ALTERNATIVE DISPUTE (C) provides for the consistent and fair res- which an award of damages to an individual RESOLUTION MECHANISMS. olution of claims; and for an injury shall be reduced under sub- (a) APPLICATION TO HEALTH CARE LIABILITY (D) provides for reasonably convenient ac- section (a) shall be— CLAIMS UNDER HEALTH PLANS.—Prior to or cess to dispute resolution for individuals en- (1) the total amount of any payments immediately following the commencement of rolled in plans. (other than such award) that have been made any health care liability action, the parties (3) WAIVER AUTHORITY.—Upon application or that will be made to such individual to shall participate in the alternative dispute of a State, the Attorney General, in con- pay costs of or compensate such individual resolution system administered by the State sultation with the Secretary, may grant the for the injury that was the subject of the ac- under subsection (b). Such participation State the authority to fulfill the require- tion; minus shall be in lieu of any other provision of Fed- ment of subsection (b) by adopting a mecha- (2) the amount paid by such individual (or eral or State law applicable to the parties nism other than a mechanism established by by the spouse, parent, or legal guardian of prior to the commencement of the health the Attorney General pursuant to this sub- such individual) to secure the payments de- care liability action. section, except that such mechanism must scribed in paragraph (1). (b) ADOPTION OF MECHANISM BY STATE.— meet the standards set forth in paragraph (c) PRETRIAL DETERMINATION OF AMOUNTS Each State shall— (2). FROM COLLATERAL SERVICES.—The reductions (1) maintain or adopt at least one of the al- (d) FURTHER REDRESS.—Except with re- requires under subsection (b)(2) shall be de- ternative dispute resolution methods satis- spect to the claimant-requested binding arbi- termined by the court in a pretrial pro- fying the requirements specified under sub- tration method set forth in subsection ceeding. At such proceeding— section (c) and (d) for the resolution of (c)(1)(A), a claimant who is dissatisfied with

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2866 CONGRESSIONAL RECORD — SENATE February 16, 1995 the determination reached as a result of an the same or substantially similar area of (9) unless alternate sources of supply can alternative dispute resolution method ap- practice to that involved in the action. be found, the unavailability of raw materials plied under this section may, after the final (2) EVIDENCE OF EXPERTISE.—For purposes and component parts for medical devices will resolution of the claimant’s claim under the of paragraph (1), evidence of required exper- lead to unavailability of lifesaving and life- method, initiate or resume a cause of action tise may include evidence that the indi- enhancing medical devices; to seek damages or other redress with re- vidual— (10) because other suppliers of the raw ma- spect to the claim to the extent otherwise (A) practices (or has practiced) or teaches terials and component parts in foreign na- permitted under State law. State law shall (or has taught) in the same or substantially tions are refusing to sell raw materials or govern the admissibility of results of any al- similar area of health care or medicine to component parts for use in manufacturing ternative dispute resolution procedure and that involved in the action; or certain medical devices in the United States, all statements, offers, and other communica- (B) is otherwise qualified by experience or the prospects for development of new sources tions made during such procedures, at any demonstrated competence in the relevant of supply for the full range of threatened raw subsequent trial. An individual who indi- practice area. materials and component parts for medical cates or resumes a health care liability ac- (d) SANCTIONS FOR SUBMITTING FALSE AFFI- devices are remote; tion shall only prevail if such individual DAVIT.—Upon the motion of any party or on (11) it is unlikely that the small market proves each element of the action beyond a its own initiative, the court in a health care for such raw materials and component parts reasonable doubt, including proving that the liability action may impose a sanction on a in the United States could support the large defendant was grossly negligent or inten- party, the party’s attorney, or both, for— investment needed to develop new suppliers tionally caused injury. (1) any knowingly false statement made in of such raw materials and component parts; an affidavit described in subsection (a); (12) attempts to develop such new suppliers SEC. 112. REQUIREMENT OF CERTIFICATE OF (2) making any false representations in MERIT. would raise the cost of medical devices; order to obtain a qualified specialist’s re- (13) courts that have considered the duties (a) REQUIRING SUBMISSION WITH COM- port; or PLAINT.—Except as provided in subsection (b) of the suppliers of the raw materials and (3) failing to have the qualified specialist’s component parts have generally found that and subject to the penalties of subsection (d), written report in his or her custody and con- the suppliers do not have a duty— no health care liability action may be trol; (A) to evaluate the safety and efficacy of brought by any individual unless, at the and may require that the sanctioned party time the individual commences such action, reimburse the other party to the action for the use of a raw material or component part the individual or the individual’s attorney costs and reasonable attorney’s fees. in a medical device; and (B) to warn consumers concerning the safe- submits an affidavit declaring that— Subtitle B—Biomaterials Access Assurance (1) the individual (or the individual’s attor- ty and effectiveness of a medical device; ney) has consulted and reviewed the facts of SEC. 121. SHORT TITLE. (14) attempts to impose the duties referred This subtitle may be cited as the ‘‘Bio- the claim with a qualified specialist (as de- to in subparagraphs (A) and (B) of paragraph materials Access Assurance Act of 1995’’. fined in subsection (c)); (13) on suppliers of the raw materials and (2) the individual or the individual’s attor- SEC. 122. FINDINGS. component parts would cause more harm Congress finds that— ney has obtained a written report by a quali- than good by driving the suppliers to cease (1) each year millions of citizens of the fied specialist that clearly identifies the in- supplying manufacturers of medical devices; United States depend on the availability of dividual and that includes the specialist’s de- and lifesaving or life-enhancing medical devices, termination that, based upon a review of the (15) in order to safeguard the availability many of which are permanently implantable available medical record and other relevant of a wide variety of lifesaving and life-en- within the human body; material, a reasonable medical interpreta- hancing medical devices, immediate action (2) a continued supply of raw materials and tion of the facts supports a finding that the is needed— component parts is necessary for the inven- claim against the defendant is meritorious (A) to clarify the permissible bases of li- tion, development, improvement, and main- and based on good cause; and ability for suppliers of raw materials and tenance of the supply of the devices; component parts for medical devices; and (3) on the basis of the qualified specialist’s (3) most of the medical devices are made review and consultation, the individual, and (B) to provide expeditious procedures to with raw materials and component parts dispose of unwarranted suits against the sup- if represented, the individual’s attorney, that— have concluded that the claim is meritorious pliers in such manner as to minimize litiga- (A) are not designed or manufactured spe- tion costs. and based on good cause. cifically for use in medical devices; and (b) EXTENSION IN CERTAIN INSTANCES.— (B) come in contact with internal human SEC. 123. DEFINITIONS. (1) IN GENERAL.—Subject to paragraph (2), tissue; As used in this subtitle: subsection (a) shall not apply with respect to (4) the raw materials and component parts (1) BIOMATERIALS SUPPLIER.— an individual who brings a health care liabil- also are used in a variety of nonmedical (A) IN GENERAL.—The term ‘‘biomaterials ity action without submitting an affidavit products; supplier’’ means an entity that directly or described in such subsection if— (5) because small quantities of the raw ma- indirectly supplies a component part or raw (A) despite good faith efforts, the indi- terials and component parts are used for material for use in the manufacture of an vidual is unable to obtain the written report medical devices, sales of raw materials and implant. before the expiration of the applicable stat- component parts for medical devices con- (B) PERSONS INCLUDED.—Such term in- ute of limitations; stitute an extremely small portion of the cludes any person who— (B) despite good faith efforts, at the time overall market for the raw materials and (i) has submitted master files to the Sec- the individual commences the action, the in- medical devices; retary for purposes of premarket approval of dividual has been unable to obtain medical (6) under the Federal Food, Drug, and Cos- a medical device; or records or other information necessary, pur- metic Act (21 U.S.C. 301 et seq.), manufactur- (ii) licenses a biomaterials supplier to suant to any applicable law, to prepare the ers of medical devices are required to dem- produce component parts or raw materials. written report requested; or onstrate that the medical devices are safe (2) CLAIMANT.— (C) the court of competent jurisdiction de- and effective, including demonstrating that (A) IN GENERAL.—The term ‘‘claimant’’ termines that the affidavit requirement the products are properly designed and have means any person who brings a civil action, shall be extended upon a showing of good adequate warnings or instructions; or on whose behalf a civil action is brought, cause. (7) notwithstanding the fact that raw ma- arising from harm allegedly caused directly (2) DEADLINE FOR SUBMISSION WHERE EXTEN- terials and component parts suppliers do not or indirectly by an implant, including a per- SION APPLIES.—In the case of an individual design, produce, or test a final medical de- son other than the individual into whose who brings an action to which paragraph (1) vice, the suppliers have been the subject of body, or in contact with whose blood or tis- applies, the action shall be dismissed unless actions alleging inadequate— sue, the implant is placed, who claims to the individual submits the affidavit de- (A) design and testing of medical devices have suffered harm as a result of the im- scribed in subsection (a) not later than— manufactured with materials or parts sup- plant. (A) in the case of an action to which sub- plied by the suppliers; or (B) ACTION BROUGHT ON BEHALF OF AN ES- paragraph (A) of paragraph (1) applies, 90 (B) warnings related to the use of such TATE.—With respect to an action brought on days after commencing the action; or medical devices; behalf or through the estate of an individual (B) in the case of an action to which sub- (8) even though suppliers of raw materials into whose body, or in contact with whose paragraph (B) of paragraph (1) applies, 90 and component parts have very rarely been blood or tissue the implant is placed, such days after obtaining the information de- held liable in such actions, such suppliers term includes the decedent that is the sub- scribed in such subparagraph or when good have ceased supplying certain raw materials ject of the action. cause for an extension no longer exists. and component parts for use in medical de- (C) ACTION BROUGHT ON BEHALF OF A (c) QUALIFIED SPECIALIST DEFINED.— vices because the costs associated with liti- MINOR.—With respect to an action brought (1) IN GENERAL.—As used in subsection (a), gation in order to ensure a favorable judg- on behalf or through a minor, such term in- the term ‘‘qualified specialist’’ means, with ment for the suppliers far exceeds the total cludes the parent or guardian of the minor. respect to a health care liability action, a potential sales revenues from sales by such (D) EXCLUSIONS.—Such term does not in- health care professional who has expertise in suppliers to the medical device industry; clude—

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(i) a provider of professional services, in (B) EXCLUSIONS.—The term does not in- (b) LIABILITY AS MANUFACTURER.— any case in which— clude— (1) IN GENERAL.—A biomaterials supplier (I) the sale or use of an implant is inci- (i) a seller or lessor of real property; may, to the extent required and permitted dental to the transaction; and (ii) a provider of professional services, in by any other applicable law, be liable for (II) the essence of the transaction is the any case in which the sale or use of an im- harm to a claimant caused by an implant if furnishing of judgment, skill, or services; or plant is incidental to the transaction and the the biomaterials supplier is the manufac- (ii) a manufacturer, seller, or biomaterials essence of the transaction is the furnishing turer of the implant. supplier. of judgment, skill, or services; or (2) GROUNDS FOR LIABILITY.—The biomate- (3) COMPONENT PART.— (iii) any person who acts in only a finan- rials supplier may be considered the manu- (A) IN GENERAL.—The term ‘‘component cial capacity with respect to the sale of an facturer of the implant that allegedly caused part’’ means a manufactured piece of an im- implant. harm to a claimant only if the biomaterials plant. SEC. 124. GENERAL REQUIREMENTS; APPLICA- supplier— (B) CERTAIN COMPONENTS.—Such term in- BILITY; PREEMPTION. (A)(i) has registered with the Secretary cludes a manufactured piece of an implant (a) GENERAL REQUIREMENTS.— pursuant to section 510 of the Federal Food, that— (1) IN GENERAL.—In any civil action cov- Drug, and Cosmetic Act (21 U.S.C. 360) and (i) has significant nonimplant applications; ered by this subtitle, a biomaterials supplier the regulations issued under such section; and may raise any defense set forth in section and (ii) alone, has no implant value or purpose, 125. (ii) included the implant on a list of de- but when combined with other component (2) PROCEDURES.—Notwithstanding any vices filed with the Secretary pursuant to parts and materials, constitutes an implant. other provision of law, the Federal or State section 510(j) of such Act (21 U.S.C. 360(j)) (4) HARM.— court in which a civil action covered by this and the regulations issued under such sec- (A) IN GENERAL.—The term ‘‘harm’’ subtitle is pending shall, in connection with tion; or means— a motion for dismissal or judgment based on (B) is the subject of a declaration issued by (i) any injury to or damage suffered by an a defense described in paragraph (1), use the the Secretary pursuant to paragraph (3) that individual; procedures set forth in section 126. states that the supplier, with respect to the (b) APPLICABILITY.— (ii) any illness, disease, or death of that in- implant that allegedly caused harm to the (1) IN GENERAL.—Except as provided in dividual resulting from that injury or dam- claimant, was required to— paragraph (2), notwithstanding any other age; and (i) register with the Secretary under sec- provision of law, this subtitle applies to any (iii) any loss to that individual or any tion 510 of such Act (21 U.S.C. 360), and the civil action brought by a claimant, whether other individual resulting from that injury regulations issued under such section, but in a Federal or State court, against a manu- or damage. failed to do so; or facturer, seller, or biomaterials supplier, on (B) EXCLUSION.—The term does not include (ii) include the implant on a list of devices the basis of any legal theory, for harm alleg- any commercial loss or loss of or damage to filed with the Secretary pursuant to section edly caused by an implant. an implant. 510(j) of such Act (21 U.S.C. 360(j)) and the (2) EXCLUSION.—A civil action brought by a (5) IMPLANT.—The term ‘‘implant’’ means— regulations issued under such section, but (A) a medical device that is intended by purchaser of a medical device for use in pro- failed to do so. the manufacturer of the device— viding professional services against a manu- (3) ADMINISTRATIVE PROCEDURES.— (i) to be placed into a surgically or natu- facturer, seller, or biomaterials supplier for (A) IN GENERAL.—The Secretary may issue rally formed or existing cavity of the body loss or damage to an implant or for commer- a declaration described in paragraph (2)(B) for a period of at least 30 days; or cial loss to the purchaser— on the motion of the Secretary or on peti- (ii) to remain in contact with bodily fluids (A) shall not be considered an action that tion by any person, after providing— or internal human tissue through a sur- is subject to this subtitle; and (i) notice to the affected persons; and gically produced opening for a period of less (B) shall be governed by applicable com- (ii) an opportunity for an informal hearing. than 30 days; and mercial or contract law. (B) DOCKETING AND FINAL DECISION.—Imme- (B) suture materials used in implant proce- (c) SCOPE OF PREEMPTION.— diately upon receipt of a petition filed pursu- dures. (1) IN GENERAL.—This subtitle supersedes ant to this paragraph, the Secretary shall (6) MANUFACTURER.—The term ‘‘manufac- any State law regarding recovery for harm docket the petition. Not later than 180 days turer’’ means any person who, with respect caused by an implant and any rule of proce- after the petition is filed, the Secretary shall to an implant— dure applicable to a civil action to recover issue a final decision on the petition. (A) is engaged in the manufacture, prepa- damages for such harm only to the extent (C) APPLICABILITY OF STATUTE OF LIMITA- ration, propagation, compounding, or proc- that this subtitle establishes a rule of law TIONS.—Any applicable statute of limitations essing (as defined in section 510(a)(1) of the applicable to the recovery of such damages. shall toll during the period during which a Federal Food, Drug, and Cosmetic Act (21 (2) APPLICABILITY OF OTHER LAWS.—Any claimant has filed a petition with the Sec- U.S.C. 360(a)(1)) of the implant; and issue that arises under this subtitle and that retary under this paragraph. (B) is required— is not governed by a rule of law applicable to (i) to register with the Secretary pursuant the recovery of damages described in para- (c) LIABILITY AS SELLER.—A biomaterials to section 510 of the Federal Food, Drug, and graph (1) shall be governed by applicable supplier may, to the extent required and per- Cosmetic Act (21 U.S.C. 360) and the regula- Federal or State law. mitted by any other applicable law, be liable tions issued under such section; and (d) STATUTORY CONSTRUCTION.—Nothing in as a seller for harm to a claimant caused by (ii) to include the implant on a list of de- this subtitle may be construed— an implant if the biomaterials supplier— vices filed with the Secretary pursuant to (1) to affect any defense available to a de- (1) held title to the implant that allegedly section 510(j) of such Act (21 U.S.C. 360(j)) fendant under any other provisions of Fed- caused harm to the claimant as a result of and the regulations issued under such sec- eral or State law in an action alleging harm purchasing the implant after— tion. caused by an implant; or (A) the manufacture of the implant; and (7) MEDICAL DEVICE.—The term ‘‘medical (2) to create a cause of action or Federal (B) the entrance of the implant in the device’’ means a device, as defined in section court jurisdiction pursuant to section 1331 or stream of commerce; and 201(h) of the Federal Food, Drug, and Cos- 1337 of title 28, United States Code, that oth- (2) subsequently resold the implant. metic Act (21 U.S.C. 321(h)). erwise would not exist under applicable Fed- (d) LIABILITY FOR VIOLATING CONTRACTUAL (8) QUALIFIED SPECIALIST.—With respect to eral or State law. REQUIREMENTS OR SPECIFICATIONS.—A bio- an action, the term ‘‘qualified specialist’’ SEC. 125. LIABILITY OF BIOMATERIALS SUP- materials supplier may, to the extent re- means a person who is qualified by knowl- PLIERS. quired and permitted by any other applicable edge, skill, experience, training, or edu- (a) IN GENERAL.— law, be liable for harm to a claimant caused cation in the specialty area that is the sub- (1) EXCLUSION FROM LIABILITY.—Except as by an implant, if the claimant in an action ject of the action. provided in paragraph (2), a biomaterials shows, by a preponderance of the evidence, (9) RAW MATERIAL.—The term ‘‘raw mate- supplier shall not be liable for harm to a that— rial’’ means a substance or product that— claimant caused by an implant. (1) the raw materials or component parts (A) has a generic use; and (2) LIABILITY.—A biomaterials supplier delivered by the biomaterials supplier ei- (B) may be used in an application other that— ther— than an implant. (A) is a manufacturer may be liable for (A) did not constitute the product de- (10) SECRETARY.—The term ‘‘Secretary’’ harm to a claimant described in subsection scribed in the contract between the biomate- means the Secretary of Health and Human (b); rials supplier and the person who contracted Services. (B) is a seller may be liable for harm to a for delivery of the product; or (11) SELLER.— claimant described in subsection (c); and (B) failed to meet any specifications that (A) IN GENERAL.—The term ‘‘seller’’ means (C) furnishes raw materials or component were— a person who, in the course of a business con- parts that fail to meet applicable contrac- (i) provided to the biomaterials supplier ducted for that purpose, sells, distributes, tual requirements or specifications may be and not expressly repudiated by the biomate- leases, packages, labels, or otherwise places liable for a harm to a claimant described in rials supplier prior to acceptance of delivery an implant in the stream of commerce. subsection (d). of the raw materials or component parts;

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2868 CONGRESSIONAL RECORD — SENATE February 16, 1995 (ii)(I) published by the biomaterials sup- supplied by the biomaterials supplier and ac- ments for liability as a seller under section plier; tually used in the manufacture of the im- 125(c). (II) provided to the manufacturer by the plant was a cause of the harm alleged by (4) BASIS OF RULING ON MOTION TO DISMISS.— biomaterials supplier; or claimant, together with a statement of the (A) IN GENERAL.—The court shall rule on a (III) contained in a master file that was basis for the determination; and motion to dismiss filed under subsection (a) submitted by the biomaterials supplier to (D) states that, on the basis of review and solely on the basis of the pleadings of the the Secretary and that is currently main- consultation of the qualified specialist, the parties made pursuant to this section and tained by the biomaterials supplier for pur- claimant (or the attorney of the claimant) any affidavits submitted by the parties pur- poses of premarket approval of medical de- has concluded that there is a reasonable and suant to this section. vices; or meritorious cause for the filing of the action (B) MOTION FOR SUMMARY JUDGMENT.—Not- (iii)(I) included in the submissions for pur- against the biomaterials supplier. withstanding any other provision of law, if poses of premarket approval or review by the (c) PROCEEDING ON MOTION TO DISMISS.— the court determines that the pleadings and Secretary under section 510, 513, 515, or 520 of The following rules shall apply to any pro- affidavits made by parties pursuant to this the Federal Food, Drug, and Cosmetic Act ceeding on a motion to dismiss filed under section raise genuine issues as concerning (21 U.S.C. 360, 360c, 360e, or 360j); and this section: material facts with respect to a motion con- (II) have received clearance from the Sec- (1) AFFIDAVITS RELATING TO LISTING AND cerning contractual requirements and speci- retary, DECLARATIONS.— fications, the court may deem the motion to if such specifications were provided by the (A) IN GENERAL.—The defendant in the ac- dismiss to be a motion for summary judg- manufacturer to the biomaterials supplier tion may submit an affidavit demonstrating ment made pursuant to subsection (d). and were not expressly repudiated by the that defendant has not included the implant (d) SUMMARY JUDGMENT.— biomaterials supplier prior to the acceptance on a list, if any, filed with the Secretary pur- by the manufacturer of delivery of the raw (1) IN GENERAL.— suant to section 510(j) of the Federal Food, materials or component parts; and (A) BASIS FOR ENTRY OF JUDGMENT.—A bio- Drug, and Cosmetic Act (21 U.S.C. 360(j)). (2) such conduct was an actual and proxi- materials supplier shall be entitled to entry (B) RESPONSE TO MOTION TO DISMISS.—In re- mate cause of the harm to the claimant. of judgment without trial if the court finds sponse to the motion to dismiss, the claim- there is no genuine issue as concerning any SEC. 126. PROCEDURES FOR DISMISSAL OF CIVIL ACTIONS AGAINST BIOMATERIALS ant may submit an affidavit demonstrating material fact for each applicable element set SUPPLIERS. that— forth in paragraphs (1) and (2) of section (a) MOTION TO DISMISS.—In any action that (i) the Secretary has, with respect to the 125(d). is subject to this subtitle, a biomaterials defendant and the implant that allegedly (B) ISSUES OF MATERIAL FACT.—With re- supplier who is a defendant in such action caused harm to the claimant, issued a dec- spect to a finding made under subparagraph may, at any time during which a motion to laration pursuant to section 125(b)(2)(B); or (A), the court shall consider a genuine issue dismiss may be filed under an applicable law, (ii) the defendant who filed the motion to of material fact to exist only if the evidence move to dismiss the action on the grounds dismiss is a seller of the implant who is lia- submitted by claimant would be sufficient to that— ble under section 125(c). allow a reasonable jury to reach a verdict for (1) the defendant is a biomaterials sup- (2) EFFECT OF MOTION TO DISMISS ON DIS- the claimant if the jury found the evidence plier; and COVERY.— to be credible. (2)(A) the defendant should not, for the (A) IN GENERAL.—If a defendant files a mo- (2) DISCOVERY MADE PRIOR TO A RULING ON A purposes of— tion to dismiss under paragraph (1) or (3) of MOTION FOR SUMMARY JUDGMENT.—If, under (i) section 125(b), be considered to be a subsection (a), no discovery shall be per- applicable rules, the court permits discovery manufacturer of the implant that is subject mitted in connection to the action that is prior to a ruling on a motion for summary to such section; or the subject of the motion, other than dis- judgment made pursuant to this subsection, (ii) section 125(c), be considered to be a covery necessary to determine a motion to such discovery shall be limited solely to es- seller of the implant that allegedly caused dismiss for lack of jurisdiction, until such tablishing whether a genuine issue of mate- harm to the claimant; or time as the court rules on the motion to dis- rial fact exists. (B)(i) the claimant has failed to establish, miss in accordance with the affidavits sub- (3) DISCOVERY WITH RESPECT TO A BIOMATE- pursuant to section 125(d), that the supplier mitted by the parties in accordance with this RIALS SUPPLIER.—A biomaterials supplier furnished raw materials or component parts section. shall be subject to discovery in connection in violation of contractual requirements or (B) DISCOVERY.—If a defendant files a mo- with a motion seeking dismissal or summary specifications; or tion to dismiss under subsection (a)(2) on the judgment on the basis of the inapplicability (ii) the claimant has failed to comply with grounds that the biomaterials supplier did of section 125(d) or the failure to establish the procedural requirements of subsection not furnish raw materials or component the applicable elements of section 125(d) (b). parts in violation of contractual require- solely to the extent permitted by the appli- (b) PROCEDURAL REQUIREMENTS.— ments or specifications, the court may per- cable Federal or State rules for discovery (1) IN GENERAL.—The procedural require- mit discovery, as ordered by the court. The against nonparties. ments described in paragraphs (2) and (3) discovery conducted pursuant to this sub- (e) STAY PENDING PETITION FOR DECLARA- shall apply to any action by a claimant paragraph shall be limited to issues that are TION.—If a claimant has filed a petition for a against a biomaterials supplier that is sub- directly relevant to— declaration pursuant to section 125(b) with ject to this subtitle. (i) the pending motion to dismiss; or respect to a defendant, and the Secretary has (2) MANUFACTURER OF IMPLANT SHALL BE (ii) the jurisdiction of the court. not issued a final decision on the petition, NAMED A PARTY.—The claimant shall be re- (3) AFFIDAVITS RELATING STATUS OF DE- the court shall stay all proceedings with re- quired to name the manufacturer of the im- FENDANT.— spect to that defendant until such time as plant as a party to the action, unless— (A) IN GENERAL.—Except as provided in the Secretary has issued a final decision on (A) the manufacturer is subject to service clauses (i) and (ii) of subparagraph (B), the the petition. of process solely in a jurisdiction in which court shall consider a defendant to be a bio- the biomaterials supplier is not domiciled or materials supplier who is not subject to an (f) MANUFACTURER CONDUCT OF PRO- subject to a service of process; or action for harm to a claimant caused by an CEEDING.—The manufacturer of an implant (B) an action against the manufacturer is implant, other than an action relating to li- that is the subject of an action covered barred by applicable law. ability for a violation of contractual require- under this subtitle shall be permitted to file (3) AFFIDAVIT.—At the time the claimant ments or specifications described in sub- and conduct a proceeding on any motion for brings an action against a biomaterials sup- section (d). summary judgment or dismissal filed by a plier the claimant shall be required to sub- (B) RESPONSES TO MOTION TO DISMISS.—The biomaterials supplier who is a defendant mit an affidavit that— court shall grant a motion to dismiss any ac- under this section if the manufacturer and (A) declares that the claimant has con- tion that asserts liability of the defendant any other defendant in such action enter sulted and reviewed the facts of the action under subsection (b) or (c) of section 125 on into a valid and applicable contractual with a qualified specialist, whose qualifica- the grounds that the defendant is not a man- agreement under which the manufacturer tions the claimant shall disclose; ufacturer subject to such subsection 125(b) or agrees to bear the cost of such proceeding or (B) includes a written determination by a seller subject to subsection 125(c), unless the to conduct such proceeding. qualified specialist that the raw materials or claimant submits a valid affidavit that dem- (g) ATTORNEY FEES.—The court shall re- component parts actually used in the manu- onstrates that— quire the claimant to compensate the bio- facture of the implant of the claimant were (i) with respect to a motion to dismiss con- materials supplier (or a manufacturer ap- raw materials or component parts described tending the defendant is not a manufacturer, pearing in lieu of a supplier pursuant to sub- in section 125(d)(1), together with a state- the defendant meets the applicable require- section (f)) for attorney fees and costs, if— ment of the basis for such a determination; ments for liability as a manufacturer under (1) the claimant named or joined the bio- (C) includes a written determination by a section 125(b); or materials supplier; and qualified specialist that, after a review of (ii) with respect to a motion to dismiss (2) the court found the claim against the the medical record and other relevant mate- contending that the defendant is not a seller, biomaterials supplier to be without merit rial, the raw material or component part the defendant meets the applicable require- and frivolous.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2869 Subtitle C—Applicability provision or amendment to any person or present value. This requirement may be SEC. 131. APPLICABILITY. circumstance is held to be unconstitutional, waived, in the interests of justice. This title shall apply to all civil actions the remainder of this Act, the amendments 5. Several, not Joint, Liability: covered under this title that are commenced made by this Act, and the application of the Defendant liable only for the amount of on or after the date of enactment of this Act, provisions of such to any person or cir- non-economic and punitive damages allo- including any such action with respect to cumstance shall not be affected thereby. cated to defendant’s direct proportion of which the harm asserted in the action or the fault or responsibility. The trier of fact de- conduct that caused the harm occurred be- SUMMARY OF MCCONNELL-LIEBERMAN-KASSE- termines percentage of responsibility of each fore the date of enactment of this Act. BAUM HEALTH CARE LIABILITY REFORM AND defendant. No vicarious liability for direct QUALITY ASSURANCE ACT OF 1995 acts or omissions. TITLE II—PROTECTION OF THE HEALTH TITLE I—LIABILITY REFORM 6. Collateral Source: AND SAFETY OF PATIENTS Total damages must be reduced by pay- Subtitle A—Health Care Liability Reform SEC. 201. HEALTH CARE QUALITY ASSURANCE ments from other sources made, or to be PROGRAM. 1. Scope: made, to compensate individual for injury (a) FUND.—Each State shall establish a a. Applies to any action, filed in federal or that is the subject of the health care liabil- health care quality assurance program, to be state court, against a health care provider, ity action. The offset is reduced by any approved by the Secretary, and a fund con- professional, payor, hmo, insurance company amount paid by the injured party (or family sisting of such amounts as are transferred to or any other defendant (except vaccine-re- member) to secure the payment. The reduc- the fund under subsection (b). lated injuries); tions must be determined by the judge in a (b) TRANSFER OF AMOUNTS.—Each State b. Preempts state law to the extent it is in- pretrial proceeding. shall require that 50 percent of all awards of consistent with the provisions herein; no 7. Attorneys’ Fees: punitive damages resulting from all health preemption for state laws which: Limits attorney contingent fees to 331⁄3% care liability actions in that State be trans- (1) provide additional defenses; of the first $150,000 and 25% of any amount in ferred to the fund established under sub- (2) greater limitations on attorneys’ fees; excess of $150,000. section (a) in the State. (3) greater restrictions on punitive or non- 8. Obstetric Cases: (c) OBLIGATIONS FROM FUND.—The chief ex- economic damages; No malpractice award against a health ecutive officer of a State shall obligate such (4) permit state officials to institute ac- care professional relating to delivery of a sums as are available in the fund established tion; baby, if the health care professional did not in that State under subsection (a) to— (5) permit provider-based dispute resolu- previously treat the woman during the preg- (1) license and certify health care profes- tion. nancy, unless malpractice proved by clear sionals in the State; c. Does not create federal jurisdiction for and convincing evidence. (2) implement health care quality assur- health care liability actions. 9. State Based Alternative Dispute Resolu- ance programs; and 2. Uniform Statute of Limitations: tion: (3) carry out programs to reduce mal- Two years from the date injury discovered a. Prior to the filing, or immediately fol- practice-related costs for health care pro- or should have been discovered, except that lowing the filing of the action, the parties viders volunteering to provide health care any person under a legal disability may file must participate in a state administered al- services in medically underserved areas. within two years after the disability ceases. ternative dispute resolution system. SEC. 202. RISK MANAGEMENT PROGRAMS. 3. Limit on Punitive Damages: b. The Attorney General will develop adr (a) REQUIREMENTS FOR PROVIDERS.—Each a. Awarded if proved by clear and con- methods for use by the states, including ar- State shall require each health care profes- vincing evidence defendant: bitration, mediation, early neutral evalua- sional and health care provider providing (1) intended to injure; tion, early offer and recovery. The parties services in the State to participate in a risk (2) understood claimant was substantially may elect binding arbitration. management program to prevent and provide certain to suffer unnecessary injury and de- c. Adr must promote resolution of health early warning of practices which may result liberately failed to avoid injury; or care liability claims in an affordable, timely, in injuries to patients or which otherwise (3) acted with conscious disregard of sub- fair and convenient manner. States may be may endanger patient safety. stantial and unjustifiable risk which defend- granted waivers if they have programs that (b) REQUIREMENTS FOR INSURERS.—Each ant failed to avoid in a way which con- meet these standards. State shall require each entity which pro- stitutes a gross deviation from the normal d. Any party dissatisfied (except where vides health care professional or provider li- standard of conduct. binding arbitration selected) may continue ability insurance to health care professionals b. No punitive damages where compen- the action in court and may prevail only if and health care providers in the State to— satory damages of less than $500 are award- each element of the case is proved beyond a (1) establish risk management programs ed. reasonable doubt, including that the defend- based on data available to such entity or c. Punitive damages may not be pleaded in ant was grossly negligent or intentionally sanction programs of risk management for original complaint. A complaint may be caused injury. State law governs the admis- health care professionals and health care amended within, the earlier of, 2 years of sion of adr proceedings. providers provided by other entities; and original complaint or 9 months before the 10. Certificate of Merit: (2) require each such professional or pro- case is set for trial, and after court finds sub- Requires that, prior to bringing a lawsuit, vider, as a condition of maintaining insur- stantial probability that claimant will pre- an individual (or his or her attorney) to sub- ance, to participate in one program de- vail on the claim for punitive damages. mit an affidavit declaring that the indi- scribed in paragraph (1) at least once in each d. At the defendant’s request, punitive vidual reviewed the facts with a qualified 3-year period. damages must be considered in a separate specialist and that the specialist has con- SEC. 203. NATIONAL PRACTITIONER DATA BANK. proceeding and, if so requested, no evidence cluded the claim is meritorious. A qualified Section 427 of the Health Care Quality Im- relevant to the claim for punitive damages specialist means a health care professional provement Act of 1986 (42 U.S.C. 11137) is may be admitted in the proceedings for com- with expertise (the specialist practices or amended— pensatory damages. teaches or has experience or demonstrated (1) by redesignating subsections (b) e. In determining the amount, court must competence) in the same or substantially through (d) as subsections (c) through (e), re- consider only: similar area of practice as that involved in spectively; (1) severity of harm; the case. A court may impose sanctions for (2) by inserting after subsection (a), the (2) duration of defendant’s conduct and any the submission of a false affidavit. following new subsection: concealment; (3) profitability of defendant’s conduct; Subtitle B—Biomaterial Access Assurance ‘‘(b) DISCLOSURE OF INFORMATION.—The 1. Summary: Secretary shall promulgate regulations pro- (4) number of products sold/procedures ren- The Biomaterial Access Assurance Act viding for the disclosure of information re- dered which caused similar harm; would allow suppliers of the raw material ported to the Secretary under sections 422 (5) similar awards of punitive damages in (biomaterial) used to make medical im- and 423, upon request, to any individual.’’; similar circumstances; plants, to obtain dismissal, without exten- and (6) prospective awards of compensatory sive discovery or other legal costs, in certain (3) in subsection (c) (as so redesignated)— damages to similarly situated persons; tort suits in which plaintiffs allege harm (A) in the first sentence of paragraph (1), (7) criminal penalties imposed on defend- from a finished medical implant. by striking ‘‘under this part’’ and inserting ant; (8) civil fines imposed. The Act would not affect the ability of ‘‘under section 421’’; and f. No award may exceed the greater of 3 plaintiffs to sue manufacturers or sellers of (B) in paragraph (3), by striking ‘‘sub- times the amount of economic damages or medical implants. It would allow raw mate- section (a)’’ and inserting ‘‘subsections (a) $250,000. rials suppliers, however, to be dismissed and (b)’’. 4. Periodic Payment of Damages: from lawsuits if the generic raw material TITLE III—SEVERABILITY No more than $100,000 may be required to used in the medical device met contract SEC. 301. SEVERABILITY. be paid in one single payment. The court will specifications, and if the biomaterial sup- If any provision of this Act, an amendment determine the schedule for payments, based plier cannot be classified as either a manu- made by this Act, or the application of such on projection of future losses and reduced to facturer or seller of the medical implant.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2870 CONGRESSIONAL RECORD — SENATE February 16, 1995 2. Scope: 2. Risk Management Programs: of malpractice awards to victims, by a. Establishes that any biomaterial sup- Professionals and providers must partici- discouraging frivolous law suits, and plier may seek its dismissal from a civil ac- pate in risk management program to prevent by enhancing quality assurance pro- tion within the parameters of the Subtitle. and provide early warning of practices which grams. Key provisions of this mal- b. Applies to any civil action brought by a may result in injuries. Insurers must estab- claimant in Federal or State court against a lish risk management programs and require practice reform bill include: manufacturer, seller, or biomaterial sup- participation, once every 3 years, as a condi- Establishing a uniform statute of plier, on the basis of any legal theory, for tion of maintaining insurance. limitations, 2 years from the date the harm allegedly caused by an implant. 3. National Practitioner Data Bank: injury was discovered. c. Preempts State law to the extent the Requires that information on the dis- Allowing periodic payments for bill establishes a rule of law. cipline of health care practitioners, includ- awards greater than $100,000. 3. Grounds for Dismissal: ing suspension or revocation of licenses or Applying several, not joint and sev- a. Requires dismissal of a biomaterial sup- hospital privileges, be accessible to the pub- eral liability for noneconomic and pu- plier unless the claimant establishes that lic.∑ nitive damages. the supplier: ∑ Mr. LIEBERMAN. Mr. President, I Limiting attorneys’ contingency fees (1) was itself the manufacturer of the im- 1 plant; am pleased to join Senators MCCON- to 33 ⁄3 of the $150,000 of an award and 25 (2) was itself the seller of the implant; or NELL and KASSEBAUM today in intro- percent of any amount above $150,000. (3) furnished raw materials that failed to ducing the Liability Reform and Qual- Establishing a clear and convincing met applicable contractual requirements or ity Assurance Act of 1995. I thank Sen- evidence standard for doctors deliv- specifications. ator MCCONNELL for his leadership on ering a baby who had not previously b. A supplier may be deemed to be a manu- the bill. treated the pregnant women. facturer only if the supplier registered as Requiring States to establish manda- Mr. President, our present system for such with the FDA pursuant to medical de- tory alternative dispute resolution. vice requirements or if the HHS Secretary compensating patients who have been Strengthening the standard for issues a declaration that the supplier should injured by medical malpractice is inef- awarding punitive damages and estab- have registered as such. Establishes a proce- fective, inefficient, and in many re- lish State health care quality assur- dure for the Secretary to issue such a dec- spects, unfair. The system promotes laration. ance programs funded with 50 percent the overuse of medical tests and proce- of punitive damage awards. c. A supplier may be deemed to be a seller dures, and diverts too much money if the supplier itself resold the implant after Requiring providers and insurers to it had been manufactured and had entered away from victims. The Rand Corp. has participate in risk management pro- the stream of commerce. estimated that injured patients receive grams every 3 years to better detect d. With respect to contractual require- only 43 percent of spending on medical and prevent practices which may result ments, a supplier may be liable for harm malpractice and medical product liti- in patient injury. only if the claimant shows that the biomate- gation. And victims often receive their Increasing consumer access to the rial were not the actual product for which awards after many years of delay. National Practitioner Data Bank the parties contracted or the biomaterial Our medical malpractice system is a which contains information on discipli- failed to meet certain specifications and that failure was the cause of the injury. The rel- stealth contributor to the high cost of nary actions against health care pro- evant specifications are those: health care. The American Medical As- viders. (1) provided to the supplier by the manu- sociation reports that in the 1980’s li- The bill also incorporates legislation facturer, ability insurance premiums grew faster I introduced earlier this year with Sen- (2) provided by the manufacturer (either that other physician practice expenses. ator MCCONNELL and others, S. 303, the published, given to the manufacturer, or in- The cost of liability insurance has been Biomaterials Access Assurance Act of cluded in an FDA master file), or estimated at $9 billion in 1992. 1995. That bill seeks to ensure that raw (3) included in manufacturer submissions So called defensive medicine costs materials continue to be available for that had received clearance from the FDA. use in life-saving medical devices. It al- 4. Procedures for Dismissal: are an even greater concern. The Office a. A supplier named as a defendant or of Technology Assessment has found lows suppliers of raw materials or bio- joined as a co-defendant may file a motion to that as many as 8 percent of diagnostic materials used to make medical im- dismiss based on the defenses set forth procedures are ordered primarily be- plants to obtain dismissal, with mini- above. cause of doctors’ concerns about liabil- mal legal costs, from certain tort suits b. A plaintiff must sue a manufacturer di- ity. These defensive practices present a in which plaintiffs allege harm from a rectly whenever jurisdiction over the manu- finished medical product containing facturer is available. A plaintiff must submit hidden but significant burden on our health care system. The health care the biomaterial. an expert’s affidavit certifying that the bio- Many of the reform ideas in the legis- consulting firm, Lewin-VHI, has esti- material were actually used and were the lation we are introducing today were cause of the alleged harm and that the case mated that physician and hospital proposed or cosponsored by Democrats has merit. charges for defensive medicine were as and Republicans in the last Congress as c. Specific rules are established for the high as $25 billion in 1991. part of comprehensive health care re- handling of a motion to dismiss, including Taxpayers and health care consumers form bills. A number of these ideas discovery limitations, summary judgment bear the financial burden of these ex- procedures, and staying the proceedings. were embraced last year by a group of cessive costs. Liability insurance and d. The manufacturer, not the supplier, may us participating in the bipartisan Sen- defensive medicine premiums drive up conduct the proceeding on the motion if an ate mainstream coalition. But we had appropriate contractual indemnification the cost of Medicare and Medicaid and little chance to debate these issues in agreement exists. The possibility of frivolous of private health care premiums. Fur- the last Congress. I am optimistic that claims against a supplier is reduced by per- ther, in some specialties, such as ob- mitting the court to require the plaintiff to we will have the opportunity in this stetrics, where malpractice premiums Congress to pass a bipartisan medical pay attorney fees if the plaintiff succeeds in have skyrocketed, malpractice liabil- making the supplier a defendant, but ulti- malpractice reform bill. I encourage mately is found to have a meritless claim. ity may be reducing access to quality my colleagues to consider this legisla- health care. The American College of 5. Effective Date: The bill will apply to tion and join Senator MCCONNELL, Sen- civil actions commenced on or after the date Obstetricians and Gynecologists report ator KASSEBAUM, and me as we seek to of enactment. of that malpractice costs for ob/gyns improve our medical malpractice sys- TITLE II—PROTECTION OF PATIENT HEALTH AND increased 350 percent between 1982 and tem.∑ SAFETY 1988, and that by 1988, 41 percent of 1. Quality Assurance: those ob/gyns surveyed indicated that By Mr. KEMPTHORNE (for him- Requires each state to establish a health they had made changes in their prac- self and Mr. CRAIG): care quality assurance program and fund, ap- tice patterns, such as ceasing to serve S. 455. A bill entitled the ‘‘Consulta- proved by the Secretary of HHS. Allocates high-risk patients, because of mal- tion Clarification Act’’; to the Com- 50% of all punitive damage awards to be practice concerns. mittee on Environment and Public transferred to the fund for the purpose of li- censing and certifying health care profes- The bill we’re introducing today will Works. sionals, implementing programs, including begin to address these inefficiencies CONSULTATION CLARIFICATION ACT programs to reduce malpractice costs for and perverse effects of our malpractice Mr. KEMPTHORNE. Mr. President, volunteers serving underserved areas. system by directing a greater portion today I am introducing a bill to amend

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2871 the Endangered Species Act. I am in- tained within a national forest man- that it will help with existing situa- troducing a bill critical to the people agement plan, and the plan had not yet tions in Oregon, Idaho, New Mexico, of this country who are held hostage by been consulted upon for the salmon, and California and it will prevent many the inappropriate implementation of a the projects were subject to immediate other States from getting in the same provision of the Endangered Species cessation. situation that we are currently facing Act. Why, you ask, had the plan not been in Idaho. One abuse in particular has caused made subject to consultation? That is Mr. President, I want to make it me to rise today with an urgent need the irony of this judge’s order. The clear that we are not intending to re- to make a clarification to the Endan- plans in the six national forests had form the Endangered Species Act with gered Species Act. been consulted upon, in addition to the this bill. That reform effort is one that Late last month a Federal judge projects within the plans. The problem I feel needs careful consideration, con- issued an injunction to protect an en- was that the salmon was listed under structive debate, and substantive sug- dangered strain of salmon. This action the Endangered Species Act after the gestions over the months ahead. We are resulted in the shutting down of all forest plans had been consulted upon. planning hearings on this broader re- mining, logging, and grazing in six Well, Mr. President, the injunction form bill and are looking to submit a Idaho National Forests. It didn’t cover was temporarily lifted, until March 15. comprehensive reauthorization bill in just the activities that would affect the Hopefully this will be enough time for the fall. salmon, it included all activities on the National Marine Fisheries Service Mr. President, my bill will fix a lands that represent 30 percent of the to complete consultation on the forest small, but critical part of the frustra- land in the State of Idaho. And worse, plans. But, if anything goes wrong, the tions caused by liberal interpretations it adversely affected people lives and injunction may be imposed again. As of the Endangered Species Act. And, it jobs in half of the States. the year progresses, more and more will head off potential catastrophes in Mr. President, this is the area of the people’s jobs will be at risk. These un- the short run that will bog down the State of Idaho where people’s jobs are certainties in folks’ lives are not nec- kind of innovative discussions that are needlessly at risk because of the vagar- essary. needed to bring forth the best possible ies of the courts and Federal agencies. The legislation my colleague from bill reauthorizing the Endangered Spe- The court imposed a 5-day injunction Idaho and I are sponsoring does only cies Act, to benefit the species truly at on all activities on the national forests one thing, it clarifies that it has never risk and to help, not hinder the Amer- covering 30 percent of the area of the been the intent of Congress to give the ican people. State of Idaho and jeopardizing the regulatory agencies two opportunities jobs of nearly 5,000 workers, workers on to consult on the same project. It was By Mr. BRADLEY (for himself, projects that have been in continuous never the intent to cause a project that Mr. DODD, Mr. ROCKEFELLER, operation that the Forest Service has has already been approved under the Mr. CHAFEE, Mrs. FEINSTEIN, determined will not jeopardize the en- Endangered Species Act to come to a Ms. SNOWE, Mr. LIEBERMAN, Mr. dangered salmon runs. And adding un- halt while the plan of which it is a part DORGAN, and Mr. KENNEDY): certainty to another 5,000 workers goes through a second review. S. 456. A bill to improve and whose jobs are influenced by the Since the enactment of the Endan- strengthen the child support collection project work. gered Species Act, Congress has en- system, and for other purposes; to the Mr. President, 2,500 people rallied in acted laws requiring agencies to do Committee on Finance. Challis, ID, January 21 to let their broad plans for their activities. These Government know that they are frus- agencies are required by Federal law to THE INTERSTATE CHILD SUPPORT RESPONSIBILITY ACT trated that no one is considering their have different levels of planning—a ∑ plight. They are facing loss of jobs, not broad scale long term plan and then Mr. BRADLEY. Mr. President, the having money for food and clothing, site specific plans. crucible of American society is the and the uncertainties of having to Court decisions like this one have family. Today the family faces stresses move from their homes. I got a letter begun to force an interpretation that and injuries that we have never seen from Russell Ebberts who is an eighth there must be consultation on both lev- before in this country. Almost every grader in Challis, ID. He’s facing hav- els of planning and that both these child is affected by these pressures: the ing to move if his Dad looses his job. plans and the resulting projects may be 40 percent of children who go home to And Danny Fisher and Karena Turpin held up if the consultation on both has an empty house every afternoon be- were planing on getting married in not been completed. cause both parents work as well as the June. Their wedding and future plans This is double jeopardy. We cannot 27 percent of children who live with have been shattered. And as long as afford to allow our Federal Govern- only one parent. Our efforts as a nation there is a threat of a recurrence of that ment to waste taxpayers dollars in es- must address these stresses by seeking injunctions, they must continue to be sentially looking at the same project to recouple sexual behavior and child- worried. twice. We can no longer throw out bearing with family responsibility. The current injunction, when it was years of planning and community in- That responsibility involves giving in effect, affected mainly mining oper- volvement on these plans every time a time, love, care, and attention, but it ations, but future injunctions, when new species is listed. The laws and reg- also includes food, clothing, and med- they come will affect grazing, timber ulations for both the Forest Service ical care. We should send a clear mes- harvest including salvage, and other and the BLM allow for these kinds of sage, above all to young men: If you fa- activities. We have estimated that if updates—they are called amendments ther a child, whether or not you are the injunction is put in place again in and require the kinds of public involve- married to the mother of that child, be March, it will cost $65,000 per day in ment that put people back into the prepared to set aside one-sixth or more the loss of folks’ wages across Idaho. management of their public lands. of your earnings every year for 18 years That is intolerable. Mr. President, it is time that Con- to help that child grow up healthy, The insanity of this injunction was gress is clear about what we intended educated, and responsible. that many of the projects that would for the consultation process. My bill That’s the principle of child support. be shut down had already been the sub- amends section 7 of the Endangered Today, Mr. President, I rise to intro- ject of consultation under the Endan- Species Act to clarify that when a con- duce a bill that will reinforce that gered Species Act and had been deter- sultation has been completed on a principle by repairing all the holes in mined to not harm the salmon. project, the project does not need to the tattered, State-based system of Let me repeat that important point, stop while consultation is done on the child support enforcement. That sys- Mr. President. These are projects that overriding plan. tem has not worked well. It left $5.1 had already been the subject of con- This is a necessary clarification of billion in court-ordered child support sultation, and had been found to have the intent of Congress on this issue. Its uncollected last year. It succeeds in es- no effect on the salmon. Nonetheless, intent is to avoid unnecessary multiple tablishing paternity for less than 40 just because these projects were con- consultations on a project. We envision percent of out-of-wedlock births. Still,

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2872 CONGRESSIONAL RECORD — SENATE February 16, 1995 the complex Federal-State system suc- different States. These cases are the another State, child support officials ceeds in collecting $3.98 for every dol- most difficult to resolve. By moving do not usually learn about the job lar spent on enforcement. We face a from State to State and changing jobs, change until the next quarter in which choice. We can throw out the State parents can systematically avoid pay- the employer has to report payroll in- system and replace it with a Federal ing child support, or even being located formation. By the time child support bureaucracy, which might be more so that their wages can be withheld, for officials in the custodial parent’s State cumbersome but would be as hard to about a year at a time. These delib- learn the information, the noncusto- run away from as the IRS. Or, we can erate evasions occur against a back- dial parent has often moved to another try to repair the State system, help drop of inconsistent State laws, inad- job. A year can pass. This scenario is States work together better, require equate staff and computer resources, played out over and over in interstate some uniformity, and help the States and a continually growing caseload due cases. by creating national databases of child to the tremendous rise in out-of-wed- This bill requires information on support orders and new hires. That is lock births. every new hire to be filed in a national the path that I and a number of my Expanded paternity establishment is database, which States can regularly colleagues of both parties have chosen key to improving interstate child sup- search for the names or Social Security in developing the bill we introduce port enforcement. Every year more numbers of parents who owe support to today. than 1 million children are born to un- children in their States. About 17.6 million children live with married women, about one-fourth of all To eliminate the problems associated just one parent. There are almost 10 births that year. About 57 percent of with establishing a support order across State lines, my bill requires the million women who are raising chil- black children, 23 percent of Hispanic States to expand their long-arm stat- dren on their own. Almost one-third of children, and 17 percent of white chil- utes to reach more out-of-State non- them live below the poverty level. Less dren born in 1990 were born to unwed custodial parents. It requires States to than 60 percent have child support or- mothers. In 1990, 68 percent of all recognize and enforce child support or- ders. Only half of those who have child births to women between the ages of 15 ders from other States, and it also re- support orders receive the full amount to 19 were out of wedlock. quires all States to adopt the Uniform due. Out-of-wedlock births need not auto- Interstate Family Support Act, adopt- Mothers who do not receive child matically consign a mother and chil- ed by the National Conference of Com- support do all they can to remain off of dren to poverty. They can be handled missioners on Uniform State Laws, welfare. By definition, almost every like a divorce; support can be ordered verbatim so that inconsistencies be- family receiving Aid to Families with and enforced. But in about one-quarter tween the States in case processing and Dependent Children should be receiving of the cases, the State cannot even get enforcement can be eliminated. child support, except in cases where started, because they cannot obtain Even where a support order has been one parent is deceased or in the small any information about the father. established, custodial parents still number of two-parent families partici- Many of the paternity establishment have problems collecting money, espe- pating in the AFDC–UP program. When provisions of my earlier bill were cially in interstate cases. In response, we talk about welfare, we have to rec- passed in the 1993 budget package, this bill requires the States to take ognize that for every woman who is which required States to establish hos- tougher measures against parents who raising children, receiving welfare and pital-based paternity establishment do not pay their child support. It re- not working, there is a father who is programs. These programs are now up quires them to pass laws making it not raising the children and who may and running, and are demonstrating a possible for delinquent parents to lose or may not be working. Either way, he significant increase in the number of their professional and occupational li- is exploiting welfare as much or more child support cases in which the father censes, hitting them in a sense at their than the mother who is receiving wel- can be identified, so that support can livelihood. It requires the States to fare. Tougher child support enforce- be ordered and the other enforcement hold off issuing driver’s licenses to de- ment has resulted in collections for mechanisms can kick in. About 85 per- linquent parents. It calls for the ex- 873,000 families on welfare in 1993, and cent of fathers are in touch with the panded use of credit reporting—it is in- much of that money went back to the child and mother at, or soon after, the teresting that a noncustodial parent taxpayers to make up for welfare pay- birth. Many fathers visit their children can be delinquent on a car loan and ments already made. in the hospital or birthing center. Pro- that fact can be reported on a credit re- If this Congress undertakes a serious grams that target these fathers and port, but the fact that he or she is de- effort at welfare reform, child support provide opportunities for them to ac- linquent on child support might not be enforcement along the lines we propose knowledge paternity can do a lot to cut reported. In addition, this bill requires today must be a part of it. I am very down on the number of children for the States to intercept lottery pleased that my colleagues in the whom paternity has not been estab- winnings, money judgments, and other House of Representatives, especially lished. income of noncustodial parents who Congresswomen MARGE ROUKEMA and For the situations where the father owe child support. This bill also re- NANCY JOHNSON, were able to persuade was not targeted at the hospital, this quires the States to make it easier to the leadership of the Ways and Means bill contains provisions which would freeze the bank accounts of delinquent Committee to expand the Contract make it easier for paternity to be es- parents, and requires the States to With America’s welfare reform bill to tablished by courts or administrative make it a State crime to willfully fail include comprehensive child support agencies. It makes it less difficult to to pay child support. reform. But as I said last year, if wel- locate out-of-State fathers by expand- Finally, this bill responds to staffing fare reform continues to be delayed by ing the locate information and services the training issues which have plagued controversy, we must not allow child available to custodial parents and child child support professionals for decades. support to be delayed along with it. support professionals. It mandates In a GAO report I and the other con- There is consensus on child support, changes in evidence standards which gressional members of the commission and there are also three times as many remove many of the obstacles that now requested, it was reported that the av- mothers due child support who are not exist to paternity establishment across erage caseload per child support case eligible for welfare as are. They should State lines. It provides State child sup- worker is 1,000 cases. Can you imagine, not have to wait until we fix the wel- port agencies for the first time with a Mr. President, 1,000 cases? This bill re- fare system before they receive the Federal incentive to work on estab- quires the Department of Health and support due them. lishing paternity, not just collecting Human Services to conduct staffing The link to welfare makes child sup- child support that has already been or- studies in every State and report such port a valid concern of the Federal dered. findings to this body and the States. It Government, but it is also a Federal Even when parentage is established, also requires the Office of Child Sup- concern because one-third of all child custodial parents always seem to be port Enforcement to make training as- support cases are interstate cases, one step behind noncustodial parents. sistance available to State child sup- which means that the parents live in If a noncustodial parent gets a job in port agencies.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2873 Mr. President, this bill represents a Sec. 122. Centralized collection and disburse- such central case registry under this para- consensus, an overdue consensus, about ment of support payments. graph or section 454A(e), if requested by ei- the kinds of repairs that are needed in Sec. 123. Amendments concerning income ther party subject to such order.’’. withholding. the child support system. It began with (b) STATE PLAN REQUIREMENTS.—Section Sec. 124. Locator information from inter- 454 (42 U.S.C. 654) is amended— the recommendations of the U.S. Com- state networks. (1) by striking paragraph (4) and inserting mission on Interstate Child Support Sec. 125. Expanded Federal parent locator the following new paragraph: Enforcement, of which I was a member. service. ‘‘(4) provide that such State will under- I put those recommendations forward Sec. 126. Use of social security numbers. take— as legislation in 1992, as did my col- Subtitle D—Streamlining and Uniformity of ‘‘(A) to provide appropriate services under leagues on the commission, Represent- Procedures this part to— atives MARGE ROUKEMA and BARBARA Sec. 131. Adoption of uniform State laws. ‘‘(i) each child with respect to whom an as- signment is effective under section 402(a)(26), KENNELLY. Last year, the administra- Sec. 132. Improvements to full faith and 471(a)(17), or 1912 (except in cases in which tion took those central recommenda- credit for child support orders. Sec. 133. State laws providing expedited pro- the State agency determines, in accordance tions and added some detail about the cedures. with paragraph (25), that it is against the national databases of child support or- Subtitle E—Paternity Establishment best interests of the child to do so); and ders and new hires. Late last year and ‘‘(ii) each child not described in clause (i)— Sec. 141. State laws concerning paternity es- ‘‘(I) with respect to whom an individual ap- early this year, the House Caucus on tablishment. plies for such services; or Women’s Issues took up the subject, Sec. 142. Outreach for voluntary paternity ‘‘(II) on and after October 1, 1998, with re- and earlier this month introduced a establishment. bill modeled on the administration’s spect to whom a support order is recorded in Subtitle F—Establishment and Modification the central State case registry established and my earlier bill. The bill we intro- of Support Orders under section 454A, if application is made for duce today is intended to be the Senate Sec. 151. National Child Support Guidelines services under this part.’’; companion to H.R. 785, the Johnson bill Commission. (2) in paragraph (6)— in the House, with only minor dif- Sec. 152. Simplified process for review and (A) by striking ‘‘(6) provide that’’ and all ferences. adjustment of child support or- that follows through subparagraph (A) and I ask unanimous consent that the ders. inserting the following: text of the bill and a summary be in- Subtitle G—Enforcement of Support Orders ‘‘(6) provide that— ‘‘(A) services under the State plan shall be serted in the RECORD. Sec. 161. Federal income tax refund offset. made available to nonresidents on the same There being no objection, the mate- Sec. 162. Internal Revenue Service collec- tion of arrearages. terms as to residents;’’; rial was ordered to be printed in the Sec. 163. Authority to collect support from (B) in subparagraph (B)— RECORD, as follows: Federal employees. (i) by inserting ‘‘on individuals not receiv- S. 456 Sec. 164. Enforcement of child support obli- ing assistance under part A’’ after ‘‘such Be it enacted by the Senate and House of Rep- gations of members of the services shall be imposed’’; and resentatives of the United States of America in Armed Forces. (ii) by inserting ‘‘but no fees or costs shall Congress assembled, Sec. 165. Motor vehicle liens. be imposed on any absent or custodial parent Sec. 166. Voiding of fraudulent transfers. or other individual for inclusion in the cen- SECTION 1. SHORT TITLE; REFERENCE; TABLE OF Sec. 167. State law authorizing suspension of CONTENTS. tral State registry maintained pursuant to licenses. section 454A(e)’’; (a) SHORT TITLE.—This Act may be cited as Sec. 168. Reporting arrearages to credit bu- (C) in each of subparagraphs (B), (C), (D), the ‘‘Interstate Child Support Responsibility reaus. Act of 1995’’. and (E), by indenting such subparagraph and Sec. 169. Extended statute of limitation for aligning its left margin with the left margin (b) REFERENCE TO SOCIAL SECURITY ACT.— collection of arrearages. of subparagraph (A); and Except as otherwise specifically provided, Sec. 170. Charges for arrearages. wherever in this Act an amendment is ex- (D) in each of subparagraphs (B), (C), and Sec. 171. Denial of passports for nonpayment (D), by striking the final comma and insert- pressed in terms of an amendment to or re- of child support. peal of a section or other provision, the ref- ing a semicolon. Sec. 172. International child support en- (c) CONFORMING AMENDMENTS.— erence shall be considered to be made to that forcement. section or other provision of the Social Secu- (1) PATERNITY ESTABLISHMENT PERCENT- Subtitle H—Medical Support rity Act. AGE.—Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is amended by striking ‘‘454(6)’’ (c) TABLE OF CONTENTS.—The table of con- Sec. 181. Technical correction to ERISA def- tents of this Act is as follows: inition of medical child support each place it appears and inserting order. ‘‘454(4)(A)(ii)’’. Sec. 1. Short title; reference; table of con- Subtitle I—Access and Visitation Programs (2) STATE PLAN.—Section 454(23) (42 U.S.C. tents. 654(23)) is amended, effective October 1, 1998, Sec. 191. Grants to States for access and visi- TITLE I—IMPROVEMENTS TO THE CHILD by striking ‘‘information as to any applica- tation programs. SUPPORT COLLECTION SYSTEM tion fees for such services and’’. Subtitle A—Eligibility and Other Matters TITLE II—EFFECT OF ENACTMENT (3) PROCEDURES TO IMPROVE ENFORCE- Concerning Title IV–D Program Clients Sec. 201. Effective dates. MENT.—Section 466(a)(3)(B) (42 U.S.C. Sec. 202. Severability. Sec. 101. State obligation to provide pater- 666(a)(3)(B)) is amended by striking ‘‘in the nity establishment and child TITLE I—IMPROVEMENTS TO THE CHILD case of overdue support which a State has support enforcement services. SUPPORT COLLECTION SYSTEM agreed to collect under section 454(6)’’ and Sec. 102. Distribution of payments. Subtitle A—Eligibility and Other Matters inserting ‘‘in any other case’’. Sec. 103. Rights to notification and hear- Concerning Title IV–D Program Clients (4) DEFINITION OF OVERDUE SUPPORT.—Sec- ings. tion 466(e) (42 U.S.C. 666(e)) is amended by SEC. 101. STATE OBLIGATION TO PROVIDE PA- striking ‘‘or (6)’’. Sec. 104. Privacy safeguards. TERNITY ESTABLISHMENT AND Subtitle B—Program Administration and CHILD SUPPORT ENFORCEMENT SEC. 102. DISTRIBUTION OF PAYMENTS. Funding SERVICES. (a) DISTRIBUTIONS THROUGH STATE CHILD (a) STATE LAW REQUIREMENTS.—Section SUPPORT ENFORCEMENT AGENCY TO FORMER Sec. 111. Federal matching payments. 466(a) (42 U.S.C. 666(a)) is amended by adding ASSISTANCE RECIPIENTS.—Section 454(5) (42 Sec. 112. Performance-based incentives and at the end the following new paragraph: U.S.C. 654(5)) is amended— penalties. ‘‘(12) Procedures under which— (1) in subparagraph (A)— Sec. 113. Federal and State reviews and au- ‘‘(A) every child support order established (A) by inserting ‘‘except as otherwise spe- dits. or modified in the State on or after October cifically provided in section 464 or 466(a)(3),’’ Sec. 114. Required reporting procedures. 1, 1998, is recorded in the central case reg- after ‘‘is effective,’’; and Sec. 115. Automated data processing require- istry established in accordance with section (B) by striking ‘‘except that’’ and all that ments. 454A(e); and follows through the semicolon; and Sec. 116. Director of CSE program; staffing ‘‘(B) child support payments are collected (2) in subparagraph (B), by striking ‘‘, ex- study. through the centralized collections unit es- cept’’ and all that follows through ‘‘medical Sec. 117. Funding for secretarial assistance tablished in accordance with section 454B— assistance’’. to State programs. ‘‘(i) on and after October 1, 1998, under each (b) DISTRIBUTION TO A FAMILY CURRENTLY Sec. 118. Data collection and reports by the order subject to wage withholding under sec- RECEIVING AFDC.—Section 457 (42 U.S.C. 657) Secretary. tion 466(b); and is amended— Subtitle C—Locate and Case Tracking ‘‘(ii) on and after October 1, 1999, under (1) by striking subsection (a) and redesig- Sec. 121. Central State and case registry. each other order required to be recorded in nating subsection (b) as subsection (a);

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2874 CONGRESSIONAL RECORD — SENATE February 16, 1995 (2) in subsection (a), as redesignated— State agency under this part during any ‘‘(1) the Consumer Price Index (as prepared (A) in the matter preceding paragraph (2), month as support of a child who is not re- by the Department of Labor) for the third to read as follows: ceiving assistance under part A (or of a par- quarter of the preceding calendar year, to ‘‘(a) IN THE CASE OF A FAMILY RECEIVING ent or caretaker relative of such a child) ‘‘(2) such Consumer Price Index for the AFDC.—Amounts collected under this part shall (subject to the remaining provisions of third quarter of calendar year 1996, during any month as support of a child who this section) be distributed as follows: and rounding the product, if not a multiple is receiving assistance under part A (or a ‘‘(1) first, amounts equal to the total of of $10, to the nearer multiple of $10.’’. parent or caretaker relative of such a child) such support owed for such month shall be SEC. 103. RIGHTS TO NOTIFICATION AND HEAR- shall (except in the case of a State exercising paid to the family; INGS. the option under subsection (b)) be distrib- ‘‘(2) second, from any remainder, amounts (a) IN GENERAL.—Section 454 (42 U.S.C. 654), uted as follows: equal to arrearages of such support obliga- as amended by section 102(f), is amended by ‘‘(1) an amount equal to the amount that tions for months during which such child did inserting after paragraph (11) the following will be disregarded pursuant to section not receive assistance under part A shall be new paragraph: 402(a)(8)(A)(vi) shall be taken from each of— paid to the family; ‘‘(12) establish procedures to provide that— ‘‘(A) the amounts received in a month ‘‘(3) third, from any remainder, amounts ‘‘(A) individuals who are applying for or re- which represent payments for that month; equal to arrearages of such support obliga- ceiving services under this part, or are par- and tions assigned to the State making the col- ties to cases in which services are being pro- ‘‘(B) the amounts received in a month lection pursuant to part A shall be retained vided under this part— which represent payments for a prior month and used by such State to pay any such ar- ‘‘(i) receive notice of all proceedings in which were made by the absent parent in rearages (with appropriate reimbursement of which support obligations might be estab- that prior month; the Federal Government to the extent of its lished or modified; and and shall be paid to the family without af- participation in the financing); and ‘‘(ii) receive a copy of any order estab- fecting its eligibility for assistance or de- ‘‘(4) fourth, from any remainder, amounts lishing or modifying a child support obliga- creasing any amount otherwise payable as equal to arrearages of such support obliga- tion, or (in the case of a petition for modi- assistance to such family during such tions assigned to any other State pursuant fication) a notice of determination that month;’’; to part A shall be paid to such other State or there should be no change in the amount of (B) in paragraph (4), by striking ‘‘or (B)’’ States, and used to pay such arrearages, in the child support award, within 14 days after and all that follows through the period and the order in which such arrearages accrued issuance of such order or determination; inserting ‘‘; then (B) from any remainder, (with appropriate reimbursement of the Fed- ‘‘(B) individuals applying for or receiving amounts equal to arrearages of such support eral Government to the extent of its partici- services under this part have access to a fair obligations assigned, pursuant to part A, to pation in the financing).’’. hearing or other formal complaint procedure any other State or States shall be paid to (2) EFFECTIVE DATE.—The amendment that meets standards established by the Sec- such other State or States and used to pay made by paragraph (1) shall become effective retary and ensures prompt consideration and any such arrearages (with appropriate reim- on October 1, 1999. resolution of complaints (but the resort to (d) DISTRIBUTION TO A CHILD RECEIVING AS- bursement of the Federal Government to the such procedure shall not stay the enforce- SISTANCE UNDER TITLE IV–E.—Section 457(d) extent of its participation in the financing); ment of any support order); and (42 U.S.C. 657(d)) is amended, in the matter and then (C) any remainder shall be paid to ‘‘(C) the State may not provide to any non- preceding paragraph (1), by striking ‘‘Not- the family.’’. custodial parent of a child representation re- (3) by inserting after subsection (a), as re- withstanding the preceding provisions of this section, amounts’’ and inserting the fol- lating to the establishment or modification designated, the following new subsection: of an order for the payment of child support ‘‘(b) ALTERNATIVE DISTRIBUTION IN CASE OF lowing: ‘‘(d) DISTRIBUTIONS IN CASE OF A CHILD RE- with respect to that child, unless the State FAMILY RECEIVING AFDC.—In the case of a CEIVING ASSISTANCE UNDER TITLE IV–E.— makes provision for such representation out- State electing the option under this sub- side the State agency;’’. section, amounts collected as described in Amounts’’. (e) REGULATIONS.—The Secretary of Health (b) EFFECTIVE DATE.—The amendment subsection (a) shall be distributed as follows: and Human Services shall promulgate regu- made by subsection (a) shall become effec- ‘‘(1) an amount equal to the amount that lations— tive on October 1, 1997. will be disregarded pursuant to section (1) under part D of title IV of the Social SEC. 104. PRIVACY SAFEGUARDS. 402(a)(8)(A)(vi) shall be taken from each of— Security Act, establishing a uniform nation- (a) STATE PLAN REQUIREMENT.—Section 454 ‘‘(A) the amounts received in a month wide standard for allocation of child support (42 U.S.C. 454) is amended— which represent payments for that month; collections from an obligor owing support to (1) by striking ‘‘and’’ at the end of para- and more than 1 family; and graph (23); ‘‘(B) the amounts received in a month (2) under part A of such title, establishing (2) by striking the period at the end of which represent payments for a prior month standards applicable to States electing the paragraph (24) and inserting ‘‘; and’’; and which were made by the absent parent in alternative formula under section 457(b) of (3) by adding after paragraph (24) the fol- that prior month; such Act for distribution of collections on lowing: and shall be paid to the family without af- behalf of families receiving Aid to Families ‘‘(25) provide that the State will have in ef- fecting its eligibility for assistance or de- with Dependent Children, designed to mini- fect safeguards applicable to all sensitive creasing any amount otherwise payable as mize irregular monthly payments to such and confidential information handled by the assistance to such family during such families. State agency designed to protect the privacy month; (f) CLERICAL AMENDMENTS.—Section 454 (42 rights of the parties, including— ‘‘(2) second, from any remainder, amounts U.S.C. 654) is amended— ‘‘(A) safeguards against unauthorized use equal to the balance of support owed for the (1) in paragraph (11)— or disclosure of information relating to pro- current month shall be paid to the family; (A) by striking ‘‘(11)’’ and inserting ceedings or actions to establish paternity, or ‘‘(3) third, from any remainder, amounts ‘‘(11)(A)’’; and to establish or enforce support; equal to arrearages of such support obliga- (B) by inserting after the semicolon ‘‘and’’; ‘‘(B) prohibitions on the release of informa- tions assigned, pursuant to part A, to the and tion on the whereabouts of 1 party to an- State making the collection shall be re- (2) by redesignating paragraph (12) as sub- other party against whom a protective order tained and used by such State to pay any paragraph (B) of paragraph (11). with respect to the former party has been en- such arrearages (with appropriate reimburse- (g) MANDATORY CHILD SUPPORT PASS- tered; and THROUGH.— ment of the Federal Government to the ex- ‘‘(C) prohibitions on the release of informa- (1) IN GENERAL.—Section 402(a)(8)(A)(vi) (42 tent of its participation in the financing); tion on the whereabouts of 1 party to an- U.S.C. 602(a)(8)(A)(vi)) is amended— ‘‘(4) fourth, from any remainder, amounts other party if the State has reason to believe (A) by striking ‘‘$50’’ each place it appears equal to arrearages of such support obliga- that the release of the information may re- and inserting ‘‘$50, or, if greater, $50 adjusted tions assigned, pursuant to part A, to any sult in physical or emotional harm to the by the CPI (as prescribed in section 406(i));’’; other State or States shall be paid to such former party.’’. and other State or States and used to pay any (b) EFFECTIVE DATE.—The amendment such arrearages (with appropriate reimburse- (B) by striking the semicolon at the end made by subsection (a) shall become effec- ment of the Federal Government to the ex- and inserting ‘‘or, in lieu of each dollar tive on October 1, 1997. tent of its participation in the financing); amount specified in this clause, such greater and amount as the State may choose (and pro- Subtitle B—Program Administration and ‘‘(5) fifth, any remainder shall be paid to vide for in its State plan);’’. Funding the family.’’. (2) CPI ADJUSTMENT.—Section 406 (42 U.S.C. SEC. 111. FEDERAL MATCHING PAYMENTS. (c) DISTRIBUTION TO A FAMILY NOT RECEIV- 606) is amended by adding at the end the fol- (a) INCREASED BASE MATCHING RATE.—Sec- ING AFDC.— lowing new subsection: tion 455(a)(2) (42 U.S.C. 655(a)(2)) is amended (1) IN GENERAL.—Section 457(c) (42 U.S.C. ‘‘(i) For purposes of this part, an amount is to read as follows: 657(c)) is amended to read as follows: ‘adjusted by the CPI’ for any month in a cal- ‘‘(2) The applicable percent for a quarter ‘‘(c) DISTRIBUTIONS IN CASE OF FAMILY NOT endar year by multiplying the amount in- for purposes of paragraph (1)(A) is— RECEIVING AFDC.—Amounts collected by a volved by the ratio of— ‘‘(A) for fiscal year 1997, 69 percent,

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‘‘(B) for fiscal year 1998, 72 percent, and ‘‘(5) RECYCLING OF INCENTIVE ADJUST- (B) in subparagraph (A), as redesignated, ‘‘(C) for fiscal year 1999 and succeeding fis- MENT.—A State shall expend in the State by striking ‘‘the percentage of children born cal years, 75 percent.’’. program under this part all funds paid to the out-of-wedlock in the State’’ and inserting (b) MAINTENANCE OF EFFORT.—Section 455 State by the Federal Government as a result ‘‘the percentage of children in the State who (42 U.S.C. 655) is amended— of an incentive adjustment under this sec- are born out of wedlock or for whom support (1) in subsection (a)(1), in the matter pre- tion. has not been established’’; and ceding subparagraph (A), by striking ‘‘From’’ ‘‘(b) MEANING OF TERMS.— (C) in subparagraph (B), as redesignated— and inserting ‘‘Subject to subsection (c), ‘‘(1) STATEWIDE PATERNITY ESTABLISHMENT (i) by inserting ‘‘and overall performance from’’; and PERCENTAGE.— in child support enforcement’’ after ‘‘pater- (2) by inserting after subsection (b) the fol- ‘‘(A) IN GENERAL.—For purposes of this sec- nity establishment percentages’’; and lowing new subsection: tion, the term ‘Statewide paternity estab- (ii) by inserting ‘‘and securing support’’ be- ‘‘(c) Notwithstanding the provisions of sub- lishment percentage’ means, with respect to fore the period. section (a), total expenditures for the State a fiscal year, the ratio (expressed as a per- (e) REDUCTION OF PAYMENTS UNDER PART D program under this part for fiscal year 1997 centage) of— OF TITLE IV.— and each succeeding fiscal year (excluding 1- ‘‘(i) the total number of out-of-wedlock (1) NEW REQUIREMENTS.—Section 455 (42 time capital expenditures for automation), children in the State under 1 year of age for U.S.C. 655) is amended— reduced by the percentage specified for such whom paternity is established or acknowl- (A) by redesignating subsection (e) as sub- fiscal year under subsection (a)(2) shall not edged during the fiscal year, to section (f); and be less than such total expenditures for fis- ‘‘(ii) the total number of children requiring (B) by inserting after subsection (d) the cal year 1996, reduced by 66 percent.’’. paternity establishment born in the State following new subsection: SEC. 112. PERFORMANCE-BASED INCENTIVES during such fiscal year. ‘‘(e)(1) Notwithstanding any other provi- AND PENALTIES. ‘‘(B) ALTERNATIVE MEASUREMENT.—The sion of law, if the Secretary finds, with re- (a) INCENTIVE ADJUSTMENTS TO FEDERAL Secretary shall develop an alternate method spect to a State program under this part in MATCHING RATE.—Section 458 (42 U.S.C. 658) of measurement for the Statewide paternity a fiscal year beginning on or after October 1, is amended to read as follows: establishment percentage for any State that 1997— ‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE does not record the out-of-wedlock status of ‘‘(A)(i) on the basis of data submitted by a ‘‘SEC. 458. (a) INCENTIVE ADJUSTMENT.— children on birth certificates. State pursuant to section 454(15)(B), that the ‘‘(1) IN GENERAL.—In order to encourage ‘‘(2) The term ‘overall performance in child State program in such fiscal year failed to and reward State child support enforcement support enforcement’ means a measure or achieve the IV–D paternity establishment programs which perform in an effective man- measures of the effectiveness of the State percentage (as defined in section 452(g)(2)(A)) ner, the Federal matching rate for payments agency in a fiscal year which takes into ac- or the appropriate level of overall perform- to a State under section 455(a)(1)(A), for each count factors including— ance in child support enforcement (as de- fiscal year beginning on or after October 1, ‘‘(A) the percentage of cases requiring a fined in section 458(b)(2)), or to meet other 1998, shall be increased by a factor reflecting child support order in which such an order performance measures that may be estab- the sum of the applicable incentive adjust- was established; lished by the Secretary, or ments (if any) determined in accordance ‘‘(B) the percentage of cases in which child ‘‘(ii) on the basis of an audit or audits of with regulations under this section with re- support is being paid; such State data conducted pursuant to sec- spect to Statewide paternity establishment ‘‘(C) the ratio of child support collected to tion 452(a)(4)(C), that the State data sub- and to overall performance in child support child support due; and mitted pursuant to section 454(15)(B) is in- enforcement. ‘‘(D) the cost-effectiveness of the State complete or unreliable; and ‘‘(2) STANDARDS.— program, as determined in accordance with ‘‘(B) that, with respect to the succeeding ‘‘(A) IN GENERAL.—The Secretary shall standards established by the Secretary in fiscal year— specify in regulations— regulations.’’. ‘‘(i) the State failed to take sufficient cor- ‘‘(i) the levels of accomplishment, and (b) ADJUSTMENT OF PAYMENTS UNDER PART rective action to achieve the appropriate rates of improvement as alternatives to such D OF TITLE IV.—Section 455(a)(2) (42 U.S.C. performance levels as described in subpara- levels, which States must attain to qualify 655(a)(2)), as amended by section 111(a), is graph (A)(i) of this paragraph, or for incentive adjustments under this section; amended— ‘‘(ii) the data submitted by the State pur- and (1) by striking the period at the end of sub- suant to section 454(15)(B) is incomplete or ‘‘(ii) the amounts of incentive adjustment paragraph (C) and inserting a comma; and unreliable, that shall be awarded to States achieving (2) by adding after and below subparagraph the amounts otherwise payable to the State specified accomplishment or improvement (C), flush with the left margin of the para- under this part for quarters following the levels, which amounts shall be graduated, graph, the following: end of such succeeding fiscal year, prior to ranging up to— ‘‘increased by the incentive adjustment fac- quarters following the end of the first quar- ‘‘(I) 5 percentage points, in connection tor (if any) determined by the Secretary pur- ter throughout which the State program is with Statewide paternity establishment; and suant to section 458.’’. in compliance with such performance re- ‘‘(II) 10 percentage points, in connection (c) CONFORMING AMENDMENTS.—Section quirement, shall be reduced by the percent- with overall performance in child support 454(22) (42 U.S.C. 654(22)) is amended— age specified in paragraph (2). enforcement. (1) by striking ‘‘incentive payments’’ the ‘‘(2) The reductions required under para- ‘‘(B) LIMITATION.—In setting performance first place it appears and inserting ‘‘incen- graph (1) shall be— standards pursuant to subparagraph (A)(i) tive adjustments’’; and ‘‘(A) not less than 3 nor more than 5 per- and adjustment amounts pursuant to sub- (2) by striking ‘‘any such incentive pay- cent, or paragraph (A)(ii), the Secretary shall ensure ments made to the State for such period’’ ‘‘(B) not less than 5 nor more than 7 per- that the aggregate number of percentage and inserting ‘‘any increases in Federal pay- cent, if the finding is the second consecutive point increases as incentive adjustments to ments to the State resulting from such in- finding made pursuant to paragraph (1), or all States do not exceed such aggregate in- centive adjustments’’. ‘‘(C) not less than 7 nor more than 10 per- creases as assumed by the Secretary in esti- (d) CALCULATION OF IV–D PATERNITY ES- cent, if the finding is the third or a subse- mates of the cost of this section as of June TABLISHMENT PERCENTAGE.— quent consecutive such finding. 1995, unless the aggregate performance of all (1) OVERALL PERFORMANCE.—Section ‘‘(3) For purposes of this subsection, sec- States exceeds the projected aggregate per- 452(g)(1) (42 U.S.C. 652(g)(1)) is amended in tion 402(a)(27), and section 452(a)(4), a State formance of all States in such cost esti- the matter preceding subparagraph (A) by in- which is determined as a result of an audit mates. serting ‘‘its overall performance in child sup- to have submitted incomplete or unreliable ‘‘(3) DETERMINATION OF INCENTIVE ADJUST- port enforcement is satisfactory (as defined data pursuant to section 454(15)(B), shall be MENT.—The Secretary shall determine the in section 458(b) and regulations of the Sec- determined to have submitted adequate data amount (if any) of incentive adjustment due retary), and’’ after ‘‘1994,’’. if the Secretary determines that the extent each State on the basis of the data sub- (2) DEFINITION.—Section 452(g)(2)(A) (42 of the incompleteness or unreliability of the mitted by the State pursuant to section U.S.C. 652(g)(2)(A)) is amended, in the matter data is of a technical nature which does not 454(15)(B) concerning the levels of accom- preceding clause (i)— adversely affect the determination of the plishment (and rates of improvement) with (A) by striking ‘‘paternity establishment level of the State’s performance.’’. respect to performance indicators specified percentage’’ and inserting ‘‘IV–D paternity (2) CONFORMING AMENDMENTS.— by the Secretary pursuant to this section. establishment percentage’’; and (A) PAYMENTS TO STATES.—Section 403 (42 ‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD- (B) by striking ‘‘(or all States, as the case U.S.C. 603) is amended by striking subsection JUSTMENT.—The total percentage point in- may be)’’. (h). crease determined pursuant to this section (3) MODIFICATION OF REQUIREMENTS.—Sec- (B) DUTIES OF SECRETARY.—Subsections with respect to a State program in a fiscal tion 452(g)(3) (42 U.S.C. 652(g)(3)) is amend- (d)(3)(A), (g)(1), and (g)(3)(A) of section 452 (42 year shall apply as an adjustment to the ap- ed— U.S.C. 652) are each amended by striking plicable percent under section 455(a)(2) for (A) by striking subparagraph (A) and redes- ‘‘403(h)’’ and inserting ‘‘455(e)’’. payments to such State for the succeeding ignating subparagraphs (B) and (C) as sub- (f) EFFECTIVE DATES.— fiscal year. paragraphs (A) and (B), respectively; (1) INCENTIVE ADJUSTMENTS.—

