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, MONDAY, JANUARY 9, 1995 No. 4 House of Representatives

The House met at 2 p.m. Commission on Security and Coopera- Mr. DeFazio. f tion in Europe the following Member of Mr. Faleomavaega. the House: Mr. SMITH of New Jersey, Mr. Johnson of South Dakota. PRAYER chairman. Mr. Abercrombie. Mr. Studds. The Chaplain, Rev. James David f Mr. Tauzin. Ford, D.D., offered the following pray- ELECTION OF MEMBERS TO CER- Mr. Ortiz. er: TAIN STANDING COMMITTEES OF Mr. Dooley. We pray, O gracious God, that the op- ´ THE HOUSE Mr. Romero-Barcelo. portunities of this day will inspire each Mr. Deal. of us to see more clearly the ways in Mr. FAZIO. Mr. Speaker, I offer a Mr. Hinchey. which we can do the works of justice privileged resolution (H. Res. 31) and Mr. Underwood. and mercy. While the tasks of right- ask for its immediate consideration. Mr. Farr. eousness seem so great, may Your good The Clerk read the resolution, as fol- The resolution was agreed to. spirit enlighten, encourage, and sus- lows: A motion to reconsider was laid on tain us that we will not grow weary in H. RES. 31 the table. well-doing, but eagerly accept our re- Resolved, That the following named Mem- f sponsibilities as good stewards of the bers be and they are hereby elected to the resources of the Lord. In Your name, following standing committees of the House A READING OF THE CONTRACT we pray. Amen. of Representatives: COMMITTEE ON GOVERNMENT REFORM AND f (Mr. BOEHNER asked and was given OVERSIGHT permission to address the House for 1 THE JOURNAL Mrs. Collins of Illinois, ranking minority minute.) member. Mr. BOEHNER. Mr. Speaker, our The SPEAKER. The Chair has exam- Mr. Waxman. ined the Journal of the last day’s pro- Mr. Lantos. Contract With America says that on ceedings and announces to the House Mr. Wise. the first day of Congress a Republican his approval thereof. Mr. Owens. House will force Congress to live under Pursuant to clause 1, rule I, the Jour- Mr. Towns. the same laws as everyone else; second, nal stands approved. Mr. Spratt. that we would cut one-third of the Ms. Slaughter. committee staff; and third, that we f Mr. Kanjorski. Mr. Condit. would cut the congressional budget. We PLEDGE OF ALLEGIANCE Mr. Peterson of Minnesota. did all of that on the opening day last The SPEAKER. Will the gentleman Mr. Sanders. week. from Missouri [Mr. SKELTON] please Mrs. Thurman. In the next 94 days we will vote on come forward and lead the House in the Mrs. Maloney. the following 10 items: Mr. Barrett of Wisconsin. Pledge of Allegiance. A balanced budget amendment and Mr. Taylor of Mississippi. line item veto; a new crime bill to stop Mr. SKELTON led the Pledge of Alle- Miss Collins of Michigan. giance as follows: Ms. Norton. violent criminals; welfare reform that I pledge allegiance to the Flag of the Mr. Moran. encourages work and not dependence; United States of America, and to the Repub- Mr. Green. family reinforcement to crack down on lic for which it stands, one nation under God, Mrs. Meek. deadbeat dads and protect our children; indivisible, with liberty and justice for all. Mr. Mascara. tax cuts for families; national security f Mr. Fattah. restoration to protect our freedoms; COMMITTEE ON RESOURCES the Senior Citizens Equity Act to allow APPOINTMENT OF MEMBER TO Mr. Miller of California, ranking minority older Americans to return to work THE COMMISSION ON SECURITY member. without Government penalty; Govern- AND COOPERATION IN EUROPE Mr. Rahall. ment regulation and unfunded mandate Mr. Vento. The SPEAKER. Pursuant to the pro- Mr. Kildee. reforms; commonsense legal reform to visions of section 3 of Public Law 94– Mr. Williams. end frivolous lawsuits; and congres- 304, as amended by section 1 of Public Mr. Gejdenson. sional term limits to make Congress a Law 99–7, the Chair appoints to the Mr. Richardson. citizen legislature once again.

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 149 H 150 CONGRESSIONAL RECORD — HOUSE January 9, 1995 Mr. Speaker, this is our Contract The American outcry for a balanced functions. But we in the Congress must With America. We mean what we say. budget and fiscal responsibility in prove to the American public that we Watch what we do. Washington must not be delayed. have the resolve. My grandmother died at the age of 88 f f with $10,000 in her bank account. She OPENNESS AND HONESTY SOUGHT depended on Social Security. She INTRODUCTION OF LEGISLATION IN DISCUSSING BALANCED BUDG- looked forward to it. I will not destroy NAMING NEW AIRCRAFT CAR- ET AMENDMENT Social Security. In her name, I will RIER AS THE U.S.S. ‘‘HARRY S preserve it. TRUMAN’’ (Ms. DELAURO asked and was given permission to address the House for 1 f (Mr. SKELTON asked and was given minute and to revise and extend her re- permission to address the House for 1 marks.) BE OPEN WITH REGARD TO minute.) Ms. DELAURO. Mr. Speaker, the Re- BALANCED BUDGET AMENDMENT Mr. SKELTON. Mr. Speaker, today I publicans promised the most open Con- (Mrs. MINK of Hawaii asked and was am introducing legislation to name the gress in history, but when it comes to given permission to address the House Navy’s new aircraft carrier the U.S.S. being honest about issues that mean for 1 minute.) Harry S Truman. the most to the American people, they Mrs. MINK of Hawaii. Mr. Speaker, On April 12, 1995, we will mark the would rather keep us all in the dark. on January 19 the House will be consid- 50th anniversary of the beginning of Yesterday, the new majority leader ering the balanced budget amendment, the Truman Presidency. I can think of refused to disclose the details of one of which is a constitutional amendment no finer tribute to this great Missou- the centerpieces of the Contract With and requires a two-thirds vote. The rian—the 33d President of the United America—the balanced budget amend- House has considered this amendment States—than to name this ship in his ment. When asked why he would not previously and as a member of the ma- honor. tell the American people what the bal- jority party then, although it could Harry Truman became President at a anced budget amendment included, the have passed at that time, we were not critical point in our Nation’s history. majority leader said that he feared concerned about the details, because But he took charge of the office in a that the amendment would be defeated we felt as members of the majority it decisive manner, leading us through if the details were spelled out for the was our responsibility in committees the end of World War II, the recon- American people. to decide where these cuts would have struction of Europe, and our conver- The American people have a right to to be made. sion to a peacetime economy. know exactly how we would balance Now the story is quite different. We While hard-working and decisive, his the budget. They have a right to know have a majority party, Republicans, strength also lay in his commonplace, if Republicans are planning on putting who are not only committed to the pas- down-to-earth approach to life. He al- Medicare and Social Security on the sage of the amendment but also are in ways spoke in plain, uncomplicated chopping block. control of the appropriations process language, and accepted total respon- Democrats are offering the ‘‘Honest and all of the committees, and they are sibility for his actions. This was shown Budget Bill,’’ which will require spon- not telling the American people or the by that famous plaque he kept on his sors of a balanced budget proposal to Congress what kinds of cuts are going desk, stating: ‘‘The buck stops here.’’ present a line by line account of how to have to come down the stream in We already have five carriers named they would achieve a balanced budget. order to make this $1 trillion cut which for former Presidents. Naming a ship It is a bill which meets the standards the Congressional Budget Office has after Harry S Truman is long overdue, of accountability, honesty, and open- now said will have to be made if we are and I urge my colleagues to support ness that the American people have de- to truly balance the budget in the year this legislation. manded. Standards that my Republican 2002. f colleagues have failed to meet, thus It is time for the majority party to far. tell the American people; are we going BALANCING THE BUDGET f to have cuts in Social Security, are we going to have put caps on Medicare, is (Mr. WELLER asked and was given b 1410 permission to address the House for 1 there going to have to be a cut in the minute and to revise and extend his re- LIVING WITHIN OUR MEANS education budget, food stamps, school marks.) (Mr. FOLEY asked and was given per- lunch, and a whole series of others? Let Mr. WELLER. Mr. Speaker, I rise mission to address the House for 1 us really have open Government. today in strong support of the balanced minute.) f budget amendment that will be voted Mr. FOLEY. Mr. President, what do SWEARING IN OF THE HONORABLE on later this month. It is time for Con- we have to fear by balancing the budg- J.C. WATTS gress to live with the same fiscal re- et? Why should we be afraid of making sponsibility as hardworking Ameri- Government operate like every other The SPEAKER. Will the Honorable cans. American? Why are we scared of the J.C. WATTS of Oklahoma kindly step By enacting this important constitu- phrase ‘‘living within our means?’’ forward and take the oath of office. tional amendment, we would stop the The naysayers are trying to scare Mr. WATTS of Oklahoma appeared at irresponsible practice of increasing Americans into believing that to bal- the bar of the House and took the fol- spending today while leaving the bill ance the budget we have to cut critical lowing oath of office: for future generations. Once the programs like Social Security, Medi- Do you solemnly swear that you will amendment took effect, Congress will care, and taking care of the poor and support and defend the Constitution of finally have the discipline to make elderly. the United States against all enemies, long-overdue reforms in Federal pro- We have an opportunity today on this foreign and domestic; that you will grams and finally set fiscal priorities. floor to vote on a balanced budget bear true faith and allegiance to the Further, a balanced budget amend- amendment. In the State of Florida, as same; that you take this obligation ment would strengthen the economy by a State senator and a State house freely; without any mental reservation making it harder to increase Federal member, we voted to balance a budget or purpose of evasion, and that you will spending. The amendment prohibits each and every year, and our State well and faithfully discharge the duties Government borrowing as a means of worked perfectly. The needs of our so- of the office on which you are about to financing Government spending. By ciety were met. But, more importantly, enter. So help you God. leaving more resources in the private the people of the State of Florida felt The SPEAKER. Congratulations. The sector, the amendment will create new confidence in their government. gentleman from Oklahoma is a Member jobs and raise the standard of living for We can control the rate of growth. of the U.S. House of Representatives. Americans. We can control how our Government January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 151 EXPRESSION OF APPRECIATION GETTING DOWN TO BUSINESS walk the walk. We have put the brakes (Mr. WATTS of Oklahoma asked and (Mr. GOSS asked and was given per- on the tax raisers, cut committees and was given permission to address the mission to address the House for 1 staff, and taken the steps necessary to bring this House under the same laws House for 1 minute.) minute.) that govern the conduct of the citizens Mr. WATTS of Oklahoma. Mr. Speak- Mr. GOSS. Mr. Speaker, the wave of who sent us here. For the first time in er, I am honored and delighted to be reform is moving through this House. decades, this House is being brought here this afternoon. Some of you, some On opening day we made good on our pledge to start changing the way we into order. of my colleagues, know what I have Now, Mr. Speaker, we must set to gone through over the last 4 or 5 conduct the Nation’s business. Now we are getting down to the business of work immediately to bring the Govern- months, and especially over the last 2 ment’s fiscal house in order. Our Na- weeks, to get here and to make this re- change to shrink the Federal Govern- ment and restore fiscal sanity. The tion suffers under a multitrillion-dol- ality. I appreciate Speaker GINGRICH streamlined committees of this House lar debt. Each and every dollar of that working with my office and with me to are already hard at work on a balanced debt had its source in this House, make this reality. I am delighted to be budget amendment, a true line-item which under the Constitution is the here. veto for the President, and a mecha- only body authorized to initiate spend- Mr. Speaker, I do not have a whole nism to stop unfunded mandates from ing bills. The interest to finance this lot to say. I have said a lot to this crippling our State and local govern- public debt approaches $250 billion each point and I have been reading a lot and ments. We have pledged to cut spend- year, which is enough to fund the en- have been studying a lot, and I am ing and realign our Federal priorities— tire current defense budget of the coun- looking forward to getting on with the and we are going to fulfill that com- try. business of this great country and the mitment. We will not be distracted by This fiscal irresponsibility is about business of the Fourth District of Okla- the diversionary or dilatory tactics of to stop, Mr. Speaker. The balanced homa. yesterday’s powerbrokers—things have budget amendment, which is a critical So thank you very much for your pa- changed around here and Americans provision of the Contract With Amer- tience, for allowing to make this can once again trust their elected Rep- ica, will be taken up by this body swearing in, which is belated, and for resentatives to do what we have said shortly. There is not a moment to lose in doing all we can to assure its swift allowing me to make this event a re- we will do. consideration and passage. Our future, ality today. f and, more important, the future of our With that I will close, and again say THE PROPOSED BALANCED BUDG- children and grandchildren, depend thank you very much. ET CONSTITUTIONAL AMEND- upon our ability to deliver on this f MENT promise to America. (Mr. TUCKER asked and was given f INCLUDE UNFUNDED MANDATE permission to address the House for 1 GOPAC SHOULD OPEN ITS BOOKS LANGUAGE IN BALANCED BUDG- minute.) ET AMENDMENT Mr. TUCKER. Mr. Speaker, Ross (Mr. BONIOR asked and was given permission to address the House for 1 (Ms. MCCARTHY asked and was Perot was right when he said ‘‘The devil is in the details.’’ minute.) given permission to address the House Mr. BONIOR. Mr. Speaker, this for 1 minute.) My constituents have indicated to me that they do not support a balanced morning we saw one more example of Ms. MCCARTHY. Mr. Speaker, as the why GOPAC needs to come clean. immediate past president of the Na- budget amendment and that the Re- publican majority is moving too fast This morning, the New York Times tional Conference of State Legisla- on this issue. ran an interview with the Republicans’ tures, I am very concerned that our In a shocking statement the new ma- newly appointed House historian. This move toward a balanced Federal budget jority leader said on ‘‘Meet the Press’’: is a person who has served as an ad- could result in more unfunded man- viser to Republicans. Once Members of Congress know exactly, dates for the States, if Congress de- chapter and verse, the pain the Government Yet when asked about GOPAC, not cides not to reduce program services to must live with in order to get a balanced only did she say that GOPAC was march reduced expenditures. government, their knees will buckle. founded, and I quote, as ‘‘a way of get- Any reductions in the Federal share Well, let us be honest about the cuts, ting around campaign finance disclo- of funding for mandated programs the American public demands that we sure laws,’’ she also called for abolish- would seriously increase the fiscal bur- are. ing most disclosure laws that are on dens on the States. The Republican majority needs to lis- the books today. I agree with the National Conference ten to the public on this issue. They Is this the best the Republicans can of State Legislatures that the Federal don’t want a constitutional amend- do: to appoint a historian who cham- Government should not attempt to ac- ment forcing a balanced budget. pions secrecy? Who thinks Congress should roll back campaign finance complish national goals through un- If the Republicans expect the Amer- laws? funded mandates on State and local ican people to agree to their program, Mr. Speaker, GOPAC is an organiza- governments. they had better spell out the plan. The people want to know the details, and tion that has raised up to $20 million The NCSL has proposed amendment the past 9 years, and played a role in language to the pending balanced budg- how the Republican plan will impact them. over 100 Republican campaigns. et measure now before the Judiciary Yet we don’t know where this money Committee which states that: f came from, or who contributed because Except as necessary to enforce obligations WEEK TWO—THE BALANCED they refuse to reveal the names of past to individuals under amendments to this BUDGET donors. Constitution, Congress shall not impose any I would suggest if these charges (Mr. BARR asked and was given per- obligations upon the States without provid- aren’t true, and if GOPAC has nothing mission to address the House for 1 ing the funds necessary for compliance; nor to hide, it should come clean, where minute.) shall Congress impose any conditions upon the $20 million came from. spending grants to the States unless such Mr. BARR. Mr. Speaker, last week conditions are necessary to specify the man- was a great and important beginning to f ner in which the funds are expended. a new way of doing the people’s busi- b 1420 Mr. Speaker, I urge my colleagues to ness in Washington. In a record- BEGGING THE QUESTION include this language in the balanced breaking first day of the session, we budget amendment. demonstrated that unlike the politi- (Mr. BALLENGER asked and was cians who merely talk the talk, we given permission to address the House H 152 CONGRESSIONAL RECORD — HOUSE January 9, 1995 for 1 minute and to revise and extend The Republicans have gone out of The new dialog supporting a balanced his remarks.) their way to say, we are not going to budget amendment is a way for legisla- Mr. BALLENGER. Mr. Speaker, we have business as usual. Unfortunately, tors to avoid the responsibility of mak- are hearing an awful lot of griping Mr. Speaker, it appears, based on the ing the tough decisions. I don’t believe from the defenders of big government evidence of the Historian’s Office, that in trying to escape my duties through these days. With the balanced budget we are not going to have business as a legislative ‘‘escape clause’’ and urge amendment on the verge of passage in usual. We are going to have business my colleagues to reject the balanced the House, there are Democrats who that is worse. budget amendment until it can be still oppose this important government shown how to get there. reform. They are attempting to derail f f the amendment by disingenuously de- HONORING COMMITMENTS manding to know how we plan on spending each and every penny in the (Mr. CHAMBLISS asked and was MORE ON THE BALANCED BUDGET year 2002. given permission to address the House AMENDMENT Well, it is amazing they can look for 1 minute and to revise and extend (Mr. SCARBOROUGH asked and was across a kitchen table at ordinary his remarks.) given permission to address the House Americans without turning red from Mr. CHAMBLISS. Mr. Speaker, I rise for 1 minute.) embarrassment. Their argument today to address the House for the first Mr. SCARBOROUGH. Mr. Speaker, against a balanced budget amendment time as a Member of the House of Rep- for 40 years, the Democrats have had is essentially: ‘‘We don’t want to cut resentatives. control of this Nation’s checkbook. For government spending. Period.’’ I am very encouraged by what has 40 years, they have failed miserably to As American businesses continue to taken place in this body in its first do what middle class Americans have tighten their belts, as a American fam- days, and if it is any indication of what had to do and have failed miserably to ilies watch their paychecks shrink and is to come for the next 2 years, we will do what State legislatures across this their children’s future become ever be well on our way toward achieving country have had to do, and that is to darker under the long shadow of gov- what the American people sent us here balance their checkbook. ernment’s growing debt, the defenders to accomplish. Now with a fantastic opportunity to of big government are digging in. They I am particularly encouraged by the do that in the next few months by pass- talk a lot about working families but aggressive agenda pursued thus far. ing the balanced budget amendment, they refuse to life a finger to save The majority party made a contract all they give us is smoke and mirrors America’s middle class from govern- with the people of this country, and as and bring up GOPAC or ask us to name ment’s out-of-control spending. its first acts, we accomplished a very every penny that we are going to spend The Republican contract with Amer- significant portion of that contract. over the next 40 years to balance the ica is our commitment to cut the size For my part, I also made commit- budget. It is nothing but smoke and score, and cost of government. The bal- ments, commitments to the people of mirrors. anced budget amendment will forever Georgia’s Eighth District. As my first I am honored and proud to be part of guarantee that Congress of the future official act, I signed on as original co- a movement that is finally going to will never again be allowed to spend sponsor of Mr. BARTON’s balanced budg- bring fiscal responsibility to this House our children into the near bottomless et legislation. I also signed a pledge to after 40 miserable years of failure. pit of debt we are in today. the people of the Eighth District to f refuse any future automatic congres- f sional pay raises with instructions to THE HOUSE HISTORIAN’S OFFICE apply the funds to the reduction of this BALANCING THE BUDGET (Mr. WYNN asked and was given per- Nation’s debt. (Mrs. SEASTRAND asked and was mission to address the House for 1 Mr. Speaker, on November 8, the peo- given permission to address the House minute and to revise and extend his re- ple of this country spoke. We should all for 1 minute and to revise and extend marks.) be encouraged that this body has re- her remarks.) Mr. WYNN. Mr. Speaker, I rise this ceived the message. Mrs. SEASTRAND. Mr. Speaker, afternoon to comment on the sad situa- many of my colleagues on the other f tion affecting the House Historian’s Of- side of the aisle have been arguing that fice. In December, around Christmas- THE BALANCED BUDGET we must specifically outline how we time, I read with dismay that the AMENDMENT are going to balance the budget before House Historian would be disbanded as we pass a constitutional amendment another so-called cost-saving measure. (Mr. FARR asked and was given per- mandating one. They claim to be sup- But lo and behold, on December 30, it mission to address the House for 1 porters of the idea of a balanced budget was stated by the Speaker that the of- minute and to revise and extend his re- but because in the past they have been fice would, in fact, remain. Unfortu- marks.) unwilling to make the tough decisions nately he neglected to disclose that he Mr. FARR. Mr. Speaker, I support a necessary to balance the budget they had already selected the person, a high- balanced budget. assume that we are unwilling to as ly partisan supporter of his, who had I support deficit reduction. I support well. actually already moved into a subur- bringing entitlements under control Unfortunately for them, this House ban Washington townhouse. and eliminating every bit of fat there has a new keeper and new priorities. Not only do we have a highly par- is in the budget. What I do not support Among these new priorities is a bal- tisan Historian, we are also going to is gimmickry to do it, stealth budgets anced budget. have her husband as a paid chronicler. to get there, or slash and burn tactics The simple fact is this: Recent polls Perhaps there is another book deal in to achieve it. indicate that more than 75 percent of the works, but the most outrageous as- The balanced budget amendment to American people support the balanced pect of this whole situation is the fact the Constitution has been sold as the budget amendment. It is the will of the that this Historian opposes a disclo- panacea to all our fiscal woes. people and Mr. Speaker, this is the peo- sure. Most of us know that it doesn’t work ple’s House. And for most of the last 40 Most historians want more informa- that way. There is no balance in a bal- years this House has failed them. The tion to broaden history. This Historian anced budget amendment. balanced budget amendment creates a says she favors secret side contribu- An amendment doesn’t automati- mechanism to accomplish this nec- tions and opposes our current Federal cally balance the budget. Spending essary goal. The debate must and will election disclosure laws in order to pro- cuts and tax revenues do. Congress has begin after our new priorities have tect GOPC, to protect large contribu- been working to balance the budget for been set. tors who want to contribute behind the past 2 years without an amend- closed doors. ment. January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 153 VOTE FOR THE BALANCED bers, we knew what our outlays were, We are operating under a great bur- BUDGET AMENDMENT we knew what our receipts were. We den, the burden to represent the people (Mr. EVERETT asked and was given sat around the council table and de- of the United States of America. I am permission to address the House for 1 bated the budget, and we did not oper- concerned with the many senior citi- minute.) ate in a veil of ignorance. zens and citizens in nursing homes Mr. EVERETT. Mr. Speaker, it has It is important, as I acknowledge the across this country, some comatose, been a quarter of a century since this Constitution of the United States, that some dependent upon Medicaid and Congress passed a balanced budget, 25 ‘‘We, the people of the United States, Medicare, who do not have the oppor- years. The Members of this institution in order to form a more perfect Union, tunity to be represented by speaking have proven incapable of making the establish justice, insure domestic tran- up against a budget that may ulti- tough decisions necessary to balance quility, provide for the common de- mately go against them. the budget. fense, promote the general welfare, and So I think it is very important that An amendment to the Constitution secure the blessings of liberty to our- as we look to the decisions that have will force this House to make those dif- selves and our posterity’’—that we in to be made, oh, a balanced budget ficult decisions. I believe that we can fact acknowledge that the people of the amendment sounds very attractive, all agree that we must discontinue pil- United States are in fact who we rep- and yes, goes with the political winds, ing up the debt on our children and resent in this body. but simply presenting to the American grandchildren. For those who disagree How, again, can we operate in total people a balanced budget amendment with this proposition, I would say state ignorance and total unknowing of what without information, without the di- their reasoning clearly. If they are we will be doing with a balanced budg- rection, without the ability to have against balancing the budget, come out et amendment? How can we, when the reasonable debate over what will be the and say so. Do not hide behind mislead- gentleman from the State of Texas, cuts that we have to face over the 7- ing information and untruths. Congressman STENHOLM, offers in good year period and ultimately in the year Mr. Speaker, I employ my colleagues, faith the opportunity for this Congress 2002, I think that speaks against the if they are sincere in their desire to to support a resolution as they proceed true tenets of democracy. balance the budget, then they must to possibly vote for a balanced budget I do not think that was the message vote for an amendment to the Con- amendment, to simply lay out for the of November 8, 1994, and I do not think stitution. people of the United States what are it will be the message of January 19, f you planning to cut to balance the 1995. I ask for an open and fair debate on this question. Speak up, Repub- b 1430 budget. Is that not reasonable, so that the licans, and tell us what you are plan- SPECIAL ORDERS people of the United States can know ning on cutting, because I will be chal- lenged by the district, the 18th Con- The SPEAKER pro tempore (Mr. what we are doing here in this great gressional District, for responsible rep- UPTON). Under the Speaker’s an- body? But yet in the Committee on the resentation, and clearly, I am not nounced policy of January 4, 1995, and Budget he was rejected. How can you going to stray away from my con- under a previous order of the House, make determinations on the backs of science. I must represent the people of the following Members will be recog- the American people without letting the State of Texas and this district nized for 5 minutes each. them know what do you plan to cut if with fairness and openness, so that f you have a balanced budget amend- ment? they can make the right decisions as THE AMERICAN PEOPLE NEED Then, too, I raise the concern about they send their Congressperson, to the U.S. Congress to represent them, and MORE INFORMATION ON SPEND- defense. Oh, yes, there is section 4 that to make the best decisions. ING CUTS TO ACHIEVE A BAL- allows this body to waive the balanced ANCED BUDGET budget amendment in times of war or f The SPEAKER pro tempore. Under a imminent danger. Who knows what previous order of the House, the gentle- that is? Dr. Schlesinger noted in the RUSSIAN ACTIONS IN CHECHNYA woman from Texas [Ms. JACKSON-LEE] 1930’s we were able to build ships to be The SPEAKER pro tempore. Under a is recognized for 5 minutes. prepared for the war in 1940. Did the previous order of the House, the gen- Ms. JACKSON-LEE. Mr. Speaker, it American people believe they were in tleman from New Jersey [Mr. SMITH] is is interesting that we have come just 4 danger in the 1930’s? What constitutes recognized for 5 minutes. days from leaving our constituents, imminent danger? Mr. SMITH of New Jersey. Mr. and possibly we have forgotten that we Many people in this country agreed Speaker, though the Congress is natu- represent them. It is of great impor- with the Rwanda and Somalia humani- rally focused and preoccupied with the tance that we seek to get their input tarian efforts. Many people want more historic process of reform, we should and understanding of the direction in to be done in Bosnia. Those are not not ignore what is going on in the which this great body would go. declarations of war. If dollars are need- world. As you all know, President I have been challenged by my con- ed to be able to fund those worthy Yeltsin has sent the Russian Army to stituents of the 18th Congressional Dis- causes because the people of the United subdue the self-proclaimed Chechen trict to give them responsible represen- States want to provide for safety in Republic, which declared independence tation. I was further charged by Dr. this world, are we suggesting that we in 1991 under the leadership of former R.L. Lister, president of the Southwest do not have the dollars because of a Soviet Air Force Gen. Djokar Dudaev. Region Conference, during a ceremony balanced budget amendment? Last Thursday, I had a meeting with given by my constituents where I was Then I listened this morning to Dr. Elena Bonner, widow of Andrei sworn in to not stray far away from my former Attorney General William Barr, Sakharov and president of the conscience. who said that most people would not Sakharov Foundation. She recently re- Interestingly enough, it seems that have standing to challenge this con- signed from President Yeltsin’s Human some Members have forgotten that it is stitutional amendment. I would ven- Rights Commission to protest the mili- important to dialog and to understand ture to say to you that none of us know tary campaign in Chechnya, which she and to convey to constituents just who has standing in the courts of the has described as a step on the road what you are doing here. I remember as United States of America. The judges back to totalitarianism. Dr. Bonner a former member of the Houston City determine who has standing. urged the U.S. Congress to do whatever Council we played an integral role in Many people will be harmed by this it can to help resolve the Chechen cri- decisionmaking revolving around the particular balanced budget amend- sis peacefully. budget for the Nation’s fourth largest ment. I would argue that they could go Mr. Speaker, Chechnya’s desire for city. into the courts of the United States of independence from Russia raises ques- What we did was consult with con- America and judges would give them tions that are indeed difficult and trou- stituents, we dialoged with staff mem- standing. bling. The international community H 154 CONGRESSIONAL RECORD — HOUSE January 9, 1995 has not defined the limits and frame- mit herewith the rules of the Committee on the House. After said budget shall have been work of self-determination, and has, in Ways and Means for the 104th Congress and adopted, no substantial change shall be made fact, shied away from this vexing issue, ask that they be printed in the RECORD at this in such budget unless approved by the Com- which many Governments view as point. These rules were adopted by the com- mittee. threatening. Moreover, there is reason mittee in open session on January 5, 1995. Rule 4. Publication of Committee Documents for concern about the potential break- RULES OF THE COMMITTEE ON WAYS AND Any committee or subcommittee print, up of the Russian Federation, which MEANS FOR THE 104TH CONGRESS document, or similar material prepared for could follow a successful Chechen bid Rule XI of the Rules of the House of Rep- public distribution shall either be approved for independence. But, whatever one resentatives, provides in part: by the Committee or subcommittee prior to thinks about self-determination and its ‘‘* * * The Rules of the House are the rules distribution and opportunity afforded for the of its committees and subcommittees so far inclusion of supplemental, minority or addi- possible consequences, the Russian tional views, or such document shall contain military action has been characterized as applicable, except that a motion to recess from day to day and a motion to dispense on its cover the following disclaimer: by indiscriminate shelling and bomb- with the first reading (in full) of a bill or res- ‘‘Prepared for the use of Members of the ing of civilian targets, including apart- olution, if printed copies are available, are Committee on Ways and Means by members ment buildings, hotels, a chemical nondebatable motions of high privilege in of its staff. This document has not been offi- plant, stores, and even a hospital and committees and subcommittees. cially approved by the Committee and may an orphanage. By all accounts, thou- ‘‘* * * Each subcommittee of a committee not reflect the views of its members.’’ sands of men, women, and children is a part of that committee, and is subject to Any such print, document, or other mate- have been killed or mutilated. the authority and direction of that commit- rial not officially approved by the Commit- tee and to its rules as far as applicable. tee or subcommittee shall not include the Mr. Speaker, the massive killing and names of its members, other than the name maiming of noncombatants are a gross ‘‘* * * Each standing committees of the House shall adopt written rules governing its of the full Committee Chairman or sub- violation of human rights, as even procedure. Such rules * * * committee chairman under whose authority most Russian political leaders have ‘‘(1) shall be adopted in a meeting which is the document is released. Any such docu- recognized, and can hardly be consid- open to the public * * * ment shall be made available to the full ered an ‘‘internal matter,’’ as the Clin- ‘‘(2) shall be not inconsistent with the Committee Chairman and Ranking Minority ton administration has characterized Rules of the House or with those provisions Member not less than three calendar days it. John Maresca, former U.S. Ambas- of law having the force and effect of Rules of (excluding Saturdays, Sundays and legal sador to the Conference on Security the House * * *.’’ holidays) prior to its public release. In accordance with the foregoing, the Com- The requirements of this rule shall apply and Cooperation in Europe, succinctly only to the publication of policy-oriented, summed up the dire situation in a re- mittee on Ways and Means, on January 5, 1995, adopted the following as the Rules of analytical documents, and not to the publi- cent Wall Street Journal article: the Committee for the 104th Congress. cation of public hearings, legislative docu- ments, documents which are administrative The Russians’ use of brutal force in A. GENERAL Chechnya, such as massive bombing of a pop- in nature or reports which are required to be Rule 1. Application of Rules ulation center, has no place in today’s world, submitted to the Committee under public whether used against an enemy or on a seg- Except where the terms ‘‘full Committee’’ law. The appropriate characterization of a ment of a state’s own population * * *. More- and ‘‘subcommittee’’ are specifically referred document subject to this rule shall be deter- over, Russia’s military actions are unlikely to, the following rules shall apply to the mined after consultation with the Minority. Committee on Ways and Means and its sub- to resolve the problem. More likely is that Rule 5. Official Travel these actions will prompt a long and bitter committees as well as to the respective guerrilla war which will be a further drain chairmen. Consistent with the primary expense reso- on Russia’s limited finances and political en- Rule 2. Meeting Date and Quorums lution and such additional expense resolu- ergies. tion as may have been approved, the provi- The regular meeting day of the Committee sions of this rule shall govern official travel Mr. Speaker, General Dudaev has on Ways and Means shall be on the second of Committee members and Committee staff. stated his willingness to negotiate with Wednesday of each month while the House is Official travel to be reimbursed from funds in session. However, the Committee shall not set aside for the full Committee for any Moscow, though President Yeltsin meet on the regularly scheduled meeting day seems determined to wipe out all re- Member or any Committee staff member if there is no business to be considered. shall be paid only upon the prior authoriza- sistance by force. As Chairman of the A majority of the Committee constitutes a Commission on Security and Coopera- tion of the Chairman. Official travel may be quorum for business; provided however, the authorized by the Chairman for any Member tion in Europe, I urge the Russian Gov- two members shall constitute a quorum at and any Committee staff member in connec- ernment to stop the killing, and initi- any regularly scheduled hearing called for tion with the attendance of hearings con- ate serious, meaningful negotiations the purpose of taking testimony and receiv- ducted by the Committee, its subcommit- with the Chechen authorities. On ing evidence. In establishing a quorum for tees, or any other committee or subcommit- Thursday, January 12, the Permanent purposes of a public hearing, every effort tee of the Congress on matters relevant to shall be made to secure the presence of at Council of the Organization for Secu- the general jurisdiction of the Committee, least one member each from the majority and meetings, conferences, facility inspec- rity and Cooperation in Europe will and the minority. meet in Vienna. I urge Moscow to fol- tions, and investigations which involve ac- The Chairman of the Committee may call tivities or subject matter relevant to the low through on the willingness it has and convene, as he considers necessary, addi- general jurisdiction of the Committee. Be- indicated to let the OSCE help resolve tional meetings of the Committee for the fore such authorization is given, there shall this crisis, to use the OSCE as a frame- consideration of any bill or resolution pend- be submitted to the Chairman in writing the work for political dialog, and to accept ing before the Committee or for the conduct following: an OSCE mission in Chechnya. of other Committee business. The Commit- (1) The purpose of the official travel; The U.S. Government, for its part, tee shall meet pursuant to the call of the (2) The dates during which the official Chair. should convey to Moscow that the travel is to be made and the date or dates of Rule 3. Committee Budget eradication of a people and its terri- the event for which the official travel is tory is not an ‘‘internal matter,’’ and For each Congress, the Chairman, in con- being made; sultation with the majority members of the (3) The location of the event for which the that pursuing a military solution in Committee, shall prepare a preliminary official travel is to be made; and Chechnya—which has shown little evi- budget. Such budget shall include necessary (4) The names of Members and Committee dence or prospect of success—could amounts for staff personnel, travel, inves- staff seeking authorization. well lead to an immitigated regional tigation, and other expenses of the Commit- In the case of official travel of Members disaster. tee. After consultation with the minority and staff of a subcommittee to hearings, members, the Chairman shall include an meetings, conferences, facility inspections b 1440 amount budgeted by minority members for and investigations involving activities or The SPEAKER pro tempore (Mr. staff under their direction and supervision. subject matter under the jurisdiction of such UPTON). Under a previous order of the Therefore, the Chairman shall combine such subcommittee to be paid for out of funds al- House, the gentleman from Texas [Mr. proposals into a consolidated Committee located to such subcommittee, prior author- budget, and shall present the same to the ization must be obtained from the sub- ARCHER] is recognized for 5 minutes. Committee for its approval or other action. committee chairman and the full Committee Mr. ARCHER. Mr. Speaker, pursuant to the The Chairman shall take whatever action is Chairman. Such prior authorization shall be requirement of clause 2(a) of rule XI of the necessary to have the budget as finally ap- given by the Chairman only upon the rep- Rules of the House of Representatives, I sub- proved by the Committee duly authorized by resentation by the applicable subcommittee January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 155 chairman in writing setting forth those the scope of the full Committee’s jurisdic- pensation Act of 1974, and provisions relating items enumerated above. tion but shall be limited to existing law. thereto. Within 60 days of the conclusion of any of- Said oversight jurisdiction shall not be ex- Rule 8. Ex-Officio Members of ficial travel authorized under this rule, there clusive but shall be concurrent with that of Subcommittees the other subcommittees. With respect to shall be submitted to the full Committee The Chairman of the full Committee and matters involving the Internal Revenue Code Chairman a written report covering the in- the Ranking Minority Member may sit as ex- and other revenue issues, said concurrent ju- formation gained as a result of the hearing, officio members of all subcommittees. They risdiction shall be shared with full Commit- meeting, conference, facility inspection or may be counted for purposes of assisting in tee. Before undertaking any investigation or investigation attended pursuant to such offi- the establishment of a quorum for a sub- hearing, the chairman of the Subcommittee cial travel. committee. However, their absence shall not on Oversight shall confer with the Chairman Rule 6. Availability of Committee Records count against the establishment of a quorum of the full Committee and the chairman of The records of the Committee at the Na- any other subcommittee having jurisdiction. by the regular members of the subcommit- tional Archives and Records Administration 3. The Subcommittee on Health shall con- tee. Ex-officio members shall neither vote in shall be made available for public use in ac- sist of 13 Members, 8 of whom shall be Re- the subcommittee nor be taken into consid- cordance with Rule XXXVI of the Rules of publicans and 5 of whom shall be Democrats. eration for purposes of determining the ratio the House of Representatives. The Chairman The jurisdiction of the Subcommittee on of the subcommittee. shall notify the Ranking Minority Member Health shall include bills and matters re- Rule 9. Subcommittee Meetings of any decision, pursuant to clause 3(b)(3) or ferred to the Committee on Ways and Means Insofar as practicable, meetings of the full clause 4(b) of the rule, to withhold a record which relate to programs providing pay- Committee and its subcommittees shall not otherwise available, and the matter shall be ments (from any source) for health care, conflict. Subcommittee chairmen shall set presented to the Committee for a determina- health delivery systems, or health research. meeting dates after consultation with the tion on the written request of any Member of More specifically, the jurisdiction of the Chairman of the full Committee and other the Committee. Subcommittee on Health shall include bills subcommittee chairmen with a view toward B. SUBCOMMITTEES and matters which relate to the health care avoiding, wherever possible, simultaneous Rule 7. Subcommittee Ratios and programs of the Social Security Act (includ- scheduling of full Committee and sub- Jurisdiction ing titles V, XI (Part B), XVIII, and XIX committee meetings or hearings. thereof) and, concurrent with the full Com- All matters referred to the Committee on Rule 10. Reference of Legislation and mittee, tax credit and deduction provisions Subcommittee Reports Ways and Means involving revenue meas- of the Internal Revenue Code dealing with ures, except those revenue measures referred health insurance premiums and health care Except for bills or measures retained by to subcommittees under paragraphs 1, 2, 3, 4, costs. the Chairman of the full Committee for full or 5, shall be considered by the full Commit- 4. The Subcommittee on Social Security Committee consideration, every bill or other tee and not in subcommittee. There shall be shall consist of 11 Members, 7 of whom shall measure referred to the Committee shall be five standing subcommittees as follows: a be Republicans and 4 of whom shall be Demo- referred by the Chairman of the full Commit- Subcommittee on Trade; a Subcommittee on crats. tee to the appropriate subcommittee in a Oversight; a Subcommittee on Health; a Sub- The jurisdiction of the Subcommittee on timely manner. A subcommittee shall, with- committee on Social Security; and a Sub- Social Security shall include bills and mat- in 3 legislative days of the referral, acknowl- committee on Human Resources. The ratio ters referred to the Committee on Ways and edge same to the full Committee. of Republicans to Democrats on any sub- Means which relate to the Federal Old-Age, After a measure has been pending in a sub- committee of the Committee shall be con- Survivors’ and Disability Insurance System, committee for a reasonable period of time, sistent with the ratio of Republicans to the Railroad Retirement System, and em- the Chairman of the full Committee may Democrats on the full Committee. ployment taxes and trust fund operations re- make a request in writing to the subcommit- The jurisdiction of each subcommittee lating to those systems. More specifically, tee that the subcommittee forthwith report shall be: the jurisdiction of the Subcommittee on So- the measure to the full Committee with its 1. The Subcommittee on Trade shall con- cial Security shall include bills and matters recommendations. If within 7 legislative sist of 15 Members, 9 of whom shall be Re- involving title II of the Social Security Act days after the Chairman’s written request, publicans and 6 of whom shall be Democrats. and Chapter 22 of the Internal Revenue Code the subcommittee has not so reported the The jurisdiction of the Subcommittee on (the Railroad Retirement Tax Act), as well measure, then there shall be in order in the Trade shall include bills and matters re- as provisions in title VII and title XI of the full Committee a motion to discharge the ferred to the Committee on Ways and Means Act relating to procedure and administration subcommittee from further consideration of which relate to customs and customs admin- involving the Old-Age, Survivors’ and Dis- the measure. If such motion is approved by a istration including tariff and import fee ability Insurance System. majority vote of the full Committee, the structure, classification, valuation of and 5. The Subcommittee on Human Resources measure may thereafter be considered only special rules applying to imports, and special shall consist of 13 Members, 8 of whom shall by the full Committee. tariff provisions and procedures which relate be Republicans and 5 of whom shall be Demo- No measure reported by a subcommittee to customs operation affecting exports and crats. shall be considered by the full Committee imports: import trade matters, including im- The jurisdiction of the Subcommittee on unless it has been presented to all Members port impact, industry relief from injurious Human Resources shall include bills and of the full Committee at least 2 legislative imports, adjustment assistance and pro- matters referred to the Committee on Ways days prior to the full Committee’s meeting, grams to encourage competitive responses to and Means which relate to the public assist- together with a comparison with present imports, unfair import practices including ance provisions of the Social Security Act law, a section-by-section analysis of the pro- antidumping and countervailing duty provi- including welfare reform, supplemental secu- posed change, a section-by-section justifica- sions, and import policy which relates to de- rity income, aid to families with dependent tion, and a draft statement of the budget ef- pendence on foreign sources of supply; com- children, social services, child support, eligi- fects of the measure that is consistent with modity agreements and reciprocal trade bility of welfare recipients for food stamps, the requirements for reported measures agreements including multilateral and bilat- and low-income energy assistance. More spe- under clause 7 of Rule XIII of the Rules of eral trade negotiations and implementation cifically, the jurisdiction of the Subcommit- the House of Representatives. of agreements involving tariff and nontariff tee on Human Resources shall include bills Rule 11. Recommendation for Appointment trade barriers to and distortions of inter- and matters relating to titles I, IV, VI, X, of Conferees national trade; international rules, organiza- XIV, XVI, XVII, XX and related provisions of Whenever in the legislative process it be- tions and institutional aspects of inter- titles VII and XI of the Social Security Act. comes necessary to appoint conferees, the national trade agreements; budget author- The jurisdiction of the Subcommittee on Chairman of the full Committee shall rec- izations for the U.S. Customs Service, the Human Resources shall also include bills and ommend to the Speaker as conferees the U.S. International Trade Commission, and matters referred to the Committee on Ways names of those Committee members as the U.S. Trade Representative; and special trade- and Means which relate to the Federal-State Chairman may designate. In making rec- related problems involving market access, system of unemployment compensation, and ommendations of minority members as con- competitive condition of specific industries, the financing thereof, including the pro- ferees, the Chairman shall consult with the export policy and promotion, access to mate- grams for extended and emergency benefits. Ranking Minority Member of the Commit- rials in short supply, bilateral trade rela- More specifically, the jurisdiction of the tee. tions including trade with developing coun- Subcommittee on Human Resources shall tries, operations of multinational corpora- also include all bills and matters pertaining C. HEARINGS tions, and trade with non-market economies. to the programs of unemployment compensa- Rule 12. Witnesses 2. The Subcommittee on Oversight shall tion under titles III, IX and XII of the Social In order to assure the most productive use consist of 11 Members, 7 of whom shall be Re- Security Act, Chapters 23 and 23A of the In- of the limited time available to question publicans and 4 of whom shall be Democrats. ternal Revenue Code, the Federal-State Ex- hearing witnesses, a witness who is sched- The jurisdiction of the Subcommittee on tended Unemployment Compensation Act of uled to appear before the full Committee or Oversight shall include all matters within 1970, the Emergency Unemployment Com- a subcommittee shall file with the clerk of H 156 CONGRESSIONAL RECORD — HOUSE January 9, 1995 the Committee at least 48 hours in advance Rule 16. Broadcasting of Hearings returned immediately after its review in the of his appearance a written statement of his The provisions of clause 3(f) of Rule XI of drafting session. proposed testimony. In addition, all wit- the Rules of the House of Representatives The official transcript of a markup or nesses shall comply with formatting require- are specifically made a part of these rules by Committee meeting other than a public ments as specified by the Committee. Fail- reference. In addition, the following policy hearing shall not be published or distributed ure to comply with the 48-hour rule may re- shall apply to media coverage of any meet- to the public in any way except by a major- sult in a witness being denied the oppor- ing of the full Committee or a subcommit- ity vote of the Committee. Before any public tunity to testify in person. Failure to com- tee: release of the uncorrected transcript, mem- ply with the formatting requirements may 1, An appropriate area of the Committee’s bers must be given a reasonable opportunity result in a witness’ statement being rejected hearing room will be designated for members to correct their remarks. In instances in for inclusion in the published hearing record. of the media and their equipment. which a stenographic transcript is kept of a A witness shall limit his oral presentation to 2. No interviews will be allowed in the conference committee proceeding, all of the a summary of his position and shall provide Committee room while the Committee is in requirements of this rule shall likewise be sufficient copies of his written statement to session. Individual interviews must take observed. the clerk for distribution to members, staff place before the gavel falls for the convening Rule 20. Publication of Decisions and and news media. of a meeting or after the gavel falls for ad- A witness appearing at a public hearing, or journment. Legislative Language submitting a statement for the record of a 3. Day-to-day notification of the next day’s A press release describing any tentative or public hearing, or submitting written com- electronic coverage shall be provided by the final decision made by the full Committee or ments in response to a published request for media to the Chairman of the full Commit- a subcommittee on legislation under consid- comments by the Committee must include tee through the chief counsel or some other eration shall be made available to each on his statement or submission a list of all appropriate designee. member of the Committee as soon as pos- clients, persons, or organizations on whose 4. Still photography during a Committee sible, but no later than the next day. How- behalf the witness appears. Oral testimony meeting will not be permitted to disrupt the ever, the legislative draft of any tentative or and statements for the record, or written proceedings or block the vision of Commit- final decision of the full Committee or a sub- comments in response to a request for com- tee members or witnesses. committee shall not be publicly released ments by the Committee, will be accepted 5. Klieg lights will be permitted to illu- until such draft is made available to each only from citizens of the United States or minate the hearing room only during the member of the Committee. corporations or associations organized under first fifteen minutes following the Chair- the laws of one of the 50 States of the United man’s initial calling of the Committee to E. STAFF States or the District of Columbia, unless order. Rule 21. Supervision of Committee Staff otherwise directed by the Chairman of the 6. Further conditions may be specified by The staff of the Committee shall be under full Committee or subcommittee involved. the Chairman. Written statements from noncitizens may be the general supervision and direction of the D. MARKUPS considered for acceptance in the record if Chairman of the full Committee except as transmitted to the Committee in writing by Rule 17. Reconsideration of Previous Vote provided in clause 6 of Rule XI of the Rules Members of Congress. When an amendment or other matter has of the House of Representatives concerning Rule 13. Questioning of Witnesses been disposed of, it shall be in order for any committee expenses and staff. Pursuant to clause 5(d) of Rule XI of the Committee members may question wit- member of the prevailing side, on the same Rules of the House of Representatives, the nesses only when recognized by the Chair- or next day on which a quorum of the Com- Chairman of the full Committee, from the man for that purpose. All members shall be mittee is present, to move the reconsider- funds made available for the appointment of limited to five minutes on the initial round ation thereof, and such motion shall take committee staff pursuant to primary and ad- of questioning. In questioning witnesses precedence over all other questions except ditional expense resolutions, shall ensure under the five-minute rule, the Chairman the consideration of a motion to adjourn. that each subcommittee receives sufficient and the Ranking Minority Member shall be When a paragraph or section of a bill being staff to carry out its responsibilities under recognized first after which members who considered for purpose of amendment has the rules of the Committee, and that the mi- are in attendance at the beginning of a hear- been adopted, it shall not be in order to re- nority party is fairly treated in the appoint- ing will be recognized in the order of their turn thereto except by majority vote of the ment of such staff. seniority on the Committee. Other members Committee. shall be recognized in the order of their ap- Rule 18. Previous Question Rule 22. Staff Honoraria, Speaking pearance at the hearing. In recognizing The Chairman shall not recognize a mem- Engagements, and Unofficial Travel members to question witnesses, the Chair- ber for the purpose of moving the previous This rule shall apply to all majority and man may take into consideration the ratio question unless the member has first advised minority staff of the Committee and its sub- of majority members to minority members the Chair and the Committee that this is the committees. and the number of majority and minority purpose for which recognition is being a. Honoraria.—Under no circumstances members present and shall apportion the rec- sought. shall a staff person accept the offer of an ognition for questioning in such a manner as honorarium. This prohibition includes the not to disadvantage members of the major- Rule 19. Official Transcripts of Markups and direction of an honorarium to a charity. ity. Other Committee Meetings b. Speaking engagements and unofficial trav- Rule 14. Subpoena Power An official stenographic transcript shall be kept accurately reflecting all markups and el.— The power to authorize and issue subpoe- other meetings of the full Committee and (1) Advance approval required.—In the case nas is delegated to the Chairman of the full the subcommittees, whether they be open or of all speaking engagements, fact-finding Committee, as provided for under clause closed to the public. This official transcript, trips, and other unofficial travel, a staff per- 2(m)(2)(A) of Rule XI of the House of Rep- marked as ‘‘uncorrected,’’ shall be available son must receive approval by the full Com- resentatives. for inspection by the public (except for meet- mittee Chairman (or, in the case of the mi- Rule 15. Records of Hearings ings closed pursuant to clause 2(g)(1) of Rule nority staff, from the Ranking Minority An accurate stenographic record shall be XI of the Rules of the House), by Members of Member) at least seven calendar days prior kept of all testimony taken at a public hear- the House, or by Members of the Committee to the event. ing. The staff shall transmit to a witness the together with their staffs, during normal (2) Request for approval.—A request for ap- transcript of his testimony for correction business hours in the full Committee or sub- proval must be submitted in writing to the and immediate return to the Committee of- committee office under such controls as the full Committee Chairman (or, where appro- fices. Only changes in the interest of clarity, Chairman of the full Committee deems nec- priate, the Ranking Minority Member) in accuracy and corrections in transcribing er- essary. Official transcripts shall not be re- connection with each speaking engagement, rors will be permitted. Changes which sub- moved from the Committee or subcommittee fact-finding trip, or other unofficial travel. stantially alter the actual testimony will office. If, however, (1) in the drafting of a Such request must contain the following in- not be permitted. Members shall correct Committee or subcommittee decision, the formation: their own testimony and return transcripts Office of the House Legislative Counsel or (2) (a) the name of the sponsoring organiza- as soon as possible after receipt thereof. The in the preparation of a Committee report, tion and a general description of such orga- Chairman of the full Committee may order the Chief of Staff of the Joint Committee on nization (nonprofit organization, trade asso- the printing of a hearing without the correc- Taxation determines (in consultation with ciation, etc.); tions of a witness or Member if he deter- appropriate majority and minority Commit- (b) the nature of the event, including any mines that a reasonable time has been af- tee staff) that it is necessary to review the relevant information regarding attendees at forded to make corrections and that further official transcript of a markup, such tran- such event; delay would impede the consideration of the script may be released upon the signature (c) in the case of a speaking engagement, legislation or other measure which is the and to the custody of an appropriate Com- the subject of the speech and duration of subject of the hearing. mittee staff person. Such transcript shall be staff travel, if any; and January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 157 (d) in the case of a fact-finding trip or et amendment, and, of course, is the That is what we are going to do. We international travel, a description of the pro- cynicism of politics by fear that goes are going to pass the discipline first, posed itinerary and proposed agenda of sub- on in this place and in this town all the then we are going to lay it out and tell stantive issues to be discussed, as well as a time. Any time anybody wants to come justification of the relevance and importance how we are going to get to a balanced of the fact-finding trip or international trav- down here into this town and into this budget amendment. Then hopefully the el to the staff member’s official duties. well and wants to impose fiscal respon- States will ratify it and we will be on (3) Reasonable travel and lodging expenses,— sibility on the Federal Government, the road to a true balanced budget in After receipt of the advance approval de- they run out people and horror stories this Nation. That is what the people scribed in (1) above, a staff person may ac- about, oh, we’re going to turn widows want. cept reimbursement by an appropriate spon- out in the street and children are going I am sorry it went off like that be- soring organization of reasonable travel and to go hungry. cause my staff is just probably tearing lodging expenses associated with a speaking The point is, ladies and gentlemen, is engagement, fact-finding trip, or inter- themselves apart. I was supposed to national travel related to official duties, pro- this government is headed into disas- come down here to talk about regula- vided such reimbursement is consistent with ter. We are running up debt on our tions and I will do that now. the Rules of the House of Representatives. grandchildren that is immoral. Unless Mr. Speaker, I am here today to in- (In lieu of reimbursement after the event, we impose discipline on this Federal troduce the Regulatory Transition Act expenses may be paid directly by an appro- Government, we will never balance the of 1995, legislation establishing a mora- priate sponsoring organization.) The reason- budget, and they do not want to bal- able travel and lodging expenses of a spouse torium on Federal regulations. ance the budget because they love Regulations are out of control, and (but not children) may be reimbursed (or di- printing money to pay for their social rectly paid) by an appropriate sponsoring or- only going to get more so under this programs. ganization consistent with the Rule of the administration. Measured by the num- It sounds ridiculous to me, in fact I House of Representatives. ber of pages in the Federal Register, in challenge the Democrat side of the (4) Trip summary and report.—In the case of which all new regulations are pub- aisle to show us where you laid out any reimbursement or direct payment asso- lished, Mr. Clinton’s first year saw the ciated with a fact-finding trip or inter- what you would do to implement the most regulatory activity since Presi- national travel, a staff person must submit, equal rights amendment. Everyone within 60 days after such trip, a report sum- over there wants to pass the equal dent Carter’s last. The page total for marizing the trip and listing all expenses re- rights amendment to the Constitution 1993 was 69,688 pages, the third highest imbursed or directly paid by the sponsoring but when did you lay out how we were total of all time. organization. This information shall be sub- This corresponds to an increase in mitted to the Chairman (or, in the case of going to do it before we passed it? It is crazy. the number of regulatory bureaucrats. the minority staff, to the Ranking Minority From 1985 to 1992, regulatory staffing Member). We have to have the discipline of the c. Waiver.—The Chairman (or, where appro- balanced budget amendment first to increased by over 20 percent, to almost priate, the Ranking Minority Member) may force this Congress to make those 125,000 employees. However, the num- waive the application of section (b) of this tough decisions. Let me tell you some- ber of Federal Government employees rule upon a showing of good cause. thing: We are going to show the Amer- devoted to implementing regulations f ican people a balanced budget and how was 126,815 in 1993—an all-time record. we are going to get to the balanced And the administration’s budget for REGULATORY TRANSITION ACT OF budget amendment. fiscal year 1995 proposed increasing 1995 It is politics as usual. They want to that number to 129,648. The SPEAKER pro tempore. Under control the whole issue right here in The average American had to work the Speaker’s announced policy of Jan- Washington, DC. By calling for laying full time until July 10 last year to pay uary 4, 1995, the gentleman from Texas out the cuts before we pass a balanced the costs associated with Government [Mr. DELAY] is recognized for 60 min- budget amendment, that means they taxation, mandates, and regulations. utes as the designee of the majority want the control and they do not want This means that 52 cents of every dol- leader. the American people to have a say in lar earned went to the Government di- BALANCED BUDGET AMENDMENT it. We want the American people to rectly or indirectly. Mr. DELAY. Mr. Speaker, I take this have a say in it. On November 8, 1994, the American hour, or I was going to take this hour, What is going to happen in this people sent a message to Washington. to highlight the fact that I am intro- House at the end of January, we are They voted for a smaller, less intrusive ducing a bill establishing a morato- going to pass a balanced budget by this Government. An important step toward rium on Federal regulations, but I House and we are going to send it over reaching this goal is curtailing these think I will take at least the beginning to the Senate, they are going to pass a excesses of Federal regulation and red- of my time to answer some of those on balanced budget amendment, then it is tape that are now estimated to cost the the other side of the aisle in this obvi- going to be sent to the States for rati- economy over $500 billion annually. ously orchestrated theme and strategy fication by three-fourths of the legisla- This burden leads to job loss, slower to try to kill the balanced budget tures and the governments that are productivity growth, reduced competi- amendment. closest to the people, the State legisla- tiveness, and higher prices for consum- All the talk that has gone on on this tures. ers. Small businesses—the job-creating floor and over the weekend about how While that is going on, and that is a engines of our economy—spend at least we should show how we are going to process we have to go through, we are a billion dollars a year filling out Gov- balance the budget before we actually going to lay out a budget this spring ernment forms, according to the Small vote on a balanced budget amendment that will show the American people Business Administration. is just that, it is nothing but talk. how we will get to a balanced budget Although regulations are often well- Most of the people that have spoken by the year 2002. intended, in their implementation too against the balanced budget amend- We have to have the discipline first. many are oppressive, unreasonable, and ment today and over the weekend, in- Then we will tell you how we are going even irrational. I have given these ex- cluding the President of the United to do it while they are ratifying it in amples before, but I would like to give States, are against the balanced budget the States. Then the people will decide them again because they make my amendment. Those Members that are whether they want the balanced budget point so well: more senior that have had an oppor- amendment to the Constitution, not a One company that inadvertently tunity to vote on a balanced budget bunch of politicians in Washington, wrote a name on line 18 rather than amendment have voted against the bal- DC. line 17 was fined $5,000 by the EPA. anced budget amendment. This is a That is what the elections were on A drycleaner was fined for not post- very feeble and frankly I say a really November 8. That is what they were all ing a piece of paper listing the number silly attempt to kill the balanced budg- about. The American people are tired of employee injuries in the last 12 et amendment, try to stir up the Amer- of this place making all their decisions months, when in fact there were no in- ican people against the balanced budg- for them. juries during that time. H 158 CONGRESSIONAL RECORD — HOUSE January 9, 1995

Detailed safety data sheets are re- streamline regulatory burdens rather Mr. GEPHARDT. quired for such dangerous materials as than imposing new ones. (The following Members (at the re- Joy dishwashing liquid, chalk, and Some bureaucrats forget that it is quest of Mr. SMITH of New Jersey) and even air. the Congress that makes the laws, del- to include extraneous matter:) OSHA has classified children’s teeth egates the power to issue regulations Mr. EWING. as hazardous waste. implementing the laws to the agencies, Mr. POMBO. On November 10, the Clinton admin- and controls the standards and proc- Mr. WOLF. istration released its Unified Agenda of esses by which the regulations are Mr. DAVIS. Federal Regulations, which outlines its made by the agencies. f plan to pursue over 4,300 rulemakings Make no mistake. A Federal regula- in the next fiscal year. It is difficult to tion is a law that can affect life, lib- ADJOURNMENT believe that all of these 4,300 erty, and property of Americans. Fair- Mrs. CUBIN. Mr. Speaker, I move rulemakings have to be completed and ness, justice, and equity must be re- that the House do now adjourn. implemented before the 104th Congress flected in the laws of the land, includ- The motion was agreed to; accord- can take the opportunity to consider ing Federal regulations. ingly (at 2 o’clock and 56 minutes regulatory reform. The American peo- The 104th Congress should undertake p.m.), under its previous order, the ple will not tolerate a rush to new reg- a thorough review of Federal regula- House adjourned until Wednesday, Jan- ulations by the entrenched bureauc- tions, starting with the way they are uary 11, 1995, at 11 a.m. made and enforced, and make such ad- racy before the 104th Congress can even f attempt to make appropriate changes justments to the statutes of this land in the law. as are necessary to reflect the mandate REPORTS OF COMMITTEES ON of the American people. No such thor- Proof of this sentiment is evident in PUBLIC BILLS AND RESOLUTIONS ough review has been possible for some the recently formed Project Relief, a 40 years. It is a daunting but welcome Under clause 2 of rule XIII, reports of broad-based, nonpartisan coalition of task. It cannot be achieved overnight, committees were delivered to the Clerk over 200 organizations and individuals nor even in the first 100 days of this for printing and reference to the proper representing businesses, trade associa- Congress, but we can make a start. calendar, as follows: tions, citizen advocacy organizations, That start will be impeded if legions of [Submitted January 4, 1995] social groups, think tanks, minority new regulations go into effect before Mr. MILLER of California: Commit- groups, state and local officials, and even the initial consideration for regu- tee on Natural Resources. Legislative others. These various interests have latory reform and relief can be given. and review activities of the Committee come together in this push for com- Introducing this bill with me today is on Natural Resources during the 103d prehensive reform and are working Congressman DAVID MCINTOSH, who is Congress (Rept. 103–890). Referred to closely with both the House and the the chairman of the Government Re- the Committee of the Whole House on Senate on this front. form and Oversight Committee’s Sub- the State of the Union. In order to have the opportunity for committee on Regulatory Affairs. I f orderly consideration of regulatory re- look forward to working with him on form issues by the whole Congress—Re- this very important issue. PUBLIC BILLS AND RESOLUTIONS publican and Democrat Members f alike—the new majority leadership re- Final listing of all bills and resolu- spectfully asked the President on De- SPECIAL ORDERS GRANTED tions introduced on January 4 and Jan- uary 5; supercedes listing appearing in cember 12, 1994, to order a moratorium By unanimous consent, permission to on all Federal rulemaking, with appro- the Record on those days. address the House, following the legis- Under clause 5 of rule X and clause 4 priate exceptions. Sadly, the President lative program and any special orders of rule XXII, public bills and resolu- declined to issue such an order. heretofore entered, was granted to: tions were introduced and severally re- We have, therefore, no choice except (The following Member (at her own ferred as follows: to deal with the regulators ourselves, request) to revise and extend her re- and we do so with this legislation. The marks and include extraneous mate- [Submitted January 4, 1995] Regulatory Transition Act of 1995 pro- rial:) By Mr. SHAYS, Mr. GOODLING, and Mr. THOMAS (for themselves, and poses the moratorium that the Presi- (Ms. JACKSON-LEE, for 5 minutes, Mr. MCHALE, Mr. HOYER, Mr. DICKEY, dent refused to order, indicating that it today. Mr. HAMILTON, Mrs. FOWLER, Mrs. is to be business as usual in the Fed- (The following Members (at the re- CLAYTON, Mr. FAWELL, Mr. BARRETT eral bureaucracy. That is not the mes- quest of Mr. SMITH of New Jersey) to of Wisconsin, Mr. BARTLETT of Mary- sage sent by the American people in revise and extend their remarks and in- land, Mr. TORKILDSEN, Mr. MCKEON, the last election. clude extraneous material:) Mr. ALLARD, Mr. ARCHER, Mr. ARMEY, Through the introduction of this bill Mr. SMITH of New Jersey, for 5 min- Mr. BACHUS, Mr. BAKER of Louisiana, and the hearings that will be held on utes, today. Mr. BAKER of California, Mr. BALLENGER, Mr. BARR, Mr. BARRETT it, the administration and others will Mr. ARCHER, for 5 minutes, today. of Nebraska, Mr. BARTON of Texas, be given the opportunity to justify why f Mr. BEREUTER, Mr. BILBRAY, Mr. BLI- all of the regulations placed into effect EXTENSION OF REMARKS LEY, Mr. BLUTE, Mr. BOEHLERT, Mr. since the date of the last election BONILLA, Mr. BONO, Mr. BRYANT of should remain in full force without the By unanimous consent, permission to Tennessee, Mr. BUNN of Oregon, Mr. possibility of reconsideration as a re- revise and extend remarks was granted BUNNING of Kentucky, Mr. BURR, Mr. sult of any regulatory reforms enacted to: BUYER, Mr. CALVERT, Mr. CAMP, Mr. by the 104th Congress. (The following Members (at the re- CANADY, Mr. CASTLE, Mr. CHABOT, Mr. CHAMBLISS, Mr. CHRISTENSEN, Mr. I would like to make clear that the quest of Ms. JACKSON-LEE) and to in- CHRYSLER, Mr. CLINGER, Mr. COBLE, bill does not suspend any existing or clude extraneous matter:) Mr. COBURN, Mr. COMBEST, Mr. COX, new regulation that responds to an Mr. FOGLIETTA in two instances. Mr. CRANE, Mr. CRAPO, Mr. emergency or is necessary because of Mr. ACKERMAN. CREMEANS, Mr. CUNNINGHAM, Mr. an imminent threat to health or safe- Mr. BERMAN. DAVIS, Mr. DOOLITTLE, Mr. DREIER, ty, or which is essential to the enforce- Ms. WOOLSEY in two instances. Ms. DUNN of Washington, Mr. EHR- ment of criminal laws. The President, Mr. TRAFICANT in three instances. LICH, Mr. ENSIGN, Mr. EWING, Mr. acting on the written request of an Mr. CONDIT. FLANAGAN, Mr. FOLEY, Mr. FRANKS of New Jersey, Mr. FRANKS of Connecti- agency head, is charged with the re- Mr. JOHNSON of South Dakota. cut, Mr. FRISA, Mr. GALLEGLY, Mr. OLEMAN sponsibility for making this deter- Mr. C . GANSKE, Mr. GILLMOR, Mr. mination. Mr. STARK. GOODLATTE, Mr. GOSS, Mr. GRAHAM, Additionally, the bill does not sus- Mr. HAMILTON. Mr. GREENWOOD, Mr. GUTKNECHT, Mr. pend regulations that reduce or Mr. CARDIN. HANCOCK, Mr. HEFLEY, Mr. HOEKSTRA, January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 159

Mr. HORN, Mr. HOSTETTLER, Mr. SON, Mr. INGLIS of South Carolina, WICKER, Mr. ZIMMER, Mr. CRAPO, Mr. HOUGHTON, Mr. SAM JOHNSON, Mr. Mr. ISTOOK, Mrs. JOHNSON of Con- KOLBE, Mr. PAXON, Mr. YOUNG of JONES, Mr. KASICH, Mr. KIM, Mr. necticut, Mr. JONES, Mr. KIM, Mr. Florida, Mr. WELDON of Florida, Mr. KING, Mr. KLUG, Mr. KNOLLENBERG, KINGSTON, Mr. KNOLLENBERG, Mr. COMBEST, Mr. COBLE, Mr. EHRLICH, Mr. LAHOOD, Mr. LANTOS, Mr. LAHOOD, Mr. LARGENT, Mr. LATHAM, Mrs. MEYERS of Kansas, and Mr. HUN- LARGENT, Mr. LATOURETTE, Mr. Mr. LATOURETTE, Mr. LAZIO, Mr. TER): LAZIO of New York, Mr. LEACH, Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, H.R. 3. A bill to control crime; to the Com- LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LINDER, Mr. LOBIONDO, Mr. mittee on the Judiciary. Mr. LINDER, Mr. LIVINGSTON, Mr. LONGLEY, Mr. MCCOLLUM, Mr. By Mr. SHAW, Mr. TALENT, and Mr. LOBIONDO, Mr. LONGLEY, Mr. LUCAS, MCHUGH, Mr. MCINTOSH, Mr. MICA, LATOURETTE (for themselves, Mr. Mr. MCCOLLUM, Mr. MCDADE, Mr. Mr. MILLER of Florida, Ms. MOLINARI, HUTCHINSON, Mr. HOSTETTLER, Mr. MCHUGH, Mr. MCINNIS, Mr. MCINTOSH, Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, JONES, Mr. TIAHRT, Mrs. MYRICK, MR. Mr. MANZULLO, Mr. MARTINI, Mrs. Mr. PACKARD, Mr. POMBO, Mr. ENSIGN, Mrs. CUBIN, Mr. KINGSTON, MEYERS of Kansas, Mr. MICA, Mr. PORTMAN, Mr. QUILLEN, Mr. QUINN, Mr. HASTINGS of Washington, Mr. MILLER of Florida, Ms. MOLINARI, Mr. Mr. RADANOVICH, Mr. ROHRABACHER, GANSKE, Mr. EWING, Mr. WELDON of MOORHEAD, Mrs. MORELLA, Mrs. Mr. RIGGS, Mr. ROTH, Mr. ROYCE, Mr. Florida, Mr. COBURN, Mr. LEWIS of MYRICK, Mr. NETHERCUTT, Mr. NEY, SANFORD, Mr. SAXTON, Mr. SCHAEFER, Kentucky, Mr. BUNNING, Mr. FOLEY, Mr. NORWOOD, Mr. NUSSLE, Mr. PACK- Mr. SENSENBRENNER, Mr. SHADEGG, Mr. INGLIS of South Carolina, Mr. ARD, Mr. PAXON, Mr. PETRI, Mr. POR- Mr. SHAW, Mr. SHAYS, Mr. SMITH of TER, Ms. PRYCE, Mr. QUILLEN, Mr. Michigan, Mr. SMITH of New Jersey, LIGHTFOOT, Mr. ISTOOK, Mr. CALVERT, QUINN, Mr. RADANOVICH, Mr. REGULA, Mr. SMITH of Texas, Mr. SOLOMON, Mr. HOBSON, Mr. CREMEANS, Mr. Mr. RIGGS, Mr. ROBERTS, Mr. Mr. STEARNS, Mr. STOCKMAN, Mr. KNOLLENBERG, Mr. BILIRAKIS, Mr. ROHRABACHER, Mr. ROTH, Mrs. ROU- STUMP, Mr. TALENT, Mr. TATE, Mr. HAYWORTH, Mr. FOX, Mr. KEMA, Mr. ROYCE, Mr. SAXTON, Mr. TAYLOR of North Carolina, Mr. RADANOVICH, Mr. ROTH, Mr. WAMP, SENSENBRENNER, Mr. SKEEN, Mr. THORNBERRY, Mr. TIAHRT, Mr. UPTON, Mr. GOODLING, Mr. GILCHREST, Mr. SMITH of Texas, Mr. SOUDER, Mr. Mrs. WALDHOLTZ, Mr. WAMP, Mr. SOLOMON, Mr. BLILEY, Mr. DOOLITTLE, STEARNS, Mr. STUMP, Mr. TAYLOR of WELDON of Florida, Mr. WELDON of Mr. PACKARD, Mr. STUMP, Mr. EVER- North Carolina, Mrs. VUCANOVICH, Pennsylvania, Mr. WHITFIELD, Mr. ETT, Mr. GILMAN, Mr. MILLER of Flor- Mr. WAMP, Mr. YOUNG of Florida, Mr. WICKER, Mr. WELLER, Mr. ZELIFF, Mr. ida, Mr. DORNAN, Mr. HASTERT, Mr. ACKERMAN, Mr. BRYANT of Texas, Mr. ZIMMER, Mr. KOLBE, Mr. PAXON, Mr. CUNNINGHAM, Mr. FORBES, Mr. CARDIN, Mr. CONDIT, Ms. DANNER, Ms. YOUNG of Florida, Mr. COMBEST, Mr. LINDER, Mr. BLUTE, Mr. ESHOO, Mr. FILNER, Mr. GORDON, Mr. COBLE, Mr. EHRLICH, and Mrs. MEY- ROHRABACHER, Mr. COOLEY, Mr. HOLDEN, Mr. JOHNSON of South Da- ERS of Kansas): SMITH of Texas, Mr. CLINGER, Mr. kota, Mr. JOHNSTON of Florida, Mr. H.R. 2. A bill to give the President item BACHUS, Mr. BALLENGER, Mr. CAL- KLINK, Mr. LAFALCE, Mrs. MALONEY, veto authority over appropriation acts and LAHAN, Mr. ENGLISH, Mr. SAXTON, Mr. Mr. MARKEY, Mr. MEEHAN, Mr. NEAL targeted tax benefits in revenue acts; to the CHRYSLER, Mr. CAMP, Mr. HANCOCK, of Massachusetts, Mr. ORTON, Mr. committee on Government Reform and Over- Mr. NUSSLE, Mr. GREENWOOD, Mr. PALLONE, Mr. POMBO, Mr. POSHARD, sight, and in addition to the Committee on BARTLETT of Maryland, Mr. TAYLOR Mr. REED, Mr. ROEMER, Mr. SCHUMER, Rules, for a period to be subsequently deter- of North Carolina, Mr. MCCRERY, Mr. Ms. SLAUGHTER, Mr. STENHOLM, Mrs. mined by the Speaker, in each case for con- LARGENT, Mr. BAKER of Louisiana, THURMAN, Mr. SANDERS, Mr. FORBES, sideration of such provisions as fall within Mr. COLLINS of Georgia, Mr. ARCHER, Mr. SOLOMON, Mr. ROSE, Mr. KOLBE, the jurisdiction of the committee concerned. Mr. THOMAS, Mr. HERGER, Mr. SAM Mr. PARKER, Mr. SCHAEFER, and Mr. By Mr. MCCOLLUM, Mr. CANADY, Mr. JOHNSON, Mr. STEARNS, Mr. STOCK- UPTON): BARR, and Mr. BREWSTER (for MAN, Mr. SMITH of Michigan, Mr. H.R. 1. A bill to make certain laws applica- themselves, Mr. ALLARD, Mr. ARMEY, BAKER of California, Mrs. ROUKEMA, ble to the legislative branch of the Federal Mr, BACHUS, Mr. BAKER of California, Mr. SENSENBRENNER, Mr. HEINEMAN, Government; to the Committee on Economic Mr. BALLENGER, Mr. BARTLETT of Mrs. FOWLER, Mr. ROYCE, Mr. FLANA- and Educational Opportunities, and in addi- Maryland, Mr. BARTON of Texas, Mr. GAN, Mr. BURR, Mr. LATHAM, Ms. tion to the Committees on House Oversight, BILIRAKIS, Mr. BLILEY, Mr. BLUTE, MOLINARI, Mr. GUNDERSON, Mr. Government Reform and Oversight, Rules, Mr. BONO, Mr. BUNNING, Mr. BURR, RIGGS, Mr. THORNBERRY, Mr. ALLARD, and the Judiciary, for a period to be subse- Mr. CALLAHAN, Mr. CALVERT, Mr. Mr. CHRISTENSEN, Mr. GOODLATTE, quently determined by the Speaker, in each CAMP, Mr. CHRISTENSEN, Mr. CHRYS- Mr. HILLEARY, Mr. WICKER, Mr. BONO, case for consideration of such provisions as LER, Mr. CLINGER, Mr. COBURN, Mr. Mr. FRISA, Mr. SHADEGG, Mr. CANADY, fall within the jurisdiction of the committee COOLEY, Mr. CREMEANS, Mrs. CUBIN, Mr. MCCOLLUM, Mr. BARTON of Texas, concerned. Mr. DAVIS, Mr. DOOLITTLE, Mr. DOR- Mr. BARR, Mr. ARMEY, Mr. HORN, Ms. By Mr. CLINGER, Mr. BLUTE, Mr. NAN, Ms. DUNN, Mr. ENGLISH, Mr. EM- DUNN, Mr. TATE, Mr. MICA, Mr. NEUMANN, and Mr. PARKER (for ERSON, Mr. EWING, Mr. EVERETT, Mr. CRAPO, Mr. PAXON, Mr. YOUNG of themselves, Mr. ALLARD, Mr. ARMEY, FLANAGAN, Mr. FOLEY, Mr. FORBES, Florida, Mr. WELDON of Pennsylva- Mr. BAKER of California, Mr. Mrs. FOWLER, Mr. FOX, Mr. FRISA, OMBEST OBLE BUNNING, Mr. BACHUS, Mr. Mr. GANSKE, Mr. GILCHREST, Mr. GIL- nia, Mr. C , Mr. C , and Mr. BALLENGER, Mr. BARR, Mr. BARTLETT MAN, Mr. GOODLATTE, Mr. GORDON, EHRLICH): of Maryland, Mr. BARTON of Texas, Mr. GOSS, Mr. GREENWOOD, Mr. HAN- H.R. 4. A bill to restore the American fam- Mr. BILIRAKIS, Mr. BONO, Mr. BRYANT COCK, Mr. HASTERT, Mr. HASTINGS of ily, reduce illegitimacy, control welfare of Tennessee, Mr. BROWNBACK, Mr. Washington, Mr. HAYWORTH, Mr. spending, and reduce welfare dependence: BURR, Mr. BURTON of Indiana, Mr. HEINEMAN, Mr. HERGER, Mr. Title I, referred to the Committee on Ways CALVERT, Mr. CALLAHAN, Mr. CAMP, HILLEARY, Mr. HOBSON, Mr. HOKE, Mr. and Means, and in addition to the Committee Mr. CANADY, Mr. CASTLE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. on Banking and Financial Services, for a pe- CHRISTENSEN, Mr. CHRYSLER, Mr. INGLIS of South Carolina, Mr. ISTOOK, riod to be subsequently determined by the COBURN, Mr. COLLINS of Georgia, Ms. Mr. JONES, Mr. KIM, Mr. KINGSTON, Speaker, in each case for consideration of COLLINS of Michigan, Mr. COOLEY, Mr. KNOLLENBERG, Mr. LAHOOD, Mr. such provisions as fall within the jurisdic- Mr. COX, Mr. CRAPO, Mr. CREMEANS, LARGENT, Mr. LATHAM, Mr. tion of the committee concerned; Mr. CUNNINGHAM, Ms. DANNER, Mr. LATOURETTE, Mr. LEWIS of Kentucky, Title II, referred to the Committee on DAVIS, Mr. DOOLITTLE, Mr. DORNAN Mr. LIGHTFOOT, Mr. LINDER, Mr. Ways and Means, and in addition to the Com- Mr. DREIER, Ms. DUNN, Mr. EMERSON, MCHUGH, Mr. MCINTOSH, Mr. MICA, mittee on Economic and Educational Oppor- Mr. ENGLISH, Mr. ENSIGN, Mr. EVER- Mr. MILLER of Florida, Ms. MOLINARI, tunities, for a period to be subsequently de- ETT, Mr. EWING, Mr. FAWELL, Mr. Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, termined by the Speaker, in each case for FLANAGAN, Mr. FOLEY, Mr. FORBES, Mr. PACKARD, Mr. POMBO, Mr. QUINN, consideration of such provisions as fall with- Mrs. FOWLER, Mr. FOX, Mr. Mr. RADANOVICH, Mr. RIGGS, Mr. in the jurisdiction of the committee con- FRELINGHUYSEN, Mr. FRISA, Mr. ROHRABACHER, Mr. ROTH, Mr. ROYCE, cerned; GANSKE, Mr. GILLMOR, Mr. Mr. SAXTON, Mr. SENSENBRENNER, Mr. Title III, referred to the Committee on GOODLATTE, Mr. GOODLING, Mr. GOSS, SHADEGG, Mr. SHAW, Mr. SMITH of Ways and Means, and in addition to the Com- Mr. GREENWOOD, Mr. GUNDERSON, Mr. Michigan, Mr. SMITH of Texas, Mr. mittees on Banking and Financial Services, HALL of Texas, Mr. HANCOCK, Mr. SOLOMON, Mr. STEARNS, Mr. STOCK- Economic and Educational Opportunities, HASTERT, Mr. HASTINGS of Washing- MAN, Mr. STUMP, Mr. TATE, Mr. TAY- the Budget, and Rules, for a period to be sub- ton, Mr. HAYWORTH, Mr. HEINEMAN, LOR of North Carolina, Mr. sequently determined by the Speaker, in Mr. HERGER, Mr. HILLEARY, Mr. HOB- THORNBERRY, Mr. TIAHRT, Mrs. each case for consideration of such provi- SON, Mr. HOKE, Mr. HOSTETTLER, Mr. WALDHOLTZ, Mr. WAMP, Mr. WELDON sions as fall within the jurisdiction of the HORN, Mr. HOUGHTON, Mr. HUTCHIN- of Pennsylvania, Mr. WELLER, Mr. committee concerned; H 160 CONGRESSIONAL RECORD — HOUSE January 9, 1995

Title IV, referred to the Committee on ARD, Mr. RADANOVICH, Mr. RIGGS, Mr. Title III, referred to the Committee on Na- Ways and Means, and in addition to the Com- ROTH, Mr. ROYCE, Mr. SAXTON, Mr. tional Security, and in addition to the Com- mittees on Banking and Financial Services, SENSENBRENNER, Mr. SHADEGG, Mr. mittee on International Relations, for a pe- Commerce, Economic and Educational Op- SHAW, Mr. SHAYS, Mr. SMITH of New riod to be subsequently determined by the portunities, the Judiciary, and Agriculture, Jersey, Mr. SMITH of Michigan, Mr. Speaker, in each case for consideration of for a period to be subsequently determined SOLOMON, Mr. STEARNS, Mr. STOCK- such provisions as fall within the jurisdic- by the Speaker, in each case for consider- MAN, Mr. STUMP, Mr. TALENT, Mr. tion of the committee concerned; ation of such provisions as fall within the ju- TATE, Mr. TAYLOR of North Carolina, Section 401, referred to the Committee on risdiction of the committee concerned; Mr. THORNBERRY, Mr. THOMAS, Mr. National Security; and in addition to the Title V, referred to the Committee on Ag- TIAHRT, Mrs. WALDHOLTZ, Mr. WAMP, Committee on International Relations, for a riculture, and in addition to the Committees Mr. WELDON of Florida, Mr. WELLER, period to be subsequently determined by the on Economic and Educational Opportunities Mr. WICKER, Mr. ZIMMER, Mr. CRAPO, Speaker, in each case for consideration of and the Judiciary, for a period to be subse- Mr. KOLBE, Mr. PAXON, Mr. YOUNG of such provisions as fall within the jurisdic- quently determined by the Speaker, in each Florida, Mr. BROWNBACK, Mr. WELDON tion of the committee concerned; case for consideration of such provisions as of Pennsylvania, Mr. COMBEST, Mr. Section 402, referred to the Committee on fall within the jurisdiction of the committee COBLE, Mr. EHRLICH, and Mrs. MEY- International Relations: concerned; ERS of Kansas): Title V, referred to the Committee on Title VI–VII, referred to the Committee on H.R. 6. A bill to amend the Internal Reve- International Relations, and in addition to Ways and Means; and nue Code of 1986 to provide a tax credit for the Committee on National Security and the Title VIII, referred to the Committee on families, to reform the marriage penalty, Permanent Select Committee on Intel- Ways and Means, and in addition to the Com- and for other purposes; to the Committee on ligence, for a period to be subsequently de- mittees on Agriculture, Budget, Economic Ways and Means. termined by the Speaker, in each case for and Educational Opportunities, Banking and By Mr. SPENCE, Mr. GILMAN, Mr. consideration of such provisions as fall with- Financial Services, Commerce, Agriculture, BRYANT of Tennessee, Mr. HAYES in the jurisdiction of the committee con- the Judiciary, and Rules, for a period to be (for themselves, Mr. WELDON of Penn- cerned; subsequently determined by the Speaker, in each case for consideration of such provi- sylvania, Mr. DORNAN, Mr. SAXTON, Title VI, referred to the Committee on sions as fall within the jurisdiction of the Mr. TORKILDSEN, Mr. BARTLETT of International Relations; and committee concerned. Maryland, Mr. LONGLEY, Mr. CAL- Title VII, referred to the Committee on the By Mr. CLINGER, Mr. PORTMAN, Mr. LAHAN, Mr. ROYCE, Mr. BACHUS, Mr. Budget. CONDIT, and Mr. DAVIS (for them- HOKE, Mr. HASTERT, Mr. SMITH of By Mr. BUNNING, Mr. HASTERT, Mrs. UNDERBURK selves, and Mr. SHAYS, Mr. MCHUGH, Texas, Mr. F , Mr. KELLY, and Mrs. THURMAN (for Mr. MICA, Mr. HORN, Mr. ZELIFF, Mr. CLINGER, Mr. KIM, Mr. BALLENGER, themselves, Mr. WICKER, Mr. HOKE, BURTON of Indiana, Mr. SCHIFF, Mr. Mr. POMBO, Mr. NUSSLE, Mr. CRANE, Mr. FRISA, Mr. MCINTOSH, Mr. BLUTE, Mr. FOX, Mr. WALSH and Mr. Mr. TAYLOR of North Carolina, Mr. SHADEGG, Mrs. JOHNSON of Connecti- CUNNINGHAM): CRAPO, Mr. KOLBE, Mr. HALL of cut, Mr. CHRYSLER, Mr. CUNNINGHAM, H.R. 5. A bill to curb the practice of impos- Texas, Mr. PAXON, Mr. YOUNG of Flor- Mr. CANADY, Mr. MCCOLLUM, Mr. ing unfunded Federal mandates on States ida, Mr. COMBEST, Mr. COBLE, Mr. SHAYS, Mr. BARTON of Texas, Mr. and local governments, to ensure that the EHRLICH, Mrs. MEYERS of Kansas, Mr. GILLMOR, Mr. BARR, Mr. ARMEY, Mr. Federal Government pays the costs incurred STOCKMAN, Mr. SMITH of Michigan, FORBES, Mr. HORN, Mrs. WALDHOLTZ, by those governments in complying with cer- Mr. BAKER of California, Mr. COX, Mr. Mr. TATE, Ms. DUNN, Mr. MICA, Mr. tain requirements under Federal statutes SHAW, Mr. HERGER, Mr. HEINEMAN, MCHUGH, Mr. CRANE, Mr. DORNAN, and regulations, and to provide information Mrs. FOWLER, Mr. STEARNS, Mr. Mr. BACHUS, Mr. SMITH of Texas, Mr. on the cost of Federal mandates on the pri- HUTCHINSON, Mr. HANCOCK, Mr. ZIM- WELDON of Pennsylvania, Mr. OXLEY, vate sector, and for other purposes; to the MER, Mr. LINDER, Mr. EMERSON, Mr. Mr. ROHRABACHER, Ms. DANNER, Mr. Committee on Government Reform and HOSTETTLER, Mr. JONES, Mr. ENSIGN, SAXTON, Mr. KIM, Mr. BALLENGER, Oversight, and in addition to the Commit- Mr. TIAHRT, Mrs. MYRICK, Mr. HOUGH- Mr. CALLAHAN, Mr. TALENT, Mr. tees on Rules, the Budget, and the Judiciary, TON, Mr. FRELINGHUYSEN, Mr. EWING, BAKER of Louisiana, Mr. SCHAEFER, for a period to be subsequently determined Mrs. CUBIN, Mr. HASTINGS of Wash- Mr. FILNER, Mr. CRAPO, Mr. KOLBE, by the Speaker, in each case for consider- ington, Mr. WELDON of Florida, Mr. Mr. HALL of Texas, Mr. PAXON, Mr. ation of such provisions as fall within the ju- GANSKE, Mr. COBURN, Mr. LARGENT, THOMAS, Mr. COMBEST, Mr. COBLE, risdiction of the committee concerned. Mr. WELLER, Mr. LEWIS of Kentucky, Mr. EHRLICH, Mrs. MEYERS of Kansas, By Mr. CRANE, Mr. NUSSLE, and Mr. Mr. LAHOOD, Mr. BUNNING, Mr. Mr. YOUNG of Florida, Mr. GOSS, Mr. SALMON (for themselves, Mr. AL- FOLEY, Mr. INGLIS of South Carolina, STOCKMAN, Mr. SMITH of Michigan, LARD, Mr. ARMEY, Mr. BAKER of Cali- Mr. LIGHTFOOT, Mr. ISTOOK, Mr. CAL- Mr. COX, Mr. STEARNS, Mr. BAKER of fornia, Mr. BAKER of Louisiana, Mr. VERT, Mr. HOBSON, Mr. CREMEANS, California, Mr. SHAW, Mr. HERGER, BALLENGER, Mr. BARR, Mr. BARTLETT Mr. KNOLLENBERG, Mr. BILIRAKIS, Mr. Mr. HEINEMAN, Mr. HANCOCK, Mr. of Maryland, Mr. BARTON of Texas, GOODLING, Mr. HAYWORTH, Mr. FOX, SENSENBRENNER, Mrs. FOWLER, Mr. Mr. BILIRAKIS, Mr. BLILEY, Mr. Mr. RADANOVICH, Mr. WAMP, Mr. GREENWOOD, Mr. ZIMMER, Mr. LINDER, BLUTE, Mr. BONO, Mr. BUNNING, Mr. GILCHREST, Mr. BLUTE, Mr. SOLOMON, Mr. HUTCHINSON, Mr. EMERSON, Mr. BURR, Mr. CALLAHAN, Mr. CALVERT, Mr. BLILEY, Mr. DOOLITTLE, Mr. ENGLISH, Mr. HOSTETTLER, Mr. JONES, Mr. CAMP, Mr. CANADY, Mr. PACKARD, Mr. STUMP, Mr. EVERETT, Mr. ENSIGN, Mr. SMITH of New Jersey, CREMEANS, Mr. CHRISTENSEN, Mr. Mr. MILLER of Florida, Mr. Mr. TIAHRT, Mrs. MYRICK, Mr. CHRYSLER, Mr. COBURN, Mr. COOLEY, LATOURETTE, Mr. FLANAGAN, Mr. FRELINGHUYSEN, Mr. HOUGHTON, Mrs. Mrs. CUBIN, Mr. CUNNINGHAM, Mr. BURR, Ms. MOLINARI, Mr. GUNDERSON, CUBIN, Mr. KINGSTON, Mr. EWING, Mr. DOOLITTLE, Mr. DORNAN, Ms. DUNN, Mr. THORNBERRY, Mr. RIGGS, Mr. HASTINGS of Washington, Mr. Mr. EMERSON, Mr. ENGLISH, Mr. EN- GOODLATTE, Mr. CHRISTENSEN, Mr. GANSKE, Mr. WELDON of Florida, Mr. SIGN, Mr. EWING, Mr. FLANAGAN, Mr. HILLEARY, Mr. WICKER, Mr. BONO, Mr. COBURN, Mr. LARGENT, Mr. WELLER, FOLEY, Mrs. FOWLER, Mr. FORBES, COOLEY, Mr. FRISA, Mr. MCINTOSH, Mr. LEWIS of Kentucky, Mr. FOLEY, Mr. FOX, Mr. FRISA, Mr. GANSKE, Mr. Mr. SMITH of New Jersey, Mr. Mr. INGLIS of South Carolina, Mr. GILCHREST, Mr. GILMAN, Mr. SHADEGG, Mrs. JOHNSON of Connecti- LIGHTFOOT, Mr. ISTOOK, Mr. CALVERT, GILLMOR, Mr. GOODLATTE, Mr. GOOD- cut, Mr. CUNNINGHAM, Mr. CHRYSLER, Mr. HOBSON, Mr. CREMEANS, Mr. LING, Mr. GREENWOOD, Mr. GUNDER- Mr. CANADY, Mr. MCCOLLUM, Mr. KNOLLENBERG, Mr. BILIRAKIS, Mr. SON, Mr. HANCOCK, Mr. HASTINGS of BARTON of Texas, Mr. GILLMOR, Mr. HAYWORTH, Mr. FOX, Mr. GOODLING, Washington, Mr. HAYWORTH, Mr. BARR, Mr. ARMEY, Mr. FORBES, Mrs. Mr. RADANOVICH, Mr. ROTH, Mr. HEINEMAN, Mr. HERGER, Mr. WALDHOLTZ, Mr. TATE, Ms. DUNN, Mr. WAMP, Mr. GILCHREST, Mr. BLUTE, HILLEARY, Mr. HOBSON, Mr. MICA, and Mr. MCHUGH): Mr. SOLOMON, Mr. DOOLITTLE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. H.R. 7. A bill to revitalize the national se- CAMP, Mr. UPTON, Mr. PACKARD, Mr. INGLIS of South Carolina, Mr. ISTOOK, curity of the United States: STUMP, Mr. EVERETT, Mr. GILMAN, Mrs. JOHNSON of Connecticut, Mr. Title I, referred to the Committee on Inter- Mr. MILLER of Florida, Mr. JONES, Mr. KINGSTON, Mr. national Relations, and in addition to the LATOURETTE, Mr. ROYCE, Mr. FLANA- KNOLLENBERG, Mr. LARGENT, Mr. Committee on National Security, for a pe- GAN, Mr. BURR, Mr. LATHAM, Mr. LATOURETTE, Mr. LATHAM, Mr. LEWIS riod to be subsequently determined by the DAVIS, Ms. MOLINARI, Mr. GUNDER- of Kentucky, Mr. LIGHTFOOT, Mr. Speaker, in each case for consideration of SON, Mr. THORNBERRY, Mr. RIGGS, Mr. LINDER, Mr. LONGLEY, Mr. MCCOL- such provisions as fall within the jurisdic- PORTER, Mr. ALLARD, Mr. LUM, Mr. MCHUGH, Mr. MCINTOSH, Mr. tion of the committee concerned; CHRISTENSEN, Mr. GOODLATTE, Mr. MICA, Mr. MILLER of Florida, Ms. Title II, referred to the Committee on Na- HILLEARY, Mr. COOLEY, and Mr. MOLINARI, Mrs. MYRICK, Mr. PACK- tional Security; BONO): January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 161 H.R. 8. A bill to amend the Social Security Title V, referred to the Committee on Gov- case for consideration of such provisions as Act to increase the earnings limit, to amend ernment Reform and Oversight; fall within the jurisdiction of the committee the Internal Revenue Code of 1986 to repeal Title VI–IX, referred to the Committee on concerned. the increase in the tax on social security the Judiciary; By Mrs. VUCANOVICH, Mr. THOMAS, benefits and to provide incentives for the Title X, referred to the Committee on the and Mr. WELLER (for themselves, purchase of long-term care insurance, and Budget, and in addition to the Committees Mr. ROYCE, Mr. MCINTOSH, Mr. for other purposes: on Government Reform and Oversight, CRANE, Mr. FORBES, Mr. CUNNINGHAM, Titles I–III, referred to the Committee on Rules, and the Judiciary, for a period to be Mr. ROHRABACHER, Mr. DORNAN, Mr. Ways and Means; and subsequently determined by the Speaker, in HASTERT, Mr. BLUTE, Mr. WELDON of Title IV, referred to the Committee on the each case for consideration of such provi- Pennsylvania, Mr. BARTLETT of Judiciary. sions as fall within the jurisdiction of the Maryland, Mr. ZIMMER, Mr. LINDER, By Mr. ARCHER, Mr. DELAY, Mr. committee concerned; Mr. BACHUS, Mr. SMITH of Texas, Mr. SAXTON, and Mrs. SMITH of Wash- Title XI, referred to the Committee on COOLEY, Mr. GREENWOOD, Mr. HOKE, ington (for themselves, Mr. TAUZIN, Ways and Means, and in additon to the Com- Mr. SAXTON, Mr. TAYLOR of North Mr. HASTERT, Mr. DORNAN, Mr. mittee on the Budget, for a period to be sub- Carolina, Mr. LARGENT, Mr. KIM, Mr. sequently determined by the Speaker, in BALLENGER, Mr. CALLAHAN, Mrs. ROU- ROHRABACHER, Mr. BLUTE, Mr. SMITH each case for consideration of such provi- KEMA, Mr. CHRYSLER, Mr. HANCOCK, of Texas, Mr. LINDER, Mr. KIM, Mr. sions as fall within the jurisdiction of the Mr. NUSSLE, Mr. BAKER of Louisiana, MICA, Mr. BACHUS, Ms. DANNER, Mr. committee concerned; and Mr. STEARNS, Mr. STOCKMAN, Mr. HOKE, Mr. CLINGER, Mr. BALLENGER, Title XII, referred to the Committee on SMITH of Michigan, Mr. BAKER of Mr. CALLAHAN, Mr. SHAW, Mr. Ways and Means. California, Mr. SHAW, Mr. HERGER, NUSSLE, Mr. LARGENT, Mr. COX, Mr. By Mr. HYDE, Mr. RAMSTAD, Ms. Mr. SENSENBRENNER, Mrs. FOWLER, STOCKMAN, Mr. SMITH of Michigan, CHENOWETH, and Mr. CONDIT (for Mr. EMERSON, Mr. HUTCHINSON, Mr. Mr. BAKER of California, Mr. HERGER, themselves, Mr. ARMEY, Mr. ALLARD, HEINEMAN, Mr. ENGLISH, Mr. Mr. HEINEMAN, Mrs. FOWLER, Mr. Mr. BACHUS, Mr. BAKER of California, HOSTETTLER, Mr. JONES, Mr. ENSIGN, SENSENBRENNER, Mr. STEARNS, Mr. Mr. BAKER of Louisiana, Mr. Mr. TIAHRT, Mrs. MYRICK, Mrs. CUBIN, HUTCHINSON, Mr. HANCOCK, Mr. TAL- BALLENGER, Mr. BARTLETT of Mary- Mr. KINGSTON, Mr. EWING, Mr. HAST- ENT, Mr. EMERSON, Mr. ENGLISH, Mr. land, Mr. BARTON of Texas, Mr. BILI- INGS of Washington, Mr. GANSKE, Mr. ENSIGH, Mr. HOSTETTLER, Mr. JONES, RAKIS, Mr. BLILEY, Mr. BLUTE, Mr. WELDON of Florida, Mr. COBURN, Mr. Mr. TIAHRT, Mr. MYRICK, Mr. EWING, BONO, Mr. BUNNING, Mr. BURR, Mr. LEWIS of Kentucky, Mr. BUNNING, Mr. Mr. HOUGHTON, Mrs. CUBIN, Mr. BURTON of Indiana, Mr. CALLAHAN, INGLIS of South Carolina, Mr. LIGHT- INGSTON ASTINGS K , Mr. H of Washing- Mr. CALVERT, Mr. CAMP, Mr. CANADY, FOOT, Mr. ISTOOK, Mr. CALVERT, Mr. ton, Mr. GANSKE, Mr. SCHAEFER, Mr. Mr. CHRISTENSEN, Mr. CHRYSLER, Mr. CREMEANS, Mr. KNOLLENBERG, Mr. BAKER of Louisiana, Mr. HALL of CLINGER, Mr. COBURN, Mr. COOLEY, SCHAEFER, Mr. BILIRAKIS, Mr. Texas, Mr. WELDON of Florida, Mr. Mr. COX, Mr. CRANE, Mrs. CUBIN, Mr. HAYWORTH, Mr. FOX, Mr. COBURN, Mr. WELLER, Mr. LEWIS of CUNNINGHAM, Mr. DAVIS, Mr. DOO- RADANOVICH, Mr. GOODLING, Mr. Kentucky, Mr. BUNNING, Mr. FOLEY, LITTLE, Mr. DORNAN, Ms. DUNN, Mr. WAMP, Mr. GILCHREST, Mr. SOLOMON, Mr. INGLIS of South Carolina, Mr. EMERSON, Mr. ENSIGN, Mr. EVERETT, Mr. BLILEY, Mr. DOOLITTLE, Mr. LIGHTFOOT, Mr. ISTOOK, Mr. CALVERT, Mr. EWING, Mr. FOLEY, Mr. FORBES, CAMP, Mr. PACKARD, Mr. STUMP, Mr. Mr. HOBSON, Mr. KNOLLENBERG, Mr. Mrs. FOWLER, Mr. FOX, Mr. FRISA, GILMAN, Mr. MILLER of Florida, Mr. BILIRAKIS, Mr. HAYWORTH, Mr. FOX, Mr. GANSKE, Mr. GILCHREST, Mr. GIL- LATOURETTE, Mr. FLANAGAN, Mr. Mr. RADANOVICH, Mr. ROTH, Mr. MAN, Mr. GOODLATTE, Mr. GOODLING, BURR, Mr. LATHAM, Ms. MOLINARI, WAMP, Mr. SOLOMON, Mr. BLILEY, Mr. Mr. GUNDERSON, Mr. HANCOCK, Mr. Mr. GUNDERSON, Mr. THORNBERRY, DOOLITTLE, Mr. PACKARD, Mr. GIL- HASTERT, Mr. HASTINGS of Washing- Mr. RIGGS, Mr. ALLARD, Mr. MAN, Mr. MILLER of Florida, Mr. ton, Mr. HAYWORTH, Mr. HEINEMAN, GOODLATTE, Mr. CHRISTENSEN, Mr. ROYCE, Mr. FLANAGAN, Mr. LATHAM, Mr. HERGER, Mr. HILLEARY, Mr. HOB- HILLEARY, Mr. WICKER, Mr. BONO, Mr. Ms. MOLINARI, Mr. GUNDERSON, Mr. SON, Mr. HOSTETTLER, Mr. HOUGHTON, FRISA, Mr. SMITH of New Jersey, Mr. THORNBERRY, Mr. RIGGS, Mr. ALLARD, Mr. INGLIS of South Carolina, Mrs. TALENT, Mr. SHADEGG, Mrs. JOHNSON Mr. CHRISTENSEN, Mr. GOODLATTE, JOHNSON of Connecticut, Mr. JONES, of Connecticut, Mr. CANADY, Mr. Mr. SANFORD, Mr. HILLEARY, Mr. Mr. KIM, Mr. KNOLLENBERG, Mr. MCCOLLUM, Mr. SHAYS, Mr. BARTON COOLEY , Mr. WICKER, Mr. BONO, Mr. LAHOOD, Mr. LARGENT, Mr. of Texas, Mr. BARR, Mr. ARMEY, Mrs. FRISA, Mr. MCINTOSH, Mr. EVERETT, LATOURETTE, Mr. LEWIS of Kentucky, WALDHOLTZ, Mr. TATE, Ms. DUNN, Mr. Mr. SMITH of New Jersey, Mr. Mr. LIGHTFOOT, Mr. LINDER, Mr. MICA, Mr. MCHUGH, Mr. EVERETT, Mr. SHADEGG, Mrs. JOHNSON of Connecti- MCCOLLUM, Mr. MCHUGH, Mr. ROTH, Mr. CRAPO, Mr. PAXON, Mr. cut, Mr. CHRYSLER, Mr. CUNNINGHAM, MCINTOSH, Mr. MICA, Mr. MILLER of YOUNG of Florida, Mr. COBLE, Mr. Mr. CANADY, Mr. MCCOLLUM, Mr. Florida, Ms. MOLINARI, Mrs. MYRICK, EHRLICH, and Mrs. MEYERS of Kan- GOODLING, Mr. BARTON of Texas, Mr. Mr. NUSSLE, Mr. PACKARD, Mr. POR- sas): BARR, Mr. ARMEY, Mr. FORBES, Mrs. TER, Mr. PORTMAN, Mr. RADANOVICH, H.R. 11. A bill to strengthen the rights of WALDHOLTZ, Mr. TATE, Ms. DUNN, Mr. Mr. RIGGS, Mr. ROHRABACHER, Mr. parents: MCHUGH, Mr. CRAPO, Mr. KOLBE, Mr. ROTH, Mr. ROYCE, Mr. SANFORD, Mr. Titles I–II, referred to the Committee on PAXON, Mr. YOUNG of Florida, Mr. SCHAEFER, Mr. SENSENBRENNER, Mr. Ways and Means; COMBEST, Mr. COBLE, Mr. EHRLICH, SHADEGG, Mr. SHAW, Mr. SHAYS, Mr. Title III, referred to the Committee on the and Mrs. MEYERS of Kansas); SMITH of Texas, Mr. SMITH New Jer- Judiciary; H.R. 9. A bill to create jobs, enhance sey, Mr. SMITH of Michigan, Mr. SOL- Title IV, referred to the Committee on wages, strengthen property rights, maintain OMON, Mr. STEARNS, Mr. STOCKMAN, Government Reform and Oversight; and certain economic liberties, decentralize and Mr. STUMP, Mr. TALENT, Mr. TATE, Title V, referred to the Committee on reduce the power of the Federal Government Mr. TAYLOR of North Carolina, Mr. Ways and Means, and in addition to the Com- with respect to the States, localities, and TEJEDA, Mr. THORNBERRY, Mr. mittee on the Judiciary, for a period to be citizens of the United States, and to increase TIAHRT, Mr. UPTON, Mrs. WALDHOLTZ, subsequently determined by the Speaker, in the accountability of Federal officials: Mr. WAMP, Mr. WELDON of Florida, each case for consideration of such provi- Titles I–II, referred to the Committee on Mr. ZIMMER, Mr. CRAPO, Mr. KOLBE, sions as fall within the jurisdiction of the Ways and Means; Mr. PAXON, Mr. YOUNG of Florida, Mr. committee concerned. Title III, referred to the Committee on COMBEST, Mr. EHRLICH, and Mrs. By Mr. BARTON of Texas, Mr. HYDE, Science, and in addition to the Committees MEYERS of Kansas): Mr. TATE, and Mr. PETE GEREN of on Commerce and Government Reform and H.R. 10. A bill to reform the Federal civil Texas (for themselves, Mr. ALLARD, Oversight, for a period to be subsequently de- justice system; to reform product liability Mr. ARMEY, Mr. MICA, Mr. BACHUS, termined by the Speaker, in each case for law: Mr. BAKER of California, Mr. consideration of such provisions as fall with- Title I, referred to the Committee on the BALLENGER, Mr. BARR, Mr. BARRETT in the jurisdiction of the committee con- Judiciary, and in addition to the Committee of Nebraska, Mr. BARTLETT of Mary- cerned; on Rules, for a period to be subsequently de- land, Mr. BILIRAKIS, Mr. BLUTE, Mr. Title IV, referred to the Committee on the termined by the Speaker, in each case for BONILLA, Mr. BONO, Mr. BROWNBACK, Budget, and in addition to the Committees consideration of such provisions as fall with- Mr. BUNNING, Mr. BURR, Mr. BURTON on Rules, Government Reform and Over- in the jurisdiction of the committee con- of Indiana, Mr. CALVERT, Mr. CAMP, sight, and the Judiciary, for a period to be cerned; and Mr. CANADY, Mr. CASTLE, Mr. subsequently determined by the Speaker, in Title II, referred to the Committee on CHAMBLISS, Mr. CHRISTENSEN, Mr. each case for consideration of such provi- Commerce, and in addition to the Committee CHRYSLER, Mr. COBURN, Mr. COLLINS sions as fall within the jurisdiction of the on the Judiciary, for a period to be subse- of Georgia, Mr. COMBEST, Mr. COOLEY, committee concerned; quently determined by the Speaker, in each Mr. COX, Mr. CRANE, Mr. CREMEANS, H 162 CONGRESSIONAL RECORD — HOUSE January 9, 1995