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(A) IN GENERAL.—The amendments made lations implementing such requirements, ‘‘(b) PROGRAM MANAGEMENT.—The auto- by subsections (a), (b), and (c) shall become concerning performance standards and reli- mated system required under this section effective on October 1, 1997, except to the ex- ability of program data) to assess the com- shall perform such functions as the Sec- tent provided in subparagraph (B). pleteness, reliability, and security of the retary may specify relating to management (B) EXCEPTION.—Section 458 of the Social data, and the accuracy of the reporting sys- of the program under this part, including— Security Act, as in effect prior to the enact- tems, used for the calculations of perform- ‘‘(1) controlling and accounting for use of ment of this section, shall be effective for ance indicators specified in subsection (g) Federal, State, and local funds to carry out purposes of incentive payments to States for and section 458; such program; and fiscal years prior to fiscal year 1999. ‘‘(ii) of the adequacy of financial manage- ‘‘(2) maintaining the data necessary to (2) PENALTY REDUCTIONS.— ment of the State program, including assess- meet Federal reporting requirements on a (A) IN GENERAL.—The amendments made ments of— timely basis. by subsection (d) shall become effective with ‘‘(I) whether Federal and other funds made ‘‘(c) CALCULATION OF PERFORMANCE INDICA- respect to calendar quarters beginning on available to carry out the State program TORS.—In order to enable the Secretary to and after the date of the enactment of this under this part are being appropriately ex- determine the incentive and penalty adjust- Act. pended, and are properly and fully accounted ments required by sections 452(g) and 458, the (B) REDUCTIONS.—The amendments made for; and State agency shall— by subsection (e) shall become effective with ‘‘(II) whether collections and disburse- ‘‘(1) use the automated system— respect to calendar quarters beginning on ments of support payments and program in- ‘‘(A) to maintain the requisite data on and after the date 1 which is year after the come are carried out correctly and are prop- State performance with respect to paternity date of the enactment of this Act. erly and fully accounted for; and establishment and child support enforcement SEC. 113. FEDERAL AND STATE REVIEWS AND AU- ‘‘(iii) for such other purposes as the Sec- in the State; and DITS. retary may find necessary;’’. ‘‘(B) to calculate the IV–D paternity estab- (a) STATE AGENCY ACTIVITIES.—Section 454 (c) EFFECTIVE DATE.—The amendments lishment percentage and overall performance (42 U.S.C. 654) is amended— made by this section shall be effective with in child support enforcement for the State (1) in paragraph (14)— respect to calendar quarters beginning on or for each fiscal year; and (A) by striking ‘‘(14)’’ and inserting after the date which is 1 year after the en- ‘‘(2) have in place systems controls to en- ‘‘(14)(A)’’; and actment of this section. sure the completeness, and reliability of, and (B) by inserting after the semicolon ‘‘and’’; SEC. 114. REQUIRED REPORTING PROCEDURES. ready access to, the data described in para- (2) by redesignating paragraph (15) as sub- (a) ESTABLISHMENT.—Section 452(a)(5) (42 graph (1)(A), and the accuracy of the calcula- paragraph (B) of paragraph (14); and U.S.C. 652(a)(5)) is amended by inserting ‘‘, tions described in paragraph (1)(B). (3) by inserting after paragraph (14) the fol- and establish procedures to be followed by ‘‘(d) INFORMATION INTEGRITY AND SECU- lowing new paragraph: States for collecting and reporting informa- RITY.—The State agency shall have in effect ‘‘(15) provide for— tion required to be provided under this part, safeguards on the integrity, accuracy, and ‘‘(A) a process for annual reviews of and re- and establish uniform definitions (including completeness of, access to, and use of data in ports to the Secretary on the State program those necessary to enable the measurement the automated system required under this under this part— of State compliance with the requirements section, which shall include the following (in ‘‘(i) which shall include such information of this part relating to expedited processes addition to such other safeguards as the Sec- as may be necessary to measure State com- and timely case processing) to be applied in retary specifies in regulations): pliance with Federal requirements for expe- following such procedures’’ before the semi- ‘‘(1) POLICIES RESTRICTING ACCESS.—Written dited procedures and timely case processing, colon. policies concerning access to data by State using such standards and procedures as are (b) STATE PLAN REQUIREMENT.—Section 454 agency personnel, and sharing of data with required by the Secretary; and (42 U.S.C. 654), as amended by section 104(a), other persons, which— ‘‘(ii) under which the State agency will de- is amended— ‘‘(A) permit access to and use of data only termine the extent to which such program is (1) by striking ‘‘and’’ at the end of para- to the extent necessary to carry out program in conformity with applicable requirements graph (24); responsibilities; with respect to the operation of State pro- (2) by striking the period at the end of ‘‘(B) specify the data which may be used grams under this part (including the status paragraph (25) and inserting ‘‘; and’’; and for particular program purposes, and the per- of complaints filed under the procedure re- (3) by adding after paragraph (25) the fol- sonnel permitted access to such data; and quired under paragraph (12)(B)); and lowing: ‘‘(C) ensure that data obtained or disclosed ‘‘(B) a process of extracting from the State ‘‘(26) provide that the State shall use the for a limited program purpose is not used or automated data processing system and definitions established under section 452(a)(5) redisclosed for another, impermissible pur- transmitting to the Secretary data and cal- in collecting and reporting information as pose. culations concerning the levels of accom- required under this part.’’. ‘‘(2) SYSTEMS CONTROLS.—Systems controls plishment (and rates of improvement) with (such as passwords or blocking of fields) to respect to applicable performance indicators SEC. 115. AUTOMATED DATA PROCESSING RE- QUIREMENTS. ensure strict adherence to the policies speci- (including IV–D paternity establishment per- (a) REVISED REQUIREMENTS.— fied under paragraph (1). centages and overall performance in child (1) STATE PLAN.—Section 454(16) (42 U.S.C. ‘‘(3) MONITORING OF ACCESS.—Routine mon- support enforcement) to the extent nec- 654(16)) is amended— itoring of access to and use of the automated essary for purposes of sections 452(g) and (A) by striking ‘‘, at the option of the system, through methods such as audit trails 458.’’. State,’’; and feedback mechanisms, to guard against (b) FEDERAL ACTIVITIES.—Section 452(a)(4) (B) by inserting ‘‘and operation by the and promptly identify unauthorized access (42 U.S.C. 652(a)(4)) is amended to read as fol- or use. lows: State agency’’ after ‘‘for the establishment’’; (C) by inserting ‘‘meeting the requirements ‘‘(4) TRAINING AND INFORMATION.—The ‘‘(4)(A) review data and calculations trans- State agency shall have in effect procedures mitted by State agencies pursuant to section of section 454A’’ after ‘‘information retrieval system’’; to ensure that all personnel (including State 454(15)(B) on State program accomplish- and local agency staff and contractors) who ments with respect to performance indica- (D) by striking ‘‘in the State and localities thereof, so as (A)’’ and inserting ‘‘so as’’; may have access to or be required to use sen- tors for purposes of section 452(g) and 458, sitive or confidential program data are fully and determine the amount (if any) of penalty (E) by striking ‘‘(i)’’; and (F) by striking ‘‘(including, but not limited informed of applicable requirements and pen- reductions pursuant to section 455(e) to be alties, and are adequately trained in security applied to the State; to,’’ and all that follows and to the semi- colon. procedures. ‘‘(B) review annual reports by State agen- ‘‘(5) PENALTIES.—The State agency shall cies pursuant to section 454(15)(A) on State (2) AUTOMATED DATA PROCESSING.—Part D of title IV (42 U.S.C. 651–669) is amended by have in effect administrative penalties (up to program conformity with Federal require- and including dismissal from employment) ments; evaluate any elements of a State pro- inserting after section 454 the following new section: for unauthorized access to, or disclosure or gram in which significant deficiencies are in- use of, confidential data.’’. ‘‘AUTOMATED DATA PROCESSING dicated by such report on the status of com- (3) REGULATIONS.—Section 452 (42 U.S.C. plaints under the State procedure under sec- ‘‘SEC. 454A. (a) IN GENERAL.—In order to 652) is amended by adding at the end the fol- tion 454(12)(B); and, as appropriate, provide meet the requirements of this section, for lowing new subsection: to the State agency comments, recommenda- purposes of the requirement of section ‘‘(j) The Secretary shall prescribe final reg- tions for additional or alternative corrective 454(16), a State agency shall have in oper- ulations for implementation of the require- actions, and technical assistance; and ation a single statewide automated data ments of section 454A not later than 2 years ‘‘(C) conduct audits, in accordance with processing and information retrieval system after the date of the enactment of this sub- the government auditing standards of the which has the capability to perform the section.’’. United States Comptroller General— tasks specified in this section, and performs (4) IMPLEMENTATION TIMETABLE.—Section ‘‘(i) at least once every 3 years (or more such tasks with the frequency and in the 454(24) (42 U.S.C. 654(24)), as amended by sec- frequently, in the case of a State which fails manner specified in this part or in regula- tions 104(a)(2) and 114(b)(1), is amended to to meet requirements of this part, or of regu- tions or guidelines of the Secretary. read as follows:

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2877 ‘‘(24) provide that the State will have in ef- stating the findings and conclusions of each (D) by striking clause (iv); and fect an automated data processing and infor- study conducted under this subsection. (E) by redesignating clause (v) as clause mation retrieval system— SEC. 117. FUNDING FOR SECRETARIAL ASSIST- (vii), and inserting after clause (iii) the fol- ‘‘(A) by October 1, 1996, meeting all re- ANCE TO STATE PROGRAMS. lowing new clauses: quirements of this part which were enacted Section 452 (42 U.S.C. 652), as amended by ‘‘(iv) the total amount of support collected on or before the date of the enactment of the section 115(a)(3), is amended by adding at the during such fiscal year and distributed as Family Support Act of 1988; and end the following new subsection: current support; ‘‘(B) by October 1, 1999, meeting all re- ‘‘(k)(1) There shall be available to the Sec- ‘‘(v) the total amount of support collected quirements of this part enacted on or before retary, from amounts appropriated for fiscal during such fiscal year and distributed as ar- the date of the enactment of the Interstate year 1996 and each succeeding fiscal year for rearages; Child Support Responsibility Act of 1995 (but payments to States under this part, the ‘‘(vi) the total amount of support due and this provision shall not be construed to alter amount specified in paragraph (2) for the unpaid for all fiscal years; and’’. earlier deadlines specified for elements of costs to the Secretary for— (3) USE OF FEDERAL COURTS.—Section such system), except that such deadline shall ‘‘(A) information dissemination and tech- 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is be extended by 1 day for each day (if any) by nical assistance to States, training of State amended by striking ‘‘on the use of Federal which the Secretary fails to meet the dead- and Federal staff, staffing studies, and re- courts and’’. line imposed by section 452(j);’’. lated activities needed to improve programs (4) ADDITIONAL INFORMATION NOT NEC- (b) SPECIAL FEDERAL MATCHING RATE FOR (including technical assistance concerning ESSARY.—Section 452(a)(10) (42 U.S.C. DEVELOPMENT COSTS OF AUTOMATED SYS- State automated systems); 652(a)(10)) is amended by striking all that fol- TEMS.—Section 455(a) (42 U.S.C. 655(a)) is ‘‘(B) research, demonstration, and special lows subparagraph (I). projects of regional or national significance amended— (b) DATA COLLECTION AND REPORTING.—Sec- (1) in paragraph (1)(B)— relating to the operation of State programs tion 469 (42 U.S.C. 669) is amended— (A) by striking ‘‘90 percent’’ and inserting under this part; and (1) by striking subsections (a) and (b) and ‘‘the percent specified in paragraph (3)’’; ‘‘(C) operation of the Federal Parent Loca- inserting the following: tor Service under section 453, to the extent (B) by striking ‘‘so much of’’; and ‘‘(a) The Secretary shall collect and main- such costs are not recovered through user (C) by striking ‘‘which the Secretary’’ and tain, on a fiscal year basis, up-to-date statis- fees. all that follows through ‘‘thereof’’; and tics, by State, with respect to services to es- (2) by adding at the end the following new ‘‘(2) The amount specified in this para- graph for a fiscal year is the amount equal to tablish paternity and services to establish paragraph: child support obligations, the data specified ‘‘(3)(A) The Secretary shall pay to each a percentage of the reduction in Federal pay- ments to States under part A on account of in subsection (b), separately stated, in the State, for each quarter in fiscal year 1996, 90 case of each such service, with respect to— percent of so much of State expenditures de- child support (including arrearages) col- ‘‘(1) families (or dependent children) re- scribed in paragraph (1)(B) as the Secretary lected in the preceding fiscal year on behalf ceiving aid under plans approved under part finds are for a system meeting the require- of children receiving aid under such part A A (or E); and ments specified in section 454(16), or meeting in such preceding fiscal year (as determined ‘‘(2) families not receiving such aid. such requirements without regard to sub- on the basis of the most recent reliable data ‘‘(b) The data referred to in subsection (a) paragraph (D) thereof. available to the Secretary as of the end of ‘‘(B)(i) The Secretary shall pay to each the third calendar quarter following the end are— State, for each quarter in fiscal years 1997 of such preceding fiscal year), equal to— ‘‘(1) the number of cases in the caseload of through 2001, the percentage specified in ‘‘(A) 1 percent, for the activities specified the State agency administering the plan clause (ii) of so much of State expenditures in subparagraphs (A) and (B) of paragraph under this part in which such service is need- described in paragraph (1)(B) as the Sec- (1); and ed; and retary finds are for a system meeting the re- ‘‘(B) 2 percent, for the activities specified ‘‘(2) the number of such cases in which the quirements specified in section 454(16) and in subparagraph (C) of paragraph (1).’’. service has been provided.’’; and 454A, subject to clause (iii). SEC. 118. DATA COLLECTION AND REPORTS BY (2) in subsection (c), by striking ‘‘(a)(2)’’ ‘‘(ii) The percentage specified in this THE SECRETARY. and inserting ‘‘(b)(2)’’. clause, for purposes of clause (i), is the high- (a) ANNUAL REPORT TO CONGRESS.— (c) EFFECTIVE DATE.—The amendments er of— (1) IN GENERAL.—Section 452(a)(10)(A) (42 made by this section shall be effective with ‘‘(I) 80 percent, or U.S.C. 652(a)(10)(A)) is amended— respect to fiscal year 1996 and succeeding fis- ‘‘(II) the percentage otherwise applicable (A) by striking ‘‘this part;’’ and inserting cal years. ‘‘this part, including—’’; and to Federal payments to the State under sub- Subtitle C—Locate and Case Tracking paragraph (A) (as adjusted pursuant to sec- (B) by adding at the end the following in- SEC. 121. CENTRAL STATE AND CASE REGISTRY. tion 458).’’. dented clauses: (c) CONFORMING AMENDMENT.—Section ‘‘(i) the total amount of child support pay- Section 454A, as added by section 115(a)(2), 123(c) of the Family Support Act of 1988 (102 ments collected as a result of services fur- is amended by adding at the end the fol- Stat. 2352; Public Law 100–485) is repealed. nished during such fiscal year to individuals lowing new subsections: SEC. 116. DIRECTOR OF CSE PROGRAM; STAFFING receiving services under this part; ‘‘(e) CENTRAL CASE REGISTRY.— STUDY. ‘‘(ii) the cost to the States and to the Fed- ‘‘(1) IN GENERAL.—The automated system (a) REPORTING TO SECRETARY.—Section eral Government of furnishing such services required under this section shall perform the 452(a) (42 U.S.C. 652(a)) is amended in the to those individuals; and functions, in accordance with the provisions matter preceding paragraph (1) by striking ‘‘(iii) the number of cases involving fami- of this subsection, of a single central reg- ‘‘directly’’. lies— istry containing records with respect to each (b) STAFFING STUDIES.— ‘‘(I) who became ineligible for aid under case in which services are being provided by (1) SCOPE.—The Secretary of Health and part A during a month in such fiscal year; the State agency (including, on and after Oc- Human Services (in this subsection referred and tober 1, 1998, each order specified in section to as the ‘‘Secretary’’) shall, directly or by ‘‘(II) with respect to whom a child support 466(a)(12)), using such standardized data ele- contract, conduct studies of the staffing of payment was received in the same month;’’. ments (such as names, social security num- each State child support enforcement pro- (2) CERTAIN DATA.—Section 452(a)(10)(C) (42 bers or other uniform identification num- gram under part D of title IV of the Social U.S.C. 652(a)(10)(C)) is amended— bers, dates of birth, and case identification Security Act. Such studies shall— (A) in the matter preceding clause (i), by numbers), and containing such other infor- (A) include a review of the staffing needs striking ‘‘with the data required under each mation (such as information on case status) created by requirements for automated data clause being separately stated for cases’’ and as the Secretary may require. processing, maintenance of a central case all that follows through ‘‘part:’’ and insert- ‘‘(2) PAYMENT RECORDS.—Each case record registry and centralized collections of child ing ‘‘separately stated for cases where the in the central registry shall include a record support, and of changes in these needs re- child is receiving aid to families with de- of— sulting from changes in such requirements; pendent children (or foster care maintenance ‘‘(A) the amount of monthly (or other peri- and payments under part E), or formerly received odic) support owed under the support order, (B) examine and report on effective staff- such aid or payments and the State is con- and other amounts due or overdue (including ing practices used by the States and on rec- tinuing to collect support assigned to it arrearages, interest or late payment pen- ommended staffing procedures. under section 402(a)(26), 471(a)(17), or 1912, alties, and fees); (2) FREQUENCY OF STUDIES.—The Secretary and all other cases under this part—’’; ‘‘(B) all child support and related amounts shall complete the first staffing study re- (B) in each of clauses (i) and (ii), by strik- collected (including such amounts as fees, quired under paragraph (1) not later than Oc- ing ‘‘, and the total amount of such obliga- late payment penalties, and interest on ar- tober 1, 1997, and may conduct additional tions’’; rearages); studies subsequently at appropriate inter- (C) in clause (iii), by striking ‘‘described ‘‘(C) the distribution of such amounts col- vals. in’’ and all that follows through the semi- lected; and (3) REPORT TO THE CONGRESS.—The Sec- colon and inserting ‘‘in which support was ‘‘(D) the birth date of the child for whom retary shall submit a report to the Congress collected during the fiscal year;’’; the child support order is entered.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2878 CONGRESSIONAL RECORD — SENATE February 16, 1995

‘‘(3) UPDATING AND MONITORING.—The State ‘‘CENTRALIZED COLLECTION AND DISBURSEMENT shall become subject to withholding from agency shall promptly establish and main- OF SUPPORT PAYMENTS wages as provided in subsection (b) if arrear- tain, and regularly monitor, case records in ‘‘SEC. 454B. (a) IN GENERAL.—In order to ages occur, without the need for a judicial or the registry required by this subsection, on meet the requirement of section 454(27), the administrative hearing.’’. the basis of— State agency must operate a single, central- (2) REPEAL OF CERTAIN PROVISIONS CON- ‘‘(A) information on administrative actions ized, automated unit for the collection and CERNING ARREARAGES.—Section 466(a)(8) (42 and administrative and judicial proceedings disbursement of support payments, coordi- U.S.C. 666(a)(8)) is repealed. and orders relating to paternity and support; nated with the automated data system re- (3) PROCEDURES DESCRIBED.—Section 466(b) ‘‘(B) information obtained from matches quired under section 454A, in accordance (42 U.S.C. 666(b)) is amended— with Federal, State, or local data sources; with the provisions of this section, which (A) in the matter preceding paragraph (1), ‘‘(C) information on support collections shall be— by striking ‘‘subsection (a)(1)’’ and inserting and distributions; and ‘‘(1) operated directly by the State agency ‘‘subsection (a)(1)(A)’’; ‘‘(D) any other relevant information. (or by 2 or more State agencies under a re- (B) in paragraph (5), by striking ‘‘a public ‘‘(f) DATA MATCHES AND OTHER DISCLO- gional cooperative agreement), or by a single agency’’ and all that follows through the pe- SURES OF INFORMATION.—The automated sys- contractor responsible directly to the State riod and inserting ‘‘the State through the tem required under this section shall have agency; and centralized collections unit established pur- the capacity, and be used by the State agen- ‘‘(2) used for the collection and disburse- suant to section 454B, in accordance with the cy, to extract data at such times, and in such ment (including interstate collection and requirements of such section 454B.’’; standardized format or formats, as may be disbursement) of payments under support or- (C) in paragraph (6)(A)(i)— required by the Secretary, and to share and ders in all cases being enforced by the State (i) by inserting ‘‘, in accordance with time- match data with, and receive data from, pursuant to section 454(4). tables established by the Secretary,’’ after other data bases and data matching services, ‘‘(b) REQUIRED PROCEDURES.—The central- ‘‘must be required’’; and in order to obtain (or provide) information ized collections unit shall use automated (ii) by striking ‘‘to the appropriate agen- necessary to enable the State agency (or procedures, electronic processes, and com- cy’’ and all that follows through the period Secretary or other State or Federal agen- puter-driven technology to the maximum ex- and inserting ‘‘to the State centralized col- cies) to carry out responsibilities under this tent feasible, efficient, and economical, for lections unit within 5 working days after the part. Data matching activities of the State date such amount would (but for this sub- agency shall include at least the following: the collection and disbursement of support payments, including procedures— section) have been paid or credited to the ‘‘(1) DATA BANK OF CHILD SUPPORT OR- ‘‘(1) for receipt of payments from parents, employee, for distribution in accordance DERS.—Furnishing to the Data Bank of Child employers, and other States, and for dis- with this part.’’; Support Orders established under section (D) in paragraph (6)(A)(ii), by inserting ‘‘be 453(h) (and updating as necessary, with infor- bursements to custodial parents and other obligees, the State agency, and the State in a standard format prescribed by the Sec- mation, including notice of expiration of or- retary, and’’ after ‘‘shall’’; and ders) minimal information specified by the agencies of other States; ‘‘(2) for accurate identification of pay- (E) in paragraph (6)(D) to read as follows: Secretary on each child support case in the ‘‘(D) Provision must be made for the impo- central case registry. ments; ‘‘(3) to ensure prompt disbursement of the sition of a fine against any employer who— ‘‘(2) FEDERAL PARENT LOCATOR SERVICE.— ‘‘(i) discharges from employment, refuses Exchanging data with the Federal Parent custodial parent’s share of any payment; and ‘‘(4) to furnish to either parent, upon re- to employ, or takes disciplinary action Locator Service for the purposes specified in against any absent parent subject to wage section 453. quest, timely information on the current status of support payments.’’. withholding required by this subsection be- ‘‘(3) AFDC AND MEDICAID AGENCIES.—Ex- SE OF AUTOMATED SYSTEM.—Section cause of the existence of such withholding changing data with State agencies (of the (c) U 454A, as added by section 115(a)(2) and as and the obligations or additional obligations State and of other States) administering the amended by section 121, is amended by add- which it imposes upon the employer; or programs under part A and title XIX, as nec- ing at the end the following new subsection: ‘‘(ii) fails to withhold support from wages, essary for the performance of State agency ‘‘(g) CENTRALIZED COLLECTION AND DIS- or to pay such amounts to the State central- responsibilities under this part and under TRIBUTION OF SUPPORT PAYMENTS.—The auto- ized collections unit in accordance with this such programs. mated system required under this section subsection.’’. ‘‘(4) INTRA- AND INTERSTATE DATA shall be used, to the maximum extent fea- (b) CONFORMING AMENDMENT.—Section MATCHES.—Exchanging data with other agen- sible, to assist and facilitate collections and 466(c) (42 U.S.C. 666(c)) is repealed. cies of the State, agencies of other States, disbursement of support payments through (c) DEFINITION OF TERMS.—The Secretary of and interstate information networks, as nec- the centralized collections unit operated Health and Human Services shall promulgate essary and appropriate to carry out (or assist pursuant to section 454B, through the per- regulations providing definitions, for pur- other States to carry out) the purposes of formance of functions including at a min- poses of part D of title IV of the Social Secu- this part.’’. imum— rity Act, for the term ‘‘income’’ and for such SEC. 122. CENTRALIZED COLLECTION AND DIS- other terms relating to income withholding BURSEMENT OF SUPPORT PAY- ‘‘(1) generation of orders and notices to employers (and other debtors) for the with- under section 466(b) of such Act as the Sec- MENTS. retary may find it necessary or advisable to (a) STATE PLAN REQUIREMENT.—Section 454 holding of wages (and other income)— define. (42 U.S.C. 654), as amended by sections 104(a) ‘‘(A) within 2 working days after receipt and 114(b), is amended— (from the directory of New Hires established SEC. 124. LOCATOR INFORMATION FROM INTER- STATE NETWORKS. (1) by striking ‘‘and’’ at the end of para- under section 453(i) or any other source) of Section 466(a) (42 U.S.C. 666(a)), as amended graph (25); notice of and the income source subject to by section 123(a)(2), is amended by inserting (2) by striking the period at the end of such withholding; and after paragraph (7) the following new para- paragraph (26) and inserting ‘‘; and’’; and ‘‘(B) using uniform formats directed by the graph: (3) by adding after paragraph (26) the fol- Secretary; ‘‘(8) Procedures ensuring that the State lowing new paragraph: ‘‘(2) ongoing monitoring to promptly iden- will neither provide funding for, nor use for ‘‘(27) provide that the State agency, on and tify failures to make timely payment; and any purpose (including any purpose unre- after October 1, 1998— ‘‘(3) automatic use of enforcement mecha- lated to the purposes of this part), any auto- ‘‘(A) will operate a centralized, automated nisms (including mechanisms authorized mated interstate network or system used to unit for the collection and disbursement of pursuant to section 466(c)) where payments locate individuals— child support under orders being enforced are not timely made.’’. ‘‘(A) for purposes relating to the use of under this part, in accordance with section (d) EFFECTIVE DATE.—The amendments motor vehicles; or 454B; and made by this section shall become effective ‘‘(B) providing information for law enforce- ‘‘(B) will have sufficient State staff (con- on October 1, 1998. ment purposes (where child support enforce- sisting of State employees), and, at State op- SEC. 123. AMENDMENTS CONCERNING INCOME ment agencies are otherwise allowed access tion, contractors reporting directly to the WITHHOLDING. by State and Federal law), State agency to monitor and enforce support (a) MANDATORY INCOME WITHHOLDING.— collections through such centralized unit, in- (1) FROM WAGES.—Section 466(a)(1) (42 unless all Federal and State agencies admin- cluding carrying out the automated data U.S.C. 666(a)(1)) is amended to read as fol- istering programs under this part (including processing responsibilities specified in sec- lows: the entities established under section 453) tion 454A(g) and to impose, as appropriate in ‘‘(1)(A) Procedures described in subsection have access to information in such system or particular cases, the administrative enforce- (b) for the withholding from income of network to the same extent as any other ment remedies specified in section amounts payable as support in cases subject user of such system or network.’’. 466(c)(1).’’. to enforcement under the State plan. SEC. 125. EXPANDED FEDERAL PARENT LOCATOR (b) ESTABLISHMENT OF CENTRALIZED COL- ‘‘(B) Procedures under which all child sup- SERVICE. LECTION UNIT.—Part D of title IV (42 U.S.C. port orders issued (or modified) before Octo- (a) EXPANDED AUTHORITY TO LOCATE INDI- 651–669) is amended by adding after section ber 1, 1996, and which are not otherwise sub- VIDUALS AND ASSETS.—Section 453 (42 U.S.C. 454A the following new section: ject to withholding under subsection (b), 653) is amended—

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2879 (1) in subsection (a), by striking ‘‘informa- enue Code of 1986 (relating to disclosure of the burden on employers, which shall in- tion as to the whereabouts’’ and all that fol- certain return information by Social Secu- clude— lows through the period and inserting ‘‘, for rity Administration to State and local child ‘‘(i) automated or electronic transmission the purpose of establishing parentage, estab- support enforcement agencies) is amended— of such reports; lishing, setting the amount of, modifying, or (A) in subparagraph (A), by striking ‘‘State ‘‘(ii) transmission by regular mail; and enforcing child support obligations— or local’’ and inserting ‘‘Federal, State, or ‘‘(iii) transmission of a copy of the form re- ‘‘(1) information on, or facilitating the dis- local’’; and quired for purposes of compliance with sec- covery of, the location of any individual— (B) in subparagraph (C), by inserting ‘‘(in- tion 3402 of the Internal Revenue Code of ‘‘(A) who is under an obligation to pay cluding any entity under contract with such 1986. child support; agency)’’ after ‘‘thereof’’. ‘‘(C) EMPLOYEE DEFINED.—For purposes of ‘‘(B) against whom such an obligation is (e) TECHNICAL AMENDMENTS.— this paragraph, the term ‘employee’ means sought; or (1) Sections 452(a)(9), 453(a), 453(b), 463(a), any individual subject to the requirement of ‘‘(C) to whom such an obligation is owed, and 463(e) (42 U.S.C. 652(a)(9), 653(a), 653(b), section 3402(f)(2) of the Internal Revenue including such individual’s social security 663(a), and 663(e)) are each amended by in- Code of 1986. number (or numbers), most recent residen- serting ‘‘Federal’’ before ‘‘Parent’’ each ‘‘(D) PAPERWORK REDUCTION REQUIRE- tial address, and the name, address, and em- place it appears. MENT.—As required by the information re- ployer identification number of such individ- (2) Section 453 (42 U.S.C. 653) is amended in sources management policies published by ual’s employer; and the heading by inserting ‘‘FEDERAL’’ before the Director of the Office of Management ‘‘(2) information on the individual’s wages ‘‘PARENT’’. and Budget pursuant to section 3504(b)(1) of (or other income) from, and benefits of, em- (f) NEW COMPONENTS.—Section 453 (42 title 44, United States Code, the Secretary, ployment (including rights to or enrollment U.S.C. 653), as amended by subsection (c)(2), in order to minimize the cost and reporting in group health care coverage); and is amended by adding at the end the fol- burden on employers, shall not require re- ‘‘(3) information on the type, status, loca- lowing new subsections: porting pursuant to this paragraph if an al- tion, and amount of any assets of, or debts ‘‘(h) DATA BANK OF CHILD SUPPORT OR- ternative reporting mechanism can be devel- owed by or to, any such individual.’’; DERS.— oped that either relies on existing Federal or (2) in subsection (b)— ‘‘(1) IN GENERAL.—Not later than October 1, State reporting or enables the Secretary to (A) in the matter preceding paragraph (1), 1998, in order to assist States in admin- collect the needed information in a more by striking ‘‘social security’’ and all that istering their State plans under this part and cost-effective and equally expeditious man- follows through ‘‘absent parent’’ and insert- parts A, F, and G, and for the other purposes ner, taking into account the reporting costs ing ‘‘information specified in subsection specified in this section, the Secretary shall on employers. (a)’’; and establish and maintain in the Federal Parent ‘‘(E) CIVIL MONEY PENALTY ON NONCOM- (B) in paragraph (2), by inserting before the Locator Service an automated registry to be PLYING EMPLOYERS.— period ‘‘, or from any consumer reporting known as the Data Bank of Child Support ‘‘(i) IN GENERAL.—Any employer that fails agency (as defined in section 603(f) of the Orders, which shall contain abstracts of to make a timely report in accordance with Fair Credit Reporting Act (15 U.S.C. child support orders and other information this paragraph with respect to an individual 1681a(f))’’; and described in paragraph (2) on each case in shall be subject to a civil money penalty, for (3) in subsection (e)(1), by inserting before each State central case registry maintained each calendar year in which the failure oc- the period ‘‘, or by consumer reporting agen- pursuant to section 454A(e), as furnished curs, of the lesser of $500 or 1 percent of the cies’’. (and regularly updated), pursuant to section wages or other compensation paid by such (b) REIMBURSEMENT FOR DATA FROM FED- 454A(f), by State agencies administering pro- employer to such individual during such cal- ERAL AGENCIES.—Section 453(e)(2) (42 U.S.C. grams under this part. endar year. 653(e)(2)) is amended in the fourth sentence ‘‘(2) CASE INFORMATION.—The information ‘‘(ii) APPLICATION OF SECTION 1128A by inserting before the period ‘‘in an amount .—Sub- referred to in paragraph (1), as specified by ject to clause (iii), the provisions of section which the Secretary determines to be rea- the Secretary, shall include sufficient infor- sonable payment for the data exchange 1128A (other than subsections (a) and (b) mation (including names, social security thereof) shall apply to a civil money penalty (which amount shall not include payment for numbers or other uniform identification the costs of obtaining, compiling, or main- under clause (i) in the same manner as they numbers, and State case identification num- apply to a civil money penalty or proceeding taining the data)’’. bers) to identify the individuals who owe or (c) ACCESS TO CONSUMER REPORTS UNDER under section 1128A(a). are owed support (or with respect to or on FAIR CREDIT REPORTING ACT.— ‘‘(iii) COSTS TO SECRETARY.—Any employer behalf of whom support obligations are (1) IN GENERAL.—Section 608 of the Fair with respect to whom a penalty under this sought to be established), and the State or Credit Reporting Act (15 U.S.C. 1681f) is subparagraph is upheld after an administra- States which have established or modified, amended— tive hearing shall be liable to pay all costs of or are enforcing or seeking to establish, such (A) by striking ‘‘, limited to’’ and inserting the Secretary with respect to such hearing. an order. ‘‘to a governmental agency (including the ‘‘(3) EMPLOYMENT SECURITY INFORMATION.— ‘‘(i) DIRECTORY OF NEW HIRES.— entire consumer report, in the case of a Fed- ‘‘(A) REPORTING REQUIREMENT.—Each State ‘‘(1) IN GENERAL.—Not later than October 1, eral, State, or local agency administering a agency administering a State unemployment 1998, in order to assist States in admin- program under part D of title IV of the So- compensation law approved by the Secretary istering their State plans under this part and cial Security Act, and limited to’’; and of Labor under the Federal Unemployment parts A, F, and G, and for the other purposes (B) by striking ‘‘employment, to a govern- Tax Act shall furnish to the Secretary ex- specified in this section, the Secretary shall mental agency’’ and inserting ‘‘employment, tracts of the reports to the Secretary of establish and maintain in the Federal Parent in the case of any other governmental agen- Labor concerning the wages and unemploy- Locator Service an automated directory to cy)’’. ment compensation paid to individuals re- be known as the directory of New Hires, con- (2) REIMBURSEMENT FOR REPORTS BY STATE quired under section 303(a)(6), in accordance taining— AGENCIES AND CREDIT BUREAUS.—Section 453 with subparagraph (B). ‘‘(A) information supplied by employers on (42 U.S.C. 653) is amended by adding at the ‘‘(B) MANNER OF COMPLIANCE.—The extracts each newly hired individual, in accordance end the following new subsection: required under subparagraph (A) shall be fur- with paragraph (2); and ‘‘(g) The Secretary is authorized to reim- nished to the Secretary on a quarterly basis, ‘‘(B) information supplied by State agen- burse to State agencies and consumer credit with respect to calendar quarters beginning cies administering State unemployment reporting agencies the costs incurred by such on and after October 1, 1996, by such dates, in compensation laws, in accordance with para- entities in furnishing information requested such format, and containing such informa- graph (3). by the Secretary pursuant to this section in tion as required by that Secretary in regula- ‘‘(2) EMPLOYER INFORMATION.— an amount which the Secretary determines tions. to be reasonable payment for the data ex- ‘‘(A) INFORMATION REQUIRED.—Subject to change (which amount shall not include pay- subparagraph (D), each employer shall fur- ‘‘(j) DATA MATCHES AND OTHER DISCLO- ment for the costs of obtaining, compiling, nish to the Secretary, for inclusion in the di- SURES.— or maintaining the data).’’. rectory under this subsection, not later than ‘‘(1) VERIFICATION BY SOCIAL SECURITY AD- (d) DISCLOSURE OF TAX RETURN INFORMA- 10 days after the date (on or after October 1, MINISTRATION.— TION.— 1998) on which the employer hires a new em- ‘‘(A) TRANSMISSION OF DATA.—The Sec- (1) BY THE SECRETARY OF THE TREASURY.— ployee (as defined in subparagraph (C)), a re- retary shall transmit data on individuals and Section 6103(l)(6)(A)(ii) of the Internal Rev- port containing the name, date of birth, and employers in the registries maintained under enue Code of 1986 (relating to disclosure of social security number of such employee, this section to the Social Security Adminis- return information to Federal, State, and and the employer identification number of tration to the extent necessary for local child support enforcement agencies) is the employer. verification in accordance with subpara- amended by striking ‘‘, but only if’’ and all ‘‘(B) REPORTING METHOD AND FORMAT.—The graph (B). that follows to the period. Secretary shall provide for transmission of ‘‘(B) VERIFICATION.—The Commissioner of (2) BY THE SOCIAL SECURITY ADMINISTRA- the reports required under subparagraph (A) Social Security shall verify the accuracy of, TION.—Section 6103(l)(8) of the Internal Rev- using formats and methods which minimize correct or supply to the extent necessary and

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2880 CONGRESSIONAL RECORD — SENATE February 16, 1995 feasible, and report to the Secretary, the fol- ‘‘(2) restrict access to confidential infor- ‘‘(14)(A) Procedures under which the State lowing information in data supplied by the mation in the Federal Parent Locator Serv- adopts in its entirety (with the modifica- Secretary pursuant to subparagraph (A): ice to authorized persons, and restrict use of tions and additions specified in this para- ‘‘(i) the name, social security number, and such information to authorized purposes. graph) not later than January 1, 1997, and birth date of each individual; and ‘‘(o) LIMIT ON LIABILITY.—The Secretary uses on and after such date, the Uniform ‘‘(ii) the employer identification number of shall not be liable to either a State or an in- Interstate Family Support Act, as approved each employer. dividual for inaccurate information provided by the National Conference of Commis- ‘‘(2) CHILD SUPPORT LOCATOR MATCHES.—For to a component of the Federal Parent Loca- sioners on Uniform State Laws in August the purpose of locating individuals for pur- tor Service and disclosed by the Secretary in 1992. poses of paternity establishment and estab- accordance with this section.’’. ‘‘(B) The State law adopted pursuant to lishment and enforcement of child support, (g) CONFORMING AMENDMENTS.— subparagraph (A) shall be applied to any the Secretary shall— (1) TO PART D OF TITLE IV OF THE SOCIAL SE- case— ‘‘(A) match data in the directory of New CURITY ACT.—Section 454(8)(B) (42 U.S.C. ‘‘(i) involving an order established or modi- Hires against the child support order ab- 654(8)(B)) is amended to read as follows: fied in one State and for which a subsequent stracts in the Data Bank of Child Support ‘‘(B) the Federal Parent Locator Service modification is sought in another State; or Orders not less than every 2 working days; established under section 453;’’. ‘‘(ii) in which interstate activity is re- (2) TO FEDERAL UNEMPLOYMENT TAX ACT.— and quired to enforce an order. Section 3304(16) of the Internal Revenue Code ‘‘(B) report information obtained from a ‘‘(C) The State law adopted pursuant to of 1986 (relating to approval of State laws) is match established under subparagraph (A) to subparagraph (A) of this paragraph shall con- amended— concerned State agencies operating pro- tain the following provision in lieu of section (A) by striking ‘‘Secretary of Health, Edu- grams under this part not later than 2 work- 611(a)(1) of the Uniform Interstate Family cation, and Welfare’’ each place it appears ing days after such match. Support Act described in such subparagraph and inserting ‘‘Secretary of Health and ‘‘(3) DATA MATCHES AND DISCLOSURES OF (A): Human Services’’; DATA IN ALL REGISTRIES FOR TITLE IV PRO- ‘‘ ‘(1) the following requirements are met: (B) in subparagraph (B), by striking ‘‘such GRAM PURPOSES.—The Secretary shall— ‘‘ ‘(i) the child, the individual obligee, and information’’ and all that follows through ‘‘(A) perform matches of data in each com- the semicolon and inserting ‘‘information the obligor— ponent of the Federal Parent Locator Serv- furnished under subparagraph (A) or (B) is ‘‘ ‘(I) do not reside in the issuing State; and ice maintained under this section against used only for the purposes authorized under ‘‘ ‘(II) either reside in this State or are sub- data in each other such component (other such subparagraph;’’; ject to the jurisdiction of this State pursu- than the matches required pursuant to para- (C) by striking ‘‘and’’ at the end of sub- ant to section 201; and graph (1)), and report information resulting paragraph (A); ‘‘ ‘(ii) in any case where another State is from such matches to State agencies oper- (D) by redesignating subparagraph (B) as exercising or seeks to exercise jurisdiction ating programs under this part and parts A, subparagraph (C); and to modify the order, the conditions of sec- F, and G; and (E) by inserting after subparagraph (A) the tion 204 are met to the same extent as re- ‘‘(B) disclose data in such registries to following new subparagraph: quired for proceedings to establish orders; such State agencies, ‘‘(B) wage and unemployment compensa- or’. to the extent, and with the frequency, that tion information contained in the records of ‘‘(D) The State law adopted pursuant to the Secretary determines to be effective in such agency shall be furnished to the Sec- subparagraph (A) shall recognize as valid, for assisting such States to carry out their re- retary of Health and Human Services (in ac- purposes of any proceeding subject to such sponsibilities under such programs. cordance with regulations promulgated by State law, service of process upon persons in ‘‘(k) FEES.— such Secretary) as necessary for the pur- the State (and proof of such service) by any ‘‘(1) FOR SSA VERIFICATION.—The Secretary poses of the directory of New Hires estab- means acceptable in another State which is shall reimburse the Commissioner of Social lished under section 453(i) of the Social Secu- the initiating or responding State in such Security, at a rate negotiated between the rity Act, and’’. proceeding.’’. Secretary and the Commissioner, the costs (3) TO STATE GRANT PROGRAM UNDER TITLE SEC. 132. IMPROVEMENTS TO FULL FAITH AND incurred by the Commissioner in performing III OF THE SOCIAL SECURITY ACT.—Section CREDIT FOR CHILD SUPPORT OR- the verification services specified in sub- 303(a) (42 U.S.C. 503(a)) is amended— DERS. section (j). (A) by striking ‘‘and’’ at the end of para- Section 1738B of title 28, United States ‘‘(2) FOR INFORMATION FROM SESAS.—The graph (8); Code, is amended— Secretary shall reimburse costs incurred by (B) by striking the period at the end of (1) in subsection (a)(2), by striking ‘‘sub- State employment security agencies in fur- paragraph (9) and inserting ‘‘; and’’; and section (e)’’ and inserting ‘‘subsections (e), nishing data as required by subsection (i)(3), (C) by adding after paragraph (9) the fol- (f), and (i)’’; at rates which the Secretary determines to lowing new paragraph: (2) in subsection (b), by inserting after the be reasonable (which rates shall not include ‘‘(10) The making of quarterly electronic first undesignated paragraph the following: payment for the costs of obtaining, com- reports, at such dates, in such format, and ‘‘ ‘child’s home State’ means the State in piling, or maintaining such data). containing such information, as required by which a child lived with a parent or a person ‘‘(3) FOR INFORMATION FURNISHED TO STATE the Secretary under section 453(i)(3), and acting as parent for at least 6 consecutive AND FEDERAL AGENCIES.—State and Federal compliance with such provisions as such Sec- months immediately preceding the time of agencies receiving data or information from retary may find necessary to ensure the cor- filing of a petition or comparable pleading the Secretary pursuant to this section shall rectness and verification of such reports.’’. for support and, if a child is less than 6 reimburse the costs incurred by the Sec- SEC. 126. USE OF SOCIAL SECURITY NUMBERS. months old, the State in which the child retary in furnishing such data or informa- (a) STATE LAW REQUIREMENT.—Section lived from birth with any of them. A period tion, at rates which the Secretary deter- 466(a) (42 U.S.C. 666(a)), as amended by sec- of temporary absence of any of them is mines to be reasonable (which rates shall in- tion 101(a), is amended by adding at the end counted as part of the 6-month period.’’; clude payment for the costs of obtaining, the following new paragraph: (3) in subsection (c), by inserting ‘‘by a verifying, maintaining, and matching such ‘‘(13) Procedures requiring the recording of court of a State’’ before ‘‘is made’’; data or information). social security numbers— (4) in subsection (c)(1), by inserting ‘‘and ‘‘(l) RESTRICTION ON DISCLOSURE AND USE.— ‘‘(A) of both parties on marriage licenses subsections (e), (f), and (g)’’ after ‘‘located’’; Data in the Federal Parent Locator Service, and divorce decrees; (5) in subsection (d)— and information resulting from matches ‘‘(B) of both parents, on birth records and (A) by inserting ‘‘individual’’ before ‘‘con- using such data, shall not be used or dis- child support and paternity orders; and testant’’; and closed except as specifically provided in this ‘‘(C) on all applications for motor vehicle (B) by striking ‘‘subsection (e)’’ and insert- section. licenses and professional licenses.’’. ing ‘‘subsections (e) and (f)’’; ‘‘(m) RETENTION OF DATA.—Data in the (b) CLARIFICATION OF FEDERAL POLICY.— (6) in subsection (e), by striking ‘‘make a Federal Parent Locator Service, and data re- Section 205(c)(2)(C)(ii) (42 U.S.C. modification of a child support order with re- sulting from matches performed pursuant to 405(c)(2)(C)(ii)) is amended by striking the spect to a child that is made’’ and inserting this section, shall be retained for such period third sentence and inserting ‘‘This clause ‘‘modify a child support order issued’’; (determined by the Secretary) as appropriate shall not be considered to authorize disclo- (7) in subsection (e)(1), by inserting ‘‘pursu- for the data uses specified in this section. sure of such numbers except as provided in ant to subsection (i)’’ before the semicolon; ‘‘(n) INFORMATION INTEGRITY AND SECU- the preceding sentence.’’. (8) in subsection (e)(2)— RITY.—The Secretary shall establish and im- Subtitle D—Streamlining and Uniformity of (A) by inserting ‘‘individual’’ before ‘‘con- plement safeguards with respect to the enti- Procedures testant’’ each place such term appears; and ties established under this section designed SEC. 131. ADOPTION OF UNIFORM STATE LAWS. (B) by striking ‘‘to that court’s making the to— Section 466(a) (42 U.S.C. 666(a)), as amended modification and assuming’’ and inserting ‘‘(1) ensure the accuracy and completeness by sections 101(a) and 126(a), is amended by ‘‘with the State of continuing, exclusive ju- of information in the Federal Parent Locator adding at the end the following new para- risdiction for a court of another State to Service; and graph: modify the order and assume’’;

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2881 (9) by redesignating subsections (f) and (g) peal on the record to an independent admin- ‘‘(II) judgments and settlements in cases as subsections (g) and (h), respectively; istrative or judicial tribunal), to take the under the jurisdiction of the State or local (10) by inserting after subsection (e) the following actions relating to establishment government; and following new subsection: or enforcement of orders: ‘‘(III) lottery winnings; ‘‘(f) RECOGNITION OF CHILD SUPPORT OR- ‘‘(A) To order genetic testing for the pur- ‘‘(ii) to attach and seize assets of the obli- DERS.—If 1 or more child support orders have pose of paternity establishment as provided gor held by financial institutions; been issued in this or another State with re- in section 466(a)(5). ‘‘(iii) to attach public and private retire- gard to an obligor and a child, a court shall ‘‘(B) To enter a default order, upon a show- ment funds in appropriate cases, as deter- apply the following rules in determining ing of service of process and any additional mined by the Secretary; and which order to recognize for purposes of con- showing required by State law— ‘‘(iv) to impose liens in accordance with tinuing, exclusive jurisdiction and enforce- ‘‘(i) establishing paternity, in the case of paragraph (a)(4) and, in appropriate cases, to ment: any putative father who refuses to submit to force sale of property and distribution of pro- ‘‘(1) If only 1 court has issued a child sup- ceeds. genetic testing; and port order, the order of that court must be ‘‘(I) For the purpose of securing overdue ‘‘(ii) establishing or modifying a support recognized. support, to increase the amount of monthly obligation, in the case of a parent (or other ‘‘(2) If 2 or more courts have issued child support payments to include amounts for ar- support orders for the same obligor and obligor or obligee) who fails to respond to rearages (subject to such conditions or re- child, and only 1 of the courts would have notice to appear at a proceeding for such strictions as the State may provide). continuing, exclusive jurisdiction under this purpose. ‘‘(J) To suspend drivers’ licenses of individ- section, the order of that court must be rec- ‘‘(C) To subpoena any financial or other in- uals owing past-due support, in accordance ognized. formation needed to establish, modify, or en- with subsection (a)(16). ‘‘(3) If 2 or more courts have issued child force an order, and to sanction failure to re- ‘‘(2) The expedited procedures required support orders for the same obligor and spond to any such subpoena. under subsection (a)(2) shall include the fol- child, and only 1 of the courts would have ‘‘(D) To require all entities in the State lowing rules and authority, applicable with continuing, exclusive jurisdiction under this (including for-profit, nonprofit, and govern- respect to all proceedings to establish pater- section, an order issued by a court in the mental employers) to provide promptly, in nity or to establish, modify, or enforce sup- current home State of the child must be rec- response to a request by the State agency of port orders: ognized, but if an order has not been issued that or any other State administering a pro- ‘‘(A) Procedures under which— in the current home State of the child, the gram under this part, information on the ‘‘(i) the parties to any paternity or child order most recently issued must be recog- employment, compensation, and benefits of support proceedings are required (subject to nized. any individual employed by such entity as privacy safeguards) to file with the tribunal ‘‘(4) If 2 or more courts have issued child an employee or contractor, and to sanction before entry of an order, and to update as ap- support orders for the same obligor and failure to respond to any such request. propriate, information on location and iden- child, and none of the courts would have con- ‘‘(E) To obtain access, subject to safe- tity (including social security number, resi- tinuing, exclusive jurisdiction under this guards on privacy and information security, dential and mailing addresses, telephone section, a court may issue a child support to the following records (including auto- number, driver’s license number, and name, order, which must be recognized. mated access, in the case of records main- address, and telephone number of employer); ‘‘(5) The court that has issued an order rec- tained in automated data bases): and ognized under this subsection is the court ‘‘(i) Records of other State and local gov- ‘‘(ii) in any subsequent child support en- having continuing, exclusive jurisdiction.’’; ernment agencies, including— forcement action between the same parties, (11) in subsection (g) (as so redesignated)— ‘‘(I) vital statistics (including records of the tribunal shall be authorized, upon suffi- (A) by striking ‘‘PRIOR’’ and inserting marriage, birth, and divorce); cient showing that diligent effort has been ‘‘MODIFIED’’; and ‘‘(II) State and local tax and revenue made to ascertain such party’s current loca- (B) by striking ‘‘subsection (e)’’ and insert- records (including information on residence tion, to deem due process requirements for ing ‘‘subsections (e) and (f)’’; address, employer, income and assets); notice and service of process to be met, with (12) in subsection (h) (as so redesignated)— ‘‘(III) records concerning real and titled respect to such party, by delivery to the (A) in paragraph (2), by inserting ‘‘includ- personal property; most recent residential or employer address ing the duration of current payments and ‘‘(IV) records of occupational and profes- so filed pursuant to clause (i). other obligations of support’’ before the sional licenses, and records concerning the ‘‘(B) Procedures under which— comma; and ownership and control of corporations, part- ‘‘(i) the State agency and any administra- (B) in paragraph (3), by inserting ‘‘arrears nerships, and other business entities; tive or judicial tribunal with authority to under’’ after ‘‘enforce’’; and ‘‘(V) employment security records; hear child support and paternity cases exerts (13) by adding at the end the following new ‘‘(VI) records of agencies administering statewide jurisdiction over the parties, and subsection: public assistance programs; orders issued in such cases have statewide ef- ‘‘(i) REGISTRATION FOR MODIFICATION.—If ‘‘(VII) records of the motor vehicle depart- fect; and there is no individual contestant or child re- ment; and ‘‘(ii) in the case of a State in which orders siding in the issuing State, the party or sup- ‘‘(VIII) corrections records. in such cases are issued by local jurisdic- port enforcement agency seeking to modify, ‘‘(ii) Certain records held by private enti- tions, a case may be transferred between ju- or to modify and enforce, a child support ties, including— risdictions in the State without need for any order issued in another State shall register ‘‘(I) customer records of public utilities additional filing by the petitioner, or service that order in a State with jurisdiction over and cable television companies; and of process upon the respondent, to retain ju- the nonmovant for the purpose of modifica- ‘‘(II) information (including information risdiction over the parties.’’. tion.’’. on assets and liabilities) on individuals who (c) EXCEPTIONS FROM STATE LAW REQUIRE- SEC. 133. STATE LAWS PROVIDING EXPEDITED owe or are owed support (or against or with MENTS.—Section 466(d) (42 U.S.C. 666(d)) is PROCEDURES. amended— respect to whom a support obligation is (a) STATE LAW REQUIREMENTS.—Section 466 (1) by striking ‘‘(d) If’’ and inserting ‘‘(d)(1) sought) held by financial institutions (sub- (42 U.S.C. 666), as amended by section 123(b), Subject to paragraph (2), if’’; and ject to limitations on liability of such enti- is amended— (2) by adding at the end the following new ties arising from affording such access). (1) in subsection (a)(2), in the first sen- paragraph: tence, to read as follows: ‘‘Expedited admin- ‘‘(F) To order income withholding in ac- ‘‘(2) The Secretary shall not grant an ex- istrative and judicial procedures (including cordance with subsection (a)(1) and (b) of emption from the requirements of— the procedures specified in subsection (c)) for section 466. ‘‘(A) subsection (a)(5) (concerning proce- establishing paternity and for establishing, ‘‘(G) In cases where support is subject to an dures for paternity establishment); modifying, and enforcing support obliga- assignment under section 402(a)(26), ‘‘(B) subsection (a)(10) (concerning modi- tions.’’; and 471(a)(17), or 1912, or to a requirement to pay fication of orders); (2) by adding after subsection (b) the fol- through the centralized collections unit ‘‘(C) subsection (a)(12) (concerning record- lowing new subsection: under section 454B) upon providing notice to ing of orders in the central State case reg- ‘‘(c) The procedures specified in this sub- obligor and obligee, to direct the obligor or istry); section are the following: other payor to change the payee to the ap- ‘‘(D) subsection (a)(13) (concerning record- ‘‘(1) Procedures which give the State agen- propriate government entity. ing of social security numbers); cy the authority (and recognize and enforce ‘‘(H) For the purpose of securing overdue ‘‘(E) subsection (a)(14) (concerning inter- the authority of State agencies of other support— state enforcement); or States), without the necessity of obtaining ‘‘(i) to intercept and seize any periodic or ‘‘(F) subsection (c) (concerning expedited an order from any other judicial or adminis- lump-sum payment to the obligor by or procedures), other than paragraph (1)(A) trative tribunal (but subject to due process through a State or local government agency, thereof (concerning establishment or modi- safeguards, including (as appropriate) re- including— fication of support amount).’’. quirements for notice, opportunity to con- ‘‘(I) unemployment compensation, work- (c) AUTOMATION OF STATE AGENCY FUNC- test the action, and opportunity for an ap- ers’ compensation, and other benefits; TIONS.—Section 454A, as added by section

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2882 CONGRESSIONAL RECORD — SENATE February 16, 1995 115(a)(2) and as amended by sections 121 and ‘‘(ii)(I) Procedures under which, after the 652(a)(7)) is amended by inserting ‘‘, and de- 122(c), is amended by adding at the end the 60-day period referred to in clause (i), a velop an affidavit to be used for the vol- following new subsection: signed acknowledgment of paternity may be untary acknowledgment of paternity which ‘‘(h) EXPEDITED ADMINISTRATIVE PROCE- challenged in court only on the basis of shall include the social security number of DURES.—The automated system required fraud, duress, or material mistake of fact, each parent’’ before the semicolon. under this section shall be used, to the max- with the burden of proof upon the challenger, (c) TECHNICAL AMENDMENT.—Section 468 (42 imum extent feasible, to implement any ex- and under which the legal responsibilities U.S.C. 668) is amended by striking ‘‘a simple pedited administrative procedures required (including child support obligations) of any civil process for voluntarily acknowledging under section 466(c).’’. signatory arising from the acknowledgment paternity and’’. Subtitle E—Paternity Establishment may not be suspended during the challenge, SEC. 142. OUTREACH FOR VOLUNTARY PATER- except for good cause shown. NITY ESTABLISHMENT. SEC. 141. STATE LAWS CONCERNING PATERNITY (a) STATE PLAN REQUIREMENT.—Section ESTABLISHMENT. ‘‘(II) Procedures under which, after the 60- day period referred to in clause (i), a minor 454(23) (42 U.S.C. 654(23)) is amended— (a) STATE LAWS REQUIRED.—Section (1) by striking ‘‘(23)’’ and inserting 466(a)(5) (42 U.S.C. 666(a)(5)) is amended— who signs an acknowledgment of paternity other than in the presence of a parent or ‘‘(23)(A)’’; (1) in subparagraph (B)— (2) by inserting ‘‘and’’ after the semicolon; (A) by striking ‘‘(B)’’ and inserting court-appointed guardian ad litem may re- scind the acknowledgment in a judicial or and ‘‘(B)(i)’’; administrative proceeding, until the earlier (3) by adding at the end the following new (B) in clause (i), as redesignated, by insert- of— subparagraph: ing before the period ‘‘, where such request is ‘‘(aa) attaining the age of majority; or ‘‘(B) publicize the availability and encour- supported by a sworn statement— ‘‘(bb) the date of the first judicial or ad- age the use of procedures for voluntary es- ‘‘(I) by such party alleging paternity set- ministrative proceeding brought (after the tablishment of paternity and child support ting forth facts establishing a reasonable signing) to establish a child support obliga- through a variety of means, which— possibility of the requisite sexual contact of tion, visitation rights, or custody rights with ‘‘(i) include distribution of written mate- the parties; or respect to the child whose paternity is the rials at health care facilities (including hos- ‘‘(II) by such party denying paternity set- subject of the acknowledgment, and at which pitals and clinics), and other locations such ting forth facts establishing a reasonable the minor is represented by a parent, guard- as schools; possibility of the nonexistence of sexual con- ian ad litem, or attorney. ‘‘(ii) may include pre-natal programs to tact of the parties;’’; and ‘‘(E) Procedures under which no judicial or educate expectant couples on individual and (C) by inserting after clause (i) (as redesig- administrative proceedings are required or joint rights and responsibilities with respect nated) the following new clause: permitted to ratify an unchallenged ac- to paternity (and may require all expectant ‘‘(ii) Procedures which require the State knowledgment of paternity. recipients of assistance under part A to par- agency, in any case in which such agency or- ‘‘(F) Procedures requiring— ticipate in such pre-natal programs, as an ders genetic testing— ‘‘(i) that the State admit into evidence, for element of cooperation with efforts to estab- ‘‘(I) to pay the costs of such tests, subject purposes of establishing paternity, results of lish paternity and child support); to recoupment (where the State so elects) any genetic test that is— ‘‘(iii) include, with respect to each child from the putative father if paternity is es- ‘‘(I) of a type generally acknowledged, by discharged from a hospital after birth for tablished; and accreditation bodies designated by the Sec- whom paternity or child support has not ‘‘(II) to obtain additional testing in any retary, as reliable evidence of paternity; and been established, reasonable follow-up ef- case where an original test result is dis- ‘‘(II) performed by a laboratory approved forts, providing— puted, upon request and advance payment by by such an accreditation body; ‘‘(I) in the case of a child for whom pater- the disputing party.’’; ‘‘(ii) that any objection to genetic testing nity has not been established, information (2) by striking subparagraphs (C), (D), (E), results must be made in writing not later on the benefits of and procedures for estab- and (F) and inserting the following: than a specified number of days before any lishing paternity; and ‘‘(C)(i) Procedures for a simple civil proc- hearing at which such results may be intro- ‘‘(II) in the case of a child for whom pater- ess for voluntarily acknowledging paternity duced into evidence (or, at State option, not nity has been established but child support under which the State must provide that, be- later than a specified number of days after has not been established, information on the fore a mother and a putative father can sign receipt of such results); and benefits of and procedures for establishing a an acknowledgment of paternity, the puta- ‘‘(iii) that, if no objection is made, the test child support order, and an application for tive father and the mother must be given no- results are admissible as evidence of pater- child support services;’’. tice, orally, in writing, and in a language nity without the need for foundation testi- (b) ENHANCED FEDERAL MATCHING.—Section that each can understand, of the alternatives mony or other proof of authenticity or accu- 455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amend- to, the legal consequences of, and the rights racy.’’; and ed— (including, if 1 parent is a minor, any rights (3) by adding after subparagraph (H) the (1) by inserting ‘‘(i)’’ before ‘‘laboratory afforded due to minority status) and respon- following new subparagraphs: costs’’, and sibilities that arise from, signing the ac- ‘‘(I) Procedures providing that the parties (2) by inserting before the semicolon ‘‘, and knowledgment. to an action to establish paternity are not (ii) costs of outreach programs designed to ‘‘(ii) Such procedures must include a hos- entitled to a jury trial. encourage voluntary acknowledgment of pa- pital-based program for the voluntary ac- ‘‘(J) Procedures which require that a tem- ternity’’. knowledgment of paternity focusing on the porary order be issued, upon motion by a (c) EFFECTIVE DATES.— period immediately before or after the birth party, requiring the provision of child sup- (1) IN GENERAL.—The amendments made by of a child. port pending an administrative or judicial subsection (a) shall become effective October ‘‘(iii) Such procedures must require the determination of parentage, where there is 1, 1997. State agency responsible for maintaining clear and convincing evidence of paternity (2) EXCEPTION.—The amendments made by birth records to offer voluntary paternity es- (on the basis of genetic tests or other evi- subsection (b) shall be effective with respect tablishment services. dence). to calendar quarters beginning on and after ‘‘(iv) The Secretary shall prescribe regula- ‘‘(K) Procedures under which bills for preg- October 1, 1996. tions governing voluntary paternity estab- nancy, childbirth, and genetic testing are ad- Subtitle F—Establishment and Modification lishment services offered by hospitals and missible as evidence without requiring third- of Support Orders birth record agencies. The Secretary shall party foundation testimony, and shall con- SEC. 151. NATIONAL CHILD SUPPORT GUIDE- prescribe regulations specifying the types of stitute prima facie evidence of amounts in- LINES COMMISSION. other entities that may offer voluntary pa- curred for such services and testing on behalf (a) ESTABLISHMENT.—There is hereby es- ternity establishment services, and gov- of the child. tablished a commission to be known as the erning the provision of such services, which ‘‘(L) At the option of the State, procedures ‘‘National Child Support Guidelines Commis- shall include a requirement that such an en- under which the tribunal establishing pater- sion’’ (in this section referred to as the tity must use the same notice provisions nity and support has discretion to waive ‘‘Commission’’). used by, the same materials used by, provide rights to all or part of amounts owed to the (b) GENERAL DUTIES.— the personnel providing such services with State (but not to the mother) for costs re- (1) IN GENERAL.—The Commission shall de- the same training provided by, and evaluate lated to pregnancy, childbirth, and genetic termine— the provision of such services in the same testing and for public assistance paid to the (A) whether it is appropriate to develop a manner as, voluntary paternity establish- family where the father cooperates or ac- national child support guideline for consider- ment programs of hospitals and birth record knowledges paternity before or after genetic ation by the Congress or for adoption by in- agencies. testing. dividual States; or ‘‘(D)(i) Procedures under which a signed ac- ‘‘(M) Procedures ensuring that the puta- (B) based on a study of various guideline knowledgment of paternity is considered a tive father has a reasonable opportunity to models, the benefits and deficiencies of such legal finding of paternity, subject to the initiate a paternity action.’’. models, and any needed improvements. right of any signatory to rescind the ac- (b) NATIONAL PATERNITY ACKNOWLEDGMENT (2) DEVELOPMENT OF MODELS.—If the Com- knowledgment within 60 days. AFFIDAVIT.—Section 452(a)(7) (42 U.S.C. mission determines under paragraph (1)(A)

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that a national child support guideline is in the Commission shall be filled in the man- (b) ELIMINATION OF DISPARITIES IN TREAT- needed or under paragraph (1)(B) that im- ner in which the original appointment was MENT OF ASSIGNED AND NON-ASSIGNED AR- provements to guideline models are needed, made. REARAGES.— the Commission shall develop such national (e) COMMISSION POWERS, COMPENSATION, AC- (1) IN GENERAL.—Section 464(a) (42 U.S.C. guideline or improvements. CESS TO INFORMATION, AND SUPERVISION.—The 664(a)) is amended— (c) MATTERS FOR CONSIDERATION BY THE first sentence of subparagraph (C), the first (A) in paragraph (1)— COMMISSION.—In making the recommenda- and third sentences of subparagraph (D), sub- (i) in the first sentence, by striking ‘‘which tions concerning guidelines required under paragraph (F) (except with respect to the has been assigned to such State pursuant to subsection (b), the Commission shall con- conduct of medical studies), clauses (ii) and section 402(a)(26) or section 471(a)(17)’’; and sider— (iii) of subparagraph (G), and subparagraph (ii) in the second sentence, by striking ‘‘in (1) the adequacy of State child support (H) of section 1886(e)(6) of the Social Secu- accordance with section 457 (b)(4) or (d)(3)’’ guidelines established pursuant to section rity Act shall apply to the Commission in and inserting ‘‘as provided in paragraph (2)’’; 467; the same manner in which such provisions (B) in paragraph (2), to read as follows: (2) matters generally applicable to all sup- apply to the Prospective Payment Assess- ‘‘(2) The State agency shall distribute port orders, including— ment Commission. amounts paid by the Secretary of the Treas- (A) the feasibility of adopting uniform (f) REPORT.—Not later than 2 years after ury pursuant to paragraph (1)— terms in all child support orders; the appointment of members, the Commis- ‘‘(A) in accordance with subsection (a)(4) or (B) how to define income and under what sion shall submit to the President, the Com- (d)(3) of section 457, in the case of past-due circumstances income should be imputed; support assigned to a State pursuant to sec- and mittee on Ways and Means of the House of tion 402(a)(26) or section 471(a)(17); and (C) tax treatment of child support pay- Representatives, and the Committee on Fi- ‘‘(B) to or on behalf of the child to whom ments; nance of the Senate, a recommended na- the support was owed, in the case of past-due (3) the appropriate treatment of cases in tional child support guideline and a final as- support not so assigned.’’; which either or both parents have financial sessment of issues relating to such a pro- (C) in paragraph (3)— obligations to more than 1 family, including posed national child support guideline. (i) by striking ‘‘or (2)’’ each place it ap- the effect (if any) to be given to— (g) TERMINATION.—The Commission shall pears; and (A) the income of either parent’s spouse; terminate 6 months after the submission of and the report described in subsection (e). (ii) in subparagraph (B), by striking ‘‘under paragraph (2)’’ and inserting ‘‘on account of (B) the financial responsibilities of either SEC. 152. SIMPLIFIED PROCESS FOR REVIEW AND parent for other children or stepchildren; ADJUSTMENT OF CHILD SUPPORT past-due support described in paragraph (4) the appropriate treatment of expenses ORDERS. (2)(B)’’. for child care (including care of the children Section 466(a)(10) (42 U.S.C. 666(a)(10)) is (2) NOTICES OF PAST-DUE SUPPORT.—Section of either parent, and work-related or job- amended to read as follows: 464(b) (42 U.S.C. 664(b)) is amended— training-related child care); ‘‘(10)(A)(i) Procedures under which— (A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)’’; (5) the appropriate treatment of expenses ‘‘(I) every 3 years, at the request of either and for health care (including uninsured health parent subject to a child support order, the (B) by striking paragraph (2). care) and other extraordinary expenses for State shall review and, as appropriate, ad- (3) DEFINITION OF PAST-DUE SUPPORT.—Sec- children with special needs; just the order in accordance with the guide- tion 464(c) (42 U.S.C. 664(c)) is amended— (6) the appropriate duration of support by lines established under section 467(a) if the (A) by striking ‘‘(c)(1) Except as provided 1 or both parents, including amount of the child support award under the in paragraph (2), as’’ and inserting ‘‘(c) As’’; (A) support (including shared support) for order differs from the amount that would be and post-secondary or vocational education; and awarded in accordance with such guidelines, (B) by striking paragraphs (2) and (3). (B) support for disabled adult children; without a requirement for any other change (c) TREATMENT OF LUMP-SUM TAX REFUND (7) procedures to automatically adjust in circumstances; and UNDER AFDC.— child support orders periodically to address ‘‘(II) upon request at any time of either (1) EXEMPTION FROM LUMP-SUM RULE.—Sec- changed economic circumstances, including parent subject to a child support order, the tion 402(a)(17) (42 U.S.C. 602(a)(17)) is amend- changes in the consumer price index or ei- State shall review and, as appropriate, ad- ed by inserting before the semicolon at the ther parent’s income and expenses in par- just the order in accordance with the guide- end the following: ‘‘, but this paragraph shall ticular cases; lines established under section 467(a) based not apply to income received by a family (8) procedures to help non-custodial par- on a substantial change in the circumstances that is attributable to a child support obliga- ents address grievances regarding visitation of either such parent. tion owed with respect to a member of the and custody orders to prevent such parents ‘‘(ii) Such procedures shall require both family and that is paid to the family from from withholding child support payments parents subject to a child support order to be amounts withheld from a Federal income tax until such grievances are resolved; and notified of their rights and responsibilities refund otherwise payable to the person (9) whether, or to what extent, support lev- provided for under clause (i) at the time the owing such obligation, to the extent that els should be adjusted in cases in which cus- order is issued and in the annual information such income is placed in a qualified asset ac- tody is shared or in which the noncustodial exchange form provided under subparagraph count (as defined in section 406(j)) the total parent has extended visitation rights. (B). amounts in which, after such placement, (d) MEMBERSHIP.— ‘‘(B) Procedures under which each child does not exceed $10,000’’. (1) NUMBER; APPOINTMENT.— support order issued or modified in the State (2) QUALIFIED ASSET ACCOUNT DEFINED.— (A) IN GENERAL.—The Commission shall be after the effective date of this subparagraph Section 406 (42 U.S.C. 606), as amended by composed of 12 individuals appointed jointly shall require the parents subject to the order section 102(g)(2), is amended by adding at the by the Secretary of Health and Human Serv- to provide each other with a complete state- end the following new subsection: ices and the Congress, not later than Janu- ment of their respective financial condition ‘‘(j)(1) The term ‘qualified asset account’ ary 15, 1997, of which— annually on a form which shall be provided means a mechanism approved by the State (i) 2 shall be appointed by the Chairman of by the State. The Secretary shall establish (such as individual retirement accounts, es- the Committee on Finance of the Senate, regulations for the enforcement of such ex- and 1 shall be appointed by the ranking mi- change of information.’’. crow accounts, or savings bonds) that allows nority member of the Committee; savings of a family receiving aid to families (ii) 2 shall be appointed by the Chairman of Subtitle G—Enforcement of Support Orders with dependent children to be used for quali- the Committee on Ways and Means of the SEC. 161. FEDERAL INCOME TAX REFUND OFF- fied distributions. SET. House of Representatives, and 1 shall be ap- ‘‘(2) The term ‘qualified distribution’ pointed by the ranking minority member of (a) CHANGED ORDER OF REFUND DISTRIBU- means a distribution from a qualified asset the Committee; and TION UNDER INTERNAL REVENUE CODE.—Sec- account for expenses directly related to 1 or (iii) 6 shall be appointed by the Secretary tion 6402(c) of the Internal Revenue Code of more of the following purposes: of Health and Human Services. 1986 (relating to offset of past-due support ‘‘(A) The attendance of a member of the (B) QUALIFICATIONS OF MEMBERS.—Members against overpayments) is amended— family at any education or training program. of the Commission shall have expertise and (1) by striking ‘‘The amount’’ and inserting ‘‘(B) The improvement of the employ- experience in the evaluation and develop- ‘‘(1) IN GENERAL.—The amount’’; ability (including self-employment) of a ment of child support guidelines. At least 1 (2) by striking ‘‘paid to the State. A reduc- member of the family (such as through the member shall represent advocacy groups for tion’’ and inserting ‘‘paid to the State. purchase of an automobile). custodial parents, at least 1 member shall ‘‘(2) PRIORITIES FOR OFFSET.—A reduction’’; ‘‘(C) The purchase of a home for the fam- represent advocacy groups for noncustodial (3) by striking ‘‘has been assigned’’ and in- ily. parents, and at least 1 member shall be the serting ‘‘has not been assigned’’; and ‘‘(D) A change of the family residence.’’. director of a State program under part D of (4) by striking ‘‘and shall be applied’’ and title IV of the Social Security Act. all that follows and inserting ‘‘and shall (d) EFFECTIVE DATE.—The amendments (2) TERMS OF OFFICE.—Each member shall thereafter be applied to satisfy any past-due made by this section shall become effective be appointed for a term of 2 years. A vacancy support that has been so assigned.’’. October 1, 1999.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2884 CONGRESSIONAL RECORD — SENATE February 16, 1995 SEC. 162. INTERNAL REVENUE SERVICE COLLEC- State law) after receipt of a notice pursuant for the payment of pensions, retirement or TION OF ARREARAGES. to subsection (a)(1) or (b) of section 466, com- retired pay, annuities, dependents’ or sur- (a) AMENDMENT TO INTERNAL REVENUE ply with all applicable provisions of such vivors’ benefits, or similar amounts payable CODE.—Section 6305(a) of the Internal Rev- section 466; and on account of personal services performed by enue Code of 1986 (relating to collection of ‘‘(C) not later than 30 days (or such longer the individual or any other individual; certain liability) is amended— period as may be prescribed by applicable ‘‘(iii) as compensation for death under any (1) in paragraph (1), by inserting ‘‘except as State law) after effective service of any Federal program; provided in paragraph (5)’’ after ‘‘collected’’; other such order, process, or interrogatories, ‘‘(iv) under any Federal program estab- (2) by striking ‘‘and’’ at the end of para- respond thereto. lished to provide ‘black lung’ benefits; or graph (3); ‘‘(d) In the event that a governmental enti- ‘‘(v) by the Secretary of Veterans Affairs (3) by striking the period at the end of ty receives notice or is served with process, as pension, or as compensation for a service- paragraph (4) and inserting ‘‘, and’’; as provided in this section, concerning connected disability or death (except any (4) by adding at the end the following new amounts owed by an individual to more than compensation paid by such Secretary to a paragraph: 1 person— former member of the Armed Forces who is ‘‘(5) no additional fee may be assessed for ‘‘(1) support collection under section 466(b) in receipt of retired or retainer pay if such adjustments to an amount previously cer- must be given priority over any other proc- former member has waived a portion of his tified pursuant to such section 452(b) with re- ess, as provided in section 466(b)(7); retired pay in order to receive such com- spect to the same obligor.’’; and ‘‘(2) allocation of moneys due or payable to pensation); and (5) by striking ‘‘Secretary of Health, Edu- an individual among claimants under section ‘‘(C) worker’s compensation benefits paid cation, and Welfare’’ each place it appears 466(b) shall be governed by the provisions of under Federal or State law; but and inserting ‘‘Secretary of Health and such section 466(b) and regulations there- ‘‘(2) do not include any payment— Human Services’’. under; and ‘‘(A) by way of reimbursement or other- (b) EFFECTIVE DATE.—The amendments ‘‘(3) such moneys as remain after compli- made by this section shall become effective wise, to defray expenses incurred by such in- ance with subparagraphs (A) and (B) shall be October 1, 1997. dividual in carrying out duties associated available to satisfy any other such processes with his employment; or SEC. 163. AUTHORITY TO COLLECT SUPPORT on a first-come, first-served basis, with any FROM FEDERAL EMPLOYEES. ‘‘(B) as allowances for members of the uni- such process being satisfied out of such mon- (a) CONSOLIDATION AND STREAMLINING OF formed services payable pursuant to chapter eys as remain after the satisfaction of all AUTHORITIES.— 7 of title 37, United States Code, as pre- (1) Section 459 (42 U.S.C. 659) is amended— such processes which have been previously scribed by the Secretaries concerned (defined served.’’; (1) in the heading, by inserting ‘‘INCOME by section 101(5) of such title) as necessary (5) in subsection (f)— WITHHOLDING,’’ before ‘‘GARNISHMENT’’; for the efficient performance of duty. (2) in subsection (a)— (A) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; ‘‘(i) In determining the amount of any (A) by striking ‘‘section 207’’ and inserting and moneys due from, or payable by, the United ‘‘section 207 and section 5301 of title 38, (B) by adding at the end the following new States to any individual, there shall be ex- United States Code’’; and paragraph: cluded amounts which— (B) by striking ‘‘to legal process’’ and all ‘‘(2) No Federal employee whose duties in- ‘‘(1) are owed by such individual to the that follows through the period and inserting clude taking actions necessary to comply United States; with the requirements of subsection (a) with ‘‘to withholding in accordance with State ‘‘(2) are required by law to be, and are, de- regard to any individual shall be subject law pursuant to subsections (a)(1) and (b) of ducted from the remuneration or other pay- under any law to any disciplinary action or section 466 and regulations of the Secretary ment involved, including Federal employ- civil or criminal liability or penalty for, or thereunder, and to any other legal process ment taxes, and fines and forfeitures ordered on account of, any disclosure of information brought, by a State agency administering a by court-martial; made by him in connection with the carrying program under this part or by an individual ‘‘(3) are properly withheld for Federal, out of such duties.’’; and obligee, to enforce the legal obligation of State, or local income tax purposes, if the (6) by adding at the end the following new such individual to provide child support or withholding of such amounts is authorized or subsections: alimony.’’; required by law and if amounts withheld are ‘‘(g) Authority to promulgate regulations not greater than would be the case if such in- (3) in subsection (b), to read as follows: for the implementation of the provisions of ‘‘(b) Except as otherwise provided herein, dividual claimed all the dependents that the this section shall, insofar as the provisions each entity specified in subsection (a) shall individual was entitled to (the withholding of this section are applicable to moneys due be subject, with respect to notice to with- of additional amounts pursuant to section from (or payable by)— hold income pursuant to subsection (a)(1) or 3402(i) of the Internal Revenue Code of 1986 ‘‘(1) the executive branch of the Federal (b) of section 466, or to any other order or may be permitted only when such individual Government (including in such branch, for process to enforce support obligations presents evidence of a tax obligation which the purposes of this subsection, the terri- against an individual (if such order or proc- supports the additional withholding); tories and possessions of the United States, ess contains or is accompanied by sufficient ‘‘(4) are deducted as health insurance pre- the United States Postal Service, the Postal data to permit prompt identification of the miums; Rate Commission, any wholly owned Federal individual and the moneys involved), to the ‘‘(5) are deducted as normal retirement corporation created by an Act of Congress, same requirements as would apply if such en- contributions (not including amounts de- and the government of the District of Colum- tity were a private person.’’; ducted for supplementary coverage); or bia), be vested in the President (or the Presi- (4) by striking subsections (c) and (d) and ‘‘(6) are deducted as normal life insurance dent’s designee); inserting the following new subsections: premiums from salary or other remuneration ‘‘(2) the legislative branch of the Federal ‘‘(c)(1) The head of each agency subject to for employment (not including amounts de- Government, be vested jointly in the Presi- the requirements of this section shall— ducted for supplementary coverage). ‘‘(A) designate an agent or agents to re- dent pro tempore of the Senate and the ‘‘(j) For purposes of this section—’’. ceive orders and accept service of process; Speaker of the House of Representatives (or (b) TRANSFER OF SUBSECTIONS.—Sub- and their designees); and sections (a) through (e) of section 462 (42 ‘‘(B) publish— ‘‘(3) the judicial branch of the Federal Gov- U.S.C. 662), are transferred and redesignated ‘‘(i) in the appendix of such regulations; ernment, be vested in the Chief Justice of as paragraphs (1) through (4), respectively of ‘‘(ii) in each subsequent republication of the United States (or the Chief Justice’s des- section 459(j) (as added by subsection (a)(6)), such regulations; and ignee). and the left margin of each of such para- ‘‘(iii) annually in the Federal Register, ‘‘(h) Subject to subsection (i), moneys paid graphs (1) through (4) is indented 2 ems to the designation of such agent or agents, or payable to an individual which are consid- the right of the left margin of subsection (j) identified by title of position, mailing ad- ered to be based upon remuneration for em- (as added by subsection (a)(6)). dress, and telephone number. ployment, for purposes of this section— (c) CONFORMING AMENDMENTS.— ‘‘(2) Whenever an agent designated pursu- ‘‘(1) consist of— (1) TO PART D OF TITLE IV.—Sections 461 and ant to paragraph (1) receives notice pursuant ‘‘(A) compensation paid or payable for per- 462 (42 U.S.C. 661) are repealed. to subsection (a)(1) or (b) of section 466, or is sonal services of such individual, whether (2) TO TITLE 5, UNITED STATES CODE.—Sec- effectively served with any order, process, or such compensation is denominated as wages, tion 5520a of title 5, United States Code, is interrogatories, with respect to an individ- salary, commission, bonus, pay, allowances, amended, in subsections (h)(2) and (i), by ual’s child support or alimony payment obli- or otherwise (including severance pay, sick striking ‘‘sections 459, 461, and 462 of the So- gations, such agent shall— pay, and incentive pay); cial Security Act (42 U.S.C. 659, 661, and 662)’’ ‘‘(A) as soon as possible (but not later than ‘‘(B) periodic benefits (including a periodic each place it appears and inserting ‘‘section 15 days) thereafter, send written notice of benefit as defined in section 228(h)(3)) or 459 of the Social Security Act (42 U.S.C. such notice or service (together with a copy other payments— 659)’’. thereof) to such individual at his duty sta- ‘‘(i) under the insurance system estab- (d) MILITARY RETIRED AND RETAINER PAY.— tion or last-known home address; lished by title II; Section 1408(a)(1) of title 10, United States ‘‘(B) not later than 30 days (or such longer ‘‘(ii) under any other system or fund estab- Code, is amended— period as may be prescribed by applicable lished by the United States which provides (1) in paragraph (1)—

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(A) in subparagraph (B), by striking ‘‘and’’; (1) REGULATIONS.—The Secretary of each SEC. 165. MOTOR VEHICLE LIENS. (B) in subparagraph (C), by striking the pe- military department, and the Secretary of Section 466(a)(4) (42 U.S.C. 666(a)(4)) is riod and inserting ‘‘; and’’; and Transportation with respect to the Coast amended— (C) by adding at the end the following new Guard when it is not operating as a service (1) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; subparagraph: in the Navy, shall prescribe regulations to and ‘‘(D) any administrative or judicial tri- facilitate the granting of leave to a member (2) by adding at the end the following new bunal of a State competent to enter orders of the Armed Forces under the jurisdiction subparagraph: for support or maintenance (including a of that Secretary in a case in which— ‘‘(B) Procedures for placing liens for ar- State agency administering a State program (A) the leave is needed for the member to rearages of child support on motor vehicle ti- under part D of title IV of the Social Secu- attend a hearing described in paragraph (2); tles of individuals owing such arrearages rity Act).’’; (B) the member is not serving in or with a equal to or exceeding 1 month of support (or (2) in paragraph (2), by inserting ‘‘or a unit deployed in a contingency operation (as other minimum amount set by the State), court order for the payment of child support defined in section 101 of title 10, United under which— not included in or accompanied by such a de- States Code); and ‘‘(i) any person owed such arrearages may cree or settlement,’’ before ‘‘which—’’; (C) the exigencies of military service (as place such a lien; (3) in subsection (d)— determined by the Secretary concerned) do ‘‘(ii) the State agency administering the (A) in the heading, by inserting ‘‘(OR FOR not otherwise require that such leave not be program under this part shall systematically BENEFIT OF)’’ after ‘‘CONCERNED’’; and granted. place such liens; (B) in paragraph (1), in the first sentence, (2) COVERED HEARINGS.—Paragraph (1) ap- ‘‘(iii) expedited methods are provided for— by inserting ‘‘(or for the benefit of such plies to a hearing that is conducted by a ‘‘(I) ascertaining the amount of arrears; spouse or former spouse to a State central court or pursuant to an administrative proc- ‘‘(II) affording the person owing the arrears collections unit or other public payee des- ess established under State law, in connec- or other titleholder to contest the amount of ignated by a State, in accordance with part tion with a civil action— arrears or to obtain a release upon fulfilling D of title IV of the Social Security Act, as (A) to determine whether a member of the the support obligation; directed by court order, or as otherwise di- Armed Forces is a natural parent of a child; ‘‘(iv) such a lien has precedence over all rected in accordance with such part D)’’ be- or other encumbrances on a vehicle title other fore ‘‘in an amount sufficient’’; and (B) to determine an obligation of a member than a purchase money security interest; (4) by adding at the end the following new of the Armed Forces to provide child sup- and ‘‘(v) the individual or State agency owed subsection: port. the arrears may execute on, seize, and sell ‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any (3) DEFINITIONS.—For purposes of this sub- the property in accordance with State law.’’. case involving a child support order against section: a member who has never been married to the (A) The term ‘‘court’’ has the meaning SEC. 166. VOIDING OF FRAUDULENT TRANSFERS. other parent of the child, the provisions of given that term in section 1408(a) of title 10, Section 466(a) (42 U.S.C. 666(a)), as amended by sections 101(a), 126(a), and 131, is amended this section shall not apply, and the case United States Code. by adding at the end the following new para- shall be subject to the provisions of section (B) The term ‘‘child support’’ has the graph: 459 of the Social Security Act.’’. meaning given such term in section 462 of ‘‘(15) Procedures under which— (e) EFFECTIVE DATE.—The amendments the Social Security Act (42 U.S.C. 662). made by this section shall become effective 6 ‘‘(A) the State has in effect— months after the date of the enactment of (c) PAYMENT OF MILITARY RETIRED PAY IN ‘‘(i) the Uniform Fraudulent Conveyance this Act. COMPLIANCE WITH CHILD SUPPORT ORDERS.— Act of 1981, SEC. 164. ENFORCEMENT OF CHILD SUPPORT OB- Section 1408 of title 10, United States Code, ‘‘(ii) the Uniform Fraudulent Transfer Act LIGATIONS OF MEMBERS OF THE as amended by section 163(d)(4), is amended— of 1984, or ARMED FORCES. (1) by redesignating subsections (i) and (j) ‘‘(iii) another law, specifying indicia of (a) AVAILABILITY OF LOCATOR INFORMA- as subsections (j) and (k), respectively; fraud which create a prima facie case that a TION.— (2) by inserting after subsection (h) the fol- debtor transferred income or property to (1) MAINTENANCE OF ADDRESS INFORMA- lowing new subsection: avoid payment to a child support creditor, TION.—The Secretary of Defense shall estab- ‘‘(i) CERTIFICATION DATE.—It is not nec- which the Secretary finds affords com- lish a centralized personnel locator service essary that the date of a certification of the parable rights to child support creditors; and that includes the address of each member of authenticity or completeness of a copy of a ‘‘(B) in any case in which the State knows the Armed Forces under the jurisdiction of court order or an order of an administrative of a transfer by a child support debtor with the Secretary. Upon request of the Secretary process established under State law for child respect to which such a prima facie case is of Transportation, addresses for members of support received by the Secretary concerned established, the State must— the Coast Guard shall be included in the cen- for the purposes of this section be recent in ‘‘(i) seek to void such transfer; or tralized personnel locator service. relation to the date of receipt by the Sec- ‘‘(ii) obtain a settlement in the best inter- (2) TYPE OF ADDRESS.— retary.’’; and ests of the child support creditor.’’. (A) RESIDENTIAL ADDRESS.—Except as pro- (3) in subsection (d)— SEC. 167. STATE LAW AUTHORIZING SUSPENSION vided in subparagraph (B), the address for a (A) in paragraph (1), by inserting after the OF LICENSES. member of the Armed Forces shown in the first sentence the following: ‘‘In the case of Section 466(a) (42 U.S.C. 666(a)), as amended locator service shall be the residential ad- by sections 101(a), 126(a), 131, and 166, is a spouse or former spouse who, pursuant to dress of that member. amended by adding at the end the following section 402(a)(26) of the Social Security Act (B) DUTY ADDRESS.—The address for a new paragraph: (42 U.S.C. 602(26)), assigns to a State the member of the Armed Forces shown in the ‘‘(16) Procedures under which the State has rights of the spouse or former spouse to re- locator service shall be the duty address of (and uses in appropriate cases) authority ceive support, the Secretary concerned may that member in the case of a member— (subject to appropriate due process safe- make the child support payments referred to (i) who is permanently assigned overseas, guards) to withhold or suspend, or to restrict in the preceding sentence to that State in to a vessel, or to a routinely deployable unit; the use of driver’s licenses, professional and amounts consistent with that assignment of or occupational licenses, and recreational li- rights.’’; and (ii) with respect to whom the Secretary censes of individuals owing overdue child (B) by adding at the end the following new concerned makes a determination that the support or failing, after receiving appro- paragraph: member’s residential address should not be priate notice, to comply with subpoenas or disclosed due to national security or safety ‘‘(6) In the case of a court order or an order warrants relating to paternity or child sup- concerns. of an administrative process established port proceedings.’’. (3) UPDATING OF LOCATOR INFORMATION.— under State law for which effective service is SEC. 168. REPORTING ARREARAGES TO CREDIT Not later than 30 days after a member listed made on the Secretary concerned on or after BUREAUS. in the locator service establishes a new resi- the date of the enactment of this paragraph Section 466(a)(7) (42 U.S.C. 666(a)(7)) is dential address (or a new duty address, in the and which provides for payments from the amended to read as follows: case of a member covered by paragraph disposable retired pay of a member to satisfy ‘‘(7)(A) Procedures (subject to safeguards (2)(B)), the Secretary concerned shall update the amount of child support set forth in the pursuant to subparagraph (B)) requiring the the locator service to indicate the new ad- order, the authority provided in paragraph State to report periodically to consumer re- dress of the member. (1) to make payments from the disposable re- porting agencies (as defined in section 603(f) (4) AVAILABILITY OF INFORMATION.—The tired pay of a member to satisfy the amount of the Fair Credit Reporting Act (15 U.S.C. Secretary of Defense shall make information of child support set forth in a court order or 1681a(f)) the name of any absent parent who regarding the address of a member of the an order of an administrative process estab- is delinquent in the payment of support, and Armed Forces listed in the locator service lished under State law shall apply to pay- the amount of overdue support owed by such available, on request, to the Federal Parent ment of any amount of child support arrear- parent. Locator Service. ages set forth in that order as well as to ‘‘(B) Procedures ensuring that, in carrying (b) FACILITATING GRANTING OF LEAVE FOR amounts of child support that currently be- out subparagraph (A), information with re- ATTENDANCE AT HEARINGS.— come due.’’. spect to an absent parent is reported—

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2886 CONGRESSIONAL RECORD — SENATE February 16, 1995 ‘‘(i) only after such parent has been af- combined with the procedure for tax refund (i) during the period after the date before forded all due process required under State offset under section 464) for certifying to the the date of the enactment of this Act and be- law, including notice and a reasonable oppor- Secretary, for purposes of the procedure fore such first plan year, the plan is operated tunity to contest the accuracy of such infor- under section 452(l) (concerning denial of in accordance with the requirements of the mation; and passports) determinations that individuals amendments made by this section; and ‘‘(ii) only to an entity that has furnished owe arrearages of child support in an amount (ii) such plan amendment applies retro- evidence satisfactory to the State that the exceeding $5,000 or in an amount exceeding 24 actively to the period after the date before entity is a consumer reporting agency.’’. months’ worth of child support, under which the date of the enactment of this Act and be- SEC. 169. EXTENDED STATUTE OF LIMITATION procedure— fore such first plan year. FOR COLLECTION OF ARREARAGES. ‘‘(A) each individual concerned is afforded (B) NO FAILURE FOR COMPLIANCE WITH THIS (a) IN GENERAL.—Section 466(a)(9) (42 notice of such determination and the con- PARAGRAPH.—A plan shall not be treated as U.S.C. 666(a)(9)) is amended— sequences thereof, and an opportunity to failing to be operated in accordance with the (1) by redesignating subparagraphs (A), (B), contest the determination; and provisions of the plan merely because it op- and (C) as clauses (i), (ii), and (iii), respec- ‘‘(B) the certification by the State agency erates in accordance with this paragraph. tively; is furnished to the Secretary in such format, Subtitle I—Access and Visitation Programs (2) by striking ‘‘(9)’’ and inserting ‘‘(9)(A)’’; and accompanied by such supporting docu- SEC. 191. GRANTS TO STATES FOR ACCESS AND and mentation, as the Secretary may require.’’. VISITATION PROGRAMS. (3) by adding at the end the following new (b) STATE DEPARTMENT PROCEDURE FOR DE- (a) IN GENERAL.—Part D of title IV is subparagraph: NIAL OF PASSPORTS.— amended by adding at the end the following ‘‘(B) Procedures under which the statute of (1) IN GENERAL.—The Secretary of State, new section: limitations on any arrearages of child sup- upon certification by the Secretary of Health ‘‘GRANTS TO STATES FOR ACCESS AND port extends at least until the child owed and Human Services, in accordance with sec- VISITATION PROGRAMS such support is 30 years of age.’’. tion 452(l) of the Social Security Act, that an (b) APPLICATION OF REQUIREMENT.—The individual owes arrearages of child support ‘‘SEC. 469A. (a) PURPOSES; AUTHORIZATION amendment made by this section shall not be in excess of $5,000, shall refuse to issue a OF APPROPRIATIONS.—For purposes of ena- interpreted to require any State law to re- passport to such individual, and may revoke, bling States to establish and administer pro- vive any payment obligation which had restrict, or limit a passport issued previously grams to support and facilitate absent par- lapsed prior to the effective date of such to such individual. ents’ access to and visitation of their chil- dren, by means of activities including medi- State law. (2) LIMIT ON LIABILITY.—The Secretary of SEC. 170. CHARGES FOR ARREARAGES. State shall not be liable to an individual for ation (both voluntary and mandatory), coun- (a) STATE LAW REQUIREMENT.—Section any action with respect to a certification by seling, education, development of parenting 466(a) (42 U.S.C. 666(a)), as amended by sec- a State agency under this section. plans, visitation enforcement (including tions 101(a), 126(a), 131, 166, and 167, is amend- (c) EFFECTIVE DATE.—This section and the monitoring, supervision, and neutral drop-off ed by adding at the end the following new amendments made by this section shall be- and pickup), and development of guidelines paragraph: come effective October 1, 1996. for visitation and alternative custody ar- rangements, there are authorized to be ap- ‘‘(17) Procedures providing for the calcula- SEC. 172. INTERNATIONAL CHILD SUPPORT EN- tion and collection of interest or penalties FORCEMENT. propriated $5,000,000 for each of fiscal years 1996 and 1997, and $10,000,000 for each suc- for arrearages of child support, and for dis- (a) SENSE OF THE CONGRESS THAT THE ceeding fiscal year. tribution of such interest or penalties col- UNITED STATES SHOULD RATIFY THE UNITED ‘‘(b) PAYMENTS TO STATES.— lected for the benefit of the child (except NATIONS CONVENTION OF 1956.—It is the sense ‘‘(1) IN GENERAL.—Each State shall be enti- where the right to support has been assigned of the Congress that the United States tled to payment under this section for each to the State).’’. should ratify the United Nations Convention fiscal year in an amount equal to its allot- (b) REGULATIONS.—The Secretary of Health of 1956. ment under subsection (c) for such fiscal and Human Services shall establish by regu- (b) TREATMENT OF INTERNATIONAL CHILD year, to be used for payment of 90 percent of lation a rule to resolve choice of law con- SUPPORT CASES AS INTERSTATE CASES.—Sec- State expenditures for the purposes specified flicts arising in the implementation of the tion 454 (42 U.S.C. 654), as amended by sec- in subsection (a). amendment made by subsection (a). tions 104(a), 114(b), 122(a), and 171(a)(2) of this ‘‘(2) SUPPLEMENTARY USE.—Payments (c) CONFORMING AMENDMENT.—Section Act, is amended— under this section shall be used by a State to 454(21) (42 U.S.C. 654(21)) is repealed. (1) by striking ‘‘and’’ at the end of para- (d) EFFECTIVE DATE.—The amendments supplement (and not to substitute for) ex- graph (27); made by this section shall be effective with penditures by the State, for activities speci- (2) by striking the period at the end of respect to arrearages accruing on or after fied in subsection (a), at a level at least paragraph (28) and inserting ‘‘; and’’; and October 1, 1998. equal to the level of such expenditures for (3) by inserting after paragraph (28) the fol- fiscal year 1994. SEC. 171. DENIAL OF PASSPORTS FOR NON- lowing new paragraph: PAYMENT OF CHILD SUPPORT. ‘‘(c) ALLOTMENTS TO STATES.— ‘‘(29) provide that the State must treat (a) HHS CERTIFICATION PROCEDURE.— ‘‘(1) IN GENERAL.—For purposes of sub- international child support cases in the same (1) SECRETARIAL RESPONSIBILITY.—Section section (b), each State shall be entitled (sub- manner as the State treats interstate child 452 (42 U.S.C. 652), as amended by sections ject to paragraph (2)) to an amount for each support cases under the plan.’’. 115(a)(3) and 117, is amended by adding at the fiscal year bearing the same ratio to the end the following new subsection: Subtitle H—Medical Support amount authorized to be appropriated pursu- ‘‘(l)(1) If the Secretary receives a certifi- SEC. 181. TECHNICAL CORRECTION TO ERISA ant to subsection (a) for such fiscal year as cation by a State agency in accordance with DEFINITION OF MEDICAL CHILD the number of children in the State living the requirements of section 454(28) that an SUPPORT ORDER. with only 1 biological parent bears to the individual owes arrearages of child support (a) IN GENERAL.—Section 609(a)(2)(B) of the total number of such children in all States. in an amount exceeding $5,000 or in an Employee Retirement Income Security Act ‘‘(2) MINIMUM ALLOTMENT.—Allotments to amount exceeding 24 months’ worth of child of 1974 (29 U.S.C. 1169(a)(2)(B)) is amended— States under paragraph (1) shall be adjusted support, the Secretary shall transmit such (1) by striking ‘‘issued by a court of com- as necessary to ensure that no State is allot- certification to the Secretary of State for petent jurisdiction’’; ted less than $50,000 for fiscal year 1996 or action (with respect to denial, revocation, or (2) in clause (ii) by striking the period and 1997, or $100,000 for any succeeding fiscal limitation of passports) pursuant to section inserting a comma; and year. 171(b) of the Interstate Child Support Re- (3) by adding after clause (ii), the following ‘‘(d) FEDERAL ADMINISTRATION.—The pro- sponsibility Act of 1995. flush left language: gram under this section shall be adminis- ‘‘(2) The Secretary shall not be liable to an ‘‘if such judgment, decree, or order (I) is tered by the Administration for Children and individual for any action with respect to a issued by a court of competent jurisdiction Families. certification by a State agency under this or (II) is issued by an administrative adjudi- ‘‘(e) STATE PROGRAM ADMINISTRATION.— section.’’. cator and has the force and effect of law ‘‘(1) IN GENERAL.—Each State may admin- (2) STATE CSE AGENCY RESPONSIBILITY.— under applicable State law.’’. ister the program under this section directly Section 454 (42 U.S.C. 654), as amended by (b) EFFECTIVE DATE.— or through grants to or contracts with sections 104(a), 114(b), and 122(a), is amend- (1) IN GENERAL.—The amendments made by courts, local public agencies, or non-profit ed— this section shall become effective on the private entities. (A) by striking ‘‘and’’ at the end of para- date of the enactment of this Act. ‘‘(2) STATEWIDE PLAN PERMISSIBLE.—State graph (26); (2) PLAN AMENDMENTS NOT REQUIRED UNTIL programs under this section may, but need (B) by striking the period at the end of JANUARY 1, 1996.— not, be statewide. paragraph (27) and inserting ‘‘; and’’; and (A) IN GENERAL.—Any amendment to a plan ‘‘(3) EVALUATION.—States administering (C) by adding after paragraph (27) the fol- required to be made by an amendment made programs under this section shall monitor, lowing new paragraph: by this section shall not be required to be evaluate, and report on such programs in ac- ‘‘(28) provide that the State agency will made before the first plan year beginning on cordance with requirements established by have in effect a procedure (which may be or after January 1, 1996, if— the Secretary.’’.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2887 TITLE II—EFFECT OF ENACTMENT respect child support orders from other ent or guardian may rescind that acknowl- SEC. 201. EFFECTIVE DATES. states, would be modified to follow UIFSA. edgment at any time until turning 18, or (a) IN GENERAL.—Except as otherwise spe- States would establish administrative pro- until court proceedings in which the teen cifically provided (but subject to subsections cedures for paternity establishment, sub- and his or her attorney, parent or guardian (b) and (c))— poenas, liens, access to financial informa- is present. At state option, states may waive fees (1) provisions of title I requiring enact- tion, and suspension of drivers’ and profes- charged to fathers who cooperate with the ment or amendment of State laws under sec- sional licenses for parents in arrears on child state, e.g. for genetic testing. tion 466 of the Social Security Act, or revi- support. Custodial parents would not have to sion of State plans under section 454 of such go to court. MODIFICATION AND ESTABLISHMENT OF Act, shall be effective with respect to periods ENFORCEMENT OF SUPPORT ORDERS SUPPORT ORDERS beginning on and after October 1, 1996; and Outlines the procedures by which a state Requires that child support orders may be (2) all other provisions of title I shall be- may suspend the licenses (including driver’s, reviewed by a state at the request of either come effective upon the date of the enact- professional and occupational) of delinquent parent every three years or when there is a ment of this Act. non-custodial parents, as well as procedures substantial change in the financial cir- (b) GRACE PERIOD FOR STATE LAW through which the state may place liens on cumstances of either parent. CHANGES.—The provisions of title I shall be- the delinquent parent property. Requires parents to exchange financial in- come effective with respect to a State on the Requires states to report to credit bureaus formation annually. Establishes a National Child Support later of— delinquencies that exceed 30 days. Guidelines Commission, which will develop (1) the date specified in title I, or Grants families who are owed child support support order guidelines which states may (2) the effective date of laws enacted by the the right to first access to an IRS refund adopt of Congress may consider adopting na- legislature of such State implementing such credited to a delinquent non-custodial par- tionally. provisions, ent, except for amounts due from time the but in no event later than the first day of the family received AFDC. PROGRAM ADMINISTRATION AND FUNDING first calendar quarter beginning after the Subjects federal employees to the same Increases the base federal matching rate close of the first regular session of the State withholding and enforcement rules as other for child support services from 66% to 75%. legislature that begins after the date of the workers. Clarifies rules for active-duty mili- Creates an incentive payment to state of up enactment of this Act. For purposes of the tary personnel. to 15% for paternity establishment and over- previous sentence, in the case of a State that Extends the statute of limitations for the all performance of a state IV–D program. has a 2-year legislative session, each year of collection of child support arrearage to the Strengthens penalties on states for failure to such session shall be deemed to be a separate child’s 30th birthday. comply with program requirements. regular session of the State legislature. Permits the denial of a passport for indi- COSTS (c) GRACE PERIOD FOR STATE CONSTITU- viduals who are more than $5,000 or 24 Increased match rate will cost approxi- TIONAL AMENDMENT.—A State shall not be months in arrears. mately $300 million over five years. Other found out of compliance with any require- Establllishes state-based demonstration costs to federal and state taxpayers have not ment enacted by title I if it is unable to com- projects to address non-custodial parents’ been scored by CBO, but all will be offset by ply without amending the State constitution visitation and custody issues. increased collections. (The existing program, until the earlier of— STATE AUTOMATED SYSTEMS despite flaws, collects $3.98 for every $1 (1) the date which is 1 year after the effec- Each state would establish a database of spent.) tive date of the necessary State constitu- basic information about every child support DIFFERENCES BETWEEN SENATE BILL AND H.R. tional amendment, or order opened in that state. This data would 785 (2) the date which is 5 years after the date be sent to a national registry on a regular Senate bill authorizes a demonstration in of the enactment of this Act. basis to aid in enforcement of interstate several states of innovative procedures to SEC. 202. SEVERABILITY. cases. mediate disputes over visitation and cus- If any provision of title I or the application States would centralize the collection and tody. thereof to any person or circumstance is held disbursement of information and payments. Senate bill is slightly less prescriptive to invalid, the invalidity shall not affect other Employers would be able to send withheld in- states. provisions or applications of title I which come to one state location, even if a county Senate bill includes more specific instruc- can be given effect without regard to the in- has jurisdiction over the child support order. tions to the Commission on Child Support valid provision or application, and to this States may contract the collection and dis- Guidelines, and permits the Commission to end the provisions of title I shall be sever- tribution system out to private firms. conclude that national guidelines are not ∑ able. NATIONAL SYSTEMS—EXPANDED FEDERAL needed. INTERSTATE CHILD SUPPORT RESPONSIBILITY PARENT LOCATOR SYSTEM ∑ Mr. CHAFEE. Mr. President, I am ACT OF 1995—BILL SUMMARY The modified Federal Parent Locator Sys- pleased to support the Child Support The Interstate Child Support Responsi- tem would contain three components: a Act of 1995, introduced by Mr. BRAD- bility Act of 1995 is a comprehensive effort to databank of Child Support Orders; directory LEY. repair the state-based system of child sup- of new hires, and expanded locator. With over half of our marriages end- port. It would establish uniform procedures The Databank of Child Support Orders con- ing in divorce in the United States, and among states; create state and national tains information on child support orders, as more and more children being born databases to locate absent parents and gar- obtained from the individual states. nish the wages of parents who owe child sup- The Directory of New Hires will record out-of-wedlock, single parent house- port; improve paternity establishment; and basic information supplied by employers. holds have become more and more make it easier to modify child support orders This data will be compared against the child common. Most of the children in these as necessary. support data in order to better track down homes grow up to be healthy and happy The legislation is based on recommenda- parents evading payment of child support, contributors to our society. Too many, tions of the U.S. Commission on Interstate especially on the interstate level. however, are abandoned by a parent at Child Support Enforcement, the Office of The expanded locator component allows a young age and struggle into adult- Child Support Enforcement at HHS, and states to access federal information to not hood. Mom or Dad, while raising a child support administrators from many only enforce orders, but also to establish pa- states. Its provisions are comparable to ternity and establish and modify orders. child, is working to make ends meet— without the help of the child’s other those of S. 689 in the 103d Congress (the Brad- VOLUNTARY PATERNITY ESTABLISHMENT ley bill) and the child support section of S. parent. The process of determination of paternity 2224, the Work and Family Responsibility We have spent a great deal of time would be simplified, and voluntary paternity Act, updated to account for more recent in- processes enhanced. These provisions would talking about family and the role of novations in enforcement at the state level. strengthen the hospital-based paternity es- the State in preserving traditional It also parallels H.R. 785, with exceptions as tablishment provisions enacted into law in families. We have talked at great noted below. the 1993 budget reconciliation. length about how to help poor unwed STATE UNIFORMITY For parents who voluntarily acknowledge and single mothers become inde- States would be required to adopt the Uni- paternity, a signed affidavit would be pre- pendent from government handouts. form Interstate Family Support Act (UIFSA) sumed to be a final judgement of paternity 60 Certainly, a central factor as to why in its entirety. This model legislation, al- days after signature. Both parents must be these mothers are on welfare in the ready adopted by 20 states, sets a framework informed of their rights and responsibilities for determining jurisdiction of interstate before signing the acknowledgement. Excep- first place and may not be able to get cases, and governs the relationship among tions to the final judgement status include off, is because of the lack of support states. fraud, duress, or material mistake of fact. coming from their child’s father. The Full Faith and Credit Act, signed into Minor parents who sign the voluntary ac- Only 58 percent of single mothers had law last year, which requires every state to knowledgement not in the presence of a par- a child support order in 1990—the vast

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2888 CONGRESSIONAL RECORD — SENATE February 16, 1995 majority of single mothers had applied children depend on child support. Thir- suspending drivers licenses and profes- for such an order but were unsuccessful ty years ago the vast number of chil- sional licenses of deadbeat parents; and in receiving one. The numbers are dren lived with both of their parents. provides greater incentives for States quite stark: over half of the 17.2 mil- But an astounding 50 percent of all to increase child support collection. lion children in single parent homes in children born in the 1980’s will spend The bill will also support State dem- our Nation are living in poverty. some time in a single-parent family. onstration projects to address an un- I think there is consensus on this Children living with only one parent derlying cause of some parents’ failure issue—Republican or Democrat, Rhode are all too likely to experience pov- to pay child support because access or Islander or Mississippian—we all agree erty. In 1992, half of the children living visitation rulings limit their involve- that the time has come for Congress to in single-parent families—over 8 mil- ment in their children’s lives. The bill become more involved in ensuring that lion children—were poor. Improving will help States try new ways of work- children are not cheated out of a child support enforcement will directly ing with families to increase noncusto- healthy childhood. This legislation improve the quality of these children’s dial parents’ visitation privileges and does an admirable job of addressing the lives and their chances for a bright fu- their financial commitment to their problems of ‘‘dead-beat’’ parents. ture. children. Currently, States have a rather hap- Second, enhancing child support en- While the bill will impose modest ad- hazard way of collecting child support. forcement will help keep families off of ministrative costs on States and the With the ease in which citizens move public assistance. About 45 percent of Federal Government, it will also save from one State to another, there is a families enter our welfare system as a both levels of government money over real need to have strong and efficient result of a divorce or separation, and the long term. That is why State wel- communication between the States in another 30 percent seek welfare assist- fare administrators support it. The collecting child support. This legisla- ance after having a child out-of-wed- U.S. Department of Health and Human tion addresses this problem through lock. Receiving support from the ab- Services Reports that for every $1 the creation of a national data base of sent parent can make the difference for spent on child support enforcement, $4 child support orders. States will be re- many families between self-sufficiency is collected. The collected funds are de- quired to periodically contribute new and dependency. livered to families and are used in part child support orders to this registry Third, strengthening child support to reimburse Federal and State govern- which may then be accessed by other enforcement sends a critical message ments for welfare expenditures. This states. Clearly, such a program aids of responsibility to parents. The deci- bill’s provisions will increase the rate greatly in tracking down interstate sion to have a child has profound moral of return on our investment, benefiting cases. In addition, by requiring parents content. Our child support policies children, families, and taxpayers. to exchange financial information an- must clearly signal that our society Mr. President, let me reiterate that nually and streamlining the collection will hold all parents accountable for child support enforcement must be a and distribution policy of the States, their children. In an era of sky- part of our welfare reform strategy. this legislation will make it far less rocketing out-of-wedlock births and Last month I introduced S. 246, the complicated to ensure that those fami- rising teen pregnancy rates, child sup- Welfare Reform That Works Act—a bill lies deserving of child support moneys port enforcement payments must be- that would help States make bold will get it. come a well known and unavoidable changes to their welfare systems to I would urge my colleagues to sup- fact of life for absent fathers and moth- move welfare recipients into the work port this crucial legislation. By some ers. Would-be ‘‘dead-beat’’ dads must force and strengthen families. I stated estimates, in 1990, if we had enforceable know that they can’t simply cross a when I introduced the bill, and I want child support orders reflecting ability State border to escape support pay- to reiterate now, that the States abil- to pay, single mothers and children ments. ity to achieve our welfare reform goals would have received nearly $50 billion For too many parents today, child will be limited if we do not improve our in child support. I am sure that you support collection is not a certainty. child support enforcement programs. would agree that such a number is as- Less than 60 percent of custodial moth- States’ welfare caseloads will be higher tounding. This money is wilfully being ers establish a child support order. And and their budgets lower if deadbeat kept from the children who need it. We only half of support orders are paid in parents can continue to evade their re- cannot, in good conscience, talk about full. The Urban Institute estimates sponsibilities, if teenagers know that reforming our welfare system without that the gap between the amount of they can continue to have babies with- discussing more effective ways to en- child support parents should be paying out consequences. sure that poor children are in fact re- and the amount we are actually col- Mr. President, I urge my colleagues ceiving the fiscal and emotional sup- lecting is $34 billion a year. to join Senator BRADLEY and the bill’s port that they need in order to grow The bill we are introducing today other cosponsors in supporting the and to thrive. Thank you very much will help close that child support col- act.∑ for your time and consideration.∑ lection gap. It will help States at each f ∑ Mr. LIEBERMAN. Mr. President, I step of the child support collection ADDITIONAL COSPONSORS am pleased to join Senator BRADLEY process. The bill will make it easier for today as a cosponsor of the Interstate States to locate absent noncustodial S. 31 Child Support Responsibility Act of parents; establish paternity; establish At the request of Mr. MCCAIN, the 1995. My esteemed colleague from Con- a court order; and enforce payment of name of the Senator from South Caro- necticut, Representative JOHNSON, in- court orders. lina [Mr. THURMOND] was added as a co- troduced a similar bill in the House, To help States locate parents and sponsor of S. 31, a bill to amend title II and I thank them both for their leader- collect child support the bill, among of the Social Security Act to eliminate ship on this issue. The bill will greatly other things: Requires States to auto- the earnings test for individuals who strengthen our child support enforce- mate and centralize child support order have attained retirement age. ment system. This year, as Congress data to aid in enforcement of inter- S. 47 debates dramatic changes to our wel- state cases; requires employers to no- At the request of Mr. SARBANES, the fare system, we should make child sup- tify States of new hires and establishes names of the Senator from Colorado port enforcement a key part of our wel- a Federal directory of new hires to aid [Mr. CAMPBELL], and the Senator from fare reform agenda and should pass the in locating parents; streamlines proce- California [Mrs. BOXER] were added as comprehensive reforms set forth in this dures for voluntary paternity estab- cosponsors of S. 47, a bill to amend cer- act. lishment; provides States with greater tain provisions of title 5, United States A tough child support enforcement financial incentives to establish pater- Code, in order to ensure equality be- system has three far-reaching benefits nity; requires more frequent modifica- tween Federal firefighters and other for our society. First, child support di- tion of child support orders so awards employees in the civil service and rectly improves the lives of millions of will increase with parents’ earnings; other public sector firefighters, and for children. An increasing number of our requires States to have procedures for other purposes.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2889 S. 141 [Mr. LIEBERMAN] was added as a co- Whereas the existing clinical trial data are At the request of Mrs. KASSEBAUM, sponsor of S. 277, a bill to impose com- inadequate to provide a definite answer to the name of the Senator from South prehensive economic sanctions against the efficacy of early detection in the 40–49 Carolina [Mr. THURMOND] was added as Iran. age group and there has been a dramatic a cosponsor of S. 141, a bill to repeal change in technology during the 30-year pe- S. 356 riod since the initiation of the first study of the Davis-Bacon Act of 1931 to provide At the request of Mr. SHELBY, the breast cancer screening; new job opportunities, effect signifi- names of the Senator from Mississippi Whereas the majority, approximately 80 cant cost savings on Federal construc- [Mr. COCHRAN] and the Senator from percent, of women who are diagnosed with tion contracts, promote small business Minnesota [Mr. GRAMS] were added as breast cancer have no identifiable risk for participation in Federal contracting, cosponsors of S. 356, a bill to amend this disease; reduce unnecessary paperwork and re- Whereas breast cancer is the leading cause title 4, United States Code, to declare of cancer death among women in the age porting requirements, and for other English as the official language of the purposes. group 15–54; Government of the United States. Whereas the American Cancer Society and S. 160 SENATE JOINT RESOLUTION 24 21 other national medical organizations and At the request of Mr. SHELBY, the At the request of Mr. COCHRAN, the health and consumer groups are at variance name of the Senator from Mississippi name of the Senator from Mississippi with the recently rescinded guideline of the [Mr. LOTT] was added as a cosponsor of National Cancer Institute for mammography S. 160, a bill to impose a moratorium [Mr. LOTT] was added as a cosponsor of for women ages 40–49; and on immigration by aliens other than Senate Joint Resolution 24, a joint res- Whereas the statement of scientific fact on refugees, certain priority and skilled olution proposing an amendment to the breast cancer screening issued by the Na- workers, and immediate relatives of Constitution of the United States rel- tional Cancer Institute on December 3, 1993, ative to the free exercise of religion. will cause widespread confusion and concern United States citizens and permanent among women and physicians, erode con- AMENDMENT NO. 274 resident aliens. fidence in mammography, and reinforce bar- S. 227 At the request of Mrs. FEINSTEIN the riers and negative attitudes that keep At the request of Mr. HATCH, the names of the Senator from Arizona women of all ages from being screened: Now, name of the Senator from Mississippi [Mr. MCCAIN], the Senator from Mary- therefore, be it [Mr. LOTT] was added as a cosponsor of land [Ms. MIKULSKI], the Senator from Resolved by the Senate (the House of Rep- S. 227, a bill to amend title 17, United Wisconsin [Mr. KOHL], and the Senator resentatives concurring), That it is the sense States Code, to provide an exclusive from Iowa [Mr. HARKIN] were added as of Congress that— cosponsors of Amendment No. 274 in- (1) adequately designed and conducted right to perform sound recordings pub- studies are needed to determine the benefit licly by means of digital transmissions tended to be proposed to House Joint of screening women ages 40–49 through mam- and for other purposes. Resolution 1, a joint resolution pro- mography and other emerging technologies; S. 234 posing a balanced budget amendment (2) the National Cancer Institute’s state- At the request of Mr. CAMPBELL, the to the Constitution of the United ment of scientific fact on breast cancer name of the Senator from Alaska [Mr. States. screening should clearly state that the un- certainty of evidence for women in this age MURKOWSKI] was added as a cosponsor f group is due to the limitations of existing of S. 234, a bill to amend title 23, SENATE CONCURRENT RESOLU- studies (as of the date of issuance of the United States Code, to exempt a State TION 8—RELATIVE TO MAMMOG- statement); and from certain penalties for failing to RAPHY SCREENING GUIDELINES (3) the National Cancer Institute should re- meet requirements relating to motor- issue the recently rescinded guideline for cycle helmet laws if the State has in Ms. SNOWE submitted the following mammography for women ages 40–49 or di- effect a motorcycle safety program, concurrent resolution; which was re- rect the public to consider guidelines issued and to delay the effective date of cer- ferred to the Committee on Labor and by other organizations. tain penalties for States that fail to Human Resources: ∑ Ms. SNOWE. Mr. President, breast meet certain requirements for motor- S. CON. RES. 8 cancer is the most common form of cycle safety laws, and for other pur- Whereas the National Cancer Institute is cancer in American women. One out of poses. the lead Federal agency for research on the every eight women in the United S. 262 causes, prevention, diagnosis, and treatment States will develop breast cancer in her of cancer; At the request of Mr. GRASSLEY, the lifetime—a staggering increase from name of the Senator from South Da- Whereas health professionals and con- the 1-out-to-14 rate in 1960. An esti- sumers throughout the Nation regard the kota [Mr. PRESSLER] was added as a co- guidelines of the National Cancer Institute mated 2.6 million women in America sponsor of S. 262, a bill to amend the as reliable scientific and medical advice; are living with breast cancer—1.6 mil- Internal Revenue Code of 1986 to in- Whereas it has been proven that interven- lion who have been diagnosed and an crease and make permanent the deduc- tion with routine screening for breast cancer estimated 1 million do not yet know tion for health insurance costs of self- through mammography can save women’s they have the disease. And every 12 employed individuals. lives at a time when medical science is un- minutes, a woman will die from breast able to prevent this disease; S. 270 cancer. Whereas there are statistical limitations At the request of Mr. SMITH, the We do not know what causes breast to evaluating the efficacy of mammography name of the Senator from Mississippi in a 5–10 year age range of women, using ex- cancer, or how to cure it. Women with [Mr. LOTT] was added as a cosponsor of isting studies designed to test the efficacy of breast cancer are dying at the same S. 270, a bill to provide special proce- mammography in a 25–30 year age range of rate today as they did in the 1930’s, and dures for the removal of alien terror- women; the same basic methods of treatment ists. Whereas there were numerous short- are being used—surgery, chemo- S. 275 comings identified in a Canadian study de- therapy, and radiation. Clearly, we signed to address reduction of mortality At the request of Mr. GRASSLEY, the need to promote research into the name of the Senator from North Da- from breast cancer in the 40–49 age range; cause of, optimal treatment of, and Whereas to date, it is not possible to have kota [Mr. DORGAN] was added as a co- the same degree of scientific confidence cure for breast cancer. sponsor of S. 275, a bill to establish a about the benefit of mammography for However, another importance weapon temporary moratorium on the Inter- women ages 40–49 as exists for women ages in fighting the battle against breast agency Memorandum of Agreement 50–69 due to inherent limitations in the stud- cancer is detecting breast cancer in its Concerning Wetlands Determinations ies that have been conducted; early stages. Survival rates drop dra- until enactment of a law that is the Whereas meta-analysis (combining the re- matically the later the disease is diag- successor to the Food, Agriculture, sults of several studies) is sometimes useful, nosed. And one of the most important Conservation, and Trade Act of 1990, and the studies used to reach the National tools for early detection is mammog- Cancer Institute’s conclusions were not eas- and for other purposes. ily combined because of variations in design, raphy, a low-dose x ray used to exam- S. 277 technology, screening interval, the inclusion ine a woman’s breasts. At the request of Mr. D’AMATO, the or exclusion of clinical breast examination, Recognizing the important of con- name of the Senator from Connecticut and quality; sistent guidelines on breast cancer

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2890 CONGRESSIONAL RECORD — SENATE February 16, 1995 screening, the American College of Ra- AMENDMENT NO. 286 current generation with a standard of serv- diology convened a series of meetings At the appropriate place, in the amend- ices and benefits for which that generation is in 1987. As a result of those meetings, ment, insert the following: unwilling to pay, thereby passing the in June 1989, 12 U.S. medical organiza- ‘‘Section . No bill to increase receipts repsonsibility for meeting costs of those shall become law unless approved by a three- services and benefits to later generations, tions including the American Medical which is the result of approving budgets Association, the American Cancer So- fifths majority of the whole number in each House of Congress.’’ which are significantly deficit financed. ciety, and the National Cancer Insti- ‘‘It is further the Sense of the Congress tute endorsed breast cancer screening that all members of the House and the Sen- guidelines which advised that asymp- KERRY AMENDMENT NO. 287 ate who vote to approve submission to the tomatic women should begin having (Ordered to lie on the table.) states of a proposed amendment to the mammograms at age 40. Mr. KERRY submitted an amend- United States Constitution requiring a bal- anced budget, have a responsibility to their However, in 1993, the National Cancer ment intended to be proposed by him constituents to support a budget plan to bal- Institute rescinded its guidelines stat- to amendment No. 276 submitted by ance the budget by no later than 2002. ing that there was no evidence that the him to the joint resolution, House ‘‘It is further the Sense of the Congress examinations significantly reduced Joint Resolution 1, supra; as follows: that the Congress should, prior to August 15, breast cancer deaths in that age group. On page 1, beginning on line 4, strike ‘‘un- 1995, adopt a concurrent resolution on the It seems clear, upon closer inspection, less a’’ and all that follows through line 7 on budget establishing a budget plan to balance that studies used to reach the National page 2, and insert the following: the budget by fiscal year 2002 consisting of the items set forth below: Cancer Institute’s conclusions did not ‘‘unless three-fifths of the whole number of ‘‘(a)(1) a budget for each fiscal year begin- each House of Congress shall provide by law warrant a rescission of the guidelines ning with fiscal year 1996 and ending with for a specific excess of outlays over receipts because there were significant vari- fiscal year 2002 containing— ations in design, technology, screening by a rollcall vote. ‘‘(A) aggregate levels of new budget au- intervals, the inclusion or exclusion of ‘‘SECTION 2. The limit on the debt of the thority, outlays, revenues, and the deficit or United States held by the public shall not be surplus; clinical breast examination, and qual- increased, unless a majority of the whole ity between studies. Furthermore, the ‘‘(B) totals of new budget authority and number of each House shall provide by law outlays for each major functional category; National Cancer Institute’s statement for such an increase by a rollcall vote. ‘‘(C) new budget authority and outlays, on has caused widespread confusion and ‘‘SECTION 3. Prior to each fiscal year, the an account-by-account basis, for each ac- concern among women and physicians, President shall transmit to the Congress a count with actual outlays or offsetting re- eroded confidence in mammography, proposed budget for the United States Gov- ceipts of at least $100,000,000 in fiscal year and reinforced barriers and negative ernment for that fiscal year, in which total 1994; and attitudes that discourage women from outlays do not exceed total receipts. ‘‘(D) an allocation of Federal revenues ‘‘SECTION 4. The Congress may waive the among the major sources of such revenues; seeking mammograms. provisions of this article for any fiscal year Consequently, I am introducing this ‘‘(2) a detailed list and description of in which a declaration of war is in effect. changes in Federal law (including laws au- resolution expressing the sense of the The provisions of this article may be waived thorizing appropriations or direct spending Congress that adequately designed and for any fiscal year in which the United and tax laws) required to carry out the plan conducted studies are needed to deter- States is engaged in military conflict which and the effective date of each such change; mine the benefit of screening women causes an imminent and serious military and ages 40 to 49 through mammography threat to national security and is so declared ‘‘(3) reconciliation directives to the appro- and other emerging technologies, that by a joint resolution, adopted by a majority priate committees of the House of Represent- of the whole number of each House, which the National Cancer Institute’s state- atives and Senate instructing them to sub- becomes law. mit legislative changes to the Committee on ment on breast cancer screening should ‘‘SECTION 5. The provisions of this article the Budget of the House or Senate, as the clearly state that the uncertainty of may be waived for any fiscal year during case may be, to implement the plan set forth evidence for women in this age groups which the United States experiences eco- in the concurrent resolution, with the cited is due to limitations of studies con- nomic distress or a natural or manmade dis- directives deemed to be directives within the ducted prior to the rescission of its aster the injurious effects of which are likely meaning of section 310(a) of the Congres- guidelines, and that the National Can- to be exacerbated by adherence to this arti- sional Budget Act of 1974, and with the cited cer Institute should reissue its guide- cle, and is so declared by a joint resolution, committee submissions combined without adopted by a majority of the whole number lines. substantive revision upon their receipt by of each House, which becomes law.’’ the Committee on the Budget into an omni- Hopefully, by reducing the barriers bus reconciliation bill which the Committee which presently discourage women KERRY AMENDMENT NO. 288 shall report to its House where it shall be from seeking mammograms, the adop- considered in accord with procedures set tion of this resolution will add to our (Ordered to lie on the table.) forth in section 310 of the Congressional limited arsenal of weapons to fight Mr. KERRY submitted an amend- Budget Act of 1974. breast cancer.∑ ment intended to be proposed by him ‘‘(c) the budget plan described in section (a)(1) shall be based upon Congressional f to amendment No. 277 submitted by him to the joint resolution House Joint Budget Office economic and technical as- AMENDMENTS SUBMITTED Resolution 1, supra; as follows: sumptions and estimates of the spending and revenue effects of the legislative changes de- On page 1, beginning on line 1, strike scribed in subsection (a)(2).’’ ‘‘Sense of the Congress’’ and all that follows BALANCED BUDGET through line 1 on page 3, and insert the fol- CONSTITUTIONAL AMENDMENTS lowing: BYRD AMENDMENTS NOS. 289–290 ‘‘Sense of the Congress that the Congress (Ordered to lie on the table.) of the United States currently possesses all Mr. BYRD submitted two amend- GRAMM AMENDMENTS NOS. 285–286 necessary power and authority to adopt at ments intended to be proposed by him (Ordered to lie on the table.) any time a balanced budget for the United to the joint resolution, House Joint Mr. GRAMM submitted two amend- States Government, in that its outlays do Resolution 1, supra; as follows: not exceed its receipts, and to pass and sub- ments intended to be proposed by him mit to the President all legislation as may AMENDMENT NO. 289 to the joint resolution (H.J. Res. 1) pro- be necessary to implement such a balanced On page 2, strike lines 15 through 17, and posing a balanced budget amendment budget, including legislation reducing ex- insert the following: to the Constitution of the United penditures for federally-funded programs and ‘‘SECTION 4. No bill to increase revenue States; as follows: agencies and increasing revenues. shall become law unless three-fifths of the ‘‘It is further the Sense of the Congress whole number of each House shall provide by AMENDMENT NO. 285 that it is the responsibility of members of law for such an increase by a rollcall vote. In lieu of the matter proposed to be the House of Representatives and the Senate inserted, insert the following: to do everything possible to use the power AMENDMENT NO. 290 ‘‘No bill to increase receipts shall become and authority the Congress now possesses in On page 2, strike lines 15 through 17, and law unless approved by a three-fifths major- order to conduct the fiscal affairs of the na- insert the following: ity of the whole number in each House of tion in a prudent fashion that does not per- ‘‘SECTION 4. No bill to increase tax revenue Congress.’’ mit the federal government to provide the shall become law unless three-fifths of the

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2891 whole number of each House shall provide by further information, please call Mark hearing which is scheduled to begin at law for such an increase by a rollcall vote. Rey at 202–224–2878. 9:30 a.m. The purpose of the hearing is COMMITTEE ON ENERGY AND NATURAL to receive testimony on the President’s FEINGOLD AMENDMENTS NOS. 291– RESOURCES fiscal year 1996 Budget for the Depart- 294 Mr. MURKOWSKI. Mr. President, I ment of the Interior. (Ordered to lie on the table.) would like to announce for the public The PRESIDING OFFICER. Without Mr. FEINGOLD submitted four that a hearing has been scheduled be- objection, it is so ordered. amendments intended to be proposed fore the full Committee on Energy and COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS by him to the joint resolution, House Natural Resources. Mr. SMITH. Mr. President, I ask Joint Resolution 1, supra; as follows: The hearing will take place Thurs- unanimous consent that the full Com- AMENDMENT NO. 291 day, March 2, 1995, at 9:30 a.m., in room SD–366 of the Dirksen Senate Office mittee on Environment and Public On page 3, line 8, after ‘‘principal.’’ insert Works be granted permission to meet Building in Washington, DC. ‘‘The receipts and outlays of the Tennessee Thursday, February 16, 1995, at 10:30 The purpose of this hearing is to re- Valley Authority shall not be counted as re- a.m. to receive testimony from Dan M. ceipts or outlays for purposes of this arti- ceive testimony regarding S. 443, the Berkovitz, nominated by the President cle.’’ Electric Consumers and Environmental to be member, Nuclear Regulatory Protection Act of 1995, S. 167, the Nu- AMENDMENT NO. 292 Commission; and Shirley Ann Jackson, clear Waste Police Act of 1995, and nominated by the President to be mem- On page 3, line 8, after ‘‘principal.’’ insert draft legislation being considered by ‘‘The receipts and outlays of the Tennessee ber, Nuclear Regulatory Commission. the full Committee. The PRESIDING OFFICER. Without Valley Authority shall not be counted as re- Those wishing to testify or who wish ceipts or outlays for purposes of this arti- objection, it is so ordered. cle.’’ to submit written statements should COMMITTEE ON FINANCE write to the Committee on Energy and Mr. SMITH. Mr. President, I ask AMENDMENT NO. 293 Natural Resources, U.S. Senate, Wash- unanimous consent that the Finance On page 3, line 8, after ‘‘principal.’’ insert ington, DC 20510. For further informa- Committee be permitted to meet ‘‘The receipts and outlays of all quasi-Fed- tion, please call Karen Hunsicker at Thursday, February 16, 1995, beginning eral agencies created under authority of acts (202) 224–3543. at 9:30 a.m., in room 215 of the Dirksen of Congress shall not be counted as receipts COMMITTEE ON ENERGY AND NATURAL RE- Senate Office Building, to conduct a or outlays for purposes of this article.’’ SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC hearing on indexation of assets, and on PRESERVATION AND RECREATION the nominations of Mr. Maurice Foley, AMENDMENT NO. 294 Mr. THOMAS. Mr. President, I would to be a judge on the U.S. Tax Court for On page 3, line 8, after ‘‘principal.’’ insert like to announce for the public that a a term of 15 years; Mr. Juan Vasquez, ‘‘The receipts and outlays of all quasi-Fed- joint hearing has been scheduled before to be a judge on the U.S. Tax Court for eral agencies created under authority of acts the Subcommittee on Parks, Historic of Congress shall not be counted as receipts a term of 15 years; Dr. Shirley Chater, or outlays for purposes of this article.’’ Preservation and Recreation and the nominated to be Commissioner of So- Subcommittee on National Parks, For- cial Security for a term expiring Janu- ests and Lands of the House Committee ary 19, 2001. GRAHAM AMENDMENTS NOS. 295– on Resources. The PRESIDING OFFICER. Without 296 The hearing will take place Tuesday, objection, it is so ordered. (Ordered to lie on the table.) March 7, 1995, at 9:30 a.m. in room SD– COMMITTEE ON FOREIGN RELATIONS Mr. GRAHAM submitted two amend- 366 of the Dirksen Senate Office Build- Mr. SMITH. Mr. President, I ask ments intended to be proposed by him ing in Washington, DC. unanimous consent that the Com- to the joint resolution, House Joint The purpose of this hearing is to re- mittee on Foreign Relations be author- Resolution 1, supra; as follows: ceive testimony from officials of the ized to meet during the session of the AMENDMENT NO. 295 General Accounting Office regarding Senate on Thursday, February 16, 1995, On page 2, lines 7 and 8, strike ‘‘limit on their ongoing study on the health of at 2 p.m. to hold a nomination hearing the debt of the United States held by the the National Park System. For further for Mr. Johnnie Carson to be Ambas- public’’ and insert ‘‘public debt limit of the information, please call Jim O’Toole at sador to Zimbabwe and Mr. Bismarck United States’’. (202) 224–5161. Myrick to be Ambassador to the King- dom of Lesotho. AMENDMENT NO. 296 f The PRESIDING OFFICER. Without On age 2, line 8, insert ‘‘on the effective AUTHORITY FOR COMMITTEES TO objection, it is so ordered. date of this article’’ after ‘‘public’’. MEET COMMITTEE ON FOREIGN RELATIONS f Mr. SMITH. Mr. President, I ask COMMITTEE ON ARMED SERVICES NOTICE OF HEARINGS unanimous consent that the Com- Mr. SMITH. Mr. President, I ask mittee on Foreign Relations be author- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND unanimous consent that the Com- ized to meet during the session of the MANAGEMENT mittee on Armed Services be author- Senate on Thursday, February 16, 1995, Mr. CRAIG. Mr. President, I would ized to meet at 9:30 a.m. on Thursday, at 2:30 p.m. to hold a hearing on Trade like to announce for the information of February 16, 1995, in open session (and and Investment in Africa. the Senate and the public a hearing possibly closed session), to receive tes- The PRESIDING OFFICER. Without which has been scheduled before the timony from the unified commanders objection, it is so ordered. Subcommittee on Forests and Public on their military strategies, oper- COMMITTEE ON SMALL BUSINESS Land Management. ational requirements, and the defense Mr. SMITH. Mr. President, I ask The hearing will take place on authorization request for fiscal year unanimous consent that the Com- Wednesday, March 1, 1995, at 2 p.m. in 1996, including the future years defense mittee on Small Business be authorized room SD–366 of the Dirksen Senate Of- program. to meet during the session of the Sen- fice Building in Washington, DC. The The PRESIDING OFFICER. Without ate on Thursday, February 16, at 2 purpose of the hearing is to receive tes- objection, it is so ordered. p.m., in room SR–428A, to conduct a timony on S. 391, the Federal Lands COMMITTEE ON ENERGY AND NATURAL hearing focusing on small business Forest Health Protection and Restora- RESOURCES owner’s perspective on the Small Busi- tion Act. Mr. SMITH. Mr. President, I ask ness Administration. Those wishing to testify or who wish unanimous consent that the Com- The PRESIDING OFFICER. Without to submit written statements should mittee on Energy and Natural Re- objection, it is so ordered write to the Committee on Energy and sources be granted permission to meet COMMITTEE ON INDIAN AFFAIRS Natural Resources, Subcommittee on during the session of the Senate on Mr. SMITH. Mr. President, I ask Forests and Public Land Management, Thursday, February 16, 1995, for pur- unanimous consent that the Com- U.S. Senate, Washington, DC 20510. For poses of conducting a full committee mittee on Indian Affairs be authorized

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2892 CONGRESSIONAL RECORD — SENATE February 16, 1995 to meet on Thursday, February 16, 1995, [EF–111As] were part of the initial surge of over the cost of the F–22, it is worth beginning at 9:30 a.m., in room 485 of aircraft across the Iraqi border the first considering that the 442 F–22’s pro- the Russell Senate Office Building on night of the war, and established orbits to posed will only fill out 4 of the 20 the fiscal year 1996 budget oversight escort strike packages into the H–3 and Fighter Wing Equivalents (FWE’s) in Baghdad areas. They jammed EW, height hearing. finder, GCI, and target-acquisition radars, the Bottom Up Review Force. That The PRESIDING OFFICER. Without and were effective in tricking the enemy means one of two things: First, we buy objection, it is so ordered. into opening fire at fake radar returns in 17 more FWE’s worth of stealthy tac- SUBCOMMITTEE ON CHILDREN AND FAMILIES areas where there were no Coalition aircraft. tical aircraft, or second, we accept con- Mr. SMITH. Mr. President, I ask It should be noted that only F–117’s siderably higher losses among conven- unanimous consent that the Sub- were cleared for Baghdad, a point that tional aircraft in the next conflict. For committee on Children and Families of I will return to in a moment. Congress, an ugly choice.∑ the Committee on Labor and Human The SIP will significantly enhance f Resources be authorized to meet for a the effectiveness, reliability, and main- hearing on the child care and develop- tainability of the already proven EF– RULES OF SELECT COMMITTEE ON ment block grant, during the session of 111. Unfortunately, the Air Force pro- ETHICS the Senate on Thursday, February 16, posed, and the Office of the Secretary ∑ Mr. MCCONNELL. Mr. President, in 1995, at 10 a.m. of Defense accepted, the termination of accordance with rule XXVI(2) of the The PRESIDING OFFICER. Without the SIP in fiscal year 1996 for budg- Standing Rules of the Senate, I ask objection, it is so ordered. etary reasons preparatory to retiring that the Rules of Procedure of the Se- f the aircraft in fiscal year 1997. lect Committee on Ethics, which were To compensate for the loss of EW ca- adopted February 23, 1978, and the In- ADDITIONAL STATEMENTS pability that will result from the ter- terim Procedures for Requests for Re- mination of the SIP and retirement of view Under Section 308 of the Govern- EROSION OF U.S. ELECTRONIC the EF–111A, the Air Force has sug- ment Employee Rights Act of 1991 be WARFARE CAPABILITY gested a number of alternatives: printed in the CONGRESSIONAL RECORD Navy EA–6B’s can handle EW duties: for the 104th Congress. ∑ Mr. D’AMATO. Mr. President, the Air Jointness at its most cynical. The EA–6B Ad- The material follows: Force and Navy are quietly scrapping vanced Capability (ADVCAP) upgrade was SELECT COMMITTEE ON ETHICS— our electronic warfare [EW] squadrons. cancelled by the Navy in February 1994. The At best, the Services are making penny future of Navy EW is in disarray, and it is RULE 1. GENERAL PROCEDURES wise and pound foolish decisions. At likely that EA–6B modernization will be lim- (a) Officers: The Committee shall select a worst, the Air Force and Navy are at- ited to safety of flight improvements until Chairman and a Vice Chairman from among tempting to force Congress into fund- the retirement of the aircraft; its Members. In the absence of the Chairman, Stealthy aircraft require less EW support: the duties of the Chair shall be filled by the ing an all-stealthy tactical aviation Perhaps, but, as mentioned before, F–117’s Vice Chairman or, in the Vice Chairman’s fleet. Either way, America is on the benefited from EW support in the skies over absence, a Committee Member designated by verge of losing its decisive edge in EW. Baghdad. Stealth is actually an EW force the Chairman. Reviewing the ‘‘Conduct of the Per- multiplier, because the jamming power and (b) Procedural Rules: The basic procedural sian Gulf War,’’ one is struck by the techniques needed to hide an aircraft with rules of the Committee are stated as a part crucial role EW played in achieving air the radar cross section (RCS) of a B–52 will of the Standing Orders of the Senate in Sen- superiority: be many times more effective hiding an air- ate Resolution 338, 88th Congress, as amend- craft with the RCS of a sparrow; and, ed, as well as other resolutions and laws. The attacks on the Iraqi electronic order Jamming pods can replace stand-off Supplementary Procedural Rules are stated of battle [EOB] affected every aspect of [the] jammers: This is, at best, only a partial solu- herein and are hereinafter referred to as the air supremacy operation. Coalition aircraft tion. Pods provide only self-protection, fre- Rules. The Rules shall be published in the conducting air defense suppression missions quencies, power output, and techniques are Congressional Record not later than thirty saturated Iraqi airspace with jammers, limited, man-in-the-loop responsiveness is days after adoption, and copies shall be made shooters, and bombers. Iraqi defense that at- lost, and aircraft maneuverability, payload, available by the Committee office upon re- tempted to engage were disrupted, and speed, and range are reduced. quest. risked being destroyed. EF–111A’s and EA– (c) Meetings; 6B’s were used in stand-off and close-in or- The menu of options presented by the Air Force is hardly ideal, and, taken (1) The regular meeting of the Committee bits to jam early warning, acquisition, and shall be the first Thursday of each month [Ground Control Intercept] GCI radars. EC– separately, or in some combination, while the Congress is in session. 130H Compass Call aircraft jammed radio represent a significant diminution of (2) Special meetings may be held at the communications, data links, and navigation U.S. EW capability. Worse yet, the use call of the Chairman or Vice Chairman if at systems. F–4G’s, F–16’s, EA–6B’s, A–6E’s, A– of prior year EF–111A SIP funds as a least forty-eight hours notice is furnished to 7E’s, and F/A–18’s used [High-Speed Anti-Ra- source for the supplemental by the all Members. If all Members agree, a special diation Missiles] HARMs to destroy acquisi- House Appropriations Committee may meeting may be held on less than forty-eight tion, GCI, and target tracking radars. Var- hours notice. ious aircraft dropped bombs on air defense foreclose our opportunity to debate the wisdom of the EF–111A SIP cancella- (3)(A) If any Member of the Committee de- emplacements and control facilities. [Sup- sires that a special meeting of the Com- pression of Enemy Air Defenses] SEAD tion. If prior year EF–111A SIP funds mittee be called, the Member may file in the forces and bomb droppers caused confusion, are rescinded, the termination of the office of the Committee a written request to hesitation, and loss of capability, which de- program will be irreversible. the Chairman or Vice Chairman for that spe- graded Iraqi air defense capability. So what do we do? First, drop EF– cial meeting. This confusion, hesitation, and loss 111A SIP funds as a source for the sup- (B) Immediately upon the filing of the re- of capability was directly responsible plemental. Second, pry loose the con- quest the Clerk of the Committee shall no- for the spectacular success of our air gressionally mandated Joint Tactical tify the Chairman and Vice Chairman of the and ground campaigns. More impor- Electronic Warfare Study. Third, if the filing of the request. If, within three cal- tantly, air superiority was a key ele- endar days after the filing of the request, the study says what I think it will, ensure Chairman or the Vice Chairman does not call ment in reducing Coalition losses in that the fiscal year 1996 defense au- the requested special meeting, to be held men and material. Yet, a mere 4 years thorization and appropriations bills in- within seven calendar days after the filing of since Desert Storm, our EW capability clude funds to maintain and modernize the request, any three of the Members of the is rapidly wasting away for lack of the EF–111A, EA–6B, and F–4G (‘‘Wild Committee may file their written notice in funds. Weasel’’) fleets. the office of the Committee that a special The most immediate dilemma facing The alternative is to let the services meeting of the Committee will be held at a Congress is the proposed termination have their way, and let America’s EW specified date and hour; such special meeting of the EF–111A System Improvement advantage erode. This erosion will have may not occur until forty-eight hours after the notice is filed. The Clerk shall imme- Program (SIP). EF–111 performance, profound implications for Congress. diately notify all Members of the Committee pre-SIP, was described in glowing Without proper EW support, conven- of the date and hour of the special meeting. terms in the ‘‘Conduct of the Persian tional aircraft are almost immediately The Committee shall meet at the specified Gulf War:’’ obsolete. For Members vaporlocking date and hour.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2893 (d) Quorum: in a public session shall be made available to (3) A Member may also disqualify himself (1) A majority of the Members of the Select any witness if he so requests. (See Rule 6 on from participating in a Committee pro- Committee shall constitute a quorum for the Procedures for Conducting Hearings.) ceeding in other circumstances not listed in transaction of business involving complaints (i) Secrecy of Executive Testimony and Ac- subparagraph (k)(1). and allegations of misconduct, including the tion and of Complaint Proceedings: (4) The President of the Senate shall be consideration of matters involving sworn (1) All testimony and action taken in exec- given written notice of the ineligibility or complaints, unsworn allegations or informa- utive session shall be kept secret and shall disqualification of any Member from any ini- tion, resultant preliminary inquiries, initial not be released outside the Committee to tial review, investigation, or other pro- reviews, investigations, hearings, rec- any individual or group, whether govern- ceeding requiring the appointment of an- ommendations or reports and matters relat- mental or private, without the approval of a other Member in accordance with subpara- ing to Senate Resolution 400, agreed to May majority of the Committee. graph (k)(5). 19, 1976. (2) All testimony and action relating to a (5) Whenever a Member of the Committee (2) Three Members shall constitute a sworn complaint shall be kept secret and is ineligible to participate in or disqualifies quorum for the transaction of the routine shall not be released by the Committee to himself from participating in any initial re- business of the Select Committee not cov- any individual or group, whether govern- view, investigation, or other substantial ered by the first subparagraph of this para- mental or private, except the respondent, Committee proceeding, another Member of graph, including requests for opinions and without the approval of a majority of the the Senate who is of the same party shall be interpretations concerning the Code of Offi- Committee, until such time as a report to appointed by the Senate in accordance with cial Conduct or any other statute or regula- the Senate is required under Senate Resolu- the provisions of paragraph 1 of Rule XXIV tion under the jurisdiction of the Select tion 338, 88th Congress, as amended, or unless of the Standing Rules of the Senate, to serve Committee, if one Member of the quorum is otherwise permitted under these Rules. (See as a Member of the Committee solely for the a Member of the majority Party and one Rule 9 on Procedures for Handling Com- purposes of that proceeding. Member of the quorum is a Member of the mittee Sensitive and Classified Materials.) (6) A Member of the Committee staff shall minority Party. During the transaction of (j) Release of Reports to Public: No infor- be ineligible to participate in any Com- routine business any Member of the Select mation pertaining to, or copies of any Com- mittee proceeding that the staff director or Committee constituting the quorum shall mittee report, study, or other document outside counsel determines relates specifi- have the right to postpone further discussion which purports to express the view, findings, cally to any of the following: of a pending matter until such time as a ma- conclusions or recommendations of the Com- (A) the staff Member’s own conduct; jority of the Members of the Select Com- mittee in connection with any of its activi- (B) the conduct of any employee that the mittee are present. ties or proceedings may be released to any staff Member supervises; (3) Except for an adjudicatory hearing individual or group whether governmental or (C) the conduct of any Member, officer or under Rule 6 and any deposition taken out- private, without the authorization of the employee for whom the staff Member has side the presence of a Member under Rule 7, Committee. Whenever the Chairman or Vice worked for any substantial period; or one Member shall constitute a quorum for Chairman is authorized to make any deter- (D) a complaint, sworn or unsworn, that hearing testimony, provided that all Mem- mination, then the determination may be re- was filed by the staff Member. At the direc- bers have been given notice of the hearing leased at his or her discretion. Each Member tion or with the consent of the staff director and the Chairman has designated a Member of the Committee shall be given a reasonable or outside counsel, a staff Member may also of the majority Party and the Vice Chairman opportunity to have separate views included be disqualified from participating in a Com- has designated a Member of the minority as part of any Committee report. (See Rule 9 mittee proceeding in other circumstances Party to be in attendance, either of whom in on Procedures for Handling Committee Sen- not listed above. the absence of the other may constitute the sitive and Classified Materials.) (l) Recorded Votes: Any Member may re- quorum. (k) Ineligibility or Disqualification of quire a recorded vote on any matter. (e) Order of Business: Questions as to the Members and Staff: (m) Proxies; Recording Votes of Absent order of business and the procedure of the (1) A Member of the Committee shall be in- Members: Committee shall in the first instance by de- eligible to participate in any Committee pro- (1) Proxy voting shall not be allowed when cided by the Chairman and Vice Chairman, ceeding that relates specifically to any of the question before the Committee is the ini- subject to reversal by a vote by a majority of the following: tiation or continuation of an initial review the Committee. (A) the Member’s own conduct; or an investigation, or the issuance of a re- (f) Hearings Announcements: The Com- (B) The conduct of any employee or officer port or recommendation related thereto con- mittee shall make public announcement of that the Member supervises, as defined in cerning a Member or officer of the Senate. In the date, place and subject matter of any paragraph [12] of Rule XXXVII of the Stand- any such case an absent Member’s vote may hearing to be conducted by it at least one ing Rules of the Senate; be announced solely for the purpose of re- week before the commencement of that hear- (C) The conduct of any employee or any of- cording the Member’s position and such an- ing, and shall publish such announcement in ficer that the Member supervises; or nounced votes shall not be counted for or the Congressional Record. If the Committee (D) A complaint, sworn or unsworn, that against the motion. determines that there is good cause to com- was filed by a Member, or by any employee (2) On matters other than matters listed in mence a hearing at an earlier date, such no- or officer that the Member supervises. paragraph (m)(1) above, the Committee may tice will be given at the earliest possible (2) If any Committee proceeding appears to order that the record be held open for the time. relate to a Member of the Committee in a vote of absentees or recorded proxy votes if (g) Open and Closed Committee Meetings: manner described in subparagraph (1) of this the absent Committee Member has been in- Meetings of the Committee shall be open to paragraph, the staff shall prepare a report to formed of the matter on which the vote oc- the public or closed to the public (executive the Chairman and Vice Chairman. If either curs and has affirmatively requested the session), as determined under the provisions the Chairman or the Vice Chairman con- Chairman or Vice Chairman in writing that of paragraphs 5(b) to (d) of Rule XXVI of the cludes from the report that it appears that he be so recorded. Standing Rules of the Senate. Executive ses- the Member may be ineligible, the Member (3) All proxies shall be in writing, and shall sion meetings of the Committee shall be shall be notified in writing of the nature of be delivered to the Chairman or Vice Chair- closed except to the Members and the staff of the particular proceeding and the reason man to be recorded. the Committee. On the motion of any Mem- that it appears that the Member may be in- (4) Proxies shall not be considered for the ber, and with the approval of a majority of eligible to participate in it. If the Member purpose of establishing a quorum. the Committee Members present, other indi- agrees that he or she is ineligible, the Mem- (n) Approval of Blind Trusts and Foreign viduals may be admitted to an executive ses- ber shall so notify the Chairman or Vice Travel Requests Between Sessions and Dur- sion meeting for a specified period or pur- Chairman. If the Member believes that he or ing Extended Recesses: During any period in pose. she is not ineligible, he or she may explain which the Senate stands in adjourment be- (h) Record of Testimony and Committee the reasons to the Chairman and Vice Chair- tween sessions of the Congress or stands in a Action: An accurate stenographic or tran- man, and if they both agree that the Member recess scheduled to extend beyond fourteen scribed electronic record shall be kept of all is not ineligible, the Member shall continue days, the Chairman and Vice Chairman, or Committee proceedings, whether in execu- to serve. But if either the Chairman or Vice their designees, acting jointly, are author- tive or public session. Such record shall in- Chairman continues to believe that the ized to approve or disapprove blind trusts clude Senators’ votes on any question on Member is ineligible, while the Member be- under the provision of Rule XXXIV, and to which a recorded vote is held. The record of lieves that he or she is not ineligible, the approve or disapprove foreign travel requests a witness’ testimony, whether in public or matter shall be promptly referred to the which require immediate resolution. executive session, shall be made available for Committee. The Member shall present his or (o) Committee Use of Services or Employ- inspection to the witness or his counsel her arguments to the Committee in execu- ees of Other Agencies and Departments: With under Committee supervision; a copy of any tive session. Any contested questions con- the prior consent of the department or agen- testimony given by that witness in public cerning a Member’s eligibility shall be de- cy involved, the Committee may (1) utilize session, or that part of the testimony given cided by a majority vote of the Committee, the services, information, or facilities of any by the witness in executive session and sub- meeting in executive session, with the Mem- such department or agency of the Govern- sequently quoted or made part of the record ber in question not participating. ment, and (2) employ on a reimbursable basis

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2894 CONGRESSIONAL RECORD — SENATE February 16, 1995 or otherwise the services of such personnel of (3) A sworn complaint against any Mem- (A) No further action is appropriate, be- any such department or agency as it deems ber, officer, or employee of the Senate that cause the alleged improper conduct or viola- advisable. With the consent of any other is determined by the Committee to be in sub- tion is clearly not within the jurisdiction of committee of the Senate, or any sub- stantial compliance shall be transmitted to the Committee; committee, the Committee may utilize the the respondent within five days of the deter- (B) No further action is appropriate, be- facilities and the services of the staff of such mination. The transmittal notice shall in- cause there is no reason to believe that the other committee or subcommittee whenever clude the date upon which the complaint, alleged improper conduct or violation may the Chairman and Vice Chairman of the was received, a statement that the com- have occurred; or Committee, acting jointly, determine that plaint conforms to the applicable rules, a (C) The unsworn allegations or informa- such action is necessary and appropriate. statement that the Committee will imme- tion, and a report on the preliminary in- quiry, should be referred to the Committee, RULE 2: PROCEDURES FOR SWORN COMPLAINTS diately begin an initial review of the com- plaint, and a statement inviting the respond- to determine whether an initial review (a) Sworn Complaints: Any person may file should be undertaken. (See paragraph (d).) a sworn complaint with the Committee, al- ent to provide any information relevant to the complaint to the Committee. A copy of (4) If the Chairman and the Vice Chairman leging that any Senator, or officer, or em- are unable to agree on a determination at the Rules of the Committee shall be supplied ployee of the Senate has violated a law, the the conclusion of a preliminary inquiry, then with the notice. Senate Code of Official Conduct, or any rule they shall refer the allegations or informa- or regulation of the Senate relating to the RULE 3: PROCEDURES ON RECEIPT OF ALLEGA- tion to the Committee, with a report on the conduct of any individual in the performance TIONS OTHER THAN A SWORN COMPLAINT; PRE- preliminary inquiry, for the Committee to of his or her duty as a Member, officer, or LIMINARY INQUIRY determine whether an initial review should employee of the Senate, or has engaged in (a) Unsworn Allegations or Information: be undertaken. (See paragraph (d).) improper conduct which may reflect upon Any Member or Staff Member of the Com- (5) A preliminary inquiry shall be com- the Senate. mittee shall report to the Committee, and pleted within sixty days after the unsworn (b) Form and Content of Complaints: A any other person may report to the Com- allegations or information were received by complaint filed under paragraph (a) shall be mittee, any credible information available to the Chairman and Vice Chairman. The sixty in writing and under oath, and shall set forth him or her that indicates that any named or day period may be extended for a specified in simple, concise and direct statements: unnamed Member, officer or employees of period by the Chairman and Vice Chairman, (1) The name and legal address of the party the Senate may have— acting jointly. A preliminary inquiry is com- filing the complaint (hereinafter, the com- (1) violated the Senate Code of Official pleted when the Chairman and the Vice plainant); Conduct; Chairman have made the determination re- (2) The name and position or title of each (2) violated a law; quired by subparagraphs (3) and (4) of this Member, officer, or employee of the Senate (3) violated any rule or regulation of the paragraph. who is specifically alleged to have engaged Senate relating to the conduct of individuals (d) Determination Whether To Conduct an in the improper conduct or committed the in the performance of their duties as Mem- Initial Review: When information or allega- violation (hereinafter, the respondent); bers, officers, or employees of the Senate; or tions are presented to the Committee by the (3) The nature of the alleged improper con- (4) engaged in improper conduct which may Chairman and the Vice Chairman, the Com- duct or violation, including, if possible, the reflect upon the Senate. Such allegations or mittee shall determine whether an initial re- specific provision of the Senate Code of Offi- information may be reported to the Chair- view should be undertaken. cial Conduct or other law, rule, or regulation man, the Vice Chairman, a Committee Mem- (1) An initial review shall be undertaken alleged to have been violated. ber, or a Committee staff Member. when— (4)(A) A statement of the facts within the (b) Sources of Unsworn Allegations or In- (A) there is reason to believe on the basis personal knowledge of the complainant that formation: The information to be reported to of the information before the Committee are alleged to constitute the improper con- the Committee under paragraph (a), may be that the possible improper conduct or viola- duct or violation. obtained from a variety of sources, including tion may be within the jurisdiction of the (B) The term ‘‘personal knowledge’’ is not but not limited to the following: Committee; and intended to and does not limit the complain- (1) sworn complaints that do not satisfy all (B) there is reason to believe on the basis ant’s statement to situations that he or she of the requirements of Rule 2; of the information before the Committee personally witnessed or to activities in (2) anonymous or informal complaints, that the improper conduct or violation may which the complainant was a participant. whether or not satisfying the requirements have occurred. (C) Where allegations in the sworn com- of Rule 2; (2) The determination whether to under- plaint are made upon the information and (3) information developed during a study or take an initial review shall be made by re- belief of the complainant, the complaint inquiry by the Committee or other commit- corded vote within thirty days following the shall so state, and shall set forth the basis tees or subcommittees of the Senate, includ- Committee’s receipt of the unsworn allega- for such information and belief. ing information obtained in connection with tions or information from the Chairman or (5) The complainant must swear that all of legislative or general oversight hearings; Vice Chairman, or at the first meeting of the the information contained in the complaint (4) information reported by the news Committee thereafter if none occurs within either (a) is true, or (b) was obtained under media; or thirty days, unless this time is extended for circumstances such that the complainant (5) information obtained from any indi- a specified period by the Committee. has sufficient personal knowledge of the vidual, agency or department of the execu- (3) The Committee may determine that an source of the information reasonably to be- tive branch of the Federal Government. initial review is not warranted because (a) lieve that it is true. The complainant may so (c) Preliminary Inquiry: there is no reason to believe on the basis of swear either by oath or by solemn affirma- (1) When information is presented to the the information before the Committee that tion before a notary public or other author- Committee pursuant to paragraph (a), it the improper conduct or violation may have ized official. shall immediately be transmitted to the occurred, or (b) the improper conduct or vio- (6) All documents in the possession of the Chairman and the Vice Chairman, for one of lation, even if proven, is not within the juris- complainant relevant to or in support of his the following actions: diction of the Committee. or her allegations may be appended to the (A) The Chairman and Vice Chairman, act- (A) If the Committee determines that an complaint. ing jointly, may conduct or may direct the initial review is not warranted, it shall (c) Processing of Sworn Complaints: Committee staff to conduct, a preliminary promptly notify the complainant, if any, and (1) When the Committee receives a sworn inquiry. any known respondent. complaint against a Member, officer or em- (B) The Chairman and Vice Chairman, act- (B) If there is a complainant, he or she ployee of the Senate, it shall determine by ing jointly may present the allegations or in- may also be invited to submit additional in- majority vote whether the complaint is in formation received directly to the Com- formation, and notified of the procedures for substantial compliance with paragraph (b) of mittee for it to determine whether an initial filing a sworn complaint. If the complainant this rule. review should be undertaken. (See paragraph later provides additional information, not in (2) If it is determined by the Committee (d).) the form of a sworn complaint, it shall be that a sworn complaint does not substan- (2) A preliminary inquiry may include any handled as a new allegation in accordance tially comply with the requirements of para- inquiries, interviews, sworn statements, with the procedures of Rule 3. If he or she graph (b), complaint shall be returned depositions, and subpoenas that the Chair- submits a sworn complaint, it shall be han- promptly to the complainant, with a state- man and Vice Chairman deem appropriate to dled in accordance with Rule 2. ment explaining how the complaint fails to obtain information upon which to make any (4)(A) The Committee may determine that comply and a copy of the rules for filing determination provided for by this Rule. there is reason to believe on the basis of the sworn complaints. The complainant may re- (3) At the conclusion of a preliminary in- information before it that the improper con- submit the complaint in the proper form. If quiry, the Chairman and Vice Chairman duct or violation may have occurred and the complaint is not revised so that it sub- shall receive a full report of its findings. The may be within the jurisdiction of the Com- stantially complies with the stated require- Chairman and Vice Chairman, acting jointly, mittee, and that an initial review must ments, the Committee may in its discretion shall then determine what further action, if therefore be conducted. process the complaint in accordance with any, is appropriate in the particular case, in- (B) If the Committee determines that an Rule 3. cluding any of the following: initial review will be conducted, it shall