Mrs. CUBIN, Mr. CUNNINGHAM, Ms. KINGSTON, Mr. KLUG, Mr. Mr. PACKARD, Mr. CUNNINGHAM, Mr. DANNER, Mr. DORNAN, Mr. DUNCAN, KNOLLENBERG, Mr. LAHOOD, Mr. STUMP, Mr. GRAHAM, Mr. GUTKNECHT, Ms. DUNN, Mr. EMERSON, Mr. ENG- LATHAM, Mr. LATOURETTE, Mr. LAZIO, Mr. MCKEON, Mr. ALLARD, Mr. LISH, Mr. ENSIGN, Mr. EVERETT, Mr. Mr. LEACH, Mr. LEWIS of Kentucky, GOODLATTE, Mr. CALVERT, Ms. PRYCE, EWING, Mr. FAWELL, Mr. FLANAGAN, Mr. LINDER, Mr. LUCAS, Mr. Mr. HOEKSTRA, Mr. DEAL, Mr. BEREU- Mr. FOLEY, Mr. FORBES, Mrs. FOWL- MCINTOSH, Mr. MCKEON, Mr. MEEHAN, TER, Mr. SCHAEFER, Mr. WILSON, Mr. ER, Mr. FOX, Mr. FRELINGHUYSEN, Mr. Mr. METCALF, Mr. MICA, Mr. MILLER CHAMBLISS, Ms. HARMAN, Mr. GOSS, FRISA, Mr. GANSKE, Mr. GEKAS, Mr. of Florida, Mr. MINGE, Mrs. MYRICK, Mr. TALENT, Mr. BARTLETT of Mary- GILCHREST, Mr. GILLMOR, Mr. Mr. NEUMANN, Mr. NEY, Mr. NOR- land, and Mr. FORBES): GOODLATTE, Mr. GOODLING, Mr. GOSS, WOOD, Mr. NUSSLE, Mr. PACKARD, Mr. H.J. Res. 5. Joint resolution proposing an Mr. GREENWOOD, Mr. GUTKNECHT, Mr. PAXON, Mr. POMBO, Mr. PORTMAN, Ms. amendment to the Constitution of the Unit- HANCOCK, Mr. HASTERT, Mr. HASTINGS PRYCE, Mr. QUINN, Mr. RAMSTAD, Mr. ed States to provide for 4-year terms for Rep- of Washington, Mr. HAYWORTH, Mr. RADANOVICH, Mr. RIGGS, Mr. resentatives and to limit the number of HEINEMAN, Mr. HERGER, Mr. ROHRABACHER, Mr. ROYCE, Mr. terms Senators and Representatives may HILLEARY, Mr. HOBSON, Mr. HORN, Mr. SAXTON, Mr. SCARBOROUGH, Mr. serve; to the Committee on the Judiciary. HOUGHTON, Mr. HUNTER, Mr. HUTCHIN- SCHAEFER, Ms. SEASTRAND, Mr. By Mr. SPENCE (for himself, Mrs. SON, Mr. INGLIS of South Carolina, SHADEGG, Mr. SHAW, Mr. SMITH of THURMAN, Mr. STEARNS, Mr. MCCOL- Mr. ISTOOK, Mr. SAM JOHNSON, Mr. Michigan, Mr. SMITH of Texas, Mr. LUM, Mr. RICHARDSON, Mr. BILIRAKIS, JONES, Mr. KIM, Mr. KINGSTON, Mr. SOLOMON, Mr. SOUDER, Mr. STEARNS, Mr. GOSS, Mr. HASTINGS of Florida, KNOLLENBERG, Mr. LAHOOD, Mr. Mr. STOCKMAN, Mr. STUMP, Mr. TAL- Mr. DEUTSCH, Mr. GIBBONS, Mr. PE- LARGENT, Mr. LATHAM, Mr. ENT, Mr. TAYLOR of North Carolina, TERSON of Florida, Mrs. FOWLER, Mr. LATOURETTE, Mr. LEACH, Mr. LEWIS Mr. THORNBERRY, Mr. TIAHRT, Mr. CANADY, Mr. SHAW, Mr. DIAZ-BALART, of Kentucky, Mr. LIGHTFOOT, Mr. TORKILDSEN, Mr. UPTON, Mrs. Mrs. MEEK of Florida, Mr. MILLER of LINDER, Mr. LOBIONDO, Mr. LUCAS, WALDHOLTZ, Mr. WAMP, Mr. WELLER, Florida, Ms. BROWN of Florida, Mr. Mr. MCINTOSH, Mr. MCCOLLUM, Mr. Mr. WHITE, Mr. WHITFIELD, Mr. WIL- YOUNG of Florida, Mr. SCARBOROUGH, MCCRERY, Ms. MOLINARI, Mrs. MEY- SON, Mr. ZELIFF, Mr. ZIMMER, and Mr. Ms. ROS-LEHTINEN, Mr. FOLEY, and ERS of Kansas, Mr. MILLER of Florida, MCINNIS): Mr. WELDON of Florida): Mr. MOORHEAD, Mrs. MYRICK, Mr. H.J. Res. 2. Joint resolution proposing an H. Con. Res. 1. Concurrent resolution rec- NEUMANN, Mr. NUSSLE, Mr. OXLEY, amendment to the Constitution of the Unit- ognizing the sacrifice and courage of Army Mr. PACKARD, Mr. POMBO, Mr. ed States with respect to the number of Warrant Officers David Hilemon and Bobby PORTMAN, Ms. PRYCE, Mr. terms of office of Members of the Senate and RADANOVICH, Mr. QUILLEN, Mr. QUINN, the House of Representatives; to the Com- W. Hall II, whose helicopter was shot down Mr. RIGGS, Mr. ROTH, Mr. ROYCE, Mr. mittee on the Judiciary. over North Korea on December 17, 1994; to SANFORD, Mr. SAXTON, Mr. SCHAEFER, By Mr. INGLIS of South Carolina (for the Committee on National Security. Mr. SENSENBRENNER, Mr. SHADEGG, himself, Mr. DORNAN, Mr. SANFORD, By Mr. BOEHNER: Mr. SHAW, Mr. SHAYS, Mr. SMITH of Mr. ARMEY, Mr. GOSS, Mr. HUTCHIN- H. Res. 1. Resolution electing officers of New Jersey, Mr. SMITH of Texas, Mr. SON, Mr. DICKEY, Mr. ROYCE, Mr. the House of Representatives; considered and SMITH of Michigan, Mr. SOLOMON, Mr. HOEKSTRA, Mr. LEWIS of Kentucky, agreed to. SPENCE, Mr. STEARS, Mr. STOCKMAN, Mr. SALMON, Mr. GRAHAM, Mr. DAVIS, By Mr. ARMEY: Mr. STUMP, Mr. TALENT, Mr. TAUZIN, Mr. HEINEMAN, Mr. CHABOT, Mrs. H. Res. 2. Resolution to inform the Senate Mr. TAYLOR of North Carolina, Mr. SMITH of Washington, Mr. GANSKE, that a quorum of the House has assembled THORNBERRY, Mr. TIAHRT, Mrs. Mr. CHRYSLER, Mr. ENSIGN, Mr. and of the election of the Speaker and the WALDHOLTZ, Mr. WAMP, Mr. WELDON COOLEY, Mr. CHRISTENSEN, Mr. FOX, Clerk; considered and agreed to. of Pennsylvania, Mr. WELLER, Mr. Mr. CALVERT, Mr. NETHERCUTT, Mr. H. Res. 3. Resolution authorizing the WHITFIELD, Mr. WICKER, Mr. ZIMMER, SHADEGG, Mr. METCALF, Mr. Speaker to appoint a committee to notify Mr. CRAPO, Mr. KOLBE, Mr. PAXON, WHITFIELD, Mr. BASS, Mr. SOLOMON, the President of the assembly of the Con- Mr. YOUNG of Florida, Mr. COBLE, and Mr. FORBES, Mr. BLUTE, Mr. SMITH of gress; considered and agreed to. Mr. EHRLICH): Texas, Mr. BACHUS, Mr. KIM, Mr. H. Res. 4. Resolution authorizing the Clerk H.J. Res. 1. Joint resolution proposing a RIGGS, Mr. LONGLEY, MR. COX, Mr. to inform the President of the election of the balanced budget amendment to the Constitu- SMITH of Michigan, Mr. BAKER of Speaker and the Clerk; considered and tion of the United States; to the Committee California, Mr. WELDON of Florida, agreed to. on the Judiciary. Mr. COBURN, Mr. RADANOVICH, Mr. By Mr. SOLOMON: By Mr. MCCOLLUM, Mr. HANSEN, Mr. ROTH, Mr. PACKARD, Mr. STUMP, Mr. H. Res. 5. Resolution providing for the con- PETERSON of Minnesota, amd Mr. EVERETT, Mr. THORNBERRY, Mr. AL- sideration of the resolution (H. Res. 6) adopt- LOBIONDO (for themselves, and Mr. LARD, Mr. BONO, Mr. CUNNINGHAM, ing the Rules of the House of Representa- LIGHTFOOT, Mr. GILLMOR, Mr. AL- Mr. TATE, Ms. DUNN, and Mr. TAL- tives for the 104th Congress; considered and LARD, Mr. ARMEY, Mr. BACHUS, Mr. ENT): agreed to. BAKER of California, Mr. BALLENGER, H.J. Res. 3. Joint resolution proposing an By Mr. ARMEY: Mr. BARCIA of Michigan, Mr. BARR, amendment to the Constitution of the Unit- H. Res. 6. Resolution adopting the Rules of Mr. BARRETT of Nebraska, Mr. BART- ed States limiting the period of time U.S. the House of Representatives for the 104th LETT of Maryland, Mr. BASS, Mr. BE- Senators and Representatives may serve; to Congress; considered and agreed to. REUTER, Mr. BILBRAY, Mr. BILIRAKIS, the Committee on the Judiciary. By Mr. GEPHARDT: Mr. BLILEY, Mr. BLUTE, Mr. BONILLA, By Mr. ALLARD (for himself, Mr. H. Res. 7. Resolution providing for the des- Mr. BROWNBACK, Mr. BRYANT of Ten- BACHUS, Mr. BARCIA of Michigan, Mr. ignation of certain minority employees; con- nessee, Mr. BUNNING, Mr. BURR, Mr. BARRETT of Nebraska, Mr. BARTLETT sidered and agreed to. BUYER, Mr. CALVERT, Mr. CAMP, Mr. of Maryland, Mr. BARTON of Texas, By Mr. SOLOMON: CANADY, Mr. CHAMBLISS, Mr. Mr. BEREUTER, Mr. BURTON of Indi- H. Res. 8. Resolution fixing the daily hour CHRISTENSEN, Mr. COBLE, Mr. COLLINS ana, Mr. CONDIT, Mr. CRAPO, Mr. of meeting for the 104th Congress; considered of Georgia, Mr. COOLEY, Mr. CRANE, CUNNINGHAM, Mr. DOOLITTLE, Mr. and agreed to. Mr. CREMEANS, Mr. CUNNINGHAM, Mr. DUNCAN, Mr. EMERSON, Mr. FRANKS of By Mr. ARMEY: DEAL, Mr. DIAZ-BALART, Mr. DICKEY, New Jersey, Mr. GALLEGLY, Mr. H. Res. 9. Resolution providing amounts Mr. DOOLITTLE, Ms. DUNN, Mr. ENG- GILCHREST, Mr. GOODLATTE, Mr. for the Republican Steering Committee and LISH, Mr. ENSIGN, Mr. EVERETT, Mr. HEFLEY, Mr. HUNTER, Mr. the Democratic Policy Committee; consid- EWING, Mr. FIELDS of Texas, Mr. KNOLLENBERG, Ms. MOLINARI, Mr. ered and agreed to. FLANAGAN, Mr. FOLEY, Mr. FORBES, OXLEY, Mr. QUILLEN, Mr. H. Res. 10. Resolution providing for the Mr. FOX, Mr. FRANKS of Connecticut, ROHRABACHER, Mr. ROTH, Mr. ROYCE, transfer of two employee positions; consid- Mr. FRISA, Mr. FUNDERBURK, Mr. Mr. SCHAEFER, Mr. SCHIFF, Mr. SEN- ered and agreed to. GALLEGLY, Mr. GANSKE, Mr. GEKAS, SENBRENNER, Mr. STUMP, Mr. TALENT, By Mr. BOEHNER: Mr. GOODLATTE, Mr. GOSS, Mr. GRA- Mr. WALSH, and Mr. WILSON): H. Res. 11. Resolution designating majority HAM, Mr. GREENWOOD, Mr. GUNDER- H.J. Res. 4. Joint resolution proposing an membership on certain standing committees SON, Mr. GUTKNECHT, Mr. HANCOCK, amendment to the Constitution of the Unit- of the House; considered and agreed to. Ms. HARMAN, Mr. HASTINGS of Wash- ed States allowing an item veto in appropria- By Mr. FAZIO: ington, Mr. HAYWORTH, Mr. tions bills; to the Committee on the Judici- H. Res. 12. Resolution designating minor- HILLEARY, Mr. HOBSON, Mr. ary. ity membership on certain standing commit- HOEKSTRA, Mr. HOKE, Mr. HORN, Mr. By Mr. MCCOLLUM (for himself, Mr. tees of the House; considered and agreed to. HOUGHTON, Mr. HUTCHINSON, Mr. HANSEN, Mr. LIGHTFOOT, Mr. H. Res. 13. Resolution electing Representa- INGLIS of South Carolina, Mr. ISTOOK, GILLMOR, Mr. POMBO, Mr. BARRETT of tive BERNARD SANDERS of Vermont to stand- Mr. SAM JOHNSON, Mr. KIM, Mr. Nebraska, Mr. EVERETT, Mr. BUYER, ing committees; considered and agreed to. January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 163 By Mr. LINDER: poses; to the Committee on Commerce, and tation of municipal solid waste, and for H. Res. 14. Resolution providing for the in addition to the Committee on Ways and other purposes; to the Committee on Com- consideration of a joint resolution (H.J. Res. Means, for a period to be subsequently deter- merce. 2) proposing an amendment to the Constitu- mined by the Speaker, in each case for con- By Mr. BLILEY: tion of the United States with respect to the sideration of such provisions as fall within H.R. 25. A bill to amend part B of title number of terms of office of Members of the the jurisdiction of the committee concerned. XVIII of the Social Security Act to make Senate and the House of Representatives; to By Mr. LEACH: technical corrections relating to the enact- the Committee on Rules. H.R. 17. A bill to establish the Federal ment of the Social Security Act Amend- f Bank Agency, to abolish the positions of the ments of 1994, and for other purposes; to the Comptroller of the Currency and Director of Committee on Commerce, and in addition to PUBLIC BILLS AND RESOLUTIONS the Office of Thrift Supervision, to consoli- the Committee on Ways and Means, for a pe- date and reform the regulation of insured de- riod to be subsequently determined by the Under clause 5 of rule X and clause 4 pository institutions, and for other purposes; of rule XXII, public bills and resolu- Speaker, in each case for consideration of to the Committee on Banking and Financial such provisions as fall within the jurisdic- tions were introduced and severally re- Services. tion of the committee concerned. ferred as follows: H.R. 18. A bill to enhance competition in By Mr. ROEMER (for himself, Mr. the financial services industry by providing [Submitted January 5, 1995] DICKEY, Mr. MCHALE, Mr. HOEKSTRA, prudential framework for the affiliation of By Mr. WALKER: Mr. HAYES, Mr. PARKER, Mr. SKEL- banks and securities firms; to the Committee H.R. 12. A bill to amend the Internal Reve- TON, Mr. GOSS, Mr. TAYLOR of Mis- on Banking and Financial Services, and in nue Code of 1986 to exclude from the gross es- sissippi, Mr. MCHUGH, Mr. HOLDEN, addition to the Committee on Commerce, for tate the value of land subject to a qualified Mr. BENTSEN, Mr. JACOBS, Ms. FURSE, a period to be subsequently determined by conservation easement if certain conditions Mr. BROWN of California, Ms. SLAUGH- the Speaker, in each case for consideration are satisfied, and for other purposes; to the TER, Mr. SANDERS, Mr. POSHARD, Mr. of such provisions as fall within the jurisdic- Committee on Ways and Means. UPTON, Mr. POMEROY, Mr. ANDREWS, tion of the committee concerned. By Mr. WALKER (for himself, Mr. KA- Mr. EDWARDS, Mr. BARRETT of Wis- By Mr. LEACH and Mr. SCHUMER (for SICH, Mr. ARMEY, Mr. ALLARD, Mr. consin, and Ms. KAPTUR): themselves, Mr. FRANK of Massachu- BACHUS, Mr. BAKER of California, Mr. H.R. 26. A bill to provide for return of ex- setts, and Mr. BEREUTER): BAKER of Louisiana, Mr. BALLENGER, H.R. 19. A bill to encourage foreign coun- cess amounts from official allowances of Mr. BARTLETT of Maryland, Mr. BILI- tries to accord national treatment to United Members of the House of Representatives to RAKIS, Mr. BLILEY, Mr. BLUTE, Mr. States banking, securities, and insurance or- the Treasury for deficit reduction; to the BOEHNER, Mr. BONILLA, Mr. BURTON ganizations that operate or seek to operate Committee on House Oversight. of Indiana, Mr. CALVERT, Mr. CAMP, in those countries; to the Committee on By Mr. DUNCAN (for himself, Mr. BUR- Mr. CANADY, Mr. COBLE, Mr. COM- Banking and Financial Service, and in addi- TON of Indiana, Mr. HUNTER, Mr. BEST, Mr. COX, Mr. CRAPO, Mr. DOO- tion to the Committees on Commerce, and ROHRABACHER, Mr. PETRI, Mr. HOKE, LITTLE, Mr. DORNAN, Mr. DUNCAN, Ms. Ways and Means, for a period to be subse- Mr. CANADY, Mr. KING, Mr. STUMP, DUNN, Mr. EVERETT, Mr. EWING, Mr. quently determined by the Speaker, in each Mr. PARKER, Mr. WILSON, Mr. FAWELL, Mr. FOX, Mr. FRANKS of New case for consideration of such provisions as MCCRERY, Mr. GUNDERSON, Mr. Jersey, Mr. FRISA, Mr. GEKAS, Mr. fall within the jurisdiction of the committee PORTMAN, Mr. MCHUGH, Mr. HANSEN, GOODLATTE, Mr. GOSS, Mr. GREEN- concerned. Mr. HALL of Texas, Mr. SCHIFF, Mr. WOOD, Mr. HANCOCK, Mr. HANSEN, Mr. By Mr. LEACH: BEREUTER, Mr. DOOLITTLE, Mr. QUIL- HASTERT, Mr. HEFLEY, Mr. HERGER, H.R. 20. A bill to provide a framework to LEN, Mr. BALLENGER, Mr. WALSH, Mr. Mr. HOEKSTRA, Mr. HUNTER, Mr. improve risk management techniques at fi- COBLE, Mr. HOEKSTRA, Mr. PACKARD, HUTCHINSON, Mr. INGLIS of South nancial institutions, including the pruden- Mr. ALLARD, Ms. PRYCE, Mr. SENSEN- Carolina, Mr. KLUG, Mr. tial use of derivative products; to the Com- BRENNER, Mr. BACHUS, Mr. BAKER of KNOLLENBERG, Mr. KOLBE, Mr. LIGHT- mittee on Banking and Financial Services, Louisiana, Mr. TORKILDSEN, Mr. BRY- FOOT, Mr. LINDER, Mr. LUCAS, Mr. and in addition to the Committees on Com- ANT of Tennessee, Mr. POMBO, Mrs. MANZULLO, Mr. MCCOLLUM, Mr. merce, and Agriculture, for a period to be MEYERS of Kansas, Mr. HEFLEY, Mr. MCCRERY, Mr. MILLER of Florida, Mr. subsequently determined by the Speaker, in CONDIT, and Mrs. FOWLER): NUSSLE, Mr. OXLEY, Mr. PACKARD, each case for consideration of such provi- H.R. 27. A bill to grant the power to the Mr. PAXON, Mr. PORTMAN, Mr. sions as fall within the jurisdiction of the President to reduce budget authority; to the RAMSTAD, Mr. ROYCE, Mr. SALMON, committee concerned. Committee on Government Reform and Mr. SCHIFF, Mr. SENSENBRENNER, Mr. By Mr. GILMAN: Oversight, and in addition to the Committee SMITH of Texas, Mr. SMITH of Michi- H.R. 21. A bill to amend section 3 of the on Rules, for a period to be subsequently de- gan, Mr. SOLOMON, Mr. STEARNS, Mr. United States Housing Act of 1937 to more termined by the Speaker, in each case for STUMP, Mr. TORKILDSEN, Mr. UPTON, accurately determine the median income for consideration of such provisions as fall with- Mrs. VUCANOVICH, Mr. WELDON of Rockland County, NY, for purposes of hous- in the jurisdiction of the committee con- Pennsylvania, and Mr. ZIMMER): ing programs administered by the Secretary cerned. H.R. 13. A bill to amend the Internal Reve- of Housing and Urban Development; to the By Mr. DUNCAN: nue Code of 1986 to allow individuals to des- Committee on Banking and Financial Serv- H.R. 28. A bill to require that the Federal ignate that up to 10 percent of their income ices. Government procure from the private sector tax liability be used to reduce the national H.R. 22. A bill to establish the position of the goods and services necessary for the op- debt, and to require spending reductions Coordinator for Counterterrorism within the erations and management of certain Govern- equal to the amounts so designated; to the office of the Secretary of State; to the Com- ment agencies, and for other purposes; to the Committee on Ways and Means, and in addi- mittee on International Relations. Committee on Government Reform and tion to the Committee on the Budget, for a H.R. 23. A bill to direct the Secretary of Oversight. period to be subsequently determined by the Health and Human Services to establish a H.R. 29. A bill to provide that of amounts Speaker, in each case for consideration of schedule of preventive health care services available to a designated agency for a fiscal such provisions as fall within the jurisdic- and to provide for coverage of such services year that are not obligated in the fiscal year, tion of the committee concerned. in accordance with such schedule under pri- up to 50 percent may be used to pay bonuses By Mr. LEACH: vate health insurance plans and health bene- to agency personnel and the remainder shall H.R. 14. A bill to repeal the exemption fit programs of the Federal Government, and be deposited into the general fund of the from disclosure requirement for municipal for other purposes; to the Committee on Treasury and used exclusively for deficit re- securities, and to require the Securities and Commerce, and in addition to the Commit- duction; to the Committee on Government Exchange Commission to public model dis- tees on Ways and Means, Government Re- Reform and Oversight. closure forms to facilitate compliance with form and Oversight, Veterans’ Affairs, and By Mr. GONZALEZ: the disclosure requirements; to the Commit- National Security, for a period to be subse- H.R. 30. A bill to amend and extend certain tee on Commerce. quently determined by the Speaker, in each laws relating to housing and community de- H.R. 15. A bill to amend the Federal Re- case for consideration of such provisions as velopment, and for other purposes; to the serve Act to provide for the appointment of fall within the jurisdiction of the committee Committee on Banking and Financial Serv- the presidents of the Federal Reserve banks concerned. ices. by the Board of Governors of the Federal Re- By Mr. SMITH of New Jersey (for him- By Mr. GONZALEZ (for himself, Mr. serve System, and for other purposes; to the self, Mrs. ROUKEMA, Mr. ZIMMER, Mr. KANJORSKI, and Mr. MFUME): Committee on Banking and Financial Serv- FRANKS of New Jersey, and Mr. H.R. 31. A bill to enhance the supervision ices. MINGE): and regulation of the derivatives activities By Mr. DINGELL: H.R. 24. A bill to amend the Solid Waste of financial institutions, and for other pur- H.R. 16. A bill to provide a program of na- Disposal Act to provide congressional au- poses; to the Committee on Banking and Fi- tional health insurance, and for other pur- thorization for State control over transpor- nancial Services. H 164 CONGRESSIONAL RECORD — HOUSE January 9, 1995 By Mr. GIBBONS: ibility of certain home office expenses; to to the Committee on Transportation and In- H.R. 32. A bill to amend the Internal Reve- the Committee on Ways and Means. frastructure. nue Code of 1986 to ensure that charitable By Mr. HERGER (for himself, Mr. By Ms. NORTON (for herself and Mr. beneficiaries of charitable remainder trusts BREWSTER, Mr. BAKER of Louisiana, MINETA): are aware of their interests in such trusts; to Mr. BUNNING, Mr. CRAPO, Mr. WALSH, H.R. 51. A bill to provide for the admission the Committee on Ways and Means. Mr. COMBEST, Mr. GILCHREST, Mr. of the State of New Columbia into the Union; By Ms. LINCOLN: CANADY, Mr. CAMP, Mr. MCCRERY, Mr. to the Committee on Government Reform H.R. 33. A bill to transfer the Fish and GEKAS, Mr. DEAL, Mr. HEFNER, Ms. and Oversight. Farming Experimental Laboratory in Stutt- DANNER, Mr. BARRETT of Nebraska, By Mr. POMEROY (for himself, Mr. gart, AR, to the Department of Agriculture, Mr. MINGE, Mr. KINGSTON, Mr. EMER- MINGE, Mr. STUPAK, Mr. BOUCHER, and for other purposes; to the Committee on SON, Mr. BEREUTER, Mr. ROBERTS, Mr. Mr. PORTMAN, Mr. DURBIN, Mr. ACK- Resources. BURTON of Indiana, Mr. HOUGHTON, ERMAN, Mr. DOYLE, Ms. KAPTUR, Mr. H.R. 34. A bill to amend the Internal Reve- Mr. POMEROY, Mr. HOEKSTRA, Mr. GILCHREST, Mr. INGLIS of South Caro- nue Code of 1986 to retroactively restore a PARKER, Mr. LIGHTFOOT, Mr. OXLEY, lina, Mr. GILLMOR, Mr. MURTHA, Mr. 100 percent deduction for the health insur- Mr. CALVERT, Mr. CRANE, Mr. HUTCH- CHAPMAN, Mr. OWENS, Mr. SMITH of INSON, and Mr. SOLOMON): ance costs of self-employed individuals; to New Jersey, Mr. KIM, Mr. COYNE, Mr. H.R. 41. A bill to amend the Internal Reve- the Committee on Ways and Means. REYNOLDS, Mr. ROHRABACHER, Mrs. nue Code of 1986 to provide taxpayers en- By Mr. FAWELL: VUCANOVICH, Mr. PETERSON of Min- gaged in certain agriculture-related activi- H.R. 35. A bill to amend the Employee Re- nesota, Mr. LIPINSKI, Mr. SANDERS, ties a credit against income tax for property tirement Income Security Act of 1974 to pro- Mr. MCHALE, Mr. BACHUS, Ms. PRYCE, used to control environmental pollution and vide security for workers, to improve pen- Mr. WISE, Mr. HINCHEY, Mr. GUNDER- for soil and water conservation expenditures; sion funding, to limit growth in insurance SON, Mr. BLUTE, Mr. CASTLE, Mr. to the Committee on Ways and Means. exposure, to protect the single-employer DICKEY, Mr. TALENT, Mr. BAESLER, By Mr. WAXMAN: plan termination insurance program, and for Mr. ROEMER, Mr. HEFNER, Mr. EMER- H.R. 42. A bill to reauthorize the Ryan other purposes; to the Committee on Eco- SON, and Mr. BARRETT of Nebraska): White Care Act of 1990, and for other pur- nomic and Educational Opportunities. poses; to the Committee on Commerce. H.R. 52. A bill to amend the Internal Reve- H.R. 36. A bill to amend the Employee Re- By Ms. SLAUGHTER: nue Code of 1986 to restore the 25 percent de- tirement Income Security Act of 1974 and re- H.R. 43. A bill to improve the regulation of duction for the health insurance costs of lated provisions to improve pension plan explosives and explosive materials, and to self-employed individuals for 1994 and to pro- funding, to limit growth in insurance expo- prevent the use of explosives against persons vide a 100 percent deduction for such costs sure, to protect the single-employer plan ter- and the unlawful use of explosives against beginning in 1995; to the Committee on Ways mination insurance program by clarifying property; to the Committee on the Judici- and Means. the status of claims of the Pension Benefit ary. By Mr. DOOLEY (for himself, Mr. EM- Guaranty Corporation and the treatment of By Mr. FIELDS of Texas (for himself, ERSON, and Mr. HERGER): insolvent pension plans, and for other pur- Mr. EVANS, Mr. STUDDS, Mr. ACKER- H.R. 53. A bill to amend the Federal Insec- poses; to the Committee on Economic and MAN, Mr. BARRETT of Nebraska, Mr. ticide, Fungicide, and Rodenticide Act with Educational Opportunities, and in addition BATEMAN, Mr. BORSKI, Mr. CALLAHAN, respect to public health pesticides; to the to the Committee on the Judiciary, for a pe- Mr. CALVERT, Mr. CHAPMAN, Mr. Committee on Agriculture. riod to be subsequently determined by the DEFAZIO, Mr. DIAZ-BALART, Mr. DOO- By Mr. DOOLEY (for himself and Mr. Speaker, in each case for consideration of LITTLE, Mr. DORNAN, Mr. FILNER, and POMBO): such provisions as fall within the jurisdic- Mr. STARK): H.R. 54. A bill to amend the Consolidated tion of the committee concerned. H.R. 44. A bill to provide that certain serv- Farm and Rural Development Act to provide H.R. 37. A bill to amend the Employee Re- ice of members of the U.S. merchant marine greater access to credit for family farmers tirement Income Security Act of 1974 to im- during World War II constituted active mili- who grow specialty crops or operate in high prove pension plan funding; to the Commit- tary service for purposes of any law adminis- land cost areas, and for other purposes; to tee on Economic and Educational Opportuni- tered by the Department of Veterans’ Af- the Committee on Agriculture. ties. fairs; to the Committee on Veterans’ Affairs. By Mr. LEWIS of Georgia (for himself, By Mr. MORAN (for himself, Mr. By Mr. CONYERS: Mr. FRANK of Massachusetts, Mr. SPENCE, Mr. MONTGOMERY, Mr. H.R. 45. A bill to apply the antitrust laws CONYERS, Mr. OWENS, Ms. PELOSI, Ms. EVANS, Mr. BILIRAKIS, Mr. BOUCHER, of the United States to major league base- NORTON, Mr. KENNEDY of Massachu- Mr. CHAPMAN, Mr. FILNER, Mr. PETE ball; to the Committee on the Judiciary. setts, Mr. MORAN, Mr. OBERSTAR, Mr. GEREN of Texas, Mr. GOSS, Mr. HALL By Mr. GEKAS: MFUME, Mr. FLAKE, Mr. ACKERMAN, of Texas, Ms. LINCOLN, Mr. MOLLO- H.R. 46. A bill to delay for 2 years the re- Mr. ROMERO-BARCELO´ , Mr. TOWNS, HAN, Mrs. MORELLA, Mr. SANDERS, quired implementation date for enhanced ve- Mr. HALL of Ohio, Mr. GONZALEZ, and Mr. SCHIFF, Mr. SCOTT, Mr. SOLOMON, hicle inspection and maintenance programs Mr. MINETA): and Mr. WAXMAN): under the Clean Air Act, to require the Ad- H.R. 55. A bill to protect voting rights of H.R. 38. A bill to eliminate the desparity ministrator of the Environmental Protection homeless citizens; to the Committee on the between the periods of delay provided for ci- Agency to reissue regulations relating to Judiciary. vilian and military retiree cost-of-living-ad- such programs, to provide for the redesigna- By Mr. ARCHER (for himself, Mr. ZIM- justments in the Omnibus Budget Reconcili- tion of certain areas, and for other purposes; MER, Mr. CRANE, Mr. THOMAS, Mr. ation Act of 1993; to the Committee on Na- to the Committee on Commerce. SHAW, Mrs. JOHNSON of Connecticut, tional Security. By Mr. TAYLOR of North Carolina: Mr. BUNNING, Mr. HOUGHTON, Mr. By Mr. YOUNG of Alaska: H.R. 47. A bill to require approval by law of HERGER, Mr. MCCRERY, Mr. HANCOCK, H.R. 39. A bill to amend the Magnuson agency rules and regulations; to the Com- Mr. CAMP, Mr. RAMSTAD, Mr. NUSSLE, Fishery Conservation and Management Act mittee on the Judiciary. Mr. SAM JOHNSON, Ms. DUNN, Ms. to improve fisheries management; to the By Mr. KILDEE: COLLINS of Georgia, Mr. PORTMAN, Committee on Resources. H.R. 48. A bill to provide grants for the in- Mr. ENGLISH, Mr. ENSIGN, Mr. By Mr. ALLARD (for himself, Mrs. tegration of academic and vocational cur- CHRISTENSEN, Mr. BLILEY, Mr. EMER- JOHNSON of Conecticut, Mr. BACHUS, riculum and professional development; to SON, Mr. GREENWOOD, Mr. CANADY, Mr. BAKER of California, Mr. BAKER the Committee on Economic and Edu- Mr. LATHAM, Mr. BURTON of Indiana, of Louisiana, Mr. BALLENGER, Mr. cational Opportunities. Mrs. MEYERS of Kansas, Mr. SAXTON, BARTON of Texas, Mr. BARTLETT of By Mr. ARCHER: Mr. MCINTOSH, Mr. ROYCE, Mr. LIV- Maryland, Mr. BEREUTER, Mr. BREW- H.R. 49. A bill to amend the Federal Elec- INGSTON, Mr. FRISA, Mr. STUMP, Mr. STER, Mr. BURTON of Indiana, Mr. tion Campaign Act of 1971 to prohibit con- TAYLOR of North Carolina, Mr. BART- CAMP, Mr. CANADY, Mr. COLLINS of tributions by multicandidate political com- LETT of Maryland, Mr. HUTCHINSON, Georgia, Mr. COX, Mr. DOOLITTLE, Mr. mittees and to limit contributions in House Mr. BAKER of California, Mr. DORNAN, Mr. FORBES, Mr. GUNDER- of Representatives elections from persons CUNNINGHAM, Mr. QUILLEN, Mr. AL- SON, Mr. HORN, Mr. HUNTER, Mr. other than individual in-State residents; to LARD, Mr. SMITH of Texas, Mr. KNOLLENBERG, Mr. LEACH, Mr. LIPIN- the Committee on House Oversight. ROHRABACHER, Mr. BACHUS, Ms. SKI, Mrs. MORELLA, Mr. PACKARD, Ms. By Mr. GUNDERSON (for himself and PRYCE, Mr. BLUTE, Mr. FORBES, Mr. PRYCE, Mr. ROHRABACHER, Mr. ROYCE, Mr. PETRI): GALLEGLY, Mr. DORNAN, Mr. COX, and Mr. SAXTON, Mr. SCHAEFER, Mr. H.R. 50. A bill to direct the Secretary of Mr. LEACH): SHAYS, Mr. SMITH of Texas, Mr. TAY- the Army to transfer to the State of Wiscon- H.R. 56. A bill to amend the Internal Reve- LOR of North Carolina, Mr. WOLF, and sin lands and improvements associated with nue Code of 1986 to provide all taxpayers Mr. ZIMMER): the LaFarge Dam and Lake portion of the with a 50 percent deduction for capital gains, H.R. 40. A bill to amend the Internal Reve- project for flood control and allied purposes, to index the basis of certain capital assets, nue Code of 1986 with respect to the deduct- Kickapoo River, WI, and for other purposes; and to allow the capital loss deduction for January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 165

losses on the sale or exchange of an individ- ting limited uses on lands enrolled in the Mr. FOLEY, Mr. BAKER of California, ual’s principal residence; to the Committee conservation reserve, to permit the transfer Mr. WALSH, Ms. HARMAN, Mr. GOSS, on Ways and Means. of crop bases among owners upon the expira- Mr. DICKEY, Ms. DUNN, Mr. MCCOL- By Mr. ARCHER: tion of enrollment; and to authorize the es- LUM, Mr. GILCHREST, Mr. ROBERTS, H.R. 57. A bill to amend the Internal Reve- tablishment of demonstration projects; to Mr. ROHRABACHER, Mr. HANCOCK, Mr. nue Code of 1986 to increase the dollar limi- the Committee on Agriculture. ISTOOK, Mr. KNOLLENBERG, Mr. CAS- tation on the exclusion under section 911 of By Mr. BEREUTER (for himself and TLE, Mrs. MEYERS of Kansas, Mr. such Code; to the Committee on Ways and Mr. COMBEST): HORN, Mr. GOODLATTE, Mr. SMITH of Means. H.R. 68. A bill to amend the Fair Credit Re- New Jersey, Mr. SAXTON, Mr. SPENCE, By Mr. BAKER of Louisiana (for him- porting Act to provide for disclosures by con- Mr. SCHIFF, Mr. DOOLITTLE, Mr. self and Mr. HAYES): sumers reporting agencies to the Federal Bu- BAKER of Louisiana, Mr. CHRYSLER, H.R. 58. A bill to require analysis and esti- reau of Investigation for counterintelligence Mr. BACHUS, Mr. CRAPO, Mr. GEKAS, mates of the likely impact of Federal legisla- purposes; to the Committee on Banking and Mr. PORTMAN, Mr. TORKILDSEN, Mr. tion and regulations upon small businesses, Financial Services. KIM, Mr. GREENWOOD, Mr. HEINEMAN, the private sector, and State and local gov- By Mr. BEREUTER: and Mr. COX): ernments, and for other purposes; to the H.R. 69. A bill to amend section 424 of the H.R. 77. A bill to permit Members of the Committee on Government Reform and Housing and Community Development Act of House of Representatives to use their Oversight, and in addition to the Committee 1987 to modify the requirements for mini- unspent official allowances for reduction of on Rules, for a period to be subsequently de- mum property standards regarding individ- the national debt; to the Committee on termined by the Speaker, in each case for ual residential water purification and treat- House Oversight. considerations of such provisions as fall ment units for properties subject to mort- By Mr. BARTLETT of Maryland (for within the jurisdiction of the committee gages insured under the Single-family Hous- himself, Mr. BARTON of Texas, Mr. concerned. ing Mortgage Insurance Program; to the DUNCAN, Mr. CRANE, Mr. EMERSON, By Mr. BARCIA of Michigan (for him- Committee on Banking and Financial Serv- Mr. SOLOMON, Mr. CONDIT, Mr. COBLE, self, Mr. BREWSTER, and Mr. CAMP): ices. Mr. BURTON of Indiana, Mr. HUNTER, H.R. 59. A bill to amend the Internal Reve- By Mr. THOMAS (for himself, Mr. Mr. CALLAHAN, Mr. DORNAN, Mr. nue Code of 1986 to simplify the assessment YOUNG of Alaska, Mr. ROHRABACHER, CRAPO, Mr. COMBEST, Mr. and collection of the excise tax on arrows; to Mr. DOOLITTLE, Mr. DOOLEY, Mr. CUNNINGHAM, Mr. MOORHEAD, Mr. the Committee on Ways and Means. GALLEGLY, and Mr. ARCHER): CALVERT, Mr. GEKAS, Mr. BREWSTER, By Mr. LIVINGSTON: H.R. 70. A bill to permit exports of certain Mr. HALL of Texas, Mr. QUILLEN, Mr. H.R. 60. A bill to provide that compliance domestically produced crude oil, and for BOUCHER, Mr. SAM JOHNSON, Mr. by the States with the National Voter Reg- other purposes; to the Committee on Re- ROYCE, Mr. BARCIA of Michigan, Mr. istration Act of 1993 shall be voluntary; to sources, and in addition to the Committee on YOUNG of Alaska, Mr. HAYES, Mr. the Committee on House Oversight. International Relations, for a period to be SKEEN, Mr. DOOLITTLE, Mr. STUMP, H.R. 61. A bill to abolish the ex officio posi- subsequently determined by the Speaker, in Mr. HUTCHINSON, Mr. PACKARD, Mr. tions on the Federal Election Commission; each case for consideration of such provi- COLLINS of Georgia, Mr. CHRYSLER, to the Committee on House Oversight. sions as fall within the jurisdiction of the and, Mr. SCHAEFER): H.R. 62. A bill to amend the Internal Reve- committee concerned. H.R. 78. A bill to protect the right to ob- nue Code of 1986 to increase the unified es- By Mr. GOSS (for himself, Mr. BLUTE, tain firearms for security, and to use fire- tate and gift tax credit to an amount equiva- Mr. BOEHNER, Mr. INGLIS of South arms in defense of self, family, or home, and lent to a $1,200,000 exemption; to the Com- Carolina, Mr. PORTMAN, Mr. ROBERTS, to provide for the enforcement of such right; mittee on Ways and Means. and Mr. HORN): to the Committee on the Judiciary. H.R. 63. A bill to prohibit the admission to H.R. 71. A bill to reduce the official mail By Mr. RANGEL: the United States as refugees of individuals allowance of Members of the House and to H.R. 79. A bill to require the Secretary of who served in the armed forces of Iraq during prohibit certain other mailing practices, and the Treasury to mint coins in commemora- the Persian conflict; to the Committee on for other purposes; to the Committee on tion of Associate Justice Thurgood Marshall; the Judiciary. House Oversight, and in addition to the Com- to the Committee on Banking and Financial H.R. 64. A bill to amend title 28, United mittee on Government Reform and Over- Services. States Code, to provide that a reasonable at- sight, for a period to be subsequently deter- By Mr. KANJORSKI (for himself and torney’s fee shall be awarded as a part of the mined by the Speaker, in each case for con- Mr. HINCHEY): cost to prevailing defendants in Federal civil sideration of such provisions as fall within H.R. 80. A bill to foster economic growth, actions; to the Committee on the Judiciary. the jurisdiction of the committee concerned. create new employment opportunities, and By Mr. BILIRAKIS (for himself and Mr. By Mr. GOSS (for himself and Mr. strengthen the industrial base of the United TEJEDA): JOHNSTON of Florida): States by providing credit for businesses and H.R. 65. A bill to amend title 10, United H.R. 72. A bill imposing certain restriction by facilitating the transfer and commer- States Code, to permit retired members of and requirements on the leasing under the cialization of government-owned patents, li- the Armed Forces who have a service-con- Outer Continental Shelf Lands Act of lands censes, process, and technologies, and for nected disability to receive military retired offshore Florida, and for other purposes; to other purposes; to the Committee on Bank- pay concurrently with veterans’ disability the Committee on Resources. ing and Financial Services, and in addition compensation; to the Committee on National H.R. 73. A bill to protect the ecologically to the Committees on Science, the Judiciary, Security. fragile coastal resources of south Florida by and Ways and Means, for a period to be sub- By Mr. BEREUTER: prohibiting offshore oil and gas activities sequently determined by the Speaker, in H.R. 66. A bill to amend the Housing Act of and by canceling Federal leases in the area each case for consideration of such provi- 1949 to authorize the Secretary of Agri- of the Outer Continental Shelf adjacent to sions as fall within the jurisdiction of the culture to guarantee the repayment of loans the south Florida coast; to the Committee committee concerned. made by private lenders for the development on Resources. By Mr. DIAZ-BALART: costs of multifamily rural rental housing for By Mr. GOSS: H.R. 81. A bill to oppose Cuba’s admission low- and moderate-income families in rural H.R. 74. A bill to amend the Marine Mam- as a member of international financial insti- areas; to the Committee on Banking and Fi- mal Protection Act of 1972 to provide for tutions; to the Committee on Banking and nancial Services. State disapproval of issuance of permits for Financial Services. H.R. 67. A bill to extend the Conservation the taking of marine mammals in protected H.R. 82. A bill to deny visas to aliens in- Reserve Program for 10 years and the Wet- State waters; to the Committee on Re- volved with the foreign expropriation of lands Reserve Program for 5 years to protect sources. property of U.S. Persons; to the Committee vulnerable soil and water resources by facili- H.R. 75. A bill to prohibit travel by Mem- on the Judiciary. tating the transition of our Nation’s most bers, officers, and employees of the House of H.R. 83. A bill to provide for the withhold- environmentally sensitive land to conserva- Representatives at lobbyist expense; to the ing of contributions to certain organizations tion uses by enabling farmers to meet con- Committee on House Oversight. that assist Iraq, Iran, Libya, and Cuba; to servation compliance requirements through By Mr. BARRETT of Wisconsin (for the Committee on Banking and Financial the early withdrawal, modification, re-en- himself and Mr. BROWDER): Services. rollment, or enrollment of lands in the con- H.R. 76. A bill to amend the Internal Reve- H.R. 84. A bill to prohibit the importation servation reserve; to best achieve such con- nue Code of 1986 to provide a 1-year exten- into the United States of sugar from coun- servation purposes with sharply limited re- sion of the deduction for the health insur- tries that import sugar from Cuba; to the sources by permitting the Secretary of Agri- ance costs of self-employed individuals; to Committee on Ways and Means. culture to negotiate reduced annual rental the Committee on Ways and Means. By Mr. KANJORSKI: payments in exchange for granting farmers By Mr. BARTLETT of Maryland (for H.R. 85. A bill to provide for greater disclo- increased flexibility to withdraw, enroll, or himself), Mr. SHAYS, Mr. STUMP, Mr. sure of and accountability for Federal Gov- re-enroll parts of land parcels in the Con- MCHUGH, Mr. INGLIS of South Caro- ernment travel; to the Committee on Gov- servation Reserve Program and for permit- lina, Mr. CANADY, Mr. SENSEBRENNER, ernment Reform Oversight, and in addition H 166 CONGRESSIONAL RECORD — HOUSE January 9, 1995 to the Committees on House Oversight, and PELOSI, Mr. MATSUI, Mr. STARK, Mr. sions as fall within the jurisdiction of the the Judiciary, for a period to be subse- ABERCROMBIE, Mr. BERMAN, and Mr. committee concerned. quently determined by the Speaker, in each REYNOLDS): H.R. 109. A bill to amend title 38, United case for consideration of such provisions as H.R. 96. A bill to amend section 1977A of States Code, to provide that the effective fall within the jurisdiction of the committee the revised statutes to equalize the remedies date for discontinuance of compensation and concerned. available to all victims of intentional em- pension paid by the Secretary of Veterans By Mr. BARTLETT of Maryland: ployment discrimination, and for other pur- Affairs shall be the date on which the recipi- H.R. 86. A bill to establish a Commission to poses; to the Committee on the Judiciary. ent dies, rather than the last day of the pre- examine the costs and benefits, and the im- By Mrs. KENNELLY: ceding month, in the case of a veteran with pact on voter turnout, of changing the dead- H.R. 97. A bill to establish a rapid deploy- a surviving spouse, and for other purposes; to line for filing Federal income tax returns to ment force; to the Committee on the Judici- the Committee on Veterans’ Affairs. the date on which Federal elections are held; ary. H.R. 110. A bill to amend the Internal Rev- to the Committee on Ways and Means. By Mrs. KENNELLY (for herself, Mr. enue Code of 1986 to allow employers a tax H.R. 87. A bill to establish the Department SHAYS, Mr. GEJDENSON, Ms. DELAURO, credit for hiring displaced homemakers; to of Energy Laboratory Facilities Commis- and Mrs. JOHNSON of Connecticut): the Committee on Ways and Means. sion, and for other purposes; to the Commit- H.R. 98. A bill to clarify the tax treatment By Mr. MFUME: tee on Science, and in addition to the Com- of certain disability benefits received by H.R. 111. A bill to amend the Small Busi- mittees on National Security, and Rules, for former police officers or firefighters; to the ness Act to make modifications to the small a period to be subsequently determined by Committee on Ways and Means. business and capital ownership development the Speaker, in each case for consideration By Mrs. KENNELLY (for herself, Mr. program, and for other purposes; to the Com- of such provisions as fall within the jurisdic- FRANK of Massachusetts, Mr. RAN- mittee on Small Business. tion of the committee concerned. GEL, Mr. MCDERMOTT, Mr. CARDIN, H.R. 112. A bill to amend section 223 of the By Mr. KANJORSKI: Mr. GOSS, Mr. JEFFERSON, Mr. Communications Act of 1934 to prevent the H.R. 88. A bill to amend the Internal Reve- DEUTSCH, Ms. NORTON, Mr. SERRANO, harassment by computer modem or other nue Code of 1986 to enhance tax equity and Mr. OWENS, Mr. FALEOMAVAEGA, Ms. electronic device; to the Committee on Com- fairness by imposing an alternative mini- LOWEY, Mr. MILLER of California, Mr. merce. mum tax on corporations importing products SMITH of New Jersey, and Mr. H.R. 113. A bill to require automobile in- into the United States at artificially inflated STUDDS): surance insurers to provide rate setting in- prices; to the Committee on Ways and H.R. 99. A bill to amend the Internal Reve- formation and for other purposes; to the Means. nue Code of 1986 to provide for the tax treat- Committee on Commerce. By Mr. SENSENBRENNER: ment of accelerated death benefits under life H.R. 114. A bill to establish a Minority H.R. 89. A bill to amend the Internal Reve- insurance contracts; to the Committee on Business Development Administration in the nue Code of 1986 to provide for rollover of Ways and Means. Department of Commerce, to clarify the re- gain from sale of farm assets into an individ- By Mr. YATES: lationship between such Administration and ual retirement account; to the Committee on H.R. 100. A bill to authorize appropriations the Small Business Administration, and for Ways and Means. for fiscal years 1996 and 1997 to carry out the other purposes; to the Committee on Bank- H.R. 90. A bill to appropriate 2 percent of National Foundation on the Arts and the Hu- ing and Financial Services, and in addition Federal individual income tax revenues to manities Act of 1965, and Museum Service to the Committee on Small Business, for a the States to fight crime; to the Committee Act; to the Committee on Economic and period to be subsequently determined by the on Ways and Means, and in addition to the Educational Opportunities. Speaker, in each case for consideration of Committees on the Judiciary, the Budget, By Mr. RICHARDSON: such provisions as fall within the jurisdic- and Rules, for a period to be subsequently H.R. 101. A bill to transfer a parcel of land tion of the committee concerned. determined by the Speaker, in each case for to the Taos Pueblo Indians of New Mexico; to H.R. 115. A bill to amend the Internal Rev- consideration of such provisions as fall with- the Committee on Resources. enue Code of 1986 to clarify the deduction for in the jurisdiction of the committee con- By Mr. BILIRAKIS: business use of the home; to the Committee cerned. H.R. 102. A bill to amend the Solid Waste on Ways and Means. H.R. 91. A bill to prohibit acquisitions of Disposal Act to exempt pesticide rinse water By Mr. BILBRAY: land or waters for the National Wildlife Ref- degradation systems from subtitle C permit H.R. 116. A bill to limit State authority to uge System if wildlife refuge revenue sharing requirements; to the Committee on Com- regulate certain activities on vessels, and for payments have not been made for the preced- merce. other purposes; to the Committee on Trans- ing fiscal year; to the Committee on Re- H.R. 103. A bill to amend title 5, United portation and Infrastructure. sources. States Code, to provide that the Civil Serv- By Mr. BLUTE (for himself, Mr. H.R. 92. A bill to amend the Internal Reve- ice retirement and disability fund be ex- BACHUS, Mr. BEREUTER, Mr. CANADY, nue Code of 1986 to allow certain corpora- cluded from the budget of the U.S. Govern- Mr. FRANKS of Connecticut, Mr. HAN- tions and certain trusts to be shareholders of ment; to the Committee on Government Re- COCK, Mr. HERGER, Mr. HUTCHINSON, subchapter S corporations; to the Committee form and Oversight. Mrs. JOHNSON of Connecticut, Mr. on Ways and Means. H.R. 104. A bill to prohibit the provision of JOHNSTON of Florida, Mr. KLUG, Mr. H.R. 93. A bill to provide that the prevail- financial assistance from the Federal Gov- LIVINGSTON, Mr. MARTINEZ, Mr. ing party in a tort action is entitled to re- ernment to any person who is more than 60 MCHUGH, Mr. PETRI, Mr. QUINN, and cover attorneys’ fees from the nonprevailing days delinquent in the payment of any child Mr. ROYCE): party; to the Committee on the Judiciary. support obligations; to the Committee on H.R. 117. A bill to amend the United States By Mr. BATEMAN: Government Reform and Oversight. Housing Act of 1937 to prevent persons hav- H.R. 94. A bill entitled ‘‘The Volunteer H.R. 105. A bill to amend the Act of Sep- ing drug or alcohol use problems from occu- Firefighter and Rescue Squad Worker Pro- tember 30, 1961, to exclude professional base- pying dwelling units in public housing tection Act’’; to the Committee on Economic ball from the antitrust exemption applicable projects designated for occupancy of elderly and Educational Opportunities. to certain television contracts; to the Com- families, and for other purposes; to the Com- By Mrs. KENNELLY (for herself, Mr. mittee on the Judiciary. mittee on Banking and Financial Services. LEWIS of Georgia, Ms. PELOSI, Ms. By Mr. BILIRAKIS (for himself, Mr. By Mr. BLUTE: ESHOO, Ms. NORTON, Mr. EVANS, Mr. JACOBS, Mr. BUNNING, and Mr. H.R. 118. A bill to eliminate certain welfare MEEHAN, Mr. FILNER, Mr. SERRANO, OWENS): benefits with respect to fugitive felons and Mr. SHAYS, Mr. KLINK, Mrs. MEEK of H.R. 106. A bill to provide that professional probation and parole violators, and to facili- Florida, and Mr. NEAL): baseball teams, and leagues composed of tate sharing of information with police offi- H.R. 95. A bill to improve the interstate such teams, shall be subject to the antitrust cers; to the Committee on Ways and Means, enforcement of child support and parentage laws; to the Committee on the Judiciary. and in addition to the Committees on Com- court orders, and for other purposes; to the By Mr. BILIRAKIS: merce, Agriculture, and Banking and Finan- Committee on Ways and Means, and in addi- H.R. 107. A bill to provide benefits under cial Services, for a period to be subsequently tion to the Committees on Resources, Gov- the survivor benefit plan to surviving determined by the Speaker, in each case for ernment Reform and Oversight, National Se- spouses of certain members of the Armed consideration of such provisions as fall with- curity, International Relations, the Judici- Forces retired before September 21, 1972; to in the jurisdiction of the committee con- ary, Banking and Financial Services, and the Committee on National Security. cerned. House Oversight, for a period to be subse- H.R. 108. A bill to modify the provision of By Mr. BRYANT of Texas: quently determined by the Speaker, in each law which provides a permanent appropria- H.R. 119. A bill to provide for the disclo- case for consideration of such provisions as tion for the compensation of Members of sure of lobbying activities to influence the fall within the jurisdiction of the committee Congress, and for other purposes; to the Federal Government, and for other purposes; concerned. Committee on Rules, and in addition to the to the Committee on the Judiciary, and in By Mrs. KENNELLY (for herself, Mrs. Committee on Appropriations, for a period to addition to the Committee on Standards of MORELLA, Mr. FRANK of Massachu- be subsequently determined by the Speaker, Official Conduct, for a period to be subse- setts, Ms. WATERS, Mr. MINETA, Ms. in each case for consideration of such provi- quently determined by the Speaker, in each January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 167

case for consideration of such provisions as By Mr. LEVIN (for himself, Mr. SHAW, H.R. 140. A bill to amend the Indian Gam- fall within the jurisdiction of the committee Mr. CAMP, and Mr. RANGEL): ing Regulatory Act, and for other purposes; concerned. H.R. 127. A bill to amend the Internal Rev- to the Committee on Resources. By Mr. BUNNING (for himself and Mr. enue Code of 1986 to restore and make perma- H.R. 141. A bill to amend the Anti-Drug BILIRAKIS): nent the exclusion for employer-provided Abuse Act of 1988 to eliminate the discretion H.R. 120. A bill to apply the antitrust laws educational assistance; to the Committee on of the court in connection with the denial of of the United States to major league base- Ways and Means. certain Federal benefits upon conviction of ball; to the Committee on the Judiciary. By Mr. SOLOMON (for himself, Mr. certain drug offenses; to the Committee on By Mr. BURTON of Indiana: CRANE, Mr. CUNNINGHAM, Mr. the Judiciary. H.R. 121. A bill to amend title 18, United MCINTOSH, and Mr. ROYCE): H.R. 142. A bill to amend title 10, United States Code, to specify the use of computers H.R. 128. A bill to give the President legis- States Code, to prohibit any Federal grant or in or affecting commerce as a basis for Fed- lative, line-item veto authority over budget contract from being awarded to any edu- eral prosecution of certain obscenity of- authority in appropriations bills in fiscal cational institution that does not allow the fenses; to the Committee on the Judiciary. years 1996 and 1997; to the Committee on Secretary of Defense to have access to stu- By Mr. CHAPMAN: Government Reform and Oversight, and in dents on campuses or to obtain certain stu- H.R. 122. A bill to establish the Regulatory addition to the Committee on Rules, for a dent information for recruiting purposes; to Sunset Commission to review regulations of period to be subsequently determined by the the Committee on National Security, and in executive agencies, and to provide for the Speaker, in each case for consideration of addition to the Committee on Economic and automatic termination of regulations that Educational Opportunities, for a period to be such provisions as fall within the jurisdic- are not authorized by the Commission to subsequently determined by the Speaker, in tion of the committee concerned. continue in effect; to the Committee on Gov- each case for consideration of such provi- By Mr. SOLOMON: ernment Reform and Oversight, and in addi- sions as fall within the jurisdiction of the H.R. 129. A bill to repeal the provision of tion to the Committee on the Judiciary, for committee concerned. law under which pay for Members of Con- a period to be subsequently determined by H.R. 143. A bill to require preemployment gress is automatically adjusted; to the Com- the Speaker, in each case for consideration drug testing with respect to applicants for mittee on Government Reform and Over- of such provisions as fall within the jurisdic- Federal employment; to the Committee on tion of the committee concerned. sight, and in addition to the Committee on Government Reform and Oversight. By Mr. EMERSON (for himself, Mr. House Oversight, for a period to be subse- H.R. 144. A bill to establish a task force to quently determined by the Speaker, in each BARR, Mr. WAMP, Mr. DORNAN, Mr. recommend a uniform strategy to protect case for consideration of such provisions as HANSEN, Mr. GUTKNECHT, Mr. BURTON women against violent crime; to the Com- fall within the jurisdiction of the committee of Indiana, Mr. DOOLITTLE, Mr. mittee on the Judiciary. KINGSTON, Mr. STUMP, Mr. EHLERS, concerned. H.R. 145. A bill to amend title II of the So- Mr. BUNNING, Mr. CALVERT, Mr. H.R. 130. A bill to ensure that Federal cial Security Act so as to remove the limita- MONTGOMERY, Mr. ARCHER, Mr. DICK- agencies establish the appropriate proce- tion upon the amount of outside income EY, Mr. RAMSTAD, Mr. LIVINGSTON, dures for assessing whether or not Federal which an individual may earn while receiv- Mr. BEVILL, Mr. FAWELL, Mr. regulations might result in the taking of pri- ing benefits thereunder; to the Committee on CLINGER, Mr. KING, Mr. CANADY, Mr. vate property, and to direct the Secretary of Ways and Means. PORTER, Mr. LINDER, Mr. REGULA, Mr. Agriculture to report to the Congress with H.R. 146. A bill to impose mandatory sen- PACKARD, Mr. HUTCHINSON, Mrs. MEY- respect to such takings under programs of tences for violent felonies committed ERS of Kansas, Mr. BARRETT of Ne- the Department of Agriculture; to the Com- against individuals of age 65 or over, and for braska, Mr. KNOLLENBERG, Mr. TAL- mittee on the Judiciary, and in addition to other purposes; to the Committee on the Ju- ENT, Mr. HANCOCK, Mr. SOLOMON, Mr. the Committee on Agriculture, for a period diciary. PETRI, Mr. BALLENGER, Mr. BACHUS, to be subsequently determined by the Speak- H.R. 147. A bill to amend title 18, United and Mrs. FOWLER): er, in each case for consideration of such pro- States Code, to modify the death penalty for H.R. 123. A bill to amend title 4, United visions as fall within the jurisdiction of the drug kingpins; to the Committee on the Ju- States Code, to declare English as the offi- committee concerned. diciary. cial language of the Government of the Unit- H.R. 131. A bill to amend the Internal Rev- H.R. 148. A bill to require random drug ed States; to the Committee on Economic enue Code of 1986 to increase the child care testing of Federal legislative branch officers and Educational Opportunities. credit for lower-income working parents, and and employees; to the Committee on House By Mr. EMERSON: for other purposes; to the Committee on Oversight. H.R. 124. A bill to amend the Internal Rev- Ways and Means. H.R. 149. A bill to prohibit the export of enue Code of 1986 to allow a credit to em- H.R. 132. A bill to amend the Internal Rev- satellites intended for launch from launch ployers for the cost of providing English lan- enue Code of 1986 to provide a refundable in- vehicles owned by the People’s Republic of guage training to their employees; to the come credit for the recycling of hazardous China; to the Committee on International Committee on Ways and Means. wastes; to the Committee on Ways and Relations. By Mr. CHAPMAN (for himself, Mr. Means. H.R. 150. A bill to prohibit the importation BARTLETT of Maryland, Mr. BOUCHER, H.R. 133. A bill to amend the Internal Rev- of foreign-made flags of the United States of Mr. BREWSTER, Mr. CANADY, Mr. PETE enue Code of 1986 to allow a credit against America; to the Committee on Ways and GEREN of Texas, Mr. GORDON, Mr. income tax for the purchase of a principal Means. HALL of Texas, Mr. HAMILTON, Mr. residence by a first-time homebuyer; to the H.R. 151. A bill to amend chapter 15 of title HAYES, Mr. HOLDEN, Mr. KLINK, Mr. Committee on Ways and Means. 5, United States Code, to eliminate the pro- LAUGHLIN, Mr. MONTGOMERY, Mr. H.R. 134. A bill to suspend Federal edu- vision prohibiting certain State and local SHUSTER, Mr. SKELTON, Mr. SOLOMON, cation benefits to individuals convicted of employees from seeking elective office; to Mr. TALENT, Mr. TAUZIN, Mr. VOLK- drug offenses; to the Committee on Eco- the Committee on Government Reform and MER, Mr. WISE, Mr. YOUNG of Alaska, nomic and Educational Opportunities. Oversight. Mr. MOLLOHAN, Mr. MURTHA, Mr. H.R. 135. A bill to prohibit a federally spon- H.R. 152. A bill to prohibit retroactive in- COSTELLO, Mr. STENHOLM, Mr. DELAY, sored research pertaining to the legalization come taxation; to the Committee on Ways Mr. STUMP, Mr. EMERSON, Mr. BAKER of drugs; to the Committee on Government and Means. of Louisiana, Mr. MCCRERY, Mr. HAN- Reform and Oversight. H.R. 153. A bill to amend the Public Health COCK, Mr. SAM JOHNSON of Texas, Mr. H.R. 136. A bill to require random drug Service Act to establish Federal standards to CUNNINGHAM, Mr. BURTON of Indiana, testing within the executive branch of the ensure quality assurance of drug testing pro- Mr. HOSTETTLER, Mr. MCCOLLUM, and Government; to the Committee on Govern- grams, and for other purposes; to the Com- Mr. RAHALL): ment Reform and Oversight. mittee on Commerce. H.R. 125. A bill to repeal the ban on semi- H.R. 137. A bill to increase opportunities H.R. 154. A bill to amend title 18, United automatic assault weapons and the ban on for veterans with service-connected disabil- States Code, to provide the penalty of death large capacity ammunition feeding devices; ities to participate in Department of Defense for certain murders of State and local cor- to the Committee on the Judiciary. procurement actions; to the Committee on rectional officers by in incarcerated persons, By Mr. COBLE: National Security. and for other purposes; to the Committee on H.R. 126. A bill to repeal the provision of H.R. 138. A bill to amend the Controlled the Judiciary. law under which pay for Members of Con- Substances Act to require that courts, upon H.R. 155. A bill to increase opportunities gress is automatically adjusted; to the Com- the criminal conviction under that act, no- for veterans held as prisoners-of-war during mittee on Government Reform and Over- tify the employer of the convicted person; to the Vietnam era to participate in Depart- sight, and in addition to the Committee on the Committee on the Judiciary. ment of Defense procurement actions; is the House Oversight, for a period to be subse- H.R. 139. A bill to prohibit the entry into Committee on National Security. quently determined by the Speaker, in each the United States of items produced, grown, H.R. 156. A bill to amend the Internal Rev- case for consideration of such provisions as or manufactured in the People’s Republic of enue Code of 1986 to provide a Federal in- fall within the jurisdiction of the committee China with the use of forced labor; to the come tax credit for tuition; to the Commit- concerned. Committee on Ways and Means. tee on Ways and Means. H 168 CONGRESSIONAL RECORD — HOUSE January 9, 1995 H.R. 157. A bill to amend the Internal Rev- cago Housing Authority; to the Committee other purposes; to the Committee on Com- enue Code of 1986 to restore the prior law ex- on Banking and Financial Services. merce. clusion for scholarships and fellowships and H.R. 168. A bill to amend title XIX of the H.R. 182. A bill to provide for disclosures to restore the deduction for interest on edu- Social Security Act with respect to requiring for insurance to interstate commerce; to the cation loans; to the Committee on Ways and State plans for appropriately responding to Committee on Commerce. Means. the closing of hospitals, and for other pur- H.R. 183. A bill to amend the Truth in H.R. 158. A bill to amend the Internal Rev- poses; to the Committee on Commerce. Lending Act to require lenders to post cur- enue Code of 1986 to allow health insurance H.R. 169. A bill to provide for the manda- rent interest rates charged for various cat- premiums to be fully deductible to the ex- tory registration of handguns; to the Com- egories of loans to consumers; to the Com- tent not in excess of $3,000; to the Committee mittee on the Judiciary. mittee on Banking and Financial Services. on Ways and Means. H.R. 170. A bill to require the Secretary of H.R. 184. A bill to amend the privacy provi- H.R. 159. A bill to amend the Internal Rev- Housing and Urban Development to establish sions of title 5, United States Code, to im- enue Code of 1986 to provide that tax-exempt energy conservation standards for public prove the protection of individual informa- interest shall not be taken into account in housing projects and to carry out a program tion and to reestablish a permanent Privacy determining the amount of Social Security to demonstrate the effectiveness of energy Protection Commission as an independent benefits included in gross income; to the conservation measures in public housing entity in the Federal Government, and for Committee on Ways and Means. projects; to the Committee on Banking and other purposes; to the Committee on Govern- H.R. 160. A bill to require random drug Financial Services. ment Reform and Oversight. testing of Federal judicial branch officers H.R. 171. A bill to make it an unfair prac- H.R. 185. A bill to amend the Communica- and employees; to the Committee on the Ju- tice for any retailer to increase the price of tions Act of 1934 to establish procedures for diciary. certain consumer commodities once the re- the discontinuance of mobile radio services H.R. 161. A bill to discourage States and tailer marks the price on any such consumer to persons engaged in drug trafficking, and local governments from providing general commodity, and to permit the Federal Trade for other purposes; to the Committee on welfare assistance to able-bodied individuals Commission to order any such retailer to re- Commerce. unless such individuals are participating in fund any amounts of money obtained by so H.R. 186. A bill to amend the Internal Rev- workfare programs; to the Committee on increasing the price of such consumer com- enue Code of 1986 to facilitate the rehabilita- Ways and Means. modity; to the Committee on Commerce. tion of public housing using the low-income H.R. 162. A bill to amend the Higher Edu- H.R. 172. A bill to authorize the Secretary housing credit; to the Committee on Ways cation Act of 1965 to prevent double counting of Health and Human Services to fund ado- and Means. of income in the conduct of needs analysis lescent health demonstration projects; to the H.R. 187. A bill to amend the Communica- for student assistance under that Act; to the Committee on Commerce. tions Act of 1934 to require the Federal Com- Committee on Economic and Educational H.R. 173. A bill to amend title XIX of the munications Commission to prescribe rules Opportunities. Social Security Act to require State Medic- to lower market entry barriers for small H.R. 163. A bill to amend title II of the So- aid Programs to provide coverage of screen- business, business concerns owned by women cial Security Act to provide that an individ- ing mammography and screening pap and members of minority groups, and non- ual’s entitlement to any benefit thereunder smears; to the Committee on Commerce. profit entities that are seeking to provide shall continue through the month of his or H.R. 174. A bill to provide for the manufac- telecommunication services and information her death (without affecting any other per- turer, importer, or dealer of a handgun or an services; to the Committee on Commerce. son’s entitlement to benefits for that month) assault weapon to be held strictly liable for H.R. 188. A bill to amend title XVIII of the and that such individual’s benefit shall be damages that result from the use of the Social Security Act to permit direct pay- payable for such month only to the extent handgun or assault weapon; to the Commit- ment under the Medicare Program for serv- proportionate to the number of days in such tee on the Judiciary. ices of registered nurses as assistants at sur- month preceding the date of such individ- H.R. 175. A bill to prohibit rental car com- gery; to the Committee on Commerce, and in ual’s death; to the Committee on Ways and panies from imposing liability on renters addition to the Committee on Ways and Means. with certain exceptions, to prohibit such Means, for a period to be subsequently deter- H.R. 164. A bill to amend titles II and XVIII companies from selling collision damage mined by the Speaker, in each case for con- of the Social Security Act to ensure the in- waivers in connection with private passenger sideration of such provisions as fall within tegrity of the Social Security trust funds by automobile rental agreements of not more the jurisdiction of the committee concerned. reconstituting the Boards of Trustees of such than 30 days, and for other purposes; to the H.R. 189. A bill to amend the Solid Waste trust funds by and the Managing Trustee of Committee on Commerce. Disposal Act and the Comprehensive Envi- such trust funds to increase their independ- H.R. 176. A bill to provide for disclosures ronmental Response, Compensation, and Li- ence, by providing for annual investment for insurance in interstate commerce; to the ability Act of 1980 (Superfund) to provide for plans to guide investment of amounts in Committee on Commerce. the recycling and management of used oil such trust funds, and by removing unneces- H.R. 177. A bill to amend the Communica- and to reduce emissions of lead into the am- sary restrictions on investment and dis- tions Act of 1934 to require the Federal Com- bient air, and for other purposes; to the Com- investment of amounts in such trust funds; munications Commission to continue and mittee on Commerce, and in addition to the to the Committee on Ways and Means, and in improve efforts to promote diversity in Committee on Transportation and Infra- addition to the Committee on Commerce, for media ownership, management, and pro- structure, for a period to be subsequently de- a period to be subsequently determined by gramming, and for other purposes; to the termined by the Speaker, in each case for the Speaker, in each case for consideration Committee on Commerce. consideration of such provisions as fall with- of such provisions as fall within the jurisdic- H.R. 178. A bill to provide that funds appro- in the jurisdiction of the committee con- tion of the committee concerned. priated to the Department of Defense may cerned. By Mr. COBLE: not be used to purchase articles of packaged H.R. 190. A bill to strengthen the authority H.R. 165. A bill to make Members of Con- food not packaged in the United States or its of the Equal Employment Opportunity Com- gress ineligible to participate in the Federal possessions; to the Committee on National mission to enforce nondiscrimination poli- Employees’ Retirement System; to the Com- Security. cies in Federal employment; to the Commit- mittee on Government Reform and Over- H.R. 179. A bill to require the Secretary of tee on Economic and Educational Opportuni- sight, and in addition to the Committee on Defense, the Secretary of Health and Human ties, and in addition to the Committee on House Oversight, for a period to be subse- Services, and the Secretary of Veterans Af- Government Reform and Oversight, for a pe- quently determined by the Speaker, in each fairs to submit to the Congress a joint report riod to be subsequently determined by the case for consideration of such provisions as addressing the question of United States Speaker, in each case for consideration of fall within the jurisdiction of the committee Government responsibility for providing ben- such provisions as fall within the jurisdic- concerned. efits and services to disabled individuals who tion of the committee concerned. By Mrs. COLLINS of Illinois: served with certain voluntary organizations By Mrs. ROUKEMA: H. R. 166. A bill to amend title XVIII of the that provided significant assistance to the H.R. 191. A bill to amend part A of title IV Social Security Act to provide payment for armed forces of the United States stationed of the Social Security Act to deny benefits dental services under part B of the Medicare in the Republic of Vietnam during the Viet- under the program of aid to families with de- Program; to the Committee on Commerce, nam era; to the Committee on National Se- pendent children with respect to any child and in addition to the Committee on Ways curity. who has not received preventive health care and Means, for a period to be subsequently H.R. 180. A bill to amend title XIX of the or been immunized in accordance with rec- determined by the Speaker, in each case for Social Security Act to reduce infant mortal- ommendations issued by the Surgeon Gen- consideration of such provisions as fall with- ity through improvement of coverage of eral of the Public Health Service, and to in the jurisdiction of the committee con- services to pregnant women and infants amend the Child Care and Development cerned. under the Medicaid Program; to the Commit- Block Grant Act to require that child care H.R. 167. A bill to require the Secretary of tee on Commerce. providers that receive assistance, directly or Housing and Urban Development to provide H.R. 181. A bill to improve coordination in indirectly, under such act require all chil- assistance for emergency repairs in lower in- the formulation of telecommunications pol- dren to be immunized in accordance with come housing projects operated by the Chi- icy within the executive branch, and for such recommendations; to the Committee on January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 169 Ways and Means, and in addition to the Com- sions as fall within the jurisdiction of the for other purposes; to the Committee on mittee on Commerce, for a period to be sub- committee concerned. Ways and Means. sequently determined by the Speaker, in By Mr. COBLE: H.R. 214. A bill to amend the Internal Rev- each case for consideration of such provi- H.R. 201. A bill to amend title II of the So- enue Code of 1986 to repeal the income tax- sions as fall within the jurisdiction of the cial Security Act to phase out the earnings ation of corporations, to impose a 10 percent committee concerned. test over a 5-year period for individuals who tax on the earned income (and only the H.R. 192. A bill to amend the title IV of have attained retirement age, and for other earned income) of individuals, to repeal the Stewart B. McKinney Homeless Assistance purposes; to the Committee on Ways and estate and gift taxes, to provide amnesty for Act to require operators of emergency shel- Means. all tax liability for prior taxable years, and ters and transitional housing assisted under By Mr. COLEMAN (for himself and Mr. for other purposes; to the Committee on such title to determine the immunization RICHARDSON): Ways and Means. status of children under the age of 6 occupy- H.R. 202. A bill to direct the Secretary of By Mr. CRAPO (for himself, Mr. ROYCE, ing such housing; to the Committee on Transportation to carry out a demonstration Mr. CANADY, Mr. MANZULLO, Mr. Banking and Financial Services. project to establish a highway corridor from HUTCHINSON, Mr. ISTOOK, Mr. By Mrs. ROUKEMA (for herself and Ms. Chihuahua, Mexico, through El Paso, TX, to HOEKSTRA, Mr. ENGLISH, Mr. CHABOT, KAPTUR): Denver, CO; to the Committee on Transpor- Mr. HANSEN, Mr. DORNAN, Mr. H.R. 193. A bill to establish a comprehen- tation and Infrastructure. KNOLLENBERG, Mr. STUMP, Mr. GOSS, sive policy with respect to the provision of By Mr. CONDIT: Mr. INGLIS of South Carolina, Mr. health care coverage and services to individ- H.R. 203. A bill to require the Secretary of BAKER of California, Mr. COLLINS of uals with severe mental illnesses, and for Agriculture to issue regulations concerning Georgia, Mr. BAKER of Louisiana, Mr. other purposes; to the Committee on Com- use of the term ‘‘fresh’’ in the labeling of SAM JOHNSON of Texas, Mr. GREEN- merce. poultry, and for other purposes; to the Com- WOOD, Mr. TALENT, Mrs. CHENOWETH, By Mrs. ROUKEMA: mittee on Agriculture. Mr. HASTERT, Mr. BACHUS, Mr. KIM, H.R. 194. A bill to direct the Secretary of H.R. 204. A bill to require the President to and Mr. SCHAEFER): the Interior to make matching contributions submit to the Congress each year an inte- H.R. 215. A bill to reform the House of Rep- toward the purchase of the Sterling Forest grated justification for United States foreign resentatives, and for other purposes; to the in the State of New York, and for other pur- assistance programs, and for other purposes; Committee on Rules, and in addition to the poses; to the Committee on Resources. to the Committee on International Rela- Committees on the Budget, and Government H.R. 195. A bill entitled ‘‘Interstate Child tions, and in addition to the Committees on Reform and Oversight, for a period to be sub- Support Enforcement Act’’; to the Commit- Agriculture, Banking and Financial Serv- sequently determined by the Speaker, in tee on Ways and Means, and in addition to ices, and Rules, for a period to be subse- each case for consideration of such provi- the Committees on the Judiciary, Banking quently determined by the Speaker, in each sions as fall within the jurisdiction of the and Financial Services, National Security, case for consideration of such provisions as committee concerned. and Economic and Educational Opportuni- fall within the jurisdiction of the committee By Mr. CUNNINGHAM: ties, for a period to be subsequently deter- concerned. H.R. 216. A bill to provide that certain new mined by the Speaker, in each case for con- By Mr. CONDIT (for himself, Mrs. Federal programs shall terminate no later sideration of such provisions as fall within THURMAN, Mr. CUNNINGHAM, and Mr. than 5 years after the date of enactment of the jurisdiction of the committee concerned. CANADY): the law that establishes the programs; to the H.R. 196. A bill to eliminate automatic pay H.R. 205. A bill to require the Federal Gov- Committee on Government Reform and adjustments for Members of Congress; to the ernment to incarcerate or to reimburse Oversight. Committee on Government Reform and State and local governments for the cost of H.R. 217. A bill to establish a Second Na- Oversight, and in addition to the Committee incarcerating criminal aliens; to the Com- tional Blue Ribbon Commission to Eliminate on House Oversight, for a period to be subse- mittee on the Judiciary. Waste in Government; to the Committee on quently determined by the Speaker, in each By Mr. CONDIT: Government Reform and Oversight. case for consideration of such provisions as H.R. 206. A bill to amend title 10, United By Mr. CUNNINGHAM (for himself, Mr. fall within the jurisdiction of the committee States Code, to provide that persons retiring HALL of Texas, Mr. BARTLETT of concern. from the Armed Forces shall be entitled to Maryland, Mr. BARTON of Texas, Mr. By Mr. SMITH of Michigan (for himself all benefits which were promised them when BREWSTER, Mr. CALVERT, Mr. CONDIT, and Mr. EHLERS): they entered the Armed Forces; to the Com- Mr. CRANE, Mr. DOOLITTLE, Mr. H.R. 197. A bill to encourage the use of re- mittee on National Security. GALLEGLY, Mr. HOLDEN, Mr. HUNTER, mote sensing to promote better agricultural By Mr. COX: Mr. INGLIS of South Carolina, Mr. management in the United States; to the H.R. 207. A bill to authorize the Secretary KNOLLENBERG, Mr. LEWIS of Califor- Committee on Agriculture, and in addition of Agriculture to enter into a land exchange nia, Mr. PACKARD, Mr. PAXON, Mr. to the Committee on Science, for a period to involving the Cleveland National Forest, PORTMAN, Mr. SCHAEFER, and Mr. be subsequently determined by the Speaker, California, and to require a boundary adjust- SOLOMON): in each case for consideration of such provi- ment for the national forest to reflect the H.R. 218. A bill to amend title 18, United sions as fall within the jurisdiction of the land exchange, and for other purposes; to the States Code, to exempt qualified current and committee concerned. Committee on Resources. former law enforcement officers from State By Mr. SMITH of Michigan (for him- By Mr. CRANE (for himself, Mr. laws prohibiting the carrying of concealed self, Mr. HANCOCK, Mr. HOEKSTRA, Mr. CANADY, Mr. COMBEST, Mr. DORNAN, handguns; to the Committee on the Judici- BAKER of Louisiana, Mr. SANDERS, Mr. HANCOCK, Mr. HUNTER, Mr. ary. Mr. HAYES, Mr. STENHOLM, and Mr. ISTOOK, Mr. ROYCE, Mr. SOLOMON, and By Mr. CUNNINGHAM: DORNAN): Mr. STUMP): H.R. 219. A bill to require a temporary H.R. 198. A bill to amend title XII of the H.R. 208. A bill to repeal the statutory au- moratorium on leasing, exploration, and de- Food Security Act of 1985 to permit the con- thority for the Corporation for Public Broad- velopment on lands of the Outer Continental version of wetlands that are 1 acre or less in casting; to the Committee on Commerce. Shelf of the State of California, and for other size; to the Committee on Agriculture. By Mr. CRANE: purposes; to the Committee on Resources. By Mr. SMITH of Michigan (for him- H.R. 209. A bill to amend the National H.R. 220. A bill to amend title IV of the So- self, Mr. BLUTE, Mr. CUNNINGHAM, Mr. Foundation on the Arts and the Humanities cial Security Act to deny aid to families EVERETT, Mr. ISTOOK, Mr. KASICH, Act of 1965 to abolish the National Endow- with dependent children to certain individ- Mr. KNOLLENBERG, Mr. LINDER, Mr. ment for the Arts and National Council on uals for any week in which the individuals MANZULLO, and Mr. CHRYSLER): the Arts; to the Committee on Economic and work or attend courses at an educational in- H.R. 199. A bill to amend the Internal Rev- Educational Opportunities. stitution for fewer than 30 hours; to the enue Code of 1986 to provide that the deduc- H.R. 210. A bill to provide for the privatiza- Committee on Ways and Means. tion for depreciation shall be computed on a tion of the United States Postal Service; to By Mr. DEUTSCH (for himself, Mr. neutral cost recovery basis, and for other the Committee on Government Reform and LANTOS, Mr. MEEHAN, and Mr. purposes; to the Committee on Ways and Oversight. PALLONE): Means. H.R. 211. A bill to limit United States con- H.R. 221. A bill to amend title 18, United By Mr. UPTON (for himself and Mr. tributions to the United Nations; to the States Code, to regulate the manufacture, TAUZIN): Committee on International Relations. importation, and sale of polymer plastic am- H.R. 200. A bill to amend the Comprehen- H.R. 212. A bill to amend title 28, United munition; to the Committee on the Judici- sive Environmental Response, Compensa- States Code, to clarify the remedial jurisdic- ary. tion, and Liability Act of 1980, and for other tional relating to taxes of inferior Federal By Mr. DICKEY: purposes; to the Committee on Commerce, courts; to the Committee on the Judiciary. H.R. 222. A bill to prohibit the Secretary of and in addition to the Committee on Trans- H.R. 213. A bill to amend the Internal Rev- Health and Human Services from finding portation and Infrastructure, for a period to enue code of 1986 to provide for a maximum that a State medicaid plan is not in compli- be subsequently determined by the Speaker, long-term capital gains rate of 15 percent ance with title XIX of the Social Security in each case for consideration of such provi- and indexing of certain capital assets, and Act solely on the grounds that the plan does H 170 CONGRESSIONAL RECORD — HOUSE January 9, 1995 not cover abortions for pregnancies resulting By Mr. EMERSON: novative programs with respect to the Com- from an act of rape or incest if coverage for H.R. 236. A bill to amend the Food Stamp mittee on Commerce. such abortions is inconsistent with State Act of 1977 to permit participating house- By Mr. GREENWOOD: law; to the Committee on Commerce. holds to use food stamp benefits to purchase H.R. 249. A bill to amend title XVIII of the H.R. 223. A bill to amend the Federal Elec- nutritional supplements of vitamins, min- Social Security Act to provide for coverage tion Campaign Act of 1971 to prohibit con- erals, or vitamins and minerals; to the Com- under part B of the medicare program of tributions by nonparty multicandidate polit- mittee on Agriculture. drugs approved by the Food and Drug Ad- ical committees; to the Committee on House H.R. 237. A bill to prohibit the use of Fed- ministration for the treatment of individuals Oversight. eral funds for abortions except where the life with multiple sclerosis; to the Committee on By Mr. DICKEY (for himself and Mr. of the mother would be endangered; to the Commerce, and in addition to the Committee SHAYS): Committee on Commerce. on Ways and Means, for a period to be subse- H.R. 224. A bill to eliminate fraud in the By Mr. EMERSON (for himself, Mr. quently determined by the Speaker, in each payment of supplemental security income SKELTON, and Mr. HANCOCK): case for consideration of such provisions as benefits to children by reason of disability; H.R. 238. A bill to provide for the protec- fall within the jurisdiction of the committee to the Committee on Ways and Means. tion of wild horses within the Ozark Na- concerned. By Mr. DINGELL: tional Scenic Riverways and prohibit and re- By Mr. GUTIERREZ: H.R. 225. A bill to amend the Solid Waste moval of such horses; to the Committee on H.R. 250. A bill to prohibit the possession Disposal Act to provide congressional au- Resources or transfer of non-sporting handguns; to the H.R. 239. A bill to rescind the fee required thorization for State control over transpor- Committee on the Judiciary. for the use of public recreation areas at tation of municipal solid waste, and for H.R. 251. A bill to amend the Ethics Re- lakes and reservoirs under the jurisdiction of other purposes; to the Committee on Com- form Act of 1989 to prevent any action to dis- the Army Corps of Engineers, and for other merce. solve, diminish the scope of the mission of, purposes; to the Committee on Transpor- H.R. 226. A bill to amend the Safe Drinking or limit the activities of, the House Commit- tation and Infrastructure. Water Act to assure the safety of public tee on Standards of Official Conduct during By Mr. EMERSON: water systems; to the Committee on Com- certain investigations; to the Committee on H.R. 240. A bill to amend title II of the So- merce. cial Security Act to provide for an improved Rules. H.R. 227. A bill to amend the Solid Waste benefit computation formula for workers By Mr. HAMILTON: Disposal Act to provide congressional au- who attain age 65 in or after 1982 and to H.R. 252. A bill to improve the operations thorization for restrictions on receipt of out- whom applies the 5-year period of transition of the legislative branch of the Federal Gov- of-State municipal solid waste, and for other to the changes in benefit computation rules ernment, and for other purposes; to the Com- purposes; to the Committee on Commerce. enacted in the Social Security Amendments mittee on Rules, and in addition to the Com- By Mr. DINGELL (for himself and Mr. of 1977 (and related beneficiaries) and to pro- mittees on Government Reform and Over- MINETA): vide prospectively for increases in their ben- sight, House Oversight, and the Budget, for a H.R. 228. A bill to amend the Comprehen- efits accordingly; to the Committee on Ways period to be subsequently determined by the sive Environmental Response, Compensa- and Means. Speaker, in each case for consideration of tion, and Liability Act of 1980, and for other H.R. 241. A bill to amend the Internal Rev- such provisions as fall within the jurisdic- purposes; to the Committee on Commerce, enue Code of 1986 to expand the tax-exempt tion of the committee concerned. and in addition to the committees on Trans- status of Christa McAuliffe Fellowships; to By Ms. HARMAN: portation and Infrastructure, and Ways and the Committee on Ways and Means. H.R. 253. A bill to amend the Act com- Means, for a period to be subsequently deter- H.R. 242. A bill to extend the retroactive monly referred to as the ‘‘Johnson Act’’ to mined by the Speaker, in each case for con- period during which farm insolvency trans- limit the authority of States to regulate sideration of such provisions as fall within actions are exempt from the prior law alter- gambling devices on vessels; to the Commit- the jurisdiction of the committee concerned. native minimum tax; to the Committee on tee on Transportation and Infrastructure. By Mr. DORNAN: Ways and Means. By Mr. HASTINGS of Florida: H.R. 229. A bill to impose certain require- H.R. 243. A bill to amend title II of the So- H.R. 254. A bill to amend title VII of the ments on medical malpractice liability cial Security Act to phase out the earnings Civil Rights Act of 1964 with respect to es- claims; to the Committee on the Judiciary, test over a 5-year period for individuals who tablishing an unlawful employment practice and in addition to the Committee on Com- have attained age 65, and for other purposes; based on disparate treatment; to the Com- merce, for a period to be subsequently deter- to the Committee on Ways and Means. mittee on Economic and Educational Oppor- mined by the Speaker, in each case for con- By Mr. ENGEL (for himself, Mr. MAN- tunities. sideration of such provisions as fall within TON, Mr. KING, Mr. DELLUMS, Mr. By Mr. HASTINGS of Florida (for him- the jurisdiction of the committee concerned. MCNULTY, Mrs. ROUKEMA, Mr. ACKER- self and Mrs. MEEK of Florida): By Mr. DORNAN (for himself, Mr. MAN, Mrs. LOWEY, Mr. WALSH, Mr. H.R. 255. A bill to designate the Federal SMITH of New Jersey, and Mr. HYDE): CLAY, Mr. LIPINSKI, Mr. PAYNE of Justice Building in Miami, FL, as the H.R. 230. A bill to amend title 18, United New Jersey, Mr. SERRANO, Mrs. ‘‘James Lawrence King Federal Justice States Code, to prevent the misuse of certain MALONEY, Mrs. MORELLA, Mr. LA- Building’’; to the Committee on Transpor- antiracketeering laws; to the Committee on FALCE, Mr. BORSKI, Mr. TRAFICANT, tation and Infrastructure. the Judiciary. and Mr. OWENS): By Mr. HEFLEY: By Mr. DORNAN: H.R. 244. A bill to require certain entities H.R. 256. A bill to withdraw and reserve H.R. 231. A bill to amend the Internal Rev- receiving United States funds from the Inter- certain public lands and minerals within the enue Code of 1986 to deny the deduction for national Fund for Ireland to comply with the State of Colorado for military uses, and for medical expenses incurred for an abortion; to MacBride Principles; to the Committee on other purposes; to the Committee on Na- the Committee on Ways and Means. International Relations. tional Security, and in addition to the Com- H.R. 232. A bill to amend the Internal Rev- By Mr. ENGEL: mittee on Resources, for a period to be sub- enue Code of 1986 to allow a deduction for H.R. 245. A bill concerning paramilitary sequently determined by the Speaker, in dividends paid by domestic corporations; to groups and British security forces in North- each case for consideration of such provi- the Committee on Ways and Means. ern Ireland; to the Committee on Inter- sions as fall within the jurisdiction of the H.R. 233. A bill to amend the Internal Rev- national Relations. committee concerned. enue Code of 1986 to remove the limitation By Mr. FAWELL (for himself, Mr. H.R. 257. A bill to establish certain require- on the deductibility of capital losses; to the BALLENGER, and Mr. BOEHNER): ments relating to the transfer or disposal of Committee on Ways and Means. H.R. 246. A bill to repeal the Service Con- public lands managed by the Bureau of Land By Mr. EHLERS: tract Act of 1965; to the Committee on Eco- management, and for other purposes; to the H.R. 234. A bill to amend title 11 of the nomic and Educational Opportunities. Committee on Resources. United States Code to make By Mr. FIELDS of Texas: H.R. 258. A bill to establish a non-Federal, nondischargeable a debt for death or injury H.R. 247. A bill to amend the Merchant Ma- for-profit Launch Services Corporation for caused by the debtor’s operation of rine Act, 1936, to authorize State maritime providing space launch service to the Fed- watercraft while intoxicated; to the Commit- academies to reimburse qualified individuals eral Government and other domestic and for- tee on the Judiciary. for fees imposed for the issuance of certain eign customers, and for other purposes; to H.R. 235. A bill to amend the Internal Rev- entry level merchant seamen licenses and the Committee on Science. enue Code of 1986 to provide that the per- merchant mariners’ documents, and for By Mr. HEFLEY (for himself, Mr. MIL- centage of completion method of accounting other purposes; to the Committee on Na- LER of Florida, Mr. RANGEL, Mr. BAR- shall not be required to be used with respect tional Security. TON of Texas, Mr. COMBEST, and Mr. to contracts for the manufacture of property By Mr. GREENWOOD (for himself and SCHAEFER): if no payments are required to be made be- Mr. PALLONE): H.R. 259. A bill to amend title 49, United fore the completion of the manufacture of H.R. 248. A bill to amend the Public Health States Code, to eliminate provisions of Fed- such property; to the Committee on Ways Service Act to provide for the conduct of ex- eral law that provide special support for, or and Means. panded studies and the establishment of in- burdens on, the operation of Amtrak as a January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 171 passenger rail carrier, and for other pur- H.R. 274. A bill to amend the Federal Elec- eral law relating to employment and pri- poses; to the Committee on Transportation tion Campaign Act of 1971 to provide for pub- vacy, and for other purposes; to the Commit- and Infrastructure. lic financing of advertising and related ex- tee on Economic and Educational Opportuni- By Mr. HEFLEY (for himself and Mr. penses in campaigns for the House of Rep- ties, and in addition to the Committee on VENTO): resentatives and to prohibit contributions by Government Reform and Oversight, for a pe- H.R. 260. A bill to provide for the develop- multicandidate political committees to can- riod to be subsequently determined by the ment of a plan and a management review of didates who accept such financing; to the Speaker, in each case for consideration of the National Park System and to reform the Committee on House Oversight. such provisions as fall within the jurisdic- process by which areas are considered for ad- H.R. 275. A bill to prohibit candidates for tion of the committee concerned. dition to the National Park System, and for Congress from accepting multicandidate po- By Mr. KANJORSKI: other purposes; to the Committee on Re- litical committee contributions; to the Com- H.R. 288. A bill to enhance the availability sources. mittee on House Oversight. of credit to businesses in order to foster eco- By Mr. HERGER: H.R. 276. A bill to prohibit candidates for nomic growth and stabilization and to create H.R. 261. A bill to provide relief to State Federal office from using campaign contribu- new employment opportunities in commu- and local governments from Federal regula- tions for inherently personal purposes; to the nities facing economic distress, and for other tion; to the Committee on Government Re- Committee on House Oversight. form and Oversight. H.R. 277. A bill to require that any request purposes; to the Committee on Banking and By Mr. INGLIS of South Carolina (for by the President for a declaration of war in- Financial Services. H.R. 289. A bill to authorize civil actions himself, Mr. SANFORD, and Mr. clude a cost/benefit statement, and to re- WAMP): quire that any declaration of war by the for certain violations involving depository H.R. 262. A bill to amend the Federal Elec- Congress include such a statement; to the institutions; to the Committee on Banking tion Campaign Act of 1971 to prohibit Committee on International Relations. and Financial Services. multicandidate political committee con- H.R. 278. A bill to establish the Federal H.R. 290. A bill to institute management tributions and expenditures in elections for right of every unemancipated child to be reforms and eliminate conflicts-of-interest Federal office; to the Committee on House supported by such child’s parent or parents on boards of directors of depository institu- Oversight. and, therefore, to confer upon certain local tions and depository holding companies, and By Mr. JACOBS: courts of the District of Columbia and every for other purposes; to the Committee on H.R. 263. A bill to amend the Animal Wel- State and territory of the United States ju- Banking and Financial Services. fare Act to require humane living conditions risdiction to enforce such right regardless of H.R. 291. A bill to amend the Resource Con- for calves raised for the production of veal; such child’s residence; to the Committee on servation and Recovery Act to improve pro- to the Committee on Agriculture. the Judiciary. cedures for the implementation of State H.R. 264. A bill to amend the Poultry Prod- H.R. 279. A bill to categorize payments compacts providing for the establishment ucts Inspection Act to require the slaughter from lobbyists to, or on behalf of, Members and operation of regional disposal facilities of poultry in accordance with humane meth- of Congress as bribery under Federal crimi- for municipal and industrial solid waste, and ods; to the Committee on Agriculture. nal law; to the Committee on the Judiciary. for other purposes; to the Committee on H.R. 265. A bill to require manufacturers of H.R. 280. A bill to amend title 38, United Commerce. motor vehicles to provide for dissemination States Code, to permit the next of kin of a H.R. 292. A bill to improve the collection to the public all vehicle warranty and repair deceased veteran to designate the style of and dissemination of information relating to information provided dealers; to the Com- flag to be furnished at the burial of such vet- the price and supply of home heating fuel, mittee on Commerce. eran; to the Committee on Veterans’ Affairs. natural gas, and automotive fuel, and for H.R. 266. A bill prohibiting the manufac- H.R. 281. A bill to amend the Internal Rev- other purposes; to the Committee on Com- ture, sale, delivery, or importation of school enue Code of 1986 to reinstate the tax on in- merce. buses that do not have seat belts, and for terest received by foreigners on certain port- H.R. 293. A bill to amend the Federal Coal other purposes; to the Committee on Com- folio investments; to the Committee on Ways Mine Health and Safety Act of 1969 to estab- merce. and Means. lish a presumption of eligibility for disabil- H.R. 267. A bill to require that passenger H.R. 282. A bill to amend the Internal Rev- ity benefits in the case of certain coal min- vans shall be subject to the same Federal enue Code of 1986 to expand the types of ers who filed claims under part C of such act motor vehicle safety standards as are appli- equipment which may be acquired with tax- between July 1, 1973, and April 1, 1980; to the cable to passenger motor vehicles; to the exempt financing by volunteer fire depart- Committee on Economic and Educational Committee on Commerce. ments and to provide a comparable treat- Opportunities. H.R. 268. A bill to amend the Higher Edu- ment for emergency medical service organi- H.R. 294. A bill to amend title 5, United cation Act of 1965 to qualify additional insti- zations; to the Committee on Ways and States Code, to provide that an individual tutions for programs under part B of title III Means. serving in a position in the competitive or of that Act; to the Committee on Economic By Mr. JACOBS: excepted service, under an indefinite or tem- and Educational Opportunities. H.R. 283. A bill to amend the Internal Rev- porary appointment, who performs at least 2 H.R. 269. A bill to qualify Martin Univer- enue Code of 1986 to deny the business deduc- years of service in such a position within a 5- sity of Indianapolis, Indiana, for participa- tion for any amount paid or incurred for reg- tion in the program under part B of title III ularly scheduled air transportation to the year period, and who passes a suitable non- of the Higher Education Act of 1965; to the extent such amount exceeds the normal competitive examination, shall be granted Committee on Economic and Educational tourist class fare for such transportation; to competitive status for purposes of transfer Opportunities. the Committee on Ways and Means. or reassignment; to the Committee on Gov- H.R. 270. A bill to make ‘‘America, the H.R. 284. A bill to amend the Internal Rev- ernment Reform and Oversight. Beautiful’’ the national anthem of the Unit- enue Code of 1986 to make permanent the H.R. 295. A bill to extend the authority of ed States of America; to the Committee on section 170(e)(5) rules pertaining to gifts of the Secretary of the Treasury to enter into Government Reform and Oversight. publicly traded stock to certain private agreements with certain cities and counties H.R. 271. A bill to amend title 5, United foundations, and for other purpses; to the for the withholding of city and county in- States Code, to eliminate the existing Fed- Committee on Ways and Means. come and employment taxes from the pay of eral employee bonus and incentive award H.R. 285. A bill to amend the Internal Rev- Federal employees who are residents of, or programs and establish a program for incen- enue Code of 1986 to provide an exemption regularly employed in, such cities and coun- tive awards for Federal employees only for from income tax for certain common invest- ties; to the Committee on Government Re- suggestions, inventions, or other personal ef- ment funds; to the Committee on Ways and form and Oversight. forts which cause a demonstrable monetary Means. H.R. 296. A bill to reform campaign prac- savings to the Government; to the Commit- H.R. 286. A bill is prohibit States and local- tices for elections to the House of Represent- tee on Government Reform and Oversight. ities from receiving certain Federal eco- atives by limiting contributions from politi- H.R. 272. A bill to amend title 5, United nomic development assistance if the State or cal action committees, establishing tax cred- States Code, to provide civil service retire- locality provides improper incentives for lo- its for individual campaign contributions, ment credit to a Federal employee for any cation of businesses or organizations within providing matching funds for individual period of service performed with the Amer- the State or locality; to the Committee on small contributions, limiting the use of per- ican Red Cross abroad during a period of war; Banking and Financial Services, and in addi- sonal funds in a campaign, offsetting inde- to the Committee on Government Reform tion to the Committee on Transportation pendent expenditures, encouraging the use of and Oversight. and Infractructure, for a period to be subse- longer campaign commercials, and for other H.R. 273. A bill to amend Public Law 85–745 quently determined by the Speaker, in each purposes; to the Committee on House Over- to provide that a former President may not case for consideration of such provisions as sight, and in addition to the Committees on receive a monetary allowance thereunder ex- fall within the jurisdiction of the committee Ways and Means, and Commerce, for a period cept upon waiving the right to receive any concerned. to be subsequently determined by the Speak- other Government annuity or pension; to the H.R. 287. A bill to eliminate the exemption er, in each case for consideration of such pro- Committee on Government Reform and for Congress or for the United States from visions as fall within the jurisdiction of the Oversight. the application of certain provisions of Fed- committee concerned. H 172 CONGRESSIONAL RECORD — HOUSE January 9, 1995 H.R. 297. A bill to terminate all U.S. assist- ers to comply with; to the Committee on H.R. 321. A bill to deem the Florida pan- ance to the National Endowment for Democ- Economic and Educational Opportunities, ther to be an endangered species under the racy, and for other purposes; to the Commit- and in addition to the Committee on House Endangered Species Act of 1973; to the Com- tee on International Relations. Oversight, Government Reform and Over- mittee on Resources. H.R. 298. A bill to amend section 3056 in sight, the Judiciary, and Rules, for a period By Mr. MCINTOSH: title 18, United States Code, to limit Secret to be subsequently determined by the Speak- H.R. 322. A bill entitled the ‘‘Law Abiding Service protection of former Presidents er, in each case for consideration of such pro- Citizens Safety Act of 1995’’; to the Commit- when they are traveling to engage in income- visions as fall within the jurisidiction of the tee on the Judiciary. producing activities; to the Committee on committee concerned. H.R. 323. A bill to amend the Internal Rev- the Judiciary. By Mr. KLUG: enue Code of 1986 to allow a deduction for H.R. 299. A bill to amend title 32, United H.R. 310. A bill to provide for the privatiza- contributions to a medical savings account, States Code, to provide that performance of tion of the Federal Power Marketing Admin- and for other purposes; to the Committee on honor guard functions at funerals for veter- istrations, and for other purposes; to the Ways and Means. ans by members of the National Guard may Committee on Resources. By Mrs. MALONEY (for herself, Mr. be recognized as a Federal function for Na- H.R. 311. A bill to prohibit further Federal PETRI, Ms. VELA´ ZQUEZ, Mr. OWENS, tional Guard purposes; to the Committee on funding for the gas turbine-modular helium National Security. reactor program of the Department of En- and Mr. SERRANO): H.R. 300. A bill to reauthorize economic de- ergy; to the Committee on Science. H.R. 324. A bill to amend the Federal Elec- velopment programs under the Public Works H.R. 312. A bill to prohibit funding to carry tion Campaign Act of 1971 to require certain and Economic Development Act of 1965 for out the Appalachian Regional Development disclosures with respect to phone bank com- fiscal years 1994 and 1995, to reenact the Pub- Act of 1965; to the Committee on Transpor- munications; to the Committee on House lic Works and Economic Development Act of tation and Infrastructure, and in addition to Oversight. 1965 as the Economic Development and Fi- the Committee on Banking and Financial By Mr. MANZULLO (for himself, Mr. nancing Act of 1994, and for other purposes; Services, for a period to be subsequently de- ARCHER, Mr. BARTLETT of Maryland, to the Committee on Transportation and In- termined by the Speaker, in each case for Mr. CRANE, Mr. CUNNINGHAM, Mr. FA- frastructure, and in addition to the Commit- consideration of such provisions as fall with- WELL, Mr. HASTERT, Mr. HOEKSTRA, tees on Banking and Financial Services, the in the jurisdiction of the committee con- Mr. HUNTER, Mr. HYDE, Mr. KLINK, Judiciary, and Science, for a period to be cerned. Mr. KNOLLENBERG, Mr. SAXTON, Mr. subsequently determined by the Speaker, in H.R. 313. A bill to direct the President to SMITH of New Jersey, Mr. SMITH of each case for consideration of such provi- develop a plan for transferring all real prop- Texas, Mr. WALKER, Mr. WELDON of sions as fall within the jurisdiction of the erty, facilities, and equipment of the Ten- Pennsylvania, Mr. WILSON, and Mr. committee concerned. nessee Valley Authority to public and pri- ROHRABACHER); H.R. 301. A bill to restore the grave marker vate entities, and for other purposes; to the H.R. 325. A bill to amend the Clean Air Act allowance for veterans; to the Committee on Committee on Transportation and Infra- to provide for an optional provision for the Veterans’ Affairs. structure. reduction of work-related vehicle trips and H.R. 302. A bill relating to the period dur- By Mr. LEVIN: miles traveled in ozone nonattainment areas ing which certain retail dealer occupational H.R. 314. A bill to provide for monthly re- designated as severe, and for other purposes; taxes may be assessed; to the Committee on porting of child support obligations to cer- to the Committee on Commerce. Ways and Means. tain consumer reporting agencies; to the By Mr. MANZULLO: By Mr. BILIRAKIS (for himself and Mr. Committee on Ways and Means. H.R. 326. A bill to provide that compliance TEJEDA): By Mrs. LOWEY: by the States with the National Voter Reg- H.R. 303. A bill to amend title 38, United H.R. 315. A bill to offer States a national istration Act of 1993 shall be voluntary; to States Code, to permit retired members of welfare reform option and incentives to im- the Committee on House Oversight. the Armed Forces who have service-con- plement the welfare reform option, to By Mr. McCRERY: nected disabilities to receive compensation strengthen child support enforcement, to H.R. 327. A bill to assure that advertise- from the Department of Veterans Affairs provide all States with the flexibility and re- ments by States for participation in their concurrently with retired pay, without de- sources necessary to promote work and self- lotteries are subject to regulation by the duction from either; to the Committee on sufficiency, to expand access to affordable Federal Trade Commission; to the Commit- Veterans’ Affairs. child care, and for other purposes; to the tee on Commerce. By Mr. KIM (for himself, Mr. HUNTER, Committee on Ways and Means, and in addi- H.R. 328. A bill to amend the Internal Rev- Mr. COX, Mr. DORNAN, Mr. DOOLITTLE, tion to the Committee on Economic and enue Code of 1986 to allow a deduction for Mr. PACKARD, Mr. CALVERT, Mr. Educational Opportunities, for a period to be contribution to individual investment ac- ROYCE, Mr. CUNNINGHAM, and Mr. subsequently determined by the Speaker, in counts, and for other purposes; to the Com- DREIER): each case for consideration of such provi- mittee on Ways and Means. H.R. 304. A bill to amend the Clean Air Act sions as fall within the jurisdiction of the H.R. 329. A bill to amend the Internal Rev- to prohibit the Environmental Protection committee concerned. enue Code of 1986 to provide that the income Agency from promulgating a Federal imple- By Mr. MCCOLLUM (for himself, Mr. tax imposed on estates and trusts shall be mentation plan prior to the disapproval of BACHUS, Mr. CASTLE, Mr. SAM JOHN- determined using the rate table applicable to State implementation plan revisions re- SON, Mr. LEWIS of California, Mr. quired pursuant to the Clean Air Act Amend- LINDER, and Mr. MCCRERY): married individuals filing separate returns; ments of 1990, and for other purposes; to the H.R. 316. A bill to amend the Federal De- to the Committee on Ways and Means. Committee on Commerce. posit Insurance Act to clarify the due proc- By Mr. MINGE: By Mr. KING (for himself and Mr. KEN- ess protections applicable to directors and H.R. 330. A bill to require that excess funds NEDY of Massachusetts): officers of insured depository institutions provided for official allowances of Members H.R. 305. A bill to amend title 18, United and other institution-affiliated parties, and of the House of Representatives be dedicated States Code, to include peonage and slavery for other purposes; to the Committee on to deficit reduction; to the Committee on offenses as RICO predicates; to the Commit- Banking and Financial Services. House Oversight. tee on the Judiciary. By Mr. MCCOLLUM: By Mrs. MINK of Hawaii: By Mr. KING: H.R. 317. A bill to amend the Community H.R. 331. A bill to require the Federal Gov- H.R. 306. A bill to modify the project for Reinvestment Act of 1977 to reduce onerous ernment to consider as having arrived on navigation, Jones Inlet, NY; to the Commit- recordkeeping and reporting requirements time any sealed bid submitted in response to tee on Transportation and Infrastructure. for regulated financial institutions, and for a solicitation for a procurement of goods or By Mr. KLINK: other purposes; to the Committee on Bank- services if the bid was sent by an overnight H.R. 307. A bill to modify certain regu- ing and Financial Services. message delivery service at least 2 working latory requirements of the Environmental H.R. 318. A bill to amend title 11 of the days before the date specified for receipt of Protection Agency regarding motor vehicle United States Code to establish a priority for bids; to the Committee on Government Re- inspection and maintenance, and for other the payment of claims for retiree health ben- form and Oversight, and in addition to the purposes; to the Committee on Commerce. efits in liquidation cases under chapters 7 Committee on National Security, for a pe- H.R. 308. A bill to provide for the convey- and 11; to the Committee on the Judiciary. riod to be subsequently determined by the ance of certain lands and improvements in H.R. 319. A bill to amend title 18, United Speaker, in each case for consideration of Hopewell Township, PA, to a nonprofit orga- States Code, to make the knowing disclosure such provisions as fall within the jurisdic- nization known as the ‘‘Beaver County Cor- of classified information by Federal officers tion of the committee concerned. poration for Economic Development’’ to pro- and employees a criminal offense; to the H.R. 332. A bill to amend title 10, United vide a site for economic development; to the Committee on the Judiciary. States Code, to provide for transportation by Committee on Transportation and Infra- H.R. 320. A bill to amend title 18, United the Department of Defense of certain chil- structure. States Code, to provide civil and criminal dren requiring specialized medical services H.R. 309. A bill to require the Congress to forfeitures for certain offenses; to the Com- in the United States; to the Committee on comply with the laws which it requires oth- mittee on the Judiciary. National Security. January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 173