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2895 promptly notify the complainant, if any, and (2) The Committee may determine that (d) Right to a Hearing: The Committee the respondent, if any. there is such substantial credible evidence, shall accord a respondent an opportunity for (C) The notice required under subpara- but that the alleged violation is inadvertent, a hearing before it recommends disciplinary graph (B) shall include a general statement technical, or otherwise of a de minimis na- action against that respondent to the Sen- of the information or allegations before the ture. In this case, the Committee may at- ate. Committee and a statement that the Com- tempt to correct or to prevent such violation (e) Progress Report to Committee: The mittee will immediately begin an initial re- by informal methods. The Committee’s final Committee staff or outside counsel shall pe- view of the complaint. A copy of the Rules of determination in this matter shall be re- riodically report to the Committee con- the Committee shall be supplied with the no- ported to the complainant, if any, and to the cerning the progress of the investigation. tice. respondent, if any. Such reports shall be delivered to the Com- (5) If a Member of the Committee believes (3) The Committee may determine that mittee in the form and according to the that the preliminary inquiry has provided there is such substantial credible evidence, schedule prescribed by the Committee, and sufficient information for the Committee to but that the alleged violation, if proven, al- shall be confidential. determine whether there is substantial cred- though not of a de minimis nature, would (f) Report of Investigation: ible evidence which provides substantial not be sufficiently serious to justify the se- (1) Upon completion of an investigation, cause for the Committee to conclude that a vere disciplinary actions specified in Senate including any hearings held pursuant to Rule violation within the jurisdiction of the Com- Resolution 338, 88th Congress, as amended 6, the outside counsel or the staff shall sub- mittee has occurred, the Member may move (i.e., for a Member, censure, explusion, or mit a confidential written report to the that the Committee dispense with the initial recommendation to the appropriate party Committee, which shall detail the factual review and move directly to the determina- conference regarding the Member’s seniority findings of the investigation and which may tions described in Rule 4(f). The Committee or positions of responsibility; or for an offi- recommend disciplinary action, if appro- may adopt such a motion by majority vote of cer or employee, suspension or dismissal). In priate. Findings of the fact of the investiga- the full Committee. this case, the Committee, by the recorded af- tion shall be detailed in this report whether RULE 4: PROCEDURES FOR CONDUCTING AN firmative vote of at least four Members, may or not disciplinary action is recommended. INITIAL REVIEW propose a remedy that it deems appropriate. (2) The Committee shall consider the re- port of the staff or outside counsel promptly (a) Basis for Initial Review: The Com- If the respondent agrees to the proposed rem- following its submission. The Committee mittee shall promptly commence an initial edy, a summary of the Committee’s conclu- shall prepare and submit a report to the Sen- review whenever it has received either (1) a sions and the remedy proposed and agreed to ate, including a recommendation to the Sen- sworn complaint that the Committee has de- shall be filed as a public record with the Sec- ate concerning disciplinary action, if appro- termined is in substantial compliance with retary of the Senate and a notice of the fil- priate. A report shall be issued, stating in the requirements of Rule 2, or (2) unsworn al- ing shall be printed in the CONGRESSIONAL detail the Committee’s findings of fact, legations or information that have caused RECORD. (4) The Committee may determine, by re- whether or not disciplinary action is rec- the Committee to determine in accordance corded affirmative vote of at least four Mem- ommended. The report shall also explain with Rule 3 that an initial review must be bers, that there is such substantial credible fully the reasons underlying the Commit- conducted. evidence, and also either: tee’s recommendation concerning discipli- (b) Scope of Initial Review: (A) that the violation, if proved, would be nary action, if any. No recommendation or (1) The initial review shall be of such dura- sufficiently serious to warrant imposition of resolution of the Committee concerning the tion and scope as may be necessary to deter- one of the severe disciplinary actions listed investigation of a Member, officer or em- mine whether there is substantial credible in paragraph (3); or ployee of the Senate may be approved except evidence which provides substantial cause (B) that the violation, if proven, is less se- by the affirmative recorded vote of not less for the Committee to conclude that a viola- rious, but was not resolved pursuant to the than four Members of the Committee. tion within the jurisdiction of the Com- procedure in paragraph (3). In either case, (3) Promptly, after the conclusion of the mittee has occurred. the Committee shall order that an investiga- investigation, the Committee’s report and (2) An initial review may include any in- tion promptly be conducted in accordance recommendation shall be forwarded to the quiries, interviews, sworn statements, depo- with Rule 5. Secretary of the Senate, and a copy shall be sitions, and subpoenas that the Committee provided to the complainant and the re- deems appropriate to obtain information RULE 5: PROCEDURES FOR CONDUCTING AN spondent. The full report and recommenda- upon which to make any determination pro- INVESTIGATION tion shall be printed and made public, unless vided for by this Rule. (a) Definition of Investigation: An ‘‘inves- (c) Opportunity for Response: An initial re- tigation’’ is a proceeding undertaken by the the Committee determines by majority vote view may include an opportunity for any Committee, by recorded affirmative vote of that it should remain confidential. known respondent or his designated rep- at least four Members, after a finding on the RULE 6: PROCEDURES FOR HEARINGS resentative, to present either a written or basis of an initial review that there is sub- (a) Right to Hearing: The Committee may oral statement, or to respond orally to ques- stantial credible evidence which provides hold a public or executive hearing in any in- tions from the Committee. Such an oral substantial cause for the Committee to con- quiry, initial review, investigation, or other statement or answers shall be transcribed clude that a violation within its jurisdiction proceeding. The Committee shall accord a and signed by the person providing the state- has occurred. respondent an opportunity for a hearing be- ment or answers. (b) Scope of Investigation: When the Com- fore it recommends disciplinary action (d) Status Reports: The Committee staff or mittee decides to conduct an investigation, against that respondent to the Senate. (See outside counsel shall periodically report to it shall be of such duration and scope as is Rule 5(d).) the Committee in the form and according to necessary for the Committee to determine (b) Non-Public Hearings: The Committee the schedule prescribed by the Committee. whether a violation within its jurisdiction may at any time during a hearing determine The reports shall be confidential. has occurred. In the course of the investiga- in accordance with paragraph 5(b) of Rule (e) Final Report: When the initial review is tion, designated outside counsel, or if the XXVI of the Standing Rules of the Senate completed, the staff or outside counsel shall Committee determines not to use outside whether to receive the testimony of specific make a confidential report to the Committee counsel, the Committee or its staff, may con- witnesses in executive session. If a witness on findings and recommendations. duct inquiries or interviews, take sworn desires to express a preference for testifying (f) Committee Action: As soon as practical statements, use compulsory process as de- in public or in executive session, he or she following submission of the report on the ini- scribed in Rule 7, or take any other actions shall so notify the Committee at least five tial review, the Committee shall determine that the Committee deems appropriate to se- days before he or she is scheduled to testify. by a recorded vote whether there is substan- cure the evidence necessary to make this de- (c) Adjudicatory Hearings: The Committee tial credible evidence which provides sub- termination. may, by majority vote, designate any public stantial cause for the Committee to conclude (c) Notice to Respondent: The Committee or executive hearing as an adjudicatory that a violation within the jurisdiction of shall give written notice to any know re- hearing; and, any hearing which is concerned the Committee has occurred. The Committee spondent who is the subject of an investiga- with possible disciplinary action against a may make any of the following determina- tion. The notice shall be sent to the respond- respondent or respondents designated by the tions: ent no later than five working days after the Committee shall be an adjudicatory hearing. (1) The Committee may determine that Committee has voted to conduct an inves- In any adjudicatory hearing, the procedures there is not such substantial credible evi- tigation. The notice shall include a state- described in paragraph (j) shall apply. dence. In this case, the Committee shall re- ment of the nature of the possible violation, (d) Subpoena Power: The Committee may port its determination to the complainant, if and a description of the evidence indicating require, by subpoena or otherwise, the at- any, and to the respondent, together with an that a possible violation occurred. The Com- tendance and testimony of such witnesses explanation of the basis for the determina- mittee shall offer the respondent an oppor- and the production of such correspondence, tion. The explanation may be as detailed as tunity to present a statement or to respond books, papers, documents or other articles as the Committee desires, but it is not required to questions from Members of the Com- it deems advisable. (See Rule 7.) to include a complete discussion of the evi- mittee, the Committee staff, or outside (e) Notice of Hearings: The Committee dence collected in the initial review. counsel. shall make public an announcement of the

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If the Vice Chairman is under this paragraph shall be subject to an mittee may admit evidence subject to the also absent, a Committee Member designated appropriate agreement limiting access and provisions of this paragraph only upon a de- by the Chairman shall preside. If an oath or disclosure. termination of a majority of the Members of affirmation is required, it shall be adminis- (D) If a respondent refuses to provide the the full Committee that the interests of jus- tered to a witness by the Presiding Officer, information and documents to the Com- tice require that such evidence be admitted. or in his absence, by any Committee Mem- mittee (see A) and (B) of this subparagraph), (7) Supplementary hearing procedures: The ber. or if a respondent or other individual vio- Committee may adopt any additional special (g) Witnesses: lates an agreement limiting access and dis- hearing procedures that it deems necessary (1) A subpoena or other request to testify closure, the Committee, by majority vote, or appropriate to a particular adjudicatory shall be served on a witness sufficiently in may recommend to the Senate that the of- hearing. Copies of such supplementary proce- advance of his or her scheduled appearance fender be cited for contempt of Congress. dures shall be furnished to witnesses and re- to allow the witness a reasonable period of (3) Swearing of witnesses: All witnesses spondents, and shall be made available upon time, as determined by the Committee, to who testify at adjudicatory hearings shall be request to any Member of the public. prepare for the hearing and to employ coun- sworn unless the Presiding Officer, for good (k) Transcripts: sel if desired. cause, decides that a witness does not have (1) An accurate stenographic or recorded (2) The Committee may, by majority vote, to be sworn. transcript shall be made of all public and ex- rule that no Member of the Committee or (4) Right to counsel: Any witness at an ad- ecutive hearings. Any Member of the Com- staff or outside counsel shall make public judicatory hearing may be accompanied by mittee, Committee staff Member, outside the name of any witness subpoenaed by the counsel of his or her own choosing, who shall counsel retained by the Committee, or wit- Committee before the date of that witness’ be permitted to advise the witness of his or ness may examine a copy of the transcript scheduled appearance, except as specifically legal rights during the testimony. retained by the Committee of his or her own authorized by the Chairman and Vice Chair- (5) Right to cross-examine and call wit- remarks and may suggest to the official re- man, acting jointly. nesses: porter any typographical or transcription er- (3) Any witness desiring to read a prepared (A) In adjudicatory hearings, any respond- rors. If the reporter declines to make the re- or written statement in executive or public ent who is the subject of an investigation, quested corrections, the Member, staff Mem- hearings shall file a copy of such statement and any other person who obtains the per- ber, outside counsel or witness may request with the Committee at least two working mission of the Committee, may personally or a ruling by the Chairman and Vice Chair- days in advance of the hearing at which the through counsel cross-examine witnesses man, acting jointly. Any Member or witness statement is to be presented. The Chairman called by the Committee and may call wit- shall return the transcript with suggested and Vice Chairman shall determine whether nesses in his or her own behalf. corrections to the Committee offices within such statements may be read or placed in the (B) A respondent may apply to the Com- five working days after receipt of the tran- record of the hearing. mittee for the issuance of subpoenas for the script, or as soon thereafter as is practicable. (4) Insofar as practicable, each witness appearance of witnesses or the production of If the testimony was given in executive ses- shall be permitted to present a brief oral documents on his or her behalf. An applica- sion, the Member or witness may only in- opening statement, if he or she desires to do tion shall be approved upon a concise show- spect the transcript at a location determined so. ing by the respondent that the proposed tes- by the Chairman and Vice Chairman, acting (h) Right To Testify: Any person whose timony or evidence is relevant and appro- jointly. Any questions arising with respect name is mentioned or who is specifically priate, as determined by the Chairman and to the processing and correction of tran- identified or otherwise referred to in testi- Vice Chairman. scripts shall be decided by the Chairman and mony or in statements made by a Committee (C) With respect to witnesses called by a Vice Chairman, acting jointly. Member, staff Member or outside counsel, or respondent, or other individual given permis- (2) Except for the record of a hearing which any witness, and who reasonably believes sion by the Committee, each such witness is closed to the public, each transcript shall that the statement tends to adversely affect shall first be examined by the party who be printed as soon as is practicable after re- his or her reputation may— called the witness or by the party’s counsel. ceipt of the corrected version. The Chairman (1) Request to appear personally before the (D) At least one working day before a wit- and Vice Chairman, acting jointly, may Committee to testify in his or her own be- ness’ scheduled appearance, a witness or a order the transcript of a hearing to be print- half; or witness’ counsel may submit to the Com- ed without the corrections of a Member or (2) File a sworn statement of facts relevant mittee written questions proposed to be witness if they determine that such Member to the testimony or other evidence or state- asked of that witness. If the Committee de- or witness has been afforded a reasonable ment of which he or she complained. Such termines that it is necessary, such questions time to correct such transcript and such request and such statement shall be sub- may be asked by any Member of the Com- transcript has not been returned within such mitted to the Committee for its consider- mittee, or by any Committee staff Member if time. ation and action. directed by a Committee Member. The wit- (3) The Committee shall furnish each wit- (i) Conduct of Witnesses and Other ness or witness’ counsel may also submit ad- ness, at no cost, one transcript copy of that Attendees: The Presiding Officer may punish ditional sworn testimony for the record witness’ testimony given at a public hearing. any breaches of order and decorum by cen- within twenty-four hours after the last day If the testimony was given in executive ses- sure and exclusion from the hearings. The that the witness has testified. The insertion sion, then a transcript copy shall be provided Committee, by majority vote, may rec- of such testimony in that day’s record is sub- upon request, subject to appropriate condi- ommend to the Senate that the offender be ject to the approval of the Chairman and tions and restrictions prescribed by the cited for contempt of Congress. Vice Chairman acting jointly within five Chairman and Vice Chairman. If any indi- (j) Adjudicatory Hearing Procedures: days after the testimony is received. vidual violates such conditions and restric- (1) Notice of hearings: A copy of the public (6) Admissibility of evidence: tions, the Committee may recommend by announcement of an adjudicatory hearing, (A) The object of the hearing shall be to as- majority vote that he or she be cited for con- required by paragraph (e), shall be furnished certain the truth. Any evidence that may be tempt of Congress. together with a copy of these Rules to all relevant and probative shall be admissible RULE 7: SUBPOENAS AND DEPOSITIONS witnesses at the time that they are subpoe- unless privileged under the Federal Rules of (a) Subpoenas: naed or otherwise summoned to testify. Evidence. Rules of evidence shall not be ap- (1) Authorization for Issuance: Subpoenas (2) Preparation for adjudicatory hearings: plied strictly, but the Presiding Officer shall for the attendance and testimony of wit- (A) At least five working days prior to the exclude irrelevant or unduly repetitious tes- nesses at depositions or hearings, and sub- commencement of an adjudicatory hearing, timony. Objections going only to the weight poenas for the production of documents and the Committee shall provide the following that should be given evidence will not justify tangible things at depositions, hearings, or information and documents to the respond- its exclusion. other times and places designated therein, ent, if any: (B) The Presiding Officer shall rule upon may be authorized for issuance by either (A) (i) a list of proposed witnesses to be called any question of the admissibility of testi- a majority vote of the Committee, or (B) the at the hearing; mony or other evidence presented to the Chairman and Vice Chairman, acting jointly, (ii) copies of all documents expected to be Committee. Such rules shall be final unless at any time before a preliminary inquiry, for introduced as exhibits at the hearing; and reversed or modified by a majority vote of the purpose of obtaining information to (iii) a brief statement as to the nature of the Committee before the recess of that evaluate unsworn allegations or information, the testimony expected to be given by each day’s hearings. or at any time during a preliminary inquiry, witness to be called at the hearing. (C) Notwithstanding paragraphs (A) and initial review, investigation, or other pro- (B) At least two working days prior to the (B), in any matter before the Committee in- ceeding. commencement of an adjudicatory hearing, volving allegations of sexual discrimination, (2) Signature and Service: All subpoenas the respondent, if any, shall provide the in- including sexual harassment, or sexual mis- shall be signed by the Chairman or the Vice

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Chairman and may be served by any person fuses to testify or produce documents after RULE 9: PROCEDURES FOR HANDLING COMMITTEE eighteen years of age or older, who is des- having been directed to do so. SENSITIVE AND CLASSIFIED MATERIALS ignated by the Chairman or Vice Chairman. (5) Filing of Depositions: Deposition testi- (a) Procedures for Handling Committee Each subpoena shall be served with a copy of mony shall be transcribed or electronically Sensitive materials: the Rules of the Committee and a brief state- recorded. If the deposition is transcribed, the (1) Committee Sensitive information or ment of the purpose of the Committee’s pro- individual administering the oath shall cer- material is information or material in the ceeding. tify on the transcript that the witness was possession of the Select Committee on Eth- (3) Withdrawal of Subpoena: The Com- duly sworn in his or her presence and the ics which pertains to illegal or improper con- mittee, by majority vote, may withdraw any transcriber shall certify that the transcript duct by a present or former member, officer, subpoena authorized for issuance by it or au- is a true record of the testimony. The tran- or employee of the Senate; to allegations or thorized for issuance by the Chairman and script with these certifications shall be filed accusation of such conduct; to any resulting Vice Chairman, acting jointly. The Chair- with the chief clerk of the Committee, and preliminary inquiry, initial review, or inves- man and Vice Chairman, acting jointly, may the witness shall be furnished with access to tigation by the Select Committee on Ethics withdraw any subpoena authorized for a copy at the Committee’s offices for review. into such allegations or conduct; to the in- issuance by them. Upon inspecting the transcript, within a (b) Depositions: vestigative techniques and procedures of the time limit set by the Chairman and Vice (1) Persons Authorized To Take Deposi- Select Committee on Ethics; or to other in- Chairman, acting jointly, a witness may re- tions: Depositions may be taken by any formation or material designated by the quest in writing changes in the transcript to Member of the Committee, designated by the staff director, or outside counsel designated correct errors in transcription. The witness Chairman and Vice Chairman, acting jointly, by the Chairman and Vice Chairman. may also bring to the attention of the Com- or by any other person designated by the mittee errors of fact in the witness’s testi- (2) The Chairman and Vice Chairman of the Chairman and Vice Chairman, acting jointly, mony by submitting a sworn statement Committee shall establish such procedures including outside counsel, Committee staff, about those facts with a request that it be as may be necessary to prevent the unau- other employees of the Senate, or govern- attached to the transcript. The Chairman thorized disclosure of Committee Sensitive ment employees detailed to the Committee. information in the possession of the Com- (2) Deposition Notices: Notices for the tak- and Vice Chairman, acting jointly, may rule on the witness’s request, and the changes or mittee or its staff. Procedures for protecting ing of depositions shall be authorized by the Committee Sensitive materials shall be in Committee, or the Chairman and Vice Chair- attachments allowed shall be certified by the Committee’s chief clerk. If the witness fails writing and shall be given to each Com- man, acting jointly, and issued by the Chair- mittee staff Member. man, Vice Chairman, or a Committee staff to make any request under this paragraph Member or outside counsel designated by the within the time limit set, this fact shall be (b) Procedures for Handling Classified Ma- Chairman and Vice Chairman, acting jointly. noted by the Committee’s chief clerk. Any terials: Depositions may be taken at any time before person authorized by the Committee may (1) Classified information on material is in- a preliminary inquiry, for the purpose of ob- stipulate with the witness to changes in this formation or material which is specifically taining information to evaluate unsworn al- procedure. designated as classified under the authority legations or information, or at any time dur- RULE 8: VIOLATIONS OF LAW; PERJURY; LEGIS- of Executive Order 11652 requiring protection ing a preliminary inquiry, initial review, in- LATIVE RECOMMENDATIONS; AND APPLICABLE of such information or material from unau- vestigation, or other proceeding. Deposition RULES AND STANDARDS OF CONDUCT thorized disclosure in order to prevent dam- age to the United States. notices shall specify a time and place for ex- (a) Violations of Law: Whenever the Com- amination. Unless otherwise specified, the mittee determines by majority vote that (2) The Chairman and Vice Chairman of the deposition shall be in private, and the testi- there is reason to believe that a violation of Committee shall establish such procedures mony taken and documents produced shall law may have occurred, it shall report such as may be necessary to prevent the unau- be deemed for the purpose of these rules to possible violation to the proper state and thorized disclosure of classified information have been received in a closed or executive federal authorities. in the possession of the Committee or its session of the Committee. The Committee staff. Procedures for handling such informa- (b) Perjury: Any person who knowingly and shall not initiate procedures leading to tion shall be in writing and a copy of the willfully swears falsely to a sworn complaint criminal or civil enforcement proceedings for procedures shall be given to each staff Mem- or any other sworn statement to the Com- a witness’s failure to appear, or to testify, or ber cleared for access to classified informa- mittee does so under penalty of perjury. The to produce documents, unless the deposition tion. Committee may refer any such case to the notice was accompanied by a subpoena au- Attorney General for prosecution. (3) Each Member of the Committee shall thorized for issuance by the Committee, or (c) Legislative Recommendations: The have access to classified material in the the Chairman and Vice Chairman, acting Committee shall recommend to the Senate Committee’s possession. Only Committee jointly. staff Members with appropriate security (3) Counsel at Depositions: Witnesses may by report or resolution such additional rules, regulations, or other legislative measures as clearances and a need-to-know, as approved be accompanied at a deposition by counsel to by the Chairman and Vice Chairman, acting advise them of their rights. it determines to be necessary or desirable to ensure proper standards of conduct by Mem- jointly, shall have access to classified infor- (4) Deposition Procedure: Witnesses at mation in the Committee’s possession. depositions shall be examined upon oath ad- bers, officers, or employees of the Senate. ministered by an individual authorized by The Committee may conduct such inquiries (c) Procedures for Handling Committee law to administer oaths, or administered by as it deems necessary to prepare such a re- Sensitive and Classified Documents: any Member of the Committee if one is port or resolution, including the holding of (1) Committee Sensitive and classified doc- present. Questions may be propounded by hearings in public or executive session and uments and materials shall be segregated in any person or persons who are authorized to the use of subpoenas to compel the attend- secure filing safes. Removal from the Com- take depositions for the Committee. If a wit- ance of witnesses or the production of mate- mittee offices of such documents or mate- ness objects to a question and refuses to tes- rials. The Committee may make legislative rials is prohibited except as necessary for use tify, or refuses to produce a document, any recommendations as a result of its findings in, or preparation for, interviews or Com- Member of the Committee who is present in an initial review, investigation, or other mittee meetings, including the taking of tes- may rule on the objection and, if the objec- proceeding. timony, or as otherwise specifically ap- tion is overruled, direct the witness to an- (d) Applicable Rules and Standards of Con- proved by the staff director or by outside swer the question or produce the document. duct: counsel designated by the Chairman and If no Member of the Committee is present, (1) No initial review or investigation shall Vice Chairman. the individual who has been designated by be made of an alleged violation of any law, (2) Each Member of the Committee shall the Chairman and Vice Chairman, acting rule, regulation, or provision of the Senate have access to all materials in the Commit- jointly, to take the deposition may proceed Code of Official Conduct which was not in ef- tee’s possession. The staffs of Members shall with the deposition, or may, at that time or fect at the time the alleged violation oc- not have access to Committee Sensitive or at a subsequent time, seek a ruling by tele- curred. No provision of the Senate Code of classified documents and materials without phone or otherwise on the objection from the Official Conduct shall apply to, or require the specific approval in each instance of the Chairman or Vice Chairman of the Com- disclosure of any act, relationship, or trans- Chairman, and Vice Chairman, acting joint- mittee, who may refer the matter to the action which occurred prior to the effective ly. Members may examine such materials in Committee or rule on the objection. If the date of the applicable provision of the code. the Committee’s offices. If necessary, re- Chairman or Vice Chairman, or the Com- (2) The Committee may conduct an initial quested materials may be taken by a Mem- mittee upon referral, overrules the objec- review or investigation of an alleged viola- ber of the Committee staff to the office of a tion, the Chairman, Vice Chairman, or the tion of a rule or law which was in effect prior Member of the Committee for his or her ex- Committee as the case may be, may direct to the enactment of the Senate code of Offi- amination, but the Committee staff Member the witness to answer the question or cial Conduct if the alleged violation occurred shall remain with the Committee Sensitive produce the document. The Committee shall while such rule or law was in effect and the or classified documents or materials at all not initiate procedures leading to civil or violation was not a matter resolved on the times except as specifically authorized by criminal enforcement unless the witness re- merits by the predecessor Committee. the Chairman or Vice Chairman.

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2898 CONGRESSIONAL RECORD — SENATE February 16, 1995 (3) Any Member of the Senate who is not a radio, television, still photography, or other the Chairman and Vice Chairman, acting Member of the Committee and who seeks ac- methods of coverage, and subject to the ap- jointly, and will be presented to the Com- cess to any Committee Sensitive or classi- proval of the Committee, all lenses shall be mittee for final action. If (A) the Chairman fied documents or materials, other than doc- covered and all microphones used for cov- and Vice Chairman cannot agree, or (B) ei- uments or materials which are matters of erage turned off. ther the Chairman or Vice Chairman re- public record, shall request access in writing. (c) If coverage is permitted, it shall be in quests that it be taken directly to the Com- The Committee shall decide by majority accordance with the following requirements: mittee, then the proposed advisory opinion vote whether to make documents or mate- (1) Photographers and reporters using me- shall be referred to the Committee for its de- rials available. If access is granted, the chanical recording, filming, or broadcasting cision. Member shall not disclose the information apparatus shall position their equipment so (2) An advisory opinion shall be issued only except as authorized by the Committee. as not to interfere with the seating, vision, by the affirmative recorded vote of a major- (4) Whenever the Committee makes Com- and hearing of the Committee Members and ity of the Members voting. mittee Sensitive or classified documents or staff, or with the orderly process of the (3) Each advisory opinion issued by the materials available to any Member of the meeting or hearing. Committee shall be promptly transmitted Senate who is not a Member of the Com- (2) If the television or radio coverage of the for publication in the Congressional Record mittee, or to a staff person of a Committee hearing or meeting is to be presented to the after appropriate deletions are made to in- Member in response to a specific request to public as live coverage, the coverage shall be sure confidentiality. The Committee may at the Chairman and Vice Chairman, a written conducted and presented without commer- any time revise, withdraw, or elaborate on record shall be made identifying the Member cial sponsorship. any advisory opinion. of the Senate requesting such documents or (3) Personnel providing coverage by the (e) Reliance on Advisory Opinions: materials and describing what was made television and radio media shall be currently (1) Any advisory opinion issued by the available and to whom. accredited to the Radio and Television Cor- Committee under Senate Resolution 338, 88th (d) Non-Disclosure Policy and Agreement: respondents’ Galleries. Congress, as amended, and the rules may be (1) Except as provided in the last sentence (4) Personnel providing coverage by still relied upon by— of this paragraph, no Member of the Select photography shall be currently accredited to (A) Any person involved in the specific Committee on Ethics, its staff or any person the Press Photographers’ Gallery Committee transaction or activity with respect to which engaged by contract or otherwise to perform of Press Photographers. such advisory opinion is rendered if the re- services for the Select Committee on Ethics (5) Personnel providing coverage by the quest for such advisory opinion included a shall release, divulge, publish, reveal by television and radio media and by still pho- complete and accurate statement of the spe- writing, word, conduct, or disclose in any tography shall conduct themselves and the cific factual situation; and way, in whole, or in part, or by way of sum- coverage activities in an orderly and unob- (B) any person involved in any specific mary, during tenure with the Select Com- trusive manner. transaction or activity which is indistin- mittee on Ethics or anytime thereafter, any RULE 11 PROCEDURES FOR ADVISORY OPINIONS guishable in all its material aspects from the testimony given before the Select Com- transaction or activity with respect to which (a) When Advisory Opinions Are Rendered:. mittee on Ethics in executive session (in- such advisory opinion is rendered. (1) The Committee shall render an advisory cluding the name of any witness who ap- (2) Any person who relies upon any provi- opinion, in writing within a reasonable time, peared or was called to appear in executive sion or finding of an advisory opinion in ac- in response to a written request by a Member session), any classified or Committee Sen- cordance with the provisions of Senate Reso- or officer of the Senate or a candidate for sitive information, document or material, lution 338, 88th Congress, as amended, and of nomination for election, or election to the received or generated by the Select Com- the rules, and who acts in good faith in ac- Senate, concerning the application of any mittee on Ethics or any classified or Com- cordance with the provisions and findings of law, the Senate Code of Official Conduct, or mittee Sensitive information which may such advisory opinion shall not, as a result any rule or regulation of the Senate within come into the possession of such person dur- of any such act, be subject to any sanction the Committee’s jurisdiction, to a specific ing tenure with the Select Committee on by the Senate. factual situation pertinent to the conduct or Ethics or its staff. Such information, docu- proposed conduct of the person seeking the RULE 12: PROCEDURES FOR INTERPRETATIVE ments, or material may be released to an of- advisory opinion. RULINGS ficial of the executive branch properly (2) The Committee may issue an advisory (a) Basis for Interpretative Rulings: Senate cleared for access with a need-to-know, for opinion in writing within a reasonable time Resolution 338, 88th Congress, as amended, any purpose or in connection with any pro- in response to a written request by any em- authorizes the Committee to issue interpre- ceeding, judicial or otherwise, as authorized ployee of the Senate concerning the applica- tative rulings explaining and clarifying the by the Select Committee on Ethics, or in the tion of any law, the Senate Code of Official application of any law, the Code of Official event of termination of the Select Com- Conduct, or any rule or regulation of the Conduct, or any rule or regulation of the mittee on Ethics, in such a manner as may Senate within the Committee’s jurisdiction, Senate within its jurisdiction. The Com- be determined by its successor or by the Sen- to a specific factual situation pertinent to mittee also may issue such rulings clarifying ate. the conduct or proposed conduct of the per- or explaining and rule or regulation of the (2) No Member of the Select Committee on son seeking the advisory opinion. Select Committee on Ethics. Ethics staff or any person engaged by con- (b) Form of Request: A request for an advi- (b) Request for Ruling: A request for such tract or otherwise to perform services for the sory opinion shall be directed in writing to a ruling must be directed in writing to the Select Committee on Ethics, shall be grant- the Chairman of the Committee and shall in- Chairman or Vice Chairman of the Com- ed access to classified or Committee Sen- clude a complete and accurate statement of mittee. sitive information or material in the posses- the specific factual situation with respect to (c) Adoption of Ruling: sion of the Select Committee on Ethics un- which the request is made as well as the spe- (1) The Chairman and Vice Chairman, act- less and until such person agrees in writing, cific question or questions which the re- ing jointly, shall issue a written, interpreta- as a condition of employment, to the non- questor wishes the Committee to address. tive ruling in response to any such request, disclosure policy. The agreement shall be- (c) Opportunity for Comment: unless— come effective when signed by the Chairman (1) The Committee will provide an oppor- (A) they cannot agree, and Vice Chairman on behalf of the Com- tunity for any interested party to comment (B) it requires an interpretation of a sig- mittee. on a request for an advisory opinion— nificant question of first impression, or RULE 10: BROADCASTING AND NEWS COVERAGE (A) which requires an interpretation on a (C) either requests that it be taken to the OF COMMITTEE PROCEEDINGS significant question of first impression that Committee, in which event the request shall (a) Whenever any hearing or meeting of the will affect more than a few individuals; or be directed to the Committee for a ruling. Committee is open to the public, the Com- (B) when the Committee determines that (2) A ruling on any request taken to the mittee shall permit that hearing or meeting comments from interested parties would be Committee under subparagraph (1) shall be to be covered in whole or in part, by tele- of assistance. adopted by a majority of the Members voting vision broadcast, radio broadcast, still pho- (2) Notice of any such request for an advi- and the ruling shall then be issued by the tography, or by any other methods of cov- sory opinion shall be published in the Con- Chairman and Vice Chairman. erage, unless the Committee decides by ma- gressional Record, with appropriate dele- (d) Publication of Rulings; The Committee jority vote that such coverage is not appro- tions to insure confidentiality, and inter- will publish in the Congressional Record, priate at a particular hearing or meeting. ested parties will be asked to submit their after making appropriate deletions to ensure (b) Any witness served with a subpoena by comments in writing to the Committee with- confidentiality, any interpretative rulings the Committee may request not to be photo- in ten days. issued under this Rule which the Committee graphed at any hearing or to give evidence or (3) All relevant comments received on a determines may be of assistance or guidance testimony while the broadcasting, reproduc- timely basis will be considered. to other Members, officers or employees. The tion, or coverage of that hearing, by radio, (d) Issuance of an Advisory Opinion: Committee may at any time revise, with- television, still photography, or other meth- (1) The Committee staff shall prepare a draw, or elaborate on interpretative rulings. ods is occurring. At the request of any such proposed advisory opinion in draft form (e) Reliance on Rulings: Whenever an indi- witness who does not wish to be subjected to which will first be reviewed and approved by vidual can demonstrate to the Committee’s

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satisfaction that his or her conduct was in RULE 15: DEFINITION OF ‘‘OFFICER OR complaint or allegation, initial review, in- good faith reliance on an interpretative rul- EMPLOYEE’’ vestigation, or other proceeding, which in ing issued in accordance with this Rule, the (a) As used in the applicable resolutions the determination of the Committee, is more Committee will not recommend sanctions to and in these rules and procedures, the term appropriately conducted by counsel not em- the Senate as a result of such conduct. ‘‘officer or employee of the Senate’’ means: ployed by the Government of the United (f) Rulings by Committee Staff: The Com- (1) An elected officer of the Senate who is States as a regular employee. The Com- mittee staff is not authorized to make rul- not a Member of the Senate; mittee shall retain and compensate outside ings or give advice, orally or in writing, (2) An employee of the Senate, any com- counsel to conduct any investigation under- which binds the Committee in any way. mittee or subcommittee of the Senate, or taken after an initial review of a sworn com- RULE 13: PROCEDURES FOR COMPLAINTS INVOLV- any Member of the Senate; plaint, unless the Committee determines ING IMPROPER USE OF THE MAILING FRANK (3) The Legislative Counsel of the Senate that the use of outside counsel is not appro- priate in the particular case. (a) Authority To Receive Complaints; The or any employee of his office; (4) An Official Reporter of Debates of the (c) Dismissal of Staff: A staff Member may Committee is directed by section 6(b) of Pub- Senate and any person employed by the Offi- not be removed for partisan, political rea- lic Law 9309191 to receive and dispose of com- cial Reporters of Debates of the Senate in sons, or merely as a consequence of the rota- plaints that a violation of the use of the connection with the performance of their of- tion of the Committee Membership. The mailing frank has occurred or is about to ficial duties; Chairman and Vice Chairman, acting jointly, occur by a Member or officer of the Senate (5) A Member of the Capitol Police force shall approve the dismissal of any staff or by a surviving spouse of a Member. All whose compensation is disbursed by the Sec- Member. such complaints will be processed in accord- retary of the Senate; (d) Staff Works for Committee as Whole: ance with the provisions of these Rules, ex- (6) An employee of the Vice President, if All staff employed by the Committee or cept as provided in paragraph (b). such employee’s compensation is disbursed housed in Committee offices shall work for (b) Disposition of Complaints: by the Secretary of the Senate; the Committee as a whole, under the general (1) The Committee may dispose of any such (7) An employee of a joint committee of direction of the Chairman and Vice Chair- complaint by requiring restitution of the the Congress whose compensation is dis- man, and the immediate direction of the cost of the mailing if it finds that the frank- bursed by the Secretary of the Senate; staff director or outside counsel. ing violation was the result of a mistake. (8) An officer or employee of any depart- (e) Notice of Summons To Testify: Each (2) Any complaint disposed of by restitu- ment or agency of the Federal Government Member of the Committee staff shall imme- tion that is made after the Committee has whose services are being utilized on a full- diately notify the Committee in the event formally commenced an initial review or in- time and continuing basis by a Member, offi- that he or she is called upon by a properly vestigation, must be summarized, together cer, employee, or committee of the Senate in constituted authority to testify or provide with the disposition, in a notice promptly accordance with Rule XLI(3) of the Standing confidential information obtained as a result transmitted for publication in the Congres- Rules of the Senate; and of and during his or her employment with sional Record. (9) Any other individual whose full-time the Committee. (3) If a complaint is disposed of by restitu- services are utilized for more than ninety RULE 17: CHANGES IN SUPPLEMENTARY tion, the complainant, if any, shall be noti- days in a calendar year by a Member, officer, PROCEDURAL RULES fied of the disposition in writing. employee, or committee of the Senate in the (a) Adoption of Changes in Supplementary (c) Advisory Opinions and Interpretative conduct of official duties in accordance with Rulings: Requests for advisory opinions or Rules: The Rules of the Committee, other Rule XLI(4) of the Standing Rules of the than rules established by statute, or by the interpretative rulings involving franking Senate. questions shall be processed in accordance Standing Rules and Standing Orders of the with Rules 11 and 12. RULE 16: COMMITTEE STAFF Senate, may be modified, amended, or sus- (a) Committee Policy: pended at any time, pursuant to a majority RULE 14: PROCEDURES FOR WAIVERS (1) The staff is to be assembled and re- vote of the entire Membership taken at a (a) Authority for Waivers: The Committee tained as a permanent, professional, non- meeting called with due notice when prior is authorized to grant a waiver under the fol- partisan staff. written notice of the proposed change has lowing provisions of the Standing Rules of (a) Each Member of the staff shall be pro- been provided each Member of the Com- the Senate: fessional and demonstrably qualified for the mittee. (1) Section 101(h) of the Ethics in Govern- position for which he or she is hired. (b) Publication: Any amendments adopted ment Act of 1978, as amended (Rule XXXIV), (3) The staff as a whole and each Member to the Rules of this Committee shall be pub- relating to the filing of financial disclosure of the staff shall perform all official duties lished in the Congressional Record in accord- reports by individuals who are expected to in a nonpartisan manner. ance with Rule XXVI(2) of the Standing perform or who have performed the duties of (4) No Member of the staff shall engage in Rules of the Senate. their offices or positions for less than one any partisan political activity directly af- hundred and thirty days in a calendar year; fecting any congressional or presidential ETHICS COMMITTEE INTERIM PROCEDURES (2) Section 102(a)(2)(D) of the Ethics in election. UNDER TITLE III OF PUBLIC LAW 102–166, THE Government Act, as amended (Rule XXXIV), (5) No Member of the staff or outside coun- GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 relating to the reporting of gifts; sel may accept public speaking engagements RULE 1. AUTHORITY (3) Paragraph 1 of Rule XXXV relating to or write for publication on any subject that The Senate Select Committee on Ethics acceptance of gifts; or is in any way related to his or her employ- (the Committee) is authorized by section (4) Paragraph 5 of Rule XLI relating to ap- ment or duties with the Committee without 308(a) of the Government Employee Rights plicability of any of the provisions of the specific advance permission from the Chair- Act of 1991 (the Act), Title III of the Civil Code of Official Conduct to an employee of man and Vice Chairman. Rights Act of 1991, Pub. L. No. 102–166, 105 the Senate hired on a per diem basis. (6) No Member of the staff may make pub- Stat. 1088, to review hearing board decisions (b) Requests for Waivers: A request for a lic, without Committee approval, any Com- in employment discrimination cases filed waiver under paragraph (a) must be directed mittee Sensitive or classified information, with the Office of Senate Fair Employment to the Chairman or Vice Chairman in writing documents, or other material obtained dur- Practices (the Office) under the Act, and by and must specify the nature of the waiver ing the course of his or her employment with section 307(f) (2) and (3) of the Act to receive being sought and explain in detail the facts the Committee. referrals for rulings on testimonial objec- alleged to justify a waiver. In the case of a (b) Appointment of Staff: tions arising in connection with such cases, request submitted by an employee, the views (1) The appointment of all staff Members and to recommend to the Senate civil or of his or her supervisor (as determined under shall be approved by the Chairman and Vice criminal enforcement of hearing board sub- paragraph 12 of Rule XXXVII of the Standing Chairman, acting jointly. poenas. Rules of the Senate) should be included with (2) The Committee may determine by ma- the waiver request. jority vote that it is necessary to retain staff RULE 2. TIME (c) Ruling: The Committee shall rule on a Members, including a staff recommended by 2.1 Computation of Time. waiver request by recorded vote, with a ma- a special counsel, for the purpose of a par- (a) Counting days. A day means calender jority of those voting affirming the decision. ticular initial review, investigation, or other day. In computing the time for taking any (d) Availability of Waiver Determinations: proceeding. Such staff shall be retained only action required or permitted under these A brief description of any waiver granted by for the duration of that particular under- rules to be taken within a specified time, the the Committee, with appropriate deletions taking. first day counted shall be the day after the to ensure confidentiality, shall be made (3) The Committee is authorized to retain event from which the time period begins to available for review upon request in the and compensate counsel not employed by the run and the last day counted is the last day Committee office. Waivers granted by the Senate (or by any department or agency of for taking the action. When the last day falls Committee pursuant to the Ethics in Gov- the Executive Branch of the Government) on a Saturday, Sunday, or federal govern- ernment Act of 1978, as amended, may only whenever the Committee determines that ment holiday or any other day, other than a be granted pursuant to a publicly available the retention of outside counsel if necessary Saturday or a Sunday, when the Office is request as required by the Act. or appropriate for any action regarding any closed, the last day for taking the action

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2900 CONGRESSIONAL RECORD — SENATE February 16, 1995 shall be the next day that is not a Saturday, time for the parties to file a request for re- record respecting a decision, or it may re- Sunday, or federal government holiday or a view with the Office has expired. A request mand the case respecting a decision, but in day when the Office is closed. Where a pre- for review shall specify that the Office is re- no event can there be more than one remand scribed time period is less than seven days, questing review, shall designate the decision, with respect to a decision of a hearing board. then Saturdays, Sundays, and federal gov- or part thereof, for which review is re- If the Committee remands the record re- ernment holidays shall be excluded from the quested, and shall specify the circumstances specting a decision, there can be no further computation of the time period. Federal gov- which the Office asserts constitute good remand of any kind with respect to such de- ernment holiday means New Year’s Day, cause for the request. A request for review cision. If the Committee remands the case Birthday of Martin Luther King, Jr., Wash- by the Office must be received in the Com- respecting a decision, there can be no re- ington’s Birthday, Memorial Day, Independ- mittee’s office not later than the 5th day mand of any kind with respect to a hearing ence Day, Labor Day, Columbus Day, Vet- after the time for the parties to file a re- board decision issued following remand. A erans’ Day, Thanksgiving Day, Christmas quest for review with the Office has expired Committee decision remanding to the hear- Day, any other day appointed as a holiday by [a postmark on the 5th day will not satisfy ing board shall contain a written statement the President or Congress of the United this timeliness requirement.] Within 24 of the reasons for the Committee decision. States. hours after filing a request for review with (b) Remand of the Record. Within the time (b) Added days for mail. Whenever a party the Committee, the Office shall serve a copy for a decision under subsection 308(d) of the or the Office has the right or is required to of such request on all parties. Act, the Committee may remand the record do some act within a prescribed period after 3.2 Transmittal of Record. As soon as pos- of a decision to the hearing board for the the date of service of a notice or other paper sible, and in no event later than 10 days after purpose of supplementing the record. After and the notice or other paper is served upon receipt by the Office of a request for review the hearing board has supplemented the the party by mail through the United States or the Office’s filing of a request for review record as directed by the Committee, the Postal Service, 3 days shall be added to the with the Committee, the Office shall trans- hearing board shall transmit the record to prescribed period. This additional 3 days does mit to the Committee the full and complete the Office, and the Office shall immediately not apply to the request for Committee re- record of the hearing board connected with notify the parties of the hearing board’s ac- view under Rule 3. the decision for which review has been re- tion and transmit the supplemented record 2.2 Service and filing. Except as otherwise quested. The Chief Clerk of the Committee to the Committee. The Committee retains provided in Rule 3.1, a document required shall promptly serve notice of the Commit- jurisdiction over a request for review during under these rules to be submitted to or filed tee’s receipt of the record on all parties. remand of the record, and no new request for with the Committee or the Office, or served RULE 4. PROCEDURES UPON RECEIPT OF A RE- review is needed for further Committee con- on a party or the Office within a specified QUEST FOR REVIEW OF A HEARING BOARD DE- sideration under section 308 of the Act. A time shall be deemed timely submitted, CISION record shall be deemed remanded to the filed, or served if it is received by the Com- hearing board until the day the Committee 4.1 Briefs and Arguments. mittee, the Office or the party, or if mailed, receives the supplemented record from the (a) Petitioner brief. A party who filed a re- it is postmarked, on or before the last day of Office, and the Committee shall transmit a quest for review, or the Office if it requested the applicable time period. written final decision to the Office not later review, may file a brief in support of its posi- 2.3 Extension of time. Upon written request than 60 calendar days during which the Sen- tion. The brief shall be filed with the Com- of the Office or a party, the Committee may ate is in session after receipt of the record as mittee and a copy served on any other party extend the time for taking action under supplemented on remand. The Committee and the Office, if it requested review, within these rules, except that the Committee may may extend the 60 day period for 15 days dur- 10 days of the filing of the request for review not extend the time for taking any action for ing which the Senate is in session. with the Office, or the Committee if the Of- which the Act specifies a time limit. (c) Remand of the Case. Within the time for fice requested review. 2.4 Where to File. Documents required to be a decision under subsection 308(d) of the Act, (b) Respondent brief. A party may file a filed with the Committee shall be filed at the the Committee may remand the case to the brief in response to a petitioner’s brief. Such offices of the Senate Select Committee on hearing board for the purpose of further con- respondent brief shall be filed with the Com- Ethics, Hart Senate Office Building, Room sideration. After further consideration, the mittee and a copy served on any other party 220, Washington, D.C. 20510. Documents re- hearing board shall issue a new written deci- and the Office, it the Office filed a request quired to be filed with or served on the Office sion with respect to the matter as provided for review, within 15 days after service of the shall be filed or served at the Office of Sen- in section 307 of the Act. If the Committee petitioner brief. If no petitioner brief is filed, ate Fair Employment Practices, Hart Senate remands the case to the hearing board, the such respondent brief shall be filed within 20 Office Building, Suite 103, Washington, D.C. Committee does not retain jurisdiction, and days of filing of the request for review. The 20510. a new request for review, filed in accordance Office may file a respondent brief only if it with Rule 3, will be necessary if a party or RULE 3. REQUESTS FOR COMMITTEE REVIEW OF failed a request for review. the Office seeks review of a decision issued HEARING BOARD DECISION (c) Reply brief. Any reply brief shall be filed following remand. 3.1 Requirements for Filing a Request for Re- with the Committee and served on all parties 4.3 Final Written Decision. All final deci- view. and the Office if it requested review, within sions shall include a statement of the rea- (a) Who May Request Review of a Hearing 5 days after service of the respondent brief to sons for the Committee’s decision, together Board Decision. An employee or the head of which it replies. No one may file a reply brief with dissenting views of Committee mem- an employing office with respect to whom a who did not file a petitioner brief. bers, if any, and shall be transmitted to the hearing board decision was issued is a party (d) Alternative briefing schedule. With notice Office not later than 60 calendar days during entitled to request Committee review of that to all parties and the Office, if it requested which the Senate is in session after filing of decision. The Office may also request review review, the Committee may specify a dif- a request for review. The period for trans- of a decision. ferent briefing schedule than that prescribed mission to the Office of a final decision may (b) Request by a party. Not later than 10 by subsections 4.1 (a), (b) and (c). be extended by the Committee for 15 cal- days after receipt of a decision of a hearing (e) Additional briefs. At its discretion, the endar days during which the Senate is in ses- board, including any decision following a re- Committee may direct or permit additional sion. A final written decision of the Com- mand of the case as provided in Rule 4.2(c), written briefs. a party may file with the Office a request (f) Requirements for briefs. Briefs shall be on mittee with respect to a request for review may affirm, modify, or reverse the hearing that the Committee review the decision. A 81⁄2 inch by 11 inch paper, one side only, and request for review shall specify the party re- 15 copies shall be provided. No brief shall ex- board decision in whole or in part. The Com- questing review, and shall designate the de- ceed 50 typewritten double spaced pages, ex- mittee may decide not to grant a request for cision, or part thereof, for which review is cluding any table of contents, list of authori- review of a hearing board decision. The Com- requested. A request for review must be re- ties, or attached copies of statutes, rules, or mittee will serve a copy of any final decision ceived in the Office not later than the 10th regulations. Footnotes shall not be used ex- on all parties. day after the date of receipt of the hearing cessively to evade this limitation. All ref- RULE 5. HEARING BOARD REFERRAL OF board decision [a postmark on the 10th day erences to evidence or information in the TESTIMONIAL OBJECTIONS will not satisfy this timeliness requirement.] record must be accompanied by notations in- 5.1 Procedure for Ruling on Testimonial Ob- Within 24 hours after receipt of a request for dicating the page or pages where such evi- jections. If any witness to a hearing board review, the Office shall transmit a copy of dence or information appears in the record. proceeding appearing by subpoena objects to such request to the Committee and serve a (g) Oral argument. At the request of a party a question and refuses to testify, or refuses copy on any other party. or the Office, the Committee may permit to produce a document, a hearing board may (c) Request by the Office. The Office, at the oral argument in exceptional circumstances. refer the objection to the Committee for a discretion of its Director, on its own initia- A request for oral argument must specify the ruling. Such referrals may be made by tele- tive and for good cause, may file with the circumstances which are asserted to be ex- phone or otherwise to the Chairman or Vice Committee a request for review of a hearing ceptional. Chairman of the Committee who may rule on board decision, including any decision fol- 4.2 Remand. the objection or refer the matter to the Com- lowing a remand of the case as provided in (a) Only one Remand. There are two kinds mittee for decision. If the Chairman or Vice Rule 4.2(c), not later than 5 days after the of ramand. The Committee may remand the Chairman, or the Committee upon referral,

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2901 overrules the objection, the Chairman or Over the past year, Congress has cation Association; and the National Vice Chairman, or the Committee as the case begun to respond. We are asking PTA. may be, may direct the witness to answer whether it is appropriate to get in- Finally, Mr. President, I would like the question or produce the document. The Committee, or the Chairman or Vice Chair- volved on behalf of the interests of to thank the representatives from the man, shall rule on objections as expedi- Children. Broadcasters are also begin- Department of Defense, the Postal tiously as possible. ning to pay attention. Last year, cable Service, and Amtrak for attending this 5.2 Enforcement. The Committee may make and broadcasting outlets agreed, with morning’s announcement. Their co- recommendations to the Senate, including encouragement from Congress, to allow operation and leadership in this initia- recommendations for criminal or civil en- an independent monitor to review their tive testifies to their concern about vi- forcement, with respect to the failure or re- programming for violence. While the olence on television.∑ fusal of any person to appear or produce doc- uments in obedience to a subpoena or order monitoring project is underway, the of a hearing board, or for the failure or re- debate continues over whether Con- f fusal of any person to answer questions dur- gress should regulate violence on tele- ing his or her appearance as a witness in a vision. TRIBUTE TO KELLER GEORGE proceeding under section 307 of the Act. The I believe that if the Federal Govern- ∑ Office shall be deemed a Senate committee ment plans to become involved in this Mr. D’AMATO. Mr. President, I rise for purposes of section 1365 of Title 28 of the issue—which may be appropriate—the today to pay tribute to Keller George, United States Code. Federal Government must first lead by who was recently elected president of RULE 6. MEETINGS AND VOTING example. the United South and Eastern Tribes. 6.1 Quorum, Proxies, Recorded Votes. A ma- That’s why I have asked the three Mr. George, a resident of Oneida, NY, jority of the members of the Committee agencies, or federally related compa- is a member of the Onieda Indian Na- shall constitute a quorum for purposes of tion, a nation whose triumphant his- issuing a decision under section 308 of the nies, that spend the most money per year on TV advertising, to join me in tory includes playing an integral part Act, and for purposes of hearing oral argu- in the victory of the colonists during ment if such argument is permitted. Proxy developing a uniform policy regarding votes shall not be considered for the purpose advertising on violent television pro- the American Revolutionary War. of establishing a quorum, nor for purposes of gramming. Onieda Indians brought food to the decisions under section 308 (c) and (d) of the The three groups are the Department American Army during the harsh win- Act. Decisions of the Committee under sec- of Defense, which spent $37.3 million ter at Valley Forge, and fought by tion 308 (c) or (d) of the Act shall be by re- last year on television advertising, the their side at the Battle of Oriskany. corded vote. U.S. Postal Service, which spent $22.9 The epic battle that took place at 6.2 Meetings. Meetings to consider matters Oriskany represented a partnership be- before the Committee pursuant to the Act million on television advertising last may be held at the call of the Chairman or year, and Amtrak, which spent $8.1 tween native Americans, Europeans, Vice Chairman, if at least 48 hours notice is million. and Americans for freedom and self-de- furnished to all Members. If all Members I was glad to learn that the Depart- termination. The battle was the blood- agree, a meeting may be held on less than 48 ment of Defense, the Postal Service, iest in the revolution. hours notice. and Amtrak all have existing policies Mr. George has quite an impressive RULE 7. CONFIDENTIALITY OF PROCEEDINGS in place to monitor their advertising. and extensive re´sume´ in serving both Confidentiality. The final written decision Our goal in asking these three entities the United States of America and the of the Committee shall be made public if the to sign this pledge is to reaffirm their Onieda Indian Nation. For over 20 decision is in favor of a Senate employee commitment by agreeing on a uniform years he was a member of the U.S. Air who filed a complaint or if the decision re- Force. Mr. George has been a business- verses a decision of the hearing board which policy defines violence and establishes had been in favor of the employee. The Se- a common goal for spending their ad- man, managing the Onieda Nation’s lect Committee may decide to release any vertising dollars. first smokeshop. He currently holds other decision at its discretion. All testi- We define violence as ‘‘an act per- the position of special assistant to mony, records, or documents received by the petrated on another person or persons Onieda Nation representative Ray Committee in the course of any review under with the specific intent to cause phys- Halbritter. But that only scratches the these rules shall otherwise be deemed ‘‘Com- ical harm, injury and/or death.’’ surface of Mr. George’s substantial role mittee Sensitive Information’’ and subject And we consider programs violent if as a leader in the Onieda Nation. He is to the ‘‘Non-Disclosure Policy and Agree- also first representative for the Onieda ment’’ as prescribed in Rule 9 of the Commit- they contain violence which is inappro- tee’s Supplemental Rules of Procedure. priate or unnecessary to the story. Nation’s sovereign housing authority, first representative and treasurer for RULE 8. AUTHORITY TO DISCIPLINE Generally, our definition excludes the Onieda Indian Nation Gaming Com- Official Misconduct. None of the provisions documentary programs, including news of the Act or these rules limit the authority and sporting programs. mission, a member of the Onieda Na- of the Committee under S. Res. 338, 88th This is not censorship. This is a vol- tion’s men’s council, a member of the Cong., 2d Sess. (1964), as amended, to other- untary agreement among Federal, or board of directors for the National In- wise review, investigate, and report to the federally related entities to act in the dian Gaming Association, and vice Senate with respect to violations of the Sen- best interest of Americans. president of the northeastern area of ate Code of Official Conduct, or any other In voluntarily signing this pledge, the National Congress of American In- rule or regulation of the Senate relating to the Department of Defense, the Postal dians. the conduct of individuals in the perform- Now Mr. George has risen to the posi- ance of their duties as members, officers, or Service, and Amtrak are sending an employees of the Senate.∑ important message—that various ele- tion of president of the United South ments of the Federal Government can and Eastern Tribes. The United South f work effectively together in the best and Eastern Tribes is composed of 21 VIOLENCE ON TELEVISION interests of Americans. And they are tribes whose purpose is to provide lead- INITIATIVE saying we can accomplish worthwhile ership for its member tribes and to ad- ∑ Mr. GRAHAM. Mr. President, a re- goals—such as limiting violence on tel- vance the causes of all native Indians. cent report by the Journal of American evision—without new legislation and Mr. President, all Americans can re- Medicine estimates that the average regulations. lated to these causes. They include pro- American child has watched 100,000 Our next goal is to encourage other viding educational opportunity and acts of violence by the end of elemen- agencies, and private companies to fol- promoting understanding among the tary school—including 8,000 murders. low this example, and to take responsi- general public of the achievements of By 18, the average child has watched bility for the placement of their tele- their member tribes. I can think of no 200,000 acts of violence and 40,000 mur- vision advertisements. other person who is more qualified and ders. Four reputable groups with an inter- more deserving of such a position as Parents are rightly concerned. As a est in the TV violence issue support Keller George. father of four and a grandfather of our initiative. They are: Americans for I congratulate him on this tremen- four, with four more on the way, I am Responsible TV; the National Coalition dous achievement, and wish him the concerned. on TV Violence; the National Edu- best of luck in his new position.∑

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2902 CONGRESSIONAL RECORD — SENATE February 16, 1995 PUBLIC BROADCASTING I have stood on the Senate floor WAS CONGRESS IRRESPONSIBLE? CLARIFICATION many times over the past 6 years to THE VOTERS HAVE SAID YES! ∑ Mr. PRESSLER. Mr. President, I discuss the importance of this conven- Mr. HELMS. Mr. President, I doubt wish to correct an error in my state- tion and to urge its ratification. There that there have been many, if any, can- ment from the CONGRESSIONAL RECORD are many arguments in favor of the didates for the Senate who have not of January 24, 1995. In a discussion of convention, but they all boil down to pledged to do something about the the financial potential of public broad- one basic point—children in less-fortu- enormous Federal debt run up by the casting, my statement as published nate circumstances deserve the same Congress during the past half-century stated that, according to the viewer rights and protections we demand for or more. But Congress, both House and magazine of WETA Washington, this our own kids. Senate, have never up to now even In addition, whether we ratify it or public television station’s viewers have toned down the deficit spending that not, the convention is a reminder that an average household net worth of sent the Federal debt into the strato- we ourselves have much to do to make $627,000 plus an average investment sure that every American child enjoys sphere and beyond. portfolio of $249,000. My statement the full benefits of the principles en- We must pray that this year will be should have been recorded as saying shrined in this convention. It is a different, that Federal spending will at WETA’s contributors, not its viewers, long last be reduced drastically. In- ∑ standing reproach to our own unsuc- have that financial status. cessful efforts to end the tragedy of in- deed, if we care about America’s fu- f fant mortality, the terror of child ture, there must be some changes. You see, Mr. President, as of the MORNING BUSINESS abuse, the scourge of drugs, and the wasted potential of school dropouts. close of business Wednesday, February The U.N. Convention on the Rights of 15, the Federal debt stood (down to the SENATE RESOLUTION 78—RECOG- the Child recognizes, as does U.S. law, penny) at exactly $4,828,675,772,079.58. NIZING HALEYVILLE, AL, THE that children need special protections. This means that on a per capita basis, BIRTHPLACE OF ‘‘911’’ It states that every child has the right every man, woman and child in Amer- ica owes $18,329.74 as his or her share of Mr. HEFLIN. Mr. President, since to a name and nationality, stresses the the Federal debt. communication is crucial to acting in importance of child survival measures, Compare this, Mr. President, to the any emergency, the familiar 911 emer- pledges the signatories to work to abol- total debt about two years ago (Janu- gency telephone system has been rec- ish traditional practices harmful to ary 5, 1993) when the debt stood at ex- ognized throughout the country as a children’s health, recognizes the impor- actly $4,167,872,986,583.67—or averaged key factor in fire, police, medical, and tance of education, and prohibits sex- out, $15,986.56 for every American. Dur- rescue personnel being able to respond ual exploitation. Opponents of the convention argue ing the past 2 years (that is, during the quickly. Often, there are only a few that it would insert government into 103d Congress) the Federal debt in- precious minutes separating life and the parent-child relationship. They as- creased over $6 billion. death. In many cases, quick action sert that it would take children away This illustrates, Mr. President, the means life. from parents. This simply is not true. point that so many politicians talk a Back on February 16, 1968, a historic The convention is explicit on the pri- good game (at home) about bringing first test call of the 911 system was macy of the parents in the life of the the Federal debt under control, but made to a red telephone located at the child. For example, article 5 states: vote in support of bloated spending Haleyville, AL, police dispatch office, a bills when they get back to Wash- call that marked the beginning of a States Parties shall respect the respon- sibilities, rights and duties of parents . . . to ington. If the Republicans do not do a service that has helped save lives and provide, in a manner consistent with the better job of getting a handle on this protect property for 27 years. The call evolving capacities of the child, appropriate enormous debt, their constituents are was answered by Congressman TOM BE- direction and guidance in the exercise by the not likely to overlook it 2 years hence. VILL. The town’s 911 system has been in child of the rights recognized in the present continuous service ever since, longer Convention. f But, as a practical document, the than anywhere else in the Nation. WILLIAM F. LACKMAN, JR. (1929– convention also recognizes that there Haleyville’s telephone switching wir- 1995) ing, which required little modification will be times when the parents are un- in order to accommodate 911, was the able to fulfill their responsibilities. In Mr. WARNER. Mr. President, I rise main reason it worked here first. these cases, the convention requires today to pay respect to the memory of Haleyville is located in Winston Coun- the State to step in, in accordance with William F. Lackman, Jr., a resident of ty, in the northwest corner of Ala- the best interests of the child. This is Middleburg, VA, who died last week at bama. already the practice in the United the age of 65. Mr. Lackman was a dis- Alabamians are justifiably proud of States. But, for the first time, the con- tinguished public servant to whom the the contribution they have made to vention lays down commonsense guide- Nation owes its most profound respect public safety, and the resolution I in- lines to make sure that, in those ex- and gratitude. troduced commends Haleyville for its traordinary cases in which the State Bill Lackman served his country for unique place in the history of the 911 must intervene, its actions are in fact more than 40 years—first as an Army service that we often take for granted in the best interests of the child. officer and then as a distinguished ci- today. So far, 176 nations have ratified the vilian member of the Defense Intel- I thank my colleagues for their sup- U.N. Convention on the Rights of the ligence community. Graduating from port of this resolution. Child. The list of countries that have West Point in 1951, Mr. Lackman f not is a rogue’s gallery of international served in the Army for 22 years, retir- pariahs such as Libya and Iraq. It is an ing in 1973 with the rank of colonel. He THE U.N. CONVENTION ON THE embarrassment to the United States to was a battle-hardened officer who led RIGHTS OF THE CHILD be on this list. soldiers in combat during two different Mr. BRADLEY. Mr. President, this But ratification is more than a mat- wars, Korea and Vietnam. Among a afternoon, in New York, Ambassador ter of appearances. The lives of chil- number of other prominent decora- Madeleine Albright will sign the U.N. dren are at stake. Until we ratify this tions, he won the Silver Star and twice Convention on the Rights of the Child. convention, we will be unable to exert earned the Combat Infantryman’s This marks a small, but long overdue the leadership necessary to make a dif- Badge. step toward improving the lot of the ference in the lives of the world’s chil- Of profound significance is the fact world’s children. I urge the President dren. President Clinton has done the that he was twice felled by battlefield to take a much larger, and equally right thing by instructing Ambassador wounds, meriting two awards of the overdue step, and submit the conven- Albright to sign the convention. He Purple Heart. Nevertheless, he contin- tion at once to the Senate for advice should now submit it to the Senate, ued his military service because he was and consent to ratification. and we should ratify it without delay. dedicated to the ideals embodied in the

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — SENATE S2903 United States Constitution to which he servists because they are twice serving been awarded the Army’s Decoration had sworn an oath to support and de- our country, as productive citizens and for Distinguished Civilian Service; fend. as citizen airmen. There are 12,000 indi- Decoration for Exceptional Civilian In addition to his wartime uniformed vidual mobilization augmentees in the Service; the Meritorious Civilian Serv- service, Mr. Lackman worked in a Air Force Reserve. They serve with the ice Award; as well as DOD’s highest number of diversified and important active Air Force for their training, award, the DOD Medal for Distin- military assignments. He held policy- bringing the expertise from their civil- guished Public Service. Mr. Hamilton related positions in both the Office of ian jobs to the military. Most served has also been twice awarded the Presi- the Secretary of Defense and the Joint on active duty, so we are keeping this dential Ranks of Distinguished Execu- Staff. He also had the unusual distinc- valuable, experienced investment in tive and Meritorious Executive. tion of having instructed cadets at trained people for about 10 cents on the Before leaving active military serv- both the U.S. Military Academy and at dollar. ice as a colonel in 1972, Mr. Hamilton the U.S. Air Force Academy. Long be- I am especially proud to recognize served in a wide variety of command fore the Goldwater-Nichols Act offi- the 900 individual mobilization and general staff positions, to include cially recognized the need and codified augmentees of the Commonwealth of brigade commander, comptroller, pro- a requirement for outstanding officers Virginia because of their dedicated gram/budget manager, researcher in to serve in joint positions, Bill service. They balance family, civilian personnel management, service school Lackman was walking point as a ‘‘pur- career, and military service in a man- instructor, and politico-military policy ple suit’’ officer. ner in which we can all take pride and formulator at the national level. He Starting in 1976, Bill Lackman con- carry on traditions that go back to served in combat with the 3d Infantry tinued his devoted service to the Na- George Washington and Lighthorse Division in Korea, and the 25th Infan- tion as a Department of Defense civil- Harry Lee. It is an honor to commend try Division in Vietnam. ian. He worked in positions of increas- these Air Force reservists and thank From 1972 to 1975, Mr. Hamilton was ing responsibility within the Defense them for their service to the United a project manager/principal scientist Intelligence network culminating with States. with General Research Corp. in his service, from 1992 to 1994, as the Di- f McLean, VA. In this capacity, he di- rector of the Central Imagery Office in rected research and analyses per- the Department of Defense. In that ca- RETIREMENT OF MILTON H. HAM- taining to: organizational effectiveness pacity, he was responsible for all as- ILTON ADMINISTRATIVE ASSIST- and program evaluation; manpower pects of imagery reconnaissance, in- ANT TO THE SECRETARY OF THE utilization and development; resource cluding satellite photography, for the ARMY allocations for forces and systems; na- Department of Defense and various Mr. THURMOND. Mr. President, the tional security policy; military readi- other national intelligence agencies. Secretary of the Army has announced ness; and planning, programming, and The importance and complexity of that the retirement of a dedicated public budgeting. position in this high tech age, replete servant, Mr. Milton H. Hamilton, Ad- Returning to Government service in with numerous and diverse threats to ministrative Assistant to the Sec- December 1975, Mr. Hamilton was the our security, is unmistakable. Yet Bill retary of the Army, at the end of Feb- principal adviser in the Department of Lackman was more than worthy of the ruary. Mr. Hamilton has distinguished Defense on political military economic job and he accomplished his mission himself throughout his long career aspects of United States relations with with integrity, dedication and profes- with the Army, especially during the southern and western African coun- sionalism. last 15 years when he served as the Ad- tries. In May 1977, he became the Dep- Over the years, I had a number of op- ministrative Assistant. The Army and uty Director for Programming, Office portunities to work with Bill. Particu- the Nation will miss him. of the Chief of Staff, U.S. Army, and larly in my capacity as a member of Mr. Hamilton became the Adminis- served in that capacity until his ap- the Senate Intelligence Committee, I trative Assistant to the Secretary of pointment as Administrative Assistant often sought out insights and advice the Army, the Army’s senior career ci- to the Secretary of the Army. As the from him on a variety of intelligence vilian position, on March 31, 1980. The Army’s top civilian programmer, he matters. In every instance, his input position of Administrative Assistant is had a major role in the shaping and was thorough and accurate. Suffice it established by statute and dates back resourcing of the Army’s Future Years to say that my respect for Bill to 1789 when the only other civilian po- Defense Program which underlies the Lackman, as both a person and an in- sition authorized for the War Office readiness of today’s Army. telligence adviser, was profound. was that of Secretary of War. We honor Mr. Hamilton’s selfless Mr. President, I believe my col- As the Administrative Assistant, Mr. service, in peace and war, to the Nation leagues will agree that William F. Hamilton has been responsible to the and the U.S. Army. We wish him and Lackman, Jr., was an extraordinary Secretary for the administration of the his family Godspeed and a healthy and public servant whose dedicated service Department of the Army; served as a rewarding retirement. to the people of the United States, focal point for transitions between ad- f spanning more than 40 years, is worthy ministrations; and, authenticated all of our eminent praise and respect. On departmental regulations and related THE 75TH ANNIVERSARY OF THE behalf of all Virginians and a grateful publications. During a vacancy in the LEAGUE OF WOMEN VOTERS Nation, I wish to extend my sym- Office of the Secretary, he has had Mr. ROCKEFELLER. Mr. President, I pathies and gratitude to Bill’s wife, charge and custody of all records, am proud to join my distinguished col- Anne, his seven children, and his par- books, and papers of the Department. leagues in honoring the 75th anniver- ents, Mr. and Mrs. William F. Mr. Hamilton was born June 17, 1925, sary of the founding of the League of Lackman. in Elkins, WV. He graduated from the Women Voters of the United States of f U.S. Military Academy in 1946 with a America this week. This organization B.S. in military engineering. He earned has a tremendous record of encour- TRIBUTE TO VIRGINIA’S AIR an M.B.A. from Syracuse University in aging women to be active in their com- FORCE RESERVE 1959 and an M.S. in international af- munities and involved in promoting Mr. WARNER. Mr. President, I rise fairs from George Washington Univer- good public policy. The League of to pay tribute to nearly 900 Virginians sity in 1965. Mr. Hamilton has com- Women Voters can be very proud of its who are some of the most dedicated pleted the residence requirements for a history of public education and leader- members of our society. They volun- Ph.D. in business administration at ship that has helped to strengthen our tarily serve our Nation as individual American University; is a graduate of Government and country over the mobilization augmentees in the Air the Army War College (1965); the Fed- years. Force Reserve. Virginians have always eral Executive Institute (1978); and, I also am extremely proud that a na- served our Nation in times of peace and Senior Managers in Government Pro- tive West Virginian and a good friend war. I take pride in these Air Force re- gram, Harvard University (1983). He has of mine, Becky Cain, is president of the

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2904 CONGRESSIONAL RECORD — SENATE February 16, 1995 league during its 75th anniversary cele- also go without commentary that the ate stand in recess between the hours bration. intelligence community and his coun- of 12:30 and 2:15 p.m. on Wednesday in As we all know, the League of try will miss him. order for the weekly party caucuses to Women Voters is a nonpartisan polit- At this point, I can think of no great- meet. ical organization with 1,100 chapters er tribute to Bill than to recount his The PRESIDING OFFICER. Without and over 150,000 members and sup- career and contributions to his coun- objection, it is so ordered. porters around the country. Open to try. f Bill graduated from the U.S. Military both women and men, the league en- PROGRAM courages the informed and active par- Academy at West Point, NY, in 1951 ticipation of citizens in Government and served in the U.S. Army from 1951 Mr. DOLE. Mr. President, let me through education, advocacy, and orga- to 1973, rising to the rank of colonel in thank the distinguished Democratic nization at the local, State, and na- the Infantry. During his military ca- leader. I think we worked out an ar- tional levels. reer, he served combat tours in Korea rangement that will be accommodating I know how important the league is and Vietnam. He served as assistant to many of the desires of our Members for America. I have seen how their professor of Russian history at the U.S. on both sides of the aisle with ref- grassroots efforts helped pass legisla- Military Academy, and he also served erence to amendments and the sched- tion such as the 1993 National Voter as assistant professor of international uling problems that we have on both Registration Act, the historic motor- relations at the U.S. Air Force Acad- sides of the aisle, in some cases. voter bill, which is making it easier for emy. His military decorations include I would just state for the information more Americans to register to vote and the Silver Star, three awards of the Le- of all of my colleagues, under the pro- perform one of the essential acts in a gion of Merit, four Bronze Stars, the visions of the agreement reached ear- democracy. Helping to enfranchise mil- Army and Air Force commendation lier, any Senator intending to offer an lions of Americans is a fundamental ef- medals, two Purple Hearts, and two amendment or motion from the list fort to strengthen the fabric of our awards of the Combat Infantryman’s must do so by 12 noon on Wednesday; country. Badge. also, Senators should be aware that al- In addition, the league has launched In 1976, Bill joined the intelligence though no further amendments will be national campaigns such as the 1992 community staff and rose to become in order after 3 p.m. on Friday, Feb- Take Back the System Program that the principal spokesman for the entire ruary 24, it is my intention not to have actively sought to increase voter con- national intelligence community budg- any rollcall votes on Friday, February fidence and involvement in the elec- et. In 1986, he became deputy director 24th, or Monday, February 27th. toral system. And as we all know, the of the intelligence community staff. It will be my intention to stack votes For this service and his many contribu- league is active at the State and local ordered on Friday, February 24, to tions, Bill was awarded the National level in educating voters and getting occur at 2:15 on Tuesday—it will be Intelligence Distinguished Service people involved in Government. Friday or Monday—to occur at 2:15 on On many occasions, I have been Medal in January 1993. Tuesday prior to the vote on final dis- Bill was appointed the first Director proud to work with league, join in position of the constitutional amend- of the Central Imagery Office by Sec- their nonpartisan debates, and partici- ment for a balanced budget. retary of Defense Cheney on May 22, Mr. DASCHLE. Mr. President, I also pate in their events in West Virginia 1992, where he pioneered many manage- want to commend the majority leader and Washington to debate the issues. ment innovations in the provision of As we think about our country and for cooperation over the last several imagery to national defense. hours as we have negotiated this agree- the future, I believe that Americans Bill gave unselfishly to a country he need organizations like the League of ment. It is a fair agreement. It gives loved. His contributions can never be Senators an opportunity to present Women Voters more than ever to help adequately repaid. He shall be missed. develop the links and communication their amendments. We have two days with which to between people and public servants f present these amendments, and I hope that are so essential for our govern- ORDERS FOR WEDNESDAY, Senators will avail themselves of the ment to be responsive and effective. FEBRUARY 22, 1995 opportunities. We will have rollcall The league and its members deserve Mr. DOLE. Mr. President, I ask unan- votes throughout those two days and our deep appreciation for their stead- imous consent that when the Senate certainly on Tuesday. So I hope that fast commitment to educating voters completes its business today it stand in we can maximize the use of this time, in a nonpartisan way about the tough adjournment until the hour of 10:30 and I am sure that all Senators will choices and issues that we all must a.m, on Wednesday, February 22, 1995, take advantage of the opportunity that face and should try to resolve together. that following the prayer, the journal this accords it. f of proceedings be deemed approved to I think it is a good agreement and I date, no resolutions come over under WILLIAM LACKMAN hope we can get to work on Wednesday. the rule, the call of the calendar be dis- Mr. DOLE. Mr. President, again, I Mr. SPECTER. Mr. President, I can- pensed with, the morning hour be thank the democratic leaders and all not allow the passing of an American deemed to have expired, and the time others on both sides of the aisle who whose unsung contributions over 44 for the two leaders be reserved for their have been involved in working on the years have served to enhance, in ways use later in the day; and immediately agreement. that cannot be measured, the national following the prayer, the Senator from f security and well-being of this country. Wyoming, Senator THOMAS, be recog- I speak of Bill Lackman. nized to read Washington’s Farewell ADJOURNMENT UNTIL 10:30 A.M., The name Bill Lackman is not known Address pursuant to the consent agree- WEDNESDAY, FEBRUARY 22, 1995 to the American public. But in the in- ment of January 20, 1995. I further ask Mr. DOLE. Mr. President, if there be telligence community, his is a house- that immediately following the conclu- no further business to come before the hold name. I know Bill only from his sion of the reading, the Senate imme- Senate, I now ask unanimous consent many trips to the Senate Intelligence diately resume consideration of House the Senate stand in adjournment until Committee to testify on the complex Joint Resolution 1, the Constitutional 10:30 a.m, Wednesday, February 22nd, and necessary business of intelligence Balanced Budget Amendment. under the provisions of H. Con. Res. 30. programs and budget. If I were asked to The PRESIDING OFFICER. Without There being no objection, the Senate, select one word which would best de- objection, it is so ordered. at 8:07 p.m., adjourned until Wednes- scribe Bill, it would be a professional— f day, February 22, 1995, at 10:30 a.m. in the finest sense of the word. Bill f knew his business better than anyone UNANIMOUS CONSENT and he was an articulate spokesman. It AGREEMENT NOMINATIONS goes without saying that his wife Anne Mr. DOLE. Mr. President, I further Executive nominations received by and his family will miss him. It will ask unanimous consent that the Sen- the Senate February 16, 1995:

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IN THE COAST GUARD UNDER THE PROVISIONS OF SECTIONS 642 AND 628 OF KEITH W. MC WHORTER, 000–00–0000 TITLE 10, UNITED STATES CODE: SCOTT O. MEREDITH, 000–00–0000 PURSUANT TO THE PROVISIONS OF 14 USC 729, THE FOL- To be major ALAN B. MILLER, 000–00–0000 LOWING-NAMED COMMANDERS OF THE COAST GUARD CHRISTOPHER A. MILLER, 000–00–0000 RESERVE TO BE PERMANENT COMMISSIONED OFFICERS DONOVAN E.V. BRYAN, 000–00–0000 PAUL R. MILNE, 000–00–0000 IN THE COAST GUARD RESERVE IN THE GRADE OF CAP- CHISTOPHER J. WAGNER, 000–00–0000 KEITH B. MISHOE, 000–00–0000 TAIN. DARAN M. MIZELL, 000–00–0000 THE FOLLOWING–NAMED NAVAL RESERVE OFFICERS MARTA J. MOLLENDICK, 000–00–0000 TRAINING CORPS GRADUATES FOR PERMANENT AP- To be captain ROSS A. MONTA, 000–00–0000 POINTMENT TO THE GRADE OF SECOND LIEUTENANT IN CHARLES MONTGOMERY, 000–00–0000 JAMES M. BEGIS DANIEL J. ZEDAN THE U.S. MARINE CORPS, PURSUANT TO TITLE 10, UNITED COBY M. MORAN, 000–00–0000 JOHN T. EGBERT III DAVID L. POWELL STATES CODE, SECTIONS 531 AND 2107: PATRICK MORAN, 000–00–0000 RODNEY M. LEIS ROBERT W. WEST III PETER J. MORENO, JR, 000–00–0000 JOHN R. SHANNONHOUSE DANIEL V. HAGAN To be second lieutenant CHARLES A. MORRISON, 000–00–0000 JAMES M. OLSEN ROBERT C. GRANT JONATHAN M. AADLAND, 000–00–0000 DAVID C. MORZENTI, 000–00–0000 JOHN J. PITTA JON W. MINOR RICHARD M. ACKERSON, 000–00–0000 JAMES E. MOSSBERG, JR, 000–00–0000 JEFFREY M. AGNON, 000–00–0000 THE FOLLOWING INDIVIDUAL FOR APPOINTMENT AS A ROBERT G. MUCKLEROY, 000–00–0000 STEPHEN D. ALBERTS, 000–00–0000 PERMANENT REGULAR COMMISSIONED OFFICER IN THE JOHN F. MUNSELL, 000–00–0000 PATRICK E. ALLEN, 000–00–0000 U.S. COAST GUARD IN THE GRADE OF LIEUTENANT COM- CHRISTOPHER MYERS, 000–00–0000 BRIAN C. ANDERSON, 000–00–0000 MANDER: PROVIDANCE J. NAGY, 000–00–0000 GARRETT D. ANDERSON, 000–00–0000 JAMES F. NALL III, 000–00–0000 To be lieutenant commander DOMINIC S. ARMIJO, 000–00–0000 BRIAN S. NELSON, 000–00–0000 MIGUEL A. AVILA, 000–00–0000 SHAWNNA L. NILES, 000–00–0000 LOUISE A. STEWART RAYMOND P. AYRES III, 000–00–0000 JOHN T. NGUYEN, 000–00–0000 MICHAEL A. BAHE, 000–00–0000 IN THE AIR FORCE GEORGE NUNEZ, 000–00–0000 DAVID M. BANNING, 000–00–0000 MICHAEL R. O’CALLAGHAN, 000–00–0000 THE FOLLOWING STUDENTS OF THE UNIFORMED SERV- GEOFF H. BARKER, 000–00–0000 JOSEPH I. O’HARA, 000–00–0000 ICES UNIVERSITY OF HEALTH SERVICES CLASS OF 1995, STEVEN K. BARRIGER, 000–00–0000 STEPHEN OLSON, 000–00–0000 FOR APPOINTMENT IN THE REGULAR AIR FORCE IN THE WILLIAM J. BARTOLOMEA, 000–00–0000 ROBERT B. ORR, 000–00–0000 GRADE OF CAPTAIN, EFFECTIVE UPON THEIR GRADUA- CHRISTA M. BOWDISH, 000–00–0000 JAMES D. PARKER, 000–00–0000 TION UNDER THE PROVISIONS OF SECTION 2114, TITLE 10, ROBERT G. BREITBIEL, JR, 000–00–0000 LAURENCE PARKER, 000–00–0000 UNITED STATES CODE, IF OTHERWISE FOUND QUALI- BRADLEY S. BRENNAN, 000–00–0000 BYRON L. PATE, 000–00–0000 FIED, WITH DATE OF RANK TO BE DETERMINED BY THE GREGORY L. BRYSON, 000–00–0000 GREGG A. PEEPLES, 000–00–0000 SECRETARY OF THE AIR FORCE. TOBY P. BUCHAN, 000–00–0000 DONALD C. PLAISTED, JR, 000–00–0000 SHANE P. CARR, 000–00–0000 TIMOTHY B. POCHOP, 000–00–0000 MEDICAL CORPS JOSEPH V. CARROLL, 000–00–0000 GILBERT A. POLENDO, 000–00–0000 LARRY S. CARVER, 000–00–0000 MICHAEL D. PORTER, 000–00–0000 To be captain TIMOTHY D. CAVANAUGH, 000–00–0000 ANOOP PRAKASH, 000–00–0000 SAKET K. AMBASHT, 000–00–0000 STEVEN J. CHOJNACKI, 000–00–0000 MICHAEL J. RADER, 000–00–0000 ERIC J. ASHMAN, 000–00–0000 JOHN M. CONNER, 000–00–0000 KARENA A. REDD, 000–00–0000 MATT A. BAPTISTA, 000–00–0000 CHRISTIAN P. CORRY, 000–00–0000 CHRISTOPHER J. REED, 000–00–0000 TODD M. BERTOCH, 000–00–0000 DEXTER R. COSTIN, 000–00–0000 CHESTER T. REESE, 000–00–0000 JAMES E. BOYD, 000–00–0000 KEITH S. CRABTREE, 000–00–0000 SCOTT T. REESE, 000–00–0000 THATCHER R. CARDON, 000–00–0000 THOMAS A. DEAN, 000–00–0000 ALBERTO J. RIVERA, 000–00–0000 STEVEN L. CLARK, 000–00–0000 JASON M. DECOTEAU, 000–00–0000 CESAR RODRIGUEZ, 000–00–0000 GEORGE A. CLARKE, 000–00–0000 LANLE T. DESPAIN, 000–00–0000 BRIAN E. RUSSELL, 000–00–0000 JIM D. CROWLEY, 000–00–0000 JONATHAN D. DIAMOND, 000–00–0000 JAMES A. RYANS, 000–00–0000 WILLIAM H. DUNN, JR., 000–00–0000 MARK T. DONAR, 000–00–0000 DAVID F. SADLIER, 000–00–0000 JEFFREY J. FREELAND, 000–00–0000 ELIZABETH J. DONNELL, 000–00–0000 TODD B. SANDERS, 000–00–0000 JOHN D. HALLGREN, 000–00–0000 SEAN M. DORSEY, 000–00–0000 JAMES P. SCHAEFER, 000–00–0000 DEREK G. HERBERT, 000–00–0000 JUSTIN W. DYAL, 000–00–0000 MARIO F. SCHWEIZER, 000–00–0000 MARK A. HINTON, 000–00–0000 NATHANIEL T. EARLES, 000–00–0000 JIMMY SCOTT, 000–00–0000 JAY D. KERECMAN, 000–00–0000 BRIAN W. EVANS, 000–00–0000 EDWARD J. SHEA, 000–00–0000 THOMAS E. KOLKEBECK, 000–00–0000 BRIAN FALDETTA, 000–00–0000 BRYAN J. SHELLEBY, 000–00–0000 KRISTOPHER E. KORDANA, 000–00–0000 ROBERT B. FANNING, 000–00–0000 LADD W. SHEPARD, 000–00–0000 MICHAEL R. KOTELES, 000–00–0000 RICKY B. FEE, 000–00–0000 KELVIN D. SHERMAN, 000–00–0000 JENNIFER L. LAPOINTE, 000–00–0000 ANDREW H. FELDMAN, 000–00–0000 BRIAN J. SHORTSLEEVE, 000–00–0000 JESSICA T. MITCHELL, 000–00–0000 RICHARD A. FERONTI, 000–00–0000 CHRISTOPHER C. SIMPSON, 000–00–0000 ROBERT M. MONBERG, 000–00–0000 ALEXANDER E. FLORES, 000–00–0000 JENNIFER L. SIMPSON, 000–00–0000 ANOTHONY B. OCHOA, 000–00–0000 CARLETON D. FORSLING, 000–00–0000 RALPH S. SMITH, 000–00–0000 STEVEN L. OLSEN, 000–00–0000 MICHELLE E. FRATICELLI, 000–00–0000 DAMIAN L. SPOONER, 000–00–0000 MARK D. PACKER, 000–00–0000 JOSEPH B. FREEDLE, 000–00–0000 JOHN F. STANN, 000–00–0000 TERESA M. PAULSEN, 000–00–0000 NORMAN D. FREEMAN, 000–00–0000 CASEY L. STREETS, 000–00–0000 STEVEN E. RASMUSSEN, 000–00–0000 TODD A. FUJIMOTO, 000–00–0000 GARY W. THOMASON, 000–00–0000 ROBBY C. RIDDLE, 000–00–0000 RICHARD J. GANNON, 000–00–0000 MICHAEL B. THOMPSON, 000–00–0000 SCOTT A. RIISE, 000–00–0000 JOHN P. GILLIS, 000–00–0000 PHILIP J. TREGLIA, 000–00–0000 DOUGLAS M. ROUSE, 000–00–0000 MATTHEW M. GIOIA, 000–00–0000 MATTHEW E. TUNE, 000–00–0000 ELIZABETH A. ROUSE, 000–00–0000 JASON P. GLOWACKI, 000–00–0000 ELENA S. UMANSKY, 000–00–0000 CHRISTINE G. SANDAAL, 000–00–0000 MICHAEL S. GOODWIN, 000–00–0000 JOHN P. VALENCIA, 000–00–0000 LARRY R. SCHATZ, 000–00–0000 JASON T. GREEN, 000–00–0000 GREGORY S. VALLHONRAT, 000–00–0000 DARLENE P. SCHULTZ, 000–00–0000 WOODROW J. HALSTEAD, 000–00–0000 BRIAN J. VAUGHT, 000–00–0000 JON R. SHERECK, 000–00–0000 CHAD HANSEN, 000–00–0000 JOSE A. VERDUZCO, 000–00–0000 PETER R. SILVERO, 000–00–0000 JESSE A. HARDIN, 000–00–0000 DANIEL S. VERNA, 000–00–0000 DANIEL T. SMITH, 000–00–0000 DANIEL P. HARVEY, 000–00–0000 ROBERT S. VOLKERT, 000–00–0000 MICHAEL D. STEVENS, 000–00–0000 JEFFREY H. HAURY, 000–00–0000 STEVEN O. WALLACE, 000–00–0000 MAUREEN J. SWEZEY, 000–00–0000 EDWARD J. HEALEY, 000–00–0000 DAVID J. WALSH, 000–00–0000 ANTHONY A. TERRERI, 000–00–0000 BRUCE M. HEMPHILL, 000–00–0000 JORDAN D. WALZER, 000–00–0000 BONNIE C. VAN DER SLUYS, 000–00–0000 SHAWN R. HERMLEY, 000–00–0000 JEFFREY B. WARD, 000–00–0000 CHARLES N. WEBB, 000–00–0000 SAMUEL S. HINKSON, 000–00–0000 MELVIN M. WARD, 000–00–0000 MATTHEW P. WONNACOTT, 000–00–0000 JOHN D. HIOTT, 000–00–0000 ROBERT D. WARD, 000–00–0000 JON B. WOODS, 000–00–0000 MATTHEW A. HORSLEY, 000–00–0000 TROY WARE, 000–00–0000 RANDALL C. ZERNZACH, 000–00–0000 CHARLES A. HULME, 000–00–0000 MICHAEL B. WARREN, 000–00–0000 MICHELLE R. INMAN, 000–00–0000 ROBERT S. WASHINGTON, 000–00–0000 IN THE ARMY JASON J. JACKSON, 000–00–0000 DANIEL S. WESTON, 000–00–0000 JIMMY L. JACKSON, 000–00–0000 ADAM N. WILLIAMS, 000–00–0000 THE FOLLOWING-NAMED ARMY NATIONAL GUARD OF JOHN K. JARRARD, 000–00–0000 BILLY J. WOFFORD, 000–00–0000 THE UNITED STATES OFFICERS FOR PROMOTION IN THE MICHAEL G. JOHANNES, 000–00–0000 MATTHEW A. WOODHEAD, 000–00–0000 RESERVE OF THE ARMY OF THE UNITED STATES, UNDER JIMMIE J. JOHNSON, 000–00–0000 MICHAEL R. Y’BARBO, 000–00–0000 THE PROVISIONS OF TITLE 10, UNITED STATES CODE, LEE A. JOHNSON, 000–00–0000 MATTHEW W. Y’LITALO, 000–00–0000 SECTIONS 1220 AND 3385: SAMUEL L. JOHNSON, 000–00–0000 THE FOLLOWING-NAMED MARINE CORPS ENLISTED ARMY PROMOTION LIST ESTHER F. JULICHER, 000–00–0000 IVAN J. KANAPATHY, 000–00–0000 COMMISSIONING EDUCATION PROGRAM GRADUATES FOR To be colonel PHILLIP B. KENDRO, 000–00–0000 PERMANENT APPOINTMENT TO THE GRADE OF SECOND SCOTT M. KENFIELD, 000–00–0000 LIEUTENANT IN THE U.S. MARINE CORPS, PURSUANT TO BEN W. ADAMS, JR., 000–00–0000 BRIAN M. KIBEL, 000–00–0000 TITLE 10, UNITED STATES CODE, SECTION 531: LOUIS J. ANTONETTI, 000–00–0000 JOHN R. KING, 000–00–0000 To be second lieutenant BENNIE J. COTTLE, 000–00–0000 JAMES E. KOKOSZYNSKI, 000–00–0000 JAMES R. MC INTYRE, 000–00–0000 ERIC V. KRIENERT, 000–00–0000 DARREL V. ALLEN, 000–00–0000 GLEN D. ODOM, 000–00–0000 WILLIAM LANGENHEIM, 000–00–0000 TROY L. ALLEN, 000–00–0000 MEDICAL CORPS KRISTEN A. LASICA, 000–00–0000 JESUS ALVAREZ, JR, 000–00–0000 CHRISTOPHER LAVELLE, 000–00–0000 TERRANCE L. ANTONY, 000–00–0000 To be colonel DANNY R. LEDFORD, 000–00–0000 KELVIN M. ARTIS, 000–00–0000 MATTHEW D. LEIGEBER, 000–00–0000 JAMES S. BARKLOW, 000–00–0000 LEROY L. MERRING, 000–00–0000 JOHN C. LEWIS, 000–00–0000 LONNIE BEBERNISS, 000–00–0000 ARMY PROMOTION LIST JOHN H. LEWIS, 000–00–0000 STEVEN D. BICKFORD, 000–00–0000 MELANIE J. LIVINGSTON, 000–00–0000 ROBERT R. BRUNKALLA, 000–00–0000 To be lieutenant colonel CHRISTOPHER T. LOUKS, 000–00–0000 JAMES E. BUCK, 000–00–0000 JOHN J. LYNCH II, 000–00–0000 TITUS R. BURNS, 000–00–0000 MIKEL W. ANTHONY, 000–00–0000 PAUL D. MACKENZIE, 000–00–0000 DARREN A. CANAVAN, 000–00–0000 JACK L. DAVIS, 000–00–0000 GIAN F. MACONE, 000–00–0000 FELIX CANO III, 000–00–0000 LAWRENCE W. KIMMEL, JR., 000–00–0000 DEBONY L. MAFFETT, 000–00–0000 RONALD G. CAPES, 000–00–0000 MARK C. KIRKWOOD, 000–00–0000 PETER J. MAHONEY, 000–00–0000 NICK J. CHALKO, 000–00–0000 RICHARD D. LIGON, 000–00–0000 SEAN K. MANGAN, 000–00–0000 DAVID W. CLAPP, 000–00–0000 IN THE MARINE CORPS PHILLIP M. MATA, 000–00–0000 COREY M. COLLIER, 000–00–0000 SOCRATES S. MAROUDIS, 000–00–0000 KEVIN G. COLLINS, 000–00–0000 THE FOLLOWING-NAMED OFFICERS OF THE MARINE JOHN J. MAZZARELLA, 000–00–0000 LAURA L. CORPORON, 000–00–0000 CORPS FOR PROMOTION TO THE GRADE OF MAJOR, KATIE L. MC SHEFFREY, 000–00–0000 MICHAEL DELGROSSO, 000–00–0000

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ERIC R. DENT, 000–00–0000 STANLEY M. HORTON, 000–00–0000 JULIET B. RUSSELL-CLAPP, 000–00–0000 EDWARD J. DEVEAU, 000–00–0000 KEVIN C. HUMMONS, 000–00–0000 BRENT R. RUTH, 000–00–0000 BARRY A. DOWDY, 000–00–0000 LINWOOD L. JONGEMA, 000–00–0000 GREGORY I. SMITH, 000–00–0000 THOMAS J. DUNN II, 000–00–0000 NICHOLAS E. KONICKI, 000–00–0000 DAVID C. SUMMERS, 000–00–0000 ROBERT D. DUNSTON, 000–00–0000 JOSEPH G. LAPAN, JR., 000–00–0000 WESLEY E. TERRY, 000–00–0000 TROY J. EWART, 000–00–0000 ERIC J. LEHMAN, 000–00–0000 MARK A. THIEME, 000–00–0000 HAYTHAM FARAJ, 000–00–0000 FRANK Q. MARILAO, 000–00–0000 GERALD A. THOMAS, 000–00–0000 THOMAS S. FIDEL, 000–00–0000 ALEXANDER K. MC CRAIGHT, 000–00–0000 GEORGE Q. FINNEY II, 000–00–0000 GREGORY L. MC DOWELL, 000–00–0000 VICTOR T. TORRICO, 000–00–0000 PAUL A. FUNK, 000–00–0000 JEREMY S. MC ELROY, 000–00–0000 RUDY J. URIBE, 000–00–0000 GILBERT O. GARCIA, 000–00–0000 MANUEL A. MERINO, 000–00–0000 CHARLES VALENCE, 000–00–0000 MICHAEL A. GAVRE, 000–00–0000 ROBERT G. PALMER, 000–00–0000 MATT J. VALIQUETTE, 000–00–0000 DAVID GOMEZ, JR., 000–00–0000 BRYAN S. PITCHFORD, 000–00–0000 RICHARD W. VARACALLE, 000–00–0000 DANIEL GRANADA, 000–00–0000 WESLEY T. PRATER, 000–00–0000 DAVID T. WALLACE, 000–00–0000 TRACY D. GRAY, 000–00–0000 JAMES D. PURDIE, 000–00–0000 WALTER YATES, 000–00–0000 JAMES C. GREENLY, 000–00–0000 DAVID H. REUSCHLING, 000–00–0000

VerDate Aug 31 2005 03:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00136 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S16FE5.REC S16FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 355 EXTENSIONS OF REMARKS