By Mr. NEAL: subsequently determined by the Speaker, in VENTO, Mr. ABERCROMBIE, Mr. H.R. 333. A bill to amend the Internal Rev- each case for consideration of such provi- DEFAZIO, and Mr. KLECZKA): enue Code of 1986 to allow a deduction for sions as fall within the jurisdiction of the H.R. 357. A bill to modify the requirements capital gains for middle-income taxpayers; committee concerned. applicable to locatable minerals on public to the Committee on Ways and Means. H.R. 346. A bill to authorize the Secretary domain lands, consistent with the principles H.R. 334. A bill to amend the Internal Rev- of the Navy to transfer a riverine patrol boat of self-initiation of mining claims, and for enue Code of 1986 to encourage savings by in- of the U.S.S. Swift class to Tidewater Com- other purposes; to the Committee on Re- creasing the amount of deductible contribu- munity College, Portsmouth, VA; to the sources. tions which may be made to an individual re- Committee on National Security. By Mr. ROHRABACHER: tirement account; to the Committee on Ways H.R. 347. A bill to repeal the requirement H.R. 358. A bill to repeal the authority of and Means. that ships’ stores of the Navy be operated as the Mayor of the District of Columbia to req- By Mr. NEAL (for himself, Mr. LEVIN, nonappropriated fund instrumentalities; to uisition unlimited funds from the Treasury Mr. COYNE, and Mr. BACHUS): the Committee on National Security. of the United States to meet the general ex- H.R. 335. A bill to amend the Internal Rev- H.R. 348. A bill to authorize the Secretary enue Code of 1986 to restore and increase the penses of the District of Columbia, and for of Transportation to use available amount to other purposes; to the Committee on Govern- deduction for the health insurance costs of make grants to qualified ship repair yard to self-employed individuals; to the Committee ment Reform and Oversight. pay 75 percent of the cost of acquiring ad- By Mr. ROHRABACHER (for himself, on Ways and Means. vanced ship repair technology and modern By Mr. ORTIZ (for himself, Mr. DE LA Ms. KAPTUR, Mr. BROWN of California, ship repair technology; to the Committee on GARZA and Mr. TEJEDA): Mr. WALKER, Mr. SENSENBRENNER, Transportation and Infrastructure. H.R. 336. A bill to provide for the establish- Mr. GALLEGLY, Mr. BONO, Mr. KEN- By Mr. PORTER: ment of a new medical facility for veterans NEDY of Massachusetts, Mr. BOEHNER, H.R. 349. A bill to amend title 38, United in south Texas; to the Committee on Veter- Mr. DELAY, Mr. SOLOMON, Mr. PAXON, States Code, to provide that certain periodi- ans’ Affairs. Mr. COX, Mr. STEARNS, Mr. CALVERT, cal publications shall not be bound publica- By Mr. ORTON: Mr. SAM JOHNSON, Mr. HERGER, Mr. tions for mail classification purposes; to the H.R. 337. A bill to repeal the Truth in Sav- DOOLITTLE, Mr. BAKER of California, Committee on Government Reform and ings Act; to the Committee on Banking and Mr. POMBO, Mr. ISTOOK, Mr. ROTH, Oversight. Financial Services. Mr. FUNDERBURK, Mr. BUNNING, Mr. By Mr. PACKARD: H.R. 350. A bill to amend title 5, United States Code, to deny annuity benefits with PACKARD, Mrs. VUCANOVICH, Mr. H.R. 338. A bill to amend title 18, United BILBRAY, Mr. MCKEON, Mr. MCINTOSH, States Code, to protect against code grab- respect to any Member of Congress convicted of a felony and to terminate the salary of Mr. METCALF, Mr. CUNNINGHAM, Mr. bers; to the Committee on the Judiciary. CHRISTENSEN, Mr. DUNCAN, Mr. ROG- H.R. 339. A bill to provide for an increase in any justice or judge of the United States who is convicted of a felony; to the Committee on ERS, Mr. WALSH, Mr. KIM, Mr. BLUTE, the number of Border Patrol agents, to pro- Mr. RADANOVICH, Mr. ROYCE, Mr. vide for the deployment of Border Patrol Government Reform and Oversight, and in FRANK of Massachusetts, Mr. BREW- agents at the Southwest border, and to pro- addition to the Committees on House Over- STER, Mr. FRISA, Mr. DORNAN, Mr. vide for additional detention facilities for il- sight, and the Judiciary, for a period to be TRAFICANT, Mrs. MORELLA, Mr. legal aliens; to the Committee on the Judici- subsequently determined by the Speaker, in KLINK, Mr. SCHIFF, Mr. HUNTER, Mr. ary. each case for consideration of such provi- EHRLICH, Mr. BROWN of Ohio, Mr. H.R. 340. A bill to terminate certain Border sions as fall within the jurisdiction of the Patrol traffic checkpoint operations in Cali- committee concerned. DEFAZIO, Mr. FORBES, Mr. NADLER, fornia; to the Committee on the Judiciary. H.R. 351. A bill to amend the Voting Rights Mr. FILNER, Mr. LUCAS, and Mr. H.R. 341. A bill to prohibit direct Federal Act of 1965 to eliminate certain provisions MORAN): financial benefits and unemployment bene- relating to bilingual voting requirements; to H.R. 359. A bill to restore the term of pat- fits for illegal aliens; to the Committee on the Committee on the Judiciary. ents, and for other purposes; to the Commit- Government Reform and Oversight, and in H.R. 352. A bill to establish uniform na- tee on the Judiciary. addition to the Committee on Ways and tional standards for the resolution of medi- By Mr. ROTH: Means, for a period to be subsequently deter- cal malpractice claims, and for other pur- H.R. 360. A bill to provide for the mined by the Speaker, in each case for con- poses; to the Committee on the Judiciary. deobligation of certain unexpended balances sideration of such provisions as fall within H.R. 353. A bill to prohibit the export of of funds made available for foreign economic the jurisdiction of the committee concerned. American black bear viscera, and for other assistance; to the Committee on Inter- By Mr. PALLONE (for himself, Mr. purposes; to the Committee on Resources, national Relations. TORRICELLI, Mr. PAYNE of New Jer- and in addition to the Committees on Inter- H.R. 361. A bill to provide authority to con- sey, Mr. ANDREWS, and Mr. national Relations, and Ways and Means, for trol exports, and for other purposes; to the MENENDEZ): a period to be subsequently determined by Committee on International Relations. H.R. 342. A bill to amend the Solid Waste the Speaker, in each case for consideration H.R. 362. A bill to provide for the appoint- Disposal Act to provide congressional au- of such provisions as fall within the jurisdic- ment of one additional Federal district judge thorization of State control over transpor- tion of the committee concerned. for the eastern district of Wisconsin, and for tation of municipal solid waste, and for H.R. 354. A bill to amend the Internal Rev- other purposes; to the Committee on the Ju- other purposes; to the Committee on Com- enue Code of 1986 to allow a deduction for diciary. merce.y contributions to a medical savings account, By Mr. SANDERS: By Mr. PETERSON of Minnesota (for and for other purposes; to the Committee on H.R. 363. A bill to amend the Fair Labor himself, Mr. DE LA GARZA, Mr. BREW- Ways and Means, and in addition to the Com- Standards Act of 1938 to increase the mini- STER, Mr. COMBEST, Mr. MINGE, Mr. mittee on Commerce, for a period to be sub- mum wage and to provide for an increase in HILLIARD, Mr. POMEROY, Mr. OBER- sequently determined by the Speaker, in such wage based on the cost of living; to the STAR, and Ms. DANNER): each case for consideration of such provi- Committee on Economic and Educational H.R. 343. A bill to amend the Food Security sions as fall within the jurisdiction of the Opportunities. Act of 1985 to reauthorize the Conservation committee concerned. By Mr. SCHAEFER: Reserve Program; to the Committee on Agri- By Mr. PORTMAN (for himself, Mr. JA- A bill to amend the Federal Water Pollu- culture. COBS, and Mr. CANADY): By Mr. PICKETT: H.R. 355. A bill to amend title 39, United tion Control Act Relating to Federal facili- H.R. 344. A bill to amend the Age Discrimi- States Code, to prevent certain mass ties pollution control; to the Committee on nation in Employment Act of 1967 to rein- mailings from being sent as franked mail, Transportation and Infrastructure. state an exemption with respect to the em- and for other purposes; to the Committee on By Mr. SCHUMER: ployment of individuals as State and local Government Reform and Oversight, and in H.R. 365. A bill to apply the antitrust laws firefighters and law enforcement officers; to addition to the Committee on House Over- of the United States to major league base- the Committee on Economic and Edu- sight, for a period to be subsequently deter- ball; to the Committee on the Judiciary. cational Opportunities. mined by the Speaker, in each case for con- By Mr. SERRANO: H.R. 345. A bill to amend title 4, United sideration for such provisions as fall within H.R. 366. A bill to amend the Higher Edu- States Code, to declare English as the offi- the jurisdiction of the committee concerned. cation Act of 1965 to apply to Hispanic-serv- cial language of the Government of the Unit- By Mr. PORTMAN: ing institutions of higher education the same ed States and to amend the Immigration and H.R. 356. A bill to amend the Federal Elec- student loan default rate limitations appli- Nationality Act to provide that public cere- tion Campaign Act of 1971 to ban activities cable to historically Black colleges and uni- monies for the admission of new citizens of political action committees in Federal versities; to the Committee on Economic and shall be considered solely in English; to the elections; to the Committee on House Over- Educational Opportunities. Committee on Economic and Educational sight. H.R. 367. A bill to repeal the Cuban Democ- Opportunities, and in addition to the Com- By Mr. RAHALL (for himself, Mr. MIL- racy Act of 1992; to the Committee on Inter- mittee on the Judiciary, for a period to be LER of California, Mr. SHAYS, Mr. national Relations. H 174 CONGRESSIONAL RECORD — HOUSE January 9, 1995 By Mr. SMITH of New Jersey: and for other purposes; to the Committee on coastal waters and the exclusive economic H.R. 368. A bill to amend title 38, United Banking and Financial Services. zone; to the Committee on Resources. States Code, to add bronchioloalveolar car- H.R. 381. A bill to improve health status in By Mrs. VUCANOVICH (for herself, Mr. cinoma to the list of diseases presumed to be medically disadvantaged communities ENSIGN, Mr. STUMP, Mr. DOOLITTLE, service-connected for certain radiation-ex- through comprehensive community-based and Mr. BURTON of Indiana): posed veterans; to the Committee on Veter- managed care programs; to the Committee H.R. 394. A bill to amend title 4 of the ans’ Affairs. on Commerce. United States Code to limit State taxation H.R. 369. A bill to require the Secretary of H.R. 382. A bill to amend the Civil Rights of certain pension income; to the Committee the Interior to conduct a study regarding Act of 1964 and the Fair Housing Act to pro- on the Judiciary. Fort King, FL; to the Committee on Re- hibit discrimination on the basis of affec- By Mrs. VUCANOVICH: sources. tional or sexual orientation, and for other H.R. 395. A bill to designate the U.S. court- By Mr. STUMP: purposes; to the Committee on the Judici- house and Federal building to be constructed H.R. 370. A bill to repeal the National ary, and in addition to the Committee on at the southeastern corner of Liberty and Voter Registration Act of 1993; to the Com- Economic and Educational Opportunities, for South Virginia Streets in Reno, NV, as the mittee on House Oversight. a period to be subsequently determined by ‘‘Bruce R. Thompson United States Court- By Mr. STUMP (for himself and Mrs. the Speaker, in each case for consideration house and Federal Building’’; to the Commit- of such provisions as fall within the jurisdic- tee on Transportation and Infrastructure. VUCANOVICH): H.R. 371. A bill to prohibit a State from tion of the committee concerned. By Mr. WALSH: By Mr. TRAFICANT: H.R. 396. A bill to require hearing loss test- imposing an income tax on the pension in- H.R. 383. A bill to amend the National Ag- ing for all newborns in the United States; to come of individuals who are not residents or ricultural Weather Information System Act the Committee on Commerce. domiciliaries of that State; to the Commit- of 1990 to improve the collection and dis- By Mr. WILLIAMS: tee on the Judiciary. tribution of weather information to assist H.R. 397. A bill to apply arbitration to By Mr. STUMP (for himself and Mr. agricultural producers; to the Committee on major league baseball, and for other pur- CALLAHAN): Agriculture. poses; to the Committee on Economic and H.R. 372. A bill to amend the Immigration H.R. 384. A bill to establish counseling pro- Educational Opportunities. and Nationality Act regarding public charge grams for disabled police officers; to the By Mr. WYNN; status of aliens and the financial responsibil- Committee on the Judiciary. H.R. 398. A bill to amend the Federal De- ity of sponsors; to the Committee on the Ju- H.R. 385. A bill to establish a commission posit Insurance Corporation Improvement diciary. responsible for making recommendations for Act of 1991 to provide for greater disclosure H.R. 373. A bill to effect a moratorium on laws that will control crime and formulating of lending to small businesses; to the Com- immigration by aliens other than refugees, a national firearms policy without denying mittee on Banking and Financial Services. priority workers, and the spouses and chil- second amendment rights; to the Committee H.R. 399. A bill to amend title 18, United dren of U.S. citizens; to the Committee on on the Judiciary. States Code, regarding false identification the Judiciary. H.R. 386. A bill to provide that professional documents; to the Committee on the Judici- By Mr. STUMP: baseball teams and leagues composed of such ary. H.R. 374. A bill to amend title II of the So- teams shall be subject to the antitrust laws; By Mr. YOUNG of Alaska: cial Security Act so as to remove the limita- to the Committee on the Judiciary. H.R. 400. A bill to provide for the exchange tion upon the amount of outside income H.R. 387. A bill to amend title 10, United of lands within Gates of the Arctic National which an individual may earn while receiv- States Code, to authorize the Secretary of Park and Preserve, and for other purposes; to ing benefits thereunder; to the Committee on Defense to assign Department of Defense per- the Committee on Resources. Ways and Means. sonnel to assist the Immigration and Natu- H.R. 401. A bill entitled the ‘‘Kenai Natives By Mr. STUMP (for himself and Mr. ralization Service and the U.S. Customs Association Equity Act’’; to the Committee CALLAHAN): Service perform their border protection on Resources. H.R. 375. A bill to provide for asylum re- functions; to the Committee on National Se- H.R. 402. A bill to amend the Alaska Native form, prohibition of Federal benefits to cer- curity. Claims Settlement Act, and for other pur- tain aliens, and for other purposes; to the H.R. 388. A bill to require the Adminis- poses; to the Committee on Resources. Committee on the Judiciary, and in addition trator of the National Aeronautics and Space By Mr. ZIMMER: to the Committees on Ways and Means, Agri- Administration, in meeting the needs of the H.R. 403. A bill to repeal the Rural Elec- culture, Banking and Financial Services, and National Aeronautics and Space Administra- trification Act of 1936, require the sale of all Commerce, for a period to be subsequently tion for additional facilities, to select aban- loans made under such act, and authorize the determined by the Speaker, in each case for doned and underutilized facilities in de- Secretary of Agriculture to make loans to consideration of such provisions as fall with- pressed communities; to the Committee on electric generation and transmission co- in the jurisdiction of the committee con- Science. operatives which are unable to obtain needed cerned. H.R. 389. A bill to discourage domestic cor- financing in the private sector; to the Com- By Mr. STUPAK: porations from establishing foreign manufac- mittee on Agriculture. H.R. 376. A bill to provide for return of ex- turing subsidiaries in order to avoid Federal By Mr. ZIMMER (for himself, Mr. cess amounts from official allowances of taxes by including in gross income of U.S. HERGER, Mr. DOOLITTLE, and Mr. Members of the House of Representatives to shareholders in foreign corporations the re- ROYCE): the Treasury for deficit reduction; to the tained earnings of any such subsidiary which H.R. 404. A bill to deny Federal benefits for Committee on House Oversight, and in addi- are attributable to manufacturing oper- 10 years to persons convicted of making a tion to the Committee on Rules, for a period ations in runaway plants or tax havens; to fraudulent representation with respect to to be subsequently determined by the Speak- the Committee on Ways and Means. residence in order to receive benefits from er, in each case for consideration of such pro- H.R. 390. A bill to amend the Internal Rev- two or more States, and for other purposes; visions as fall within the jurisdiction of the enue Code of 1986 to provide that the burden to the Committee on Government Reform committee concerned. of proof shall be on the Secretary of the and Oversight. H.R. 377. A bill to reaffirm and clarify the Treasury in all tax cases, and for other pur- By Mr. ZIMMER: Federal relationship of the Burt Lake Band poses; to the Committee on Ways and Means. H.R. 405. A bill to amend title 18, United as a distinct federally recognized Indian H.R. 391. A bill to amend the Internal Rev- States Code, to provide a penalty enhance- Tribe, and for other purposes; to the Com- enue Code of 1986 to deny the foreign tax ment for the use of juveniles in Federal of- mittee on Resources. credit and deduction for taxes paid in lieu of fenses; to the Committee on the Judiciary. H.R. 378. A bill to require the transfer of income taxes; to the Committee on Ways and H.R. 406. A bill to direct the Director of the certain Coast Guard property to the Tra- Means. U.S. Fish and Wildlife Service to conduct a verse City Area Public School District in H.R. 392. A bill to amend the Internal Rev- study of the feasibility of establishing a na- Traverse City, MI; to the Committee on enue Code of 1986 to reinstate a 10-percent tional angler’s license; to the Committee on Transportation and Infrastructure. domestic investment tax credit, to provide a Resources. By Mr. THOMAS: credit for the purchase of domestic durable H.R. 407. A bill to terminate the Inter- H.R. 379. A bill to amend the Internal Rev- goods, and for other purposes; to the Com- national Space Station Alpha Program; to enue Code of 1986 to define tar sands for pur- mittee on Ways and Means, and in addition the Committee on Science. poses of the credit for producing fuels for to the Committee on Commerce, for a period H.R. 408. A bill to repeal the reduction in nonconventional sources and to repeal the to be subsequently determined by the Speak- the deductible portion of business meals and minimum tax preference for intangible drill- er, in each case for consideration of such pro- entertainment made by the Revenue Rec- ing costs; to the Committee on Ways and visions as fall within the jurisdiction of the onciliation Act of 1993; to the Committee on Means. committee concerned. Ways and Means. By Mr. TOWNS: By Mr. PALLONE (for himself, Mr. H.R. 409. A bill to repeal the increase in H.R. 380. A bill to protect home ownership SAXTON, and Mr. SHAYS): the tax on transportation fuels made by the and equity through enhanced disclosure of H.R. 393. A bill to prohibit the commercial Revenue Reconciliation Act of 1993; to the the risks associated with certain mortgages, harvesting of Atlantic striped bass in the Committee on Ways and Means. January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 175 By Mr. DINGELL (for himself, Mr. H.J. Res. 11. Joint resolution proposing an ed States providing that no person may be MARKEY, and Mr. CONYERS): amendment to the Constitution of the Unit- elected to the House of Representatives more H.R. 411. A bill to supersede the modifica- ed States with respect to the proposal and than three times, and providing that no per- tion of final judgment entered August 24, the enactment of laws by popular vote of the son may be elected to the Senate more than 1982, in the antitrust action styled United people of the United States; to the Commit- once; to the Committee on the Judiciary. States v. Western Electric, Civil Action No. 82– tee on the Judiciary. By Mr. DORNAN (for himself, Mr. HAN- 0192, U.S. District Court for the District of H.J. Res. 12. Joint resolution proposing an COCK, Mr. BURTON of Indiana, Mr. Columbia; to amend the Communications amendment to the Constitution of the Unit- SMITH of New Jersey, Mr. HYDE, and Act of 1934 to regulate the manufacturing of ed States limiting the number of consecutive Mrs. VUCANOVICH): Bell operating companies, and for other pur- terms for Members of the House of Rep- H.J. Res. 26. Joint resolution proposing an poses; to the Committee on Commerce, and resentatives and the Senate; to the Commit- amendment to the Constitution of the Unit- in addition to the Committee on the Judici- tee on the Judiciary. ed States with respect to the right to life; to ary, for a period to be subsequently deter- By Mr. EMERSON: the Committee on the Judiciary. mined by the Speaker, in each case for con- H.J. Res. 13. Joint resolution proposing an By Mr. FRANKS of New Jersey (for sideration of such provisions as fall within amendment to the Constitution of the Unit- himself, Mr. CONDIT, Mr. BLUTE, Mr. the jurisdiction of the committee concerned. ed States to prohibit compelling the attend- EMERSON, Mr. SMITH of Texas, Mr. By Mr. KANJORSKI: ance of a student in a public school other SAXTON, Mr. LOBIONDO, Mr. H.R. 420. A bill to amend the Social Secu- than the public school nearest the residence FRELINGHUYSEN, and Ms. DANNER): rity Act to provide, in the case of any person of such student; to the Committee on the Ju- H.J. Res. 27. Joint resolution proposing an who is a party in interest with respect to an diciary. amendment to the Constitution of the Unit- employee benefit plan, that information re- H.J. Res. 14. Joint resolution proposing an ed States barring Federal unfunded man- quested from the Secretary of Health and amendment to the Constitution of the Unit- dates to the States; to the Committee on the Human Services to assist such person with ed States authorizing the Congress and the Judiciary. respect to the administration of such plan States to prohibit the act of desecration of By Mr. STENHOLM (for himself, Mr. shall be provided at least once without the flag of the United States and to set SCHAEFER, Mr. KENNEDY of Massachu- charge; to the Committee on Ways and criminal penalties for that act; to the Com- setts, Ms. DUNN, Mr. PAYNE of Vir- Means. mittee on the Judiciary. ginia, Mr. CASTLE, Mr. DEAL, Mr. AL- By Mr. YOUNG of Alaska: H.J. Res. 15. Joint resolution proposing an LARD, Mr. BAESLER, Mr. BARCIA of H.R. 421. A bill to amend the Alaska Native amendment to the Constitution to provide Michigan, Mr. BARRETT of Nebraska, Claims Settlement Act to provide for the for a balanced budget for the U.S. Govern- Mr. BARTLETT of Maryland, Mr. BE- purchase of common stock of Cook Inlet Re- ment and for greater accountability in the REUTER, Mr. BEVILL, Mr. BILIRAKIS, gion, and for other purposes; to the Commit- enactment of tax legislation; to the Commit- Mr. BISHOP, Mr. BLILEY, Mr. BLUTE, tee on Resources. tee on the Judiciary. Mr. BONILLA, Mr. BREWSTER, Mr. By Mr. ARCHER (for himself, Mr. CAL- By Mr. EMERSON (for himself and Mr. BROWDER, Mr. BROWN of Ohio, Mr. VERT, Mr. BARTON of Texas, Mr. BUR- HANSEN): BRYANT of Texas, Mr. BUNN, Mr. BUR- TON of Indiana, Mr. LEACH, Mr. H.J. Res. 16. Joint resolution proposing an TON of Indiana, Mr. CALLAHAN, Mr. CRANE, Mr. COMBEST, Ms. PRYCE, Mr. amendment to the Constitution of the Unit- CALVERT, Mr. CAMP, Mr. CHAPMAN, MCHUGH, Mr. PORTMAN, Mr. WOLF, ed States relating to voluntary school pray- Mr. CLEMENT, Mr. COBURN, Mr. COL- Mr. SMITH of Texas, Mr. BONILLA, Mr. er; to the Committee on the Judiciary. LINS of Georgia, Mr. CONDIT, Mr. OXLEY, Mr. SHAYS, Mr. GANSKE, Mr. By Mr. EMERSON: COSTELLO, Mr. CRAMER, Mr. CRAPO, FOLEY, Mr. HANSEN, Mr. PAXON, Mr. H.J. Res. 17. Joint resolution proposing an Mr. CUNNINGHAM, Ms. DANNER, Mr. ROYCE, Mr. COBLE, Mr. RAMSTAD, Mr. amendment to the Constitution of the Unit- DEFAZIO, Mr. DE LA GARZA, Mr. GALLEGLY, Mr. GOSS, Mr. GREEN- ed States allowing an item veto in appropria- DEUTSCH, Mr. DIAZ-BALART, Mr. WOOD, Mr. STUMP, Mr. MONTGOMERY, tions bills; to the Committee on the Judici- DOOLEY, Mr. DOOLITTLE, Mr. DOYLE, Mr. MOORHEAD, Mr. PETRI, Mr. GOOD- ary. Mr. DUNCAN, Mr. EDWARDS, Mr. EM- LING, Ms. HARMAN, Mr. LIVINGSTON, H.J. Res. 18. Joint resolution proposing an ERSON, Mr. FOLEY, Mrs. FOWLER, Mr. Mr. STEARNS, Mr. BEREUTER, Mr. amendment to the Constitution of the Unit- FOX, Mr. FRANKS of New Jersey, Mr. SAXTON, Mr. BILIRAKIS, Mr. HANCOCK, ed States with respect to the right to life; to FRANKS of Connecticut, Mr. FROST, Mr. SAM JOHNSON of Texas, Mr. the Committee on the Judiciary. Mr. GALLEGLY, Mr. GANSKE, Mr. PETE CONDIT, Mr. FRANKS of New Jersey, By Mr. DE LA GARZA: GEREN of Texas, Mr. GIBBONS, Mr. Mr. KLUG, Mr. QUILLEN, Mr. SHAW, H.J. Res. 19. Joint resolution proposing an GILCHREST, Mr. GILLMOR, Mr. Mr. YOUNG of Florida, Mr. BAKER of amendment to the Constitution of the Unit- GOODLATTE, Mr. GOODLING, Mr. GOR- California, Mr. BUNNING, Mr. PACK- ed States pertaining to prayer; to the Com- DON, Mr. GREENWOOD, Mr. GUNDER- ARD, Mr. ROTH, and Mr. POSHARD): mittee on the Judiciary. SON, Mr. HALL of Texas, Mr. HANSEN, H.J. Res. 6. Joint resolution proposing an H.J. Res. 20. Joint resolution proposing an Ms. HARMAN, Mr. HAYES, Mr. HEFLEY, amendment to the Constitution of the Unit- amendment to the Constitution of the Unit- Mr. HEFNER, Mr. HEINEMAN, Mr. ed States allowing an item veto in appropria- ed States to provide that appropriations HOEKSTRA, Mr. HORN, Mr. HOUGHTON, tions bills; to the Committee on the Judici- shall not exceed revenues of the United Mr. HOYER, Mr. INGLIS of South Caro- ary. States, except in time of war or national lina, Mr. JACOBS, Mr. JOHNSON of By Mr. ARCHER: emergency; to the Committee on the Judici- South Dakota, Mr. JOHNSTON of Flor- H.J. Res. 7. Joint resolution proposing a ary. ida, Mr. KIM, Mr. KLUG, Mr. balanced budget amendment to the Constitu- By Mr. ALLARD: KNOLLENBERG, Mrs. LINCOLN, Mr. tion of the United States; to the Committee H.J. Res. 21. Joint resolution proposing an LANTOS, Mr. LAUGHLIN, Mr. LAZIO, on the Judiciary. amendment to the Constitution of the Unit- Mr. LIGHTFOOT, Mr. LIPINSKI, Mr. By Mrs. FOWLER (for herself, Mr. ed States to provide for budgetary reform by MANZULLO, Mr. MARTINEZ, Ms. JONES, Mr. WELDON of Florida, Mr. requiring the reduction of the deficit, a bal- MCCARTHY, Mr. MCCOLLUM, Mr. CANADY, Mr. DEUTSCH, Mr. GOSS, Mr. anced Federal budget, and the repayment of MCCRERY, Mr. MCHALE, Mr. MCHUGH, MEEHAN, Mr. SMITH of Michigan, Mr. the national debt; to the Committee on the Mr. MEEHAN, Mrs. MEYERS of Kansas, GANSKE, Ms. DANNER, and Mr. HAN- Judiciary. Mr. MINGE, Ms. MOLINARI, Mr. MONT- COCK): By Mr. VOLKMER: GOMERY, Mr. MOORHEAD, Mr. ORTIZ, H.J. Res. 8. Joint resolution proposing an H.J. Res. 22. Joint resolution proposing an Mr. PALLONE, Mr. PARKER, Mr. amendment to the Constitution of the Unit- amendment to the Constitution of the Unit- PAXON, Mr. PETERSON of Minnesota, ed States to limit the terms of office for ed States to require a balanced budget; to Mr. PETERSON of Florida, Mr. Representatives and Senators in Congress; to the Committee on the Judiciary. PORTMAN, Mr. POSHARD, Ms. PRYCE, the Committee on the Judiciary. H.J. Res. 23. Joint resolution proposing an Mr. QUILLEN, Mr. QUINN, Mr. REGULA, By Mr. SOLOMON: amendment to the Constitution of the Unit- Mr. ROBERTS, Mr. ROEMER, Mr. ROSE, H.J. Res. 9. Joint resolution proposing an ed States with respect to the right to life; to Mrs. ROUKEMA, Mr. ROYCE, Mr. SAN- amendment to the Constitution to require the Committee on the Judiciary. FORD, Mr. SENSENBRENNER, Mr. SISI- that congressional resolutions setting forth By Mr. COBLE: SKY, Mr. SKELTON, Mr. SMITH of New levels of total budget outlays and Federal H.J. Res. 24. Joint resolution proposing an Jersey, Mr. SPRATT, Mr. STEARNS, revenues must be agreed to by two-thirds amendment to the Constitution of the Unit- Mr. STUMP, Mr. TANNER, Mr. TAUZIN, vote of both Houses of the Congress if the ed States limiting the terms of offices of Mr. TAYLOR of Mississippi, Mr. level of outlays exceeds the level of reve- Members of Congress and increasing the TORRICELLI, Mr. TORKILDSEN, Mr. nues; to the Committee on the Judiciary. term of Representatives to 4 years; to the VOLKMER, Mrs. VUCANOVICH, Mr. H.J. Res. 10. Joint resolution proposing an Committee on the Judiciary. WALSH, Mr. WILSON, Mr. YOUNG of amendment to the Constitution of the Unit- By Mr. CRANE: Florida, and Mr. ANDREWS): ed States regarding school prayer; to the H.J. Res. 25. Joint resolution proposing an H.J. Res. 28. Joint resolution proposing an Committee on the Judiciary. amendment to the Constitution of the Unit- amendment to the Constitution to provide H 176 CONGRESSIONAL RECORD — HOUSE January 9, 1995 for a balanced budget for the U.S. Govern- ed States regarding Presidential election should maintain the use of English as a lan- ment and for greater accountability in the voting rights for residents of U.S. territories; guage common to all peoples; to the Com- enactment of tax legislation; to the Commit- to the Committee on the Judiciary. mittee on Economic and Educational Oppor- tee on the Judiciary. By Mr. STUMP (for himself and Mr. tunities. By Ms. FURSE: SOLOMON): By Mr. JACOBS: H.J. Res. 29. Joint resolution proposing an H.J. Res. 43. Joint resolution proposing an H. Con. Res. 7. Concurrent resolution ex- amendment to the Constitution of the Unit- amendment to the Constitution of the Unit- pressing the sense of the Congress that any ed States to limit terms of Representatives ed States allowing the President to veto any Federal agency that utilizes the Draize rab- and Senators; to the Committee on the Judi- item of appropriation or any provision in bit eye irritancy test should develop and ciary. any act or joint resolution containing an validate alternative ophthalmic testing pro- By Mr. JACOBS: item of appropriation; to the Committee on cedures that do not require the use of animal H.J. Res. 30. Joint resolution proposing an the Judiciary. test subjects; to the Committee on Com- amendment to the Constitution of the Unit- By Mr. STUMP: merce. ed States permitting the President to grant H.J. Res. 44. Joint resolution proposing an By Mr. PALLONE: a pardon to an individual only after such in- amendment to the Constitution of the Unit- H. Con. Res. 8. Concurrent resolution ex- dividual has been convicted; to the Commit- ed States to provide for 4 year terms for pressing the sense of the Congress relating to tee on the Judiciary. Members of the House of Representatives the slaughter of Greek civilians in H.J. Res. 31. Joint Resolution to amend the and to provide that Members may not serve Kalavryta, Greece, during the Second World Constitution of the United States to provide more than three terms; to the Committee on War; to the Committee on International Re- for balanced budgets and elimination of the the Judiciary. lations. Federal indebtedness; to the Committee on H.J. Res. 45. Joint resolution proposing a By Mr. PICKETT: the Judiciary. balanced budget amendment to the Constitu- H. Con. Res. 9. Concurrent resolution ex- H.J. Res. 32. Joint Resolution proposing an tion of the United States; to the Committee pressing the sense of the Congress that the amendment to the Constitution of the Unit- on the Judiciary. President should seek to negotiate a new ed States with respect to physical desecra- By Mr. ZIMMER: base rights agreement with the Government tion of the flag of the United States and ex- H.J. Res. 46. Joint resolution proposing an of Panama to permit the United States penditure of money to elect public officials; amendment to the Constitution of the Unit- Armed Forces to remain in Panama beyond to the Committee on the Judiciary. ed States to provide for a balanced budget December 31, 1999, and to permit the United H.J. Res. 33. Joint resolution for the relief for the U.S. Government and for greater ac- States to act independently to continue to of Alexander Vraciu; to the Committee on countability in the enactment of tax legisla- protect the Panama Canal; to the Committee National Security. tion and to allow an item veto of appropria- on International Relations. By Mr. MCCRERY: tion bills; to the Committee on the Judici- By Mrs. ROUKEMA; H.J. Res. 34. Joint resolution proposing an ary. H. Con. Res. 10. Concurrent resolution ex- amendment to the Constitution of the Unit- H.J. Res. 47. Joint resolution proposing an pressing the sense of the Congress that the ed States to limit the terms of office for amendment to the Constitution of the Unit- current Federal income tax deduction for in- Members of Congress; to the Committee on ed States allowing an item veto in appropria- terest paid on debt secured by a first or sec- the Judiciary. tions bills and an item veto on contract au- ond home should not be further restricted; to H.J. Res. 35. Joint resolution proposing an thority or taxation changes in any other bill; the Committee on Ways and Means. amendment to the Constitution of the Unit- to the Committee on the Judiciary. By Mr. SERRANO: ed States to provide that expenditures for a By Mr. COBLE: H. Con. Res. 11. Concurrent resolution ex- fiscal year shall neither exceed revenues for H. Con. Res. 2. Concurrent resolution ex- pressing the sense of the Congress regarding such fiscal year nor 19 per centum of the Na- pressing the sense of the Congress that re- the expression of self-determination by the tion’s gross national product for the last cal- tirement benefits for Members of Congress people of Puerto Rico; to the Committee on ender year ending before the beginning of should not be subject to cost-of-living ad- International Relations, and in addition to such fiscal year; to the Committee on the justments; to the Committee on Government the Committee on Resources, for a period to Judiciary. Reform and Oversight, and in addition to the be subsequently determined by the Speaker, By Mr. ORTON: Committee on House Oversight, for a period in each case for consideration of such provi- H.J. Res. 36. Joint resolution proposing an to be subsequently determined by the Speak- sions as fall within the jurisdiction of the amendment to the Constitution of the Unit- er, in each case for consideration of such pro- committee concerned. ed States relating to the election of the visions as fall within the jurisdiction of the By Mr. SOLOMON (for himself and Mr. President and Vice President; to the Com- committee concerned. LANTOS): mittee on the Judiciary. By Mrs. COLLINS of Illinois: H. Con. Res. 12. Concurrent resolution re- H.J. Res. 37. Joint resolution proposing an H. Con. Res. 3. Concurrent resolution ex- lating to the Republic of China’s (Taiwan) amendment to the Constitution of the Unit- pressing the sense of the Congress that the participation in the United Nations; to the ed States to provide for a balanced budget Office of Personnel Management should pro- Committee on International Relations. for the U.S. Government; to the Committee vide certain vocational rehabilitation serv- By Mr. BARRETT of Wisconsin (for on the Judiciary. ices in its administration of the Civil Service himself, Mr. KLUG, Mr. FRANK of H.J. Res. 38. Joint resolution proposing an Disability Retirement Program; to the Com- Massachusetts, Mr. PETRI, Ms. amendment to the Constitution of the Unit- mittee on Government Reform and Over- DANNER, Ms. WOOLSEY, Mr. CANADY, ed States to limit the terms of Representa- sight. Mr. PORTMAN, Mr. KLECZKA, Mr. tives and Senators, and to provide for a 4- By Mr. CRANE (for himself, Mr. SKAGGS, Mr. GOSS, Mr. SPRATT, Mr. year term for Representatives; to the Com- STUMP, Mr. SENSENBRENNER, Mr. SOL- BARTLETT of Maryland, and Mr. mittee on the Judiciary. OMON, Mr. SAXTON, Mr. BAKER of Lou- TORKILDSEN): By Mr. PETERSON of Minnesota: isiana, and Mr. BACHUS): H. Res. 15. Resolution requiring that travel H.J. Res. 39. Joint resolution proposing an H. Con. Res. 4. Concurrent resolution ex- awards that accrue by reason of official trav- amendment to the Constitution of the Unit- pressing the sense of the Congress that the el of a Member, officer, or employee of the ed States limiting the number of consecutive President should seek to negotiate a new House of Representatives be used only with years a person may serve in or be employed base rights agreement with the Government respect to official travel; to the Committee by the Government of the United States or of Panama to permit the United States on House Oversight. be employed to affect the policies and pro- Armed Forces to remain in Panama beyond By Mr. CAMP: grams of the Government of the United December 31, 1999, and to permit the United H. Res. 16. Resolution requiring that the States; to the Committee on the Judiciary. States to act independently to continue to upcoming audit of House financial records By Mr. PICKETT: protect the Panama Canal; to the Committee and administrative operations include a H.J. Res. 40. Joint resolution proposing an on International Relations. thorough examination of certain aspects of amendment to the Constitution of the Unit- By Mr. CRANE (for himself and Mr. official allowances for Members; to the Com- ed States to restrict annual deficits by limit- BARTLETT of Maryland): mittee on House Oversight. ing the public debt of the United States and H. Con. Res. 5. Concurrent resolution ex- By Mr. ENGEL: requiring a favorable vote of the people on pressing the sense of the Congress with re- H. Res. 17. Resolution expressing the sense any law to exceed such limits; to the Com- spect to the right of all Americans to keep of the House of Representatives that the mittee on the Judiciary. and bear arms in defense of life or liberty United States should seek a final and conclu- H.J. Res. 41. Joint resolution proposing an and in the pursuit of all other legitimate en- sive account of the whereabouts and defini- amendment to the Constitution of the Unit- deavors; to the Committee on the Judiciary. tive fate of Raoul Wallenberg; to the Com- ed States relative to the desecration of the By Mr. EMERSON: mittee on International Relations. American Flag; to the Committee on the Ju- H. Con. Res. 6. Concurrent resolution rec- By Mr. GOSS: diciary. ognizing the cultural importance of the H. Res. 18. Resolution requiring Members By Mr. SERRANO: many languages spoken in the United States of the House of Representatives to pay $600 H.J. Res. 42. Joint resolution proposing an and indicating the sense of the House (the from the official expenses allowance for each amendment to the Constitution of the Unit- Senate concurring) that the United States instance of extraneous matter printed in January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 177

that portion of the CONGRESSIONAL RECORD in each case for consideration of such provi- line, MA, on December 30, 1994; to the Com- entitled ‘‘Extensions of Remarks’’; to the sions as fall within the jurisdiction of the mittee on the Judiciary. Committee on House Oversight. committee concerned. By Mr. CLINGER: By Mr. JACOBS: H.R. 425. A bill to amend the Internal Rev- H. Res. 29. Resolution declaring the sense H. Res. 19. Resolution providing for enclos- enue Code of 1986, the Public Health Service of the House with respect to the National ing the galleries of the House of Representa- Act, and certain other acts to provide for an Performance Review’s recommendation to tives with a transparent and substantial ma- increase in the number of health profes- dismantle the railroad retirement system; to terial; to the Committee on House Oversight. sionals serving in rural areas; to the Com- the Committee on Ways and Means, and in By Mr. KANJORSKI (for himself, Mr. mittee on Ways and Means, and in addition addition to the Committee on Transpor- ORTON, and Mr. LAFALCE): to the Committees on Commerce, and Eco- tation and Infrastructure, for a period to be H. Res. 20. Resolution to enhance public nomic and Educational Opportunities, for a subsequently determined by the Speaker, in confidence in the U.S. Congress by amending period to be subsequently determined by the each case for consideration of such provi- the Rules of the House of Representatives to Speaker, in each case for consideration of sions as fall within the jurisdiction of the treat copyright royalties received by Mem- such provisions as fall within the jurisdic- committee concerned. bers, officers, and employees as honoraria; to tion of the committee concerned. By Mr. COMBEST (for himself, Mrs. the Committee on Rules. By Mr. COMBEST: KENNELLY, Mrs. JOHNSON of Connecti- By Mr. KING: H.R. 426. A bill to establish a National cut, Mrs. LOWEY, Mr. RAHALL, Mr. H. Res. 21. Resolution to establish a Select Committee on Telemedicine; to the Commit- SCHUMER, Mrs. MEEK of Florida, Mr. Committee on POW and MIA Affairs; to the tee on Commerce. BOUCHER, Mr. GOODLATTE, Mr. TOWNS, Committee on Rules. H.R. 427 A bill to amend title 23, United Mr. POMEROY, Mr. STUMP, Mr. By Mr. KLUG: States Code, to repeal provisions establish- WYDEN, Mr. PORTER, Mr. BUNNING, H. Res. 22. Resolution requiring that travel ing a national maximum speed limit; to the and Mr. PICKETT): awards from official travel of a Member, offi- Committee on Transportation and Infra- H. Res. 30. Resolution expressing the sense cer, or employee of the House of Representa- structure. of the House of Representatives that obste- tives be used only for official travel; to the By Mrs. MINK of Hawaii: trician-gynecologists should be designated as Committee on House Oversight. H.R. 428. A bill to provide for an extension primary care providers for women in Federal H. Res. 23. Resolution prohibiting the use of H–1 immigration status for certain non- laws relating to the provision of health care; of appropriated funds for the purchase of cer- immigrant nurses; to the Committee on the to the Committee on Commerce. tain calendars for the House of Representa- Judiciary. f tives; to the Committee on House Oversight. H.R. 429. A bill to authorize the Secretary H. Res. 24. Resolution requiring the appro- of the Interior to acquire certain interests in PRIVATE BILLS AND priate committees of the House to report leg- the Waihee Marsh and along the Waihee RESOLUTIONS islation to transfer certain functions of the Stream for inclusion in the Oahu National Government Printing Office, and for other Wildlife Refuge Complex; to the Committee Under clause 1 of rule XXII, private purposes; to the Committee on Rules. on Resources. bills and resolutions were introduced By Mr. ORTON (for himself, Mr. HAN- By Mr. TAUZIN: and severally referred as follows: SEN, and Mr. YOUNG of Alaska): H.R. 430. A bill to establish the National [Submitted January 4, 1995] H. Res. 25. Resolution requesting that the Dividend Plan by reforming the budget proc- Secretary of the Interior withdraw proposed ess, and by amending the Internal Revenue By Mr. DICKEY: regulations concerning right-of-way granted Code of 1986 to eliminate the double tax on H.R. 410. A bill for the relief of the estate under section 2477 of the revised statutes; to dividends, to allocate corporate income tax of Wallace B. Sawyer, Jr., to the Committee the Committee on Resources. revenues for payments to qualified reg- on the Judiciary. By Mr. SAXTON: istered voters, and for other purposes; to the By Mr. GOSS: H. Res. 26. Resolution amending the Rules Committee on Ways and Means, and in addi- H.R. 412. A bill to authorize the Secretary of the House of Representatives to require a tion to the Committee on Rules, for a period of Transportation to issue a certificate of three-fifths vote of the House on passage of to be subsequently determined by the Speak- documentation with appropriate endorse- any measure carrying an income tax rate in- er, in each case for consideration of such pro- ment for employment in the coastwise trade crease; to the Committee on Rules. visions as fall within the jurisdiction of the for the vessel Finesse; to the Committee on By Mr. SOLOMON: committee concerned. Transportation and Infrastructure. H. Res. 27. Resolution to authorize and di- By Mr. PALLONE (for himself and Mr. H.R. 413. A bill to authorize issuance of a rect the Committee on Appropriations to FRANKS of New Jersey): certificate of documentation with appro- create a new Subcommittee on Veterans; Af- H.R. 431. A bill to require States to con- priate endorsement for the vessel Smalley fairs; to the Committee on Rules. sider adopting mandatory, comprehensive, 6808 amphibious dredge; to the Committee on By Mr. STEARNS: statewide one-call notification systems to Transportation and Infrastructure. H. Res. 28. Resolution repealing rule XLIX protect natural gas and hazardous liquid H.R. 414. A bill to authorize issuance of a of the Rules of the House of Representatives pipelines and all other underground facilities certificate of documentation with appro- relating to the statutory limit on the public from being damaged by any excavations, and priate endorsement for the vessel REEL TOY; debt; to the Committee on Rules. for other purposes; to the Committee on to the Committee on Transportation and In- [Submitted January 5, 1995] Transportation and Infrastructure, and in frastructure. By Mr. CLINGER: addition to the Committee on Commerce, for By Mr. HAMILTON: H.R. 422. A bill to amend subtitle C of the a period to be subsequently determined by H.R. 415. A bill for the relief of Gerald Al- Solid Waste Disposal Act to require the prep- the Speaker, in each case for consideration bert Carriere; to the Committee on the Judi- aration of a community information state- of such provisions as fall within the jurisdic- ciary. ment for new hazardous waste treatment or tion of the committee concerned. By Mr. JACOBS: disposal facilities; to the Committee on H.R. 432. A bill to amend chapter 601 of H.R. 416. A bill for the relief of Sara Lou Commerce. title 49, United States Code, to improve nat- Hendricks; to the Committee on the Judici- H.R. 423. A bill to amend subtitle C of the ural gas and hazardous liquid pipeline safety, ary. Solid Waste Disposal Act to establish safety in response to the natural gas pipeline acci- By Mr. KANJORSKI (by request): zones around Federal prisons in which cer- dent in Edison NJ, and for other purposes; to H.R. 417. A bill for the relief of Charmaine tain facilities may not be permitted; to the the Committee on Transportation and Infra- Bieda; to the Committee on the Judiciary. Committee on Commerce. structure, and in addition to the Committee By Mr. STUPAK: H.R. 424. A bill to amend the Social Secu- on Commerce, for a period to be subse- H.R. 418. A bill for the relief of Arthur J. rity Act to require the Secretary of Health quently determined by the Speaker, in each Carron, Jr.; to the Committee on the Judici- and Human Services to equalize the labor case for consideration of such provisions as ary. and nonlabor portions of the standardized fall within the jurisdiction of the committee By Mr. TALENT: amounts used to determine the amount of concerned. H.R. 419. A bill for the relief of Benchmark payment made to rural and urban hospitals By Mr. ROYCE: Rail Group, Inc.; to the Committee on the under part A of the Medicare Program for H.J. Res. 48. Joint resolution entitled the Judiciary. the operating costs of inpatient hospital ‘‘Citizen’s Tax Protection Amendment,’’ pro- f services, to amend the Public Health Service posing an amendment to the Constitution of Act to improve the capacity of rural hos- the United States to prohibit retroactive EXECUTIVE COMMUNICATIONS, pitals to provide health services, and for taxation; to the Committee on the Judiciary. ETC. other purposes; to the Committee on Com- By Mr. MEEHAN (for himself, Mr. merce, and in addition to the Committees on FRANK of Massachusetts, Mrs. Under clause 2 of rule XXIV, execu- Ways and Means, the Judiciary, and Govern- SCHROEDER, and Mr. SCHUMER): tive communications were taken from ment Reform and Oversight, for a period to H. Con. Res. 13. Concurrent resolution con- the Speaker’s table and referred as fol- be subsequently determined by the Speaker, demning the violence committeed in Brook- lows: H 178 CONGRESSIONAL RECORD — HOUSE January 9, 1995 Submitted January 9, 1995 national police monitors in Haiti, pursuant 125. A letter from the Under Secretary of 99. A letter from the Architect of the Cap- to 22 U.S.C. 2261(a)(2); to the Committee on Defense for Acquisition and Technology, itol, transmitting the report of expenditures International Relations. transmitting the fiscal year 1994 report iden- of appropriations during the period April 1, 112. A letter from the Assistant Legal Ad- tifying a contract award pursuant to a waiv- 1994, through September 30, 1994, pursuant to visor for Treaty Affairs, Department of er of the prohibition on contracting with for- 40 U.S.C. 162b; to the Committee on Appro- State, transmitting copies of international eign entities unless such entities certify that priations. agreements, other than treaties, entered into they do not comply with the secondary Arab 100. A letter from the Director, Congres- by the United States, pursuant to 1 U.S.C. boycott of Israel; jointly, to the Committees sional Budget Office, transmitting CBO’s 112b(a); to the Committee on International on National Security and Appropriations. final sequestration report for fiscal year 1995, Relations. 126. A letter from the Secretary of Health pursuant to Public Law 101–508, section 113. A letter from the Executive Director, and Human Services, transmitting a report 13101(a) (104 Stat. 1388–587); to the Committee Japan-United States Friendship Commis- on the fiscal year 1993 Low Income Home En- on Appropriations. sion, transmitting the Commission’s annual ergy Assistance Program, pursuant to 42 101. A letter from the Director, Defense Se- report for fiscal year 1994, pursuant to 22 U.S.C. 8629(b); jointly, to the Committees on curity Assistance Agency, transmitting the U.S.C. 2904(b); to the Committee on Inter- Economic and Educational Opportunities President’s determination (93–45) concerning national Relations. and Commerce. 114. A letter from the General Counsel U.S. 127. A letter from the Secretary of Energy, defense articles, services, and military edu- Arms Control and Disarmament Agency, transmitting a study of a representative cation and training for Laos to support transmitting copies of the English and Rus- sample of light-duty alternative fuel vehicles projects associated with POW/MIA recovery sian texts of 11 implementing agreements ne- in Federal fleets, pursuant to 42 U.S.C. 6374c; efforts, pursuant to Public Law 102–391, sec- gotiated by the Joint Compliance and In- jointly, to the Committees Commerce and tion 575A(c); to the Committee on Appropria- spection Commission and 1 implementing Science. tions. agreement negotiated by the Special Ver- 128. A letter from the Comptroller General, 192. A letter from the Assistant Secretary ification Commission; to the Committee on General Accounting Office, transmitting for legislative Affairs, Department of State, International Relations. GAO’s audit of the Foundation’s statements transmitting Presidential determination (94– 115. A letter from the Assistant Secretary of financial position as of September 30, 1993, 6) concerning the assistance program for of State for Legislative Affairs, Department and December 31, 1992, and the related state- Independent States of the Former Soviet of State, transmitting the annual report for ments of revenues and expenses and changes Union, pursuant to Public Law 103–306, titles fiscal year 1993 on the Foreign Service Re- in fund balance, and cash flows for the years I–V; to the Committee on Appropriations. tirement and Disability System and the For- then ended, pursuant to Public Law 101–525, 103. A letter from the Comptroller, Office eign Service Pension System, pursuant to 31 section 8 (104 Stat. 2308); jointly, to the Com- of the Under Secretary of Defense, transmit- U.S.C. 9503(a)(1)(B); to the Committee on mittees on Government Reform and Over- ting a report of a violation of the Anti-Defi- Government Reform and Oversight. sight and Economic and Educational Oppor- ciency Act which occurred in the Depart- 116. A letter from the Human Resources tunities. ment of the Army, pursuant to 31 U.S.C. Manager, CoBank, transmitting the annual 129. A letter from the Comptroller General, 1517(b); to the Committee on Appropriations. report of the United States for CoBank—Na- General Accounting Office, transmitting the 104. A letter from the Comptroller, Office tional Bank for Cooperatives Trust Fund for results of the review of the audits of the Fed- of the Under Secretary of Defense, transmit- the year ending December 31, 1993, pursuant eral Financing Bank’s financial statements ting a report of a violation of the Anti-Defi- to 31 U.S.C. 9106(a); to the Committee on for the fiscal year ended September 30, 1993, ciency Act which occurred in the Office of Government Reform and Oversight. and 1992, pursuant to 31 U.S.C. 9106(a); joint- the Inspector General, pursuant to 31 U.S.C. 117. A letter from the Administrator, Gen- ly, to the Committees on Government Re- 1517(b); to the Committee on Appropriations. eral Services Administration, transmitting form and Oversight and Banking and Finan- 105. A letter from the Chairman, Federal the annual report under the Federal Man- cial Services. Deposit Insurance Corporation, transmitting agers’ Financial Integrity Act for fiscal year 130. A letter from the Director, Office of the annual report on enforcement actions for 1994, pursuant to 31 U.S.C. 3521(c)(3); to the Management and Budget, transmitting the 1993, pursuant to 12 U.S.C. 1833; to the Com- Committee on Government Reform and report on accounts containing unvouchered mittee on Banking and Financial Services. Oversight. expenditures potentially subject to audit by 106. A letter from the Assistant Attorney 118. A letter from the Executive Director, GAO, pursuant to 31 U.S.C. 3524(b); jointly, General for Legislative Affairs, Department Neighborhood Reinvestment Corporation; to the Committees on Appropriations, Gov- of Justice; transmitting the annual report of transmitting the 1994 annual report in com- ernment Reform and Oversight, and the the Office of Juvenile Justice and Delin- pliance with the Inspector General Act Budget. quency Prevention for fiscal year 1993, pursu- Amendments of 1988, pursuant to Public Law 131. A letter from the Secretary, Depart- ant to 42 U.S.C. 5617; to the Committee on 95–452, section 5(b) (102 Stat. 2526); to the ment of the Treasury, transmitting the 1994 Economic and Educational Opportunities. Committee on Government Reform and report on foreign treatment of U.S. financial 107. A letter from the Secretary of Energy, Oversight. institutions, pursuant to 22 U.S.C. 5352; transmitting the quarterly report on the 119. A letter from the Commissioner, Bu- jointly, to the Committees on Banking and Strategic Petroleum Reserve for the third reau of Reclamation, Department of the In- Financial Services, Commerce, International quarter of 1994, pursuant to 42 U.S.C. 6245(a); terior, transmitting a report on the neces- Relations, and Ways and Means. to the Committee on Commerce. sity to construct modifications to Rye Patch 108. A letter from the Administrator, Dam, Humboldt Project, NV, in order to pre- f Health Care Financing Administration, serve its structural safety, pursuant to 43 PUBLIC BILLS AND RESOLUTIONS transmitting a report entitled ‘‘Rural Health U.S.C. 509; to the Committee on Resources. Care Transition Grant Program’’, pursuant 120. A letter from the Clerk, U.S. Court of Under clause 5 of rule X and clause 4 to 42 U.S.C. 1395ww note; to the Committee Federal Court, transmitting the court’s re- of rule XXII, public bills and resolu- on Commerce. port for the year ended September 30, 1994, tions were introduced and severally re- 109. A letter from the Chairman, Nuclear pursuant to 28 U.S.C. 791(c); to the Commit- ferred as follows: Regulatory Commission, transmitting a re- tee on the Judiciary. port on abnormal occurrences at licensed nu- 21. A letter from the Administrator, Envi- [Submitted January 9, 1995] clear facilities for the second quarter of cal- ronmental Protection Agency, transmitting By Mr. BERMAN (for himself, Mr. endar year 1994, pursuant to 42 U.S.C. 5848; to the annual report for the Superfund Innova- MCKEEN, Mr. BEILENSON, Mr. WAX- the Committee on Commerce. tive Technology Evaluation Program; to the MAN, Mr. MOORHEAD, and Mr. DIXON): 110. A letter from the Assistant Secretary Committee on Science. H.R. 433. A bill to amend the Internal Rev- for Legislative Affairs, Department of State, 122. A letter from the Secretary, Depart- enue Code of 1986 to allow the casualty loss transmitting the semi-annual reports on vol- ment of Labor, transmitting a report on the deduction for disaster losses without regard untary contributions by the United States to labor market situation for certain disabled to the 10-percent adjusted gross income international organizations for the period veterans and Vietnam theater veterans, pur- floor; to the Committee on Ways and Means. October 1, 1993, through March 31, 1994, pur- suant to 38 U.S.C. 2010A; to the Committee By Mr. CONDIT: suant to 22 U.S.C. 2226(b)(1); to the Commit- on Veterans’ Affairs. H.R. 434. A bill to amend title 39, United tee on International Relations. 