COMMEMORATING BLACK HISTORY Justice Thurgood Marshall; Ann Elmore, who, wage for them to live? How can we say that MONTH in 1994, became the first African-American we reward work over welfare when we do not women elected to the Jefferson County Board provide the means by which an individual can HON. MIKE WARD of Education; and Evelyn L. Waldrop, whose achieve this goal. OF KENTUCKY work with the NAACP, the Urban League, the Today, it is an honor to pay tribute to these IN THE HOUSE OF REPRESENTATIVES Public Works Association, and the National African-Americans, who serve as testament to Council of Negro Women has set the standard the fact that as a nation we have come far. Wednesday, February 15, 1995 for community involvement. However, I believe that is also appropriate to Mr. WARD. Mr. Speaker, in recognition of History shows us that as our Nation was remind ourselves how much further we must February as Black History Month, a tradition struggling for freedom and democracy, Afri- go in order to achieve total equality among all dating back to 1926 when Carter C. Woodson can-Americans played invaluable roles and in our richly diverse society. I hope that we all set aside 1 week in February in order to honor contributed greatly to our efforts. These con- can make this journey together. the contributions and achievements of African- tributions have been largely overlooked and f Americans, I would like to take this opportunity such recognition is long over due. to honor the African-American men and When our Nation was in the midst of a Rev- THE PRESIDENT’S 1996 BUDGET women who have contributed so much to my olutionary War, African-Americans, such as hometown of Louisville, KY, our Nation, and to Crispus Attucks, who died in the Boston Mas- the world. sacre, heeded the call to arms and did so HON. LEE H. HAMILTON In Louisville, there have been many in the without reservationÐthese men and women OF INDIANA African-American community who have made served as infantryman, laborers, cooks, and IN THE HOUSE OF REPRESENTATIVES invaluable contributions not just to their com- also as part of the Minutemen brigade. Afri- Wednesday, February 15, 1995 munity, but to society as a whole. Judge Jan- can-Americans, such as Sgt. William H. Car- Mr. HAMILTON. Mr. Speaker, I would like to ice R. Martin, appointed to the bench by Gov- ney, who was the first African-American to re- insert my Washington Report for Wednesday, ernor Jones in March 1992, is the first African- ceive the Congressional Medal of Honor for February 15, 1995 into the CONGRESSIONAL American woman jurist to serve in the Com- his efforts in the Civil War. Again, in World RECORD. monwealth of Kentucky. Judge Martin brings War I, World War II, in Korea, and in Vietnam, to the court a long history of involvement in African-Americans served their country with THE PRESIDENT’S 1996 BUDGET many organizations, including: the Metro Unit- honor and dedication. The memories of these President Clinton recently sent to Con- ed Way; the Kentucky Women's Leadership; men and women who have served so dutifully gress his $1.61 trillion budget for 1996. The President says his budget will allow simulta- the Urban League; Dare to Care; and the Ken- must never be forgotten. neously leaner government and sufficient tucky Task Force on Racial Fairness in the Throughout our history as a nation, African- funds for popular and expensive social pro- courts. Americans answered our Nation's call to arms; grams. He claims it cuts middle-class taxes, Dr. Joseph H. McMillan, a professor in the however, in the area of civil rights, it took our keeps the deficit down, and does not cut edu- University of Louisville's Department of Early Nation a longer period of time to answer their cation, Social Security, or Medicare. The and Middle Childhood Education, has contrib- calls for justice and equality. Throughout the budget has come under fire on Capitol Hill. uted greatly to educating all Kentuckians on civil rights era of the 1950's and 1960's, our SUMMARY matters of racial tolerance and understanding. Government created roadblocks in the path of The President’s budget calls for $1.612 tril- in 1950, Dr. McMillan began his teaching ca- equality for African-Americans. These road- lion in spending and $1.415 trillion in reve- reer in Lake County, MI, and later became the blocks were in the overt form of ``whites only'' nues. That leaves a $197 billion deficit, up first African-American principal in the Grand signs in bus stations, restaurants, theaters, slightly from the $192 billion he projects for Rapids Public Schools system. Dr. McMillan and hotels; in the overt form of denying Afri- 1995. The biggest spending goes for Social Se- curity ($315 billion), Medicare and Medicaid has been active with the Annual National can-Americans the right to vote; in the overt ($270 billion), defense ($262 billion), and inter- Black Family Conference in America. He has form of segregated schools; in the overt form est on the national debt ($257 billion). The also served as chairman of the Louisville/Jef- of African-Americans being forced to ride in budget proposes few new initiatives. The ferson County Human Relations Commission, the back of the bus. most important is the middle-class tax cut, president of the Louisville Urban League, and Through such legislation as the Civil Rights which is actually three cuts: a children’s tax as chairman of the Kentucky Rainbow Coali- Act of 1964, which prohibited any public es- credit, a college tuition deduction, and a lib- tion. Dr. McMillan currently serves as a com- tablishment from discriminating on the basis of eralization of individual retirement ac- missioner to the Kentucky State Human Rights race, and the Voting Rights Act of 1965, we, counts. On the spending side, the President seeks to eliminate 131 programs and reduce Commission under Governor Jones. as a nation, have reached a greater level of funding for another 86. He calls for the re- Eleanor Forman, one of Louisville's first Afri- equality among all people; however, we do structuring of five agencies: Housing and can-American real estate agents, focused her have far to go in this effort. Urban Development, Transportation, En- efforts on integrating the Louisville real estate Today, we do not see the overt forms of ergy, General Services Administration, and market. At the time Ms. Forman entered the racism and discrimination that we saw in the Office of Personnel Management. He also real estate profession, the white-dominated 1950's and 1960's, rather, we see a more cov- proposes merging 271 separate programs into real estate market, for Ms. Forman, was a ert form of discrimination in the form of glass 27, including the consolidation of 69 job hostile environment in which to work. Prior to ceilings in hiring practices and a vast disparity training programs. The number of federal employees will continue to decline under the Ms. Forman's work, areas of the city were between African-Americans and whites in the President’s budget. The total reduction will marked as being reserved for white real estate areas of income, education, and crime statis- reach 173,300 in 1996, nearly two-thirds of the agents or African-American real estate agents tics. We also see this covert discrimination in 272,900 required by 1999 under existing law. only. Ms. Forman was also recognized as the the efforts of many to defeat a minimum wage He requests increases in discretionary 1994 Women of Achievement by the Business increase. The current minimum wage of $4.25 spending for crime reduction, national serv- and Professional Women's group. per hour provides the full-time worker an an- ice, Goals 2000, education, Headstart, and Other individuals who, through civic partici- nual salary of $8,500, which is less than one- WIC. His budget only includes limited pation and education, have strived to ease half the current poverty line for a family of changes in entitlement programs and makes no changes in Social Security and only mod- tensions and empower others to follow their four. With inflation, the minimum wage has de- est changes in Medicare. He calls for a slight example include: Lyman T. Johnson, the first creased almost fifty cents since 1991 and is reduction in defense spending in 1996 but in- African-American ever to graduate from the currently three-quarters of what it was in 1979. creases starting in 1998. He keeps foreign aid University of Kentucky, whose case for admit- How can we encourage people to get off at current levels (1% of budget) to help tance was argued by former Supreme Court welfare when we do not provide a decent maintain U.S. commitments overseas.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 356 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 CHALLENGE TO CONGRESS a genuine cure for their afflictions. And un- enhance its trading capacity in the hopes that Members from both sides of the aisle have less offset by equivalent reductions in gov- its economic growth will bring about positive taken aim at President Clinton’s budget for ernment spending, the measure might end up political changes. In the meantime, the PRC not being aggressive enough in reducing fed- costing middle-class taxpayers more money in the form of higher interest rates on their uses its booming economy fueled by its ex- eral spending and reducing the deficit. The ports to the United States to make bold and argument of the President that the deficit is mortgages, credit cards, and loans. substantive strategic gains. now under control because it has shrunk by CONCLUSION The basic lesson that some policy makers in $100 billion over the past two years has not A President’s budget is simply the opening been well received. The President did not ante in an annual game between Congress the State Department have yet to learn is that identify deep spending cuts for the new lead- and the President. President Clinton’s budg- if you give in to a bully he will keep coming ership in Congress, and in a sense his budget et comes to a hostile Congress. It is not a back for more. challenges them: ‘‘It’s your turn, show me dead-on-arrival budget, but a document for f where you’re going to cut the budget.’’ bargaining. Congress understands that. Sig- The big question now is what the budget of nificant changes are expected in the weeks CRIMINAL ALIEN DEPORTATION the new congressional leadership will look and months ahead. like. We may not know for another few IMPROVEMENTS ACT OF 1995 months. The leadership’s strategy seems to f be to keep everything very quiet and secret SPEECH OF and then spring a surprise on the country THE SPRATLY ISLAND GRAB and the interest groups that might be af- HON. C.W. BILL YOUNG fected. It remains to be seen whether Con- HON. BENJAMIN A. GILMAN OF FLORIDA gress will be serious about eliminating the OF NEW YORK deficit. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES DEFICIT REDUCTION Friday, February 10, 1995 The good progress that has been made on Wednesday, February 15, 1995 The House in Committee of the Whole deficit reduction in the first two years of the Mr. GILMAN. Mr. Speaker, I was alarmed House on the State of the Union had under Clinton administration seems to be replaced consideration the bill (H.R. 668) to control by a strategy of deficit control. The Presi- but not surprised to read in Saturday's Wash- crime by further streamlining deportation of dent and Congress were right to attack the ington Post that Communist China used its criminal aliens. budget deficit in the last two years, and the growing military strength to take over a large reasons for doing so are still compelling area of disputed territory in the Spratly Is- Mr. YOUNG of Florida. Mr. Chairman, I rise today. The key issue here is the country’s fu- lands. today in support of H.R. 668, the Criminal ture standard of living. The deficit preempts Many of our friends in that region, including Alien Deportation Act. This legislation rep- investment that would otherwise go into ex- our important Filipino allies, have been warn- resents title VIII of the Taking Back Our panding the economy. That is one major rea- ing us of the dangers of understating the Peo- Streets Act, one of the 10 points of the Re- son for the stagnation of wages and incomes for many Americans since the mid-1970s. ple's Republic of China [PRC] military buildup publican Contract With America, and contin- I believe that any serious effort to cut the as a moderate modernization program. As ues our efforts here in the House to address deficit will inevitably have to deal with anyone knows who seriously studies the our Nation's crime problem. health care costs. The political judgement issue, the PRC's military budget, recent acqui- The legislation we consider today makes behind the President’s budget is that the sitions, technology transfersÐlegal and other- several amendments to the Immigration and electorate offers little thanks to those who wiseÐand their expanded espionage program Nationality Act and other immigration laws to make a serious run at deficit reduction. in the United States is a cause for the highest address the problem of aliens who commit se- Many Members of Congress continue to play on the overwhelming belief among the public concern. rious crimes while they are in the United that the budget can be balanced just by cut- The Spratly Island grab occurred just 2 days States, and gives federal law enforcement offi- ting out waste, fraud, and abuse, and that all after the Wall Street Journal reported that the cials additional tools with which to combat or- it takes is cutting foreign aid, taking young PRC raised tensions in the region by buying ganized immigration crime. mothers off welfare, and ending congres- four Russian submarines. The PRC already The most significant provisions of H.R. 668 sional perks. At some point we will have to has over 100 submarines. Taiwan has only are intended to accomplish one or both of two be honest and specific with the American two and yet our State Department will not broad goals. First, the bill strengthens the people. Difficult choices are needed, and any- one who takes a hard look at the budget allow our democratic friends on Taiwan to pur- Government's ability to efficiently deport aliens knows it. One of the most important things chase any submarines from the United States. who are convicted of serious crimes. Second, that has to happen in this country is improv- Time and time again the Communist leaders the legislation adds immigration crimes to ing public understanding about the budget. have refused to work with the ASEAN nations those crimes that the Federal Government Too many Members of Congress favor a to defuse the Spratly tensions. All attempts to may investigate under the Racketeering Influ- balanced budget but are unwilling to offer get Beijing to address specific issues such as: enced Corrupt Organization [RICO] law, and any specifics. Indeed many go in the opposite A regional arms registry, maritime surveil- adds certain other crimes to the definition of direction. They want larger tax cuts and lance, various military transparency proposals, ``aggravated felonies,'' thereby expanding the more spending on defense and other popular programs. They list only the spending they and contentions regional security and territorial number of criminal aliens who can be de- will not cut, like Social Security. They also disputes have been ignored. The result is that ported. The bill makes it clear that expedited try to assure the governors and mayors that Beijing's rulers incrementally grab what it deportation procedures that currently apply to they will be held harmless in the process. I wants and without a peep from the State De- nonresident aliens also apply to aliens who do not want to repeat the experience of the partment. have been conditionally granted permanent 1980s when the country was told it was pos- Some 40 years ago, when the Communists residence. sible to cut taxes and balance the budget by sought to create a buffer between themselves Finally, in an effort to identify criminal aliens cutting domestic spending. The spending and democratic India, it expanded its territory who may flee jurisdiction to avoid deportation, cuts were never found and the national debt, as well as our interest payments, quad- by swallowing up Tibet, a country the size of the bill directs the Criminal Alien Identification rupled. Western Europe. In 1989, when the Com- System, formerly the Criminal Alien Tracking TAX CUTS munists felt threatened by a possible democ- Center created by the Violent Crime Control Basically I believe that for the sake of our racy emerging on its border with Burma, it and Law Enforcement Act, to assist Federal, children we should cut the deficit first and sent $1.4 billion in military assistance to the State, and local law enforcement agencies in then cut taxes, not the other way around. At State Law and Order Restoration Council identifying and locating criminal aliens who the same time, I am prepared to support tax [SLORC] is Rangoon. Due to SLORC's rule, may be deported. cuts that are deficit neutral-cuts that are opium production has doubled and perhaps Mr. Speaker, the passage of proposition 187 offset with spending reductions so there is no quadrupled in Burma and New York's streets in California in 1994, was indicative of the impact on the deficit. I would target tax cuts are awash in cheap, almost pure heroin. frustration of the American people with the to savings and investment because that is Taiwan, Tibet, the Philippines, India, New number of illegal aliens in this country. Iron- what the country really needs to grow and to increase standards of living. YorkÐpeople all over the world, including the ically, under the California law, a 7- or 8-year- I am inclined to think the tax cuts are United States, have good reasons to be con- old child can be deported, yet the Federal being oversold to the American people. Mid- cerned about the PRC's aggressive acts. Re- Government still has difficulty deporting some dle-class Americans are in economic pain, grettably, the State Department does not have criminal aliens. Under current law we may not but I doubt the tax cuts being proposed are any strategy for dealing with it other than to deport aliens who have been convicted of February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 357 crimes such as serious bribery, counterfeiting The Inter-Service Club Council of Spring- Beth Smith, a member of the Friends of and forgery, perjury or bribery of a witness, or field, Virginia was established in 1986 to co- Pohick Regional Library, Beth has been per- trafficking in stolen vehicles. In addition, aliens ordinate the good works of the numerous sonally responsible for coordinating and per- who have been sentenced to 5 or more years service clubs and civic organizations in the forming all landscape maintenance for the in prison, but have not served a full 5 years community. Today there are more than 60 Pohick Regional Library since the summer of may not be deported. Sometimes they have clubs, groups, organizations and agencies 1993. Stepping in as a volunteer, in the face been released early simply because of prison from Springfield, Franconia, Annandale, Burke, of the severe cutbacks in county funding, Beth overcrowding. Furthermore, the INS may not Lorton, and Fairfax Station affiliated with the recruited a corps of volunteer labor, attracted initiate deportation proceedings against a Inter-Service Club Council. the efforts of five Eagle Scout candidates, and criminal alien in prison until he has served 5 Since 1987 the ISCC of Springfield has hon- inspired an entire community. The results of years, which means that sometimes, the crimi- ored individuals for their exceptional service to Beth's effort have brought prominence to the nal alien is released before the deportation the community. On Wednesday, February 15, Burke-Springfield area by proclaiming to the order is ready and cannot be captured to be 1995, eight outstanding citizens of ``Greater world that our citizens care about their public deported. Springfield'' will be awarded honors for their facilities and are willing to maintain them, with- The costs to States for incarcerating these distinguished service. out using public funds. criminal aliens is a serious matter for our con- Receiving certificates for their distinguished John Sustar, a Knight of Columbus, John sideration as well. Yesterday, the House, with service to the community are: has served many years as an outstanding vol- my strong support, approved an important Karen and Bill Brown, Rotarian Bill Brown unteer in Boy Scouts, youth sports, and in his amendment which would reimburse States and his wife Karen have dedicated themselves church. A community leader, John has orga- with large immigration populations for these to helping children of the community in need nized joint contracting for driveway and roofing costs. The provision, approved as part of our at Christmas. Their efforts, in memory of their repairs, and led the effort to install natural gas crime legislation, sets aside a total of $650 daughter Kristi who died in a tragic automobile lines in this neighborhood. He is a former million annually for the next 5 years. My State accident, bring joy and giving to disadvan- Grand Knight and is the editor of the monthly of Florida houses over 5,500 criminal aliens newsletter. taged children of the community. The Break- within its correctional system. Consequently, Mr. Speaker, I know my colleagues join me fast Rotary, the Springfield K-Mart, and Stu- criminal aliens are approximately 10 percent of in congratulating these fine citizens on their dent Volunteers from West Springfield High the near 57,000 inmates in Florida's 50 cor- outstanding work. It is citizens like these, scat- School assist in this project. rectional centers. Under this plan, Florida will tered across America, that provide this country The Central Springfield Little League, the be eligible to receive more than $80 million to with our margin for excellence, in providing Central Springfield All Star Team are recog- offset these costs. services to those in need, keeping our com- nized for their remarkable advance to the Little Mr. Speaker, yesterday we took the first munities clean and beautiful and restoring the League World Series in 1994. Their excep- step in paying for the costs incurred by States American dream to our young people. The tional abilities, their team spirit, and their high to house criminal aliens. However, many Springfield Inter Service Club Council and its degree of sportsmanship was an inspiration to aliens who commit serious crimes are re- member organizations deserve our thanks and leased into American society before even all and a credit to the community. efforts. Jerry Corbin, as the president of the Spring- serving out their sentencesÐwhere they con- f tinue to pose a threat to the American people. field Plaza Merchants Association, Jerry has Today we provide our Nation with the means been instrumental in the organization of the IN HONOR OF WARREN FLOWERS to remove these individuals from our society Springfield Days Weekend and the annual altogether, and I urge support for this legisla- Halloween Parade for Children. Jerry's leader- HON. RALPH M. HALL tion. ship and ability serves as an inspiration to a corps of volunteers and has been instrumental OF TEXAS f in attracting thousands of participants to these IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION fine community activities. An active member of Wednesday, February 15, 1995 the Central Springfield Area Revitalization Mr. HALL of Texas. Mr. Speaker, it is a HON. CASS BALLENGER Committee [C±SPARC] and the Springfield- privilege for me today to honor Warren Flow- Franconia Midday Lions, Jerry is always help- OF NORTH CAROLINA ers of Gainesville, Cooke County, TX, who re- ing people with his guidance, resources and IN THE HOUSE OF REPRESENTATIVES cently announced his retirement as publisher funds; however he gives the credit to others. of the Gainesville Daily Register following 58 Wednesday, February 15, 1995 The Springfield-Franconia Host Lions Club, years of service to the newspaper. I join his Mr. BALLENGER. Mr. Speaker, on February for 40 years, our Host Lions have been raising many friends in Gainesville in paying tribute to 3, 1995, I was absent for rollcall vote No. 90. money for charity, supporting sight and hear- his distinguished career and to the many con- Had I been present, I would have voted ``no'' ing programs, supporting the youth programs tributions that he has made to his community. to this substitute amendment that would have of Hayfield and Lee High Schools, and sup- Warren Flowers was born in Shattuck, OK, allowed a simple majority approval vote to ported ECHO and Kolnonia. on August 3, 1922, the oldest of six children override a Presidential line-item veto. Honored as people of the year for 1994 are: born to Charlie and Hallie Flowers. His family On February 10, 1995, I was absent for roll- Kari Colburn, local business leader, and moved to Texas when he was 4, and 9 years call vote No. 118. Had I been present, I would member of the Springfield Rotary Club, Kari later, at the age of 13, he began his career at have voted in favor of final passage of H.R. has been instrumental in leading the efforts of the Register as a paperboy. He later worked 668, the Criminal Alien Deportation Improve- the Rotary Club in service to the Fairfax Coun- in the pressroom for 10 cents a day and, by ments Act. ty Women's Shelter for abused women and his senior year in high school, he was the city f their children. circulation manager. Captain Frederick E. Ellis, Fairfax County A graduate of Gainesville public schools and ISCC AWARDS Police Department. In addition to the stellar Cooke County College, Warren met his wife, leadership that Captain Ellis has provided as Quade Little, while in college, and they were HON. THOMAS M. DAVIS the chief of the Franconia Station FCPD, he married September 1, 1942. He joined the OF VIRGINIA has served our community as a volunteer Army Air Corps in October of 1942 and served leader in Boy Scout Troop 1343. In 1994 he IN THE HOUSE OF REPRESENTATIVES with Archie Bunker and others in World War II served as the chairman of the Scouting for until 1946. Warren then returned to the news- Wednesday, February 15, 1995 Food Drive conducted by the George Wash- paper as circulation manager, a position he Mr. DAVIS. Mr. Speaker, It gives me great ington District, National Capital Area Council, held until 1976, when he took the publisher's pleasure to rise today and pay tribute to some Boy Scouts of America. Under his leadership job. very special people in Virginia's 11th District. the Scouts collected more than 70 tons of Donrey Media Group purchased the Reg- These are individuals who put the good of food for the less fortunate citizens of the ister in 1973, which resulted in the newspaper their community above their own needs. Washington area. Through his leadership our beginning to update its printing process. War- These people will be receiving awards from streets are safe, our homes secure, we enjoy ren watched the paper progress from an 8- the Springfield Inter-Service Club Council an atmosphere of fair play and citizen's rights, page flatbed printing press that printed off ISCC on February 15, 1995. and our hungry are fed. hotlead type to its current 24-page electronic E 358 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 offset printing press with heated aluminum the rule granted for consideration of H.R. 728. prohibitions on the use of funds for consult- page plates, and from manual typewriters and This rule placed a 10-hour time limit on debate ants and for vehicles not intended for police linotype machines to video display terminals on any amendments. According to the rule, use. and computerized typesetters. preference was to be given to amendment The last general block grant program to fight Warren helped celebrate the newspaper's preprinted in the CONGRESSIONAL RECORD. crime was the Law Enforcement Assistance 50th anniversary edition in 1940 and also its Preference was also given to members of the Administration block grant program in the 100th anniversary edition in 1990. Throughout Judiciary Committee, whether their amend- 1970's. There were many documented cases this time he has played a role in chronicling ments had been printed in the RECORD or not. of outright abuse and waste of taxpayers' the news events in his town and county and Over 1 hour and 47 minutes were taken for funds. During debate on H.R. 728, many ex- in promoting projects that would benefit his votes, leaving many Members who are not amples were given and many comparisons community. members of the Judiciary Committee without were made to that now defunct program. Over the years Warren has been active in an opportunity to offer their amendments. If LEAA was grately revised in 1979, and even- many civic organizationsÐas a charter mem- the time for votes had not been included in the tually eliminated during the Reagan adminis- ber of the Gainesville Optimist Club, a charter 10 hours for debate, many other Members tration in 1982. member of Scottish Rite Valley of Fort Worth, would have been able to offer amendments. This Member has first-hand knowledge of 32nd degree, and a life member of the Texas Specifically, this Member tried throughout some of the excesses of the LEAA grants as Circulation Managers Association. He also has the day on Tuesday, February 14, to offer his a result of his service on the Nebraska State been active in the PTA, Commander, Amer- amendment No. 22, which was printed in the Crime Commission from 1969 to 1971. While ican Legion, Chamber of Commerce, Little CONGRESSIONAL RECORD on February 13. A there were many criticisms of the LEAA pro- League baseball, Girl Scouts and Camp Fire copy of the amendment follows: gram, the source of the most flagrant abuses Girls, Cooke County College Ex-Students As- AMENDMENT TO H.R. 728, AS REPORTED, of Federal funds was the use of the LEAA sociation, and Gainesville Shrine Club. OFFERED BY MR. BEREUTER OF NEBRASKA grants for crime fighting equipment and hard- Warren credits his wife, Quade, for support- Page 12, after line 7, insert the following: ware. For example, LEAA funds were used to ing him through good times and bad for 52 ‘‘(10) the unit of local government will purchase a tank in Louisiana, an airplane for yearsÐalmost as long as he worked for the spend not more than 50 percent of the funds the personal use of the Governor of Indiana, Register. He also gives much credit for his received under this title to purchase law en- a $2 million prototype that did not work, and successful tenure to his associates on the forcement equipment and hardware, includ- $1.3 million fingerprint computer never used in ing but not restricted to vehicles, machin- newspaper. In 1993 he received the Sam C. ery, communications equipment, and com- the 7 years it was owned by the State of Illi- Holloway Memorial Award from the North and puter equipment, that assist law enforce- nois. East Texas Press Association and also re- ment officials in reducing or preventing In 1979, the House and Senate prohibited ceived the Golden 50 Award from the Texas crime and improving public safety unless the the use of grant funds for the purchase of Press Association in commemoration of 50 Attorney General certifies that extraor- equipment or hardware, except for information years of service to journalism. dinary and exigent circumstances exist that and telecommunications systems and bullet He and Quade have three childrenÐJanice make the use of more than 50 percent of such proof vests. Hardware and equipment could of Wharton, Donna of Sherman, and Max of funds for such purposes essential to the only be purchased if the purchase or pay- maintenance of public safety and good order Oklahoma City, and seven grandchildrenÐsix in such unit of local government. ments are incurred as a incidental and nec- boys and a girl, who will occupy some of his essary part of an of improvement program or retirement time. He also plans to do some The Bereuter amendment was simple and project. This allowed an exception for nec- traveling and a little fishing and hunting along straightforward. It would have prohibited the essary purchases but indeed it was a very the way. use of more than 50 percent of the grant for wide loophole. More importantly, Mr. Speaker, as he begins law enforcement equipment and hardware, in- This Member's amendment to H.R. 728 this new phase of his life, he can look back cluding but not restricted to vehicles, machin- would have allowed local communities to use with satisfaction on a lifetime of accomplish- ery, communications equipment, and computer no more than 50 percent of the grant for ments in his hometown of Gainesville. His ef- equipment. This amendment also had a waiv- equipment and hardware; this limitation would forts on behalf of his hometown newspaper er provision so that in extraordinary cir- have precluded the use of a disproportionate and on behalf of his community will always be cumstances a local government may make a share of funds for equipment and hardware. appreciated. As his friend and admirer for request to the Attorney General for an exemp- The Bereuter amendment was necessary to many years, I commend his many successes, tion from the 50-percent restriction. assist in avoiding the mistakes made during his distinguished career, and his civic contribu- The 50-percent restriction would be a very the existence of the Law Enforcement Assist- tions. I join many other friends in Gainesville minimal requirement. It was not unreasonable ance Administration. We should have learned and in Cooke County who wish him well. in any way and would not have imposed a those lessons before through the LEAA expe- burden or hardship on local governments. It is f rience, after millions of taxpayer dollars were interesting to note that a 1976 study of the wasted. We have the power to establish a PERSONAL EXPLANATION LEAA grants indicates that the percentage of new grant program that effectively fights LEAA grants spent on equipment from 1969 to crime, is a formula that would reduce waste HON. RANDY ‘‘DUKE’’ CUNNINGHAM 1971 range from 39.2 to 22.2 percent. The and abuse. This Member believes it is most Bereuter amendment was very generous per- OF CALIFORNIA unfortunate that this Member was not allowed haps to a fault, by limiting equipment expendi- to offer his amendment for a vote. It would IN THE HOUSE OF REPRESENTATIVES tures to 50 percent. Wednesday, February 15, 1995 have greatly improved the block grant program The Bereuter amendment would have gone created by H.R. 728 and answered numerous Mr. CUNNINGHAM. Mr. Speaker, I was un- a long way to improve H.R. 728 by placing arguments that personnel needs like cops on avoidably detained and missed the vote on greater emphasis on funding for personnel the beat and local attuned prevention pro- final passage of H.R. 666, the Exclusionary and locally supported and locally effective grams would not be ignored or downgraded. Rule Reform Act. As a strong supporter of crime programs. This amendment also pro- f H.R. 666, had I been present, I would have vided some answer and some assurance to voted in favor of the bill. those concerned that there would be a de- CONGRATULATIONS TO JERREL D. f crease in the numbers of new cops on the SMITH ON HIS RETIREMENT street by ensuring that only half of the funds BEREUTER AMENDMENT TO H.R. could be used for equipment and hardware. 728 This restriction also provided some restraint HON. RICHARD A. GEPHARDT against excesses by local governments. OF MISSOURI HON. DOUG BEREUTER The Schumer amendment accept in the Ju- IN THE HOUSE OF REPRESENTATIVES diciary Committee would not have been af- OF NEBRASKA Wednesday, February 15, 1995 IN THE HOUSE OF REPRESENTATIVES fected by this amendment. The prohibition on the use of grant funds for tanks, limousines, Mr. GEPHARDT. Mr. Speaker, I am pleased Wednesday, February 15, 1995 planes, real estate, and yachts would have re- to recognize the contributions and work of Mr. BEREUTER. Mr. Speaker, this Member mained in place. Another Schumer amend- Jerrel D. Smith of St. Louis, MO, on the occa- would like to express his dissatisfaction with ment offered during Floor debate added the sion of his retirement. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 359 Jerrel Smith, vice presidentÐEnvironmental, period, federal agencies obligated $1 billion Other participants involved with U.S. as- Safety, and Health for the Union Electric Co. and spent $434 million of the $1.8 billion au- sistance to the FSU have at times resisted, of St. Louis, MO, retired on January 31. He thorized by Congress for grant programs, ob- hindered, or overruled the Coordinator’s ef- ligated $1.6 billion, and spent $1.22 billion for forts to develop a coherent and comprehen- will assume a new role as environmental pol- the donation program, and made $6.7 billion sive assistance program for the FSU. These icy consultant to the senior management of available for direct loans, guarantees, and include Cabinet and other agencies, the the Union Electric Co. insurance agreements. Gore-Chernomyrdin Commission and Con- In his 37 years of service to Union Electric The structure for coordinating and manag- gress through congressional earmarks. Re- Co., Mr. Smith has played an active role in as- ing U.S. bilateral programs for the FSU gardless of the merits of individual cases, the sisting Federal, State, and local legislative and starts with the National Security Council’s numerous efforts to work outside the coordi- regulatory entities in establishing environ- Policy Steering Group chaired by the Deputy nation process dilutes the Coordinator’s abil- Secretary of State. This is the only place mental protection. During his career, he has ity to coordinate the broad range of the bi- where all U.S. government policies and pro- lateral program and to develop a strategy participated in the formation and implementa- grams involving the FSU come together and that covers the full scope of U.S. economic tion of many environmental laws. Of particular where all agencies report. The National Se- cooperation activities. (See apps. I and II for note was his work with us on the Clean Air curity Council Directorate for Russian, further information on the coordination Act, which will help us achieve reductions in Ukrainian, and Eurasian Affairs, which pro- structure and process.) air pollution in a way that achieves tough new vides staff support to the Policy Steering The Coordinator’s role has been further standards in a cost-effective manner. This Group, has itself played a coordinating role complicated by the existence of serious dis- and was key in developing the U.S. package agreement between agencies over various as- work will save ratepayers in eastern Missouri of assistance first presented at the 1993 many millions of dollars. pects of the program. USAID, a primary im- Tokyo Economic Summit. The Policy Steer- plementing agency for Freedom Support Act The 104th Congress acknowledges the ing Group approved the package but has very programs, has been involved in numerous many achievements of Jerrel Smith. We thank limited involvement in grant and credit pro- disputes with other government agencies him for his continuing contributions to the de- gram implementation. over money and policy. velopment of effective national policiesÐand Pursuant to the Freedom Support Act, in Agencies complained that USAID often at- wish him best of luck in his new endeavors. May 1993, the President designated a Coordi- tempted to hinder their participation in the nator within the Department of State and f program despite the Coordinator’s instruc- charged him with (1) designing an overall as- tions, would not cooperate with them, and GAO REPORT—FORMER SOVIET sistance and economic cooperation strategy often ignored or overlooked experience other for the FSU; (2) ensuring program and policy UNION government agencies had with the issues at coordination among agencies implementing hand. the act; (3) pursuing coordination with other USAID officials disagreed with this charac- HON. LEE H. HAMILTON countries and international organizations terization. They said that other agencies OF INDIANA with respect to assistance to the FSU; (4) en- often want to use Freedom Support Act as- suring proper management, implementation, IN THE HOUSE OF REPRESENTATIVES sistance funds for purposes that are not con- and oversight by agencies responsible for as- sistent with priorities USAID believes are Wednesday, February 15, 1995 sistance programs for the FSU; and (5) re- appropriate. USAID believes it is responsible solving policy and assistance program dis- Mr. HAMILTON. Mr. Speaker, on February 7 for maintaining accountability over the pro- putes among U.S. agencies participating in gram; however, USAID officials said that the GAO issued Report GAO/NSIAD±95±10, the assistance program. The Coordinator re- sometimes other agencies do not understand entitled ``Former Soviet Union: U.S. Bilateral ports to the Deputy Secretary of State. USAID’s accountability requirements. Program Lacks Effective Coordination.'' As the While the Freedom Support Act gives the According to an official at the Coordina- State Department Coordinator broad respon- report puts it: tor’s Office, disputes between USAID and sibility for U.S. bilateral programs with the [w]hile the Freedom Support Act gives the other agencies have required the Coordina- State Department Coordinator broad respon- FSU—and calls on him to coordinate with other countries and international organiza- tor’s Office to spend an excessive amount of sibility for U.S. bilateral programs with the time dealing with high-level political battles Former Soviet Union . . . We found that, in tions on aid programs to the FSU—we found that, in practice, the Coordinator’s role is over small amounts of money instead of practice, the Coordinator’s role is much spending time developing program goals and more limited. Other groups within the execu- much more limited. Other groups within the executive branch have equal or greater influ- objectives. (See app. III for information on tive branch have equal or greater influence implementation problems and app. IV for the and authority over assistance to the FSU or ence and authority over assistance to the FSU or function autonomously outside the status of program obligations and expendi- function autonomously outside the Coordi- tures.) nator’s purview. Coordinator’s purview. In addition, the Coor- dinator has limited or no authority to direct f A new Coordinator has now been named to activities of the Cooperative Threat Reduc- replace Ambassador Simons. While his char- tion program or worldwide programs with LOCAL GOVERNMENT LAW EN- ter will be signed by the President instead of the FSU components, such as those of the FORCEMENT BLOCK GRANTS ACT Export-Import Bank, the Overseas Private the National Security Advisor, and he will re- OF 1995 port directly to the Secretary of State instead Investment Corporation, and Department of Agriculture, and thus has no way of ensuring of the Deputy Secretary, it is not clear that his that all programs for the FSU complement SPEECH OF legal authority has been broadened. one another. I believe the GAO report is evidence that The only bilateral program wholly within HON. C.W. BILL YOUNG the coordinator of aid to the former Soviet the Coordinator’s purview is the program OF FLORIDA Union should be in the White House and funded by the Freedom Support Act. All should have authority over all agencies in- agencies, even those with programs that are IN THE HOUSE OF REPRESENTATIVES volved in assistance to the FSU. The text of not under the purview of the Coordinator, Monday, February 13, 1995 the report's Results in Brief follows: generally report on their activities in the FSU to the Assistance Coordination Group, The House in Committee of the Whole RESULTS IN BRIEF which the Coordinator chairs. However, the House on the State of the Union had under This report points out that the coordina- Group is not a decision-making body but is consideration the bill (H.R. 728) to control tion process has not always worked smooth- essentially a forum for sharing information crime by providing law enforcement block ly—as could be expected for an undertaking and giving greater transparency to the pro- grants. of this magnitude. Disputes have arisen be- gram. tween the Coordinator, USAID, and other Although the Coordinator has issued strat- Mr. YOUNG of Florida. Mr. Chairman, I rise federal agencies over the appropriateness of egy papers on assistance to and economic co- today in support of H.R. 728, the Local Gov- various projects. We have not judged the ap- operation with the FSU and Russia, these ernment Law Enforcement Block Grants Act. propriateness of positions taken by various documents focus primarily on technical as- This legislation represents the final piece of agencies in these disputes. Although the var- sistance. They do not develop a clearly ar- the Taking Back Our Streets Act, 1 of the 10 ious parties agree that problems exist in the ticulated strategy for achieving the points of the Republican Contract With Amer- coordination process, there is no consensus overarching goals of the Freedom Support ica. Passage of today's bill marks the comple- as to how the coordination process should Act or for helping the countries of the FSU tion of this important legislation, and continues change. We are not making any rec- achieve their reform objectives. For exam- ommendations in this report. ple, the strategy papers do not discuss what our efforts to radically rejuvenate our Nation's For fiscal years 1990 through 1993, 19 U.S. role programs of the Export-Import Bank, fight against crime. government agencies committed a total of the Overseas Private Investment Corpora- Today's legislation replaces major portions $10.1 billion for bilateral grants, donations, tion, or the Department of Defense will play of the Violent Crime Control and Law Enforce- and credit programs to the FSU. During the in achieving U.S. objectives in the FSU. ment Act of 1994, which set up a variety of E 360 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 categorical grants and programs intended to HUNTINGTON BEACH, CA: SAFEST In order to give my colleagues a better un- ameliorate poverty and prevent crime. Instead, CITY U.S.A. derstanding of the scope and breadth of insur- the present bill establishes block grants to ance fraud, I submit the following ``1994 Top help units of local government improve public HON. DANA ROHRABACHER Ten'' list of insurance fraud cases in the Unit- safety. Use of the funds can include, but is not OF CALIFORNIA ed States. limited to, hiring, training, and equipping law IN THE HOUSE OF REPRESENTATIVES 1994 TOP 10 LIST OF INSURANCE FRAUD enforcement officers and support personnel; Wednesday, February 15, 1995 1. Stable Slayings. Hired killers destroyed enhancing school security, and establishing an unknown number of show horses. Owners Mr. ROHRABACHER. Mr. Speaker, for the collected on insurance policies which usually crime prevention programs involving law en- past several years, the great State of Califor- forcement officials. The grant money must not covered a horse for more than it was worth— nia has seen a series of unparalleled disas- $25,000 and up. The scheme had been going on supplant State or local funds, but unlike last ters, both natural, manmade, and economic. for decades, and some top names in the horse years legislation, the States and local govern- These have included earthquakes, floods, world are alleged to be involved. Twenty- ments are not required to provide matching fires, civil unrest, and even bankruptcy. Even three people were indicted in Chicago in July funds. my own constituency in Orange County has for their roles: 17 pled guilty, three were H.R. 728 authorizes $10 billion for law en- been dramatically affected by recent floods jailed and fined, and six await trial. forcement block grants over 5 years, with $2 and economic reversals. All of this has led to 2. Minus One. Dr. John Rende, a 38 year-old Florida dentist, agreed to allow two broth- billion to be distributed in each of fiscal year the impression that the State and the county's ers, Kenneth and Robert Alberton, to cut off 1996 through 2000, and it specifies criteria for once great image of prosperity and a high a finger with an axe and claim it was an ac- eligibility and distribution of the grants. In con- quality of life has diminished. cident. He collected a $1.3 million lump sum trast to the 1994 Crime Control Act, H.R. 728 Despite all of this, I am pleased to report settlement through one brother’s homeowner allows localities greater flexibility in responding that my home town of Huntington Beach was policy. He also filed under his practice’s dis- to their own crime problems. recently honored as America's ``Safest City.'' ability policy. Rende used some of the money The Morgan Quitno Publishing House of Law- to buy a boat he named ‘‘Minus One.’’ Rende Mr. Speaker, statistics paint a grim picture, and the Albertons pled guilty. All are in jail illustrating clearly that the United States has rence, KS, in its book ``City Crime Rankings'' looked at the 100 largest cities in America and and under orders to make restitution. Mary failed to get a handle on its growing crime Rende, John’s wife, is expected to plead problem. According to the FBI, the rate of vio- discovered that Huntington Beach was the guilty soon. safest place to live. It is with great pride and lent crime in the United States is worse than 3. An Empire of Scams. William Loeb set up honor that I commend and applaud each and in any other Western developed country, with a phony labor union to sell health insurance every citizen and employee in the city of Hun- from Empire Blue Cross/Blue Shield in 1988. a murder occurring every 21 minutes, a rape tington Beach for their efforts at crime reduc- When Empire terminated the insurance con- every 5 minutes, a robbery every 46 seconds, tion. We are all aware that no one person or tract two years later, the union moved the and an aggravated assault every 29 seconds. event could ever be singled out as a deciding policies to bogus insurers. More than 8,000 Violent crime or property crime victimizes one factor in receiving such an award. It takes the consumers lost $43 million in premiums on in four U.S. households. Every year, nearly 5 patience and commitment of everyone within worthless policies. Total unpaid claims could million people are victims of murder, rape, rob- be as much as $24 million. Insurers for more the community. than 600 agents named as defendants in the bery, or assault, and 19 million Americans fall For several years, now, the city of Hunting- case have agreed to pay out more than $8 victim to theft, burglary, or arson. Juvenile ton Beach has progressed in exciting and new million to settle unpaid claims. More settle- crime increased by 60 percent between 1981 directions. The advent of Community Oriented ments may come in March. Loeb is serving and 1990, compared to an increase of 5 per- Policing, downtown redevelopment, and many seven years in jail. cent among adults, and the number of inmates other progressive concepts have helped to in- 4. Coker’s Coveted. Stephen D. Coker is on convicted of drug offenses rose 14 percent sure a low crime rate and high quality of life. the run following his September indictment from 1983 to 1989. On all fronts, the problem Congratulations to Huntington Beach for in Alabama on 35 fraud-related counts. He’s your efforts! It is nice to have factual verifica- accused of siphoning at least $30 million in has become epidemic. premiums, passing them through a network This crime crisis is particularly severe tion of what I have known all along, that the of offshore insurers and reinsurers. Coker’s among minorities and the poor. The U.S. Orange County and Huntington Beach area is accused of looting a British Virgin Islands homicide rate for black males between the a great place to live and work. insurer via a sham reinsurance agreement, ages of 15 and 24 is 283 times that of males The police department in Huntington Beach filing false financial statements with regu- homicide rates in 17 other nations. Homicide is obviously one of the finest in the Nation. lators, selling policies on behalf of bogus in- surance companies run by the late fraud art- is now the leading cause of death for blacks Also important is that the community likes and supports their police and consider law enforce- ist Alan Teale, and reinsuring several of aged 15 to 34. One expert has estimated that ment every citizen's job. So the city, the po- Teale’s own sham operations, taking in at a 20-year-old black male stands a greater least another $4 million. lice, and the people of Huntington Beach have chance of being murdered on the streets than 5. The Eye’s on Him. Dr. Jeffrey J. Rutgard, every reason to be proud of their designation a San Diego eye surgeon, was indicted in a soldier in World War II stood of dying in as the country's safest city. combat. March on 217 counts alleging he bilked Medi- f care and private insurers out of millions of These figures are frightening, and proof dollars. He allegedly performed unnecessary positive that the current approach to battling 1994 TOP 10 LIST OF INSURANCE operations on mostly elderly patients who this epidemic is a dismal failure. Last year's FRAUD were often unable to give informed consent. crime bill did little to address the fundamental He was paid $20.8 million over five years. crime problem in our country. Relying on ex- HON. ROBERT W. NEY 6. A Blue Bel-Aire. Arthur Blumeyer III was convicted of 27 counts of conspiracy, money pensive ``Great Societyesque'' programs, the OF OHIO laundering and fraud in February. Blumeyer IN THE HOUSE OF REPRESENTATIVES bill attempted to do what all other big govern- was accused of using St. Louis based Bel- ment social programs have failed to do; make Wednesday, February 15, 1995 Aire Insurance Co. to bilk policy holders out individuals responsible for their actions and in- Mr. NEY. Mr. Speaker, I commend the fol- of about $43.5 million over six years. He still a sense of right and wrong in those with pocketed at least $4.9 million. Blumeyer’s lowing top 10 list of insurance fraud to my col- conviction was overturned on a technicality a propensity to commit a crime. leagues. However, before I proceed, I would Mr. Speaker, the overwhelming incidence of and he’s currently in the insurance business like to thank the Coalition Against Insurance awaiting a new trial. crime occurs within State and local jurisdic- Fraud for their hard work and unwavering 7. Gypsy Truckers. Ronnie Lee Johnson of tions, so State and local authorities bear the dedication in bringing insurance fraud to the Fort Myers, Florida, pled guilty to two felo- primary responsibility for combating this public's attention. nies for his role in a multi-state insurance mounting crisis. They need help and support As a State senator and cochair of the Ohio fraud case involving the diversion of at least from the Federal Government, but not man- Insurance Fraud Task Force, I was active in $7 million in premiums. The scammers ob- dated prevention programs. The best thing the tained minimal insurance policies by mis- fighting fraud in Ohio. Insurance fraud cost representing the firms as small ones with Federal Government can do is to try to assist American consumers more than $68 billion only a handful of trucks. The operators then State and local crime-fighters without getting last year. That's more than $800 a year out of charged hundreds of unwary independent in their way. This legislation will go along way each family's pockets in higher insurance pre- truckers as much as $5,000 a year to use toward that goal and I urge its support. miums. fraudulently obtained liability insurance. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 361 Johnson currently is serving a 46 month pris- Today in Key West, this group of citizens SPENDING BY CHARITIES ON SOCIAL PROGRAMS on term and cooperating with a expanded in- prepares to honor the men of the Maine who IS ONLY A FRACTION OF GOVERNMENT SPENDING vestigation. died without the ability to defend themselves Government spending on social welfare 8. Senior Swindlers. Retired Floridians Wil- programs at the federal, state, and local lev- liam and Phyllis Lenahan were convicted of in Havana Harbor on February 15, 1898. They will honor that great steel battleship that had els totals about $950 billion a year. Charities conning workers’ compensation and physi- as a whole—excluding only churches—spend cians’ malpractice insurance for $3 million. celebrated Christmas of 1897 in Key West approximately three-eighths the sum of gov- William claimed surgery for a work-related Harbor and been ready to sail forth to Cuba ernment outlays: about $360 billion. back injury was botched, leaving him totally on January 24, 1898, to assist, if necessary, Since the 1960s, charities and government dependent on his wife. In an investigation Americans in the city on Havana, Cuba. These agencies have often worked as partners in initiated and paid for by the surgeon, Wil- citizens will proudly remember the Maine and addressing critical social needs. In fact, liam was videotaped dancing, among other all of the great naval vessels that have visited charities receive roughly 30 percent of their activities. The two each were sentenced to revenues—about $105 billion—from govern- seven year prison terms and ordered in June the port of Key West and the near waters. Today they will recall the great Cuban patriots ment sources. to pay $1.6 million in restitution. If governments were suddenly to stop their 9. Chiropractic Couple. A Boston chiro- that gathered in Key West throughout the funding of social programs through nonprofit practor, Dr. Alan Rosenthal, and his wife, 1890's in the long struggle to cast off the yoke charities, the $105 billion cutback would Caterina, were charged with 36 counts as of Spanish tyranny that had laid waste to amount to less than one-eighth of total gov- part of a scheme worth an estimated $2 mil- Cuba. Key West will remember those days in ernment spending of $950 billion. But if the lion. They allegedly made false or inflated which journalists, war correspondents, Mem- charities as a result were forced to cut their claims, subjected clients to unnecessary bers of Congress, and military leaders strode budgets by $105 billion, it would amount to a tests, required a minimum number of visits, drastic nearly one-third reduction in their and engaged in other conduct. Dr. Rosenthal to the dusty streets following the story that war always unfolds. These were people like Fred- spending. and his wife’s trial is scheduled for February Alongside the 30 percent of total revenues 13 in federal court. eric Remington, Robley D. Evans, Stephen that charities receive from government, they 10. The Atlanta 57 and Counting. Georgia of- Crane, Randolph Hearst, Richard Harding receive only 22 percent—about $80 billion— ficials in September arrested 57 people in Davis, Admirals Sampson and Schley, and from private contributions. To offset the loss two counties on 258 counts of insurance Clara Barton of the Red Cross. of all their government funding, the char- fraud. Included in the arrests were two Presidents Bill Clinton and Jimmy Carter ities would have to increase private gifts to ‘‘major runners’’ (those who refer patients in have, thus far, joined me as honorary mem- 230 percent of present levels. To offset the staged accidents) and a chiropractor. At loss of half their government funding—$52 least 150 false or inflated claims were filed bers of the U.S.S. Maine Centennial Commis- sion. During the next several months the com- billion—they would have to increase giving with 15 insurers and costs more than $1 mil- to 165 percent of present levels. lion. Officials are continuing the investiga- mission will be seeking members from Assuming that government agencies tion and more arrests are expected. throughout the United States, the great State slashed their budgets for direct funding of f of Florida, and that little bit of paradise called social programs as well as their $105 billion Key West. I call on all of us here assembled of indirect funding through charities, the COMMEMORATION OF THE 97TH to join Key West and the centennial commis- charities would be further burdened in trying ANNIVERSARY OF THE DESTRUC- sion in recognizing their proud efforts. And, to- to aid former recipients of those direct gov- TION OF THE BATTLESHIP U.S.S. gether, let us all remember that battleship ernment services. ‘‘MAINE’’ AND RECOGNITION OF U.S.S. Maine and her crew. CHARITIES WILL NOT BE ABLE TO REPLACE LOST FEDERAL REVENUE AND MEET NEW NEEDS THE CREATION OF THE U.S.S. f BATTLESHIP ‘‘MAINE’’ CENTEN- As for increasing private giving through tax incentives, one major proposal—to re- NIAL COMMISSION IN KEY WEST, FACTS CONGRESS SHOULD NOT FL store the charitable deduction for non-item- IGNORE izing taxpayers—is expected to increase indi- viduals giving by only about $3 billion a HON. PETER DEUTSCH year, or less than 5 percent. Recent trends in charitable giving offer lit- OF FLORIDA HON. ANDREW JACOBS, JR. tle basis for optimism. Government reports OF INDIANA IN THE HOUSE OF REPRESENTATIVES tell us that individual giving from 1963 to Wednesday, February 15, 1995 IN THE HOUSE OF REPRESENTATIVES 1993 rose an average 2.4 percent, or $2.6 bil- lion, a year after inflation. But between 1988 Mr. DEUTSCH. Mr. Speaker, I rise today to Wednesday, February 15, 1995 and 1993 the average annual increase was ask that my colleagues in the House join me Mr. JACOBS. Mr. Speaker, when the Con- only 1.2 percent. Including contributions by in commemorating the 97th anniversary of the gress acts on factual information, it usually foundations and corporations and individual destruction of the battleship U.S.S. Maine in bequests as well as gifts of living individuals, does a pretty good job. the average increase between 1988 and 1993 Havana Harbor, Cuba, on this day, February Here are some facts which Congress would 15, 1898. was still only 1.2 percent. be ill-advised to ignore. While the percentage of American house- Today in the city of Key West, FL, a promi- holds giving to charity has remained steady nent group of citizens has gathered to an- CHARITIES CANNOT FILL THE GAP THAT SUB- STANTIAL CUTS IN FEDERAL FUNDING OF SO- over the years at close to 75 percent, average nounce the formation of the U.S.S. Battleship CIAL PROGRAMS WOULD CREATE household contributions dropped between Maine Centennial Commission. They are 1989 and 1993 by a disturbing 23 percent after We, the 116 undersigned organizations, inflation. Likely reasons were worries about meeting at the historic Key West Custom urge you to consider the following facts care- the national economy and personal financial House where on the second floor a naval fully and fully before taking any actions security. court of inquiry convened by President William that would make charitable organizations Private foundations, which mostly make McKinley met to hear testimony from all the responsible for filling the gap that substan- grants from their endowment incomes, pro- tial cuts in federal funding of social pro- survivors, officers and crew, of the U.S.S. vide about $10 billion a year to charitable grams would inevitably cause. Maine, on several occasions in March 1898. purposes—a relatively small portion of total Independent Sector is a national coalition The centennial commission, under the spon- charity revenues. Moreover, foundations founded 15 years ago, comprised of over 800 sorship of the Key West Art & Historical Soci- tend to use grants as risk capital to under- voluntary organizations, foundations, and write innovations rather than for general op- ety, and Richard Warren, chairman, City Com- corporate-giving offices with national inter- erating purposes. Many must limit their missioner Joseph Pais, vice chair, and Radm. est and impact in philanthropy and vol- funding to special types of projects. Ret. Nick Gee, vice chair, wish to call to the untary action. attention of all Americans the importance of We are deeply concerned about sugges- HIGHER FEES AND DUES WILL PUT CHARITABLE commemorating the 100th anniversary of this tions, originating in Congress, that charities SERVICES BEYOND THE REACH OF THOSE THEY tragic event that destroyed the proud battle- fund a substantial share of some of the social ARE SUPPOSED TO SERVE ship, that killed 260 crew and officers out of programs now financed by the Federal gov- Charities receive about 40 percent of their 350, and that propelled this great Nation into ernment. revenues—double what they get from private While we would welcome additional tax in- giving and one-third more than they get a war with Spain to the cry of ``Remember the centives to stimulate private giving, the in- from government—through dues, fees, and Maine.'' This war, the Spanish-American War, crease in gifts they would generate—even by other charges. Relentlessly rising costs and that ``splendid little war,'' would lead to the the rosiest projections—would do precious dwindling government revenues have forced freedom of the Philippines. Puerto Rico, little to offset huge cuts being suggested in many charities to charge more for services, Guam, and the island of Cuba. the funding of social programs. or start charging for formerly free services. E 362 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 Charities cannot increase their charges of Nonprofit Associations, National Easter THE ENERGY EFFICIENCY AND above certain levels, however, without put- Seal Society. CONSERVATION ACT OF 1995 ting their services beyond reach of the very National Humanities Alliance, National people whose needs they serve. Moreover, in Multiple Sclerosis Society, National Neigh- some sectors at least, efforts to begin or ex- borhood Coalition, National Resource De- HON. JIM McDERMOTT pand the sale of related goods and services fense Council, National Society of Fund OF WASHINGTON may encounter complaints from for-profit Raising Executives, National Wildlife Fed- IN THE HOUSE OF REPRESENTATIVES suppliers claiming unfair competition. eration, National Women’s Law Center, Na- tive American Rights Fund, NC Center for Wednesday, February 15, 1995 IN SUMMARY Nonprofits, New York Regional Association Mr. MCDERMOTT. Mr. Speaker, today I am Certainly, charities and their donors will of Grantmakers. introducing the Energy Efficiency and Con- do whatever they possibly can to increase Noble Centers, Inc., Nokomis Foundation, gift revenues and services to compensate for OMB Watch, OPERA America, Options for servation Act of 1995. This is the same legis- reduced government spending. Independence, The Park Ridge Center for the lation that I introduced in the 103d Congress But we can only do so much. We cannot Study of Health, Faith, and Ethics, People’s as H.R. 784. begin to do it all. Place—Milford, DE, The Pittsburgh Founda- Energy experts across the Nation recognize These are facts of life. We, the undersigned tion, Recording for the Blind, Inc., Research! conservation as the most environmentally re- organizations, urge you to take these facts America. sponsible and cost-effective source of energy carefully and fully into account in your de- School for Field Studies, Second Harvest, available today. Under the direction of the liberations, decisions, and votes. Stepping Stones-Morgantown, WV, Theatre Northwest Power Planning Council, the States American Arts Alliance, American Asso- Communications Group, The Union Insti- ciation of Museums, American Cancer Soci- tute, United Church of Christ, Office for of Washington, Oregon, Idaho, and Montana ety, American Foundation for Vision Aware- Church in Society, United Way of Michigan, are committed to achieving 1,500 megawatts ness, The American Indian College Fund, Warren Village, The Wesleyan Church, Wich- of energy conservation over the next decade. American Jewish Congress, American Lung ita Industries and Services for the Blind. This effort will save enough energy to meet Association, American Social Health Asso- Women’s College Coalition, World Emer- the electricity demands of a city half again as ciation, American Symphony Orchestra gency Relief, YMCA of the USA, YWCA of large as Seattle. League, American Tinnitus Association. Chemung County, Elmira, NY, YWCA of the This legislation will overturn the Internal Arrow, Incorporated, Arthritis Founda- USA. Revenue Service practice that discourages pri- tion, Association for Healthcare Philan- f thropy, Association of Jesuit Colleges and vate utilities from pursuing the kind of effective Universities, Battle Creek Community Foun- TRIBUTE TO THE LEAGUE OF conservation programs that are vital to the Na- dation, The Boston Foundation, Otto Bremer WOMEN VOTERS tion's energy future. Longstanding IRS policy Foundation, California Association of Non- has allowed electric and gas utilities to deduct profits, Camp Berea, Inc., Camp Fire Boys HON. JOHN D. DINGELL from their tax liabilities the costs of their en- and Girls. ergy conservation programs in the year in- OF MICHIGAN Cancer Care, Inc., CARIE (Coalition of Ad- curred. However, the Service has begun to IN THE HOUSE OF REPRESENTATIVES vocates for the Rights of the Infirm Elderly), pressure private utilities to spread these de- Catholic Health Association, Catholic Social Wednesday, February 15, 1995 Serivce—Kansas City, KS, Center for Applied ductions over a period of several years. The Linguistics, Center for Community Change, Mr. DINGELL. Mr. Speaker, I am honored to Puget Sound Power & Light Co. estimates that Chesapeake Bay Foundation, Children’s Aid rise today in recognition of the 75th anniver- this could reduce its annual conservation ex- International, Church Women United, The sary of one of this Nation's most unique and penditures by up to 10 percent. That amount Community Foundation Serving Coastal, venerable political institutionsÐthe League of is equivalent to the loss of electricity con- S.C. Women Voters. Founded in 1920, 6 months served when 4,500 homes participate in the Compeer Inc., Compton Foundation, Coun- prior to passage of the 19th amendment, the company's residential weatherization program. cil for Advancement and Support of Edu- I want to emphasize that this legislation is cation, Dance/USA, Direction Center, Grand League of Women Voters is dedicated to fur- Rapids, MI, Donors Forum of Chicago, Epi- thering the active and informed participation nothing more than an affirmation of longstand- lepsy Foundation of America, Eureka Com- by citizens in the democratic process. ing tax policy, and a rejection of the Service's munities, Evangelical Lutheran Church in Today, the League of Women Voters boasts recent attempts to modify it. Utilities have de- America, Maurice Falk Medical Fund. more than 1,100 chapters and 150,000 mem- ducted conservation expenditures in the cur- Families International, General Con- bers, men and women. The hallmark of this rent year since the beginning of these pro- ference of Seventh Day Adventists, General nonpartisan organization, which does not sup- grams in the 1960's. As recently as 1991, the Federation of Women’s Clubs, General Serv- port political parties or their candidates, is its IRS acknowledged in a technical memoran- ices Foundation, Girls Scouts of the USA, dum that conservation expenditures are, in Greater Worcester Community Foundation, grassroots approach to action. Official policy Alan Guttmacher Institute, Holland Home, positions advocated by the league are based fact, allowable as a current deduction. Grand Rapids, MI, Hudson—Webber Founda- upon the collective ideas and opinions of its Investor owned utilities are the key to the tion, Illinois Association of Non-Profit Orga- members. In addition, individual chapters con- success of conservation programs across the nizations. sistently put forward innovative community- country. Of the 1,500 megawatts of energy Illinois Literacy Resource Development based strategies to encourage citizen partici- savings the Pacific Northwest has committed Center, InterAction, International Primate pation at the local level. to achieve in this decade, over half of that will Protection League, Jewish Community Cen- As we look back on many of the most im- come from private utilities. I am committed to ters Association of North America, Jewish supporting these companies in this important Federation of Metropolitan Chicago, Harris portant legislative accomplishments of the past and Eliza Kempner Fund, Albert 75 years, it is clear that the involvement of the effort, and this legislation is a vital first step. Kundstadter Family Foundation, Lakeshore League of Women Voters has had a lasting f Lung Society, Laubach Literacy, Leukemia impact. Individuals such as Eleanor Roosevelt, Society of America. who was a very active member of the New CONTRIBUTIONS IN AID OF March of Dimes, Maryland Association of York League, have fought on countless occa- CONSTRUCTION Nonprofit Organizations, Mental Health As- sions for the enactment of measures to im- sociation in Texas, Mercy Medical Airlift, prove working conditions for the American Metropolitan Association for Philanthropy, HON. NANCY L. JOHNSON Minnesota Community College System, worker; ensure that our children are well fed OF CONNECTICUT Nagle & Associates, National AIDS Fund, and properly educated; guarantee equal rights IN THE HOUSE OF REPRESENTATIVES for all; strengthen our health care system; and National Asian Pacific American Legal Con- Wednesday, February 15, 1995 sortium, National Association for Visually protect our environment for this and future Handicapped. generations. Mrs. JOHNSON of Connecticut. Mr. Speak- National Association of Homes and Serv- I am pleased to join with my colleagues in er, today I am introducing revenue neutral leg- ices For Children, National Association of honoring this exceptional organization commit- islation to reinstate the exclusion from gross Service and Conservation Corps, National ted to responsible citizenship. By encouraging income of Contributions In Aid of Construc- Benevolent Association, National Committee for Responsive Philanthropy, National Com- the enlightened debate of vital national, State, tionÐknown as CIACÐto a water or mittee to Prevent Child Abuse, National and local issues, the League of Women Vot- wastewater utility. Joining me as original co- Council of Catholic Women, National Coun- ers has contributed greatly to the representa- sponsors are Representatives ROBERT MATSUI, cil of Churches of Christ in USA, National tive system of government envisioned by our RICHARD NEAL, ANDY JACOBS, and WILLIAM Council of Jewish Women, National Council Founding Fathers. JEFFERSON. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 363 Utilities are capital intensive industries. His- Home Builders. I urge my colleagues to co- tention of my colleagues a Reunion of Honor torically, they have received the capital for the sponsor this important legislation. for the 50th Anniversary of Iwo Jima. The re- construction of a utility extension directly from f union will take place March 10±16, 1995. The new customersÐtypically through the devel- surviving veterans of Iwo Jima, among the oper or small municipality. The customer con- 50TH ANNIVERSARY OF THE greatest heroes in our history, will be returning tributes this property, or a cash equivalent, BATTLE OF IWO JIMA to Iwo Jima, Guam, and Saipan. equaling the cost of the extension to the utility. Mr. Speaker, this is an appropriate time to In this manner, existing customers will not HON. BENJAMIN A. GILMAN salute the brave dedicated men who fought in face rate increases every time the utility gains OF NEW YORK the Battle of Iwo Jima. new customers. IN THE HOUSE OF REPRESENTATIVES f Prior to enactment of the Tax Reform Act of Wednesday, February 15, 1995 OPEN FOREIGN CAPITAL MARKETS 1986, CIAC were not included in the gross in- Mr. GILMAN. Mr. Speaker, I want to take TO U.S. AIRLINES come of an investor-owned utility and there- this opportunity to call to the attention of my fore were not subject to Federal income tax. colleagues the upcoming 50th Anniversary of On the other hand, utilities could not take tax the Battle of Iwo Jima. HON. WILLIAM F. CLINGER, JR. depreciation or investment tax credits on Fifty years ago this month, our American OF PENNSYLVANIA CIAC. Marines from the Third, Fourth, and Fifth Unit- IN THE HOUSE OF REPRESENTATIVES The 1986 act repealed Internal Revenue ed States Marine Divisions courageously bat- Wednesday, February 15, 1995 Code section 118(b) and thus forced utilities to tled in a struggle which lasted 30 days, to cap- include CIAC in gross income and pay Federal ture the Japanese occupied island of Iwo Mr. CLINGER. Mr. Speaker, during the income tax on them. Removing the exclusion Jima. With over 25,000 American casualties, three previous Congresses I served as the from gross income of CIAC was intended as including over 6,000 killed, the Battle of Iwo ranking member of the Aviation Subcommit- a tax on utilities. In practice and by regulation Jima was one of the bloodiest battles in all of tee. While in that role it became very clear to in most States, the CIAC tax is not a tax on American history. This Pacific island later pro- me that U.S. carriers had tremendous difficulty utilities, but a tax on utility customers, primarily vided bases for fighter support for raids over raising capital to sustain their operations as developers, home buyers, small municipalities, Japan, as well as an emergency landing field well as meeting the high cost of acquiring ex- and even the Federal Government. for damaged aircraft. It was planned that Iwo pensive new equipment. Over the past 5 years State utility regulatory bodies, referred to as Jima would be used as a major launching fa- the commercial air carrier industry has lost PUC's, generally require utilities to pass tax cility for the Allied invasion of Japan. The inva- $12.5 billion. That number far exceeds all prof- costs onto their customers. This is done in sion, of course, never took place because the its earned by the industry since the Wright one of two ways. The most common approach atomic bomb brought about a rapid surrender Brothers first flew. is to require the new customer to pay the cost of Japan prior to any invasion being nec- High taxes, fare wars, burdensome regula- of the tax, plus the tax on the tax known as essary. tions have all taken their toll. A lingering after- the gross-up. Depending on the State, a However, I can attest from my own personal effect of this bloodletting has been an inability gross-up can add as much as 70 percent to a experience that the capture of Iwo Jima, al- on the part of most carriers to attract new cap- customer's cost of the contribution. Alter- though extremely dear, resulted in the saving ital. One of the biggest problems now facing natively, the PUC's may allow the utility to re- of countless American lives and hastened the the airlines is the dearth of available capital. cover the tax cost over a period of time from end of the war. This is a capital intensive industry. One step the new rate base. Joe Rosenthal's Pulitzer Prize winning pho- we can take to help assure their future is to Whichever method is chosen, utilities do not tograph of five men raising the American flag address this capital crisis. pay the tax, they pass it on. But passing the on Suribachi summarizes the spirit of the bat- Under current law, foreign investors cannot tax on has detrimental effects, not only on the tle. Some authorities believe that this is the hold more than a 25 percent stake in the vot- utility's ability to bring in new business, but on most duplicated photograph in all of history. In ing stock of a U.S. carrier. The bill I am intro- the environment andÐmost significantlyÐon the classic words of Fleet Admiral Chester ducing today would be more favorable to for- the price of new housing. Nimitz: ``Uncommon Valor Was a Common eign investment while retaining enough discre- A developer ultimately will pass the cost of Virtue''. tion with the Secretary of Transportation so the CIAC and the gross-up on to the new As a World War II staff sergeant stationed that deals that were clearly not in the public home buyer. The National Association of at Guam, I flew many missions over Tokyo. interest could still be blocked. Home Builders has estimated that the CIAC On several of these missions our aircraft was Under my bill, foreign investments below the tax can increase the cost of new housing by hit by enemy fire. We were forced on several current 25 percent threshold could continue as as much as $2,000 per unit. This additional occasions to make emergency landings, and before without restriction. Investments above cost is enough to end the dream of home- were extremely grateful that the base on Iwo 25 percent would be permitted as long as: ownership for a young couple. Jima was available to use. If these coura- first, the key officers and two-thirds of the air- The CIAC tax also has some important envi- geous Marines had not captured this island line's board of directors would still be U.S. citi- ronmental effects. New customers can avoid from Japan, myself and thousands of other zens; second, U.S. citizens would still control paying the CIAC tax by building their own American Marines would not have survived. at least 51 percent of the airline's stock; and independent water systems. This leads to a The capture of Iwo Jima made it possible third, the Secretary found that the investment proliferation of systems that may not have the for the United States to successfully protect would be in the public interest. financial, technical, or managerial ability to bombers flying from Saipan, Tinian, Guam and The first two requirements are objective comply with the rigorous requirements of the other points to Japan. The airfields at Iwo standards that should be easy to apply in spe- Safe Drinking Water Act. Such systems are Jima provided an important emergency land- cific cases and would give some assurance of referred to as nonviable. According to the ing field for 2,251 damaged Superforts carry- continued U.S. control. The third requirement, EPA, in fiscal year 1990, over 90 percent of ing 24,761 crewmen. Thousands of American the public interest test, is intended to give con- the violations of Safe Drinking Water Act were veterans, including myself, owe our lives to tinued discretion to the DOT Secretary. made by systems serving fewer than 3,300 in- those who courageously captured the island of In applying the public interest test, the Sec- dividuals. By encouraging the proliferation of Iwo Jima. retary is directed to consider seven factors. No nonviable systems, the CIAC tax frustrates the Few battles in our history have captured the one factor is meant to be an absolute bar to environmental policy goal of consolidating imagination of the public as has Iwo Jima. Im- the transaction. Rather, the Secretary is to these systems into exiting, professionally man- mortalized in movies, novels, and other pro- give the proper weight to each factor in each aged systems. ductions, all Americans are well aware that the individual case in deciding whether the deal Mr. Speaker, repeal of the tax on CIAC for name of Iwo Jima is emblazoned forever in should be consummated. water and wastewater utilities will have a no- the pantheon of glory. Unfortunately, few Under the bill, the Secretary would be ex- ticeable effect on both housing prices and en- Americans are aware of why the courage of pected to look favorably upon an investment vironmental policy. It is supported by the Na- the Iwo Jima heroes was so significant to all that would help a weak carrier survive and ef- tional Association of Water Companies, the of us. fectively compete, that would help preserve National Association of Regulatory Utility Com- It is in the spirit of gratitude and patriotism, U.S. jobs, or that would enhance domestic or missioners, and the National Association of Mr. Speaker, that I would like to call to the at- international competition. E 364 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 In addition, the Secretary would consider there are foreign banks, leasing companies, This, too, is not meant as the final, consensus whether the foreign country would allow a and other entities that hold debt obligations or approach. We anticipate debate over various similar investment in one of its airlines. If so, other financial interests in our airlines. In some alternative approaches and revisions. How- that would be a plus. On the other hand, if the cases, these interests may be substantial. So ever, we do not expect meaningful debate foreign investor was controlled or subsidized we have already crossed the bridge on the over the bill's underlying premise: The current by a foreign government, that would be a foreign investment issue. Now it is time to section 404 wetlands program is broken and minus as it could tend to distort competition. raise the artificial limit on foreign investments needs to be fixed. Another factor the Secretary must consider in U.S. airline voting stock so that capital can We also anticipate new proposals and initia- is the issue of foreign control. I share the de- more freely flow to U.S. airlines. tives in other areas. For example, we want to sire of many of my colleagues to prevent our Accordingly, I am pleased to introduce this maximize flexibility for State and local govern- airlines from falling under the control of foreign bill that would allow foreign investment in air- ments, minimize Federal redtape and com- nationals. But I am also mindful that a recent lines up to 49 percent. Perhaps some day we mand-and-control regulations, and pursue GAO report indicated that continuing the cur- can go further. For now I invite my colleagues market-based and risk-based approaches to rent control restrictions would discourage for- to join me in supporting this measure. efficient and effective water quality measures. eign investment and limit the benefits that f Innovative technologies and pollution preven- might otherwise be achieved by this legisla- tion efforts, as well as nonregulatory ap- INTRODUCTION OF THE CLEAN tion. The issue of foreign control would be one proaches to watershed planning and protec- WATER AMENDMENTS OF 1995 factor among the others mentioned for the tion, also offer great promise. Secretary to consider. In the area of funding, we expect various The final factor for DOT to consider would HON. BUD SHUSTER proposals and revisions. We all know the be whether the foreign investor's home coun- OF PENNSYLVANIA value of clean water and the public and pri- try has a procompetitive bilateral with the Unit- IN THE HOUSE OF REPRESENTATIVES vate costs in not having it. We also know the ed States. While this is clearly important, it Wednesday, February 15, 1995 Federal Government has an important role in should not be the controlling factor as it Mr. SHUSTER. Mr. Speaker, with several of providing and maintaining this Nation's clean seems to have been in recent transactions. my colleagues, I introduce the Clean Water and safe drinking water infrastructure. What Proponents of open skies should keep in mind Amendments of 1995. we don't know at this point is how best to that more liberal foreign investment rules may The bill is based on last year's draft legisla- meet those needs when Federal fiscal con- be the best way to achieve their goal. Only tion known as the bipartisan alternative. As straints are greater than ever before. We hope when the nationality lines of carriers are many of you know, a large coalition of Mem- today's bill will serve as a starting point to blurred so that it is not clear which nation is bers of the Public Works and Transportation identify answers in the end. benefiting from a negotiation will some of the Committee developed this alternative in re- I urge my colleagues to cosponsor this leg- protectionist countries be willing to remove sponse to other Clean Water Act proposals islation and to become actively involved in the their aviation trade barriers and allow free that were either unnecessary or unnecessarily debate. Congress needs to renew and reform competition on international routes. prescriptive. We worked closely with State and the Clean Water Act this year. The Clean In evaluating these factors, the bill gives the local officials and the regulated community to Water Amendments of 1995 will get us start- Secretary 90 days. A time limit is important so develop the alternative bill. ed. Let me reiterate again, however, that we that investors do not have to deal with the un- Original cosponsors of today's bill include are not embracing any particular provisions in certainties of Government approved for an un- some of the key supporters of the bipartisan the bill. We are simply using today's bill as a reasonable length of time. alternative. We envision adding many more starting point. All reasonable suggestions and The issue of national security has also been revisions, both large and small, are on the raised with respect to foreign investment. cosponsors after the bill's introduction and table for consideration. Clearly we do not want an enemy of the Unit- after our series of hearings with the Water Re- ed States taking control of one of our airlines. sources and Environment Subcommittee of f Moreover, our experience with Operation the Transportation and Infrastructure Commit- Desert Shield and Desert Storm demonstrated tee. INTRODUCTION OF HOME OFFICE that U.S. carriers play an important role by Let me emphasize the legislation to be intro- DEDUCTION LEGISLATION ferrying troops and supplies to a war zone duced today is only a starting point. It does under the Civil Reserve Air Fleet (CRAF) pro- not represent extensive negotiation among or gram. It is important that the viability of this input from all the key interests to reflect new HON. NANCY L. JOHNSON developments or positions since circulation of program be preserved. OF CONNECTICUT My bill would address the national security the bipartisan alternative last year. Nor is it issue by giving the President 30 days to re- meant to frame the debate in such a way as IN THE HOUSE OF REPRESENTATIVES to prevent other issues or initiatives from aris- view a DOT-approved foreign investment. The Wednesday, February 15, 1995 President could disapprove an investment only ing. Instead, its purpose is merely to start the on national security grounds such as a trans- debate and to focus testimony and input from Mrs. JOHNSON of Connecticut. Mr. Speak- action that would undermine the CRAF pro- Members and interests over the coming er, today, I am introducing legislation to re- gram. Limiting the President's authority in this weeks. store the home office deduction for taxpayers way is similar to his role in the awarding of For example, we anticipate significant revi- who work out of their homes. I am pleased to international routes under section 801 of the sions to the bill's provisions on unfunded man- note that this measure is included in the Re- Federal Aviation Act. This portion of my bill is dates, risk assessment, and cost benefit anal- publican Contract With America and, addition- patterned after that provision. ysis. We developed these provisions before ally, has been introduced in the other body of Mr. Speaker, I am aware that there are air- circulation of the Contract With America, H.R. Senator ORRIN HATCHÐS. 327. lines who would like to close the door on for- 5, and other proposals pending in Congress. This legislation is made necessary by a eign investment. Some have already them- We will certainly want to revisit some of these 1993 Supreme Court decision, Commissioner selves taken advantage of that source of cap- issues to reflect more current thinking. v. Soliman (113 S.Ct. 701), that greatly re- ital and would now deny it to others. Others We also anticipate significant revisions to duced the availability of the deduction. Pre- can still access the U.S. capital markets and last year's provisions on nonpoint source pol- viously, home office expenses were deductible would probably be just as happy to see their lution and stormwater. In fact, Mr. Speaker, if the space in the home was devoted to the competitors wither and die. some of the provisions could be viewed as un- ``sole and exclusive use'' of the office; the tax- But I believe they are being short-sighted. funded or unfounded mandates. We plan to payer used no other office of business; and, The airline industry is becoming increasingly review more comprehensive proposals to the business generated enough income to global. I do not think an arbitrary 25 percent overhaul the programs, remove redtape and cover the deduction. The Court, in effect, limit on foreign investment in U.S. carriers any unnecessary requirements, and increase flexi- added two additional conditions: the cus- longer makes sense in a worldwide economy bility for State and local governments. tomers of the home-based business must where capital flows freely across borders. With regard to wetlands, we have followed physically visit the home office, and the busi- Moreover, it should be noted that foreign in- the same approach as in last year's bipartisan ness revenue must be produced within the vestment is nothing new in the airline industry. alternative: Include as a separate title provi- home office itself. Several foreign airlines now have substantial sions from H.R 1330, the Comprehensive Clearly, these requirements are excessive financial stakes in U.S. airlines. In addition, Wetlands Conservation and Management Act. and prior law must be reinstated and clarified. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 365 I believe today's bill helps achieve that goal Known as one of the hardest-working legis- VOA listenersÐin places such as Chechnya, and I look forward to prompt approval of this lators, Senator Presley's committee service Rwanda, Iraq, Iran, Tibet, Nigeria, China, measure in the Committee on Ways and was comprehensive. He was chairman of the Burma, and North KoreaÐwho don't under- Means. senate appropriations committee and the sen- stand English, have no access to cable or sat- f ate select committee on children and youth. ellite TV, the Internet or fax machines, or for He served on and was chairman of the senate whom democracy remains only a dream. 150 YEARS OF PUBLIC SERVICE natural resources and wildlife committee. He VOA reaches these people every day, some sat on the judiciary local government and agri- 100 million each week, in their homes and in HON. MICHAEL P. FORBES culture and water resources committees. He their languages. As they have since 1942, OF NEW YORK also headed the joint committee on prison these listeners tune in for news of the United construction and operations. Not only did Bob IN THE HOUSE OF REPRESENTATIVES States, clear explanations of its policies and work hard, he worked openly and fairly with information about their own countries. VOA Wednesday, February 15, 1995 all, regardless of party affiliation. He was, and broadcasts are valuable proponents of our Mr. FORBES. Mr. Speaker, this Saturday, is, interested in the improvement of California democratic values reaching people with the February 18, 1995 marks the 150th Annual as his first, second and third priorities. story of America and our own struggle for de- Greenport Fire Department Celebration. East- Knowing that the wellspring of leadership is mocracy. These broadcasts are a way to try to ern Long Island is proud of the many years of found in the local community, Bob is a mem- promote peaceful solutions through informa- dedicated service by the 190 volunteers of the ber of the Riverside Lions, Elks and Moose tion and bridging of cultures. Greenport Fire Department, and it is an honor lodges, American Legion, Air Force Associa- Listeners have told VOA that they want to tell my colleagues in the House about their tion, and VFW. practical ``how to'' advice on grass roots de- big day on Saturday. These volunteers are the Mr. Speaker, people here in Washington will mocracy, the free market economy, and the essence of good citizenship, ready with a often be introduced as the member from the protection of human rights as they nurture helping hand no matter how large the task. ``great State of California.'' Yet, who is it that their own fledgling democracies. VOA has re- Organized in 1845, the department was makes California great? Who is it that makes sponded. These are staples of its program- formed after incorporation of the Village of our State that wonderful place in which we ming, along with science and health, agri- Greenport and it represents all that is good want to raise our families, grow our busi- culture, American society and culture, and the about Greenport. Today, it is always on call nesses, build our dreams. enormously popular English teaching pro- for fires and local disasters. Since the village It is citizen leaders like Bob Presley who grams. And VOA is a promoter of free enter- of Greenport is a waterfront community, the consistently listen and learn, and then lead our prise, free trade and tourism, in the United men and women of the department are also communities to reach their full potential. It is States. It reports every day about American well skilled at emergency evacuation. Their the personal friend who without regard to products and services. selfless work as volunteers has been the mere party, will gladly and fruitfully guide In an era of turbulence, where the world is backbone of the entire community. The de- younger politicians and community leaders. It torn by ethnic and religious and nationalistic partment has held an annual celebration for is the decorated combat veteran who returns hatred, there is a need for an honest and 150 years, and it includes the inspection of victorious, only to dedicate himself to keeping credible voice of sanity and reason. members and equipment, parade, tournament, the peace at home. It is the enlightened legis- At our best that can be our voice. At our and firemen's ball. lator who serves his fellow citizens for two best that is the voice of America. I salute the I take this opportunity to salute the wonder- decades in the senate. It is Senator Robert Voice of America as it begins year 54. Presley, a true original who is worthy of the ful volunteers of the Greenport Fire Depart- f ment and extend the respect of the whole sincerest form of flatteryÐimitation. Fortu- nately, we will still enjoy the expertise and community. CONGRATULATIONS NICHOLE concern of Senator Presley. He is now affili- HOLMES, MISS USA SECOND f ated with our wonderful University of Califor- RUNNER-UP TRIBUTE TO SENATOR ROBERT nia, Riverside. We all look forward to working PRESLEY 36TH SENATORIAL DIS- with Bob in this next chapter of his public TRICT—RIVERSIDE, CA service. HON. GLENN POSHARD Thank you Bob for all you've done and the OF ILLINOIS example you've set. All of your neighbors and HON. KEN CALVERT fellow citizens owe you more than we can say. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA f Wednesday, February 15, 1995 IN THE HOUSE OF REPRESENTATIVES VOICE OF AMERICA ANNIVERSARY Mr. POSHARD. Mr. Speaker, I rise today to Wednesday, February 15, 1995 congratulate Nichole Lynn Holmes of Marion, Mr. CALVERT. Mr. Speaker, I take to the HON. BENJAMIN A. GILMAN Illinois. Nichole was named second runner-up floor of the House today to praise a great leg- OF NEW YORK in the 1995 Miss USA Pageant which was islator, a lifelong public servant, a combat vet- IN THE HOUSE OF REPRESENTATIVES held in South Padre Island, Texas. One of eran, and a personal friend. It may come as twelve finalists, Nichole was selected by a a surprise to those listening here in Washing- Wednesday, February 15, 1995 panel of celebrity judges from the fields of act- ton, DC, but I am talking about one manÐ Mr. GILMAN. Mr. Speaker, on February ing, athletics and psychology. The judges saw Senator Robert Presley of Riverside, CA. 24th the Voice of America begins its 54th year what people in Marion have known for years: Senator Presley represented the 36th State on the world's airwaves. From its first broad- Nichole is a talented young woman from senatorial district of the great State of Califor- cast in 1942Ðbegun with the words ``The whom we will hear great things in the future. nia. He was first elected to the senate in 1974. news may be good; the news may be bad. We Nichole is a graduate of Marion High To give an idea of the span of his career, I shall tell you the truthÐthrough to today, VOA School, John A. Logan College, and presently note that I have staff in my office who were has been a beacon of hope and constant attends Southern Illinois University at just learning to walk then, a first-class stamp source of reliable information to people around Carbondale. The people of southern Illinois cost about 15 cents, and the State budget was the world. are proud to have one of the area's best and at the incredible level of $20 billion. The past year was no exception. From brightest represent the entire state in this Having graduated from the FBI Academy, Rwanda to Haiti, Bosnia to Chechnya, Wash- prestigious event. Since being crowned Miss Senator Presley went on to a successful ca- ington Beijing, and from Northridge to Kobe, Illinois USA on November 27, 1994, she has reer in law enforcement. He maintained that the Voice of America was there providing a been busy fulfilling the duties of her position interest in protecting and serving the public in uniquely American perspective in 47 lan- and preparing for the 1995 Miss USA pageant. the senate by concentrating on anticrime legis- guages. The year also saw the important new Obviously the long hours of preparation and lation, prison construction, and child-protective connection of VOA and the Internet. dedication to achieving her goals have paid off services. Though that is not all, Mr. Speaker. VOA is still needed as democratization un- for Nichole and her family. She has accom- Bob authored major legislation on clean air, evenly proceeds in several countries. The plished this with the continued love and sup- wildlife conservation, toxic-materials control, world is smaller than ever for those on the in- port of her parents, Lynn and Mikie Holmes, education reform, attorney discipline, parks formation superhighway. While CNN reaches who are understandably proud of with and recreation, and domestic violence. some parts of the world, it does not reach Nichole's achievements. E 366 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 I am honored to represent the Holmes fam- such as the construction industry, would inevi- sure that the Government policy does not un- ily in Congress and congratulate them for tably result in contracts being awarded to the dermine the living standards of our citizens, it achieving this recognition. contractor bidding the lowest wages. In effect, also updates and modernizes several provi- f Government procurement policy would act to sions of the Davis-Bacon Act, including limiting undermine locally prevailing labor standards some of its reporting requirements and raising TRIBUTE TO LAUREN A. and reward those employers who pay the the coverage threshold. I urge my colleagues HOROWITZ least to their employees. The Davis-Bacon Act to join me in supporting this legislation. serves the vital function of ensuring that Fed- f HON. ANNA G. ESHOO eral procurement policy does not act to drive OF CALIFORNIA down the wages of working Americans. RECOGNITION OF THE 75TH ANNI- IN THE HOUSE OF REPRESENTATIVES Opponents of the Davis-Bacon Act have VERSARY OF THE LEAGUE OF Wednesday, February 15, 1995 created a number of inaccurate and mislead- WOMEN VOTERS ing myths about the law. The most outrageous Ms. ESHOO. Mr. Speaker, I rise today to myth is that minority workers will somehow pay tribute to an outstanding young woman benefit from repeal. Our colleague from Texas, HON. THOMAS M. BARRETT and a prized constituent, Lauren Horowitz. Mr. DELAY, has contended that repeal of the Lauren is a student at La Entrada School Davis-Bacon Act will ``reduce discrimination OF WISCONSIN and recently played the lead role of Diana in against women and minorities that so often IN THE HOUSE OF REPRESENTATIVES the production of ``Anne of Green Gables.'' occurs within the construction industry.'' Wednesday, February 15, 1995 This outstanding performance was put on by George Will has purported similar nonsense in the California Theatre Center in SunnyvaleÐ his column. Mr. Will begins this fabrication by Mr. BARRETT of Wisconsin. Mr. Speaker, I the only child-centered theater program in the misrepresenting the circumstances that led to am honored today to commemorate the 75th regionÐand exemplifies the very best of what enactment of the Davis-Bacon Act, contending anniversary of the League of Women Voters the arts have to offer our young people. the law was enacted ``to impede blacks com- and to express my pride and appreciation for Lauren was inspired to pursue her interest in peting for federally funded construction jobs.'' the organization's work. The league was acting by her teachers. Several little girls at- In fact, the law was supported by and enacted founded in 1919 by Carrie Chapman Catt, tending the play were inspired, in turn, by to protect contractors from the exploitative and president of the American Women's Suffrage Lauren's ability to bring the role of Diana to predatory practices that were driving legitimate Association, at the organization's final conven- life and asked for her autographÐthe highest contractors out of the Federal construction tion. form of appreciation for any artist. By showing market. Mr. Will goes on to claim that the law The league's history actually began in 1948 succeeding generations of young Americans a has a ``disparate impact disadvantageous to at Seneca Falls, NY, the site of the first wom- productive way to use their talents, energy, minorities.'' The plain and simple truth is that en's rights convention and the beginning of and self-discipline, the arts have proven to be the disadvantage under which minorities typi- the struggle for women to obtain the right to a valuable asset for our children, our commu- cally suffer is not that they are paid the pre- vote. nity, California, and our country. vailing wage, the same money for the same As president of the Women's Suffrage Asso- Mr. Speaker, Lauren Horowitz is a young work that most workers receive, but that his- ciation, Carrie Chapman Catt led the final fight woman with a bright future ahead of her in torically and continually they have been paid for the 19th amendment. Her brilliant strategy whatever profession she may choose. I ask less. Implicit in both Mr. Will's and Mr. enabled women to receive the right for which my colleagues to join me in congratulating her DELAY'S assumptions are that minority work- they had fought so hard and so long. After 75 for her winning performance and showing all ers are not as productive and therefore not years, women won the right to vote. of us the true value of the arts. worth the same wages as white, male work- Ms. Catt is a fitting symbol of the league, f ers. which is known for its outstanding research The second myth that opponents of the law and commitment to keeping voters informed. DAVIS-BACON ACT REFORM have perpetuated is that the law requires Voters in my home town of Milwaukee and union wages or somehow protects unions. In throughout the country depend on the league's HON. WILLIAM (BILL) CLAY fact, the law requires employers to pay the information to make informed voting choices. It OF MISSOURI same wages that are found to be prevailing in is said, ``If you have a question, ask a member IN THE HOUSE OF REPRESENTATIVES the local area. A union wage prevails only if of the league.'' Wednesday, February 15, 1995 most workers in the area are union employ- The league continues to keep alive the leg- ees. Seventy-one percent of all wage-based acy of Ms. Catt and the thousands of men and Mr. CLAY. Mr Speaker, today I am reintro- determinations issued by the Department of women who worked for women's suffrage. In ducing legislation to reform the Davis-Bacon Labor in 1994 were based on nonunion Ms. Catt's words: ``Winning the vote is only an Act. The bill I am introducing is identical to scales. opening edge * * * but to learn to use it is a legislation reported by the Committee on Edu- The final falsehood being perpetuated by bigger task.'' cation and Labor in the 103d Congress. opponents of the Davis-Bacon Act is that re- When Government enters the construction peal is sound Government fiscal policy. As f industry through federally funded contracts, its leading construction industry economists have FRIENDS OF BOSNIA monopoly risks skewing this unique market recognized, however, there is a direct correla- unfairly. Construction wages vary greatly tion between wage levels and productivity. across the country, reflecting differences in Well-trained workers produce more value per HON. JOHN W. OLVER communities' cost of living and business envi- hour than poorly trained workers, low wage ronments. The uncertain nature of construction workers. Economic studies have demonstrated OF MASSACHUSETTS work, however, where employees move con- that construction projects built by under- IN THE HOUSE OF REPRESENTATIVES stantly from job to job and employer to em- trained and under-paid workers cost more to Wednesday, February 15, 1995 ployer and regularly face periods of unemploy- build than those using trained workers. Recent ment, makes the industry more susceptible to studies clearly illustrate the impact that repeal Mr. OLVER. Mr. Speaker, I rise today to call cutthroat business practices than most. The of the Davis-Bacon Act will produce. When the attention of my colleagues to the efforts of Davis-Bacon Act was enacted in 1931 by a Utah's prevailing wage law was repealed, the people of western Massachusetts to allevi- Republican Congress in order to correct a pro- there was a decrease in apprenticeship train- ate the suffering of the Bosnian people, who curement system that otherwise disrupted ing, the availability of skilled workers, and a are the victims of a vicious war waged by the local employment practices and encouraged decline in average construction wages. More last Communist regime in Europe, while the the exploitation of workers. importantly, lowering the standard of living of United Nations, European Community, an By law, the Federal Government awards American workers by cutting their wages and even the United States Government has stood contracts on the basis of the lowest qualified fringe benefits will not translate to lower costs idly by and engaged in a disgraceful policy of bid. Absent the protection of prevailing wage for any government, be it Federal, State or appeasement. statutes, such as the Davis-Bacon Act and the local. I am very proud to be a part of this commu- Service Contract Act, the requirement that The legislation I am introducing strikes a nity which is reaching out to the people of contracts be awarded on a low-bid basis, par- balance between two important goals. While Bosnia in every way which it can. Friends of ticularly in labor intensive economic sectors retaining the protection the law affords to en- Bosnia is a local group which has been active February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 367 in trying to make people aware of what has Since founding the New Saint Paul Taber- make mandatory rest periods away from happened, to call for greater international ac- nacle Church of God in 1956, Bishop Brooks home. Simply, this legislation restores the de- tion to prevent genocide in Bosnia, and to pro- has reached out to people throughout Michi- duction to 80 percent for truckers, long-haul vide concrete help to the people in Bosnia gan. The Bishop helped the St. Paul Taber- bus drivers, train conductors, and others regu- who have been forced from their homes, or as nacle apply for a Head Start Grant and under lated by the Department of Transportation. in Sarajevo, have lived in constant fear of his leadership and guidance the New Saint When the meals deduction was reduced death at the hands of Serbian artillery and Paul Head Start Agency was bought to life in from 100 percent to 80 percent, the crews of sniper fire. 1993. As a result of this effort, four satellite commercial vessels and people working on oil Friends of Bonsia has collected 9 tons of centers in West Detroit assist needy families rigs were exempted. The reason for this ex- food, clothes, and medical supplies which, by providing over 340 children with edu- emption was that these individuals are re- working with the Scottish humanitarian group cational instruction and hot meals. The pro- quired by law to be away from home and ``eat Edinburgh Direct aid, they are attempting to gram provides children with almost one third out.'' This reasoning should continue to apply deliver to Sarajevo and Bihac. These cities, as of their nutritional needs. because those required by Federal law and my colleagues may recall, are two of the so- In order to promote African-American busi- regulations for safety reasons to take manda- called safe havens which the UN and the ness ownership, Bishop Brooks joined with tory rest benefits away from home should be international community have promisedÐand prominent African-American business and reli- allowed to deduct these expenses. These failed miserablyÐto protect. gious leaders to seek half ownership in chan- meals are for safety reasons, not social rea- This trip is anything but a vacation or a jun- nel 62, a historically black owned station es- sons. ket. Edinburgh Direct Aid supplies its volun- tablished in 1975. The African-American com- We need to pass this legislation to correct teers with flack jackets and helmets and has munity wanted channel 62, which was being this tax injustice. This legislation allows the suffered sniper fire during a past trip out of sold to CBS, to remain in their hands. deduction of legitimate expenses required by Sarajevo. During the time this group has been Bishop Brooks is concerned about the spir- Federal regulations. These are ordinary and crossing the countryside of this bitterly divided itual, physical and mental wellbeing of his necessary businesses, not lavish or extrava- area, there has remained the possibility that church, his neighbors, his friends and strang- gant expenses. I urge you to support this leg- Serbian troops would not allow them entry into ers. The Bishop transformed a 32-year-old islation. the ``safe havens.'' In spite of the danger and building, threatened with destruction, into a the uncertainties, Sharon Webb and Glenn first class senior citizen home. Attempts to re- f Ruga, cofounders of Friends of Bonsia, are vive the building by prominent business lead- SMALL BUSINESS ASSISTANCE traveling with the caravan in an effort to get ers failed, but under the leadership of Bishop ACT OF 1995 the supplies to the people who need it the Brooks, a $3.6 million grant was awarded to most. the group from the Department of Housing Mr. Speaker, Edinburgh Direct Aid is today and Urban Development. Today, the home HON. NANCY L. JOHNSON preparing to enter Sarajevo to distribute food provides seniors with a safe and secure living OF CONNECTICUT and supplies. The 9 tons of food, clothes, and environment. medical supplies from western Massachusetts Bishop Brooks opened his arms to the IN THE HOUSE OF REPRESENTATIVES will be used to meet a small part of the deep young by establishing the Grandmont-Rose- Wednesday, February 15, 1995 need for relief supplies in the safe havens. I dale Park Christian Day School in 1990. The Mrs. JOHNSON of Connecticut. Mr. Speak- am proud of the support from Friends of school provides a Christian education to stu- er, I am pleased to introduce today legislation Bosnia. These efforts remind us of the best dents from preschool through 12th grade. to give small businesses greater incentive America has to offer, as well as the continuing Bishop Brooks also operates a private school through the Internal Revenue Code to pur- suffering of the people of Bonsia. In contrast to train African-American entrepreneurs. Both chase equipment and machinery. to the disgraceful dithering and appeasement of these are nonprofit organizations which Under current law, section 179 of the Tax of the international community, the efforts of demonstrate his commitment to education. Code allows a deduction of up to $17,500 for the people of western Massachusetts give me Mr. Speaker, as you can see, Bishop Phillip certain depreciable assets used in a trade of a small measure of hope that we can learn A. Brooks is not just a leader in his churchÐ business. In view of the enormous costs en- from the past, and better our future. providing family counseling, tutoring, singles countered by businesses in these competitive f ministry and senior outreach programs for times, this deduction is far too low. congregationÐbut in his community and I have pressed for increases in section 179 A SPECIAL TRIBUTE TO BISHOP throughout the State. His generous contribu- PHILLIP A. BROOKS expensing for the last several years and be- tions in a society fraught with growing social lieve that, as the cost of productivity-improving and economic difficulty should be applauded. HON. JAMES A. BARCIA devices like machine tools and sophisticated I commend Bishop Brooks for his many ac- testing equipment grows, the ability to deduct OF MICHIGAN complishments. He has truly made our world IN THE HOUSE OF REPRESENTATIVES those costs should be enhanced. a better place. My bill is very straightforward in increasing Wednesday, February 15, 1995 f section 179 deductibility to $50,000. Though it Mr. BARCIA. Mr. Speaker, I rise today to INTRODUCTION OF BUSINESS probably should be much higher to reflect its pay tribute to Bishop Phillip A. Brooks. Bishop MEALS DEDUCTION FAIRNESS job-creating possibilities, its impact on tax rev- Brooks, Pastor of the New Saint Paul Taber- LEGISLATION enues is not insignificant and must be dealt nacle Church of God in Christ, has touched with in the Ways and Means Committee. I look many lives nationally, locally and personally. HON. RICHARD E. NEAL forward to prompt action in the committee and Through his commitment to community service OF MASSACHUSETTS trust that my colleagues will consider this his contributions to the State of Michigan have IN THE HOUSE OF REPRESENTATIVES measure during the upcoming debate. pronounced him one of Detroit's most influen- f tial church leaders. He ministers to the poor, Wednesday, February 15, 1995 the rich, the elderly, the young, the homeless, Mr. NEAL. Mr. Speaker, today Mrs. JOHN- 77TH ANNIVERSARY OF and the jobless, improving the quality of their SON, Mr. JEFFERSON, and I are introducing leg- LITHUANIAN INDEPENDENCE lives. islation which will repeal an unintended tax on Bishop Brooks will be a guest speaker at hard-working, middle income AmericansÐ Delta College on February 20, 1995 in cele- truckers, long-haul bus drivers, train conduc- HON. PETER J. VISCLOSKY bration of African American History Month. He tors, and other people regulated by the De- OF INDIANA will speak on, ``The Impact of the Black partment of Transportation. IN THE HOUSE OF REPRESENTATIVES Church on Social, Political, and Economic The Omnibus Budget Reconciliation Act of ChangeÐ1895±1995,'' an issue on which 1993 [OBRA] contained a provision which re- Wednesday, January 15, 1995 Bishop Brooks has had great impact. He will duced the deductible portion of business Mr. VISCLOSKY. Mr. Speaker, it is my dis- be honored for his contributions to the com- meals and entertainment expenses from 80 tinct honor to congratulate the Lithuanian munity of Saginaw, and will be recognized for percent to 50 percent. This legislation would American Council of Lake County, IN, and the his contributions to the whole State of Michi- allow employees who are required by Federal Lithuanian community on the 77th anniversary gan. law and regulations for safety reasons to of Lithuanian independence. E 368 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 The Lithuanian American Council will cele- the benefit of her former students and all who Bryan began his career in 1976 for the Erie brate Lithuanian independence, which oc- knew her. County Fair and as entertainment director of curred in 1918 as the Lithuanians were freed JESSIE WILLIAMS PRIDDLE the Darien Lake Theme Park in New York. He from the Soviet Union. They will mark this joy- Jessie Lutetia Williams Priddle, 90, a then moved on to become promotions director ous occasion on Sunday, February 19, 1995, former teacher at the Capitol Page School, for the Ice Capades. at St. Casimir's Church in Gary, IN. Following died February 4 of heart and lung ailments In 1985 Bryan began his adventure with tradition, the anniversary ceremony will begin at an Alexandria nursing home. Born in Disney. While serving as manager of advertis- with a church service starting at 11:30 a.m. Hutchinson, KS, she attended public schools ing and promotions for Marriott's Great Amer- After the church service, the Lithuanian Amer- there, graduated from Southwestern College ica Theme Park in Chicago, IL, Wittman was in Winfield, KS, and earned a masters degree ican Council will hold a flag raising ceremony in education from Columbia University. recruited to Disney World in Orlando, FL, as outside of St. Casimir to honor those Lithua- She taught in elementary and secondary senior promotions representative. In 1988 he nians who pledged their allegiance to inde- schools in Kansas and New York, and worked was relocated to Disneyland in Anaheim, CA, pendence for their people. The event will then for the United Nations Works and Relief where he became manager of promotions. conclude with a dinner in the church hall. Agency [UNWRA] following the Second Continuing in his career advancement in I would like to take this opportunity to com- World War. 1991, Bryan became director of marketing for mend the Lithuanian American Council of She moved to Washington in 1948, and with Disney. Lake County's officers, including: Vincent J. the exception of 1 year, taught English at As of February 2, 1995, he has been pro- Gumulauskis, who has been president for 3 the Page School in the Library of Congress until her retirement in 1967. Among her moted to vice president for promotions, public- years; Pete D. Auksel and Casimir Balt, both many students over the years were BILL EM- ity, and special events. of whom are vice presidents; Birute Vilutis, ERSON, PAUL KANJORSKI, JIM KOLBE, and TOM Bryan's energy and imagination have been secretary; and Walter Ruzga, treasurer. Allow DAVIS among sitting Members, as well as praised by Disney executives as his hard work me to also commend the board of directors, former Members Bob Bauman and Doug and abundant successes are a testament to whose members include Rev. Ignatius Bosco, and the former Clerk of the House, his strong character. Urbonas, Aleksas Degutis, Alex Donn Anderson. She was granted a Fulbright Speaking as a President of western New Navardauskas, Dan Pauls, Frank Petrites, fellowship for the 1955–56 school year to York, and as a Member of Congress, I ap- teach English as a foreign language in the Brone Tampauskas, and Izidorius Tavaras. Fi- plaud the outstanding accomplishments of nally, I would like to commend every member southern Netherlands towns of Goes and Middelburg. Bryan Wittman. of the Lithuanian American Council for the loy- During her teaching years in Washington f alty and enthusiasm they have displayed to- she was an active member of the National ward their ethnicity. Presbyterian Church, singing regularly in its The Lithuanian American Council of Lake choir, and played violin with the Washington THE MISSING SERVICE County, IN is a branch of the Lithuanian Amer- Civic Orchestra. PERSONNEL ACT OF 1995, H.R. 945 ican Council. It was founded in 1940 and origi- After her retirement from the Page School, nated in large cities such as Boston, Chicago, she donated one semester of service as a vis- and New York. The organization in Lake iting professor of English at her alma mater, HON. BENJAMIN A. GILMAN Southwestern College. At the end of the se- County initially was headquartered at St. OF NEW YORK mester the college hired her for the balance Francis in East Chicago, IN, until recently of the school year. IN THE HOUSE OF REPRESENTATIVES when the building was demolished. The orga- Returning to Washington in 1968, she be- nization was then moved to St. Casimir where came active in the D.C. League of Repub- Wednesday, February 15, 1995 its home is today. lican Woman. She recalled her election to Mr. GILMAN. Mr. Speaker, today I rise to in- the league’s board as having been the result It is my sincere hope that 1995 will bring re- troduce the Missing Service Personnel Act of newed prosperity for all members of the Lith- of the organization’s desire for some ‘‘young- er’’ officers. She also volunteered in the 1995, an important bill for those who care uanian community and their families. May this deeply about the POW/MIA issue. 77th anniversary celebration prove to be a local Daughters of the American Revolution chapter’s program of teaching English to the This legislation will make important changes most joyous occasion. predominantly Spanish-speaking foreign to sections 555 and 556 of the Missing Serv- f nurses in several local hospitals. ice Personnel Act of 1942 by reforming the In 1973, she married Horley Priddle, a high JESSIE WILLIAMS PRIDDLE Department of Defense's process for deter- school classmate with whom she had re- mining whether any member of the Armed newed her acquaintance at their class 50th HON. BILL EMERSON reunion the previous summer. It was her Forces should be listed as missing in action. OF MISSOURI first marriage. They traveled together wide- In so doing this bill will unveil the curtain of IN THE HOUSE OF REPRESENTATIVES ly, including an around-the-world tour short- secrecy which currently surrounds any DOD ly after their marriage. decision concerning a person's status as miss- Wednesday, February 15, 1995 Mr. Priddle died last July. She is survived ing in action. Mr. EMERSON. Mr. Speaker, there are so by several nieces and nephews, including Mr. Speaker, legislation pertaining to those many who serve on Capitol Hill who contribute Paul Hays, the House Reading Clerk. Private missing in action have not changed over the to the fabric of what this place is, but who services were held on February 11 in Clarks- past 50 years. As all of us who care dearly ville, TN. never receive a great deal of public attention about this important issue know, the Depart- or acclaim. f ment of Defense and the U.S. Government For 18 years Jessie Williams Priddle, re- TRIBUTE TO BRYAN WITTMAN have been continually criticized for their han- membered by most of us as ``Miss Williams,'' dling of the POW/MIA issue since the Vietnam taught English in the Page School at the Li- HON. JACK QUINN war. Accordingly, the time has come to make brary of Congress. Several of us serving here OF NEW YORK appropriate corrections in how the Govern- now, who had the privilege of having been IN THE HOUSE OF REPRESENTATIVES ment determines who in the Armed Forces pages in the House in our youth, have fond should be classified as missing in action. memories of Miss Williams as one who left a Wednesday, February 15, 1995 The bill I am introducing today will, in turn, positive, good, and enduring mark on our Mr. QUINN. Mr. Speaker, I rise today in rec- ensure fairness to all concerned by involving lives. ognition of Mr. Bryan Wittman of Hamburg, family members, requiring legal representa- She was a terrific teacher and had a sparkly NY. tion, and by permitting Federal court review of personality, and was one of those teachers It gives me great joy to share with everyone all determinations. These significant changes you never forget because she made it all so in the Congress the outstanding achievements will ensure that no soldier or sailor, currently interesting. of one of my constituents. Bryan is the son of listed as missing in action, will be declared Miss Williams passed away several days Mrs. Norma Wittman of North Hampton Brook dead without a full and fair review of all avail- ago. She had a long and fruitful life and Drive. able evidence and until all possible consider- touched so well and favorably so many peo- Bryan, a native of my hometown of Ham- ations have been examined. ple, especially her students. burg, NY, attended St. Peter and Paul Grade Accordingly, I urge my colleagues who Her nephew, Paul Hays, the House Reading School and St. Francis High School. He grad- share their concern with the POW/MIA issue Clerk, has shared with me a brief biography of uated from Ashland University with a bachelor to support this important and fair legislation. Miss Williams, which I in turn wish to share for of arts degree in radio and television. This legislation is supported by the American February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 369 Legion, by the Vietnam Veterans of America, Quick action on the Missing Service Per- The practice of changing the classification the National Alliance of Families, and other sonnel Act of 1995 will assure that the men of those listed as Prisoner of War or Missing POW/MIA organizations. and women of our nation’s Armed Forces In Action to Killed In Action based on the will not be subjected to the mistakes of the presumption of death, due solely to the pas- Mr. Speaker, I am submitting supporting let- past. Vietnam Veterans of America will sage of time, is an outrage! In the proposed ters from these organizations to be printed in lobby actively in support of this bill, and we ‘‘Missing Service Personnel Act,’’ ‘‘conclu- the RECORD following by statement. appreciate your introducing it. sive proof of death’’ is required to be estab- THE AMERICAN LEGION, Sincerely, lished and based upon evidence that death is Washington, DC, February 1, 1995. JAMES L. BRAZEE, JR., the only plausible explanation for the ab- Hon. BENJAMIN A. GILMAN, President. sence of the missing person. U.S. House of Representatives, Washington, DC. Important provisions of this legislation, DEAR REPRESENTATIVE GILMAN: The Amer- N.Y. STATE POW/MIA are the inclusion of family members in the ican Legion is extremely appreciative of ACTION GROUP, review process, their access to information your past efforts and actions to obtain the Utica, NY, January 20, 1995. gained during the investigation and a set fullest possible accounting of American pris- Re letter of support for your introduction of time frame for the review process. oners of war and those missing in action the Missing Service Personnel Act of Passage of the ‘‘Missing Service Personnel from previous conflicts and the Cold War. We 1995. Act’’ is vital and will restore a sense of con- are pleased to hear that you are again lead- Hon. BENJAMIN A. GILMAN, fidence not only to those effected by pre- ing an effort to introduce legislation that Chairman, International Relations, Washing- vious wars, but to those who may become will go even further toward addressing the ton, DC. Prisoner Of War or listed as Missing In Ac- plight of the missing and the concerns of Representative SUSAN MOLINARI, tion as a result of future wars. their families. Representative LEE HAMILTON, Congressman Gilman, we thank you for The American Legion has supported the Representative KAREN THURMAN. your support and would encourage you to re- POW/MIA issue as a matter of the highest DEAR REPRESENTATIVES GILMAN; MOLINARI; introduce the ‘‘Missing Service Personnel priority for many years. Your sponsorship of HAMILTON; and THURMAN: On behalf of the Act’’ as one of the first items to be intro- such a bill is significant for all who served in members and supporters of the N.Y. State duced before the House Of Representatives of the past, those who now serve and those who POW/MIA Action Group, I extend to you all the 104th Congress. will serve in the future. It also comes at a our profound gratitude for your bipartisan Sincerely, time when concern for our missing is becom- sponsorship and cosponsorship, of the Miss- RICH TEAGUE, ing obscured by potentially lucrative busi- ing Service Personnel Act of 1995. ViewNow National POW/MIA Chairman. ness contacts with former adversaries. We This Act is both long overdue, and well must not let those who are missing be for- crafted. The MIA and their families deserve MARINE CORPS LEAGUE, gotten. the peace of mind, and respect, that the Act January 20, 1995. We recognize that the families of the miss- provides. Hon. BENJAMIN GILMAN, ing and other veterans organizations have Our support for this legislation is long- International Relations, Rayburn HOB, Wash- pertinent and valid views that may be con- standing and we look forward to the entire ington, DC. sidered for incorporation into any legislation New York State delegation’s support, if not Representative SUSAN MOLINARI. dealing with the missing. It is also the opin- cosponsorship, for the Act. Representative LEE HAMILTON. ion of the Legion that it is most imperative We stand ready to assist you in your ef- Representative KAREN THURMAN. a bill be introduced as soon as possible on forts on behalf of the Act, and hope and ex- Re: Support for the Missing Service Person- this issue. pect swift passage of this most important nel Act of 1995 The American Legion believes such legisla- legislation. Thank you again. DEAR MEMBERS GILMAN, MOLINARI, HAMIL- tion will provide a more equitable basis for MR. JOSEPH AMEROSA, TON, and THURMAN: The Marines and Auxil- making status determinations for all who President. iary of the Department of New York, want to are missing, and those who may be captured make clear our deep and widespread thanks or otherwise become missing in future mili- AMERICAN DEFENSE INSTITUTE, to you all for your introduction of the Act of tary operations. January 19, 1995. 1995. Individually, you are to be congratu- Sincerely, Hon. BENJAMIN A. GILMAN, lated for your vision and courage to address JOHN F. SOMMER, JR., House of Representatives, Washington, DC. this element of the POW/MIA issue. Executive Director. DEAR CONGRESSMAN GILMAN: The Missing We are aware of all the work put into de- Service Personnel Act of 1995 is the most im- veloping the language of this bill and salute VIETNAM VETERANS OF AMERICA, INC., portant piece of legislation written to com- you for an excellent piece of legislation. This Washington, DC, February 6, 1995. prehensively protect service members from Act of 1995, must pass as introduced. We also Hon. BENJAMIN A. GILMAN, wars past and future. Passage of this legisla- recognize the work by staff and veteran and House of Representatives, tion, which you, Senator Dole, and Senator POW/MIA organizations. Washington, DC. Lautenbery are sponsoring in the House and On behalf of those who have worn the uni- DEAR REPRESENTATIVE GILMAN: Vietnam the Senate, will protect the service mem- form of the United States, those who wear it Veterans of America (VVA) salutes you for ber’s legal status from arbitrarily being today, and those who will wear it in the fu- introducing ‘‘the Missing Service Personnel changed from POW to MIA to ‘‘presumptive ture, and their families, may I express my Act of 1995.’’ VVA’s Board of Directors voted finding of death.’’ This measure will also per- sincere gratitude for the introduction of the unanimously to put the full force of our or- mit families to be better informed and give Act of 1995, and your efforts to secure pas- ganization in support of this legislation. them authority to challenge adverse deci- sage. We stand ready to assist you in this ef- No group of veterans knows more about sions in court. fort. how divisive and bitter the unsettled ques- Congressman, I want to thank you for in- Yours truly, tions about the fate of missing-in-action troducing this bill, which is near and dear to JOSEPH WISE, military personnel can be. Had such a law my heart. I have personally seen many Commandant. been in place during the Vietnam War, many friends from years past ‘‘written off’’ by our of the over 2,200 unresolved POW/MIA cases government, despite their families’ objec- TASK FORCE OMEGA INC., would have been resolved long ago, and their tions. You have performed a valuable service Glendale, AZ, January 10, 1995. families allowed a sense of closure and dig- to the families of our missing men and to Hon. BENJAMIN A. GILMAN, nity for the loss of their loved ones. those members of the armed forces who are Rayburn House Office Building, Washington, Because the Missing Service Personnel Act or will be missing in action. This bill has my DC. of 1995 would spell out in law a procedure for full support. DEAR CONGRESSMAN GILMAN: The purpose handling the very delicate question of how Sincerely, of this letter is to thank you for agreeing to and when a member of the Armed Forces EUGENE ‘‘RED’’ MCDANIEL, re-introduce The Missing Service Personnel considered missing in action can be declared CAPT, USN (Ret). Act in the House of Representatives and to legally dead, we believe this legislation will encourage you, in the strongest possible correct mistakes realized in past wars. Al- VIETNOW, terms, to introduce the bill early this legis- though the new procedure could take a year, Rockford, IL, December 23, 1994. lative year. it is a relatively short time compared to the Hon. BENJAMIN A. GILMAN, I am the father of an Air Force pilot, Lt. decades of uncertainty MIA families have ex- Rayburn House Office Building, Washington, Col. Earl P. Hopper, Jr. who became Missing perienced in the past. We believe the process DC. in Action in North Vietnam on 10 January is not excessively complex, and does not cre- DEAR CONGRESSMAN GILMAN: We, as Veter- 1968—27 years ago this day. Statements of pi- ate undue burdens upon the Department of ans of the Armed Forces of the United States lots who were escorting him and his crippled Defense. Most importantly, families would of America, realize the importance and the aircraft out of North Vietnam towards Laos know what to expect and would be spared immediate need for ‘‘The Missing Service verify that he safely ejected from his air- years of turmoil and pain. Personnel Act,’’ which is long over due. craft and was alive when he reached the E 370 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 ground. There is other information to sup- of the great volume of intelligence available status needs to be approved. Please feel free port the fact that my son survived his inci- to—and presented to—the Review Boards be- to share the Live POW Lobby of America’s dent and was captured to become a Prisoner fore and during these individual hearings. views with other Congressmen and Senators, of War. In fact, a three-man Commission of Your bill, The Missing Service Personnel so that they might take our views into con- the Department of Justice reviewed my son’s Act, allows all of the direct next of kin, sideration in support of this bill. case in 1982 and ruled that he was captured wives, mothers, fathers, brothers, sisters, Sincerely, and was a Prisoner of War based upon infor- sons, and daughters the rightful access to MICHAEL VAN ATTA, mation provided by it by the United States government information and intelligence Chairman. Air Force and other Government agencies. which it receives on their respective loved I gave 30 years of my life to my country in one. This is only correct and logical since ALLENTOWN, PA, the United States Army. I am a veteran of each of the principal relatives has the right February 2, 1995. World War II, Korea and Vietnam. Until I be- to know and to receive information on their Hon. BENJAMIN A. GILMAN, came involved actively in the POW-MIA family member as well as the privilege—and U.S. House of Representatives, Rayburn House issue upon my retirement in November 1969, responsibility—to seek that knowledge. Office Building, Washington, DC. I had never witnessed the military services The bill also brings into line the protection DEAR REPRESENTATIVE GILMAN: Thank you nor the United States Government treat its of the civil rights of a military person equal for your support of the Missing Service Per- service men and women, and their families, to that provided to civilian citizens of the sonnel Act of 1995. I believe that this impor- in such a blatant—and openly perfidious— United States. The Missing Persons Act of tant legislation will greatly improve the manner as they have the Prisoners of War 1942 does not provide that protection, there- availability of information to the families of and Missing in Action of the Vietnam War. fore it is unconstitutional and must be our M.I.A.’s both in the past and in the fu- In February 1980 I represented my son be- changed. ture. fore a Status Review Hearing Board at Ran- I can safely say that this bill, and its coun- We, as a government, owe to our armed dolph Air Force Base, Texas. In order to rep- terpart in the United States Senate, would forces the knowledge that any and all infor- resent my son at this hearing, I had to pay be enthusiastically supported by a vast ma- mation on an M.I.A. will be communicated for the travel, meals and lodging for my ci- jority of the POW–MIA families. I also can to that person’s family. I urge you to please vilian attorney, my wife and myself. Across safely state that a large majority of the vet- bring this bill to the House floor for a vote the table I faced three Air Force Colonels, erans of this country would support these as soon as possible. each of whom had set on a minimum of Bills. Sincerely, twelve previous Status Review Boards. In Rescinding the old law and the passage of DAVID E. BEGLEY, each of the previous Status Review Board a new one by Congress would not only right U.S.M.C., Bien Hoa V.N. 1972. hearings in which these Colonels partici- a wrong which has hovered over the heads of pated, each of them voted in favor of chang- military personnel since 1942, but would also ing the man’s status from a living category provide an assurance that the rights of a GEOFFREY BRUEN, of Prisoner of War or Missing in Action to a serviceman or woman would be equal to that Easton, PA, February 1, 1995. deceased category of Killed in Action. Inter- granted to the civilian citizens of the United Hon. BENJAMIN A. GILMAN, estingly, in every status review case, none of States. U.S. House of Representatives, Rayburn House the Colonels ever voted to keep the man in a In view of the above, Congressman Gilman, Office Building, Washington, DC. POW-MIA status. In each of the hearings, in- again I strongly urge you to re-introduce DEAR REPRESENTATIVE GILMAN: It is with cluding my son’s, there was never any pres- The Missing Service Personnel Act in the great relief and pleasure that I write this entation of ‘‘proof of death’’ by the Air House of Representatives. short letter to you sir. Force. Respectfully, I want to thank you for being a champion In my son’s case, it is a matter of record EARL P. HOPPER, Sr., to our cause and supporting the ‘‘Missing that classified documents/information were Colonel, United States Army, Retired. Service Personnel Act of 1995’’. Without you provided to the three Board members, but and your help to introduce this important neither I nor my attorney were allowed to LIVE POW LOBBY OF AMERICA, bill, it might have gone by the wayside. see them. This was also true at those Status Stewartstown, PA, December 21, 1994. As a member of a Viet Nam Veterans Orga- Review Board hearings held by the other Re the Missing Service Personnel Act. nization in Pennsylvania, I would like to ex- branches of the service. tend our heartfelt thanks and gratitude on The ruse of the military services to have Representative BEN GILMAN (NY), Longworth HOB, Washington, DC. behalf of all of us. Status Review Board hearings was simply to God bless you. meet the minimal requirements set down by DEAR MR. GILMAN, I understand that you are prepared to introduce in 1995, The Miss- Sincerely yours, the First Federal District Court of New York GEOFFREY BRUEN. in 1975 when it ruled that the old Missing ing Service Personnel Act. My organization Persons Act of 1942 was unconstitutional— completely and 100% supports and induces both on its face and in the manner in which The Missing Service Personnel Act, as we are TASK FORCE OMEGA OF COLORADO, it was being implemented by the military a membership advocacy group, for a full ac- Colorado Springs, CO, January 31, 1995. services. The burden to prove a man is alive counting of the POWs, who were captured Hon. BENJAMIN A. GILMAN, rested upon the shoulders of the primary alive, but not released or accounted-for. Our Chairman, International Relations, Rayburn next of kin of the POW-MIA. There is no re- 3,000 members, all, have asked me to forward House Office Building, Washington, DC. quirement, under the old act, to force the this letter request to your help in changing DEAR CONGRESSMAN GILMAN: The member- military service to prove the individual is the way in which we declare dead the once ship of Task Force Omega of Colorado is dead before his status is changed to Killed in captured prisoner cases. made up of veterans, family members of Action. This action constitutes a procedure The 83 U.S. Senators signed a letter to the those still listed as missing in action during wherein an individual is legally dead but Postmaster General requesting that he have the Vietnam War, and concerned citizens. could very well be physically alive—a major a POW/MIA POSTAGE STAMP approved and Many of the members live in the Colorado violation of the individual Prisoner of War or issued by May 1995—Memorial day. And, sev- Springs area, home of the U.S. Air Force Missing Person’s civil rights. eral veterans groups, MIA family groups and Academy, Ft. Carson Army Base, Peterson Further, the old law does not provide the POW/MIA advocacy groups have asked that a Air Force Base and U.S. Space Command and next of kin the right to appeal an adverse POW/MIA POSTAGE STAMP be issued. the North American Air Defense Command ruling by the military services. This violates The current Administration and the De- (NORAD). the principle used in the civilian justice sys- partment of Defense have made the account- Your efforts introducing the ‘‘Missing tem, therefore the 1942 Act is prejudiced ing for the POW/MIA’s a matter of the High- Service Personnel Act’’ to the 104th Congress against the POW-MIAs (a living category) est National Priority and are committed to are most appreciated by all of us here. We and their next of kin. all efforts of show the American voters—that are proud of our men and women who cur- The manner in which the military services not all of the Americans who went missing, rently serve in the military and want to see have administered the Missing Persons Act are yet accounted-for. The Department of their rights protected, if ever any of them of 1942, and the Act itself, is arbitrary, capri- Defense employs over 250 people, who work goes missing in defense of our Country. cious and very biased against the missing full time on trying to find missing Ameri- The provisions of this piece of legislation Serviceman. In each case, without exception, cans, lost in wars. The Russians and Ameri- will guarantee them their individual rights the Status Review Boards have rec- cans have set up a task force that is working as members of this Nation’s military force ommended a change of status for each and to find missing Americans, who after cap- and as citizens of the United States of Amer- every one of the POWs and MIAs from the ture, ended up in the old Soviet Union. There ica. We applaud your diligence and express Vietnam War. (Note: One man was main- are about 2,200 from Vietnam, 8,100 from our gratitude for the work accomplished by tained in a POW status by the direction of Korea and 76,000 from WWII who are still you and your staff on this critical bill. the Secretary of the Air Force only for missing—all who have been declared dead Thank you, congressman Gilman. ‘‘symbolic’’ purposes after the review board under an old out dated process. To honor the Very truly yours, recommended a change in his status.) These price POWs paid for freedom and their coun- DAWN D. LINDSEY, decisions were made with complete disregard try, a more effective way of changing their Chairman. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 371 LOCAL GOVERNMENT LAW EN- Important provisions of this legislation in- CLARIFY THAT VETERANS’ FORCEMENT BLOCK GRANTS ACT clude: bringing family members into the review BENEFITS ARE TAX-EXEMPT OF 1995 process; giving families access to information gained during the investigation; and establish- HON. G.V. (SONNY) MONTGOMERY SPEECH OF ing a definite timeframe for the review proc- OF MISSISSIPPI HON. MARTIN R. HOKE ess. Families will know what to expect from IN THE HOUSE OF REPRESENTATIVES the process and would be spared years of OF OHIO Thursday, February 16, 1995 IN THE HOUSE OF REPRESENTATIVES waiting under this legislation. The evidence is clear that soldiers from past Mr. MONTGOMERY. Mr. Speaker, today I Tuesday, February 14, 1995 wars were declared dead when they were very am introducing H.R. 972 to clarify that veter- The House in Committee of the Whole much alive. This act will assure that our mili- ans benefits are not taxable. A number of House on the State of the Union had under tary personnel will be accounted for without members of the Committee on Veterans' Af- consideration the bill (H.R. 728) to control question. fairs have joined me as cosponsors of this leg- crime by providing law enforcement block islation. grants. There is strong bipartisan consensus in sup- port of this bill. I look forward to working with Mr. Speaker, as far as we know, veterans' Mr. HOKE. Mr. Chairman, my amendment benefits have never been subject to taxation, my colleagues in assuring that this legislation simply requires local governments to assess either at the Federal or the State level. We quickly becomes law. Finally, the hard work of the impact of school security measures, crime have long had laws which prohibited these prevention programs and juvenile crime pre- many fine people and veterans' groups have benefits from being taxed. However, over the vention programs funded under this bill, and to gone into creating this legislation. We should course of the last several years, some doubt submit their findings to the Bureau of Justice all be working for the welfare of the men and about the tax-exempt status of veterans' bene- Assistance. women in our armed services. By supporting fits has arisen. In 1992, the IRS Chief Coun- Much has been made of the effectiveness of this bill we are telling them that yes, the time sel's office concluded that some benefits might prevention programs, however, Mr. Chairman has come to answer the tough questions that be taxable under amendments made to the In- there is little empirical evidence of their effect the families of missing members of the Armed ternal Revenue Code in 1986. on crime. This amendment provides a mecha- Forces face every day. To its credit, this administration responded nism by which Congress can assess such pro- to this possibility by proposing that new lan- f grams and make more informed decisions in guage be enacted exempting all veterans' future crime legislation. TRIBUTE TO COL. ALBERT S. benefits and allowance from taxation. The While opponents might argue that this is an- Subcommittee on Select Revenue Measures WYNOT other unfunded mandate, I believe that the of the Committee on Ways and Means re- legislative language is broad enough to as- ceived favorable testimony on a proposal suage these fears. By merely requiring that lo- which I introduced last Congress, H.R. 786, calities have an adequate process, the HON. JOHN JOSEPH MOAKLEY which would have done the same thing as the amendment provides wide latitude in carrying OF MASSACHUSETTS administration proposal. However, the commit- out this directive. tee failed to act on any technical tax bills last IN THE HOUSE OF REPRESENTATIVES I urge its adoption. Congress. AMENDMENT TO H.R. 728, AS REPORTED Thursday, February 16, 1995 I think that we should clear up any remain- OFFERED BY MR. HOKE OF OHIO ing confusion on this issue by enacting this Mr. MOAKLEY. Mr. Speaker, I rise to share Page 12, line 4, strike ‘‘and’’. legislation, and the administration has indi- with my colleagues some sad news from my Page 12, line 7, strike ‘‘101(a)(2).’’ and in- cated its support for my position in the past. sert ‘‘101(a)(2); and’’. district in Massachusetts. Retired Army Col. Since there is no tax now being collected on Page 12, after line 7, insert the following: Albert S. Wynot passed away on January 27, veterans' benefits, thee shouldn't be any reve- ‘‘(10) the unit of local government— 1995. Colonel Wynot, a resident of Walpole, nue loss from its enactment. I urge all my col- ‘‘(A) has an adequate process to assess the MA, served in the Army from 1938 until his re- impact of any enhancement of a school secu- leagues to support this measure. rity measure that is undertaken under sub- tirement in 1950, and then continued his serv- f paragraph (B) of section 101(a)(2), or any ice as a member of the Army reserves until crime prevention programs that are estab- 1980. A graduate of the Massachusetts Insti- BAN SMOKING ON INTERNATIONAL lished under subparagraphs (C) and (E) of tute of Technology [MIT], Colonel Wynot FLIGHTS section 101(a)(2), on the incidence of crime in fought in World War II with the 329th Engi- the geographic area where the enhancement neering Battalion and was intimately involved is undertaken or the program is established; HON. JAMES L. OBERSTAR ‘‘(B) will conduct such an assessment with in the planning and execution of the D-day in- OF MINNESOTA respect to each such enhancement or pro- vasion in Normandy on June 6, 1944. IN THE HOUSE OF REPRESENTATIVES gram; and Colonel Wynot was the proud recipient of Thursday, February 16, 1995 ‘‘(C) will submit an annual written assess- the Purple Heart, the Bronze Star, the Bronze ment report to the Director. Star Cluster, the American Defense Medal, Mr. OBERSTAR. Mr. Speaker, today I have f Distinguished Unit Medal, the Order of the introduced the Airliner Cabin Air Quality Act of French Army, and the United States Victory 1995, to prohibit smoking on international MISSING SERVICE PERSONNEL Medal. flights to and from the United States. Con- ACT I last saw Colonel Wynot during a district gress banned smoking on all domestic flights swing this fall when I visited him in the New of 6 hours or less in 1990. However, smoking HON. KAREN L. THURMAN Pond Village residences in Walpole, MA. Even is still legal on U.S. carriers on international flights. Most foreign carriers serving the U.S. OF FLORIDA then, during a question and answer session permit smoking as well. IN THE HOUSE OF REPRESENTATIVES that I hosted with the residents, Colonel Wynot To protect flight attendants and passengers, Thursday, February 16, 1995 had strong opinions about national issues I introduced similar legislation last yearÐH.R. Mrs. THURMAN. Mr. Speaker, because I ranging from the collapse of the Soviet Union 4495. The bill passed the House on October proudly display a POW/MIA flag outside my and its empire in Eastern Europe to the local 4, under Suspension of the Rules. The bill I in- office door, I am reminded on a daily basis of sludge issue in the town of Walpole. Colonel troduce today is identical in intent to the one the importance and immediate need for the Wynot loved debate and discussion and was, passed by the House last fall. Missing Service Personnel Act. This bill is long in every sense of the word, a colonel until the Briefly, the bill requires the Department of overdue. end. Transportation to issue regulations requiring This legislation will provide a procedure for I extend my sympathies to his wife Dorothy, U.S. and foreign air carriers to prohibit smok- handling the difficult question of how and his family and all of his friends and neighbors ing in passenger cabins and lavatories on when a member of the Armed Forces who is at New Pond Village. flights between points in the United States and considered missing in action can be declared foreign points, that is, the last point of depar- legally dead. ture prior to landing in the U.S., and the first E 372 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 point of arrival when leaving the U.S. Addition- nent sense to ban smoking on all flights, now, has again received recognition in the aero- ally, the bill would prohibit smoking in the to protect the health of flight attendants and nautical community for its extraordinary capa- cockpits of U.S. airliners. passengers alike. bilities. Mr. Speaker, this bill is extremely timely. Another year and a half can make a lot of The C±17 has been awarded the prestigious International flights between the United States difference in the lives of many, many, people. Collier Trophy, symbolizing the top aeronauti- and Canada are already smoke-free. Three I believe that airlines, as well as the vast ma- cal achievement of 1994. The trophy is award- U.S. carriers, Delta, American and Northwest, jority of their employees and passengers, will ed by the National Aeronautic Association offer nonsmoking flights on some international welcome enactment of this bill. [NAA] for ``the greatest achievement in aero- routes. Our Government is negotiating with f nautics or astronautics in America, the value others to arrange bilateral or multilateral smok- of which has been demonstrated by actual use ing bans. LOCAL GOVERNMENT LAW EN- The latest sign of progress came last FORCEMENT BLOCK GRANTS ACT in the previous year.'' month, when the Department of Transportation OF 1995 This award is yet another reaffirmation of the commitment to excellence on the part of gave the green light to eight airlinesÐsix U.S. SPEECH OF carriers and two foreignÐto discuss a mutual the dedicated craftsmen and women who ban on smoking on transatlantic flights without HON. JACK REED manufacture the C±17 at McDonnell Douglas' fear of antitrust action being taken against OF RHODE ISLAND plant in Long Beach, CA. These talented indi- them. Those airlines are American, Continen- IN THE HOUSE OF REPRESENTATIVES viduals, through their efforts, are directly con- tal, Northwest, Trans World, and United Air- Tuesday, February 14, 1995 tributing to the Nation's defenseÐas well as to lines, USAir, British Airways and KLM Royal the ability to provide humanitarian assistance The House in Committee of the Whole Dutch Airlines. House on the State of the Union had under to those in need throughout the world. Finally, the nations belonging to the Inter- consideration the bill (H.R. 728) to control The NAA, in announcing the award, said it national Civil Aviation Organization [ICAO], crime by providing law enforcement block was bestowed ``for designing, developing, test- which includes most countries, have agreed to grants. ing, producing and placing into service the C± end smoking on airlines by July 1996. Mr. REED. Mr. Chairman, I rise today to 17 Globemaster III whose performance and ef- With all these moves to ban smoking, why offer this amendment en bloc with my col- ficiency makes it the most versatile airlift air- is my bill needed? leagues; Mr. WYNN of Maryland, Mr. BALDACCI craft in aviation history.'' Simply, because relief can not come too fast of Maine, and Mr. SANDERS of Vermont. I have The C±17 has already demonstrated its tre- for flight attendants and passengers who with- shared it with my friends on the other side of mendous value, and it will continue to do so out my bill will have to fly for another year and the aisle, and I believe it has their support. a half in those cabins where smoking is still well into the 21st century. I am proud to rep- This issue was recently brought to my atten- resent the district in which it is built. permitted. tion by Colonel Culhane, chief of Rhode Is- Flight attendants assigned to long inter- At this point in the Record, I would like to land's State Police, who told me that State law include a McDonnell Douglas news release national smoking flights are forced to spend enforcement agencies would not be eligible to telling of the award and outlining some of the their working lives in smoke-filled galleys at receive any of the funding earmarked for po- extraordinary capabilities of this remarkable the back of aircraft. At hearings the Sub- lice in cities and towns. Yet, Mr. Speaker, the committee on Aviation held last year, flight at- State police provide many of the small and aircraft. tendant representatives detailed ailments rural towns in New England, including Ver- The news release follows: which they and their colleagues incur in the mont and Maine, with critical police protection. C–17 WINS COLLIER TROPHY small, enclosed, smoke-filled cabin environ- For example, in Exeter, RI, a small town in ment. They described health problems ranging LONG BEACH CA., February 15, 1995.—The my district, there is no local police force. U.S. Air Force/McDonnell Douglas C–17 from eye, nose and throat irritation, headache, When a person dials 911, the State police re- Globemaster III transport has been awarded nausea, dizziness, blurred vision, shortness of ceive the phone call, and State officers re- the prestigious Collier Trophy, symbolizing breath, and heart palpitations to permanent spond. In other towns like Richmond, RI, the the top aeronautical achievement of 1994. disability and even death for the occupational local government cannot afford to operate a The trophy, established in 1911, is awarded hazards of their jobs in airplanes. Nonsmoking police force 24-hours a day, and the State po- each year by the National Aeronautic Asso- flight attendants are suffering and dying from lice are called upon to fill the void. ciation (NAA) for ‘‘the greatest achievement diseases common to smokersÐthe penalty of Under current law, State police forces are in aeronautics or astronautics in America, an honest day's work. eligible for COPS and prevention grant pro- the value of which has been demonstrated by Equally unacceptable is the plight of chil- grams. According to the Justice Department, actual use in the previous year.’’ dren stuck in the smoking section with their several State police agencies, including the The NAA said the award was bestowed ‘‘for parents. And businessmen who must be at Maine State Police, have applied for and re- designing, developing, testing, producing and placing into service the C–17 Globemaster III their peak when they arrive at their destina- ceived COPS funding. tion, but stagger off, jet-lagged and debilitated whose performance and efficiency make it We ought to be consistent in making these the most versatile airlift aircraft in aviation by smoke-caused allergies and sensitivities. funds available for all law enforcement agen- And pleasure travelers whose vacations are history.’’ cies that provide protection to our cities and Named as recipients of the 1994 Collier Tro- ruined by smoke-induced illnesses. And the towns. That is what my amendment would do. millions of nonsmoking passengers who can- phy were the U.S. Air Force, McDonnell My amendment would restore eligibility for Douglas Corporation, and the C–17 industrial not really get away from the smoke, no matter those State agencies that perform the same team of subcontractors and suppliers. The C– where they sit in the airplane. role as the local police departments that are 17 was nominated for the award by the Air This bill is also needed from a safety stand- eligible to receive funds under the block grant. Force Association (AFA). point. At our hearing, flight attendant wit- It would give State law enforcement agencies ‘‘We are highly honored that the C–17 has nesses showed us photographs of cigarette a fair shake at getting the funding they de- been selected by the NAA for this most fa- butts all over the floor of the airplane. They serve. mous of all aviation awards,’’ said Harry testified to passengers falling asleep in their Although this amendment does not solve Stonecipher, McDonnell Douglas president seats, dropping lighted cigarettes on the floor. the problem completely, I believe it is a step and chief executive officer. ‘‘This honor rec- More than one attendant has thrown coffee on ognizes the dedication and commitment at in the right direction, and I hope to continue to a smoldering butt to escape the horror of an our company and its employees—along with work with Mr. MCCOLLUM as this bill goes to in-flight fire. our supplier teammates—in designing, pro- conference. Mr. Speaker, I am very pleased that airlines ducing and delivering to the Air Force the have decided to take dramatic action on their f best military transport plane ever built.’’ In its nomination, the AFA cited the own. In banning smoking they have shown C–17 WINS COLLIER TROPHY great courage, and I believe will be rewarded McDonnell Douglas C–17 as ‘‘the linchpin air- with increased passengers. And I commend lift modernization’’ and said that it ‘‘dem- HON. STEPHEN HORN onstrated in 1994 that it had the versatility the Department of Transportation for granting OF CALIFORNIA them antitrust immunity to discuss the issue. I IN THE HOUSE OF REPRESENTATIVES believe these airlines, and others, would like to go farther than ban smoking on all routes Thursday, February 16, 1995 and flights. They cannot, in some cases, for Mr. HORN. Mr. Speaker, the McDonnell competitive reasons. Therefore it makes emi- Douglas C±17 Globemaster III transport plane February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 373 to create a new era in military airlift.’’ AFA loves people and makes friends easily. When- lives of many. We salute her for her dedication pointed out that the C–17 landed four times ever he walks into any of his favorite haunts, and commitment. I want to share with my col- the payload of the C–130 into less than 3,000 he is greeted by a chorus of ``Hi, Bill!'' He is leagues the article regarding Mrs. Bolden feet of runway and carried large Army equip- ment only the large C–5 could carry. especially proud of his 7-year old grand- which appeared in the Plain Dealer. I ask While approximately the same external daughter, Laura, who will celebrate with him them to join me in paying tribute to this excep- size of the C–141B, the C–17 carries twice the this weekend. tional individual. payload. It also exceeded ‘‘demanding reli- Mr. Speaker, I know my colleagues join me f ability and maintainability standards during in wishing Bill Joyce a very happy birthday an intensive two week test period in Novem- and many more to come. FIGHT CUTS IN STUDENT ber 1994,’’ AFA said. f FINANCIAL AID ‘‘These remarkable achievements prove that the C–17 is the world’s most versatile A SPECIAL SALUTE TO MARTHA E. airlift aircraft and will be the new core BOLDEN: CELEBRATING A LIFE HON. PATRICIA SCHROEDER airlifter to support the U.S. national secu- OF ACTIVISM OF COLORADO rity needs in war and peace,’’ the association IN THE HOUSE OF REPRESENTATIVES said. The first test flight of the C–17 was on HON. LOUIS STOKES Thursday, February 16, 1995 Sept. 15, 1991. The C–17’s developmental OF OHIO Mrs. SCHROEDER. Mr. Speaker, I urge my flight test program was completed in Decem- IN THE HOUSE OF REPRESENTATIVES colleagues to take note of the article in the ber 1994 as scheduled. Eight production C–17s were delivered to Thursday, February 16, 1995 February 15, 1995, Washington Post entitled, ``College Students Spending More Time Earn- the Air Force in 1994, the last five ahead of Mr. STOKES. Mr. Speaker, I take pride in ing Than Learning.'' I include a copy of the ar- schedule. A total of 18 C–17s have been deliv- rising today to salute a resident of my Con- ered to the Air Force to date. ticle for the RECORD. gressional District, Mrs. Martha E. Bolden, The McDonnell Douglas C–17 is the only At a time when education is more necessary who was recently profiled in the Plain Dealer transport aircraft in the world that can pro- than ever to compete for good jobs, financial newspaper. In the article which is entitled, vide direct, long-distance delivery of large aid is failing to keep pace with steadily rising combat equipment and troops, or humani- ``Four Score and Ten: A Life of Activism,'' the college costs. As a result, an increasing num- tarian aid, across intercontinental distances reporter explores the life of this outstanding in- ber of students are forced to work more. While and land at small, unimproved airstrips. It dividual and her contributions to our city. Mrs. a certain amount of work can be valuable, as offers strategic and theater lift, and is the Bolden is well known for her commitment to the article points out, it also can detract from only aircraft that can airdrop large armored improving the lives of others. I want to share vehicles and engineering equipment. studies and drag out the time it takes to com- with my colleagues and the Nation some infor- The first production aircraft delivered to plete an education, at additional expense to mation regarding this outstanding individual. an operational unit arrived at the 437th Air- the students and their parents. Mrs. Bolden was the operator of a beauty lift Wing, Charleston AFB, S.C., on June 14, Now comes the Republicans, saying they 1993. The unit’s first squadron of 12 C–17s shop in Mobile, AL, during the 1930's when want to eliminate the government subsidy for were declared ready for worldwide operations she was encouraged to vote because she was interest on tuition loans while students are in in January 1995. To date, the C–17 a business owner. Her $200 poll tax fee was college, which would burden students and Globermaster III fleet has accumulated 10,000 paid by one of the city's black physicians. In their families with additional debt. flying hours. order to register to vote, Mrs. Bolden was also Republicans also say they want to either f required to memorize the Seventh Amendment abolish direct lending or limit it. Meanwhile, I to the Constitution. With determination, she TRIBUTE TO WILLIAM P. JOYCE, have students telling me they love the pro- overcame this obstacle and became a reg- SR. gram because it cuts out the middlemen, de- istered voter, achieving celebrity status in the livers the money fast and helps prevent de- black community. This action and determina- HON. JOSEPH P. KENNEDY II faults. Under guaranteed student loans, stu- tion on the part of Martha Bolden represented OF MASSACHUSETTS dents have a hard time keeping track of which the beginning of a lifetime of activism. IN THE HOUSE OF REPRESENTATIVES bank owns their loan this week. Republican ef- Mr. Speaker, Mrs. Bolden moved to Cleve- forts in this area fly in the face of their rhetoric Thursday, February 16, 1995 land, OH, in 1953. Over the years, the Cleve- about listening to the grassroots and simplify- Mr. KENNEDY of Massachusetts. Mr. land community has benefited greatly from her ing bureaucracy. They seem to be listening to Speaker, this weekend a native of my home strong leadership. Upon arriving in Cleveland, the bankers and loan guarantors instead of city of Boston, Mr. William P. ``Bill'' Joyce, Mrs. Bolden immediately became active in the the middle class. marks a special milestone in his life as he Hough community, encouraging her neighbors [From the Washington Post, Feb. 15, 1995] celebrates his 80th birthday with family and to vote and work in political campaigns. When friends. riots destroyed city neighborhoods in the mid- COLLEGE STUDENTS SPENDING MORE TIME EARNING THAN LEARNING One of six children, Mr. Joyce graduated 1960's, Mrs. Bolden was instrumental in help- from South Boston High School and went on ing to rebuild the city. She was a founding (By Fern Shen) to study at Boston University. He was devoted member of the Hough Area Development Steve Long started school at the Univer- to his wife, Joanna, whose tragic loss at an Corp., which was one of the first community- sity of Maryland in College Park with an ambitious, 17-credit course load and a goal of early age left him with a young son to raise based development corporations in the coun- graduating in less than four years. alone. He faced the challenges that life pre- try. The organization played a key role in revi- The Richmond native never imagined that sented him with great courage and determina- talizing the neighborhood, including the devel- he would have to spend so much time work- tion, and today his son, Bill, Jr., serves as a opment of shopping facilities and housing es- ing—cataloguing books at the school library, special assistant U.S. attorney. tates for residents. writing tickets in campus parking lots, driv- Mr. Joyce moved to Washington, DC in the Mr. Speaker, I am proud to salute Martha ing campus shuttle buses—that it would take early 1960's, during the Kennedy administra- Bolden on the House Floor today. I can recall him seven years to get his bachelor’s degree. tion. Proud of his Irish and south Boston roots, that she was one of my first clients when I ‘‘It got so bad one semester that I had to drop out of all my classes. I was working 30 he made many friends and found abundant began practicing law in Cleveland. As an attor- hours a week driving the bus and taking five compatriots here during that era. In recent ney, I represented her when she purchased classes,’’ said Long, 25, a full-time shuttle years, he had the privilege of escorting the her home in the city. I also recall that Mrs. bus supervisor and part-time student who Grand Marshal of the St. Patrick's Day Parade Bolden was an active worker in my political hopes to graduate this year with a degree in in Washington. Trained as a certified public campaigns. At the age of 90, she is still politi- government and politics. ‘‘It’s tough. I accountant, his long career included service in cally involved as one of the ``101 Women for learned you can work so hard to pay for both the government and the private sector. Stokes.'' school that you don’t do well in school.’’ Although he retired from the Armed Forces In- Mr. Speaker, Martha E. Bolden is a hero to During the last decade, the number of stu- dents working on and off campus has stead- stitute of Pathology in recent years, he now many, and an inspiration to all of us. Through- ily increased, a stark contrast to the stereo- volunteers his time at the Touchdown Club in out her life, she has given unselfishly of her type of today’s twentysomethings as latte- Washington, where he is an active member. time and talent in an effort to make our city sipping slackers. In Boston and Washington, Mr. Joyce is better and empower the community. Her politi- And according to students and college offi- known as a generous, outgoing man who cal activism has made the difference in the cials in the Washington area and nationwide, E 374 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 an increasing number of students are work- she first came to the college, she worked as and they’re going to have that expense,’’ ing more hours, often holding down two and many as three jobs, including a stint as a Spevak said. even three jobs because they must make telemarketer. Her grades dipped, ‘‘and I be- Will she be able to keep up that pace and money while pursuing college credits. came this massive introvert.’’ finish in four years? Spevak said she hopes Figures from the U.S. Bureau of Labor Sta- ‘‘In high school, I graduated with a 3.5 to, but perpetual sleep-deprivation and gra- tistics show a significant increase in the pro- [grade-point] average, and I was involved in nola-bar suppers sometimes get her down. portion of full-time college students ages 16 all these clubs,’’ she said. ‘‘Coming here, I Hers is the kind of situation that worries to 24 who work, from 35 percent in 1972 to 51 really had to learn how to manage my time. school officials. percent in 1993. Full-time students now work I go to sleep earlier than most people’s ‘‘I know they need that paycheck,’’ said an average of 25 hours a week. grandparents.’’ John van Brunt, who directs the student The reasons for the rise are varied, but The student employment picture has counseling center. ‘‘I know they’ve got to most observers blame the way tuition in- changed so much in recent years that stu- work, but if it undercuts their whole experi- creases have outpaced inflation while finan- dents laugh when they learn that school ence of school, what’s the point?’’ cial aid, loans and grants have become more counselors traditionally recommend that f difficult to obtain. students seek career-related (but lower-pay- ing) internships and limit their work to 20 ‘‘We have shifted so much of the financial JAMES P. GRANT burden to students [who] know they have to hours a week. get that degree, that college is a life pre- ‘‘Yeah, right—do they also ‘recommend’ server, the difference between a comfortable that I eat nothing but Minute Rice and rob HON. ANDREW JACOBS, JR. life and a considerably rougher one,’’ said banks?’’ asked Jason Putnam, 21, a full-time Rick Kincaid, coordinator of student em- student at College Park, as he stocked the OF INDIANA ployment at the State University of New shelves of a College Park liquor store. Be- IN THE HOUSE OF REPRESENTATIVES York at Brockport and editor of the Journal tween that job and a side enterprise, doing of Student Employment. ‘‘So they work, and automotive repairs for students, he figures Thursday, February 16, 1995 they struggle to do it all. It’s really pretty he works 30 hours a week. Mr. JACOBS. Mr. Speaker, the world has grim.’’ At College Park, there were so many com- plaints last year about how jobs were inter- lost one of the noblest of God's noblemen, The trend has extended the time it takes James P. Grant, executive director of UNICEF students to obtain their degrees. It also has fering with academics, prolonging college ca- fueled fears among college administrators reers and making students’ lives miserable, until his untimely death on January 28. that students’s academic and personal lives that President William E. Kirwan ordered a UNICEF, I dare say, is the least controver- are suffering, though there is contradictory committee to study the problem. sial of all United Nations functions. There are evidence on whether and how much grades ‘‘I see it all the time,’’ said committee many religions represented in the United Na- fall when students work. member Barbara Jacoby, director of com- tions but none is represented better than the muter affairs and community service pro- College presidents are using work statis- Sermon on the Mount when it comes to tics to buttress their pleas to Congress grams. ‘‘I teach French from 2 to 4 on Tues- days and Thursdays, and last semester this UNICEF. All thoughtful Americans will mourn against cutting student loan funding. the passing of Mr. Grant. ‘‘If we don’t sustain the current aid pro- student came to me and said she needed to leave at 3:45 because it took her that long to gram, students are going to have to work f get across campus to her car and make it in even more hours, and they’ll be more likely time for her shift at the restaurant at 4:30. to drop to part-time or just drop out,’’ said CROATIA ACTS TO REINVIGORATE ‘‘This priority is just wrong. It’s the kind David L. Warren, president of the National of thing that really raises faculty ire,’’ PEACE PROCESS Association of Independent Colleges and Uni- Jacoby said. versities. As a result of the study, the school is cre- Jeff Blundin, 23, a full-time student at Col- ating a Student Employment Center de- HON. GEORGE P. RADANOVICH lege Park who works 40 hours a week, said he signed in part to advocate for students with OF CALIFORNIA recently had to financially ‘‘cut myself off off-campus jobs. The center might persuade IN THE HOUSE OF REPRESENTATIVES from my parents so I could qualify for a employers, for instance, to adjust students’ loan.’’ hours to coordinate better with class sched- Thursday, February 16, 1995 Blundin attends classes during the day, ules and the academic calendar. Mr. RADANOVICH. Mr. Speaker, on De- and at 5 p.m., he puts on a green apron and Acknowledging those problems represents waits on tables at a restaurant in a nearby a change for college administrators, who cember 11, 1991, in response to Serbian ag- shopping center. After finishing his shift have been arguing for years that holding gressions against the neighboring Republic of about midnight, he comes home to read, down a job during college enhances students’ Croatia resulting in Serbian occupation of one study and write papers. On Saturdays, he character, academic progress and future job quarter of Croatia, the international community often works double shifts. marketability. put forward the Vance plan, a framework to ‘‘I know my grades would be better if I ‘‘Yes, students are working for the money, could stop working, but I just don’t have work toward peace in the region. Since that but they get so much more out of it. They time, more than 3 years ago, Croatia has con- that luxury,’’ said Blundin, who said he came ´ ´ learn job skills, improve their resumes, learn tinuously cooperated with the United Nations to college resigned to the prospect of work- how to budget their time,’’ said Dennis Cha- ing long hours to pay for tuition, rent, books vez, director of the student employment pro- and, along with Bosnia, has accepted numer- and other expenses. As for maintaining a so- gram at Cornell University. In 1992, Chavez ous peace initiatives. The Serbian side, on the cial life or strolling under the elms discuss- conducted a study of 4,500 students at 18 col- other hand, has rejected repeated offers of ing philosophy, Blundin said dryly, ‘‘That leges and universities and found little dif- peace and remains recalcitrant in progress to- would be great, but college hasn’t been like ference in the grades of working and non- ward further peaceful negotiations. that for a long time.’’ working students. Kincaid said he’d seen Many parents ‘‘start out planning to pay The Vance plan, confirmed by U.N. Resolu- studies ‘‘that found that if a student gets a tion 724 and 740, had six major goals: First, for college but lose their jobs, and then they job, the first thing they reduce is the hours just can’t do it,’’ said Patricia T. van der spent watching TV.’’ the cessation of hostilities and demilitarization Vorm, executive director of the Career Cen- University of Maryland officials agree that of regions where military conflict had taken ter at American University. work is valuable, but they are trying to bal- place; second, the withdrawal of the Yugoslav Yomphana Adams, 20, a University of ance school and work demands and to steer Army from Croatia; third, the maintenance of Maryland student, said her family recently students toward fewer hours and more on- public order by supervision of local police had just such a ‘‘run of bad luck,’’ Her step- campus and career-related jobs. made up based on prewar ethnic percentages; father lost his job as an air traffic controller Many students there and at other U.S. col- fourth, the protection of minorities in these at Andrews Air Force Base, and her mother, leges are taking advantage of programs in who has poor English skills, also lost a man- which their salaries from campus jobs are areas; fifth, the placement of military observ- ual labor job recently because her employer credited directly to their college tuition ac- ers along Croatia's border with Bosnia and moved, she said. counts. Lori Spevak, for instance, whose Herzegovina; and sixth, the facilitation of the Adams, like Blundin, has cut herself off fi- family income makes her ineligible for return of displaced persons and refugees. Pur- nancially from her parents in hopes of quali- loans, is paying her $1,700-a-semester tuition suant to the Vance plan, the United Nation fying for loans. primarily out of her 16-hour-a-week job driv- created protection areas [UNPA's] in Serb-oc- ‘‘It’s a gigantic Catch-22: Either you don’t ing a shuttle bus. One night a week, she cupied areas of Croatia, and introduced a pro- have enough money to make it or you make doesn’t sleep, working the graveyard shift. the money but then your grades stink,’’ said The 19-year-old sophomore from Bowie also tection force [UNPROFOR] in those UNPA's in Adams, who takes four classes, works 22 works 20 to 25 hours selling musical instru- order to carry out the objectives of the Vance hours a week at the information desk at the ments and sheet music at a Bowie store. plan and reestablish peace in the region. student center and rises at 5 a.m. to catch a ‘‘I’m doing it right now to give my parents During the more than 3 years since the in- train to College Park from Baltimore. When a break. My sister will be starting school, stitution of the Vance plan, the Republic of February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 375 Croatia has renewed and extended the origi- support of Serbs occupying parts of Croatia. Mr. Chairman, this is a common sense nal 12-month mandate seven separate times. That makes it more likely that Serbia’s amendment. Local units of government should While some sort of public order has been President Milosevic will be compelled to not benefit financiallyÐat the expense of other maintained and the Yugoslav Army has par- work with the international community and Croatia to reach a negotiated settlement re- localitiesÐfor inaccurately reported crime tially departed, the UNPA's have not been de- garding Crotia’s occupied territories. data. militarized. Heavily armed Serbian paramilitary It is clear that UNPROFOR is not a real Thank you, Mr. Chairman, for allowing me units remain, the local non-Serbian population deterrent to war, in Croatia or in Bosnia and to explain my amendment. I urge its adoption. continues to be expelled and in some cases Herzegovina. If Crotia were indeed intent on AMENDMENT TO H.R. 728, AS REPORTED, killed, and it has not been possible for a single reintegrating its occupied territories by OFFERED BY MR. HOKE OF OHIO force, it could have done so already. displaced person to return to these areas. Ac- Page 18, strike line 23 through ‘‘poses’’ on Croatia is further convinced that solving cording to the 1991 census, there were line 24, and insert the following: the problem of its occupied territories first 261,942 non-Serbs in the UNPA's. Since the ‘‘(c) UNAVAILABILITY AND INACCURACY OF can greatly improve the chances of a settle- arrival of UNPROFOR at least 39,000 non- INFORMATION.— ment in Bosnia along with the lines of the ‘‘(1) DATA FOR STATES.—For purposes’’. Serbs have been forced to flee, 347 have internationally-accepted Contact Group pro- Page 19, after line 4, add the following new been killed, 26 women raped, and 1,618 tor- posals. Here’s why: A strong, reintegrated paragraph: tured at the hands of the Serbian occupiers. Croatia can better assist the Bosnian govern- ‘‘(2) POSSIBLE INACCURACY OF DATA FOR This is an intolerable situation. ment through the Federation of Bosnian UNITS OF LOCAL GOVERNMENT.—In addition to Muslims and Bosnian Croats, thus forging a With the intransigence of the Serbs to en- the provisions of paragraph (1), if the Direc- more effective balance of power in the re- gage in serious discussions of peace, Crotia's tor believes that the reported rate of part 1 gion. mandate renewals have amounted to no less violent crimes for a unit of local government Additionally, without having to maintain than tacit U.N. support for the indefinite contin- is inaccurate, the Director shall— a 15,000-troop presence in Croatia, ued Serb occupation of Croatian lands seized ‘‘(A) investigate the methodology used by UNPROFOR can transfer resources to Bosnia such unit to determine the accuracy of the by aggression. In real terms, the positive eco- and Herzegovina, where they are badly need- submitted data; and nomic contributions of the U.N. presence in ed. U.N. Secretary General Boutros-Boutros ‘‘(B) when necessary, use the best available the occupied territories have actually provided Ghali has recently called for an additional comparable data regarding the number of support for the Serbian occupiers and proven 7,000 UNPROFOR troops for Bosnia. He is un- violent crimes for such years for such unit of likely to meet that need without tapping ex- a major hindrance to forcing the Serbs to the local government. negotiating table. isting U.N. assets. In this light, I ask my colleagues to review There are risks associated with our deci- f Croatia's U.N. Ambassador Nobilo's discus- sion regarding UNPROFOR. But Mr. Milosevic and his dependents in Croatia’s oc- PERSONAL EXPLANATION sion reprinted below about Croatia's refusal to cupied territories have used U.N. soldiers as renew the UNPROFOR an eighth time, and in- a buffer to reaching an expeditious settle- vite Members to take a good hard look at ment of a situation which could go unsolved HON. KAREN L. THURMAN some of the causes of the deadlock and suf- for years to come under the current cir- OF FLORIDA fering which Crotia and Bosnia and cumstances. Croatia views such a statement IN THE HOUSE OF REPRESENTATIVES Herzegovina have endured for too long. More- as far more dangerous than taking a prag- over, my colleagues, this action by the matic, albeit dramatic, action that we are Thursday, February 16, 1995 Coratian Government is completely supported confident will result in an accelerated peace in the entire region of southeastern Europe. Mrs. THURMAN. Mr. Speaker, during rollcall by the Croatian people as evidenced by two vote No. 138 on H.R. 7, I was unavoidably de- f resolutions by the Croatian Parliament author- tained. Had I been present I would have voted izing the Government's decision and a third LOCAL GOVERNMENT LAW EN- ``no.'' binding the Government to this course. FORCEMENT BLOCK GRANTS ACT f [From the Washington Post, Feb. 3, 1995] OF 1995 CROATIA’S MOVE TOWARD PEACE SUMMARY OF RULES COMMITTEE (By Mario Nobilo, Croatian Ambassador to SPEECH OF VOTES the U.N.) Last month, the Republic of Croatia de- HON. MARTIN R. HOKE cided to terminate the mandate of the Unit- OF OHIO HON. JOHN JOSEPH MOAKLEY IN THE HOUSE OF REPRESENTATIVES ed Nations Protection Force (UNPROFOR) in OF MASSACHUSETTS the occupied territories of Croatia. The deci- Tuesday, February 14, 1995 sion is designed to reinvigorate the negotiat- IN THE HOUSE OF REPRESENTATIVES ing process and to reach a peaceful settle- The House in Committee of the Whole Thursday, February 16, 1995 ment of the territories, which are inter- House on the State of the Union had under nationally-recognized as part of Croatia but consideration the bill (H.R. 728) to control Mr. MOAKLEY. Mr. Speaker, on January 4, illegally occupied by Serbia, with the co- crime by providing law enforcement block 1995, the House adopted a new rule, clause operation of local Serbs. grants. 2(l)(2)(B) of rule XI, which requires that com- Contrary to the views held by some, in- Mr. HOKE. Mr. Chairman, my amendment is mittee reports on any bill or other matter in- cluding speculation in The Post’s editorial of designed to address the problem of inaccurate clude the names of those voting for and Jan. 18 (‘‘Another Balkan War?’’) Croatia did reporting of crime statistics. against on rollcall votes taken on any amend- not take this action in order to pursue war with the local Serbs or their patrons in Bel- We all know that many localities do not ment and on the motion to report. During con- grade. Our objectives are the exact opposite. make crime data gathering a top priority. How- sideration of the rule on the first day of the The departure of UNPROFOR will shift the ever, under this bill their financial award will 104th Congress, an explanation included in total cost of Serbian occupation from the be based on their reported data. I am sure we the CONGRESSIONAL RECORD by Chairman international community to the Belgrade all agree on the importance of making sure SOLOMON states: government. The $1 billion per year cost of accurate data is used when the Bureau of It is the intent of this rule to provide for maintaining UNPROFOR in Croatia has es- Justice Assistance calculates awards. greater accountability for record votes in sentially become an ‘‘occupation fee’’ paid My amendment states that if the director of committees and to make such votes easily by U.N. member nations, including the Unit- available to the public in committee reports. ed States, which itself contributes about $300 the Bureau of Justice Assistance believes that the reported rate of violent crimes for a local At present, under clause 2(e)(1) of rule XI, million. the public can only inspect rollcall votes on The presence of UNPROFOR provides the unit of government is inaccurate, he must in- matters in the offices of the committee. It is occupying forces with economic sustenance vestigate the methodology used by the locality anticipated that with the availability of through a continued stream of hard cur- to determine the accuracy of the submitted committee reports to the public through rency, through aid deliveries, through data. If he determines that the submitted data electronic form the listing of votes in reports UNPROFOR-paid rents, through fuel is inaccurateÐfor whatever reasonÐhe is to will be more bill-specific than earlier propos- brokering, and through infrastructure main- use the best comparable data available in- als to publish all votes in the CONGRESSIONAL tenance and development. UNPROFOR is RECORD twice a year. probably the largest employer in the occu- stead. pied territories. The amendment places no additional bur- Upon examining the Rules Committee report Because Serbia is weakened from the effect den on the localities and gives the director the to accompany House Resolution 44, the rule of international sanctions, it cannot afford discretion to determine which cases deserve for House Joint Resolution 1Ðbalanced budg- to fund both its activities in Bosnia and its investigation. et constitutional amendment, I found it lacking E 376 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 in the type of information which I believe is Measure: Rule for H.J. Res. 1, Balanced Results: Rejected, 4 to 9. vital for public understanding of what the Budget Amendment. Vote by Member: Quillen—Nay; Dreier— members of the committee were actually vot- Motion By: Mr. Beilenson. Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Summary of Motion: Make in order the Diaz-Balart—Nay; McInnis—Nay; ing on. The report under the heading of ``sum- Franks of (NJ) amendment No. 7, prohibiting Waldholtz—Nay; Moakley—Yea; Beilenson— mary of motion'' gives so limited an account unfunded mandates, printed in the Record of Yea; Frost—Yea; Hall—Yea; Solomon—Nay. as to be almost meaningless. While the rule January 19, 1995. RULES COMMITTEE ROLLCALL NO. 18 does not explicitly require the report to contain Results: Rejected, 4 to 9. Date: January 24, 1995. Vote by Member: Quillen—Nay; Dreier— a description of the motion and amendment Measure: Rules for H.J. Res. 1, Balanced Nay; Goss—Nay; Linder—Nay; Pryce—Nay; being offered, the intent of better informing the Budget Amendment. Diaz-Balart—Nay; McInnis—Nay; public seems to have been lost. The lack of Motion By: Mr. Hall. Waldholtz—Nay; Moakley—Yea; Beilenson— information will force the public to search in Summary of Motion: Make in order the Yea; Frost—Yea; Hall—Yea; Solomon—Nay. other publications for information vital to un- Hilliard amendments No. 30 and No. 31 print- derstanding what the issue is for which the RULES COMMITTEE ROLLCALL NO. 13 ed in the Record of January 20, 1995. Amend- votes are being cast. There is no way that the Date: January 24, 1995 ment No. 30 protects Civil Rights Act of 1964 public, unless present at the Rules Committee Measure: Rule for H.J. Res. 1, Balanced and Americans with Disabilities Act of 1990. Budget Amendment. Amendment No. 31 protects Aid to Families markup, could understand what, for example, Motion By: Mr. Beilenson. with Dependent Children. ``Make in order Frank amendment No. 27 from Summary of Motion: Make in order the Results: Rejected, 4 to 9. Record'' means without going to the Rules Hoke amendment No. 8, requiring 3⁄5 vote on Vote by Member: Quillen—Nay; Dreier— Committee transcript or other informational raising debt limit or tax revenues, printed in Nay; Goss—Nay; Linder—Nay; Pryce—Nay; sources such as the CONGRESSIONAL RECORD. the Record of January 19, 1995. Diaz-Balart—Nay; McInnis—Nay; How would anyone know which CONGRES- Results: Rejected, 4 to 9. Waldholtz—Nay; Moakley—Yea; Beilenson— SIONAL RECORD the amendment was printed Vote by Member: Quillen—Nay; Dreier— Yea; Frost—Yea; Hall—Yea; Solomon—Nay. in? There is no date indicated. Also, the public Nay; Goss—Nay-Pryce—Nay; Linder—Nay; RULES COMMITTEE ROLLCALL NO. 19 Balart—Nay; McInnis—Nay; Waldholtz—Nay; Date: January 24, 1995. would never know from the report that the Moakley—Yea; Beilenson—Yea; Frost—Yea; Measure: Rules for H.J. Res. 1, Balanced Frank amendment would protect Social Secu- Hall—Yea; Solomon—Nay. rity from cuts. The public would be better Budget Amendment. RULES COMMITTEE ROLLCALL NO. 14 served if adequate information were included Motion By: Mr. Hall. Date: January 24, 1995 Summary of Motion: Make in order the in the committee report. Measure: Rule for H.J. Res. 1, Balanced Foglietta amendment No. 28, requiring 3⁄5 With that in mind, I am, for the benefit of the Budget Amendment. vote to reduce funding for low-income public and the membership of this body, in- Motion By: Mr. Frost. health, education or employment programs, cluding the following summary of the rollcall Summary of Motion: Make in order the printed in the Record of January 20, 1995. votes which were taken in the Rules Commit- Istook amendments No. 10 and No. 32 printed Results: Rejected, 4 to 9. tee on January 24, 1995: in the Record of January 19, 1995 and Janu- Vote by Member: Quillen—Nay; Dreier— ary 20, 1995, respectively. Both amendments Nay; Goss—Nay; Linder—Nay; Pryce—Nay; COMMITTEE VOTES would sunset the 3⁄5 vote to increase revenues Diaz-Balart—Nay; McInnis—Nay; RULES COMMITTEE ROLLCALL NO. 9 after two years. Waldholtz—Nay; Moakley—Yea; Beilenson— Date: January 24, 1995. Results: Rejected, 4 to 9. Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Measure: Rule for H.J. Res. 1, Balanced Vote by Member: Quillen—Nay; Dreier— RULES COMMITTEE ROLLCALL NO. 20 Budget Amendment. Nay; Goss—Nay-Pryce—Nay; Diaz—Linder— Date: January 24, 1995. Motion By: Mr. Moakley. Nay; Balart—Nay; McInnis—Nay; Measure: Rule for H.J. Res. 1, Balanced Summary of Motion: To report an open Waldholtz—Nay; Moakley—Yea; Beilenson— Budget Amendment. rule. Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Motion By: Mr. Hall. Results: Rejected, 4 to 8. RULES COMMITTEER ROLLCALL NO. 15 Vote by Member: Quillen—Nay; Dreier— Summary of Motion: Make in order the 3 Nay; Goss—Nay; Linder—Not voting; Pryce— Date: January 24, 1995 Traficant amendment No. 43, requiring ⁄5 Nay; Diaz-Balart—Nay; McInnis—Nay; Measure: Rule for H.J. Res. 1, Balanced vote to reduce Social Security benefits, Waldholtz—Nay; Moakley—Yea; Beilenson— Budget Amendment. printed in the Record of January 20, 1995. Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Motion By: Mr. Frost. Results: Rejected, 4 to 9. Summary of Motion: Make in order the Vote by Member: Quillen—Nay; Dreier— RULES COMMITTEE ROLLCALL NO. 10 Schiff amendment No. 13, requiring special Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Date: January 24, 1995. treatment for any trust fund with a surplus Diaz-Balart—Nay; McInnis—Nay; Measure: Rule for H.J. Res. 1, Balanced printed in the Record of January 19, 1995. Waldholtz—Nay; Moakley—Yea; Beilenson— Budget Amendment. Results: Rejected, 4 to 9. Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Motion By: Mr. Moakley. Vote by Member: Quillen—Nay; Dreier— RULES COMMITTEE ROLLCALL NO. 21 Summary of Motion: Make in order the Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Date: January 24, 1995. Conyers Truth-in-Budgeting Amendment No. Diaz-Balart—Nay; McInnis—Nay; Measure: Rule for H.J. Res. 1, Balanced 23, requiring Congress to spell out the spend- Waldholtz—Nay; Moakley—Yea; Beilenson— Budget Amendment. ing cuts and tax increases necessary to Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Motion By: Mr. Beilenson. achieve a balanced budget, printed in the RULES COMMITTEE ROLLCALL NO. 16 Summary of Motion: Make in order the Record on January 20, 1995. Date: January 24, 1995 Waters amendment No. 20, protects capital Results: Rejected, 3 to 9. Measure: Rule for H.J. Res. 1, Balanced investments in criminal justice, personal se- Vote by Member: Quillen—Nay; Dreier— Budget Amendment. curity, and fire prevention, printed in the Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Motion By: Mr. Frost. Record of January 19, 1995. Diaz-Balart—Nay; McInnis—Nay; Summary of Motion: Make in order the Results: Rejected, 4 to 9. Waldholtz—Nay; Moakley—Yea; Beilenson— Frank amendment No. 27, protecting Social Vote by Member: Quillen—Nay; Dreier— Yea; Frost—Yea; Hall—Not voting; Solo- Security from cuts, printed in the Record of Nay; Goss—Nay; Linder—Nay; Pryce—Nay; mon—Nay. January 20, 1995 Diaz-Balart—Nay; McInnis—Nay; RULES COMMITTEE ROLLCALL NO. 11 Results: Rejected, 4 to 9. Waldholtz—Nay; Moakley—Yea; Beilenson— Date: January 24, 1995. Vote by Members: Quillen—Nay; Dreier— Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Measure: Rule for H.J. Res. 1, Balanced Nay; Goss—Nay; Linder—Nay; Pryce—Nay; RULES COMMITTEE ROLLCALL NO. 22 Budget Amendment. Diaz-Balart—Nay; McInnis—Nay; Date: January 24, 1995. Motion By: Mr. Moakley. Waldholtz—Nay; Moakley—Yea; Beilenson— Measure: Rule for H.J. Res. 1, Balanced Summary of Motion: Strike language that Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Budget Amendment. provides for the substitute with most votes RULES COMMITTEE ROLLCALL NO. 17 Motion By: Mr. Moakley. wins and insert language to provide that the Date: January 24, 1995. Summary of Motion: Make in order the last substitute adopted wins. Measure: Rules for H.J. Res. 1, Balanced Orton amendments No. 36 and 37 printed in Results: Rejected, 4 to 9. Budget Amendment. the Record of January 20, 1995. Amendment Vote by Member: Quillen—Nay; Dreier— Motion By: Mr. Hall. No. 36 requires sequestration to bring budget Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Summary of Motion: Make in order the back to balance and amendment No. 37 re- Diaz-Balart—Nay; McInnis—Nay; Nadler amendment No. 35, exempting from 3⁄5 quires 3⁄5 vote to waive balanced budget re- Waldholtz—Nay; Moakley—Yea; Beilenson— vote requirement for tax increases resulting quirement. Yea; Frost—Yea; Hall—Yea; Solomon—Nay. from the withdrawal of most favored nation Results: Rejected, 4 to 9. RULES COMMITTEE ROLLCALL NO. 12 status, printed in the Record of January 20, Vote by Member: Quillen—Nay; Dreier— Date: January 24, 1995. 1995. Nay; Goss—Nay; Linder—Nay; Pryce—Nay; February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 377 Diaz-Balart—Nay; McInnis—Nay; Nay; Diaz-Balart—Nay; McInnis—Nay; ruary 7, 1995, Dr. Custis received the pres- Waldholtz—Nay; Moakley—Yea; Beilenson— Waldholtz—Nay; Moakley—Yea; Beilenson— tigious Nathan Davis Award at a gala AMA Yea; Frost—Yea; Hall—Yea; Solomon—Nay. Yea; Frost—Not voting; Hall—Yea; Solo- presentation dinner at the Mayflower Hotel, at- mon—Nay. RULES COMMITTEE ON ROLLCALL NO. 23 tended by a large number of family, friends, RULES COMMITTEE ROLLCALL NO. 28 Date: January 24, 1995. and colleagues. Measure: Rule for H.J. Res. 1, Balanced Date: January 24, 1995. Although our work in the House prevented Budget Amendment. Measure: Rule for H.J. Res. 1, Balanced Motion By: Mr. Beilenson. Budget Amendment. me from attending the dinner ceremony, I did Summary of Motion: Make in order the Motion By: Mr. Beilenson. have the great honor and pleasure to be one Skaggs amendments No. 41 and 42 printed in Summary of Motion: Make in order the of those who recommended that Dr. Custis be the Record of January 20, 1995. Both amend- Volkmer amendment No. 44, striking the 3⁄5 considered for the award. ments prohibit Federal and State judicial vote for revenue increases, printed in the There follows an articles that appeared in reivew. Record of January 20, 1995. the February issue of PN/Paraplegia News Results: Rejected, 4 to 9. Results: Adopted, 3 to 7. highlighting the distinguished career of this Vote by Member: Quillen—Nay; Dreier— Vote by Member: Quillen—Nay; Dreier— Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Not voting; Goss—Nay; Linder—Not voting; great American public servant: Diaz-Balart—Nay; McInnis—Nay; Pryce—Nay; Diaz-Balart—Nay; McInnis— [From the PN/Paraplegia News, February Waldholtz—Nay; Moakley—Yea; Beilenson— Nay; Waldholtz—Nay; Moakley—Yea; Beilen- 1995] Yea; Frost—Yea; Hall—Yea; Solomon—Nay. son—Yea; Frost—Not voting; Hall—Yea; Sol- RULES COMMITTEE ROLLCALL NO. 24 omon—Nay. THE CONSUMMATE ADVOCATE Date: January 24, 1995. RULES COMMITTEE ROLLCALL NO. 29 The American Medical Association (AMA) Measure: Rule for H.J. Res. 1, Balanced Date: January 24, 1995. has selected PVA Senior Medical Advisor Budget Amendment. Measure: Rule for H.J. Res. 1, Balanced Donald L. Custis, M.D., as a 1994 recipient of Motion By: Mr. Frost. Budget Amendment. its prestigious Nathan Davis Award. A Summary of Motion: Make in order the Motion By: Mr. Moakley. former surgeon general of the U.S. Navy and Nadler amendments No. 33 and No. 34 printed Summary of Motion: Make in order en bloc chief medical director of the Department of in the Record of January 20, 1995. Amend- the Conyers amendment No. 24, the Coleman Veterans Affairs (VA), Dr. Custis joined PVA ment No. 33 exempts from 3⁄5 vote measures amendment No. 2, the Jacobs amendment as director of medical affairs in 1984. He that promote enforcement of tax laws and No. 3, the Watt amendment No. 21, the Klecz- served as associate executive director of the amendment No. 34 exempts from 3⁄5 vote ka amendment No. 5, the Stupak amendment Health Policy Department and continues as measures that reduce tax credits and deduc- No. 17, and Fattah amendment No. 26. a consultant on a wide variety of healthcare tions for corporations. Amendments No. 2 and No. 3 were printed in issues. PVA Immediate Past President Rich- Results: Rejected, 4 to 9. the Record of January 17, 1995, amendment ard Johnson nominated Dr. Custis for the Vote by Member: Quillen—Nay; Dreier— No. 5 on January 18, 1995, amendments No. 17 AMA award in August 1994. Nay; Goss—Nay; Linder—Nay; Pryce—Nay; and No. 21 on January 19, 1995, and amend- The Nathan Davis Award is given in the Diaz-Balart—Nay; McInnis—Nay; Waldholz— ments No. 24 and No. 26 on January 20, 1995. name of the founder of the approximately Nay; Moakley—Yea; Beilenson—Yea; Frost— Amendment No. 2 protects Social Security 290,000-physician member organization. It is Yea; Hall—Yea; Solomon—Nay. and Medicare, amendment No. 3 requires the presented each year to leaders in Congress RULES COMMITTEE ROLLCALL NO. 25 national debt be paid off, amendment No. 5 and federal, state and local governments for Date: January 24, 1995. and amendment No. 17 take Social Security outstanding contributions ‘‘to promote the Measure: Rule for H.J. Res. 1, Balanced off-budget, amendment No. 21 waives article art and science of medicine and the better- Budget Amendment. provisions by majority vote, amendment No. ment of the public health.’’ Dr. Custis re- Motion By: Mr. Frost. 24 truth in budgeting with 3⁄5 vote require- ceived the award in the category of ‘‘Life- Summary of Motion: Make in order the ments, and amendment No. 26 provides waiv- time Service in Federal Government Execu- Jackson-Lee amendments No. 45 and No. 46 er by majority in the event of natural disas- tive Branch Career Public Service.’’ Senator printed in the Record of January 23, 1995. ter or fiscal or social infrastructure deterio- John Chaffee (R-R.I.), Congresswoman Nancy Amendment No. 45 takes Medicare and Med- ration. Johnson (R-Conn.), and Governor Michael O. icaid off-budget and amendment No. 46 pro- Results: Rejected, 3 to 9. Leavitt (R-Utah) were selected in other cat- tects Medicaid payments from cuts. Vote by Member: Quillen—Nay; Dreier— egories. Results: Rejected, 4 to 9. Not voting; Goss—Nay; Linder—Nay; Pryce— On February 7, members of PVA’s Execu- Vote by Member: Quillen—Nay; Dreier— Nay; Diaz-Balart—Nay; McInnis—Nay; tive Committee and invited guests from the Nay; Goss—Nay; Linder—Nay; Pryce—Nay; Waldholtz—Nay; Moakley—Yea; Beilenson— U.S. House of Representatives, Senate, and Diaz-Balart—Nay; McInnis—Nay; Waldholz— Yea; Frost—Not voting; Hall—Yea; Solo- Departments of Veterans Affairs and Defense Nay; Moakley—Yea; Beilenson—Yea; Frost— mon—Nay. attended a gala AMA presentation dinner to Yea; Hall—Yea; Solomon—Nay. RULES COMMITTEE ROLLCALL NO. 30 honor Dr. Custis and his family. The AMA award is one more achievement RULES COMMITTEE ROLLCALL NO. 26 Date: January 24, 1995. in Dr. Custis’s career, which has spanned 50 Measure: Rule for H.J. Res. 1, Balanced Date: January 24, 1995. years and included numerous honors and dis- Budget Amendment. Measure: Rule for H.J. Res. 1, Balanced tinctions in federal medicine. Following the Motion By: Mr. Quillen. Budget Amendment. outbreak of World War II in Europe, he reg- Summary of Motion: To report rule to the Motion By: Mr. Beilenson. istered early for the draft and applied for a House. Summary of Motion: Make in order the Naval Reserve commission while attending Results: Adopted, 9 to 3. Skaggs amendment No. 14, waiving balanced Northwestern University Medical School in Vote by Member: Quillen—Yea; Dreier— budget requirement during periods of na- Chicago. He completed his internship and Yea; Goss—Yea; Linder—Yea; Pryce—Yea; tional security emergency or national eco- residency in general surgery at Presbyterian Diaz-Balart—Yea; McInnis—Yea; nomic emergency, printed in the Record of Hospital, Chicago, in 1944, entered active Waldholtz—Yea; Moakley—Nay; Beilenson— January 19, 1995. duty, and served in the Pacific Theater of Nay; Frost—Not voting; Hall—Nay; Solo- Results: Rejected, 2 to 7. Operations for the duration of the war, most mon—Yea. Vote by Member: Quillen—Nay; Dreier— notably on hospital ships during the Oki- Not voting; Goss—Nay; Linder—Not voting; f nawa campaign and the initial occupation of Pryce—Nay; Diaz-Balart—Nay; McInnis— LIFELONG INVOLVEMENT, DEVO- Japan. Nay; Waldholz—Nay; Moakley—Not voting; After a brief period of private practice fol- Beilenson—Yea; Frost—Not voting; Hall— TION, AND COMMITMENT DURING lowing the war, Dr. Custis reentered active Yea; Solomon—Nay. A DISTINGUISHED CAREER HAVE duty to pursue a career as a Navy surgeon RULES COMMITTEE ROLLCALL NO. 27 RESULTED IN A MAJOR AWARD and quickly rose in the ranks of executive Date: January 24, 1995. FOR DR. DONALD CUSTIS medicine. He was appointed executive officer Measure: Rule for H.J. Res. 1, Balanced at the Philadelphia Naval Hospital (1967); Budget Amendment. commanding officer of the Naval Combat Motion By: Mr. Beilenson. HON. G.V. (SONNY) MONTGOMERY Hospital, Danang, Vietnam (1969); command- Summary of Motion: Make in order the OF MISSISSIPPI ing officer of Bethesda Naval Hospital in Thornton amendment No. 18, protecting cap- IN THE HOUSE OF REPRESENTATIVES 1970; and surgeon general of the Navy (Navy ital investments which provide long-term Thursday, February 16, 1995 medicine’s top post) in 1973. He retired with economic returns, printed in the Record of the rank of vice admiral in 1976. January 19, 1995. Mr. MONTGOMERY. Mr. Speaker, my good In 1976, Dr. Custis continued his commit- Results: Rejected, 3 to 7. friend and former Chief Medical Director of the ment to federal medicine by joining VA. He Vote by Member: Quillen—Nay; Dreier— VA, Dr. Donald Custis, was recently honored served as deputy assistant chief medical di- Nay; Goss—Nay; Linder—Not voting; Pryce— by the American Medical Association. On Feb- rector for academic affairs, deputy chief E 378 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 medical director in 1978, and chief medical ‘‘The Independent Budget’’ and disseminate wildlife depend upon the coastal plain for sur- director from 1980 to 1984. He assumed this the document on Capitol Hill and to federal vival. The conspicuousÐMuskoxen, wolves, latter position at a crucial point in the VA budget policymakers. The report continues polar and grizzly bears and the countless in- healthcare system’s history. Cumulative to be published each year and is widely re- shrinking budgets in the Carter and Reagan spected as a definitive statement of VA conspicuous yet complex fauna and flora cre- administrations placed considerable strain budget policy and needs. ate a web of life, a substrata, like no place on VA, the nation’s largest healthcare pro- In the early 1990’s, Dr. Custis foresaw the else on the face of the Earth. vider—a trend that continues today. battles that would be waged over national One of my first assignments in Congress Still, Custis’s goal was to streamline. He reform. He judged that sweeping changes was to serve on the Alaska Lands Subcommit- strove to find ways to ‘‘do more with less’’ calling for universal health-care, or even tee with then-Chairman Mo Udall and John while gaining a reputation as a real fighter state reforms, could impose a direct threat for every dollar he could find in the budget to the survival of the VA system unless the Seiberling. Over a 4 year period, Congress battles with Congress and the Office of Man- department was allowed to compete and debated the appropriate disposition, designa- agement and Budget. His skill and tenacity interact with those new national forces of tion and use of the Federal land in Alaska. as an advocate for the VA health-care sys- change. To prepare PVA and the entire vet- The final version of H.R. 39, signed into law tem—and the veterans it was designed to erans’ community for the storm that was by President Carter, is one of the most signifi- serve—won lasting admiration from friend coming, Dr. Custis convened a blue-ribbon cant pieces of environmental laws ever en- and potential foe alike in the so-called ‘‘iron panel of nationally recognized health-policy triangle’’ of veterans affairs: the House and experts to review various scenarios for na- acted. While this legislation protected many of Senate Committees on Veterans Affairs, VA tional reform and identify the appropriate Alaska's unique resources, the final disposition itself, and the veterans’ service organiza- VA response to those changes. Published in of the Arctic National Wildlife Refuge [ANWR] tions (VSOs). These friendships last to this 1992, ‘‘Strategy 2000: The VA Responsibility was left with limited safeguards, but not re- day. in Tomorrow’s National Health Care Sys- solved. The House of Representatives strongly On August 19, 1994, in support of Dr. tem’’ was a ‘‘first-of-its-kind’’ analysis show- supported wilderness designation for ANWR, ing that unless VA reformed itself in light of Custis’s nomination for the AMA award, however, the compromise left open the possi- Senator Jay Rockefeller (R–W.VA), then national changes, the department could lose chairman of the Senate Committee on Veter- its traditional reason for existence. bility that this area could be opened for further ans Affairs, wrote, ‘‘. . . I rely on Dr. Custis’ ‘‘Strategy 2000, Phase II: Meeting The Spe- exploration and development. advice and counsel on a regular basis. . . . cialized Needs of Americans Veterans,’’ the For the past 14 years the coastal plain has His insights and understanding about the sequel published in 1994, challenged this been in a twilight zone enjoying the status of Federal Government’s role in health care, es- same theory against the pending national re- wilderness without the full force and protection pecially as a provider of care . . . have been forms under consideration by Congress. The of the law. Today, the failure to designate the document’s message, however, stated that invaluable to me. . . . He studies and ana- coastal plain as wilderness haunts us and lyzes, writes and speaks, leads, persuades, with or without major congressional reforms cajoles, and makes a difference on the role of and because of rapidly changing healthcare places this unique ecosystem at risk. Opening the Federal Government in health care. And systems in the public and private sectors, the coastal plain is a top legislative priority for through all of his work, he remains the quin- VA should move swiftly to streamline and the oil and mineral industries and their advo- tessential gentleman and professional.’’ improve its own systems—or face the con- cates in the U.S. Congress. The developers Despite tight budgets, Dr. Custis drove sequences. At risk were most VA healthcare have kept the pressure on today to proceed VA—long centered on the traditional bearing programs, especially specialized services and are mounting an aggressive offensive to of providing services for World War II and such as spinal-cord-injury medicine, ad- enact legislation which would open this special Korea War—veterans—to adapt itself to re- vanced rehabilitation, prosthetics, mental spond more readily to the needs and expecta- health, long-term-care, and others that had area. If we allow such a policy to be imple- tions of the new generation of service men been designed to meet the unique needs of mented, the unique ANWR ecosystem will be and women from the Vietnam War. The Re- the veteran population. irreparably harmed. America's natural legacy adjustment Counseling Program for Vietnam While veterans’ needs may change along would be significantly diminished by such a Veterans (Vet Center Program) was designed with VA’s ability to meet those require- policy path. and implemented under his tenure. ments, Dr. Custis has remained an alert The wilderness legislation which Senator watchman and a tenacious advocate. Writing In his farewell remarks to the VA Depart- ROTH and I are introducing today is intended of his commitment, Representative G. V. ment of Medicine and Surgery. Dr. Custis to challenge and defeat the concerted effort wrote about his fellow Vietnam veterans: (Sonny) Montgomery (D-Miss.), long-time ‘‘My memories are made of this. I’ll remem- chairman of the House Committee on Veter- for a short term boom and bust exploitation ber Vietnam. The brave men who fought and ans Affairs and currently ranking minority policy. Our initiative is certainly the policy path so often died there remain indelible on my member of the committee, said, ‘‘Don Custis supported by the American people. The public mind. Not that their sacrifice exceeded those has dedicated his life to helping those who recognizes and supports a strong national in previous conflicts, but because there was served in our armed forces. His work as a stewardship role by our Federal Government so little unity of national purpose to sustain physician in the Navy and his involvement to save our natural legacy, our future genera- both as Surgeon General of the Navy and them. How sad. It was the poignancy of that tion's inheritance. recall which brought me into VA as I left the Chief Medical Director (of VA) allowed him Navy. How crass and cruel the accusation to be involved in every major healthcare-pol- The American people want adequate protec- that we who care for him who has borne the icy decision in recent years.’’ tions for those special natural resources such battle, do so without empathy!’’ Fortunately for PVA members (and all vet- as ANWR. The Udall Wilderness Act finally Responding to the obvious needs of a rap- erans) that involvement, level of devotion, provides sound protection for ANWR. idly aging veteran population, Dr. Custis and commitment continues. Serving with Mo Udall was a distinct pleas- nurtured the beginnings of VA’s well-suited f ure and honor. Chairman Udall was dedicated foray into geriatric medicine; he instituted to protecting our Nation's crown jewels for fu- training programs, research, education, and MORRIS K. UDALL WILDERNESS ture generations. He took such responsibilities long-term-care services that have made VA ACT the leader in geriatric medicine in the Unit- seriously but always had a knack for making ed States today. He strengthened the agen- his points with wit and poignancy. In talking cy’s long-standing role as the nation’s larg- HON. BRUCE F. VENTO about the Alaska lands legislation. Mo spoke est partner in academic medicine through its OF MINNESOTA eloquently to all Americans: ``not in our gen- affiliations with 126 medical schools. He ex- IN THE HOUSE OF REPRESENTATIVES eration, not ever again, will we have a land panded its award-winning research programs Thursday, February 16, 1995 and wildlife opportunity approaching the scope and saw the department’s duty as backup to and importance of this one. In terms if wilder- Department of Defense medicine in time of Mr. VENTO. Mr. Speaker, I am pleased to national emergency or crisis codified by Con- join with Senator ROTH and other ``true'' con- ness preservation, Alaska is the last frontier. gress. servatives who want to preserve our natural This time, given one great final chance, let us Dr. Custis remains an active, consummate heritage in introducing the Morris K. Udall Wil- strive to do it right.'' advocate for the men and women who have derness Act. This legislation is needed to pro- We couldn't do better than to honor Chair- served in defense of the United States. On vide permanent wilderness designation and man Udall with this designation that he fought joining PVA’s staff, he conceived, directed, protection for Alaska, a magnificent and spe- so hard to achieve. The American reservoir of and implemented The Independent Budget values, vision and inspiration that Mo Udall Project, which publishes yearly detailed cial place, the Northern Coastal Plain, the Arc- analyses of VA budget trends and needs. He tic National Wildlife Refuge [ANWR]. evoked will be enlisted today as the 104th forged the unprecedented coalition of VSOs The ANWR coastal plain is a unique eco- Congress acts to determine the fate of ANWR. (AMVETS, Disabled American Veterans, system, long recognized for its rich biological The wilderness designation of ANWR is in- Veterans of Foreign Wars, and PVA) to draft diversity. Today over 200 notable species of deed our last chance. Hopefully we will follow February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 379 Mo's wise counsel and do it ``right'', as real EAGLE SCOUT HONORED the national security of the United States. conservatives. Clearly, it is vital that we take immediate ac- tion to remove this threat to our national secu- f HON. WILLIAM O. LIPINSKI OF ILLINOIS rity. By removing unnecessary impediments to domestic exploration and development we can EXTENSION OF COPYRIGHT TERM IN THE HOUSE OF REPRESENTATIVES Thursday, February 16, 1995 fortify our domestic oil and gas industry and begin to correct this dangerous oil trade defi- Mr. LIPINSKI. Mr. Speaker, it gives me cit. HON. CARLOS J. MOORHEAD great pleasure to bring to the attention of my The preservation of marginal well production OF CALIFORNIA colleagues an outstanding young individual and the encouragement of new oil and natural from the Third Congressional District of Illinois gas production provides a blueprint for fast, ef- IN THE HOUSE OF REPRESENTATIVES who has completed a major goal in his scout- fective action to protect our Nation's vital eco- Thursday, February 16, 1995 ing career. Douglas Pratt of Chicago, IL, has nomic and security interests. completed the requirements required to attain Currently, nationwide we plug a marginal Mr. MOORHEAD. Mr. Speaker, I am today the rank of Eagle Scout. Douglas will be hon- well about every 30 minutes. Since 1983, introducing legislation which would extend the ored at an Eagle Scout Court on February 26, some 450,000 petroleum jobs have been lost, term of ownership of a copyrighted work from 1995. and nearly half of our independent oil compa- the life of the author plus 50 years to the life The eagle rank is one of the highest and nies have gone out of business during the of the author plus 70 years. I am pleased that most prestigious ranks a Boy Scout can earn. same time period. In 1993, nearly 17,000 do- the gentlelady from Colorado, Mrs. SCHROE- It is important to note that less than 2 percent mestic oil wells were abandoned, an average DER and Messrs. COBLE, GOODLATTE, BONO, of all young men in America attain the rank of of 46.3 per day. Plugging an oil well is perma- GEKAS, BERMAN, NADLER, and CLEMENT are Eagle Scout. This high honor can only be nent. After a well has been plugged it is then cosponsoring this legislation. This change will earned by those Scouts demonstrating ex- cost prohibitive and not always technically fea- bring U.S. law into conformity with that of the traordinary leadership abilities. Douglas sible to re-lease and reequip the well to re- European Union whose member states are worked long and hard to learn and perform all cover the remaining oil and gas. among the largest users of our copyrighted the skills necessary to achieve this rank. It is my belief that this bill provides a posi- works. Douglas has been active in Scouting for tive first step toward revitalizing our Nation's The last time the Congress considered and several years at St. Mary Star of the Sea. In dwindling energy industry. I encourage my col- addition to being an outstanding member of enacted copyright term extension legislation leagues to join me in this effort to decrease Boy Scout Troop 1441, Douglas served as a was in 1976. At that time the House report our reliance on foreign crude imports and rein- den chief for the younger Cub Scout troops for noted that copyright conformity provides cer- vigorate a vital component of our economyÐ 2 years. Because of his patience and skill with the domestic oil industry. tainty and simplicity in international business the younger boys, Douglas proved to be a nat- f dealings. The intent of the 1976 act was two- ural leader and an excellent role model. fold: First, to bring the term for works by Douglas has also excelled in activities out- RICHARD DEMARY: A FLIGHT AT- Americans into agreement with the then mini- side of Scouting. He is currently a sophomore TENDANT ON USAIR FLIGHT 1016 mum term provided by European countries; at the Illinois Math and Science Academy. He and second, to assure the author and his or is a writer on the school paper and editor for her heirs of the fair economic benefits derived the satire paper. In the spring, he plans to join HON. BUD SHUSTER from the author's work. The 1976 law needs to the basketball team. At the Ted Lenard Gifted OF PENNSYLVANIA be revisited since neither of these objectives is Center, he graduated with honors and an im- IN THE HOUSE OF REPRESENTATIVES being met. pressive list of achievements. For example, in Thursday, February 16, 1995 In October 1993, the European Union [EU] eighth grade, he was a member of the Aca- Mr. SHUSTER. Mr. Speaker, sometimes, demic Olympics team and also won the City adopted a directive mandating copyright term when confronted with appalling circumstances Competition Science Fair. protection equal to the life of the author plus beyond our most ardent imagination, individ- For his Eagle Scout project, Douglas did an 70 years for all works originating in the EU, no uals summon forth courage and fortitude that excellent job cleaning and repairing the area later than the first of July this year. The EU nearly defies belief. around Bachelor's Grove cemetery. In fact, action has serious trade implications for the Such is the case of Richard DeMary, a flight Douglas in such an ambitious and talented United States. attendant from Coraopolis, PA, who was Scout that has earned enough merit badges to The United States and EU nations are all aboard the doomed USAir Flight 1016 which attain the honor of Eagle Palm, a honor even signatories of the Berne Copyright Convention crashed near Charlotte, NC, on July 2, 1994. more prestigious than the Eagle Scout. Doug- which includes the so-called rule of the shorter Flight 1016 took off from Charlotte/Douglas las is an outstanding young man who de- term which accords copyright protection for a International Airport in heavy rain and wind. serves to be commended for his leadership, term which is the shorter of life plus 70 years Moments later, the DC±9 plummeted into the hard work, and service. I ask my colleagues to woods, broke apart, and burst into a fireball. or the term of copyright in the country of ori- join me in congratulating Douglas on his No Hollywood screenwriter could devise a gin. Once this directive is implemented, U.S. achievement as Eagle Scout. Let us also wish more compelling story that what Mr. DeMary works will only be granted copyright protection him the very best in all his future endeavors. did in the next few minutes. An official account for the shorter life plus 50 year term before f falling into the public domain. The main rea- later read: sons for this extension of term are fairness THE DOMESTIC OIL AND GAS After the aircraft came to a rest, DeMary and economics. If the Congress does not ex- PRODUCTION TAX INCENTIVE ACT first freed a severely injured fellow flight at- tendant from her seat and carried her from tend to Americans the same copyright protec- the wreckage. Despite the threat of second- tion afforded their counterparts in Europe, HON. STEVE LARGENT ary explosions. DeMary returned to the air- American creators will have 20 years less pro- OF OKLAHOMA craft and rescued a small child from the tail tection than their European counterpartsÐ20 IN THE HOUSE OF REPRESENTATIVES section. He re-entered the torn fuselage to years during which Europeans will not be pay- Thursday, February 16, 1995 pull the child’s injured mother to safety and ing Americans for their copyrighted works. And returned a third time to rescue another pas- Mr. LARGENT. Mr. Speaker, today, I am senger. whose works do Europeans buy more of than pleased to introduce along with my Oklahoma His efforts did not stop there. He kicked any other country? Works of American artists. colleagues the Domestic Oil and Gas Produc- open the door of a house in which part of the This would be harmful to the country and work tion Tax Incentive Act. aircraft was embedded and attempted to a hardship on American creators. I intend to Recently, the Secretary of Commerce re- reach other trapped passengers until heavy schedule hearings on this issue in early sum- smoke forced him to withdraw. Despite ported the results of an investigation con- burns on his arms and an injured ankle . . . mer. ducted, under the Trade Expansion Act, into DeMary helped move a downed telephone the impact of crude oil imports on the national pole that was blocking a street and prevent- security of the United States. The investigation ing fire fighting equipment from getting determined that oil imports threaten to impair closer to the wreckage. E 380 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 Through the sound and fury, Richard history of one of the most enduring institutions BIPARTISAN INITIATIVE TO REAU- DeMary was brave and selfless; for his ac- in the Fifth Congressional District of Texas, THORIZE THE CLEAN WATER tions, he as awarded the Flight Safety Foun- which I am privileged to serve in this House of ACT dation's Heroism Award. Representatives. Deeds such as this summon within all of us For the last century one of the major agri- HON. JAMES A. HAYES a feeling of elation and humility. They are cultural centers of this district has been Madi- OF LOUISIANA deeds that ask us to pause a moment and at- son County and its county seat of Madison- IN THE HOUSE OF REPRESENTATIVES tempt to truly grasp the heights of human pa- ville. And, not coincidentally, during the last Thursday, February 16, 1995 thos and its deliverance, human courage. 100 years that beautiful section of our State f has been served, informed, and led by the Mr. HAYES. Mr. Speaker, I am proud to be SEVENTY-FIFTH ANNIVERSARY OF Madisonville Meteor. a part of a bipartisan coalition of Members THE LEAGUE OF WOMEN VOTERS The Meteor publishes its centennial edition who have come together to present a bal- OF THE UNITED STATES on the very appropriate date of February 22. anced and reasonable strategy to reauthorize That is, of course, the birthday of George the Clean Water Act. HON. NITA M. LOWEY Washington, the father of our country. While The legislation we are introducing today is this part is pure coincidence, I am proud to the consequence of months of hard work last OF NEW YORK year building consensus among disparate par- IN THE HOUSE OF REPRESENTATIVES note that George Washington, the Madison- ties to this debate. The States, cities, and Thursday, February 16, 1995 ville Meteor and I share the observance of the same birth date; however, I do stipulate that counties, and the business and agricultural communities had significant input into our de- Mrs. LOWEY. Mr. Speaker, I rise today to my birthday was several decades later than velopment process. The resultant product for congratulate the League of Women Voters on the Meteor's and a full 215 years after Presi- the most part tracks language circulated as an 75 years of extraordinary service to our de- dent Washington's. mocracy. alternative to last year's failed attempt to reau- Despite all of its accomplishments under the In 1920, women throughout the Nation cast thorize, and just like our effort last year, its in- leadership of a century of dedicated publish- their first ballot for Congress and President of tent is to open up an honest dialog to draft a the United States, forever changing the char- ers, editors, and staffers, the Meteor could be progressive and pragmatic plan. This proposal acter of our country and of our politics. It was most proud of its biggest and longest-running is just the starting point, and the continued the League of Women Voters which informed errorÐthe mistake it made in selecting its own participation and thoughtful analysis of all of and engaged these millions of newly enfran- name. the interested players is critical to helping us chised citizens. The story goes that the newspaper's found- perfect this important legislation as it moves Today, the League of Women Voters has er, Thomas J. Stevens, showed up amid the through the committee markup process. over 1,000 chapters with some 150,000 mem- rolling, tree-lined hills of Madison County with This bill seeks to address the shortfalls as bers, both women and men. It continues to a wagon full of printing equipment and a plan well as enhance the strengths of the current shape our public dialogue through study of to produce a newspaper that would be so full CWA programs. First and foremost, our pro- major policy questions, and through the en- of local news and advertising that area resi- posal provides an affordable authorization couragement of community service and partici- dents would find it indispensable. Maybe so, level of $10 billion for the State revolving fund pation. Mr. Stevens' first hired man observed, but he over the next 6 years. In doing so, we pro- In Westchester County, where I live, the personally figured the paper would be a short pose, in a fiscally responsible manner consist- League of Women Voters is a leading sponsor flash and then disappear, leaving no more ent with the current budgetary climate, to pro- of progressive reforms. Each year, the league than a footnote to the history of Madison vide needed funds to States to improve water produces thousands of voter guides to help us County. Kind of like a meteor causing a quick quality, presenting a more accurate picture of make informed decisions, publishes a direc- flash, then disappearing forever, he reckoned. what the Federal Government can afford in tory of elected officials, and sponsors scores So why not call it the Madisonville Meteor, these areas, while maintaining high enough al- of debates with ample opportunity for citizen reasoned the amused publisher? locations to allow the programs to remain via- involvement. A succession of publishers have enjoyed ble. That vibrant tradition has helped produce the irony of the name and the call to civic Another crucial area that this bipartisan ini- leaders such as Ruth Hinerfeld, who rose to duty. Edna Keasling now publishes this vener- tiative also intends to address is the nonpoint lead the national league organization after a able weekly that manages to retain its down- source section 319 program. Developing inno- long and successful experience with the West- vative strategies to address our nonpoint chester chapter. home charm and interests, while more than holding its own on the electronic lanes of the source problems without the onerous and I am also very proud to say that the founder often-counterproductive command and control post-nuclear information superhighway. of the League of Women Voters, Carrie Chap- regulatory overkill will be important to the fu- Publisher Keasling has noted that of more man Catt, chose to spend the last decades of ture effectiveness of the entire Clean Water than 5,000 issues of the Meteor, the two most her life in New Rochelle. Today, the city of Program. popular and most consulted are the ones New Rochelle and its local league chapter are Finally, among the other important provi- marking the centennial of Madison County, temporarily renaming Paine Avenue, where sions of the bill is a long overdue effort to Mrs. Catt lived, League of Women Voters Ave- created in 1853 and organized in 1854, and comprehensively resolve the enigma that is nue. It is a fitting tribute to a leader whose re- the 50th anniversary of the Meteor. our Federal Wetlands Program. The obscure markable works continue to shape our lives. There will be a strong new light glowing at and burdensome section 404 permitting pro- Mr. Speaker, 75 years after its founding, the the Meteor as Ms. Keasling, editor Daniel gram would be revised to establish a system league's mission is as essential as ever. For Humphries, sports editor Mark Kuchera, type- of multiclassifications that protects the most though the right to vote is secure, the respon- setter Melissa Fautheree, compositor Marta pristine wetlands and coastal marshes, while sible exercise of that right remains an ideal for Nichols, bookkeeper-circulation staffer Deenna also preserving the rights of property owners which we shall ever strive. Tobias, circulation staffer Carolyn Standley to utilize those lands that are less valuable. It is a pleasure to thank the league for all it and darkroom operator Martha Fautheree pool I firmly believe that too oftenÐand the sec- has done, and all it will do. their talents on Wednesday, February 22, to tion 404 wetland permit program is a prime f present Volume 101, No. 1, of the Madison- exampleÐthe institutional arrogance and igno- ville Meteor. THE MADISONVILLE METEOR’S rance of bureaucrats and government agen- CENTENNIAL I join the Meteor's many other friends in an- cies has spawned ineffective and inflexible ticipating the first edition of the misnamed but programs beyond the scope of their intended HON. JOHN BRYANT well-placed newspaper's second century. authorizations. These programs are neither As an enduring example of our Nation's cost effective nor improve the quality of our OF TEXAS unique marriage of free speech and the free IN THE HOUSE OF REPRESENTATIVES waters. We have forgotten that properly moti- market, the meteor has earned our thanks and vated individuals and businesses, rather than Thursday, February 16, 1995 congratulations. just as it will when our de- bureaucrats and politicians, are much better Mr. BRYANT of Texas. Mr. Speaker, I am scendants celebrate Volume 201, No. 1, of the equipped to efficiently allocate financial and delighted to call to this body's attention the Meteor as it begins its third century. human resources toward the economic and February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 381 environmental well-being of their land. We signature, but I have not included it because THE DOMESTIC OIL AND GAS PRO- must give them the tools to do so. it addresses the Internal Revenue Code. I DUCTION AND PRESERVATION Therefore, I welcome my colleagues and the hope to have that issue addressed in other ACT affected parties to the clean water debate to legislation. comment on this legislation because only with HON. FRANK D. LUCAS substantive and constructive deliberation will f OF OKLAHOMA the right balance between the economy and TRIBUTE TO THE CITIZENS OF IN THE HOUSE OF REPRESENTATIVES the environment be reached. MARFA, TX f Thursday, February 16, 1995 LEGISLATION AUTHORIZING SALE Mr. LUCAS. Mr. Speaker, today I rise to OF ALASKA POWER ADMINIS- HON. HENRY BONILLA bring my colleagues' attention to a growing TRATION threat to our national securityÐour increased OF TEXAS reliance on foreign oil. Last year, for the first IN THE HOUSE OF REPRESENTATIVES time in the history of our Nation, we imported HON. DON YOUNG over half the oil that we consumed. By the OF ALASKA Thursday, February 16, 1995 year 2010, the Department of Energy [DOE] IN THE HOUSE OF REPRESENTATIVES Mr. BONILLA. Mr. Speaker, I stand before estimates that imports could makeup as much Thursday, February 16, 1995 my colleagues today to pay a tribute to the as 60 percent of our Nation's petroleum Mr. YOUNG of Alaska. Mr. Speaker, I rise citizens of Marfa, TX for their courage and needs. to introduce legislation to sell the Alaska commitment in the face of adversity. Recently, While imports are rising, U.S. oil production Power Administration's two hydroelectric the community suffered a tremendous loss is on a drastic decline. Crude oil production in projects. when an important, historical building on 1994 averaged 6.6 million barrels per day, in This legislation will authorize the sale of the Marfa's main street was devastated by fire. comparison to the 6.8 million barrels per day Alaska Power Administration. The Alaska For more than half a century, the old build- in 1993Ðthis represents one of the lowest oil Power Administration is different from the ing was part of Marfa's landscape. At the time production levels in the history of our country. other Federal Power Marketing Agencies of of the fire, the city hall, the police department Oil prices continue to fluctuate and natural gas the Department of Energy. Its two hydro- and emergency medical services were located prices are on a steady decline. electric projects, Eklutna and Snettisham, in the building. It also housed most of Marfa's The truth is, that it's just plain tough for do- were never intended by Congress to remain important records. Not only did the fire ruin mestic oil and gas producers to operate in to- indefinitely under Federal control. The Eklutna these important offices and documents, but it day's market. The cost of operation, high Project Act, for example, states that ``Upon also destroyed a piece of the town's history. taxes, and costly environmental regulations completion of amortization of the capital in- Although most of you have never been to make it difficult to continue to drill for oil and vestment allocated to power, the Secretary is Marfa, you might recall the town as the setting gas. It's time for us to start paying attention authorized and directed to report to the Con- of the famous silver-screen classic, ``Giant.'' and provide some relief and incentives for the gress upon the feasibility and desirability of One of the landmarks from the movie, the Pal- American energy industry. Everyone talks a transferring the Eklutna project to public own- ace Theater, also suffered extensive smoke good game about ``America first''* * *buy ership and control in Alaska.'' Moreover, these and water damage. However, the destruction American products* * *hire American two projects were created specifically to pro- this fire caused hasn't slowed the town down labor* * *and I agree. But, those same people mote economic and industrial development in one bit. don't seem to have a problem pouring foreign Alaska, and they are not the product of a The fire occurred even as Marfa was pre- gasoline in our American cars. water resource management plan. paring for a big spring festival celebrating Earlier today I, along with Representatives I am a strong advocate of insuring that Alas- ``Giant.'' Yet, instead of letting the fire ruin COBURN, BREWSTER, ISTOOK, LARGENT, and kans control their own destiny, which is what their celebration, the citizens of Marfa have WATTS, introduced a plan that would help this bill is all about. It will put the management pulled together to repair and restore the Pal- boost domestic production and lessen our reli- of these two hydroelectric projects into the ace Theater in time for the May event. ance on foreign oil. The Domestic Oil and Gas hands of those who best know Alaska. One Since the fire, the town has pretty much re- Production and Preservation Act, would pro- project will be sold to the State of Alaska, and turned to business as usual, although that vide tax incentives for new and marginal well the other will be sold to a group of three Alas- business is being taken care of in temporary production; relief from burdensome Federal kan public electric utilities. offices. This would not have been possible regulations; and would abolish existing bans Equally as important, this legislation will re- without the outpouring of help and generosity on the export of U.S. crude oil. This bill will lieve the Federal Government of the expense from so many Marfa citizens. Special thanks put people back to work, boost revenues, and of operating and maintaining these two goes to Marfa Mayor Fritz Kahl, whose leader- help make the domestic oil and gas industry projects. It also provides for the termination of ship and determination helped the folks of more competitive in world markets. the Alaska Power Administration once the sale Marfa pull together to get through this sad sit- According to a recent investigation con- is complete, further saving money for tax- uation. In addition, such people as County ducted by the U.S. Department of Commerce, payers. Judge Jake Brisbin Jr., Glenn Garcia, Abe this bill is needed now more than ever. The It is important to note that this legislation Gonzalez, David and Ellen Kimble, Judy Commerce investigation, conducted under the provides necessary safeguards for the envi- Ledbetter, Charles Mertz, Teryn Muench, Trade Expansion Act, apparently determined ronment. It requires the State of Alaska and Floyd Neal, Carolyn and Bill Renfroe, Blaine that increased oil imports could impair the na- the Eklutna purchasers to abide by the memo- Shuffield, Rusty Taylor and many others have tional security of the United States. The Trade randum of agreement they entered into re- made this situation a lot more bearable for the Expansion Act requires the President to re- garding the protection and enhancement of town. The services offered by the Big Bend spond to the report within 90 days of the Com- fish and wildlife. The legislation makes this le- Regional Medical Center and the Marfa Border merce Department's findings. It is imperative gally enforceable. Patrol Sector were also very helpful. that Congress and the President take action to Last year a similar provision was included in And the generosity didn't stop at the Marfa alleviate this threat to our national security. the H.R. 300, the Re-inventing Government City limits. Folks from other west Texas towns Many of my colleagues will turn a blind eye package and the Senate Committee on En- came to lend a helping hand and bring extra to this report. However, I believe it is a warn- ergy and Natural Resources reported S. 2383, emergency equipment. Firefighters from Al- ing signal that we must not ignore. This is not the Alaska Power Administration Sale Author- pine, Fort Stockton, and Fort Davis valiantly just an oil State problem, the energy crisis is ization Act. The administration testified in fought the blaze right alongside the Marfa Vol- a national concern that everyone should be strong support of this legislation. Unfortu- unteer Fire Department. The spirit of worried about. nately, there was little time to consider them comradery in west Texas is unmatched. U.S. marginal wellsÐor low-income wellsÐ late in the session. With early introduction this I salute the citizens of Marfa for preserving are particularly at risk. Most people don't un- Congress, I am hopeful that we will see this their history and protecting their future. Al- derstand that each time a marginal well is legislation enacted into law. though a fire destroyed documents and a his- plugged, jobs are lost and we increase our re- There is one provision which needs to be in- torical building, it could never shatter the spirit liance on foreign oil and run the risk of losing cluded in the Alaska Power Administration leg- of pride and optimism which runs deep in the one of our Nation's natural resources forever. islation before it is sent to the President for hearts of Texans. Plugging a well is like shutting down a small E 382 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 business. When we plug marginal wells, we support student's natural interest in the over results, though some worry the com- also lose jobs in our communities back home. sciences. It is this natural interest that we petition and publicity surrounding it could Plugging a well is permanent. The only way to must cultivate for the future of this Nation. put undue pressure on some students. recover these resources is to drill a new well, Budding young scientists, like Neal and Finalists themselves accepted the back- slaps of classmates and teachers yesterday, which is extremely costly. Debleena, illustrate the possibilities for years while also trying to focus their attention on Nationally, we plug a marginal well every 30 to come. midterm exams that are being administered minutes. In Oklahoma, we plug eight marginal Please, join me in recognizing the incredible this week across New York State. Many wells per day. In 1993, the State of Oklahoma success not only of Neil and Debleena, but school authorities said official recognition had over 70,000 marginal wells in operation. also their teachers and all of eastern Long Is- would be extended to finalists as soon as nor- The same year, nearly 1,356 marginal wells land's quality schools. I submit for the RECORD mal classes resume. were abandoned. As a result, my State of an article in Newsday from January 25, 1995, ‘‘I was just totally shocked,’’ said one win- Oklahoma lost nearly $20 million in gross rev- that details their accomplishments. ner, Supinda Bunyavanich, 17, of Port Wash- enues. [From Newsday, Jan. 25, 1995] ington, who received the news by phone on Monday afternoon. ‘‘I was having a snack LONG ISLAND’S EINSTEINS This bleak situation has forced businesses and watching TV, and then I was nearly to close, imperiled thousands of jobs, and (By John Hildebrand) screaming.’’ caused States to lose large amounts of pro- Long Island led the nation yesterday in the Another finalist, Daniel Sims, 17, of duction and income taxes. Over the last dec- number of students named finalists in the Bellmore said that school officials ‘‘went ade, this country has lost nearly 500,000 jobs Westinghouse science competition, capturing nuts’’ when he called them with the news as a result of low domestic oil and gas pro- nine slots out of 41, nearly double the num- after being notified himself by contest offi- ber produced by traditional powerhouse New ductivity. cials. York City. For Lawrence’s Joel Wollman, finalist sta- It's time for the U.S. Government to open its Honored for their research in fields ranging eyes and support a plan to help restore our tus brought special satisfaction The teenager from genetics to treatment of municipal long had endured good-natured ribbing from domestic industry. I believe that the bill we in- wastewater, the Long Island high-school sen- classmates over his psychological research, troduced today marks the first step in this iors were hailed by teachers and principals which involved efforts to discover why one plan. It will help stop the abandonment of as persistent, self-motivated students who person’s yawning prompts the same behavior had helped their schools ‘‘come of age.’’ The wells, pump revenues back into State and in others. ‘‘Once I entered the finals, all that nine finalist positions are the most ever won stopped,’’ the teenager said. Federal budgets, and preserve our Nation's by students on the Island, and surpassed the Finalists were drawn from 300 national natural resources. city’s total for the first time. semifinalists, including 41 on the Island. It is in the best interest of our country to Three of the Island’s schools produced two They will be flown to Washington in March support this bill and protect our Nation's oil finalists each—the same number as New supplies. It would be one of our Nation's dark- York City’s legendary Bronx High School of to compete before panels of eminent re- searchers for $205,000 in scholarships. The est days should we awaken to find ourselves Science. Island schools with twin finalists were Ward Melville High School in East competition, known as Science Talent with a depleted oil supply, leaving us totally at Search, draws funding from a foundation es- the mercy of the world's unstable oil producing Setauket, John F. Kennedy High School in Bellmore and Paul D. Schreiber High School tablished by Westinghouse Electric Corp. nations. Our Nation's oil and gas supplies are in Port Washington. New York City, as usual, produced far a national treasure that must be preserved Three other Island schools—Jericho, Long more semifinalists than the Island this year, and maintained. I look forward to working with Beach and Lawrence High Schools—had one with 84. But the advantage shifted with the my colleagues and I urge them to support this finalist each. Jericho’s Soo Yeun Kim, who announcement of finalists—New York had critical legislation. died in a car crash Nov. 28, was honored post- five—an irony not lost on educators who humously—the first such award in the com- have seen Long Island schools draw upon the f petition’s history. experience of city high schools. LONG ISLAND’S OWN EINSTEINS Results were announced yesterday from ‘‘What suburban schools are beginning to the science competition’s Washington, D.C., understand is that if you want to win, you headquarters. All finalists will receive cash have to give teachers enough time to work HON. MICHAEL P. FORBES awards of at least $1,000, and the top 10 will with students on their projects,’’ said Stan OF NEW YORK receive larger scholarships including a first Teitel, coordinator for student research at Manhattan’s Stuyvesant High School. IN THE HOUSE OF REPRESENTATIVES prize of $40,000. As news of the latest honors swept through Stuyvesant produced 29 semifinalists, the Thursday, February 16, 1995 school hallways, results were attributed to highest number for any school. It had two fi- Mr. FORBES. Mr. Speaker, it is quite an efforts by local high schools to establish in- nalists. tensive research courses, staffed by teachers Directors of school research programs on honor for any Representative to have one fi- experienced in prepping students for com- the Island acknowledge their debt to the nalist from the Westinghouse science competi- petition. Since the 1980s, the number of high city’s schools, while adding that their recent tion from their district. I have the unique honor schools in the region offering such opportu- success is due to other factors as well. to represent two budding scientists recently nities to students has more than tripled, to Among these are the support of parents with named finalists for the Westinghouse science a total of about 40 of 114 public high schools enough money to send their teenagers to competition. on the Island. summer research institutes on college cam- Neil Catillo Srivastava, 17, of Ward Melville ‘‘This says something about the caliber of puses, and the presence of local research cen- High School in East Setauket researched nitric Long Island schools—we’ve come of age here ters, such as the State University at Stony in terms of the programs we’re offering,’’ Brook, which supplement the training pro- oxide and its effect on cell movement and said Steven Kussin, principal of Lawrence vided by high schools. A majority of the wound healing. High School. He formerly taught at Brook- Long Island finalists attended such summer Debleena Sengupta, 17, also of Ward Mel- lyn’s Midwood High School, another city programs. ville High School, completed a project in bio- school that traditionally excels in the Wes- ‘‘It’s Long Island coming into its own,’’ chemistry that was designed to remove toxic tinghouse contest. said Melanie Krieger, research coordinator metals, such as uranium, cost-efficiently from Lawrence High School’s winning student, at Ward Melville High School, which pro- water. Joel Wollman, 18, had submitted a project in- duced 12 semifinalists this year. The schools’ Their outstanding results were made pos- volving extensive psychological research. finalists are Debleena Sengupta, 17, whose Like many colleagues, Kussin views the project dealt with removal of metal contami- sible by the effort of local high schools to es- focus on science research in his school as nants from wastewater, and Neil Castillo tablish and maintain intensive research part of a broader movement that also in- Srivastava, 17, who examined the use of ni- courses, staffed by experienced teachers. volves encouraging larger number of stu- tric oxide in healing wounds. Since the 1980's the number of high schools dents to take college-level Advanced Place- Some of this year’s local finalists drew on on Long Island offering such research courses ment courses. ‘‘Standards are back, and the personal experience for their projects. Reed have more than tripled; now 40 of 114 public proof is in the pudding,’’ the principal added. Levine, 17, of Bellmore, did an extensive high school are in my eastern Long Island dis- Local educators say this year’s Westing- study of ski accidents in an attempt to im- trict. house results are all the more remarkable prove safety, after a neighbor died in an acci- since the national contest has grown increas- dent. Tracy Phillips, 17, of Long Beach, de- High-technology medicine and environ- ingly competitive. Since 1985, the number of veloped an electronic sensor to help the mental sciences are the wave of the future. science projects submitted by high-school sight-impaired count currency, in memory of On eastern Long Island, from Smithtown to seniors nationwide has jumped more than 60 a brother who was blind and died young. Montauk and across the Nation, parents and percent, to 1,660 this year. Local teachers But there was no award more poignant teachers are working together to foster and and principals generally voice satisfaction than that given posthumously to Jericho’s February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 383 Soo Yeun Kim. Jericho High School will re- Bien Criada''. Maria Victoria has made 48 on a lifetime of invaluable service to the citi- ceive a special $5,000 grant in her name. The movies, turned out more than 100 albums, zens of our community and wish him well in school’s principal, Mathew Mandery, said the starred in numerous TV programs, and has his new position as associate director of public news of Soo’s award was welcome, but it also brought back the sadness of her loss. made five theater performances on the stage safety at Southern Connecticut State Univer- ‘‘I guess in moments like this, we are unde- of Mexico City. sity. Ms. Maria Victoria is the perfect recipient of niably proud of her accomplishments, but f just wish she were here for us,’’ he said. the Mr. Amigo award, for she has, over the As the number of students entering the long period of her career, taken her unique GO AFTER THE CROOKS AND CHIS- Westinghouse competition has mounted, song, screen, and stage performances to nu- teachers in both city and suburban schools ELERS WHO ARE DEFRAUDING merous countries, including sold-out perform- THE FEDERAL FOOD STAMP have tried to encourage students to look ances in the United States. A true ambas- upon research as an activity to be enjoyed PROGRAM; SUPPORT THE FOOD sador of her country and her culture, she has for its own sake, rather than for winning STAMP TRAFFICKING AND PEN- prizes. Ward Melville High School’s research been praised by numerous organizations for ALTY ACT OF 1995 program has adopted the motto, ‘‘To Be In It her unconditional commitment to improve mu- Is to Win It.’’ The Bronx High School of tual understanding and cooperation between Science takes a similar approach. Mexico and the United States. Ms. Maria Vic- HON. RON WYDEN Some educators worry, nonetheless, that toria should be recognized for both her artistic students who don’t win at least semifinalist ability, and for her contribution to the commit- OF OREGON status might become discouraged, especially ment of understanding between nations. IN THE HOUSE OF REPRESENTATIVES in light of the fact that many devote two or Mr. Amigo, Ms. Maria Victoria, will receive more years to their projects. ‘‘Kids who Thursday, February 16, 1995 might have the potential to be wonderful re- the red-carpet treatment when she visits searchers later on might come away from Brownsville as the city's honored guest during Mr. WYDEN. Mr. Speaker, today I introduce this experience with a bad taste in their the upcoming Mr. Amigo celebration. During the Food Stamp Trafficking and Prevention mouth,’’ said Carole Greene, an assistant her stay on the border, she will make personal Act of 1995, a measure which will step up the principal at Bronx Science. appearances in the parades and at other fi- penalties levied on criminals intent on tearing Others insist that most students involved esta events. Official welcome receptions will large holes in this Nation's most valuable so- in Westinghouse competitions have wide be staged by organizations in Cameron Coun- cial safety net. enough interests that they are unlikely to ty, TX, and the cities of Brownsville, TX, and Each year, waste, fraud and abuse in the become unraveled over a single contest. Matamoros, Tamaulipas, Mexico. Food Stamp Program costs taxpayers as f I ask my colleagues to join me in extending much as $2 billion. Laundering for cash, or ex- TRIBUTE TO MARIA VICTORIA congratulations to Ms. Maria Victoria for being changing food stamps for contraband items honored with this special award. such as guns or drugs, accounts for hundreds HON. SOLOMON P. ORTIZ f of millions of dollars of that total. Occasionally, this activity occurs through retailers who have OF TEXAS IN HONOR OF SGT. LEWIS J. IN THE HOUSE OF REPRESENTATIVES been initially certified as bona fide grocery PERRY, JR. stores, but which are, in effect, no more than Thursday, February 16, 1995 fronts for the processing of illegal stamp trans- Mr. ORTIZ. Mr. Speaker, I rise today to HON. ROSA L. DeLAURO actions. commend and pay tribute to Ms. Maria Vic- OF CONNECTICUT This activity not only denies fundamental toria, the newly selected Mr. Amigo. IN THE HOUSE OF REPRESENTATIVES nutrition to some of our Nation's most vulner- Every year, members of the Mr. Amigo As- Thursday, February 16, 1995 able citizens. It also destroys public con- sociation, who represent the city of Browns- fidence crucial to the continuation of a very Ms. DELAURO. Mr. Speaker, today I'm ville, TX, travel to Mexico City to select a new pleased to honor a distinguished citizen from valuable program. Mr. Amigo to serve as honored guest of the Hamden, CT, Sgt. Lewis J. Perry, Jr. After 25 I have long been a critic of our Govern- Mr. Amigo festivities in Brownsville, TX. The years of exemplary service, Sergeant Perry ment's lackluster efforts to investigate food Mr. Amigo festivity is a 4-day international will retire this week from the Hamden Police stamp fraud, and bring to justice persons who event in which the United States and Mexico Department. are ripping off the system. Our investigative are joined in celebration of the cultures of I have known Lew Perry for many years and strength at the Food and Consumer Services these neighboring countries. During the Mr. have always found his dedication and com- Division, for example, is about half of what it Amigo celebration, which originated as a pre- passion inspiring. Lew is well known to our was a dozen years agoÐdespite steady Lenten festival, Brownsville citizens participate community for his extraordinary commitment growth in food stamp use and fraud. These in a series of parades, dances, and parties to to his public responsibilities. An exemplary po- personnel cuts make no sense. We need demonstrate the goodwill of both countries. It lice officer and a caring individual, Lew finds more cops on the beat. Improvements in anti- is a well planned, major function which is en- the time to help at every level. During his long fraud technology such as the electronic bene- joyed and eagerly anticipated by many south career, Sergeant Perry has received over 35 fits transfer program will not produce maxi- Texans as well as our winter visitors. commendations and letters of recognition for mum results until we have more people to Ms. Maria Victoria is the 31st Mexican citi- exemplary performance. make cases and bring the crooks to trial. zen to be honored by the Mr. Amigo Associa- In 1982, he was honored as the Police Offi- I have recently pressed my case on this tion. She has been a successful artist whose cer of the Year and earned the respect of his subject with White House domestic advisors. I talent dates back to the Golden Cinema Era of superiors who promoted him in September am hopeful that the administration's welfare Mexican music and films. At the tender age of 1992 to administrative assistant to the chief of reform efforts will improve our capacity to po- 9, with the encouragement of her two sisters, police. Lew Perry stands out as a shining ex- lice fraud in this important program. I believe Maria debuted in ``La Carpa Mexico'' for which ample of the positive effect that one person my position has strong, bi-partisan support in she was paid 9 pesos. In 1949, however, she can have in his community. this House. launched her enormously successful adult ca- Sergeant Perry is also a prominent leader in Beyond increasing our investigative effort, reer at the Teatro Margo in Mexico City. Her his hometown of Clinton, CT. He serves as a we must also look to establishing real pen- first hit, ``Soy Feliz'', catapulted her to the top selectman and as chairman of the Democratic alties that will cause real pain for the chiselers of the popularity charts. Then there followed Town Committee. He has given of his time in who are, quite literally, taking food from the an avalanche of musical hits, to name but a the past as a member of the Board of Finance mouths of this Nation's poverty-stricken elder- few: ``Esta Sellado'', ``Eso'', ``Como un Perro'', and the Planning and Zoning Commission. ly, working poor and defenseless, destitute ``Mi Ultimo Fracaso'', ``Mil Besos'', ``Sabes Lew Perry has compiled a remarkable public children. Que Te Tengo Ganas'' . . . She has ap- record and I know that his wife, Pamela, and The Food Stamp Trafficking Prevention and peared in such classic Mexican films as: his two sons, Michael and Lewis, take great Penalty Act has three important elements. ``Serenata de Acapulco'', ``SÂõ mi Vida'', pride in his many accomplishments. Sergeant First, we will strengthen current forfeiture ``Mujeres de Teatro'', ``No me Vuelvo a Perry is admired by all who benefit from his provisions to allow the Government to take all Enamorar'', ``Monte De Piedad''. For 14 unin- work and his public commitment. assets resulting from, or involved in the com- terrupted years, Maria Victoria has turned to Mr. Speaker, I am proud to salute and mission of food stamp trafficking. I have de- comic roles such as TV series, ``La Criada honor Sgt. Lewis J. Perry, Jr. I commend him vised this language in close cooperation with E 384 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 the inspector general of the Department of Ag- I have always been amazed at the lib- operation between and among the various riculture. We are both convinced that this eral mind, what it can conjure up with States and the Federal Government. toughened penalty is absolutely necessary to a limited vocabulary and fantasize, Americans owe our stability and strength to discourage trafficking, and close down what turn night into day and day into night, our system of governmentÐa system that amounts to a nearly no-fault avenue to crimi- wrong into right, right into wrong by clearly established a constant dynamic be- nal success now present in the system. using words and smoke screens. tween local and Federal jurisdiction. It is the Second, we allow the Secretary of Agri- They would have you believe, for in- defining and reexamining of these basic culture to require that owners of food stores stance, that what we are doing is strengths which provides the appropriate ten- certified to exchange food stamps submit a harmful to national security. People sion to our system. The foundation of our De- valid business license. The intent of this sec- who have dedicated their lives to tear- mocracy is in the understanding that folks tion is to verify that persons in the food stamp ing down our national security are now from Butte, MT to Charlottesville, VA, from networks are actual retailers, and not criminal telling us that what we are doing is Hillsboro, OR to Greenville, MS sustain a fronts set-up primarily to illegally launder the harmful to national security. common bond: Through the orderliness of rep- stamps. A while ago, I went down in the well, resentative government they can truly deter- Third, the bill requires periodic reporting by I was sitting back in the back of the mine their own destiny; and that of their coun- certified stores to ensure that they are indeed Chamber, because down home we have try. in a bona fide business, and are not merely got a saying that ‘‘when people say I urge my colleagues to join me in this cele- fronts for laundering. This can be accom- outrageous things, don’t stand too bration of the 110th anniversary of the Wash- plished in a user-friendly way by requesting close to them because lightning might ington Monument by having the flags of their copies of Federal tax forms which delineate strike.’’ I don’t want to be too close States flown at the base of the monument to volume and scope of business activity. when it strikes. America's first President. Again, the inspector general has argued that Mr. Chairman, we are about doing f this verification procedure is crucial to the pro- out duty to protect the American peo- gram's sound and honest functioning, and I ple and we are going to do it. We want MIDDLE-CLASS TAX RELIEF AND believe my bill creates a system that will be our colleagues on the other side of the JOB CREATION ACT relatively easy and inexpensive for retailers aisle, liberal as they might be, and how certified for food stamp business. they play their game, I do not care. We Mr. Speaker, as Congress moves forward want their help in protecting the HON. NEIL ABERCROMBIE with the welfare reform debate, the holes in American people. We want them to join OF HAWAII system integrity must be closed. Effective wel- us. If they do not want to do it, that is IN THE HOUSE OF REPRESENTATIVES fare reform must be built on a strong founda- their problem. We are going to do it, Thursday, February 16, 1995 tion in order to guarantee taxpayer support anyway. And it is going to be done here and ensure that resources go not to the on this floor. Mr. ABERCROMBIE. Mr. Speaker, I rise crooks but to the people who are most in f today with the cochairs of the Tourism Cau- need. cus, Mr. OBERSTAR and Mr. ROTH, to introduce f WASHINGTON MONUMENT FLAGS legislation based on a commitment to fairness OF THE STATES ACT for the working people of this Nation and a NATIONAL SECURITY sense of the profound need for job creation. REVITALIZATION ACT HON. PAT WILLIAMS Specifically, this legislation would restore a OF MONTANA 100-percent deduction for business meals and SPEECH OF IN THE HOUSE OF REPRESENTATIVES entertainment [M&E] and the spousal travel deduction. HON. FLOYD SPENCE Thursday, February 16, 1995 OF SOUTH CAROLINA The decision to cut the M&E deduction and IN THE HOUSE OF REPRESENTATIVES Mr. WILLIAMS. Mr. Speaker, I am today in- the spousal travel deduction is one of those troducing legislation to assist in the observa- fair-sounding ideas that can have unintended Wednesday, February 15, 1995 tion of the Washington Monument's 110th an- and undesirable consequences. Mr. SPENCE. Mr. Chairman, I yield niversary. My legislation would ring the Wash- Travel, tourism and entertainment constitute myself such time as I may consume. ington Monument with the flags of each of our the third-largest industry in the United States. Mr. Chairman, we are here today con- 50 States. This was the original intent of the Its 1990 payroll was $83 billion and it is an in- sidering H.R. 872. This legislation re- planners of the Mall and I believe an appro- dustry that employs 6 million people. This is sponds to the concerns of the American priate way of demonstrating our unique Fed- an industry whose growth Washington should people. We on this side of the aisle lis- eral and State partnership. support and promote. ten to the American people in many All Americans are rightfully proud of the The next time you are eating lunch in a res- ways. We listen and we learn, and we beauty and symbolism of the Nation's Capital taurant, take a look around at the business are trying to respond to their concerns. and its national monuments. The designers of types. Here's what you probably won't see: The American people want to restore our Capital City, from L'Enfant since, have the stereotype of obscenely rich tycoons sip- and revitalize our national security. sought not only to present our national monu- ping three-martini lunches. What you will see They are outraged when they find that ments but also to present with them expres- are sober, serious middle-class people doing we have no defense against ballistic sion of American ideals. For example, as one business the American way: in face-to-face missiles, which could do irreparable stands in the Jefferson Memorial one has an meetings. harm to them and their loved ones in unobstructed view of the White House. This Meetings are a legitimate cost of doing busi- our country. symbolizes that Jefferson is considered to ness. And until 1986, the cost was fully tax- They cannot understand why we do have given the Presidency the context it has deductible. At that time, the deduction was re- not have a national missile defense. held since his time. As one stands at the feet duced to 80 percent. The effect that has on a They want to know who is responsible. of Lincoln in the Lincoln Memorial, one can business may be as simple as making phone We are trying to respond to those con- see the U.S. Capitol, as a symbol of the nec- calls instead of airline flights. Yet, the ramifica- cerns and tell them who is responsible, essary linkage of the executive with the legis- tions are enormous. and we will try to fix this. They do not lative branch of Government. After all, when business takes its act on the want and do not deserve to be unpro- The Capitol grounds are rich with this type road, there's a big supporting cast: airline pi- tected and naked to something that of symbolism, adding to each American's un- lots, mechanics, luggage handlers, flight at- could destroy all their lives. derstanding. tendants, waiters, waitresses, cooks and res- I understand that our liberal friends I have noted that the flags of our 50 States taurant owners, food service companies and on the other side of the aisle have a are not exhibited together anywhere within the truck drivers, convention caterers and service real problem with what we are about. Capitol or monument grounds. Around the employees, and hotel bell captains and recep- Because we are trying to protect the base of the Washington Monument, one finds tions clerks. American people, it is difficult for 50 flag poles. However, the poles, not inap- They're all middle-class working people. The them not to join in with us. So they propriately, fly American flags. Flying State people who have been victims of misguided have to resort to all kind of tactics. flags would provide the symbolism of the co- economic policy since the 1980's. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 385 Furthermore, we don't want to give our for- phans who without the help of CSI would have the world, including often, by the rest of the eign competitors an advantage over American been left in mental institutions devoid of hope Christian church. workers and American businesses. Thousands for a productive future. It is well known to the Many of the big humanitarian organiza- of foreign travelers criss-cross the country suffering people in southern Sudan whose tions have to respect political constraints, in order to accomplish their work. This means every day. They and their employers know voice has been heard due to the constant ad- there are some people who are suffering in they've got to talk to Americans face-to-face to vocacy of Baroness Cox and the CSI team. repressive regimes whom they cannot help. make sales here. That's why their govern- And it is well-known to the Karen Christians in But we are free to put human rights and hu- mentsÐJapan, South Korea, Taiwan, Burma who, as I am speaking, are fighting for manitarian need before political constraints FranceÐpermit 100-percent deductibility for their lives against the military junta that is bat- and to go where others may not. This may business expenses. If we're to be competitive, tling for control in that country. involve some unorthodox behavior and some we must level the playing field for our own Baroness Cox responds in faith to bring unofficial travel—but it gives us the price- businesses. hope to countless millions. She stands up for less privilege of, as the British advertise- In September 1994, a survey conducted on justice for the persecuted. In the words of ment for a certain brand of lager beer behalf of American Express examined the im- claims, ‘‘Reaching those parts where others Prison Fellowship founder Chuck Colson, ``As cannot reach.’’ pact of the M&E deduction on company William Wilberforce was a voice for the voice- Thus it is that CSI has made it possible for spending, and the ultimate impact on the res- less and stood against his party and fellow us to make several visits, for example, to taurant industry. The study was taken among Parliamentarians in his campaign to end the some of the people of Southern Sudan, many small and mid-sized companies where the im- slave trade in eighteenth-century England, so of them have been cut off from other aid or- pacts would be more pronounced. is Baroness Cox. With Christian compassion ganizations by the brutal policies of the fun- The findings indicated there is a high pro- fused with fierce courage, Lady Cox continues damentalist Islamic Government in Khar- pensity or willingness to enforce behavioral to shun mere observation for frontline partici- toum. The magnitude of the sufferings of the change as the financial impact of the tax law pation.'' William Wilberforce would have been Sundanese people must rank amongst the greatest in the world today: with perhaps 1.5 is felt. proud. I am sure that if a study was conducted on million killed and over 5 million displaced by WILBERFORCE AWARD BANQUET—PRESENTED civil war. Many Southerners have been cap- the spousal travel deduction the results would BY CHUCK COLSON, PRISON FELLOWSHIP tured and enslaved by Northerners—so I be- be similar. The following speech was given by the Bar- lieve the spirit of Wilberforce would be striv- I ask my colleagues to support us in this ef- oness Caroline Cox of Queensbury, Deputy ing for their freedom as much as he strove fort and work with us to ensure that it is in- Speaker of Britain’s House of Lords, on Feb- for those who suffered as slaves in his own cluded in any middle-class tax relief legislation ruary 1, 1995 in Washington, DC, during the day. Just 2 Weeks ago, CSI organized an- that comes before the 104th Congress. events surrounding the National Prayer other mission to people so cut off that they f Breakfast, Baroness Cox was honored for her had absolutely no medicines; many were lit- courageous acts and stand for justice on be- erally starving, many were naked and very CAROLINE COX AND CHRISTIAN half of the suffering and oppressed people of cold as the temperatures fall steeply at SOLIDARITY INTERNATIONAL the world. In the words of Chuck Colson: ‘‘As night. We took medicines and we plan to re- BRINGING HOPE TO THE SUF- William Wilberforce was a voice for the turn with more urgently needed supplies. We FERING voiceless and stood against his party and fel- were also able to take with us the exiled low Parliamentarians in his campaign to end Roman Catholic Bishop of El Obeid; I am not the slave trade in eighteenth-century Eng- a Catholic, but I wish you could have shared HON. FRANK R. WOLF land, so is Baroness Cox. With Christian with me the happiness of seeing the rejoicing OF VIRGINIA compassion fused with fierce courage, Lady of people who had not seen a Bishop or been IN THE HOUSE OF REPRESENTATIVES Cox continues to shun mere observation for able to celebrate mass for 20 years. Thursday, February 16, 1995 frontline participation.’’ It was CSI who made it possible for me to Mr. Chairman, Distinguished Guests, visit the Karen people of Burma last Novem- Mr. WOLF. Mr. Speaker, I commend to our Brothers and Sisters in Christ, ber, an ethnic minority ferociously per- colleagues' attention a speech given recently I stand before you this evening filled with secuted by the SLORC regime. Many have by Baroness Caroline Cox, Deputy Speaker of deep emotions. First, I feel both humble and been forced into slave labour, others live as Britain's House of Lords, when she received proud to be associated with the name of Wil- stateless, displaced people, trapped in the the William Wilberforce Award. liam Wilberforce. Wilberforce used to be de- jungle. Recently, the SLORC Regime has scribed as a ‘‘shrimp’’; I feel about the same stepped up its military offensive against the The award, named after the great 19th cen- size as a shrimp in comparison with him and Karen, forcing tens of thousands more to flee tury political reformer who dedicated his ca- also with the distinguished predecessors who as refugees to Thailand, and trapping many reer to outlawing the slave trade in England, have been honored with the Award in pre- more behind their own lines, where capture is given to a person who exhibits moral wit- vious years. will mean a fate worse than death. ness and willingness to stand up for unpopular But I am also full of gratitude for the op- It was CSI which reached the Armenian causes. portunity this occasion gives me to pay trib- people in January 1992, when they were Lady Cox is a woman with a heart for the ute to those in Christian Solidarity Inter- blockaded, besieged, bombarded in their an- suffering, the oppressed, and the persecuted. national (CSI) who make my work possible cient homeland of Nagorno Karabakh, a and, above all, I value the opportunity to beautiful part of historic Armenia cruelly re- Her work and that of Christian Solidarity Inter- honour the suffering people whom it has located by Stalin as an Isolated enclave in national, an interdenominational Christian been our privilege to be with in dark and dif- Azerbaijan. Azerbaijan has adopted an ex- human rights organization, has brought hope ficult days—people suffering from oppres- plicit policy of ethnic cleansing of the Arme- to thousands. I have travelled with Lady Cox sion, persecution, slavery and attempted nians from Karabakh. Karabakh is a beau- and have been a witness to the way she min- genocide. tiful land with some of the most ancient istersÐshowing love, respect, and compas- I would therefore like to spend some of my Christian churches in the world, the Arme- sion equally for the little children and high- allotted time saying a few words about the nians being the first nation to accept Chris- level government officials. She is a woman work of CSI, without whom I would not be tianity. The Armenians who live there have here tonight, and then to spend the rest of been fighting for the survival of their fami- who lives out her faith in Jesus Christ by my time honouring those people whom we lies, homes, homeland and their—and our— doing what He admonishes in Matthew 25: try to serve, who always inspire us with Christian heritage. It has been a battle When I was hungry you gave me something their courage, generosity, graciousness, faith against impossible odds, like David and Goli- to eat, I was thirsty and you gave me some- and dignity. ath. 150,000 Armenians are defending their thing to drink, I was a stranger and you in- CSI is an interdenominational Christian land against 7 million-strong Azerbaijan, vited me in, I needed clothes and you clothed human rights organization which tries to helped by Turkey and literally thousands of me, I was in prison and you came to visit me. help victims of repression, regardless of their mujahadeen mercenaries. In that bitter Jan- * * * Whatever you do for the least of these, colour, creed or nationality. But as Chris- uary, we found the besieged and blockaded you also do for me. tians, we have an additional concern; we are Armenians suffering casualties caused by The work of Christian Solidarity International reminded of St. Paul’s message to the church constant bombardment, without any anes- may not be well-known to us here, but it is in Corinth, that when one part of the body of thetics or pain-killing drugs, with only Christ suffers, all suffer. vodka to try to relieve the suffering. Return- well-known to the Armenians in war-torn CSI’s particular focus is on forgotten peo- ing to Britain, I could not sleep thinking Nagorno-Karabakh who had their pain relieved ples in forgotten lands; on places which do about their predicament; and it was CSI when CSI brought desperately needed medi- not appear on your TV screens or the front which, without the requisite money, re- cal supplies to the tiny beleaguered enclave. It pages of newspapers. We try to be with those sponded in faith and enabled us to obtain is well-known to the thousands of Russian or- who feel—and are—forgotten by the rest of supplies of morphine, cocaine powder (for E 386 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 eye injuries), omnopon and fentanyl. The the fishes. A man with 20 loaves of bakery symbol: instead of swords into ploughshares, challenge of taking this consignment of barley bread was told by Elisha to distribute bombs into bells. But sadly, now, the bombs drugs, street value incalculable, across Eu- them to feed a crowd of 100 hungry people. In are raining down on the Karen and they need rope to the depths of Karabakh was rather a crisis of confidence, he asked what use our prayers as many suffer the afflictions of daunting. God sometimes asks us to do they could be among so many; but Elisha re- war, or as slaves inside Burman, or as refu- strange things: I had to turn myself into an plied, ‘‘Give it to the people to eat. For this gees in Thailand. unofficial drug runner! But we were able to is what the Lord says: They will eat and Finally, our Armenian Christian brothers return to Karabakh within 12 days with have some left over.’’ And indeed they did and sisters in Karabakh. Those who have those desperately needed supplies. If anyone eat and some left over. That message was a heard me speak before will have heard exam- would like to know how we did it, I am pre- comfort. We in CSI hope that God can use ples of their faith and their witness to a love pared to tell you the secret, for a contribu- our pathetic, meager resources in ways we which transcends suffering. I only have time tion to our next consignment to Karabakh— cannot understand. At times it seems that for one vignette. At the beginning of the our 24th—when we will be taking a team of the message on a notepad given me by my process of attempted ethnic cleansing, Azer- Christian volunteers to build a rehabilita- daughter could be our motto, ‘‘I do not be- baijan undertook a series of deportations of tion center for amputees, because there are lieve in miracles, I rely on them.’’ entire villages. They were brutal operations, no facilities for artificial limbs in Karabakh, Before I conclude, I wish to pay especial in which innocent villagers were rounded up, for the hundreds of people, including chil- tribute to those whom we have been privi- many were maltreated, some murdered; dren, with amputations caused by the war. leged to meet and to be with in their dark homes were ransacked; then the people were And it was CSI which reached another, dif- and difficult days. I wish I had longer to tell forcibly driven off their land, unable to take ferent kind of forgotten people: orphans suf- you about their courage, generosity, gra- anything with them. After one of these ter- fering in the Soviet Union. During a Human ciousness and dignity. A few examples must rible events, at Getashen, a farmer managed Rights Conference in Leningrad in 1990, speak for many more. to escape into the mountains. On top of a newly elected Russian Deputies asked us to Come with me to Southern Sudan, where hill there he saw a fruit tree in blossom and investigate the plight of children taken into the people are dying around us from starva- care, whom they suspected were incorrectly looked for solace under this tree; only to find tion and disease; those who are still alive are as he approached the tree a little five year diagnosed as mentally handicapped or suffering from hunger, thirst, nakedness and ‘‘oligophrenic’’. Once classified, they were old girl hanging from its branches, her tiny the constant fear of attack and enslavement. body cut in two. As he looked upon the little shut away in special orphanages, deprived of But despite their suffering, they still smile a proper education, often abused physically girl, he swore revenge. Two years later, he with the famous Sudanese smile. Join me as and his comrades had the opportunity to and by drugs. As they grew up, they were de- the Bishop speaks to his people at mass in nied all basic human rights, could not vote take back an Armenian village taken by the what they called their ‘‘cathedral’’ under a Azeris. He now had the opportunity for re- or drive, and were forced to work in condi- tamarind tree: tions which were, in effect, slave labour. venge. With tears steaming down his face, he Children who resisted or ran away were ‘‘This most beautiful cathedral, not built told me: ‘‘But I couldn’t make myself harm sent to psychiatric hospitals, where they with human hands, but by nature and by a child—I failed and was unable to keep my were often subjected to torture by drugs. I God, is filled with the people of God, and es- vow.’’ I replied, your reward will be crown of visited some of these children and returned pecially with children. glory. He in turn replied, ‘‘That crown we to Britain full of anguish. Many seemed to be ‘‘We must tell our brothers and sisters that wear is a crown of thorns.’’ bright, able youngsters, but doomed to lives the people here are still full of hope and that Those whom we are privileged to meet dur- without hope. I will never forget the pale, they still smile in spite of suffering and per- ing CSI’s ministry are indeed wearing their haunted faces of Serge and Dmitri, two ar- secution. crown of thorns with great dignity. They suf- ticulate 14-year-old boys in a grim psy- ‘‘Those smiles put us to shame. Your peo- fer from man’s inhumanity to man, like chiatric hospital, not mentally ill, but ple have suffered slavery, but you are not those for whom William Wilberforce felt so tanked-up with drugs and Dmitri’s heart- slaves to the world but children of God, our deeply and for whom he fought so valiantly. breaking plea, ‘Please will you find me a God who has told us we can call Him ‘‘Abba’’ These words of the Bishop of Karabakh speak mother? I want to get out of here!’’ or ‘‘Father’’. Christianity gives us liberty; for them all, with their affirmation of faith, It was CSI who again reacted in faith and therefore we are no longer slaves but free: their challenge to us, and their magnificent, responded to a request from Russian col- children of liberty, freedom and truth. But resounding commitment to that love which leagues who were deeply worried about the we live in a bad world. Many of your people must be the hallmark of Christian faith and situation, by funding a visit by a multidisci- have been sold into slavery. But for me that witness: plinary team to undertake research in or- is not to become a slave. Slavery is not a ‘‘The help of God is great and immeas- phanages in Moscow and St. Petersburg. The matter of the colour of the skin. The real urable when the human heart turns to Him findings shook the system; over 2⁄3 of those slave is a person who lives in sin; who does with fervour. Our nation has again begun to classified and treated as ‘‘oligophrenic’’ were injustice to brothers and sisters; and who find its faith and is praying in churches, cel- of average or above average mental ability. kills them. That person is a slave to sin. lars and in the field of battle, defending its We published the findings in a report called ‘‘Some people feel naked because they have life and the life of those who are near and ‘‘Trajectories of Despair: Misdiagnosis and no clothes and they try to cover themselves dear. It is not only the perpetrators of crime Maltreatment of Soviet Orphans.’’ This has because of their embarrassment. But this is and evil who commit sin, but also those who since been translated into Russian and is not real nakedness. True nakedness is to be stand by—seeing and knowing—and who do serving as a basis for policy reform. Many without love. Therefore to be clothed in love: not condemn it or try to avert it. Blessed are children previously classified as oligophrenic this is Christianity. It is not a shirt that you the peacemakers, for they will be called sons have now been reclassified and can lead nor- can take on or take off; but to wear the faith of God. We do not hate: we believe in God. If mal lives. We are also trying to establish and love of the Christian faith is as a way of we want God’s victory, we must love. Even if projects in Moscow, with Russian colleagues, life and witness to it, even to those who do there are demonic forces at work, not only in to help change the policy of child care not believe in Christ. this conflict, but in other parts of the world, throughout the Russian Federation. ‘‘So as we go away, do not think we leave we must still love.’’ So I would like to emphasize that I am you or forget you. There are still many good So, I finish by thanking you for the great honored to receive this award, not for my- people in the world and you will be remem- honour you have given me, and for the op- self, but on behalf of CSI. I was recently bered as people who are closest to God be- portunity to honour others who carry for- reading a biography of William Wilberforce cause you are carrying the cross, every day ward the spirit of William Wilberforce. May and was struck by this sentence: ‘‘The man obeying Christ’s command to take up His I leave you some lines by John Harriott, SJ, who resembled a shrimp . . . had shown the cross and to follow Him. We will pray for quoted by Max Warren in an article in ‘‘New world that a righteous cause, coupled with you. But prayer without action is dead, as Fire’’ (Winter, 1975, p. 453): determination and motivated by faith in a faith without deed is dead. Our love will be Let us open the clenched fish and extend loving God, can produce miracles.’’ (He Freed in action for you. I came, saw, heard, the open palm. Britain’s Slaves’, Charles Ludwig, p. 203.) touched, and I am enriched.’’ Let us mourn till others are comforted, We in CSI always feel so inadequate; we Now please come for a brief glimpse of the weep till others laugh. are inadequate. But we hope God can use our Christian church amongst the persecuted Let us be sleepless till all can sleep efforts. I remember on my way into Burma, Karen people of Burma. Just one image: I untroubled. I was feeling acutely depressed as I thought, and my CSI colleagues (a splendidly inter- Let us be frugal till all are filled. ‘‘What on earth can we do with our meager denominational mixture of Pentecostal, Let us give till all have received. resources to begin to help the Karen people Evangelical, Russian Orthodox and myself Let us make no claim till all have had with their massive problems?’’ Then in my (Anglican ‘Unorthodox’), went to worship at their due. morning Bible reading I found the message the nearest church in the jungle—a Baptist Let us be slaves till all are free. in Second Kings 4:42–44, the Old Testament church. A Bell was sounding out—a bell Let us lay down our lives till all have life forerunner of the parable of the loaves and made from a Burmese bomb. A modern-day abundantly. February 16, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 387 FIFTY YEARS OF RESEARCH ON Peterson, John M. 1957. Employment Ef- Williams, Walter. 1977b. Youth and Minor- THE MINIMUM WAGE fects of Minimum Wages, 1938–50. Journal of ity Unemployment. Study prepared for the Political Economy, vol. 65 (October): 412–430. Joint Economic Committee, U.S. Congress. Peterson, John M., and Stewart, Charles Joint Committee Print, 95th Congress, 1st HON. JIM SAXTON T., Jr. 1969. Employment Effects of Minimum session. Washington: U.S. Government Print- Wage Rates. Washington: American Enter- ing Office. OF NEW JERSEY prise Institute. THE MINIMUM WAGE HELPED SOUTH AFRICAN IN THE HOUSE OF REPRESENTATIVES THE MINIMUM WAGE REDUCES EMPLOYMENT AND WHITES AT THE EXPENSE OF BLACKS Thursday, February 16, 1995 REAL FEDERAL MINIMUM WAGES. JOURNAL OF Bauer, P.T. 1959. Regulated Wages in POLITICAL ECONOMY, VOL. 81 (MARCH/APRIL): Under-developed Countries. In The Public Mr. SAXTON. Mr. Speaker, for many years 435–441. Stake in Union Power, ed. Philip D. Bradley. it has been a matter of conventional wisdom Brown, Charles; Gilroy, Curtis; and Kohen, Charlottesville, VA: University of Virginia among economists that the minimum wage Andrew. 1981a. Effects of the Minimum Wage Press, 324–349. causes fewer jobs to exist than would be the on Youth Employment and Unemployment. THE MINIMUM WAGE HURTS BLACKS GENERALLY In Minimum Wage Study Commission (1981), case without it. This is simply a matter of price Behrman, Jere R.; Sickles, Robin C.; and vol. 5, pp. 1–26. theory, taught in every economics textbook, Taubman, Paul. 1983. The Impact of Mini- Brown, Charles; Gilroy, Curtis; and Kohen, requiring no elaborate analysis to justify. Were mum Wages on the Distributions of Earnings Andrew. 1981b. Time-Series Evidence of the this not case, there would be no logical reason for Major Race-Sex Groups: A Dynamic Effect of the Minimum Wage on Teenage Analysis. American Economic Review, vol. 73 why the minimum wage could not be set at Employment and Unemployment. In Mini- (September): 766–778. $10 or $400 per hour. mum Wage Study Commission (1981), vol. 5, Linneman, Peter. 1982. The Economic Im- Historically, defenders of the minimum wage pp. 103–127. pacts of Minimum Wage Laws: A New Look have not disputed the disemployment effects Fleisher, Belton M. 1981. Minimum Wage at an Old Question. Journal of Political Regulation in Retail Trade. Washington: of the minimum wage. Rather, they argued Economy, vol. 90 (June): 443–469. that there was a redistributive effect that left American Enterprise Institute. THE MINIMUM WAGE HURTS THE UNSKILLED the working poor better off. In other words, the Hammermesh, Daniel S. 1982. Minimum higher incomes of those with jobs offset the Wages and the Demand for Labor, Economic Krumm, Ronald J. 1981. The Impact of the Inquiry, vol. 20 (July): 365–380. Minimum Wage on Regional Labor Markets. lower incomes of those without jobs, as a re- Meyer, Robert H., and Wise, David A, 1981. Washington: American Enterprise Institute. sult of the minimum wage. Discontinuous Distributions and Missing THE MINIMUM WAGE HURTS LOW WAGE WORKERS Now, the Clinton administration is advancing Persons: The Minimum Wage and Unem- Brozen, Yale. 1962. Minimum Wage Rates the novel economic theory that modest in- ployed Youth. In Minimum Wage Study and Household Workers. Journal of Law and Commission (1981), vol. 5, pp. 175–201. creases in the minimum wage will have no im- Economics, vol. 5 (October): 103–109. Meyer, Robert H., and Wise, David A. 1983a. pact whatsoever on employment. Some ad- Cox, James C., and Oaxaca, Ronald L. 1982. The Effects of the Minimum Wage on the ministration officials have even hinted that The Political Economy of Minimum Wage Employment and Earnings of Youth. Journal raising the minimum wage can raise employ- Legislation. Economic Inquiry, vol. 20 (Octo- of Labor Economics, vol. 1 (January): 66–100. ber): 533–555. ment. This proposition in based entirely on the Minimum Wage Study Commission. 1981. Gordon, Kenneth. 1981. The Impact of Mini- work of three economists: David Card and Report, 7 vols. Washington: U.S. Government mum Wages on Private Household Workers. Alan Krueger of Princeton, and Lawrence Katz Printing Office. In Rottenberg (1981a): 191–209. of Harvard. Their studies of increases in the Neumark, David, and Wascher, William. minimum wage in California, Texas, and New 1992. Employment Effects of Minimum and THE MINIMUM WAGE HURTS LOW WAGE WORKERS Jersey apparently found no loss of jobs Subminimum Wages: Panel Data on State PARTICULARLY DURING CYCLICAL DOWNTURNS among fast food restaurants that were sur- Minimum Wage Laws. Industrial and Labor Kosters, Marvin, and Welch, Finis. 1972. veyed before and after the increase. Relations Review, vol. 46 (October): 55–81. The Effects of Minimum Wages on the Dis- Ragan, James F., Jr. 1977. Minimum Wages tribution of Changes in Aggregate Employ- It is not yet clear how or why Card, Katz, and the Youth Labor Market. Review of Eco- ment. American Economic Review, vol. 62 and Krueger got the results that they did. It is nomics and Statistics, vol. 59 (May): 129–136. (June): 323–332. clear, however, that their findings are directly Vandenbrink, Donna C. 1987. The Minimum Welch, Finis. 1974. Minimum Wage Legisla- contrary to virtually every empirical study ever Wage: No Minor Matter for Teens. Economic tion in the United States. Economic Inquiry, done on the minimum wage. These studies Perspectives, Federal Reserve Bank of Chi- vol. 12 (September): 285–318. were exhaustively surveyed by the Minimum cago, vol. 11 (March/April): 19–28. THE MINIMUM WAGE INCREASES JOB TURNOVER Welch, Finis. 1974. Minimum Wage Legisla- Wage Study Commission, which concluded Hall, Robert E. 1982. The Minimum Wage tion in the United States. Economic Inquiry, that a 10-percent increase in the minimum and Job Turnover in Markets for Young vol. 12 (September): 285–318. Workers. In The Youth Labor Market Prob- wage reduced teenage employment by 1 to 3 Welch, Finis. 1978. Minimum Wages: Issues lem: Its Nature, Causes, and Consequences, percent. and Evidence. Washington: American Enter- ed. Richard B. Freeman and David A. Wise, The following survey of the academic re- prise Institute. pp. 475–497. Chicago: University of Chicago search on the minimum wage is designed to Welch, Finis, and Cunningham, James. Press. give nonspecialists a sense of just how iso- 1978. Effects of Minimum Wages on the Level lated the Card, Krueger, and Katz studies are. and Age Composition of Youth Employment. THE MINIMUM WAGE REDUCES AVERAGE EARNINGS OF YOUNG WORKERS It will also indicate that the minimum wage has Review of Economics and Statistics, vol. 60 wide-ranging negative effects that go beyond (February): 140–145. Meyer, Robert H., and Wise, David A. 1983b. Discontinuous Distributions and Missing unemployment. For example, higher minimum THE MINIMUM WAGE REDUCES EMPLOYMENT MOST AMONG BLACK TEENAGE MALES Persons: The Minimum Wage and Unem- wages encourage employers to cut back on ployed Youth. Econometrica, vol. 51 (Novem- Al-Salam, Nabeel; Quester, Aline; and training, thus depriving low-wage workers of ber): 1677–1698. Welch, Finis. 1981. Some Determinants of the an important means of long-term advance- The minimum wage drives workers into Level and Racial Composition of Teenage uncovered jobs, thus lowering wages in those ment, in return for a small increase in current Employment. In Rottenberg (1981a): 124–154. sectors. income. For many workers this is a very bad Iden, George. 1980. The Labor Force Experi- Brozen, Yale. 1962. Minimum Wage Rates tradeoff, but one for which the law provides no ence of Black Youth: A Review. Monthly and Household Workers. Journal of Law and alternative. Labor Review, vol. 103 (August): 10–16. Economics, vol. 5 (October): 103–109. Mincer, Jacob. 1976. Unemployment Effects SUMMARY OF RESEARCH ON THE MINIMUM Tauchen, George E. 1981. Some Evidence on of Minimum Wages. Journal of Political WAGE Cross-Sector Effects of the Minimum Wage. Economy, vol. 84 (August): S87–S104. Journal of Political Economy, vol. 89 (June): THE MINIMUM WAGE REDUCES EMPLOYMENT Moore, Thomas G. 1971. The Effect of Mini- 529–547. Currie, Janet, and Fallick, Bruce. 1993. A mum Wages on Teenage Unemployment Welch, Finis. 1974. Minimum Wage Legisla- Note on the New Minimum Wage Research. Rates. Journal of Political Economy, vol. 79 tion in the United States. Economic Inquiry, National Bureau of Economic Research (July/August): 897–902. vol. 12 (September): 285–318. Working Paper No. 4348 (April). Ragan, James F., Jr. 1977. Minimum Wages Gallasch, H.F., Jr. 1975. Minimum Wages and the Youth Labor Market. Review of Eco- THE MINIMUM WAGE REDUCES EMPLOYMENT IN and the Farm Labor Market. Southern Eco- nomics and Statistics, vol. 59 (May): 129–136. LOW-WAGE INDUSTRIES, SUCH AS RETAILING nomic Journal, vol. 41 (January): 480–491. Williams, Walter. 1977a. Government Sanc- Cotterman, Robert F. 1981. The Effects of Gardner, Bruce. 1981. What Have Minimum tioned Restraints that Reduce Economic Op- Federal Minimum Wages on the Industrial Wages Done in Agriculture? In Rottenberg portunities for Minorities. Policy Review Distribution of Teenage Employment. In (1981a): 210–232. (Fall): 7–30. Rottenberg (1981a): 42–60. E 388 CONGRESSIONAL RECORD — Extensions of Remarks February 16, 1995 Douty, H.M. 1960. Some Effects of the $1.00 Leffler, Keith b. 1978. Minimum Wages, Grossman, Jean B. 1983. The Impact of the Minimum Wage in the United States. Welfare, and Wealth Transfers to the Poor. Minimum Wage on Other Wages. Journal of Economica, vol. 27 (May): 137–147. Journal of Law and Economics, vol. 21 (Octo- Human Resources, vol. 18 (Summer): 359–378. Fleisher, Belton M. 1981. Minimum Wage ber): 345–358. THE MINIMUM WAGE INCREASES TEENAGE CRIME Regulation in Retail Trade. Washington: THE MINIMUM WAGE HURTS THE POOR RATES American Enterprise Institute. GENERALLY Hashimoto, Masanori. 1987. The Minimum Hammermesh, Daniel S. 1981. Employment Stigler, George J. 1946. The Economics of Wage Law and Youth Crimes: Time-Series Demand, the Minimum Wage and Labor Minimum Wage Legislation. American Eco- Evidence. Journal of Law and Economics, Costs. In Minimum Wage Study Commission nomic Review, vol. 36 (June): 358–365. vol. 30 (October): 443–464. (1981), vol. 5, pp. 27–84. Phillips, Llad. 1981. Some Aspects of the Peterson, John M. 1981. Minimum Wages: THE MINIMUM WAGE DOES LITTLE TO REDUCE Social Pathological Behavior Effects of Un- Measures and Industry Effects. Washington: POVERTY employment among Young People. In American Enterprise Institute. Bonilla, Carlos E. 1992. Higher Wages, Great- Rottenberg (1981a): 174–190. THE MINIMUM WAGE HURTS SMALL BUSINESSES er Poverty. Washington: Employment Poli- THE MINIMUM WAGE ENCOURAGES EMPLOYERS GENERALLY. cies Institute. TO HIRE ILLEGAL ALIENS Kaun, David E. 1965. Minimum Wages, Fac- Brown, Charles, 1988. Minimum Wage tor Substitution and the Marginal Producer. Laws: Are They Overrated? Journal of Eco- Beranek, William. 1982. The Illegal Alien Quarterly Journal of Economics, vol. 79 (Au- nomic Perspectives, vol. 2 (Summer): 133–145. Work Force, Demand for Unskilled Labor, gust): 478–486. Johnson, William R., and Browning, Edgar and the Minimum Wage. Journal of Labor K. 1983. The Distributional and Efficiency Ef- Research, vol. 3 (Winter): 89–99. THE MINIMUM WAGE CAUSES EMPLOYERS TO CUT fects of Increasing the Minimum Wage: A BACK ON TRAINING. FEW WORKERS ARE PERMANENTLY STUCK AT Simulation. American Economic Review, vol. THE MINIMUM WAGE Hashimoto, Masanori. 1981. Minimum 73 (March): 204–211. Brozen, Yale. 1969. The Effect of Statutory Wages and On-the-Job Training. Washington: Kohen, Andrew I., and Gilroy, Curtis L. Minimum Wage Increases on Teen-age Em- American Enterprise Institute. 1981. The Minimum Wage, Income Distribu- ployment. Journal of Law and Economics, Hashimoto, Masanori. 1982. Minimum Wage tion, and Poverty. In Minimum Wage Study vol. 12 (April): 109–122. Effects on Training on the Job. American Commission (1981), vol. 7, pp. 1–30. Smith, Ralph E., and Vavrichek, Bruce, Economic Review, vol. 72 (December): 1070– Parsons, Donald, O. 1980. Poverty and the 1992. The Mobility of Minimum Wage Work- 1087. Minimum Wage. Washington: American En- ers. Industrial and Labor Relations Review, Leighton, Linda, and Mincer, Jacob. 1981. terprise Institute. vol. 46 (October): 82–88. The Effects of Minimum Wages on Human Smith, Ralph E., and Vavrichek, Bruce. Capital Formation. In Rottenberg (1981a): 1987. The Minimum Wage: its Relation to In- THE MINIMUM WAGE HAS HAD A MASSIVE IMPACT 155–173. comes and Poverty. Monthly Labor Review, ON UNEMPLOYMENT IN PUERTO RICO Ragan, James F., Jr., 1981. The Effect of a vol. 110 (June): 24–30. Freeman, Alida Castillo, and Freeman, Legal Minimum Wage on the Pay and Em- THE MINIMUM WAGE HELPS UPPER INCOME Richard B. 1991. Minimum Wages in Puerto ployment of Teenage Students and FAMILIES Rico: Textbook Case of a Wage Floor? Na- Nonstudents. In Rottenberg (1981a): 11–41. tional Bureau of Economic Research Work- Bell, Carolyn Shaw. 1981. Minimum Wages THE MINIMUM WAGE HAS LONG-TERM EFFECTS ing Paper No. 3759 (June). and Personal Income. In Rottenberg (1981a): ON SKILLS AND LIFETIME EARNINGS. Rottenberg, Simon. 1981b. Minimum Wages 429–458. in Puerto Rico. In Rottenberg (1981a): 327– Brozen, Yale. 1969. The Effect of Statutory Datcher, Linda P., and Loury, Glenn C. 339. Minimum Wage Increases on Teen-age Em- 1981. The Effect of Minimum Wage Legisla- ployment. Journal of Law and Economics, tion on the Distribution of Family Earnings THE MINIMUM WAGE HAS REDUCED EMPLOYMENT vol. 12 (April): 109–122. Among Blacks and Whites. In Minimum IN FOREIGN COUNTRIES Feldstein, Martin. 1973. The Economics of Wage Study Commission (1981), vol. 7, pp. Forrest, David. 1982. Minimum Wages and the New Unemployment. The Public Interest 125–146. Youth Unemployment: Will Britain Learn (Fall): 14–15. Johnson, William R., and Browning, Edgar from Canada? Journal of Economic Affairs, THE MINIMUM WAGE LEADS EMPLOYERS TO CUT K. 1981. Minimum Wages and the Distribu- vol. 2 (July): 247–250. BACK ON FRINGE BENEFITS. tion of Income. In Minimum Wage Study Corbo, Vittorio. 1981. The Impact of Mini- McKenzie, Richard B. 1980. The Labor Mar- Commission (1981), vol. 7, pp. 31–58. mum Wages on Industrial Employment in ket Effects of Minimum Wage Laws: A New Kohen, Andrew I., and Gilroy, Curtis L. Chile. In Rottenberg (1981a): 340–356. Perspective. Journal of Labor Research, vol. 1981. The Minimum Wage, Income Distribu- Gregory, Peter. 1981. Legal Minimum 1 (Fall): 255–264. tion, and Poverty. In Minimum Wage Study Wages as an Instrument of Social Policy in Commission (1981), vol. 7, pp. 1–30. Less Developed Countries, with Special Ref- Wessels, Walter J. 1980. Minimum Wages, erence to Costa Rica. In Rottenberg (1981a): Fringe Benefits, and Working conditions. THE MINIMUM WAGE HELPS UNIONS 377–402. Washington: American Enterprise Institute. Linnerman, Peter. 1982. The Economic Im- Rosa, Jean-Jacques. 1981. The Effect of THE MINIMUM WAGE ENCOURAGES EMPLOYERS pacts of Minimum Wage Laws: A New Look Minimum Wage Regulation in France. In TO INSTALL LABOR-SAVING DEVICES. at an Old Question. Journal of Political Rottenberg (1981a): 357–376. Trapani, John M., and Moroney, J.R. 1981. Economy, vol. 90 (June): 443–469. CHARACTERISTICS OF MINIMUM WAGE WORKERS. The Impact of Federal Minimum Wage Laws Cox, James C., and Oaxaca, Ronald L. 1982. Employment Policies Institute. 1994. The on Employment of Seasonal cotton farm The Political Economy of Minimum Wage Low-Wage Workforce. Washington: Employ- Workers. In Rottenberg (1981a): 233–246. Legislation. Economic Inquiry, vol. 20 (Octo- ment Policies Institute. THE MINIMUM WAGE HURTS LOW-WAGE REGIONS, ber): 533–555. Haugen, Steven E., and Mellor, Earl F. THE MINIMUM WAGE LOWERS THE CAPITAL 1990. Estimating the Number of Minimum SUCH AS THE SOUTH AND RURAL AREAS Wage Workers. Monthly Labor Review, vol. 113 Colberg, Marshall R. 1960. Minimum Wage STOCK (January): 70–74. Effects on Florida’s Economic Development. McCulloch, J. Huston, 1981. Macroeconomic Kniesner, Thomas J. 1981. The Low-Wage Journal of Law and Economics, vol. 3 (Octo- Implications of the Minimum Wage. In Workers: Who Are They? In Rottenberg ber): 106–117. Rottenberg (1981a): 317–326. (1981a): 459–481. Colberg, Marshall. 1981. Minimum Wages THE MINIMUM WAGE INCREASES INFLATIONARY Mellor, Earl F. 1987. Workers at the Mini- and the Distribution of Economic Activity. mum Wage or Less: Who They Are and the PRESSURE Jobs They Hold. Monthly Labor Review, vol. In Rottenberg (1981a): 247–263. Adams, F. Gerard. 1987. Increasing the 110 (July): 34–38. Krumm, Ronald J. 1981. The Impact of the Minimum Wage: The Macroeconomic Im- Mellor, Earl F., and Haugen, Steven E. Minimum Wage on Regional Labor Markets. pacts. Briefing Paper, Economic Policy In- 1986. Hourly Paid Workers: Who They Are Washington: American Enterprise Institute. stitute (July). and What They Earn. Monthly Labor Review, THE MINIMUM WAGE INCREASES THE NUMBER OF Brozen, Yale. 1966. Wage Rates, Minimum vol. 109 (February): 20–26. PEOPLE ON WELFARE Wage Laws, and Unemployment. New Indi- Smith, Ralph E., and Vavrichek, Bruce. 1987. The Minimum Wage: Its Relation to In- Brandon, Peter D. 1995. Jobs Taken by Moth- vidualist Review, vol. 4 (Spring): 24–33. comes and Poverty. Monthly Labor Review, ers Moving from Welfare to Work and the Ef- Gramlich, Edward M. 1976. Impact of Mini- vol. 110 (June): 24–30. fects of Minimum Wages on this Transition. mum Wages on Other Wages, Employment, Van Giezen, Robert W. 1994. Occupational Washington: Employment Policies Institute and Family Incomes. Brookings Papers on Wages in the Fast-Food Industry. Monthly Foundation. Economic Activity (No. 2): 409–461. Labor Review, vol. 117 (August): 24–30. Thursday, February 16, 1995 Daily Digest Senate

HIGHLIGHT House passed the national security revitalization bill. Senate Senate will resume consideration of the resolution Chamber Action on Wednesday, February 22, 1995. Routine Proceedings, pages S2771–S2905 Messages From the President: Senate received the Measures Introduced: Thirty bills and one resolu- following messages from the President of the United tion were introduced, as follows: S. 427–456, and S. States: Con. Res. 8. Pages S2822±23 Transmitting a report relative to chemical and bi- Measures Passed: ological weapons; referred to the Committee on Congressional Recess: Senate agreed to H. Con. Banking, Housing, and Urban Affairs. (PM–19). Res. 30, providing for an adjournment of the House Page S2821 of Representatives from Thursday, February 16, Transmitting a report relative to nuclear, chemical 1995, until Tuesday, February 21, 1995, and for a and biological weapons; referred to the Committee recess/adjournment of the Senate from Thursday, on Banking, Housing, and Urban Affairs. (PM–20). February 16, 1995, until Wednesday, February 22, Pages S2821±22 1995. Page S2804 Nominations Received: Senate received the follow- Indian Education: Committee on Indian Affairs ing nominations: Routine lists in the Air Force, was discharged from further consideration of S. 377, Army, Coast Guard, Marine Corps. Pages S2905±06 to amend a provision of part A of title IX of the El- Messages From the President: Pages S2821±22 ementary and Secondary Education Act of 1965, re- lating to Indian education, to provide a technical Messages From the House: Page S2822 amendment, and the bill was then passed. Page S2820 Executive Reports of Committees: Page S2822 Balanced Budget Constitutional Amendment: Statements on Introduced Bills: Pages S2823±89 Senate continued consideration of H.J. Res. 1, pro- Additional Cosponsors: Pages S2889±90 posing a balanced budget amendment to the Con- stitution of the United States. Amendments Submitted: Pages S2890±91 Pages S2777±S2815, S2820 Notices of Hearings: Pages S2891±92 A unanimous-consent agreement was reached pro- Authority for Committees: Page S2892 viding for the consideration of certain amendments and motions to be proposed to the resolution, and Additional Statements: Pages S2892±S2902 for final disposition of the resolution. Page S2804 Record Votes: One record vote was taken today. During consideration of this measure today, Senate (Total—74) Page S2778 took the following action: Adjournment: Senate convened at 9:30 a.m. and, in By 57 yeas to 42 nays (Vote No. 74), three-fifths accordance with H. Con. Res. 30, adjourned at 8:07 of those Senators duly chosen and sworn not having p.m., until 10:30 a.m., on Wednesday, February 22, voted in the affirmative, Senate failed to close further 1995. debate on the resolution. Pages S2777±78 By unanimous consent, certain cloture motions pending to the resolution were vitiated. Page S2820 D 203 D 204 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 1995 M. Berkovitz, of the District of Columbia, and Shir- Committee Meetings ley Ann Jackson, of New Jersey, each to be a Mem- (Committees not listed did not meet) ber of the Nuclear Regulatory Commission, after the nominees testified and answered questions in their APPROPRIATIONS—FOREIGN ASSISTANCE own behalf. Mr. Berkovitz was introduced by Senator Committee on Appropriations: Subcommittee on Foreign Graham, and Ms. Jackson was introduced by Sen- Operations resumed hearings on proposed budget es- ators Lautenberg and Bradley. timates for fiscal year 1996 for foreign assistance NOMINATIONS programs, focusing on political and economic reform in the New Independent States of the former Soviet Committee on Finance: Committee concluded hearings Union, receiving testimony from Zbigniew on the nominations of Shirley S. Chater, of Texas, to Brzezinski, Center for Strategic and International be Commissioner, Social Security Administration, Studies, Washington, D.C. and Maurice B. Foley, of California, and Juan F. Subcommittee will meet again on Wednesday, Vasquez, of Texas, each to be a Judge of the United February 22. States Tax Court, after the nominees testified and answered questions in their own behalf. Ms. Chater AUTHORIZATION—DEFENSE was introduced by Senator Hutchison and Represent- Committee on Armed Services: Committee resumed hear- ative Jacobs, and Mr. Vasquez was introduced by ings in open and closed sessions on proposed legisla- Senator Hutchison and Representative Tejeda. tion authorizing funds for fiscal year 1996 for the Department of Defense and the future years defense CAPITAL GAINS TAXATION program, focusing on the military strategies and Committee on Finance: Committee continued hearings operational requirements of the unified commands, to examine the tax treatment of capital gains and receiving testimony from Adm. Richard C. Macke, losses, focusing on indexing assets to eliminate tax USN, Commander-in-Chief, United States Pacific on gains caused by inflation, receiving testimony Command; Gen. Gary E. Luck, USA, Commander, from Edwin S. Cohen, University of Virginia School United States Forces, Korea; and Gen. Barry H. of Law, Charlottesville; Christopher H. Dent, Price McCaffrey, USA, Commander-in-Chief, United Waterhouse, and Michael L. Schler, on behalf of the States Southern Command. New York State Bar Association, both of New York, Hearings continue on Thursday, February 23. New York; Alan Reynolds, Hudson Institute, Wash- NOMINATIONS ington, D.C.; Shirley S. Chater, Houston, Texas; Maurice B. Foley, Berkeley, California; and Juan F. Committee on Armed Services: Committee ordered favor- Vasquez, San Antonio, Texas. ably reported 2,336 nominations in the Army, Navy, Hearings were recessed subject to call. and Air Force. NOMINATIONS AGRICULTURE BUDGET Committee on Foreign Relations: Committee concluded Committee on the Budget: Committee held hearings to hearings on the nominations of Johnnie Carson, of examine the President’s proposed budget request for Illinois, to be Ambassador to the Republic of fiscal year 1996 for the Department of Agriculture, Zimbabwe, and Bismarck Myrick, of Virginia, to be focusing on farm income support programs and ex- Ambassador to the Kingdom of Lesotho, after the port subsidies, receiving testimony from Senators nominees testified and answered questions in their Lugar and Conrad; and Richard E. Rominger, Acting own behalf. Mr. Carson was introduced by Senator Secretary of Agriculture. Simon, and Mr. Myrick was introduced by Senator Committee will meet again on Wednesday, Feb- Robb. ruary 22. INTERIOR BUDGET U.S.-AFRICA TRADE AND INVESTMENT Committee on Energy and Natural Resources: Committee Committee on Foreign Relations: Subcommittee on Afri- concluded hearings to examine the President’s pro- can Affairs concluded hearings to examine United posed budget request for fiscal year 1996 for the De- States and African trade and investment activities, partment of the Interior, after receiving testimony after receiving testimony from George E. Moose, As- from Bruce Babbitt, Secretary of the Interior. sistant Secretary of State for African Affairs; John Walker, Deputy Assistant Secretary of Commerce for NOMINATIONS International Economic Policy, Africa, and the Near Committee on Environment and Public Works: Commit- East; Ruth R. Harkin, President and Chief Executive tee concluded hearings on the nominations of Dan Officer, Overseas Private Investment Corporation; J. February 16, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 205 Joseph GrandMaison, Director, Trade and Develop- Inc., Springfield, Virginia; Robert Varney, RobSan ment Agency; Martin A. Kamarck, First Vice Presi- Corporation, Reston, Virginia; Gary F. Petty, Na- dent and Vice Chairman, Export-Import Bank of the tional Moving and Storage Association, Fairfax, Vir- United States; Frank Kennedy, Equator Bank, Hart- ginia, on behalf of the Small Business Legislative ford, Connecticut; and Joseph Parker, General Mo- Council; Lew Shattuck, Barre Granite Association, tors Overseas Distribution Corp., Washington, D.C. Barre, Vermont, on behalf of the National Small CHILD CARE AND DEVELOPMENT BLOCK Business United; and Virginia Littlejohn, STAR GRANT Group and Global Strategies, Chevy Chase, Mary- land. Committee on Labor and Human Resources: Subcommit- Hearings were recessed subject to call. tee on Children and Families concluded hearings to examine the effectiveness of the Federal child care INDIAN PROGRAMS BUDGET and development block grant program, after receiv- ing testimony from Mary Jo Bane, Assistant Sec- Committee on Indian Affairs: Committee concluded retary of Health and Human Services for Children hearings to examine the President’s proposed budget and Families; Mayor Cardell Cooper, East Orange, request for fiscal year 1996 for Indian programs, New Jersey, on behalf of the United States Con- after receiving testimony from Terry Williams, Di- ference of Mayors; Judi Schlicting, South Shore Day rector, Indian Affairs Office, Environmental Protec- Care Services, East Weymouth, Massachusetts; Mary tion Agency; Gary Niles Kimble, Commissioner, Moran, Seeds of Love Daycare Home, Indianapolis, Dominic Mastrapasqua, Deputy Commissioner, Indiana; Douglas J. Besharov, American Enterprise Vilma Guinn, Special Assistant to the Commis- Institute for Public Policy Research, and William J. sioner, and Sharon McCully, Acting Director East Tobin, Child Care Institute of America, and Early and West Division, all of the Administration for Na- Childhood Development Center Coalition, both of tive Americans, Department of Health and Human Washington, D.C.; and Susan Muenchow, Florida Services; Gaiashkibos, Lac Courte Oreilles Tribe, Children’s Forum, Tallahassee. Wisconsin, on behalf of the National Congress of American Indians; Julia Davis, National Indian FUTURE OF SBA Health Board, and A. David Lester, Council of En- Committee on Small Business: Committee resumed ergy Resource Tribes, both of Denver, Colorado; Jac- hearings to examine the programs administered by queline L. Johnson, Tlingit-Haida Indian Housing the Small Business Administration and its future Authority, Juneau, Alaska, on behalf of the National role, receiving testimony from Bob Giaimo, Silver American Indian Housing Council; Lorraine P. Diner Development, Inc., Rockville, Maryland; Edmo, National Indian Education Association, Alex- James B. Graham, FaxLand Corporation, Falls andria, Virginia; and Jerry Pardilla, National Tribal Church, Virginia; Giovanni Coratolo, Port of Italy, Environmental Council, Albuquerque, New Mexico. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designates Representative Bills Introduced: 22 public bills, H.R. 971–992; LaHood to act as Speaker pro tempore for today. and 5 resolutions, H. Con. Res. 30–31, and H. Res. Page H1853 87, 89–90 were introduced. Pages H1907±08 National Security Revitalization: By a recorded Reports Filed: The following reports were filed as vote of 241 ayes to 181 noes, Roll No. 145, the follows: House passed H.R. 7, to revitalize the national secu- H. Res. 88, providing for the consideration of rity of the United States. Pages H1854±90 H.R. 831, permanently extending the health insur- Agreed to the committee amendment in the na- ance deduction for the self-employed, amended (H. ture of a substitute. Page H1887 Rept. 104–38); and Rejected the Skelton motion to recommit the bill H.R. 450, to ensure economy and efficiency of to the Committee on National Security with instruc- Federal Government operations by establishing a tions to report the bill back forthwith containing an moratorium on regulatory rulemaking actions, amended (H. Rept. 104–39). Page H1907 D 206 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 1995 amendment striking the provisions relating to ballis- States troops under foreign command (rejected by a tic missile defense as a component of military readi- recorded vote of 158 ayes to 267 noes, Roll No. ness and maintaining the 1996 national missile de- 142); Pages H1859±64 fense program appropriation at the 1995 level until The Berman amendment, as modified, that sought the Secretary of Defense certifies to the Congress to insert replacement language for section 501, relat- that the Armed Forces stand in readiness to carry ing to credit against assessment for expenditures in out assigned missions as required (rejected by a yea- support of United Nations Peacekeeping Operations; and-nay vote of 197 yeas to 225 nays, Roll No. and Pages H1864±70 144). Pages H1887±89 The Torricelli amendment sought to that strike Agreed To: the provision making the NATO participation pro- The McHale amendment that provides for suffi- gram mandatory (rejected by a recorded vote of 191 cient forces to meet national security strategy initia- ayes to 232 noes, Roll No. 143). Pages H1873±80 tives during peace time; to promote stability; deter The Clerk was authorized to correct section num- aggression; and ensure timely crisis response; bers, punctuation, cross references, and to make such Page H1854 other technical, clerical, grammatical and conforming The Hefley amendment that requires that funds changes as may be necessary in the engrossment of made available for the establishment of the new Na- the bill. Page H1890 tional Security Commission be made available by the Late Report: Committee on Government Reform Office of the Secretary of Defense (agreed to by a re- and Oversight received permission to have until corded vote of 211 ayes to 180 noes, Roll No. 140); midnight tonight to file a report on H.R. 450, to Pages H1854±56 ensure economy and efficiency of Federal Govern- The Traficant amendment that lowers the United ment operations by establishing a moratorium on States share of the cost of United Nations peacekeep- regulatory rulemaking actions. Page H1890 ing operations from 25 percent to 20 percent; and provides that the 25 percent figure could be reached Legislative Program: The Majority Leader an- as long as the President submits a report 15 days be- nounced the legislative program for the week of Feb- fore any troops could be sent; Pages H1870±71 ruary 20. Pages H1890±91 The Durbin amendment that makes it clear that Morning Hour: It was made in order that the order other European countries emerging from communist of the House of January 5, 1995 relating to ‘‘morn- domination, other than those designated, should re- ing hour debates’’ be continued through May 12, ceive assistance and be welcomed into NATO when 1995, with the understanding that the format for they meet appropriate standards; Pages H1871±72 recognition for special order speeches first instituted The Bateman amendment that makes eligibility on February 23, 1994 be continued for the same pe- for United States assistance toward eventual NATO riod. Page H1891 membership subject to Presidential discretion for the Committee Resignation: Read and accepted a letter nations of the former Soviet Union and Yugoslavia; from Representative Stockman wherein he resigned Pages H1872±73 from the Committee on Veterans’ Affairs. The Skelton amendment that requires a report on Pages H1891±92 the added costs to the United States and other NATO countries stemming from the expansion of Committee Election: House agreed to H. Res. 89, NATO; and Page H1880 electing Representative Schaefer of Colorado to the The Engel amendment, as modified, that creates Committee on Veterans’ Affairs. Page H1892 an exemption from the prohibition of United States Calendar Wednesday: Agreed to dispense with Cal- troops being placed under foreign command for ac- endar Wednesday business of February 23. tive duty military officers from NATO countries. Page H1892 Pages H1880±81 Resignations—Appointments: It was made in Rejected: order that notwithstanding any adjournment of the The Harman amendment that sought to abolish House until Tuesday, February 21, the Speaker and the Advisory Commission on Revitalization of Na- the Minority Leader be authorized to accept resigna- tional Security (rejected by a recorded vote of 207 tions and to make appointments authorized by law ayes to 211 noes, Roll No. 141); Pages H1856±59 or by the House. Page H1892 The Leach amendment that sought to reaffirm Congress’ power to declare war and the President’s Presidential Messages: Read the following mes- authority as commander-in-chief; and to strike the sages from the President: requirement of the President to submit a memoran- Chemical and biological weapons: Message dum on the constitutionality of placing United wherein he transmits activities taken and money February 16, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 207 spent upon the declaration of a national emergency LABOR—HHS—EDUCATION pursuant to the dangers of the proliferation of chem- APPROPRIATIONS ical and biological weapons pursuant to the Inter- Committee on Appropriations: Subcommittee on Labor, national Emergency Economic Powers Act—referred Health and Human Services, Education and Related to the Committee on International Relations and or- Agencies held a hearing on the National Labor Rela- dered printed (H. Doc. 104–36); and tions Board and on the Peace Institute. Testimony Nuclear, biological, and chemical weapons: Mes- was heard from William B. Gould IV, Chairman, sage wherein he transmits activities taken and any NLRB; and Richard H. Solomon, President, Peace monies spent to deal with the threat to the national Institute. security, foreign policy, and economy of the United States posed by the continued proliferation of nu- LEGISLATIVE APPROPRIATIONS clear, biological, and chemical weapons, and their Committee on Appropriations: Subcommittee on Legisla- means of delivery (H. Doc. 104–37). Pages H1893±94 tive held a hearing on the Joint Committee on Tax- Adjournment Resolution: House agreed to H. ation, Architect of the Capitol and Botanic Garden, Con. Res. 30, providing for the adjournment of the and on the CBO. Testimony was heard from Rep- two Houses. Page H1897 resentative Archer, Chairman, Joint Committee on Recess: House recessed at 4:48 p.m. and reconvened Taxation; George M. White, Architect of the Cap- itol; and Robert D. Reischauer, Director, CBO. at 4:54 p.m. Page H1906 Quorum Calls—Votes: One yea-and-nay vote and MILITARY CONSTRUCTION five recorded votes developed during the proceedings APPROPRIATIONS of the House today and appear on pages H1855–56, H1858–59, H1863–64, H1879–80, H1888–89, and Committee on Appropriations: Subcommittee on Mili- H1889. There were no quorum calls. tary Construction met in executive session to hold a hearing on European Construction Program. Testi- Adjournment: Met at 9:30 a.m. and, pursuant to mony was heard from Gen. George A. Joulwan, the provisions of H. Con. Res. 30, adjourned at 4:55 USA, Commander in Chief, European Command, p.m. until 12:30 p.m. on Tuesday, February 21. Department of Defense. Committee Meetings NATIONAL SECURITY APPROPRIATIONS Committee on Appropriations: Subcommittee on Na- AGRICULTURE, RURAL DEVELOPMENT, tional Security met in executive session to hold a FDA AND RELATED AGENCIES hearing on Commander in Chief, U.S. European APPROPRIATIONS Command and on the Commander in Chief, U.S. Pa- cific Command and the Commander in Chief, U.S. Committee on Appropriations: Subcommittee on Agri- Forces Korea. Testimony was heard from the follow- culture, Rural Development, FDA, and Related ing officials of the Department of Defense: Gen. Agencies held a hearing on the Inspector General. George A. Joulwan, USA, Commander in Chief, U.S. Testimony was heard from Roger C. Viadero, Inspec- European Command; Adm. Richard C. Macke, USN, tor General, USDA. Commander in Chief, U.S. Pacific Command; and Gen. Gary E. Luck, USA, Commander, United Na- FOREIGN OPERATIONS APPROPRIATIONS tions Command/Combined Forces Command/U.S. Committee on Appropriations: Subcommittee on Foreign Forces Korea. Operations, Export Financing, and Related Agencies held a hearing on the Secretary of State, Testimony TREASURY—POSTAL SERVICE—GENERAL was heard from Warren M. Christopher, Secretary of GOVERNMENT APPROPRIATIONS State. Committee on Appropriations: Subcommittee on Treas- ury—Postal Service—General Government held a INTERIOR APPROPRIATIONS hearing on IRS/GAO. Testimony was heard from Committee on Appropriations: Subcommittee on Interior Hazel E. Edwards, Director, Information Resources and Related Agencies held a hearing on the National Management/General Government Issues, Account- Endowment for the Arts and the National Endow- ing and Information Management Division, GAO; ment for the Humanities. Testimony was heard from and Margaret M. Richardson, Commissioner, IRS, public witnesses. Department of the Treasury. D 208 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 1995 COMMON SENSE LEGAL REFORM ACT against the amendment. Finally, the rule provides Committee on Commerce: Ordered reported amended one motion to recommit with or without instruc- Title II, Reform of Private Securities Litigation of tions. Testimony was heard from Chairman Archer H.R. 10, Common Sense Legal Reform Act. and Representatives Gibbons, Rangel, Stark, Ford, Cardin, McDermott, Neal and Mfume. AGE DISCRIMINATION IN EMPLOYMENT AMENDMENTS EPA R&D PROGRAMS Committee on Economic and Educational Opportunities: Committee on Science: Subcommittee on Energy and Subcommittee on Employer-Employee Relations ap- Environment held a hearing on EPA Research and proved for full Committee action H.R. 849, Age Development Programs: Fiscal Year 1996 Authoriza- Discrimination in Employment Amendments of tion. Testimony was heard from Robert J. Huggett, 1995. Assistant Administrator, Office of Research and De- OSHA velopment, EPA; and a public witness. Committee on Economic and Educational Opportunities: FEDERAL WATER POLLUTION CONTROL Subcommittee on Oversight and Investigations held ACT REAUTHORIZATION a hearing on the Occupational Safety and Health Committee on Transportation and Infrastructure: Sub- Act. Testimony was heard from public witnesses. committee on Water Resources and Environment PRIVATE PROPERTY PROTECTION ACT; continued hearings on the reauthorization of the REGULATORY REFORM AND RELIEF ACT Federal Water Pollution Control Act. Testimony was Committee on the Judiciary: Ordered reported amended heard from public witnesses. the following bills: H.R. 925, Private Property Pro- Hearings continue February 21. tection Act of 1995; and H.R. 926, Regulatory Re- AERIAL RECONNAISSANCE form and Relief Act. Permanent Select Committee on Intelligence: Subcommit- OVERSIGHT tee on Technical and Tactical Intelligence met in ex- Committee on Resources: Subcommittee on Fisheries, ecutive session to hold a hearing on Aerial Recon- Wildlife and Oceans held an oversight hearing on naissance. Testimony was heard from departmental Fiscal Year 1996 budget requests for the following: witnesses. U.S. Fish and Wildlife Service; the National Marine Fisheries Service; and certain programs of the NOAA. Testimony was heard from D. James Baker, Joint Meetings Under Secretary, Oceans and Atmosphere, Depart- BALANCED BUDGET ENFORCEMENT ment of Commerce; and Mollie Beattie, Director, MECHANISMS U.S. Fish and Wildlife Service, Department of the Interior. Joint Economic Committee: Committee concluded hear- ings to examine enforcement mechanisms for the SELF-EMPLOYMENT HEALTH INSURANCE proposed Balanced Budget Amendment, and propos- DEDUCTION als to establish a Spending Reduction Commission Committee on Rules: By a voice vote, granted a modi- that would develop a priority list of cuts in the Fed- fied closed rule providing 1 hour of debate on H.R. eral budget each year, after receiving testimony from 831, to amend the Internal Revenue Code of 1986 Senators Gramm and Kyl; Representatives Dan Mil- to permanently extend the deduction for the health ler and Minge; and Joe Cobb, Heritage Foundation, insurance cost of self-employed individuals, to repeal Marlo Lewis, Jr., Competitiveness Enterprise Insti- the provisions permitting nonrecognition of gain on tute, Grover G. Norquist, Americans for Tax Re- sales and exchanges effectuating policies of the Fed- form, Martin A. Regalia, United States Chamber of eral communications Commission. The rule waives Commerce, and Thomas A. Schatz, Citizens Against all points of order against consideration of the bill. Government Waste, all of Washington, D.C. The amendment recommended by the Committee on f Ways and Means now printed in the bill shall be considered as adopted in the House and in the Com- COMMITTEE MEETINGS FOR FRIDAY, mittee of the Whole. The rule makes in order an FEBRUARY 17, 1995 amendment in the nature of a substitute printed in (Committee meetings are open unless otherwise indicated) the report on the rule if offered by Rep. Gibbons or a designee, which is not subject to amendment, de- Senate batable for one-hour, and waives all points of order No meetings are scheduled. February 16, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 209 House February 23, Full Committee, to hold hearings on the President’s proposed budget request for fiscal year 1996 No meetings are scheduled. for the Department of Health and Human Services, 10 Joint Meetings a.m., SD–608. Committee on Governmental Affairs: February 22, to hold Commission on Security and Cooperation in Europe, briefing hearings on S. 219, to ensure economy and efficiency of to assess the goals of United States assistance to Central Federal Government operations by establishing a morato- and Eastern Europe and the New Independent States of rium on regulatory rulemaking actions, 9:30 a.m., the former Soviet Union, 10 a.m., 2200 Rayburn Build- SD–342. ing. February 23, Full Committee, business meeting, to f mark up S. 219, to ensure economy and efficiency of Fed- eral Government operations by establishing a moratorium CONGRESSIONAL PROGRAM AHEAD on regulatory rulemaking actions, S. 4, to grant the Week of February 20 through 25, 1995 power to the President to reduce budget authority, and S. 14, to amend the Congressional Budget and Impound- Senate Chamber ment Control Act of 1974 to provide for the expedited consideration of certain proposed cancellations of budget On Monday and Tuesday Senate will not be in ses- items, 10 a.m., SD–342. sion. Committee on the Judiciary: February 22, Subcommittee On Wednesday, Senator Thomas will read Wash- on Administrative Oversight and the Courts, to hold ington’s Farewell Address, following which Senate hearings on S. 343, to reform the regulatory process, 9:30 will resume consideration of H.J. Res. 1, Balanced a.m., SD–226. Budget Constitutional Amendment. February 23, Full Committee, to hold hearings to ex- During the balance of the week, Senate will con- amine the use of the exclusionary rule, focusing on juries tinue consideration of H.J. Res. 1, Balanced Budget and the search for truth, 10 a.m., SD–226. Constitutional Amendment, and consider certain Committee on Labor and Human Resources: February 22, to amendments to be proposed thereto. hold hearings on proposed legislation authorizing funds Senate may also consider any cleared executive and for programs of the Ryan White Care Act of 1990, 9:30 a.m., SD–430. legislative business. February 23, Subcommittee on Education, Arts and (Senate will recess on Wednesday, February 22, 1995, Humanities, to hold hearings on proposed legislation au- from 12:30 p.m. until 2:15 p.m., for respective party con- thorizing funds for programs of the National Foundation ferences.) on the Arts and Humanities Act of 1965, 9:30 a.m., Senate Committees SD–430. Select Committee on Intelligence: February 22, to hold (Committee meetings are open unless otherwise indicated) closed hearings on intelligence matters, 2 p.m., SH–219. Committee on Appropriations: February 22 and 24, Sub- committee on VA, HUD, and Independent Agencies, to House Chamber hold hearings on proposed budget estimates for fiscal year Monday, House not in session. 1996, Wednesday, for the Corporation for National and Tuesday, Consideration of H.R. 831, Deduction of Community Service, the Selective Service System, the Health Insurance Costs for the Self-Employed (modi- Consumer Product Safety Commission, the Consumer In- formation Center, and the Office of Consumer Affairs, fied rule, 1 hour of general debate). 9:30 a.m.; Friday, for the American Battle Monuments Wednesday, H.R. 889, Department of Defense Sup- Commission, and Cemeterial Expenses, Army, 9:30 a.m., plemental Appropriations; SD–138. H.R. 845, Rescission Bill (subject to a rule being February 22, Subcommittee on Foreign Operations, to granted); and hold hearings on proposed budget estimates for fiscal year H.R. 830, Paperwork Reduction Act (subject to a 1996 for foreign assistance, focusing on the former Soviet rule being granted). Union, 10 a.m., SD–192. Thursday and Friday, Complete consideration of Committee on Armed Services: February 23, to resume H.R. 830, Paper Reduction Act; and hearings on proposed legislation authorizing funds for fis- H.R. 450, Regulatory Transition Act (subject to cal year 1996 for the Department of Defense and the fu- a rule being granted). tures years defense program, focusing on the military strategies and operational requirements of the unified NOTE.—Conference reports may be brought up at commands, 9:30 a.m., SR–222. any time. Any further program will be announced Committee on Banking, Housing, and Urban Affairs: Feb- later. ruary 22, to hold hearings to examine the state of the Federal Reserve System, 10 a.m., SD–106. House Committees Committee on the Budget: February 22, to hold hearings Committee on Agriculture, February 23, Subcommittee on on income tax reform proposals, 9:30 a.m., SD–608. General Farm Commodities, hearing on the Effects of the D 210 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 1995

Federal Tax Code on Farmers, Ranchers, and Rural Com- sion, 10 a.m., and on Corps of Engineers: South Pacific munities, 9:30 a.m., 1300 Longworth. Division, and North Atlantic Division, 2 p.m., 2362B Committee on Appropriations, February 21, Subcommittee Rayburn. on Agriculture, Rural Development, Food and Drug Ad- February 23, Subcommittee on Interior and Related ministration, and Related Agencies, on Farm Credit Ad- Agencies, on Fish and Wildlife Service, 10 a.m., and 1:30 ministration, 1 p.m., 2362A Rayburn. p.m., B–308 Rayburn. February 21, Subcommittee on Energy and Water De- February 23, Subcommittee on Labor, Health and velopment, on Assistant Secretary of the Army (Civil Human Services, Education and Related Agencies, on Works) and the Chief of Engineers, 10 a.m., and on OSHA, 10 a.m., and on Mine Safety and Health Admin- Corps of Engineers: Ohio River Division and Missouri istration, Employment Standards Administration, Office River Division, 2 p.m., 2362B Rayburn. of the American Workplace, Pension and Welfare Bene- February 21, Subcommittee on Interior and Related fits Administration, and on Bureau of Labor Statistics, 2 Agencies, on Department of Energy: Fossil Energy Re- p.m., 2358 Rayburn. search and Development, Naval Petroleum and Oil Shale February 23, Subcommittee on Legislative, on OTA Services, Strategic Petroleum Reserves, and on Clean Coal and the GAO, 9:30 a.m., and on GAO and Public Wit- Technology, 10 a.m., and 1:30 p.m., B–308 Rayburn. nesses, 1:30 p.m., H–144 Capitol. February 21, Subcommittee on Treasury, Postal Serv- February 23, Subcommittee on Military Construction, ice, and General Government, on Customs Service, 10 a.m., and on Federal Law Enforcement Training Center Overview, 9:30 a.m., B–300 Rayburn. and Forfeiture Fund, 2 p.m., H–163 Capitol. February 23, Subcommittee on Treasury, Postal Serv- February 22, Subcommittee on Agriculture, Rural De- ice, and General Government, on Secretary of Treasury, velopment, Food and Drug Administration, and Related 10:30 a.m., H–163 Capitol. Agencies, on Food Safety and Inspection Service, 1 p.m., February 23, Subcommittee on Veterans’ Affairs, and and on Congressional and Public Witnesses, 4 p.m., Housing and Urban Development, and Independent 2362A Rayburn. Agencies, on Office of Consumer Affairs, and on February 22, Subcommittee on Commerce, Justice, and Consumer Information Center, 10 a.m., H–143 Capitol. State and the Judiciary, and Related Agencies, on Attor- February 24, Subcommittee on District of Columbia, ney General, 1 p.m., 2360 Rayburn. on Review of the District of Columbia’s Audit and Finan- February 22, Subcommittee on Energy and Water De- cial Condition, 9 a.m., 2360 Rayburn. velopment, on Corps of Engineers: Southwestern Division, February 24, Subcommittee on Energy and Water De- and North Pacific Division, 10 a.m., and on Corps of En- velopment, on the Galvin Report: Alternative Futures for gineers: South Atlantic Division and Lower Mississippi the DOE National Laboratories, 10 a.m., 2362B Ray- Valley Division, 2 p.m., 2362B Rayburn. burn. February 22, Subcommittee on Interior and Related February 24, Subcommittee on Labor, Health and Agencies, on Indian Education, 1:30 p.m., and on Bureau Human Services, Education and Related Agencies, on of Mines, 2 p.m., B–308 Rayburn. Pension Benefit Guaranty Corporation and Inspector Gen- February 22, Subcommittee on Labor, Health and eral, Department of Labor, 10 a.m., 2358 Rayburn. Human Services, Education and Related Agencies, on the Committee on Banking, Finance, and Urban Affairs, Feb- Secretary of Labor, 10 a.m., and on Employment and ruary 22, Subcommittee on Housing and Community Training Administration, 2 p.m., 2358 Rayburn. Opportunity, hearing on ‘‘Local Neighborhood Solutions February 22, Subcommittee on Legislative, on Joint for Housing and Economic Opportunities,’’ 10 a.m., 2128 Committee on Printing, and GPO, 9:30 a.m., and on Li- Rayburn. brary of Congress, 1:30 p.m., H–144 Capitol. February 23, full Committee, to mark up H. Res. 80, February 22, Subcommittee on Transportation, and Re- requesting the President to submit information to the lated Agencies, on the Inspector General: Fiscal Year House of Representatives concerning actions taken 1996 Budget, 10 a.m., and on Saint Lawrence Seaway Development Corporation, 11:30 a.m., 2358 Rayburn. through the exchange stabilization fund to strengthen the February 22, Subcommittee on Treasury, Postal Serv- Mexican peso and stabilize the economy of Mexico, 2 ice, and General Government, on the Secret Service, 2 p.m., 2128 Rayburn. p.m., H–163 Capitol. February 23, Subcommittee on Domestic and Inter- February 22, Subcommittee on Veterans’ Affairs and national Monetary Policy, Humphrey-Hawkins oversight Housing and Urban Development, and Independent hearing on the Biennial Report to the Congress, 10 a.m., Agencies, on American Battle Monuments Commission 2128 Rayburn. and Cemeterial Expenses, 10 a.m., and on National Cred- February 23, Subcommittee on Financial Institutions it Union Administration, 1:30 p.m., H–143 Capitol. and Consumer Credit, hearing on the National Credit February 23, Subcommittee on Commerce, Justice, and Union Administration’s seizure of Capital Federal Cor- State and the Judiciary, and Related Agencies, on the porate Credit Union into conservatorship, 10 a.m., 2129 Secretary of Commerce, 9:30 a.m., 2360 Rayburn. Rayburn. February 23, Subcommittee on Energy and Water De- Committee on the Budget, February 21, hearing on the velopment, on Corps of Engineers: North Central Divi- Administration’s Housing and Urban Development sion, New England Division and on Pacific Ocean Divi- Budget, 10 a.m., and 2:30 p.m., 210 Cannon. February 16, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 211

February 22, hearing on the Administration’s HUD and Bureau of Mines fiscal year 1996 budget requests, 2 Budget: Reform or Retrenchment?, 9:30 a.m., 210 Can- p.m., 1324 Longworth. non. February 23, Subcommittee on Fisheries, Wildlife and Committee on Commerce, February 21, Subcommittee on Oceans, hearing on the reauthorization of H.R. 39, Fish- Commerce, Trade and Hazardous Materials, hearing on ery Conservation and Management Amendments of 1995, the Common Sense Product Liability Reform Act, 1 p.m., 11 a.m., 1334 Longworth. 2123 Rayburn. February 23, Subcommittee on National Parks, Forests Committee on Economic and Education Opportunities, Feb- and Lands, hearing on H.R. 260, National Park System ruary 22, to mark up Welfare Reform legislation, 9:30 Reform Act of 1995, 10 a.m., 1324 Longworth. a.m., 2175 Rayburn. Committee on Rules. February 21, to continue consider- Committee on Government Reform and Oversight, February ation of the following: H.R. 845, rescinding certain 21, oversight hearing on the implementation of the Fed- budget authority; and H.R. 889, making emergency sup- eral Acquisition Streamlining Act of 1994, 3 p.m., 2154 plemental appropriations and rescissions to preserve and Rayburn. enhance the military readiness of the Department of De- February 22, Subcommittee on District of Columbia and the Subcommittee on District of Columbia of the fense for the fiscal year ending September 30, 1995; and Committee on Appropriations, joint oversight hearing to to consider H.R. 830, Paperwork Reduction Act of 1995, review the Financial Condition of the District of Colum- 6 p.m., H–313 Capitol. bia, 9 a.m., 2154 Rayburn. February 22, to consider H.R. 450, Regulatory Transi- February 22, Subcommittee on Human Resources and tion Act of 1995, 10 a.m., H–313 Capitol. Intergovernmental Relations, oversight hearing on Efforts Committee on Science, February 21, Subcommittee on En- to Reduce Costs and Increase Efficiency of HUD, 10 ergy and Environment, hearing on NOAA budget, 1 a.m., 2247 Rayburn. p.m., 2318 Rayburn. February 23, Subcommittee on Postal Service, hearing February 22, Subcommittee on Basic Research Budget, on the general oversight of the U.S. Postal Service, 10 hearing on the NSF budget, 9:30 a.m., 2318 Rayburn. a.m., 2247 Rayburn. Committee on Transportation and Infrastructure, February Committee on International Relations, February 22, Sub- 21 and 24, Subcommittee on Water Resources and Envi- committee on Africa, hearing on Human Rights Situation ronment, to continue hearings on the reauthorization of in Africa, 10 a.m., 2255 Rayburn. the Federal Water Pollution Control Act, 2 p.m., on Feb- February 22, Subcommittee on Western Hemisphere ruary 21, and 10 a.m., on February 24, 2167 Rayburn. and the Subcommittee on International Economic Policy February 22, Subcommittee of Public Buildings and and Trade, joint hearing on the Mexican Peso Bailout, 1 Economic Development, to continue hearings on Eco- p.m., 2172 Rayburn. nomic Development Administration and Appalachian Re- February 23, Subcommittee on Asia and the Pacific gional Commission, 2 p.m., 2253 Rayburn. and the Subcommittee on International Economic Policy February 22, Subcommittee on Railroads, hearing on and Trade, joint hearing on the North Korean Military the Disposition of the ICC’s Non-Merger Rail Authority, and Nuclear Proliferation Threat: Evaluation of the U.S.- 10 a.m., 2167 Rayburn. DPRK Agreed Teamwork, 10 a.m., 2172 Rayburn. February 23, Subcommittee on Aviation, to continue February 23, Subcommittee on Western Hemisphere hearings on Restructuring Air Traffic Control as a Private Affairs, hearing on Cuba and United States Policy, 2 or Government Corporation, 9:30 a.m., 2167 Rayburn. p.m., 2172 Rayburn. Committee on Veterans’ Affairs, February 24, hearing on Committee on the Judiciary, February 22, to mark up Department of Veterans Affairs budget request for fiscal H.R. 956, Common Sense Product Liability Reform Act year 1996, 9 a.m., 334 Cannon. of 1995, 9 a.m., 2141 Rayburn. Committee on Ways and Means, February 23, Subcommit- February 23 and 24, Subcommittee on Immigration tee on Health, hearing on Medicare provisions in the Ad- and Claims, oversight hearings on the U.S. Failure to Se- ministration’s budget, 9:30 a.m., and to mark up H.R. cure Its Borders, 9:30 a.m., 2237 Rayburn. 483, to amend the Internal Revenue code of 1986 to re- Committee on National Security, February 22 and 23, to store the exception to the market discount rules for tax- continue hearings on the Fiscal Year 1996 National De- exempt obligations, 2 p.m., 1100 Longworth. fense authorization request, 9:30 a.m., 2118 Rayburn. Permanent Select Committee on Intelligence, February 23, February 23, Subcommittee on Military Installations Subcommittee on Technical and Tactical Intelligence, ex- and Facilities, hearing on base closure and realignment is- sues, 2:30 p.m., 2212 Rayburn. ecutive, hearing on Intelligence Support for Targeting, 2 Committee on Resources, February 21, Subcommittee on p.m., H–405 Capitol. Native American and Insular Affairs, oversight hearing on Bureau of Indian Affairs fiscal year 1996 budget request, Joint Meetings 10 a.m., 1324 Rayburn. Joint Economic Committee: February 22, to hold hearings February 23, Subcommittee on Energy and Mineral to examine minimum wage issues, 9:30 a.m., 2322 Ray- Resources, oversight hearing on U.S. Geological Survey burn Building. D 212 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, February 22 12:30 p.m., Tuesday, February 21

Senate Chamber House Chamber Program for Wednesday: Senator Thomas will read Program for Tuesday: Consideration of H.R. 831, De- Washington’s Farewell Address, following which Senate duction of Health Insurance Costs for the Self-Employed will resume consideration of H.J. Res. 1, Balanced Budg- (modified rule, 1 hour of debate). et Constitutional Amendment. (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- spective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E356, E363, E365, E368 Ortiz, Solomon P., Tex., E383 Hall, Ralph M., Tex., E357 Poshard, Glenn, Ill., E365 Abercrombie, Neil, Hawaii, E384 Hamilton, Lee H., Ind., E355, E359 Quinn, Jack, N.Y., E368 Ballenger, Cass, N.C., E357 Hayes, James A., La., E380 Radanovich, George P., Calif., E374 Barcia, James A., Mich., E367 Hoke, Martin R., Ohio, E371, E375 Reed, Jack, R.I., E372 Barrett, Thomas M., Wis., E366 Horn, Stephen, Calif., E372 Rohrabacher, Dana, Calif., E360 Bereuter, Doug, Nebr., E358 Jacobs, Andrew, Jr., Ind., E361, E374 Saxton, Jim, N.J., E387 Bonilla, Henry, Tex., E381 Johnson, Nancy L., Conn., E362, E364, E367 Schroeder, Patricia, Colo., E373 Bryant, John, Tex., E380 Kennedy, Joseph P., II, Mass., E373 Shuster, Bud, Pa., E364, E379 Calvert, Ken, Calif., E365 Largent, Steve, Okla., E379 Spence, Floyd, S.C., E384 Clay, William (Bill), Mo., E366 Lipinski, William O., Ill., E379 Stokes, Louis, Ohio, E373 Clinger, William F., Jr., Pa., E363 Lowey, Nita M., N.Y., E380 Thurman, Karen L., Fla., E371, E375 Cunningham, Randy ‘‘Duke’’, Calif., E358 Lucas, Frank D., Okla., E381 Vento, Bruce F., Minn., E378 Davis, Thomas M., Va., E357 McDermott, Jim, Wash., E362 Visclosky, Peter J., Ind., E367 DeLauro, Rosa L., Conn., E383 Moakley, John Joseph, Mass., E371, E375 Ward, Mike, Ky., E355 Deutsch, Peter, Fla., E361 Montgomery, G.V. (Sonny), Miss., E371, E377 Williams, Pat, Mont., E384 Dingell, John D., Mich., E362 Moorhead, Carlos J., Calif., E379 Wolf, Frank R., Va., E385 Emerson, Bill, Mo., E368 Neal, Richard E., Mass., E367 Wyden, Ron, Ore., E383 Eshoo, Anna G., Calif., E366 Ney, Robert W., Ohio, E360 Young, C.W. Bill, Fla., E356, E359 Forbes, Michael P., N.Y., E365, E382 Oberstar, James L., Minn., E371 Young, Don, Alaska, E381 Gephardt, Richard A., Mo., E358 Olver, John W., Mass., E366

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