123. A letter from the Secretary of Veter- States Code, to prevent the U.S. Postal Serv- 111. A letter from the Assistant Secretary ans Affairs, transmitting a report on the ice from disclosing the names or addresses of for Legislative Affairs, Department of State, Montgomery GI Bill, pursuant to 38 USC any postal patrons or other persons, except transmitting a copy of the Secretary’s deter- 3036; to the Committee on Veterans’ Affairs. under certain conditions; to the Committee mination and justification to exercise the 124. A letter from the Legislative Liaison, on Government Reform and Oversight. authority granted him under section 451 of Department of the Air Force, transmitting a H.R. 435. A bill to establish a code of fair the Foreign Assistance Act of 1961, as report on Air Force civilian manpower re- information practices for health informa- amended, authorizing the use in fiscal year ductions; jointly, to the Committees on Na- tion, to amend section 552a of title 5, United 1995 funds for assistance to the Multi- tional Security and Government Reform and States Code, and for other purposes; to the national Coalition Force, including inter- Oversight. Committee on Commerce, and in addition to January 9, 1995 CONGRESSIONAL RECORD — HOUSE H 179 the Committees on Government Reform and By Mr. SKELTON (for himself and Mr. to the Committee on Transportation and In- Oversight, and the Judiciary, for a period to EMERSON): frastructure. be subsequently determined by the Speaker, H.R. 445. A bill to name the nuclear-pow- H.R. 456. A bill to direct the Secretary of in each case for consideration of such provi- ered aircraft carrier designated as CVN–76; Transportation to study methods to reduce sions as fall within the jurisdiction of the the U.S.S. Harry S Truman; to the Committee accidents on Federal-aid highways caused by committee concerned. on National Security. drivers falling asleep while operating certain By Mr. EWING (for himself and Ms. By Mr. STARK (for himself Mrs. commercial motor vehicles; to the Commit- DANNER): MORELLA, Mr. MATSUI, and Mr. tee on Transportation and Infrastructure. H.R. 436. A bill to require the head of any COYNE): H.R. 457. A bill to authorize the Secretary Federal agency to differentiate between fats, H.R. 446. A bill to prohibit States from re- of the Army to provide technical assistance oils, and greases of animal, marine, or vege- quiring parents or legal guardians to trans- to local interests for planning the establish- table origin, and other oils and greases, in is- fer legal custody of their children for the ment of a regional water authority in north- suing certain regulations, and for other pur- sole purpose of obtaining public service for eastern Ohio; to the Committee on Transpor- poses; to the Committee on Commerce, and such children; to the Committee on Ways tation and Infrastructure. in addition to the Committee on Agriculture, and Means, and in addition to the Committee By Mr. UPTON: for a period to be subsequently determined on Commerce, for a period to be subse- H.R. 458. A bill to amend the formula for by the Speaker, in each case for consider- quently determined by the Speaker, in each determining the official mail allowance for ation of such provisions as fall within the ju- case for consideration of such provisions as risdiction of the committee concerned. fall within the jurisdiction of the committee Members, and for other purposes; to the By Mr. HASTINGS of Florida: concerned. Committee on House Oversight. H.R. 437. A bill to amend title 18, United By Mr. TRAFICANT: H.R. 459. A bill to amend section 207 of title States Code, to modify the limitation on H.R. 447. A bill to establish a toll free num- 18, United States Code, to prohibit Members mandatory minimum sentences; to the Com- ber in the Department of Commerce to assist of Congress after leaving office from rep- mittee on the Judiciary. consumers in determining if products are resenting foreign governments before the By Mr. HAYES (for himself and Mr. American-made; to the Committee on Com- U.S. Government; to the Committee on the MCCRERY): merce. Judiciary. H.R. 438. A bill to amend the Internal Rev- H.R. 448. A bill to amend the Federal Food, H.R. 460. A bill to provide for the granting enue Code of 1986 to deny the earned income Drug, and Cosmetic Act and the Public of asylum in the United States to nationals credit to illegal aliens and to prevent fraudu- Health Service Act with respect to of Laos, Vietnam, Cambodia, and Burma who lent claims for the earned income credit; to myelogram-related arachnoiditis; to the assist in the return to the United States of the Committee on Ways and Means. Committee on Commerce. living Vietnam POW/MIA’s and to provide H.R. 439. A bill to promote portability of H.R. 449. A bill to amend the Public Health for the granting of asylum in the United health insurance by limiting discrimination Service Act with respect to increasing the States to nationals of North Korea, South in health coverage based on health status or number of health professionals who practice Korea, and China who assist in the return to past claims experience; to the Committee on in the United States in a field of primary the United States of living Korean POW/ Commerce, and in addition to the Committee health care; to the Committee on Commerce. MIA’s; to the Committee on the Judiciary. on Economic and Educational Opportunities, By Mr. DELAY (for himself, Mr. By Mr. WOLF (for himself, Mr. MORAN, for a period to be subsequently determined MCINTOSH, Mr. SMITH of Texas, Mr. and Mr. DAVIS): by the Speaker, in each case for consider- BONILLA, Mr. HASTERT, Mr. BOEHNER, H.R. 461. A bill to close the Lorton Correc- ation of such provisions as fall within the ju- Mr. MICA, Mr. MILLER of Florida, Mr. tional Complex, to prohibit the incarcer- risdiction of the committee concerned. HUTCHINSON, Mr. DOOLITTLE, Mr. ation of individuals convicted of felonies By Mr. HERGER: POMBO, Mr. TALENT, Mr. ZELIFF, Mrs. under the laws of the District of Columbia in H.R. 440. A bill to provide for the convey- CUBIN, Mr. HEFLEY, Mr. facilities of the District of Columbia Depart- ance of lands to certain individuals in Butte SCARBOROUGH, Mr. SHADEGG, Mr. ment of Corrections, and for other purposes; County, CA; to the Committee on Resources. SOUDER, Mr. LONGLEY, Mr. TATE, Mr. to the Committee on Government Reform By Mr. LIGHTFOOT: WAMP, Mr. STOCKMAN, Mr. WELLER, and Oversight, and in addition to the Com- H.R. 441. A bill to amend the Internal Rev- Mrs. MYRICK, Mr. HAYWORTH, Mr. mittee on the Judiciary, for a period to be enue Code of 1986 to provide a one-time ex- EHRLICH, Mrs. SEASTRAND, Mr. subsequently determined by the Speaker, in clusion of gain from the sale of farmland to CHABOT, Mr. FOX, Mr. BARR, Mrs. each case for consideration of such provi- a beginning farmer; to the Committee on SMITH of Washington, Mr. BLILEY, sions as fall within the jurisdiction of the Ways and Means. and Mr. EWING): committee concerned. By Mrs. MEYERS of Kansas (for her- H.R. 450. A bill to ensure economy and effi- By Mr. WISE (for himself, Mr. self, Mr. SKELTON, Mr. SANDERS, Mr. ciency of Federal Government operations by POMEROY, Mr. SAWYER, Mr. FOGLI- SPENCE, Mr. DICKEY, Mr. CHABOT, Mr. establishing a moratorium on regulatory ETTA, Ms. FURSE, and Ms. ESHOO): FORBES, Mr. GREENWOOD, Mr. TAN- rulemaking actions, and for other purposes; H.J. Res. 49. Joint resolution proposing an NER, Mr. SHAYS, Ms. HARMAN, Mr. to the Committee on Government Reform amendment to the Constitution to provide OXLEY, Mr. KNOLLENBERG, Mr. BAKER and Oversight, and in addition to the Com- for a balanced budget for the U.S. Govern- of California, Mr. HASTERT, Mr. mittee on the Judiciary, for a period to be ment; to the Committee on the Judiciary. STUMP, Mr. ROBERTS, Mr. POMEROY, subsequently determined by the Speaker, in By Mr. FAZIO: Mr. BURTON of Indiana, Mr. FOX, Mr. each case for consideration of such provi- H. Res. 31. Resolution designating minor- BARCIA of Michigan, Mr. COX, Mr. sions as fall within the jurisdiction of the ity membership on certain standing commit- KOLBE, Mr. GILLMOR, Mr. EWING, Mr. committee concerned. RICHARDSON, Ms. DANNER, Mr. BAKER By Mr. TRAFICANT: tees of the House; considered and agreed to. of Louisiana, Mr. BEREUTER, Mr. H.R. 451. A bill to amend the independent f BOEHLERT, Mrs. SCHROEDER, Mr. counsel provisions of title 28, United States BONILLA, Mr. LEACH, and Mr. Code, to authorize the appointment of an COBURN): independent counsel when the Attorney Gen- ADDITIONAL SPONSORS H.R. 442. A bill to amend the Internal Rev- eral determines that Department of Justice Under clause 4 of rule XXII, sponsors enue Code of 1986 to retroactively restore attorneys have engaged in certain conduct; were added to public bills and resolu- and make permanent the limited deduction to the Committee on the Judiciary. for the health insurance costs of self-em- H.R. 452. A bill to strengthen the Foreign tions as follows: ployed individuals; to the Committee on Agents Registration Act of 1938, as amended; [Submitted January 9, 1995] Ways and Means. to the Committee on the Judiciary. By Mr. REGULA: H.R. 453. A bill to provide for an additional H.R. 24: Mr. SAXTON. H.R. 443. A bill to provide for the retention temporary and permanent district court H.R. 77: Mr. GUNDERSON and Mr. DAVIS. of the name of Mount McKinley; to the Com- judgeship for the northern district of Ohio; H.R. 78: Mr. PETE GEREN of Texas. mittee on Resources. to the Committee on the Judiciary. H.R. 95: Mr. SANDERS, Ms. EDDIE BERNICE By Mr. SCHUMER (for himself, Mr. H.R. 454. A bill to direct the Secretary of JOHNSON of Texas, Mr. MCHUGH, Ms. FURSE, SHAYS, Ms. SLAUGHTER, Mrs. ROU- Transportation to complete construction of Mr. LAFALCE, Mr. SCHIFF, Mr. ENGEL, Ms. KEMA, Mr. MARKEY, and Mr. the Hubbard Expressway in the vicinity of MCCARTHY, Mr. SCOTT, Ms. DELAURO, and DEUTSCH): Youngstown, OH; to the Committee on Mr. JACOBS. H.R. 444. A bill to amend title 18, United Transportation and Infrastructure. H.R. 127: Mr. NEAL. States Code, to regulate the manufacture, H.R. 455. A bill to authorize the Secretary H.R. 218: Ms. MOLINARI. importation, and sale of any projectile that of the Army to carry out a 5-year demonstra- H.R. 359: Mr. DIXON, Mr. WOLF, Mr. may be used in a handgun and is capable of tion program to determine the effectiveness CRAMER, Mr. STUMP, Mr. DREIER, Mr. JACOBS, penetrating police body armor; to the Com- of technology to remedy contaminated sedi- and Mr. COBURN. mittee on the Judiciary. ments in river beds, and for other purposes; H.R. 393: Mr. ZIMMER. 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, MONDAY, JANUARY 9, 1995 No. 4 Senate

The Senate met at 2 p.m. and was Give us, as a nation, we pray, the Mr. LOTT addressed the Chair. called to order by the President pro freedom that comes through Your The PRESIDENT pro tempore. The tempore [Mr. THURMOND]. truth, and use even our actions here acting majority leader is recognized. The PRESIDENT pro tempore. To- this day to that end for Jesus’ sake. day’s prayer will be offered by a Guest Amen. f Chaplain, the Reverend Dr. Mark E. f Dever, pastor of the Capitol Hill Bap- SCHEDULE tist Church, Washington, DC. RECOGNITION OF THE ACTING Mr. LOTT. Following the time for MAJORITY LEADER the two leaders, there will be a period for the transaction of morning business PRAYER The PRESIDENT pro tempore. The acting majority leader is recognized. not to exceed 90 minutes, with Sen- The guest chaplain, the Reverend Dr. Mr. LOTT. I yield such time as he ators permitted to speak for not more Mark E. Dever, pastor of the Capitol may consume to the distinguished Sen- than 10 minutes each. Following morn- Hill Baptist Church, offered the follow- ator from Oregon from the leader time. ing business, the Senate will resume ing prayer: The PRESIDENT pro tempore. The consideration of S. 2, the congressional Let us pray: Senator from the State of Oregon [Mr. coverage bill. Under the consent agree- O God of all truth, we begin this day HATFIELD] is recognized. ment reached on Friday, there is a lim- asking for Your help, for those working f ited list of amendments in order to the in this place, for all those in authority bill, and all amendments must be dis- in this Capital City, and around this TRIBUTE TO REVEREND MARK posed of by the close of business Tues- Nation. We come to You out of habit DEVER day, with the exception of an amend- and custom, O Lord, yes, but we—every Mr. HATFIELD. I thank the acting ment to be offered by the Senator from one of us who come in sincerity—we majority leader. Nevada [Mr. BRYAN]. come to You also out of a sense of our Mr. President, I want to use this oc- Mr. President, there will be no roll- need, and of Your plenty. We confess, casion to give a statement of apprecia- call votes during today’s session of the Lord, that too often we find in our- tion to the Reverend Mark Dever, who Senate. selves the darkness of ignorance, the has opened the Senate today with pray- sickness of greed, the loneliness of er and will do so each day this week, as f pride. O Lord, for Your glory, and be- our Chaplain Halverson is on a week’s cause we acknowledge that we cannot vacation. RESERVATION OF LEADER TIME do it without Your aid, take from us Mr. President, Reverend Dever is one Mr. LOTT. Mr. President, under a our darkness, our sickness, our loneli- of the younger breed of ministers that prior agreement, I now reserve the ness. Replace our pride with Your di- has blessed our spiritual world in pro- leader time remaining on both sides of vine humility. Replace our greed with viding not only leadership in the pul- the aisle. Your giving. Replace our ignorance pit, but he also has an extraordinary Mr. COCHRAN addressed the Chair. with Your truth, we pray. educational background, a Ph.D. from The PRESIDENT pro tempore. The In this place where so many would Cambridge, and has recently come to distinguished Senator from Mississippi seek to bind wills and votes in their the Capitol Hill Baptist Church, which is recognized. knowledge of a part of the truth, we is the church of my membership, to pray that You would, in Your mercy, take over as pastor. It is an old church f supply those gathered for business here here in the city and one which has, like today with all the truth they need to many cities, found an older population ATTRACTING GOOD TEACHERS TO do the work You have committed into and is in the process of rebuilding that OUR CLASSROOMS their hands. Teach them how, we pray, church with younger people. He has al- Mr. COCHRAN. Mr. President, this in the frustrations of committees and ready attracted the interest of many past Saturday I read in the New York compromises, in the honest uncertain- people because of his extraordinary, ex- Times an interesting editorial dealing ties of ever-changing challenges, teach pository preaching. with the challenge of attracting good them how to secure the blessings of lib- So I am happy and proud to be able teachers into the Nation’s classrooms, erty to ourselves and to our posterity, to ask him, on behalf of the majority and the importance of having well- and to help to extend those freedoms leader, to fill this role here in the Sen- qualified, well-trained, and excellent around Your world. ate each day for this coming week. teachers.

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

S 609 S 610 CONGRESSIONAL RECORD — SENATE January 9, 1995 There can be no greater challenge to to support or reward teachers who seek na- through the decades, it becomes more us today than improving our education tional board certification. Others should fol- and more difficult to change. system throughout the country. It low suit. If stronger teaching is the most im- These constituencies and the Govern- struck me as I read the editorial that portant element in improving schools—and most educators believe it is—then the cer- ment stubbornly fight to protect their this calls the attention of all of us to tification process is certain to give a huge piece of the Federal funding pie. Fed- the fact that no matter what kind of boost to the effort to give American school- eral programs do not die; they do not programs we have, how much money children a better deal than they now receive. even fade away. They grow and grow. we spend, what kind of national goals f As the Federal Government has we adopt and try to implement, if we grown, the American people have MORNING BUSINESS do not have good, qualified, conscien- grown increasingly disenfranchised. tious, and committed teachers in the The PRESIDENT pro tempore. Under Not only do Americans distrust their classrooms of the schools of America, the previous order, there will now be a Government, but many do not even we are not going to have a good edu- period for the transaction of morning bother to vote because they do not be- cation system. They are the corner- business for not to exceed 90 minutes, lieve their vote can help effect change. stone of our education system in Amer- with Senators permitted to speak I suppose that is because in past elec- ica. therein for not to exceed 10 minutes tions, change has not come about and Mr. President, I ask unanimous con- each. sent that a copy of the New York the direction the country has remained Mr. THOMAS addressed the Chair. much the same. We cannot repeat that Times editorial of Saturday to which I The PRESIDENT pro tempore. The mistake. refer be printed in the RECORD. distinguished Senator from Wyoming The first lesson we must learn is that There being no objection, the article [Mr. THOMAS] is recognized. we cannot continue to do the same was ordered to be printed in the f RECORD, as follows: things, to follow the same procedures, [From the New York Times, Jan. 7, 1995] A HISTORIC OPPORTUNITY FOR and expect different results. If we want A NATIONAL REWARD FOR GOOD TEACHERS CHANGE to change the direction this country is Ever since the mid-1980’s, when a series of Mr. THOMAS. Mr. President, it is moving, then we have to make proce- landmark studies called for drastic changes with a great deal of pride and humility dural changes in the Government. in the nation’s schools, American educators that I rise today as Wyoming’s newest Many argue that we do not need a have been seeking ways to raise teaching Senator. It is a great honor, of course, balanced budget amendment, that we standards. That effort bore its first fruit this to be here. I take the floor to speak simply ought to balance the budget. week when 81 gifted teachers were awarded Let me suggest to you that for 40 years national teaching certification at a cere- about a matter which is of great con- mony in Washington. cern to me and all of us, and that is the that has not worked. Indeed, in my The ceremony may turn out to be a pivotal future of this country. We have a his- opinion, there does need to be a change moment in the history of American edu- toric opportunity to make real changes in procedure and there does need to be cation. Many educators hope that the 81 re- in the way the Federal Government op- some discipline that causes us to have cipients will be the first small vanguard of a erates and in how the American people a balanced budget. new generation of highly qualified teachers perceive their Government. It seems to We have made a good start. We will who, in turn, will nourish better schools and better students. me that we either move boldly forward pass a measure that causes Congress to Until Thursday, no teacher possessed a na- with the changes demanded by the live under the same laws that it man- tional certificate. Public school teachers are electorate last November 8, or we dated for others. Next week, we will certified by states and localities. One hope is squander the only real, true chance of move to eliminate unfunded Federal that recipients will be able to move from restoring the American people’s con- mandates. We need to pass a balanced state to state without facing recertification. fidence in their Government. budget amendment and give the Presi- Another is that states and localities will re- The true test of government, it seems dent line-item-veto authority. As we ward certificate-holders with higher pay, to me, is how responsive it is to the thus offering an incentive to other teachers. demand a smaller Federal Government, But the real value of the certificate may will of the voters. Mr. President, as I we need to lead by example and reduce have been identified by Arthur Levine, the traveled Wyoming these last few the congressional bureaucracy. president of Teachers College at Columbia months and talked to the folks from The American people support these University. These first awards, he said, ‘‘pro- Cheyenne to Cody, I heard a recurring changes. They will go a long way to- vide some sense that around the country theme from my constituents. Over and there is some agreement on what makes for ward building the base from which to over, they told me to get Government bring fundamental change to every sec- a good teacher.’’ out of their lives, to restore fiscal re- The certificates grew out of a report called tor of the Government. sponsibility to Washington, and above ‘‘A Nation Prepared: Teachers for the 21st Mr. President, there will be many im- all else, to put an end to business as Century,’’ which led to the creation of a Na- portant issues debated on the floor of usual. tional Board for Professional Teaching the Senate over the next 2 years. Some Standards in 1987. The idea was to raise Judging by the results of the last of my priorities include health care re- standards for teachers and elevate their sta- election, it was a common message form, tax reduction, welfare reform, tus, treating them more like doctors and throughout the country. There should other professionals. be no doubt about the message sent to and reducing the growth of Federal The board then set about creating a licens- ownership of public lands, to name just ing system. The heart of the system is an ex- Washington last November, and that was we need less government, less ex- a few. But no issue is as important as haustive series of tests aimed at finding out the structural changes I mentioned how teachers teach and evaluating their ef- pensive government. People are tired fectiveness. of the status quo, and they want earlier. A group of 539 volunteers has now com- changes in how Government operates. Without significant change in the pleted tests for English-language specialists way the Congress and the Federal Gov- and generalists who teach early adolescents. ernment operates, other important The 81 winners came from the generally/ Unfortunately, as we all know, gov- changes in policy will be difficult. The early adolescent category, and more are ernment in modern times has become American people will be watching scheduled to follow among the English closely to see if we respond to their cry teachers. increasingly resistant to change. As I The volunteers submitted portfolios of read history, it is not unusual for vot- for change. I certainly heard that mes- their work—videotapes of classroom tech- ers to call for change. They did so sage in Wyoming loud and clear. I hope niques, examples of their students’ work, ref- about every generation in the 1800’s up that this time, Washington is listening, erences from colleagues and written self-as- into the 1900’s, until about 1930 when as well. sessments. They were also tested on subject the Federal Government began to get Mr. President, I suggest the absence matter and teaching techniques. Partici- much larger. As it has become a more of a quorum. pants found that the rigorous assessment process was itself an exercise in professional and more pervasive part of our lives, to The PRESIDENT pro tempore. The growth. where it is now, with the size of the clerk will call the roll. Preparing for the test costs money. At Federal Government plus the outside The legislative clerk proceeded to least eight states have already taken action bureaucracies that have been built up call the roll. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 611 Mr. JOHNSTON. Mr. President, I ask There are rhythms and tides and sea- I look back and see a number of uni- unanimous consent that the order for sons in life. I have been fortunate in versities that today, tomorrow, and in the quorum be rescinded. my life to sense the rhythm and sail it the future will be doing research in The PRESIDENT pro tempore. With- full tide, and now I believe that the science projects which will benefit not out objection, it is so ordered. season for a new beginning approaches. only this generation but generations to f As my colleague Russell Long used to come because of the wisdom of my sen- say, ‘‘It is important to retire as a ior Senator in seeing that Federal dol- LIFETIME DREAM REALIZED champ and to leave the stage when the lars were wisely spent in those areas. Mr. JOHNSTON. Mr. President, 40 crowd still likes your singing.’’ I look back and see the very essence years ago, when my wife, Mary, and I I make this announcement now for of our State of Louisiana through his were students at LSU, we discussed my two reasons. First, to allow me to de- efforts in wetlands restoration and dream of some day serving in the U.S. vote my full time and attention to wetlands protection that literally fu- Senate. what will be a very active and, I hope, ture generations will have a State to I am one of those few fortunate productive 2 years, and, second, to live in and to enjoy because of his human beings who have seen his allow time for my would-be successors great efforts today and yesterday in de- dreams fulfilled in the fullest and most to make their plans and to conduct vising Federal programs to help those satisfying sense. This year, 1995, marks their campaigns. wetlands remain a part of our great my 31st consecutive year in elective of- Who will succeed me? I do not now State. fice. Over 22 of those years have been in have a candidate, but I want my suc- Indeed, his services will stand as a this most noble and hallowed institu- cessor to share some deeply held views tion. monument to all those young men and of mine: that politics and public serv- women who today perhaps are a little James MacGregor Burns says that ice are synonymous; that the pursuit of turned off by the concept of public the measure of a man is not the honors public office is a high calling—in our service, who think that somehow if you he has received, but the difference he society, it is the best opportunity for are there, you are not doing the work has made by his service. helping your State, your country, and of the average citizen. BENNETT JOHN- Mr. President, I believe that, work- your fellow man; that the Senate, with STON’s effort has always been to help ing with my colleagues and a wonderful its faults and criticisms, remains a bul- staff, we have made a difference for wark of our democracy and a hallowed people in our State to live a better life Louisiana. When I first started work- institution. I will stand up for it, will and to have a better future. So I think ing on the North-South Highway for not bash it and will defend it against that his service will stand as a monu- Louisiana, the trip was bumpy, dan- those who do. Years 1995 and 1996 will ment and an incentive to encourage gerous, and slow. Today, Interstate 49 be an exciting 2 years, and after that I other young people, men and women, competes for motor freight shipments look forward to a new life and new to become involved in public service with a brand new Red River navigation challenges, doing what I do not know because public service is epitomized by system. We have improved our ports, except that it will not be retirement. his career, and he still has 2 very im- dredged our rivers and harbors and Mr. President, I love the State of portant years remaining. built levees to control our flooding. By Louisiana. Its people have bestowed Public service is more than just Federal statute, we have set aside over upon me honor and power and a rare being a critic. It is more than just $600 million in a so-called 8(g) fund for privilege. For that, I, my wife, and my being someone who complains about education, and we have built research family are profoundly grateful. the status quo. Public service, as BEN- facilities and secured research funds The PRESIDING OFFICER (Mr. NETT JOHNSTON has carried it out, is for all our institutions of higher learn- THOMAS). The Senator from Louisiana. public service that means helping to ing in Louisiana. By Federal law, we solve problems and helping to con- SENATOR BENNETT JOHNSTON’S EXEMPLARY have created nine wildlife refuges, with struct things that help people and to SERVICE TO THE SENATE more than 100,000 acres of protected do things in a very positive sense. In Mr. BREAUX. Mr. President, we have land, and three national parks that his service in the Senate—and it has just heard a very profound and a very now receive over 1 million visitors a been my privilege to be his junior col- significant statement by the senior year. league for so long—he will always be Senator from my State of Louisiana, I am proud of these accomplish- remembered as a doer and a person who ments, but I am most proud of what very significant in what it means to my State of Louisiana, significant in believed in this institution and who be- they will mean for the young people of lieved in making things happen for the our State. what it means to this Senate by his an- nouncement—very profound, indeed, good of all of us. His service will be a Mr. President, it has been my privi- shining monument of that type of atti- lege to serve on the Energy Committee because of what it says about an indi- vidual and what his priorities are and tude, of what public service is all for 22 years, 8 of those as chairman, about. and to have a hand in every major what he thinks public service is all about. I congratulate him and his family for piece of legislation which has been what I know must have been a difficult passed from that committee during When our State looks back over the decision, but I applaud him for having those years, from deregulation of natu- long history of service by my col- the courage to make it and to serve ral gas to the National Energy Policy league, people will remember a number with all of us over these years in such Act. We have pushed free markets, free of tremendous contributions and con- an exemplary fashion. It gives us a lot trade and free enterprise. We have tributions yet to be made in the last 2 fought for the poor, for the disadvan- years of his term in the Senate. I look after which to pattern our lives and ca- taged, and for our senior citizens. back and remember the David Duke reers. These 22 years have been successful campaign and a BENNETT JOHNSTON The PRESIDING OFFICER. The Sen- and satisfying. I have simply loved it. who stopped him in his tracks. I look ator from Oregon. But now, Mr. President, I must decide at projects throughout our State of f whether to continue Senate service or Louisiana: The Red River project, to depart in 2 years at the end of this which would clearly not be there ex- ANNOUNCEMENT OF RETIREMENT OF BENNETT term. Much argues for continued serv- cept for his strong commitment and JOHNSTON ice. I love the Senate and I love to leg- never-ending determination to see it Mr. HATFIELD. Mr. President, on islate. I am in superb health and have started and completed, and it will be occasions of this kind, we are prone to abundant energy, and reelection, because of his effort. I look back and look back and think historically as though never assured, seems highly see ideas like risk assessment, which is well as to absorb the magnitude of the likely. a very popular idea in 1995, that my statement of the moment given by my Nevertheless, Mr. President, I am colleague championed even before it good friend, Senator BENNETT JOHN- today announcing that I will terminate was an idea in most of our minds. It is STON, from Louisiana. my Senate service at the end of this now on its way to being the law of the When I came to the Senate, I had the term. I will not seek reelection in 1996. land. privilege of serving with Allen Ellender S 612 CONGRESSIONAL RECORD — SENATE January 9, 1995 and Senator Russell Long, who rep- has chaired a Codel and is called upon Until a time I can reflect on it at resented the State of Louisiana at that to respond to the head of state, to the length and really go over some of the particular time in 1967. prime minister or the president or the historical accomplishments he has Mr. President, I must say that the foreign minister—whoever might be been so involved in, I remember very strength of those two leaders at that hosting us at the moment—on any for- well when he got elected to the U.S. time certainly has been carried on in eign policy, he can respond with grace Senate because I got elected the same the tradition of Louisiana voters and and with, again, a manner in which we time. the subsequent Senators, including all take pride of being Americans and With one exception, we have seen eye Senator BENNETT JOHNSTON and his col- being his associate and colleague on to eye on virtually everything since we league today who serves with him from these Codels. have been here, and that one exception Louisiana, JOHN BREAUX. So he is a Renaissance man with was the first day he arrived, he had a Mr. President, I have had the privi- great capacity for many, many sub- news conference saying he was the sen- lege of serving with Senator JOHNSTON jects. He does everything with fairness ior Member of the class of 1972. That on the Energy and Natural Resources and with objectivity. I often say some was not only erroneous but it was to Committee now for all the years that of his problems on the committees the detriment of the Senator from he has been in the Senate. It was then have been that he has supported Re- Georgia. The next day we had a chance called the Interior Committee of the publican causes that have not always to meet personally. The first thing I in- Senate and Insular Affairs, and then its been supported by the majority of his formed him was he had to retract that name was changed and, of course, all own Democratic Party on that com- statement because it was not correct. that time he has been chairman of that mittee. He has been that kind of broad- He did that graciously when he found committee. based, Renaissance person. out the accuracy of my remark. Ever In addition to that, both Senator This is a decision he has to make. I since then, he has been on target. JOHNSTON and I serve on the Appropria- have regrets in hearing this decision. I must say, my colleagues have al- tions Committee, and we begin this They are selfish and personal because I ready enumerated some of his accom- year the 18th year we have served in have 2 years yet as well and it also plishments. He has been an expert in partnership either as chairman or the causes me to have to reflect on what his own field of energy. He has been an ranking member, as Senator JOHNSTON my future is. But if I should run for re- expert in the field of environment. He has occupied that seat, or as I now oc- election and get reelected, I would be has also been an expert in the field of cupy that seat as chairman of that sub- very, very much lesser a person be- foreign policy and national security. committee and he the ranking mem- cause I would miss the expertise and He has traveled all over the globe. He ber, as I say, for 18 years. counsel of BENNETT JOHNSTON. knows people all over the globe. He is I think on both the authorizing com- But, BENNETT, being very informal at respected all over the globe. He has a mittee and the appropriating commit- this moment on the floor, I want to following all over, not only in this tee, we get a very, very intimate rela- say, as a long-time fan and supporter of country but throughout the world. tionship of the total legislative proc- yours and personal friend, I greet this On the Appropriations Committee, he ess. I want to say it has not only been news with great mixed emotions. I am has been a stalwart in that area. He an honor and a personal pleasure, but I happy for you and your family in many have marveled at the way Senator has been one of few people, few of us ways, yet I am regretful for what you who have been willing to take on the JOHNSTON has carried his duties and re- are going to deny the Senate as far as tough subject of entitlements over the sponsibilities in both of those commit- the future. tees, demonstrating competence, dem- years, and if some of those votes he and Several Senators addressed the onstrating brilliance of understanding I and some others made together back Chair. of the issues. He gets up and starts in the eighties and even before had The PRESIDING OFFICER. The Sen- talking about the nuclear power facili- passed at that time, we would not have ator from Alaska. ties, and so forth and so on, and I am some of the entitlement problems we have today. always happy to defer to him, whether A LOT OF MILES YET TO GO I am chairman or ranking member, any Mr. STEVENS. Mr. President, I am So he has had an outstanding legisla- time that subject comes up because sorry to say to the Senator from Geor- tive record. I will enumerate that at a there is no one on this floor that has gia, I left a meeting and I will take later date. But the most important greater intimate knowledge of that about 30 seconds here with my friend. thing he has done is what so many peo- complexity of nuclear energy than Sen- This is not the time to say goodbye ple have difficulty doing here in Wash- ington, and that is, while he has done ator JOHNSTON. to Senator JOHNSTON. We are saddened I also want to say that Senator JOHN- to hear the statement of the senior all of this for his State and for his con- STON’s Christmas cards, when he first Senator from Louisiana. I think that stituents and for the people of this Na- tion, he has held his family together. came here, showed this beautiful fam- Senator JOHNSTON spent enough time ily—beautiful Mary, his wife, and his in my State to be qualified to vote, and That is the toughy. Anyone who works children. I watched that Christmas I spent almost the same amount of 60, 70 hours a week, travels on week- card expand over the years. I think it time in his State for other reasons, I ends, and makes speeches all over is al- is very significant that sitting next to might add. ways under pressure, that can main- him on the floor of the Senate today is But I am saddened to hear the an- tain the love and relationship with his a very distinguished congressman from nouncement of my good friend. I under- wonderful wife, Mary, the children, the State of Indiana, who happens to be stand his reasons, and I really seri- Sally, Mary, Bennett, Hunter, and all his son-in-law, TIM ROEMER. I am very, ously marvel at his capacity to make of his family, that is truly the excep- very pleased to know that he is leaving such a judgment, but I do think that tion rather than the rule in this very more than just a legacy of record. He is we have a lot of things left undone. We busy, stressful place. leaving in the Congress of the United have a lot of miles to go yet, and I will So he has a family that loves him. He States a legacy of leadership that will say my farewells when the time comes. has a wonderful set of children that are continue. Meanwhile, I say to my good friend, we doing their own things in their own Mr. President, there are so many have one big battle, and that is the professions, and he has a son-in-law, as things that come to my mind. I am battle of wetlands. I hope he will be we have already heard, from Indiana flooded with memories of the thou- there with us until the end. who is here on the floor with him as a sands of miles that he and I have trav- The PRESIDING OFFICER. The Sen- Member of Congress. eled with our spouses and other mem- ator from Georgia. So I list, BENNETT, your accomplish- bers of the committee from China, ments as keeping your family together Thailand, Indonesia, throughout the TRIBUTE TO SENATOR BENNETT JOHNSTON and raising a wonderful group of chil- whole Pacific region. Mr. NUNN. Mr. President, I, too, dren with, of course, the tremendous I want to say even though he is noted want to say a few words about this man help of Mary who is as outstanding as as perhaps the expert here of energy, we all think so much of, the Senator any individual I know, and also main- among his other expertise, whenever he from Louisiana, Senator JOHNSTON. taining a wonderful relationship with January 9, 1995 CONGRESSIONAL RECORD — SENATE S 613 your staff. You can tell a lot about a not only a master of the close, but was tain tasks that other people would at- Senator by his staff. BENNETT JOHN- a master of strategy. I saw he is a man tempt to evade and to avoid. STON has an outstanding staff. Some of who is bright. He is a man who is ar- He has had to fight bigots. He has them are here today. I worked with ticulate. But he is also somebody who had to fight those who were intolerant. many of them over a period of time, is always a gentleman, always recep- He has moved forward in the South to- and I know others of them on the floor tive, always able to say what he thinks ward having improved race relations have worked with them. You can tell in a way that brings the best from ev- and has been a great voice of reason in an awful lot. eryone around him. pursuing that particular task. And the So I say to my friend, for his own fu- So, BENNETT JOHNSTON, I want to say South today has many benefits that ture, I am sure he has reflected long to you: In the few days we have been really resulted from his leadership. and hard on this decision and, from back, this is the worst news I have He has been a wonderful family man. that point of view, I congratulate him. heard. Even worse than the Contract I think SAM spoke about that, the fact From the point of view of the Senate, With America, in many respects. I am that he has a delightful, wonderful, I am remorseful. I think we are going just so sorry that this is going to hap- charming wife, Mary, and four chil- to be a lesser body when he leaves here pen. But there is one thing I do know: dren: Bennett, Hunter, Sally and Mary. in 2 years, although for the next 2 Even if you have made up your mind They are great examples of a family years, he will be, I am sure, as ener- there are still 2 years, so we will be and to the fact that there are such getic, productive, and effective as he hearing much more from BENNETT close ties among them. He has been one has ever been. JOHNSTON, the master of the close. of those who have advocated, as we all But I do understand the decision. I I yield the floor. agree that we should, an improved understand it. All of us have to go The PRESIDING OFFICER. The Sen- quality of life in the Senate in order through this kind of thought process. ator from Alabama. that we spend more time with our fam- He made the decision quicker than I SENATOR BENNETT JOHNSTON, STATESMAN ilies. He and DAVID PRYOR have been thought he would. If I had predicted 2 Mr. HEFLIN. Mr. President, it is a voices that have sounded forth many weeks ago, I would have predicted the sad day for the Senate, a sad day for times on the improvement of the qual- other way around. But I know he made the Nation, when we find out we will be ity of life in the Senate. Hopefully, our it after a great deal of thought, a great losing a Member of the U.S. Senate new minority leader will agree and deal of prayerful consideration with his who has contributed so much to this hopefully he can influence our major- family and his staff. body as an institution and to this Na- ity leader a little bit toward following So it is not an announcement that I tion as a whole. the advice that BENNETT JOHNSTON has take lightly, or with any kind of feel- We do not use the word ‘‘statesman’’ given in the past relative to this. ing of celebration, because I under- very often. I grew up hearing it much He loves this institution and he has stand the deficit that is going to be left more frequently than I hear it today. I really done a great deal. I stop and when this outstanding U.S. Senator think we look at certain areas of exper- think of all he has done. Sometimes does retire in 2 years. So I congratulate tise and accomplishment and we real- you do not belong to the respective him on his service. I do not congratu- ize that there are statesmen in those committees, but he has been a tremen- late him, necessarily, on the decision fields, as well as from a generalist dous spokesman for southern agri- because I do want to talk to him a lit- viewpoint. I look back over the career culture. I look back upon many of the tle bit about it. But I do commend him of BENNETT JOHNSTON and I remember battles we have had relative to agri- on his splendid record of service for the when I came to the Senate, this Nation culture and know that his voice has State of Louisiana and the Nation. was in an energy crisis. We were talk- been the voice of a champion, pertain- I thank the Chair. ing about shortages and what had to be ing to those issues. Then, in foreign af- The PRESIDING OFFICER. The Sen- done. I remember President Carter’s fairs, he would come back from his ator from California. speech with his sweater. trips—I can remember him many times BENNETT JOHNSTON, THE MASTER OF THE CLOSE But BENNETT JOHNSTON stood out in talking about the Pacific rim and its Mrs. FEINSTEIN. Mr. President, I those days as a voice of reason, calling great future and the fact that we need- heard about 2:15 this afternoon that for an energy policy that was really ed to develop better relationships with Senator JOHNSTON was going to take very detailed, but was accompanied by the Pacific rim nations because much the floor, so I picked up the phone and great reasoning. His energy policy pre- of the future would lie there, and the tried to reach him and missed him. I vailed over the years, and we weath- progress that has taken place in recent wanted to just say a few words. ered that crisis. As we have gone years pertaining to this. I listened, back in my office, to what through the changes relative to energy (Mr. SANTORUM assumed the chair.) he had to say. I was thinking, back policy and the relationship of nuclear So we with great sadness see the an- when this mayor from San Francisco in energy, BENNETT JOHNSTON has always nouncement of the departure some 2 the mid-1980’s came back to see the come forward with expertise, with rea- years from now of a statesman in the head of the Energy Committee. I had son, and with a view toward the future field of energy, a statesman in the field an opportunity and I walked into his and has accomplished tremendous feats of race relations, a statesman who has office. I saw the pelicans. I did not even in regard to the energy field. He had done much for this Nation. We will know if he would really listen to me. I the unique position of serving as chair- have lost a great Senator. We are now found a human being who was open, man of the Committee on Energy and losing a great chairman, but neverthe- who was gentle, who was kind, who was Natural Resources and the subcommit- less he will continue as a spokesman in listening, and who was interested. tee dealing with energy and water de- his particular fields. But he has also Then, of course, in 1992 I came to this velopment of the Appropriations Com- served in so many other different ways Senate and I found a man who was a mittee. It is very unusual for a person on the budget, in the field of aging, and leader of the U.S. Senate—certainly a to occupy those two positions simulta- in the field of intelligence, having leader on the Democratic side and I be- neously, but because of his expertise served in committees in that capacity. lieve a leader in the Senate—who had and seniority and his choice, he se- We salute BENNETT. I think maybe worked for 22 years, who had estab- lected those. And I think the Nation the real reason behind this is that he is lished a reputation in this body. has been the beneficiary as a result of feeling that he is getting a little older, I might say, many of the Members on it. that he is not as accomplished a tennis our side, when we were discussing the His State of Louisiana has greatly player as he used to be, and that his California Desert Protection Act, said benefited from his service. I consider colleague, JOHN BREAUX, is now beating toward the close of the session, ‘‘Don’t BENNETT a conservative, a progressive him more often than he used to. Per- worry. Watch BENNETT. He is a master conservative. He is a southerner. We haps that might have affected his deci- of the close.’’ have pretty well agreed on most issues, sion relative to this matter. And as the months went on, the de- as SAM NUNN mentioned a while ago. But we look forward to his, as he bate and the discussion on this bill, I And he has really taken on a great deal leaves and when he leaves the Senate, saw indeed that BENNETT JOHNSTON was in his political life, in taking on cer- continuing to give us advice, counsel, S 614 CONGRESSIONAL RECORD — SENATE January 9, 1995 and we know he will continue to be a unattainable for decades. I thank him State and the people of this country. friend. for that. The other characteristic that he ad- I say to him, my friend, that this is He is dogged, determined, with a per- dressed was power, that the people of a sad day for America and for the Sen- sistence and steadiness which is envi- Louisiana had bestowed upon him as a ate. But we respect his decision. able. U.S. Senator a great power. Mr. SIMPSON addressed the Chair. So I thank him. I have been privi- Mr. President, I can say without res- The PRESIDING OFFICER. The Sen- leged to travel with him. Whatever ervation that of the some 20 years that ator from Wyoming. they have said about Mary is not I have known this fine gentleman, I Mr. SIMPSON. Mr. President, I in- enough. That is a special woman, and have never seen nor have I ever heard quire of my colleague, Senator PRYOR. it has been a great honor and privilege of this fine man ever once abusing that He was waiting to speak before I came to travel with him. Whether it was in power or of taking that power for in and he requested time to do so. Vietnam or China or around the world, granted. Mr. PRYOR. Mr. President, I respond dealing with nuclear issues, any time Mr. President, BENNETT JOHNSTON to my friend from Wyoming by saying BENNETT rose to give the greetings or will go down in the annals of this great that I have been here for some time receive the acknowledgment from an- U.S. Senate as one of the great doers and I am enjoying all these speeches so other head of state, we just all sat back and one of the great builders that this much. I have no preference as to when and knew it would be done with won- body has ever produced. The Senate I speak. derful compassion, skill, and a com- has been a better place because of him. So I would love to listen to the Sen- pletely tactful presentation. He was His life and his example and his family ator from Wyoming, to hear him talk our spokesman, and whatever side of all mean so much to all of us. about our friend, BENNETT JOHNSTON. the aisle you were on, you never even Mr. President, I notice that the dis- Mr. SIMPSON. Mr. President, if I questioned that. tinguished Presiding Officer, the new said that my remarks would not exceed So a gentle, congenial man of very Senator from Pennsylvania, is seated 5 minutes, there would be an audible steady demeanor will be greatly today presiding over the U.S. Senate. I gasp. However, I want you to observe missed. It is not easy to find people know that he faces a middle aisle that the clock and you will find that they who will do this kind of work and take some say divides the Republicans from shall not exceed the period of 5 min- what goes with it. We are thin-skinned the Democrats. I have a feeling, Mr. utes. I, too, will say a lot more later. sometimes. I know I am. But he just President, that Senator BENNETT JOHN- I thank my friend from Arkansas, smiles and takes it, and can dish it STON, our friend and neighbor from who came here when I did, Senator right back in beautiful fashion and al- Louisiana, has never seen that middle PRYOR, and Senator HEFLIN, also. We ways with a gentler, much gentler, rec- aisle as a line of demarcation, nor as a have a special bond in our class which ipe than it has been dished out to him. line of division, but merely as a line of is very strong that crosses party lines. So to BENNETT and to Mary, and invitation to join hands and join par- In fact, the other evening we met, the their dear family, and to the son-in-law ties, whether Republican or Democrat, survivors of the class of 1978, and who will serve us in Congress on the liberal or conservative, on those issues talked about how we might try to other side of the aisle, I wish them all that face this country and those issues make this place work better with bi- well. that must make us a better people. partisanship. That is an effort that we It has been a rich personal privilege BENNETT JOHNSTON, in my opinion, will pursue with people of the caliber of for Ann and for me to come to know has been able to bridge that gap and to Senator PRYOR and Senator HEFLIN. BENNETT and Mary JOHNSTON, and we cross that aisle in friendship, in prin- But let me just say a word about my love them. We wish them well in what- ciple, in camaraderie and comity, as friend. BENNETT JOHNSTON is a special ever they may wish to do in the future. well as any Member that I have ever man, a man of remarkable brightness, Mr. PRYOR addressed the Chair. seen in the U.S. Senate. He is a wise energy, and a wonderful sense of The PRESIDING OFFICER. The Sen- and a good man. It has been my ex- humor, and a person who could come to ator from Arkansas. treme pleasure and honor to serve in this floor in the midst of a debate on Mr. PRYOR. Mr. President, this is in- this body with BENNETT JOHNSTON, my nuclear fission and without a note sud- deed a sad day. It is a sad day for the friend and colleague from the great denly be totally in the fray or who U.S. Senate. It is indeed a sad day for State of Louisiana. could come here on issues of energy, the State of Arkansas to be losing one Mr. President, I yield the floor. Btu’s or public lands and without a of our colleagues from this Senate, but Mr. DASCHLE addressed the Chair. note debate for an hour or two taking of equal importance to be losing, Mr. The PRESIDING OFFICER. The mi- questions, fielding questions thor- President, one of our neighbors, the nority leader is recognized. oughly engaged. Honorable BENNETT JOHNSTON as our So what I learned from him is a re- colleague and friend from our neigh- TRIBUTE TO SENATOR BENNETT JOHNSTON markable intellect blended with a won- boring State of Louisiana. Mr. DASCHLE. Mr. President, I rise derful mind and an ability to deal with We have often said, DALE BUMPERS to associate myself with the remarks complex issues, and when everyone and I—and I am sure he will eloquently made by so many of my colleagues on else, like in the words of Rudyard Kip- address this momentarily—Senator both sides of the aisle in tribute to our ling, was ‘‘losing their heads,’’ blaming BUMPERS and I have often said in our friend and colleague, BENNETT JOHN- it on you, BENNETT would be right State that we have three Senators, STON. there with that wonderful whimsical that we are very fortunate, and that A couple of days ago, I read some smile which is difficult to identify the third Senator is the Senator from words written by George Bernard Shaw sometimes. You never know quite what Louisiana, who on every project, Mr. that I think probably as closely epito- is being concocted there with that President, on every issue has stood mized how I view BENNETT JOHNSTON as smile. But I have seen it many times, shoulder to shoulder not only with any I have read in my time in the Sen- and it is always with a gentleness. Senator BUMPERS and myself and our ate. I would like to begin what I hope So I thank him for what he taught predecessors in this body but also with to be very brief remarks, keeping to me on nuclear issues as I chaired the our State and its people in the projects the approach used by our distinguished nuclear regulations subcommittee as a that we pursued on many occasions. colleague from Wyoming in being brief freshman, and how he helped me on all Senator JOHNSTON in his eloquent, this afternoon. energy issues when I was again and I must say brief, remarks, talked George Bernard Shaw wrote: chairing that committee. On public about two principles, one of honor, This is the true joy in life: Being used for lands issues, I watched my colleague that the people had honored him. And a purpose recognized by yourself as a mighty one, being a force of nature instead of a fe- from Wyoming, Malcolm Wallop, work all of us know Senator JOHNSTON well. verish, selfish little clod of ailments and with him and watched BENNETT and I know that honor was bestowed upon grievances, complaining that the world will Malcolm, even though they disagreed Senator JOHNSTON and that he treated not devote itself to making you happy. I am strongly, work so well together. They that honor basically as holding that of the opinion that my life belongs to the gave us finally an energy bill that was honor in trust for the people of his whole community, and as I live, it is my January 9, 1995 CONGRESSIONAL RECORD — SENATE S 615 privilege to do for it whatever I can. I want McClure said, ‘‘Chairman BENNETT because, while the title has changed, to be thoroughly used up when I finish, for JOHNSTON.’’ the respect has not. In 2 years time, I the harder I work, the more I love. I rejoice I had just served 10 years in the will miss you, as will in body. in life for its own sake. Life is no brief can- House, and I was used to the dynamics I yield back the remainder of my dle for me. It is a sort of splendid torch of the House. I thought to myself im- which I have got ahold of for the moment. I time. want to make it burn as brightly as possible mediately: But he is a Democrat; Several Senators addressed the before handing it on to future generations. therefore, he is partisan. That was Chair. quite typical of the style of the House. Mr. President, that describes our The PRESIDING OFFICER. The Sen- There was not the comity nor the bi- friend, BENNETT JOHNSTON. For 22 ator from Alaska. partisan nature of the Senate existing Mr. MURKOWSKI. Mr. President, I years, the people of Louisiana and the at that time in the House. I remember people of the United States have been defer to the Senator from Arkansas, at that time Senator McClure said, who I overlooked, who has been wait- blessed with the leadership of this out- ‘‘On the issues that you will be dealing standing U.S. Senator. BENNETT JOHN- ing for some time. I would like to be with, Larry, BENNETT JOHNSTON should STON epitomizes the best in public serv- recognized following his remarks in always be your counsel. And when he tribute to BENNETT JOHNSTON. ice through his thoughtfulness, his cannot be bipartisan—and there were fairness, his determination, his sense of Mr. BUMPERS. I thank the Senator times when he could not be—he will be from Alaska very much. humor, and his belief in love for his very straightforward because you will family. In this period of cynicism and always know where he is.’’ For those 4 TRIBUTE TO SENATOR BENNETT JOHNSTON ugliness in politics, BENNETT JOHNSTON years, following that advice, BENNETT Mr. BUMPERS. Mr. President, this is has stood as a pillar of integrity, of JOHNSTON was true to the description indeed a sad day for me personally and, hard work, of dedication, of devotion to of Jim McClure. though Americans may not realize it, public service. Let me also speak briefly for Steve it is a sad day for them, too. I have had the good fortune to know Symms, recently retired from the U.S. The other morning, I read where him now for over 8 years. I am proud to Senate who, again, spoke similar former Secretary Cheney said he was call him my friend. I am proud that I words. My exposure in working with not going to run for President and, in a will have the ability to work closely Chairman JOHNSTON over the last 4 spate of candor customary to Dick Che- with him for at least 2 more years. I re- years has certainly paid honor to both ney, said the price was ‘‘too high.’’ I spect his decision and know how deeply of those gentlemen and their respect toyed with a Presidential race one time he feels about his family and his time for BENNETT JOHNSTON of Louisiana. and came to the same conclusion. I spent on those occasions walking with BENNETT, personally, I will miss you. never did say it, though. his wife, Mary. There will be other I will miss you because of your talent But the truth of the matter is, public days, as others have said, to talk about and your energy and your willingness service, which I was taught by my fa- the many accomplishments of Senator to be bipartisan and cooperative in the ther was the noblest of all callings, has BENNETT JOHNSTON, but today let me name of good public policy. And I of- come to demand an almost impossible join with others in wishing him a fu- tentimes, Mr. President, marveled at price. ture of good health and much happi- the sharpness of mind and the detail I have no idea what went into Sen- ness, recognizing that we do enjoy his with which BENNETT JOHNSTON engaged ator JOHNSTON’s thinking in arriving at company, his work, his partnership, the issues of energy. Whether it was the decision not to seek reelection. I and the future that we hold with him electrical energy generated by nuclear know he is a family man. He is one of or hydro or coal power, he knew the de- together. the few people I would defer to, maybe tails. He knew the phenomenal maze of I yield the floor. slightly, in his devotion to his family Mr. CRAIG addressed the Chair. law that is bound around all of that, over me. So maybe that was it. But I The PRESIDING OFFICER. The Sen- whether it was with the utility compa- am not here to wonder aloud what all ator from Idaho [Mr. CRAIG] is recog- nies, or whether it was with the Fed- went into his decision. nized. eral regulatory agencies. I was always amazed because I suggest that never in The first time I heard of BENNETT TRIBUTE TO SENATOR BENNETT JOHNSTON my service in the U.S. Senate would I JOHNSTON was when he ran for Gov- Mr. CRAIG. Mr. President, a few mo- expect to command that kind of knowl- ernor of Louisiana and he was using ments ago, my staff came into the of- edge or understanding as does Chair- the same media consultant I had used a fice and said, ‘‘Quick, turn on the tele- man JOHNSTON. year earlier in running for Governor of vision. Senator BENNETT JOHNSTON is I will miss you, BENNETT JOHNSTON, Arkansas, Deloss Walker. And while announcing that he will retire after because of these things and because BENNETT barely lost that election, he this term.’’ I did, and I caught the re- you have become a friend, and I appre- was elected handily for the U.S. Senate maining words that the Senator spoke. ciate that. At the same time, let me 2 years later. I came immediately to the floor to say how much I respect your willing- I might say to the Senator that that express, on the part of the Idaho Sen- ness to recognize that there was a time was probably the most fortuitous thing ators who are serving and who have to say, ‘‘I will do something different.’’ that ever happened to him. As a former previously served in this body, the re- I think that is important for all of us, Governor and Senator, I can tell you it spect we have for Senator BENNETT because I have the privilege of serving was the most fortuitous thing that JOHNSTON of Louisiana. Other than in the U.S. Senate because a senior ever happened. you, Mr. President, I am, at this mo- Senator, at the peak of his senatorial But Deloss Walker had told me what ment in time, as I scan the floor, one of ability, announced his retirement, a good candidate Senator JOHNSTON the more junior Senators serving, al- choosing to do something in the pri- was. And so he came to the Senate 2 though I am privileged to be the senior vate sector of our country. years before I did. I was put on the En- Senator from Idaho. I say that in con- So I do respect those kinds of deci- ergy Committee, which was a widely text to having arrived here 4 years ago, sions, recognizing that there is life sought committee assignment at that and to have asked the advice of the after the Senate, and that expertise time because the Arab oil embargo of then retiring senior Senator from and talent and service can go on to 1973 had everybody frightened to death. Idaho, Jim McClure, ‘‘From whom serve in other ways and in other capac- We were going to become energy inde- might I seek counsel as it relates to ities. pendent. We were going to develop al- certain issues that are near and dear to But for the coming 2 years, BENNETT, ternative fuels, and you name it. our State of Idaho and to the Nation?’’ you will remain a valuable and contrib- Senator JOHNSTON had the seat just —I served on the Energy and Natural utive member of the Energy and Natu- in front of me, and later of course be- Resources Committee that BENNETT ral Resources Committee and the Ap- came chairman of the committee. I for- JOHNSTON was chairing at that time propriation Committees on which you get the year. But I became ranking and continued to chair through the serve. While you now serve in the mi- Democrat on that committee. 103d session of Congress—and without nority, that will never stop me from There are perhaps people in the Sen- ever thinking of anything else, Jim seeking your counsel and your advice ate who have been closer to Senator S 616 CONGRESSIONAL RECORD — SENATE January 9, 1995

JOHNSTON than I have been, though I do ish in every single profession in Amer- are associated with our own individual not see how. I have traveled with him ica except here in politics. egos. abroad. I have sat at his right hand in Well, Mr. President, I will probably The Senator from Louisiana has cho- that committee, all these years. I have be here to say this a few more times sen to go out at the very top of his ca- found him to be an ardent opponent on over the next 2 years for good friends of reer. The Senator has ahead of him, ob- occasion. It took me forever to kill the mine who decide not to run, but I can viously, some unknowns but some very super collider because he was on the tell you I will not say with any more exciting unknowns as the Senator other side. And I did not really kill it. fervor or conviction at any point in the looks to his future and the contribu- The House of Representatives deserve next 2 years, no matter who leaves tion that he will make to his State and the credit for killing the super collider. here, that this is truly a great loss to America as a whole. But I can tell you, as long as Senator this Nation and especially to the State The Senator has given me the honor JOHNSTON was in the Senate, it was not of Louisiana. and the pleasure of working with him, going to happen over here. Mr. President, I yield the floor. but he has also given me the wisdom But in good times and bad, in battles Mr. MURKOWSKI addressed the and an insight that I will respect and together and battles against each Chair. learn from. The Senator has always other, I found him always to be bril- The PRESIDING OFFICER. The Sen- been very fair in accommodating the liant and tenacious, but eminently fair. ator from Alaska. interest of the junior Senator from Last year, he took on another battle on Mr. MURKOWSKI. I thank the Chair. Alaska. the side of the angels that I had been f The Senator has gone up to Alaska fighting sort of a lonely battle for on numerous occasions. The Senator TRIBUTE TO SENATOR BENNETT has visited the North Slope, the Sen- about 5 years, and that was reform of JOHNSTON the mining laws of this country. Sen- ator has visited ANWR, the Senator Mr. MURKOWSKI. Mr. President, I has listened to Alaskans, and the Sen- ator JOHNSTON got involved in that de- bate last year. He was tenacious. But I join with my colleagues acknowledging ator has listened with a genuine inter- promise you some of his most ardent the remarks of the senior Senator from est to our problems and with a commit- opponents, including the Senator from Louisiana earlier on the floor today. ment to try to assist as we attempt to Alaska and the Senator from Idaho, You know, it has been said you really develop in our State what was done never know a person until you have throughout the United States, perhaps will tell you they always found him to walked in his footsteps. As the incom- 100 years ago. And that is a sound re- be eminently fair. He held hearing ing chairman of the Energy Commit- source policy using science and tech- after hearing, private hearings with tee, I take my first steps, BENNETT nology available today that was not them to see if there was any accommo- JOHNSTON, with great humility. available, perhaps, 50 or 75 years ago. dation that could be made that would I have observed, as a member of the We will miss you, BENNETT. I am satisfy them. minority, the manner in which you looking forward to having the pleasure And on the California desert bill, an- have conducted the affairs of the En- of working together these next 2 years. other battle that I had been involved in ergy Committee. You have always been I look forward to assisting in complet- for 6 years here, he took that battle on an extraordinary legislator. You have ing the agenda of the Senator, as well last year and won it and we passed the been a consensus builder. You have had as exploring new agendas. I look to the California desert bill. Some day the the capability to tackle the tough jobs Senator for advice, consent, and coun- people of America will look back and and get the job done. You have always sel. say we owe BENNETT JOHNSTON a big had the energy and the commitment to Finally, in conclusion, let me just one for that. move ahead, yet somehow you genu- comment on a reflection I had when His announcement today follows the inely accorded each member an oppor- the Senator and his wife, Mary, were same announcement by two other fine tunity to be heard and most of us an kind enough to include us in the men in this body, HANK BROWN and opportunity to exhaust our thoughts Christmas card list. I saw, this time, PAUL SIMON. And my guess is there are on the subject, and then you moved grandchildren. Not just one, but sev- going to be others. ahead with an agenda as you saw it. I eral. Somebody mentioned to me some We could sit here and I guess make know every Member who has worked years ago when we had our first grand- partisan speeches or philosophical with the Senator from Louisiana re- child that, truly, that was the ticket to speeches about whether or not the spects him. The Senator from Louisi- eternity. price of public service has become too ana has tackled the national issues. As I do not know whether there is any high, and that would serve absolutely the Senator from Arkansas indicated, reflection on this decision in the grand- no useful purpose at this point. occasionally the Senator has been par- children, but I, personally, would not BENNETT will have another career tisan, but the Senator has been par- be surprised if the Senator has decided and he will have more time in that ca- tisan in a way that I think represented to try to spend a little more time with reer. I do not know what it will be, but the reality that the Senator’s party the grandchildren. Obviously, when I promise you whatever he takes up, was in the majority. Yet the Senator you are around your grandchildren, whether he decides to become a profes- from Louisiana was always willing to you generate a reflection on perhaps sor in some law school or maybe teach listen to the input from the minority. some of the qualities of life rather than political science or some contemporary The Senator was a fighter for the the quantity. course on politics at LSU or someplace State of Louisiana. I do not think that So let me commend the Senator for else, I do not care what it is, he will anyone can observe the career of the the service that the Senator has given have more time for his family than he Senator in the last 22 years and suggest to this body, the State of Louisiana, has had in the past 22 years. that the Senator has not served the and my State of Alaska, and the friend- So, Mr. President, today is a sad time State of Louisiana well. The Senator ship which I have enjoyed and that I for me. It is going to be a personal loss has left an example for other Members am looking forward, as we spend the to me for BENNETT to leave the Senate, to follow. next 2 years together, to working on but more importantly it is a loss for I came into the Senate 14 years ago. behalf of the many interests that are America. At that time, Senator ‘‘Scoop’’ Jack- before our committee. I have never favored term limits. It is son of Washington was chairman of the Again, my sincere best wishes on the not easy to go before an audience when committee. Jack McClure followed Senator’s new future. We look forward you know 70 to 75 percent of that audi- that tenure. I think one of the extraor- again, those Senators who are at least ence favors term limits, and say you do dinary things that we all wonder about going to be around here for the balance not favor it, but I do not; never have. during our careers in the Senate is of our term, to observing the patterns One reason is because it would arbi- knowing when it is time to go, when to and the footsteps as the Senator from trarily cause us to lose good men and have the wisdom and the honesty, be- Louisiana moves out and pursues some women with good minds, but, above all, cause as we all know, in this business of the exciting opportunities and chal- a wealth of experience which we cher- an awful lot of our everyday activities lenges outside the U.S. Senate. It has January 9, 1995 CONGRESSIONAL RECORD — SENATE S 617 been a pleasure, my friend. I wish you I am one who believes in term limits. mendously affected by the committee’s well. I think we need to open up the process activities. f to get new blood in. When people say to For example, last year, Senator me ‘‘Yes, but won’t you lose some peo- JOHNSTON’s help was essential in get- EXTENSION OF MORNING ple that are precious to the United ting a bill through the Senate that will BUSINESS States?’’ I always say, ‘‘Yes, we will. allow Utah’s public school system to The PRESIDING OFFICER. The That is the down side of term limits.’’ receive from revenues generated from Chair advises the Senator from Utah Then I go on to list, privately, of Federal lands and royalties. He recog- there are 2 minutes remaining in morn- course, some people that I think term nized the importance of this piece of ing business. limits would be good for. BENNETT legislation to education in my State Mr. BENNETT. Mr. President, I ask JOHNSTON is in the first group. That is, and did everything he could to help it unanimous consent that morning busi- those who would be precious to the through the committee. I am convinced United States who would be lost, and ness be extended for an additional 5 the bill would not have been signed for whom, if I could, I would waive the minutes beyond the 2 minutes already into law by President Clinton last year term-limit requirement. allocated. without his support, and Utah’s school He is a fine gentleman, a fine friend, The PRESIDING OFFICER. Without children will be indebted to him for a fine Senator. I look forward to 2 more objection, it is so ordered. many years. years at his side and, indeed, at his f He has a keen sense on issues related feet, for he has taught this junior Sen- to the energy security of this Nation. ator a very great deal. I look forward REFLECTIONS ON TENURE OF It was his leadership that led to the de- to learning a very great deal more. Mr. SENATOR JOHNSTON velopment and passage of the Energy President, this is a time of pride for Security Act of 1992, which should Mr. BENNETT. Mr. President, I was the United States that we can look allow us to meet the energy demands of sitting in my office catching up on pa- back on the career of one of our finest. our growing population for many years perwork when I was literally caught by I did not want to let the occasion pass to come. His expertise in this area will the announcement that the distin- without adding my voice to those that guished former chairman of the Energy have been raised in tribute to this fine be sorely missed by the Senate. and Natural Resources Committee public servant. I yield the floor. He also recognizes that many States are financially dependent on the appro- would not seek reelection. TRIBUTE TO SENATOR JOHNSTON priate development of their natural re- I had to come over and add my voice Mr. PELL. Mr. President, I rise to sources, especially when these re- to those that have already been raised pay tribute to our distinguished col- sources are located on Federal lands. in tribute to this fine man, this out- league, the senior Senator from Louisi- Of course, Louisiana is as rich in these standing Senator and, for me, close ana [BENNETT JOHNSTON], on his an- friend. nounced intention to retire from the resources as my own State of Utah. As I came to the Chamber, I was re- Senate at the end of his current term. And, by recognizing this dependence, minded of his words to the former His departure will be a loss to this Senator JOHNSTON has been willing to ranking member on that committee, body. work with Senators on resource issues Malcolm Wallop, who made a similar Senator JOHNSTON has served here that are unique to that particular announcement. As Senator Wallop ably and well for over 20 years, most State, whether the subject matter was came into the committee, Senator notably as chairman of the Committee precious metals, coal, petroleum, natu- JOHNSTON looked at him and said, ‘‘You on Energy and Natural Resources and ral gas, or, in the case of Utah, tar did not ask my permission.’’ I had the of the Appropriations subcommittee sands and oil shale. He has provided same feeling here. He did not ask my having jurisdiction in the same area. tremendous leadership in showcasing permission. Not that he would have or He has mastered the intricacies of and supporting our national parks, for- should have. much difficult legislation in this ca- ests, and recreation areas. While we This is, obviously, a personal deci- pacity, and the Nation has benefited have not always agreed on every single sion. I am sure from seeing how well he from the perspective and wisdom which issue, I will miss his manner of doing makes decisions, that it is the right de- he brought to the task. business. cision. I wanted him to know, and the I am privileged to have had a long In addition, he has been successful in country to know, that I will feel a friendship with BENNETT JOHNSTON and focusing this body on the important sense of personal loss. I am not saying I admire him for the manner in which issue of risk assessment related to en- goodbye as some have said, because I he conducts himself as a Senator and vironmental regulations. With the am looking forward to the next 2 years. as a person. And, particularly, as a ten- total cost for all 54 Federal environ- I was sorry that, in the reorganiza- nis player. In the best sense of the mental regulatory agencies totaling tion of the committees, I missed going word, he can be called a straight shoot- $14.3 billion last year, it is critical that back on that committee by exactly one er. Congress determine the benefit associ- slot. If there had been one more slot, I I regret, honor, and sympathize with ated with the cost of each and every would have been there as I have been his decision to end his distinguished environmental regulation we pass. Sen- there the last 2 years. And I look for- political career and I wish him and his ator JOHNSTON has provided leadership ward to going back there when the lovely wife Mary all the best for the fu- on this matter, and I hope that this next 2 years are gone. ture after he leaves the Senate in 1997. body will again pass his amendment It will not be the same without BEN- In the meantime, we are fortunate to during this session to require a risk as- NETT JOHNSTON. A year ago, just about have the benefit of his talents for at sessment on new regulations. this time, we were in China, Vietnam, least 2 more years. Obviously, the Senator from Louisi- Indonesia, and Thailand together. I TRIBUTE TO BENNETT JOHNSTON ana has been a leader in many areas said to him, after one of the meetings Mr. HATCH. Mr. President, I rise to during his tenure in the Senate. For we had had with the head of state on pay tribute to my good friend, BENNETT this, I thank and applaud him. We are that trip, ‘‘Mr. Chairman, if you want JOHNSTON, who announced his decision losing a true expert on these issues, to run for Secretary of State, I will be yesterday to retire from the Senate. and I am losing a true friend in every happy to handle your campaign.’’ He is Senator JOHNSTON has been a terrific sense of the word. I understand why he an outstanding diplomat, an outstand- friend and ally for me on a myriad of has made this decision to leave the ing servant of the citizens of the Unit- issues during his service in the Senate. Senate; and, while 2 years remain for ed States. He has 2 years left to go. We I have always found him fair in all his us to collaborate on important issues, I will not turn this into his funeral eulo- dealings as chairman and ranking want to express my thanks to him and gy because I know he will spend the member on the Energy and Natural Re- wish him well in all his future plans. next 2 years in the same kind of service sources Committee, where a public He has been a great asset to his State that he has rendered in the past 22. lands State like Utah is always tre- and to the Senate. S 618 CONGRESSIONAL RECORD — SENATE January 9, 1995 AMENDMENT TO BE OFFERED It was ‘‘especially prohibited’’ by ar- Anyone who was privileged even to Mr. WELLSTONE. Mr. President, I ticle 23(e) of the Hague Convention of briefly meet with Ben Rich personally hereby give notice in writing that it is 1899, could not help but be affected by his in- my intention to offer an amendment To employ arms, projectiles, or material of a fectious enthusiasm, boundless energy, during the Senate’s consideration of nature to cause superfluous injury. and persistent can do attitude. It was the Congressional Accountability Act And it was ‘‘especially forbidden’’ arti- an attitude which carried the greatest of 1995, and that provisions of my cle 23(e) of the Hague Convention of aircraft developments in the world amendment would require that: First, 1907, through daunting engineering chal- whenever a committee reports legisla- To employ arms, projectiles, or material cal- lenges at the very edge of the envelope tion, that committee must publish a culated to cause unnecessary suffering. of engineering design and system de- detailed analysis of the impact such The Treasury Department has appar- velopment. legislation might have on children; and ently decided that Americans may arm Unquestionably, his most notable re- second, it will not be in order for the themselves and use rounds of ammuni- cent achievement during his years as Senate to consider such legislation if tion which would be forbidden by trea- the Chief Skunk was the creation of the committee has not published such ty—the supreme law of the land—to the Stealth F–117 fighter program. He an analysis. the U.S. Armed Forces. This borders on organized a research and development contempt of the law. program to respond to the Nation’s f It borders further on contempt of need for new fighter aircraft featuring Congress. On Thursday, January 5, in low observable technologies. These in- THE DECISION TO LICENSE THE the Washington Post I reported on ef- cluded a revolutionary faceted external MANUFACTURE OF RHINO AMMO forts in the statutes and other means design, new inlet and exhaust nozzle Mr. MOYNIHAN. Mr. President, ac- that Congress has adopted in recent concepts, advanced radar absorbing cording to the Associated Press, the years banning rounds of ammunition of materials and structures, and unique Bureau of Alcohol, Tobacco and Fire- particular threat to police officers. antennas and apertures. Even with this arms has decided to issue a license for Any number of police officials have range of new technologies, they were the manufacture of Rhino Ammo by stated that once this round is manufac- all put together in a winning system to the Signature Products Corp. of Hunts- tured and sold, it will end up being achieve initial operational capability ville, AL. Rhino Ammo, according to used against policemen. Evidently, this in just 5 years. its manufacturer, is designed to frag- does not in any way trouble the Treas- Furthermore, his team was able to ment upon impact with human tissue ury Department. keep the existence of the aircraft to- in order to inflict maximum injury, Clearly, there has to be a complete tally secret, in the black, until its ex- Mr. David Keen, the chief executive of review in the executive branch of this istence was formally acknowledged by Signature Corp., has said of this am- issue. Just as clearly no license should the Air Force, from 1970 until 1988. munition: be issued until that review has been The great value of the Stealth fighter made and submitted to Congress. The beauty behind it is that it makes an was amply demonstrated during Desert incredible wound. * * * That’s not by acci- f Storm when a small force of some 42 dent. It’s engineered by design. The round TRIBUTE TO BEN RICH aircraft had a major impact on the disintegrates as it hits. There’s no way to war. The F–117, according to unofficial stop the bleeding. * * * I don’t care where it Mr. INOUYE. Mr. President, it is my sources, destroyed 40 percent of all hits. They’re going down for good. sad duty to inform the Senate that one strategic targets with only 2 percent of The application for this license of the giants of American aviation his- the total of all Allied Forces tactical should be denied. There is something tory, Mr. Ben Rich, the long-time di- aircraft. It was the only aircraft to at- sick about a chief executive officer of rector and spirit of the famed Lock- tack heavily defended Baghdad, an American corporation making such heed Skunk Works, passed away on unescorted, delivering laser-guided January 5, 1995, in Ventura, CA. Ben a statement to sell ammunition spe- weapons with unprecedented accuracy, Rich was the driving creative force be- cifically designed to cause, in Mr. with minimum collateral damage and hind the most potent and successful Keen’s own words, ‘‘horrific’’ wounds. civilian casualties. aircraft created by man, including the There is a history here. The St. Pe- Ben Rich’s many achievements have U–2 and the SR–71 reconnaissance air- tersburg Declaration of 1868 was the been recognized repeatedly in the aero- first effort to ban certain types of am- craft, the workhorses of the cold war, and the F–117, or Stealth fighter, the space industry. In May 1994, Secretary munition which caused unnecessary of Defense William J. Perry presented suffering. The United States was not a backbone of our air campaign in the Desert Storm operation. him with the Distinguished Public party to the declaration, but we did Service Award. Among his other ratify the Hague Conventions of 1899 Ben Rich’s life was synonymous with awards, he and his team were awarded and 1907, both of which banned the use the great achievements of post-World the 1989 Collier Trophy by the National of dum-dum bullets. War II advanced military American Aeronautic Association for the Stealth Dum-dum bullets were invented in aviation. He joined Lockheed in 1950, fighter. This award is given annually the late 19th century at the British ar- and participated in the aerodynamic, for the most outstanding achievement senal in the town of Dum Dum, which propulsion, and design aspects of the in aeronautics and or astronautics. was located 6 miles northeast of the F–104, U–2, A–12, SR–71 Blackbird and With Ben’s passing, we as a nation Calcutta city center at the time. The numerous other programs that have are poorer for out loss, but I am cer- rounds expand upon impact, thereby earned the Lockheed Skunk Works un- tain his spirit and achievements will causing much larger wounds than ordi- paralleled international recognition. In continue to inspire a new generation of nary bullets. 1975, he was named Lockheed vice The Hague Conference of 1899 met in president in charge of this talented ad- aerospace designers and engineers to May 1899. It was attended by 26 nations vanced development projects organiza- new heights in one of America’s pre- and produced three conventions, the tion, and from 1975 until his retirement mier industries. second of which was the ‘‘Convention in 1991, he led the Skunk Works On behalf of myself and, I know, all with respect to the Laws and Customs through an intense period, including my colleagues, I wish to convey our of War on Land.’’ The Conference also the U–2 production restart, the Stealth sincere condolences to his wife, Hilda, produced three declarations. Here is fighter development and production his son, Michael, and daughter, Karen. the text of the third declaration: and the F–22 advanced tactical fighter prototype development, among other f III. On Expanding Bullets—The Contract- programs. Following his retirement, he ing Parties agree to abstain from the use of continued in aviation as a consultant WAS CONGRESS IRRESPONSIBLE? bullets which expand or flatten easily in the THE VOTERS SAID YES human body, such as bullets with a hard en- for the Rand Corp., Lockheed, and velope which does not entirely cover the other defense contractors and organiza- Mr. HELMS. Mr. President, the in- core, or is pierced with incisions. tions. credibly enormous Federal debt is like January 9, 1995 CONGRESSIONAL RECORD — SENATE S 619 the weather—everybody talks about it The theme of this year’s meeting is selves, but we never questioned our values. but nobody ever does anything about ‘‘The Spirit Grows.’’ I believe that Now it can be seen that others were listen- it. their theme reflects the spirit we have ing. A lot of politicians talk a good seen in American during the last few Others harbored the same quiet, solid be- months. A growing spirit to change liefs—beliefs that never left rural America. game—when they are back home— For decades, Farm Bureau was one of a about bringing Federal deficits and the America and to bring common sense very few organizations that stood up and Federal debt under control. But just back to Government. Like most Ameri- spoke out for the ideals we believe in, no look at how so many of these same cans, members of the American Farm matter where our position rated in the latest politicians so regularly voted in sup- Bureau want change. public opinion poll. port of bloated spending bills that roll In his opening remarks, Farm Bureau Great political change occurred last No- through the Senate. The American peo- President Dean Kleckner listed seven vember. But we saw the bell cow in 1992 when ple took note of that on November 8. Farm Bureau goals—goals which many the public clamored for change. At this As of Friday, January 8, at the close of us here in the Senate share. These point, it looks like no more country-club or good-old-boy politics as usual. Public dis- of business, the Federal debt stood— include adopting a balanced budget amendment, passing a line-item veto, satisfaction—really disgust—with the politi- down to the penny—at exactly cal system and the politicians won’t allow it. $4,802,133,808,513.71. This debt, remem- reducing the capital gains tax, increas- People want a return to basic American ber, was run up by the Congress of the ing the estate tax exemption, imple- principles—individual responsibility, com- United States. menting legislation requiring risk as- mon sense, fairness, faith, firmness not The Founding Fathers decreed that sessment and cost-benefit analysis, forms, a hand up * * * Not a hand out. the big-spending bureaucrats in the ex- limiting unfunded mandates, and Where’s the sense in spending billions of ecutive branch of the U.S. Government strengthening private property rights. Superfund dollars to pay lawyers to talk should never be able to spend even a Mr. President, I would encourage my about cleaning up dirt at a contaminated colleagues to read the full text of Mr. site? Why spend billions on a welfare system dime unless and until the spending had that does not foster an incentive to get off been authorized and appropriated by Kleckner’s speech and to take to heart some of the points he makes. I ask the public dole? the U.S. Congress. People have told government that a reor- The U.S. Constitution is quite spe- unanimous consent that the text of Mr. dering of priorities and spending habits is cific about that, as every school boy is Kleckner’s speech be included in the definitely in order. And that is an order—an supposed to know. RECORD. order that will be enforced, come next elec- And do not be misled by declarations There being no objection, the speech tion, if changes—acceptable changes—don’t by politicians that the Federal debt was ordered to be printed in the come quickly. was run up by some previous President RECORD, as follows: More regulations, more taxation, more re- strictions aren’t the answer. We don’t need or another, depending on party affili- ANNUAL ADDRESS, AFBF PRESIDENT DEAN KLECKNER consensus, we need conquerors. When will ation. Sometimes you hear false claims the deep thinkers, but shallow doers, learn? Good morning fellow Farm Bureau mem- that Ronald Reagan ran it up; some- Free enterprise, coupled with religious com- times they play hit-and-run with bers. Welcome to this 76th gathering of the world’s largest, greatest, most powerful, passion, works. Government making rules George Bush. most influential farm organization. doesn’t make change. These buck-passing declarations are Your American Farm Bureau Federation. Princeton University economists did a false, as I said earlier, because the Con- Once again, your actions, your deeds, your study that showed environmental quality gress of the United States is the cul- policies benefitted agriculture, America’s quickly starts to improve when individuals’ income and investment returns top $10,000 a prit. The Senate and the House of Rep- most important industry. Through Farm Bureau, 4.4 million families year. resentatives are the big spenders. That’s the exact opposite conclusion of Mr. President, most citizens cannot speak with a unified voice. United in Farm Bureau, we implement the policies and get some think-tank talkers who believe eco- conceive of a billion of anything, let the results that we could not accomplish in- nomic growth does unavoidable harm to the alone a trillion. It may provide a bit of dividually. environment. perspective to bear in mind that a bil- As a direct result of your work—our In reality, Mexico, Chile, Venezuela and lion seconds ago, Mr. President, the work—U.S. agriculture today is more ori- many Pacific Rim countries have surpassed Cuban missile crisis was in progress. A ented toward the marketplace. World trade that threshold number and are moving to is less subsidized. The sanctity of property improve their environments. To see environ- billion minutes ago, the crucifixion of mental degradation, look to those that were Jesus Christ had occurred not long be- rights is more recognized and appreciated. And there is a growing belief that govern- centrally planned—Russia, Poland, the Bal- fore. ment must lessen its impact on people and kan states. Yet, some scholars still think Which sort of puts it in perspective, their livelihoods. that progress is a dirty word. Progress is does it not, that Congress has run up We are completing a philosophical cycle. good if we make it good. this incredible Federal debt totaling Our nation was founded on a belief in the Farm Bureau policies depend on the collec- 4,802 of those billions—of dollars. In integrity and common sense of the individ- tive wisdom, experience and values of work- other words, the Federal debt, as I said ual. Yet, over the years, this rock-solid phi- ing people throughout this land. 1994 was quite a year for Farm Bureau. It earlier, stood this morning at four tril- losophy eroded, evolving to the thought of: ‘‘Let government do it.’’ Then to: ‘‘Govern- was a year of accomplishments and yet-to- lion, 802 billion, 133 million, 808 thou- ment, do it.’’ The cycle moved a few years be-finished accomplishments. I want to tell sand, 513 dollars, and 71 cents. It’ll be ago to: ‘‘Should government do it?’’ you of a few, to illustrate the great breadth even greater at closing time today. Now, people of all walks of life, all seg- of your farm organization’s interests and ac- ments of society are answering: ‘‘Govern- tivities. f ment should not do it. It is my responsibil- All of the efforts, all of the work, all of the ity.’’ strategies are aimed at our two over-riding ANNUAL MEETING OF THE AMER- President Andrew Jackson once said, goals. They are the same two that Farm Bu- ICAN FARM BUREAU FEDERA- ‘‘When a democracy is in trouble, the remedy reau has aimed for since we started over 75 TION is more democracy.’’ years ago. We’re working to improve net Mr. DOLE. Mr. President, this morn- Our democracy may not have been in trou- farm income. And we strive to improve the ble, but the way voters voiced their demand quality of rural living. ing I had the privilege of attending the for positive change by reducing govern- 1994 saw the successful completion to two 76th annual meeting of the American ment’s presence was encouraging. important trade negotiations. Farm Bureau Farm Bureau Federation in St. Louis, Farm Bureau has long championed the was intensely involved with both. Our Con- MO. worth of the individual. We’ve stood firm on gress passage of the General Agreement on As my colleagues know, the Amer- our philosophies, our policies. We’ve altered Tariffs and Trade is a major relief for U.S. ican Farm Bureau is the largest farm our policies when we recognize that change agriculture. I was never more proud, more organization in America, with over 4.4 is needed, * * * But our philosophies? Never. aware of Farm Bureau’s influence, than I million members nationwide. While in The basics, the fundamentals, the tradi- was last month as I was led down to sit in tional values that are still rock-solid across the front of that big room in Washington, St. Louis, I met with both Kansas and the country, Farm Bureau has not wavered. D.C., to watch President Clinton sign the American Farm Bureau members as I know sometimes it felt like we were talk- GATT legislation into law. they discussed issues of importance to ing to ourselves. The lack of external re- By signing on to GATT, other countries agriculture and to all Americans. sponse sometimes led us to question our- will have to follow the same trade rules we S 620 CONGRESSIONAL RECORD — SENATE January 9, 1995 do, opening their markets to our commod- tegrated pest management, using natural Throughout the sham, government work- ities. They must begin to reduce tariffs and methods to supplement chemical pesticides. ers used questionable biological science to subsidies. And they must have a sound, sci- We plant winter crops to replenish the soil implement their own political decisions. entific reason to restrict imports for health naturally and we leave legume or grass There are provisions allowing ranchers to or sanitation reasons. strips in the fields and along fence lines to protect livestock. As a New York Times arti- Ever since the talks began in Uruguay in shelter wildlife. We do this even though we cle concluded a few days ago, ‘‘Ranchers will 1986, Farm Bureau monitored the negotia- end up providing room and board for the ani- still be able to kill or harass wolves if they tions, often speaking directly to foreign ne- mals we attract as they eat our crops. We do threaten livestock.’’ That makes everybody gotiators, political leaders and farmers. this voluntarily, without government feel really good, doesn’t it? Farm Bureau has long recognized that one threats or public thanks. But the official rules are composed in typi- way to improve our income was to increase Our conservation compliance plans are cal governmentese—Beltway babble—by peo- the markets for our products. America’s complete. It is evident, very evident, that ple who don’t have the slightest idea of real- farmers and ranchers are just too good at the environment has nothing to fear from world living. You could kill a wolf, but what we do. There aren’t enough people here farmers. We do care for the land because it you’ve got to do it by the book. in the U.S. to buy all that we can produce. 95 cares for us. We don’t care for environmental First, you must catch the wolf in the act of percent of the world’s stomachs are outside elitists—their rhetoric aimed at fund-raising killing, wounding or biting livestock. Killing our borders. New technologies and new prod- and membership growth more than reason one that you see working over a carcass isn’t ucts come on stream daily. Clearly, we have and rational progress. Let them rant, we’ll good enough because you couldn’t prove that to have access to world markets. plant. Let them accuse, we’ll conserve and that wolf killed your animal. So you’ve got Now, with GATT, that access has im- use—responsibly use—our God-given re- to see the wolf in action, killing. proved. Not as much as we would have liked, sources to benefit people. We’ll continue to There’s a second restriction. If you kill a but enough to offer promise of future im- stand for conservation and challenge preser- wolf, a fresh domesticated animal carcass provement. The new international trade reg- vation. must be on hand for the government to in- ulations are clearly a vote of confidence for And it appears the weather vane of public spect. If it takes more than a day for you to the American farmer. opinion is changing. Elitists fear that public ride in, report the taking, get the agent to 1994 saw the signing of the North American support for three issues will gut their move- Free Trade Agreement which provides freer ment. One is the weighing of costs of risk your place and ride out to the attack site, trade faster than GATT. Initial trade reports prevention against the benefits, in any fed- forget it, you’re in trouble. bear out the estimates made by supporters eral regulations. Another is a severe restric- Now those rules apply only if you kill a that sales would increase and that export-re- tion on unfunded mandates imposed at the wolf on your own land. For those grazing fed- lated employment would increase. There is a federal level on state and country govern- eral land, it’s even more contrived, more ri- great sound in the land, but it’s not the pre- ments, with these costs being passed on to diculous. dicted great sucking sound of lost jobs. It’s us. And the third fear is compensation to Just like so many of our wetlands exam- more of a chomping sound as fanatics are landowners when their property values are ples, so many of our endangered species ex- forced to eat their words. lessened. amples, the stories are absurd. They’re Now, there is talk of expanding NAFTA to Elitists call these three issues the ‘‘Unholy funny—until they happen to you or your include more South American countries, Trinity.’’ I call the three common sense for neighbors or your fellow Farm Bureau mem- with some people envisioning a Western the common good. These issues go to the bers. Farm Bureau is working for you, right Hemisphere trade bloc eventually * * * From heart of many of the specific actions we took now, to put an end to such tales. the Arctic to the Antarctic. Farm Bureau last year in the environmental area. We’ve been involved in many more issues supports continued elimination of trade bar- We worked for a law that strengthens tres- and activities. We developed a book to re- riers. We will observe future negotiations as pass restraints against government agents view farm program legislation options. We closely as we did the previous ones. They involved with biological surveys. We also worked to strengthen the crop insurance pro- will certainly offer new and different chal- supported President Clinton’s creation of an gram. lenges. office of risk assessment and cost-benefit Whether it was in Congress or the courts, analysis and an independent national appeals Farm Bureau was there representing agri- division. culture’s interests. But that is all old news. We will also continue to promote inter- Farm Bureau and its leaders were instru- What is Farm Bureau going to do next? national understanding and goodwill among mental in defeating attempts to hike grazing What are you doing now? Ladies and gentle- farmers the world over. Thirteen state Farm fees to unrealistic, unprofitable levels. We men, Farm Bureau is poised for our greatest Bureau presidents and I visited China in 1994. stalled consideration of a global biodiversity accomplishments ever. Farmers and ranch- What a market * * * One-and-a-quarter bil- treaty until our specific concerns and com- ers have never had the opportunities we have lion people, not all as poor as church mice. plaints were addressed. We defeated an en- now. They have a middle class of 100 million ergy tax last year that would have cost With the convening of the 104th Congress, consumers with money to spend. China is al- farmers an average of 2,500 dollars each. We Farm Bureau is ready to push for the accept- ready a major customer of ours, purchasing didn’t want to be BTU’d. ance of many of our most basic, our most an average 500 million dollars a year of We worked for sensible clean water rules, a fundamental principles. The first 100 days of wheat and 200 million dollars a year of cot- common-sense wetlands definition. We sued this new Congress are extremely crucial. We ton. to keep ethanol an important component of must be prepared to act. We must work to The U.S. Ambassador to China stressed to the EPA’s clean air pollution reduction pro- create acceptance of our efforts by the poli- us that China’s economic progress must be gram. Despite significant progress in Con- ticians and opinion-makers. Farm Bureau encouraged. They are the only country that gress and in public opinion, it was still nec- members must push for the legislative im- has successfully managed a substantial essary to go to court to protect farmers’ and plementation of our policies. transformation of its economy from cen- ranchers’ interests. One item we’ve sought for a long time is a trally planned to one largely responsive to One of our most recent and on-going law- balanced budget amendment. We’ve had market forces. And they’re doing it under suits involves the federal government’s some successes. Many now in Congress said conditions of growing prosperity and rapid scheme to put wolves into the Yellowstone they would push for it. Let’s push them. economic growth. I believe that these eco- Park area. The surrounding area is im- Another crucial goal is granting the presi- nomic changes will hasten political and civic mense—half the state of Montana, 95 percent dent a line-item veto. The Republicans sup- changes, as well. It is an exciting era for of Idaho and all of Wyoming would be consid- ported it when they were in the minority and trade expansion and Farm Bureau is well sit- ered wolf range. Federal efforts to protect there were Republican presidents. Now that uated to continue to work for your interests. the wolf under the Endangered Species Act they’re in control of Congress, Farm Bureau Another major area demanding our time would amount to a giant federal land-use must work to make sure they are still so and talents in 1994 was the defense of prop- plan for most of the residents of the three eager for it. erty rights. Significant gains were made. states. A third major goal would be a reduced cap- Much more needs to be done. Throughout our First off, the wolf the government wants to ital gains tax, better yet a total elimination, years of struggle, we have pointed out that put in the area isn’t even endangered. There the same as citizens of many developed coun- farmers and ranchers are environmentalists. are thousands in Alaska and Minnesota and tries enjoy. Do you know what Germans are We have continued to advance our conserva- 70,000 of them in Canada. Second, the wolf taxed on capital gains? Zero. What about tion and stewardship practices. they want to introduce is the Canadian gray people in Hong Kong? Zero. Italians? Zero. Last year, more than 100 million acres— wolf, not the Northern Rocky Mountain wolf South Koreans? Zero. Taiwanese? Zero. over one-third of all U.S. cropland, was that once roamed the area. Third, we object Some countries do have a capital gains farmed using residue management or con- to the plan because the government didn’t tax. Japan? Five percent. France? 16 percent. servation tillage practices. Why? It’s envi- follow its own rules. Even our social service-happy neighbors to ronmentally sound. It’s economically sen- Fish and Wildlife ignored them. While they the north only pay a maximum 17-and-a-half sible. Residue decreases soil erosion and were supposed to be talking with area resi- percent capital gains tax. water runoff. dents about the general idea, federal agents We’ll work with Congress to cut the tax, Despite the profusion of unplowed lands, were instead building holding pens in the cut it big-time. I’m convinced a significant we are using less herbicides. We practice in- park to house the wolves. cut will result in more tax revenues to the January 9, 1995 CONGRESSIONAL RECORD — SENATE S 621 government through the increased sales of Thank you for the wonderful opportunity, coming to the floor now. I hope people appreciated assets. 10 or 15 percent of some- the gift, of serving you. God bless you. God are not going to wait until late tomor- thing is a lot more than 28 percent of noth- bless America. God bless Farm Bureau. row afternoon and then bump up ing. f Another of our opportunities is an in- against the 7 o’clock deadline and then creased estate tax exemption. The 600,000 CONCLUSION OF MORNING want the floor managers, Senator dollar exemption currently in the law hasn’t BUSINESS GRASSLEY and myself, to try to make been changed for a decade. We must work to some special arrangement for them, be- obtain an exemption that will allow farm op- The PRESIDING OFFICER. Morning cause that is not likely to be possible. erations to pass from generation to genera- business is closed. I encourage people who have amend- tion with minimal disruption and disloca- f ments to get them together, get them tion. A fifth area of opportunity would be ob- CONGRESSIONAL ACCOUNTABILITY over here and consider them this after- taining legislation requiring risk assessment ACT noon while we have time. We have and cost/benefit analysis. A sixth is legisla- quite a bit of time. It is 20 minutes to The PRESIDING OFFICER. Under tion limiting the creation of unfunded man- 4. We can consider several amend- the previous order, the Senate will now dates. ments. We have nothing pending at the resume consideration of S. 2, which the And a seventh is granting compensation moment. I urge my Democratic col- for victims of takings. That’s the key in our clerk will report. leagues to get them together and get private property battle. Make government The assistant legislative clerk read pay for what they take and they’ll take less as follows: over here. Thank you. or, better yet, they’ll stop taking. Or, if they The PRESIDING OFFICER. The Sen- A bill (S. 2) to make certain laws applica- take, we get fair market value. ble to the legislative branch of the Federal ator from Iowa. That’s seven goals for us to shoot for, by Government. Mr. GRASSLEY. Mr. President, let Easter. And we’ll work to get a 100 percent us take a look at the amendments that The Senate resumed consideration of income tax deduction for health insurance might be brought up. I hope they will premiums paid by the self-employed and ade- the bill. quate funding for new farm programs. Pending: not all be brought up: One by Senator BRYAN dealing with That will be enough on our plate for now, Ford/Feingold amendment No. 4, to pro- for these 100 days. Challenge and change. Op- hibit the personal use of accrued frequent pensions. One by Senator BYRD that is portunity and good fortune. The future is ex- flyer miles by Members and employees of the described as a relevant amendment. We citing. We are creating our own breaks. Bet- Congress. have four by Senator FEINSTEIN dealing ter prosperity beckons. But there’s more, with campaign finance reform. We have much more. The PRESIDING OFFICER. Now one by Senator FORD that is an amend- Innovations overtake us with dizzying pending before the Senate is amend- speed. And we accept and adapt them to our ment No. 4. ment pending dealing with frequent advantage. About the only thing old-fash- Mr. GLENN. Mr. President, we had flier miles. Also, another one described ioned about farmers today is our adherence this legislation on the floor last week, as a relevant amendment. We have a to our traditional values. of course, and continue it today. We manager’s amendment by our friend I recently came across a paragraph from will continue it tomorrow. The time is Senator GLENN. Senator GRAHAM, of the Durants’ 11-volume ‘‘Story of Civiliza- limited on this. Florida, has an amendment that is in tion.’’ I’ll quote the paragraph, not the 11 the process of being drafted of which volumes. ‘‘Civilization is a stream with I wanted to rise and let all the people banks. The stream is sometimes filled with watching in the offices, all the dif- we have no description. Senator KERRY blood from people killing, stealing, shouting ferent staffs, as well as the individual has an amendment dealing with leader- and doing things historians usually record Senators, know that it is my under- ship PAC’s and campaign fund conver- * * * While on the banks, unnoticed, people standing—and I ask my distinguished sion for personal use. Senator LAUTEN- build homes, make love, raise children, sing colleague from Iowa to comment on BERG has an amendment that is de- songs, write poetry and even whittle statues. this, too—it is my understanding that scribed as a relevant amendment. Sen- The story of civilization is the story of what ator LEAHY dealing with employment happened on the banks. Historians are pes- the majority leader has indicated that simists because they ignore the banks for he wished to end this bill, if at all pos- rights. Senator LEVIN, another one de- the river.’’ sible, by 7 o’clock tomorrow evening, scribed as relevant. Senator REID, de- Sometimes, we get awfully close to being Tuesday evening. scribed as relevant. And Senator like those historians. Still, even though agri- Now, I presume that is correct. I WELLSTONE has several, two that deal culture is so enmeshed in executive orders, know we will try to end by a certain with gift ban, three that deal with legislation, regulations and court rulings, we time. I was just told a few moments campaign finance reform, one with know there’s a lot more to life than making ago that the time expressed is 7 tomor- health care, and two described as rel- a living. It’s seeing seedlings push through the row evening. evant. crust * * * to unfold in a burst * * * Green That being the case, there are no I think that anybody in this body or rows stretching to the horizon. It’s seeing a amendments on the Republican side. anybody listening throughout the cow nuzzle and nudge her calf, to stand on its They are all on the Democratic. If we country would probably realize that own. It’s going to Saturday night church are to meet that deadline, it means each of these amendments, at least service so on Sunday morning we can see that people had better get their amend- those that we have a description of, are dawn break and contemplate God from our ments together and get them over here. legitimate subjects for discussion with- deer stand. It’s hurrying to finish chores so We have no time agreements at this in this body. Most of them—not all of we can go to another Farm Bureau meeting. It’s seeing the kids beam with pride as they point, so anyone can take up as much them—but most of them have already see their hog take a fourth-place ribbon, time as they want on the floor. been alluded to by the Senate majority even if there was only a class of four. But we do have a number of amend- leader by his saying that before just a There’s more to life than making a living. ments still pending, and if people ex- few short months are up, all of these is- Winston Churchill said we make a living pect to make certain of not getting fro- sues will be discussed. The issue of by what we get, but we make a life by what zen out with their proposals, then they gifts and the issue of lobbying reform we give. We know life and we call it farming. better get over here this afternoon. We have all been described by Senator And it’s what Farm Bureau is all about. We work to preserve the ideals we cherish, the will have some tomorrow morning. But DOLE, the majority leader, as issues life that others only dream about. people should be cognizant of the fact that he intends to give any Member of You and I, working together, can keep this that tomorrow is conference day also this body an opportunity to go as in- nation the country we want, the country we where we will be out of session tempo- depth as they want to on any of these fought for, the country we will always fight rarily, or in recess, from about 12:30 to issues. for. Our future is bright because of our faith, 2:15, so we lose a block of time in the So there is not any issue on this set our families and Farm Bureau. middle of the day. of pending amendments that will not As the country prepares for the 21st cen- tury, let us keep our principles in place for As I see it right now, with the num- have an opportunity to be discussed; in the 22nd. We face a different world, and you, ber of amendments still left, there is other words, it will have an oppor- working through Farm Bureau, can make a not going to be time for getting them tunity to be discussed the first half of difference. all in right now even if people started this year, for sure. S 622 CONGRESSIONAL RECORD — SENATE January 9, 1995 So I urge my colleagues who are very the last election, that this bill would next bill that will be coming up on the sincere about what they are trying to be No. 1 up on the floor of this body. floor of this body, so that we do not accomplish through these amendments So we have the Congressional Ac- make policy here in Washington and to maybe not offer these amendments countability Act, a bipartisan bill then make Governors and legislators on the bill that is before us. sponsored by myself and by Senator and mayors and councils raise their Then that brings me to further dis- LIEBERMAN of Connecticut, to carry on local taxes to pay for a policy we will cussion of the bill that is before us, be- from where the House left off, to end not pay for here in Washington. Then cause this is a bill that the people of this situation. We discussed this bill all we move on to a constitutional amend- this country have been demanding that day Thursday, all day Friday and today ment requiring a balanced budget, and we pass for quite a few years now, to is the third day. We are going to be on then move on to a line-item veto, wel- correct a situation where in this coun- it, as Senator DOLE said, until about 7 fare reform, then moving term limits try there are two sets of laws: One for o’clock tomorrow night when we hope for Members of Congress, tort reform, Capitol Hill and one for the rest of the to pass it. Four days to pass legislation and two or three other things such as country; one for Pennsylvania Avenue, that unanimously has passed the House tax relief and crime that we have a DC, and the other for Main Street, of Representatives and which everyone contract with America to pass within USA; where there is one set of laws for agrees is a situation that should be rec- the first few months. the Congress as an employer, or we in- tified. Then we have still the part of the dividual Senators and Congressmen But we have not spent much time in year, the spring, the summer and the and women as employers because we debate on the floor of this body dis- fall, when most of the work around hire staff, and another set of laws for cussing the merits of the legislation. here gets done in the late night hours. every other employer in America. We have had speeches by the Demo- Maybe we will not have to work so late There is one set of protections for peo- cratic manager, Senator GLENN, my- at night so long as we are working ple in the private sector whose employ- self, Senator LIEBERMAN, the main co- early in the year. sponsor, Members on both sides of the ees are protected by the employment, So I appreciate that scheduling and aisle gave some opening statements safety and civil rights laws, but no pro- that better management of the cal- about why they support the legislation tection, or very little protection, for endar. But there will be plenty of op- but no amendments to change the basic employees on Capitol Hill. portunities to deal with all these very legislation. We have a situation of one set of laws important amendments that my col- We had 6 or 7 amendments last week, applying to one part of the country and leagues want to offer to this bill even all of them tabled, unrelated amend- those laws not applying to Capitol Hill. though they are not relevant to the ments to the Congressional Account- Under the laws that apply outside Cap- bill. I hope we will see some of these ability Act that we had to deal with be- itol Hill, employers of America can be amendments not actually offered, and I cause under the rules of the Senate intimidated and harassed and fined and hope that we can get agreement to those amendments can be offered even maybe even put out of business by reg- time limits on these amendments when if they do not concern the subject mat- they will be offered. ulators and inspectors and various em- ter of the basic underlying legislation. ployees of Federal enforcement agen- I wish, as my good friend, Senator Again, I would say, as I said about GLENN, has already stated, Senators cies coming around to their place of the amendments that are pending, that business to enforce those laws; whereas would come over here and offer these might be offered yet today and tomor- amendments. we, as an institution of Congress and row, there was not a single issue that an employer and we as individual Sen- I am going to yield the floor, but be- has been offered by my colleagues that fore I do, Mr. President, I would like to ators—and we happen to be employers is not a legitimate subject for discus- have a section-by-section analysis of of staff—we do not have to worry about sion on the floor of this body. But the legislation that Senator LIEBERMAN that sort of intimidation and harass- again, whether those amendments were and I have introduced submitted and ment and fined by regulators coming Thursday or Friday or today and to- printed in the CONGRESSIONAL RECORD. around and inspecting our offices and morrow, they all fit into the category There being no objection, the mate- looking into our employment practices of issues that Senator DOLE is going to rial was ordered to be printed in the because we are not covered by those give everybody an opportunity to par- RECORD, as follows: laws. ticipate in the debate and bills where SECTION-BY-SECTION ANALYSIS We have a situation where the pri- those amendments are more germane SECTION 1—SHORT TITLE vate-sector employers understand that to the subject. intimidation and they understand the So I think, since there is not opposi- This act may be cited as the ‘‘Congres- sional Accountability Act of 1995’’. egregiousness and the cost of legisla- tion to the underlying legislation, we tion on their operation. We on Capitol ought to be able to just get this behind Title I—General Hill, because we have exempted our- us and move on and respond to what Section 101—Definitions selves from this series of legislation the people said in the election on No- This section defines terms used throughout since the 1930’s, do not know about vember 8; that they no longer wanted this act, as follows: that cost, do not know about the pay- business as usual in Washington, DC. (1) The term ‘‘Board’’ means the Board of ing a fine, do not know about the in- Directors of the Office of Compliance, which And there is no better example of busi- has authority under this act to promulgate timidation that the private sector ness as usual than for Congress to con- regulations for the implementation of the feels. tinue its exemption from employment laws made applicable by this act and to re- So for a long period of time—and I and safety and civil rights laws that view decisions of hearing officers in cases have been involved in sponsoring this apply to the rest of the Nation but brought under the dispute resolution process legislation for 7 or 8 years—but for a have not applied to us. created by this act. long period of time, people in the pri- The House has demonstrated, for (2) The term ‘‘Chair’’ means the Chair of vate sector, understanding the unfair- sure, it is not business as usual because the Board of Directors of the Office of Com- ness of the situation, the American pliance. they passed the bill with just a few (3) The term ‘‘covered employee’’ means people have asked Congress to end that minutes of discussion and unani- any employee of the House of Representa- situation of dual statutes. They have mously. I wish we could do as well in tives, the Senate, the Office of the Architect asked Congress to end the unfair situa- the Senate. It looks as if the legisla- of the Capitol, the Congressional Budget Of- tion where we have exempted ourselves tion will pass and we will end this dual fice, the Office of Technology Assessment, from this legislation. system of lawmaking, and end our ex- the Office of Compliance, the Capitol Police, The legislation that passed the House emptions, but it is just taking a little the Capitol Guide Service, or the Office of of Representatives did that. It passed bit longer than it should. the Attending Physician. It does not include employees of the General Accounting Office, unanimously in the other body. Sen- It is also important that we move on Library of Congress, or Government Printing ator DOLE made a commitment a long to other important pieces of legislation Office. time ago, after the Republicans had be- that are in the contract that we have (4) The term ‘‘employee’’ includes an appli- come the majority again as a result of with America: Unfunded mandates, the cant for employment and a former employee. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 623 (5) The term ‘‘employee of the Office of the Section 102(b) requires each committee re- Section 202—Rights and Protections Under Architect of the Capitol’’ means employees port accompanying a bill or joint resolution the Family and Medical Leave Act of the Office of the Architect, the Botanic relating to terms and conditions of employ- Family and medical leave. This section Garden, or the Senate restaurants. ment or access to public services or accom- provides employees with the rights to family (6) The term ‘‘employee of the Capitol Po- modations to describe the manner in which and medical leave provided to private em- lice’’ includes any member or officer of the the bill applies to Congress. In the event the ployees under sections 101 through 105 of the Capitol Police. provision is not applicable to Congress, the Family and Medical Leave Act of 1993. For (7) The term ‘‘employee of the House of report will contain a statement of reasons purposes of applying those sections, the term Representatives’’ means an individual occu- for its inapplicability. If such requirement is ‘‘eligible employee’’ as used in the Family pying a position the pay for which is dis- not followed, it shall not be in order for ei- and Medical Leave Act is defined so that a bursed by the Clerk of the House of Rep- ther House to consider the bill. On a major- covered employee within the Senate, the resentatives, or other official designated by ity vote of that House, this point of order House of Representatives, or of the Congres- the House of Representatives, or any em- can be waived. sional instrumentalities covered by this act, ployment position in an entity that is paid earns his or her entitlement to family and Title II—Extension of Rights and Protections through funds derived from the Clerk-hire al- medical leave without respect to transfers lowance of the House of Representatives, but Section 201—Rights and Protections Under between employing offices. For example, not any such individual employed by the Laws Against Employment Procedures once an employee has been a covered em- Capitol Police Board, the Capitol Guide ployee for at least twelve months, and works Civil Rights. Section 201(a) sets forth the Board, the Office of the Attending Physician, for at least 1250 hours during the previous basic rights to freedom from employment the Congressional Budget Office, Office of twelve months, he or she is an eligible em- discrimination on the basis of race, color, re- Technology Assessment, or the Office of the ployee for purposes of family and medical ligion, sex, national origin, age, handicap, or Architect of the Capitol. leave, irrespective of whether he or she disability, that are extended to all employ- (8) The term ‘‘employee of the Senate’’ changes employing offices. ees covered under this act. By defining the means, any individual whose pay is disbursed This section makes title I of the Family rights guaranteed under this act by reference by the Secretary of the Senate, excluding and Medical Leave Act, rather than title II, to existing statutes, the Act incorporates such individuals employed by the Capitol Po- applicable to the General Accounting Office the interpretations of those rights as devel- lice Board, the Capitol Guide Board, the Of- and the Library of Congress, beginning one oped in case law. fice of the Attending Physician, Office of year after the date of completion of the Applicable remedies. In addition to setting Technology Assessment, Office of Compli- study referred to in section 230. forth the rights to freedom from employ- ance, or the Office is of the Architect of the Applicable remedies. The remedies for a ment discrimination, this section (in sub- Capitol. violation of the rights conferred by this sec- section (b)) sets forth the remedies available (9) The term ‘‘employing office’’ means a tion are the same remedies that would be to employees who prove a violation of those personal office of the Member of the House of available to a private employee under sec- rights in proceedings before hearing officer, Representatives or the Senate, or joint of- tion 107(a)(1) of the Family and Medical or in Federal district court. With respect to fice, or any office under the authority of an Leave Act of 1993 (29 U.S.C. § 2617(a)(1), which claims of discrimination on the basis of race, individual who has final authority to ap- includes damages, liquidated damages and color, religion, sex, or national origin, the point, hire, discharge, or set the terms of interest, attorney’s fees, and costs. The rem- remedies are those that would be available employment of an employee, as well as con- edies and protections under this act provide to private employees under sections 706(g) tractors and consultants. The office of com- rights over a one year period. Accordingly, and 706(k) of title VII (42 U.S.C. § 2000e–5(G), pliance created by this act will issue rules the Board is to ensure that the six month 2000e–5(k)), including reinstatement, back concerning the ‘‘employing office’’ of minor- statute of limitations that applies under this pay, and attorney’s fees. For these claims, ity staff of committees. act is applied in such a way as to ensure the the Act incorporates the waiver of sovereign (10) The term ‘‘Executive Director’’ means possibility that employees will have six immunity from interest for delay in pay- the Executive Director of the Office of Com- months to seek to redress violations of any ment that applies to the executive branch pliance. rights conferred by the Family and Medical under section 717(d) of title VII (42 U.S.C. (11) The term ‘‘general counsel’’ means the Leave Act. § 2000E–16(d)), as provided in section 225(b). general counsel of the Office of Congres- Under this section, and various other sec- Employees are also entitled to compensatory sional Fair Employment Practices. tions of the bill, the Board is given authority damages available under section 1977 and (12) The term ‘‘Office’’ means the office of to issue regulations to enforce the Family sections 1977(A)(a) and (b)(2) of the revised compliance. and Medical Leave Act. Such regulations statutes (42 U.S.C. § 1981, 1981A(a), (b)(2)). shall be the same as the substantive regula- Section 102—Application of Laws Damages under title VII may not exceed, for tions issued by the Secretary of Labor to im- Section 102(a) enumerates the statutes, as each employee, and without regard to the plement the statutory provisions referred to prescribed by this act, that are made appli- size of the employing office, $300,000, the in subsection (a), except insofar as the Board cable to the legislative branch. These are (1) same maximum figure that applies to large may determine, for good cause shown and the Fair Labor Standards Act of 1938; (2) private employers. stated together with the regulation, that a Title VII of the Civil Rights Act of 1964; (3) With respect to age discrimination claims, modification of such regulations would be the Americans with Disabilities Act of 1990; employees are entitled to the same remedies more effective for the implementation of the (4) Age Discrimination in Employment Act as are available under section 15(c) of the rights and protections under this section. of 1967; (5) Family and Medical Leave Act of Age Discrimination in Employment Act (29 ‘‘Good cause’’ is a term of art in the Ad- 1993; (6) Occupational Safety and Health Act U.S.C. § 633a(C)) available to Federal employ- ministrative Procedures Act. This is a nar- of 1970; (7) Federal Service Labor Manage- ees who prove age discrimination. The waiv- row phrase. It does not provide an escape ment Relations Act; (8) Employee Polygraph er provisions of section 7(f) of that Act also hatch for the Board to deviate from execu- Protection Act of 1988; (9) Worker Adjust- apply to covered employees. 29 U.S.C. 626(f). tive branch regulations except for substan- ment and Retraining Notification Act; (10) In regard to claims of discrimination on the tial justification. I expect courts to interpret Rehabilitation Act of 1973; (11) Veterans Re- basis of handicap within the meaning of sec- the term ‘‘good cause’’ narrowly here, just as employment Act. tion 501 of the Rehabilitation Act of 1973 (29 they have done with respect to the equiva- Section 102(b) requires the Board of review U.S.C. § 791), employees are entitled to the lent term in the Administrative Procedures statutes and regulations relating to the same remedies as are available to Federal Act. terms and conditions of employment and ac- employees under section 505(a)(1) of that act Effective date. This section is effective one cess to public services and accommodations. (29 U.S.C. § 794a(a)(1)), as well as the compen- year after the enactment of this act. Beginning on December 31, 1996, and every 2 satory damages provisions described above years thereafter, the Board is to report on under Title VII. For claims of discrimination Section 203—Rights and Protections Under whether these provisions apply to the legis- on the basis of disability within the meaning the Fair Labor Standards Act lative branch, and to what degree, and of sections 102–104 of the Americans With Minimum wage, maximum hours, and whether provisions inapplicable or less than Disabilities Act of 1990, employees are enti- equal pay. This section provides employees fully applicable should be changed to govern tled to the remedies as are available under with rights to minimum wage, equal pay, Congress. Thus, the Board will review laws section 107 of that Act (42 U.S.C. § 12117(a)), maximum hours, afforded private and other already in existence at the time of enact- as well as the title VII compensatory dam- public employees under sections 6(a)(1), 6(d), ment that are not addressed or fully ad- ages. 7 and 12(c) of the Fair Labor Standards Act dressed by this act, and will, in the future As under current law with respect to Fed- (29 U.S.C. §§ 206(a)(1), 206(d), 207, 212(c). As in consider as well legislation enacted after the eral employees, punitive damages are not the private sector, employees may not be enactment of this act. Each report will be available for any claims under this section. provided compensatory leave in lieu of over- printed in the CONGRESSIONAL RECORD and Section 201 is also made applicable to in- time compensation. For the purposes of this referred to the House of Representatives and strumentalities of Congress. section, the term ‘‘covered employee’’ does Senate committees of appropriate jurisdic- Effective date. This section is effective one not include an intern as defined by regula- tion. year after enactment. tion. S 624 CONGRESSIONAL RECORD — SENATE January 9, 1995 The exemptions for certain employees, set transmission to Congress of the study au- Board may determine, for good cause shown, forth in section 13(a)(1) of the Fair Labor thorized in section 230. that a modification of such regulations Standards Act of 1938 (29 U.S.C. § 213(a)(1)), Section 205—Rights and Protections Under would be more effective for the implementa- also apply under this act. Employees who are the Worker Adjustment and Retraining tion of the rights and provisions under this employed in a ‘‘bona fide executive, adminis- Notification Act section. trative, or professional capacity’’ are not The effective date of this section is one This section provides that no employing covered by the minimum wage and maxi- year after enactment of this act, except as to office shall be closed or a mass layoff ordered mum hours provisions. Volunteers are also the General Accounting Office and Library of within the meaning of section 3 of the Work- excluded from coverage if they receive no Congress, where the effective date shall be er Adjustment and Retraining Notification compensation or are paid expenses, reason- one year after transmittal to Congress of the Act (29 U.S.C. 1202) until the end of a 60-day able benefits, or a nominal fee for their serv- study authorized under section 230. period after the employing office serves writ- ices, and such services are not the same type ten notice of such prospective closing or lay- Section 207—Prohibition of Intimidation of of services for which the individual is em- off to representatives of covered employees Reprisal ployed. or, if there are no representatives, to covered This section provides one uniform remedy Applicable remedies. The remedies for a employees. For purposes of this section, the for intimidation or reprisal taken against violation of the rights conferred by this sec- term ‘‘covered employee’’ includes employ- covered employees for exercising rights and tion shall be the remedies that would be ees of the General Accounting Office and Li- pursuing remedies of violations for the viola- available to other employees under section brary of Congress and the term ‘‘employing tion of rights conferred by this act. Under 16(b) of the Fair Labor Standards Act of 1938 office’’ includes the General Accounting Of- this section, it is unlawful for an employing (29 U.S.C. § 216(b)), which includes unpaid fice and Library of Congress. office to take reprisal against, or otherwise minimum or overtime wages, liquidated The remedies available for a violation of discriminate against, any covered employee damages, attorney’s fees, and costs. the rights conferred by this section shall be because the covered employee has opposed Regulations issued by the Board. This sec- such remedy as would be appropriate under any practice made unlawful by this act, or tion also directs the Board to promulgate paragraphs (1), (2), and (4) of section 5 of the because the covered employee has initiated rules, pursuant to section 304 of this act, Worker Adjustment and Retraining Notifica- proceedings, made a charge, or testified, as- that are necessary to implement the rights tion Act (29 U.S.C. 2104(a) (1), (2), (4)). Under sisted, or participated in any manner in a and protections under this section. This this statute, a specific rule affecting cov- hearing or other proceeding under this act. would include rules on what employees are erage is contained in section 225(f)(2). The remedy available for a violation of this exempt from the minimum wage and maxi- The Board shall issue regulations pursuant subsection shall be such legal or equitable mum hours requirements, the definition of to section 304 to issue regulations to imple- remedy as would be appropriate. an intern, and which employees’ work de- ment this section. These regulations shall be pends directly on the schedule of the House Section 210—Rights and Protections Under the same as substantive regulations promul- of Representatives and Senate. ‘‘Directly’’ is the Americans With Disabilities Act gated by the Secretary of Labor to imple- to be strictly limited to those employees This section applies the protections of title ment the statutory provisions referred to in who are essentially floor staff. Regulations II and III of the Americans With Disabilities subsection (a) except insofar as the Board issued by the Board are to be the same as Act, which concern rights other than em- may determine, for good cause shown, that a substantive regulations issued under the ployment discrimination, to each office of modification of such regulations would be Fair labor Standards Act by the Secretary of the Senate, each office of the House of Rep- more effective for the implementation of the Labor, unless the Board determines that a resentatives, each Joint Committee, the Of- rights and protections under this section. different rule would be more effective for im- fice of the Architect, the Capitol Guide This section is effective one year after the plementation of the rights and protections of Board, Capitol Police Board, Congressional date of enactment of this act, except in the this act. Budget Office, Office of Technology Assess- case of the General Accounting Office and ment, Office of Compliance, and Office of the Effective date. Subsections (a) and Library of Congress, where the effective date Attending Physician. It prohibits discrimi- (b) of this section are effective one will be one year after transmission to the nation in the provision of public services on year after enactment of this act. Congress of the study provided for in section the basis of disability, within the meaning of 230. Section 204—Rights and Protections Under sections 201 through 230, 302, 303, and 309 of the Employee Polygraph Protection Act of Section 206—Rights and Protections Relat- the Americans With Disabilities Act of 1990 1988 ing to Veterans’ Employment and Reem- (42 U.S.C. § 12131–12150, 12182–83 and 12189). Under this section, no employing Office, ir- ployment For purposes of the application of the Ameri- respective of whether a covered employee This section prohibits an employing office cans With Disabilities Act under this sec- works in that Office may require a covered from (1) discriminating, within the meaning tion, the covered congressional entities are employee to take a lie detector test where of subsections (a) and (b) of section 4311 of deemed to be public entities. such a test would be prohibited if required title 38, United States Code, against an eligi- The protection afforded by this section ap- under paragraphs (1), (2), or (3) of section 3 of ble employee; (2) denying an eligible em- plies to any individual with a disability as the Employee Protection Act of 1988 (29 ployee reemployment rights within the defined in section 201(s) of the Americans U.S.C. 2002 (1), (2), (3). For purposes of this meaning of sections 4312 and 4313 of title 38, With Disabilities Act of 1990 (42 U.S.C. section, the term ‘‘covered employee’’ in- United States Code; or (3) denying an eligible § 12131(2)). However, with respect to any cludes the employees of the General Ac- employee benefits within the meaning of sec- claim of employment discrimination on the counting Office and Library of Congress. The tions 4316, 4317, and 4318 of title 38, United basis of disability made by any employee term ‘‘employing Office’’ includes the Gen- States Code. For purposes of this section, the covered under this act, the exclusive remedy eral Accounting Office and Library of Con- term ‘‘eligible employee’’ means a covered shall be under section 201 of this act. gress. However, nothing in this section pre- employee performing service in the uni- Applicable remedies. The remedies for dis- cludes the Capitol Police from using lie de- formed services, within the meaning of sec- crimination in public services prohibited by tectors in accordance with regulations issued tion 4303(13) of title 38, United States Code, this section shall be the remedies that would under subsection (c). whose service has not been terminated upon be available under section 203 or 308(a) of the The remedies available for a violation of occurrence of any of the events enumerated Americans With Disabilities Act of 1990 (42 this section are the appropriate remedies in section 4304 of title 38, United States U.S.C. §§ 12133, 12188(a)). Section 203 and under section 6(c)(1) of the Employee Poly- Code. For purposes of this section, the term 308(a) of the ADA incorporates the remedies graph Protection Act of 1988 (29 U.S.C. ‘‘covered employee’’ includes employees of under section 505 of the Rehabilitation Act 20005(c)(1). In addition, the waiver provisions the General Accounting Office and Library of of 1973 (29 U.S.C. 794A). This includes equi- of section 6(d) of the act (29 U.S.C. 2005(d)) Congress, and the term ‘‘employing office’’ table relief, attorneys fees, and costs. It does shall apply. includes the General Accounting Office and not include the remedial procedures de- The Board is empowered to issue regula- the Library of Congress. scribed in section 717 that involves the Equal tions to implement this section under sec- The remedy available for violation of this Employment Opportunity Commission, tion 304 of this act. These regulations shall section shall be the remedies available under which is not provided any enforcement au- be the same as substantive regulations is- paragraphs (1), (2)(A), and (3) of section thority under this act. Nor does it include sued by the Secretary of Labor to implement 4323(c) of chapter 43 of title 38, United States the provisions in title III of the Americans the underlying statute, except insofar as the Code. These remedies shall be in addition to, With Disabilities Act that enable the Attor- Board may determine, for good cause, that a and not substitutes for, any existing rem- ney General to seek monetary damages in modification of such regulations would be edies available to covered employees under particular cases. more effective for the implementation of the chapter 43 of title 38, United States Code. Procedures for enforcement. Under this rights and protections under this section. The Board, pursuant to section 304, shall section, a qualified individual with a disabil- The effective date for this section is one issue regulations to implement this section. ity who alleges a violation under this section year after the date of enactment of this act, These regulations shall be the same as sub- may file a charge with the general counsel of except with respect to the General Account- stantive regulations issued by the Secretary the office of compliance. The general counsel ing Office and Library of Congress, for which of Labor to implement the underlying statu- shall investigate any such charge and, if the the effective date shall be one year after the tory provisions except to the extent that the general counsel believes that a violation January 9, 1995 CONGRESSIONAL RECORD — SENATE S 625 may have occurred and that mediation may cised by the Chief Official of the Instrumen- which citations have been issued are vested aid in resolving the dispute, the general tality. in the general counsel. The citation would counsel may request mediation with the Of- Effective date. This section is effective on normally state a date by which corrective fice under section 403 of this act between the January 1, 1997, except as to the private action is to be completed. The citation is to complaining individual and the entity al- right of action against the instrumentalities, be issued only against the employing office leged to have committed the violation. The which is effective one year after transmittal that is responsible for the particular viola- general counsel does not participate in the to Congress of the study provided for in sec- tion as determined by regulations issued by mediation. tion 230. the Board. The general counsel may also If the dispute is not resolved through medi- Section 215—Rights and Protections Under issue a notification to any employing office ation, and the general counsel believes that the Occupational Safety and Health Act; that the general counsel believes has failed a violation has occurred, the general counsel Procedures for Remedy of Violations to correct a violation for which a citation may, in his or her discretion, file a com- has been issued within the period permitted plaint against the entity with the Office. Or- Protections from workplace hazards. This section requires employees and employing for its correction. dinarily, once the general counsel concludes If after issuing a citation or notification, that a violation has occurred, a complaint offices to comply with the provisions of sec- tion 5 of the Occupational Safety and Health the general counsel determines that a viola- should be filed; however, in a particular case, tion has not been corrected, the general circumstances, such as the de minimis na- Act of 1970 (29 U.S.C. § 654). Section 5 requires each employer to furnish employees a work- counsel may file with the Office of Compli- ture of the violation, may warrant a decision ance a complaint against the employing of- not to file a complaint. place free from recognized hazards that are fice named in the citation or notification. The Office shall submit the complaint to a causing or likely to cause death or serious Under OSHA, the general counsel can issue a hearing officer for decision under section 405. physical harm and requires both employers citation and proceed to file a complaint if Any person who has filed a charge under this and employees to comply with the Occupa- the violation remains unabated. Or the gen- section may intervene as of right, with the tional Safety and Health Standards promul- full rights of a party. This procedure is es- gated by the Secretary of Labor under sec- eral counsel may file a notification after the tablished so that this individual may partici- tion 6 of that act (29 U.S.C. § 655). The re- citation is not complied with, and then file a pate in developing the record for appeal in quirement that employers and employees complaint. The general counsel may not file the event that the general counsel does not comply with the Secretary of Labor’s stand- a notification without having first filed a ci- participate in the judicial appeal. ards is subject to variance granted under tation that has not been honored. The choice Any party (including the complaining subsections (c)(4) and any regulations pro- whether to follow a citation with a com- party who has intervened) aggrieved by a mulgated by the Board under subsection (d). plaint once it is evident that there has not final decision of a hearing officer under this For purposes of this section, the term ‘‘em- been compliance, or to file a notification be- section may seek review of the decision by ployer’’ as used in the Occupational Safety fore the filing of the complaint, will nor- the Board. Any party aggrieved by a final de- and Health Act means an employing office mally turn on whether the general counsel cision of the Board may file a petition for re- and the term ‘‘employee’’ means a covered believes that good faith efforts are being un- view with the United States Court of Appeals employee. For purposes of this section, the dertaken to comply with the citation, but for the Federal Circuit, pursuant to section term ‘‘employing office’’ includes the Gen- the time period for complete remediation of 407 of this act. This section authorizes judi- eral Accounting Office and Library of Con- the citation period has expired. The Office cial review only of a final decision of the gress, and the term ‘‘employee’’ includes em- shall submit the complaint to a hearing offi- Board. Decisions of the general counsel not ployees of the General Accounting Office and cer subject to Board review under the gen- to file a request for mediation or a com- Library of Congress. eral provisions of the Act outlining those plaint, or not to appeal a hearing officer’s Applicable remedies. The remedy available procedures. decision to the Board, are not subject to ju- for violations under this section are an order Variances. The Board shall exercise the au- dicial review under this section or under any to correct the violation, including such an thorities granted the Secretary of Labor in other provision of this Act. order as would be appropriate under section sections 6(b)(6) and 6(d) of OSHA (29 U.S.C. Regulations to be issued by the Board. 11 of the Occupational Safety and Health Act § 655(b)(6) and (d)) to act on any request by an This section directs the Board to issue rules of 1970 (29 U.S.C. § 662), which include cita- employer for a temporary order granting a pursuant to Section 304 of this Act, to imple- tions issued by the general counsel. variance from a standard made applicable by ment the rights and protections under this Procedures for enforcement. The respon- subsection (a). The Board may refer such a section. Any such rules are to be consistent sibilities for enforcement of this section are request to a hearing officer for a hearing with the regulations issued by the Attorney vested in the general counsel rather than the conducted in accordance with section 405 of General and the Secretary of Transportation Secretary of Labor. The Board is given the this act and subject to review under section to implement the provisions of the Ameri- responsibility to conduct hearings and re- 406 of this act. The general counsel or em- cans with Disabilities Act of 1990 referenced view orders that is vested in the Occupa- ploying office aggrieved by a final decision of in section 210(b) of this Act. The Board may tional Safety and Health Review Commis- the Board regarding a citation, notification, promulgate rules that differ from those of sion under section 10(c) of OSHA (29 U.S.C. or variance, may file a petition for review the Attorney General and the Secretary of § 659(c)) and to the Secretary of Labor with with the United States Court of Appeals for Transportation only if the Board determines respect to affirming or modifying abatement the Federal Circuit pursuant to section 407. for good cause shown that a modification requirements, to hear objections and re- Compliance date. If a citation of a viola- would be more effective for the implementa- quests with respect to citations and notifica- tion under OSHA is received, and appro- tion of the rights and protections under this tions. The remedy available under this act priated funds are necessary to abate the vio- section. for a violation of OSHA is an order to correct lation, abatement shall take place as soon as Inspections, reporting, and detailees. This the violation, including such order as would possible, but no later than the fiscal year fol- section also provides for regular inspections be appropriate if ordered under section 13(2) lowing the fiscal year in which the citations by the General Counsel of the covered enti- of the Occupational Safety and Health Act of are issued. This permits the Congress to ap- ties to ensure that they are in compliance 1970. propriate funds to remedy OSHA violations with the requirements of this section. The Inspections. With respect to inspections, during the standard appropriations time- general counsel is directed to report at least the authorities granted to the Secretary of table where the abatement amount is large, once each Congress to the Speaker of the Labor in sections 8(a) and 8(f) of OSHA (29 and avoids disruptions to other functions of House of Representatives and the President U.S.C. §§ 657(a), (f)) to inspect and investigate the employing office caused by the unantici- pro tempore of the Senate on the results of places of employment are to be exercised by pated need for additional expenditures. the inspections and to describe any steps the general counsel. Under this section, Regulations issued by the Board. The necessary to ensure full compliance with this there are two possible scenarios under which Board shall promulgate regulations to imple- section. inspections will occur: through employee- ment this section. Such regulations shall be Under this section, the Attorney General, initiated requests that the general counsel the same as the standards and regulations the Secretary of Transportation, and the Ar- inspect particular offices and periodic in- promulgated by the Secretary of Labor to chitectural and Transportation Barriers spections of all congressional facilities. The implement OSHA with the same standard for Compliance Board may, upon the request of general counsel exercises OSHA authority deviation contained elsewhere in the act. the general counsel, detail such personnel as with respect to both employee requested and Periodic inspections. At least once each may be necessary to advise and assist the Of- periodic inspections. Periodic inspections are Congress, the general counsel shall conduct fice in carrying out its duties under this Sec- random. Each facility is to be inspected each periodic inspections of all facilities of the tion. Congress. However, the act does not provide Congress for compliance with the Occupa- A private right of action is provided to any that employing offices are to receive notice tional Safety and Health Act. Based on the qualified person under the Americans with of the inspections. result of each periodic inspection, the gen- Disabilities Act against the General Ac- Citations. With respect to citations, the eral counsel will prepare and submit a report counting Office, the Government Printing authorities granted to the Secretary of to the House Speaker, Senate President pro Office, and Library of Congress. However, the Labor in sections 9 and 10 of OSHA (29 U.S.C. tempore, and the employing office respon- enforcement authority of the Equal Employ- § 658, 659) to issue citations for violations or sible for correcting the violation. The report ment Opportunity Commission shall be exer- notices of failure to correct violations for will also contain the results of the periodic S 626 CONGRESSIONAL RECORD — SENATE January 9, 1995 inspection, identify the responsible employ- shall be submitted to a hearing officer for in subsection (e)(2), to the covered employees ing office, describe the actions necessary to decision under section 405 of this act. of such offices, and to representatives of correct any violation, and assess the risks to For purposes of applying the Federal serv- such employees, for which subsections (a) employee health and safety associated with ice labor-management relations provisions and (b) shall be effective on the effective any violation. If a report identifies any vio- under this section, the Board shall exercise date of regulations issued under subsection lation, the general counsel shall issue a cita- the authority of the Federal service impasses (e). tion or notice. The general counsel may be panel under 5 U.S.C. § 7119. Any request that PART E—GENERAL assisted by personnel detailed from the Sec- under those provisions would be presented to the Federal service impasses panel shall, if Section 225—Generally Applicable Remedies retary of Labor, upon request of the execu- and Limitations tive director for such assistance. made under this section, be presented to the The bill uses the terms ‘‘employing office’’ Board. At the request of the Board, the di- Under subsection 225(a), if a complainant is as a designative term referring to an office. rector shall appoint a mediator or mediators a prevailing party under section 405, 406, 407, There is no requirement that the employing to perform the functions of the Federal serv- or 408, the hearing officer, Board, or court, as office responsible for the violation actually ice impasses panel under 5 U.S.C. § 7119. Ordi- the case may be, may award attorney’s fees, be the employing office of the employee that narily, the Board should request the appoint- expert witness fees, and other costs as would makes the complaint, for instance. ment of a mediator and should avoid partici- be appropriate if awarded under section Effective date. The period from the date of pating in the mediation of disputes for which 706(k) of the Civil Rights Act of 1964. Al- enactment until December 31, 1996 shall be it may have adjudicatory responsibilities. though the Board has no authority to issue Regulations to be issued by the Board. The regulations under section 201, it does have available to the Office of the Architect of the Board shall promulgate regulations to imple- the ability under section 303 to issue proce- Capitol to identify any OSHA violations, de- ment this section. The rules promulgated dural rules. Such rules could govern the termine costs of compliance, and to take any under this section shall be the same as the availability of fees and costs under section necessary abatement actions. The general rules promulgated by the Federal labor rela- 706(k), so long as the rules were consistent counsel shall conduct a thorough inspection tions authority to implement 5 U.S.C. §§ 7102, with court cases interpreting the Civil prior to July 1, 1996, and report the results to 7106, 7111 through 7117, 7119 through 7122, and Rights Act. For example, some courts have the Congress. Except as to GAO and Library 7131. The Board may promulgate rules that held that the amount of compensatory dam- of Congress, this section will become effec- are not the same as the rules of the Federal ages a prevailing party recovers is relevant tive on January 1, 1997. As to these instru- labor relations authority only under the to determine a reasonable fee award, and mentalities, this section will take effect 1 standard provided as elsewhere in the act, that recovery of only a portion of the com- year after transmission to Congress of the except as provided in subsection (e). pensatory damages request can form the study provided for in section 230. The Board shall issue rules pursuant to the basis for reducing the fee award. Other Section 220—Application of Federal Service rulemaking provisions of section 304 of this courts have held that proportionality cannot Labor-Management Relations Statute; act on the manner and extent to which the be considered in awarding attorney’s fees. rights conferred by this section should apply Procedures for Implementation and En- Given the conflict among the cases, the to employees who are employed in positions forcement Board could decide which set of cases to fol- in offices with a direct connection to the leg- low when it issues its regulations. Labor-management relations. This section islative process, including the personal office Subsection (b) provides that in any pro- applies to employees and employing offices of any Member of the House or the Senate, a ceeding under section 405, 406, 407, or 408, the the rights, protections, and responsibilities standing, select, special, permanent, tem- same interest to compensate for delay in relating to collective bargaining established porary, or other committee of the Senate or payment shall be made available as would be for other Federal employees and employers the House, a joint committee of Congress, appropriate in actions involving the execu- under 5 U.S.C. §§ 7102, 7106, 7111 through 7117, and the offices of various party officers, in- tive branch under section 717(d) of the Civil 7119 through 7122, and 7131. For purposes of cluding the Office of the Majority and Minor- Rights Act of 1964. This is an explicit waiver applying those provisions under this section, ity Leaders of the Senate and the House of of sovereign immunity as to these interest the term ‘‘agency’’ shall be deemed to mean Representatives. These rules should be the payments. Subsection (c) provides, in keep- an employing office. same as the regulations of the Federal labor ing with longstanding rules applicable to the The remedy for a violation of subsection relations authority except to the extent that Federal Government, that no civil penalty or (a) shall be a remedy under section 7118(a)(7) the Board may determine, for good cause punitive damages may be awarded with re- of title 5 of the United States Code as would shown and stated together with the regula- spect to any claim under this act. be appropriate if awarded by the Federal tion, that a modification of such regulations Subsection (d) provides that except in Labor Relations Authority to remedy a vio- would be more effective for the implementa- cases under the Veterans Reemployment lation of any provision made applicable by tion of the rights and protections under this Act, no person may commence an adminis- subsection (a). section; and that the Board shall exclude trative or judicial proceeding to seek a rem- In applying the Federal service labor-man- from coverage any covered employees who edy for the rights and protections afforded agement relations provisions to employees are employed in the offices listed in para- by this act except as provided in this act. and employing offices, the Board shall exer- graph 2 of subsection (e) if the Board deter- Subsection (e) provides that only a covered cise the authorities of the Federal Labor Re- mines that such exclusion is required be- employee who has undergone and completed lations Authority under 5 U.S.C. §§ 7105, 7111 cause of a conflict or appearance of a con- the procedures described in section 402 and to 7113, 7115, 7117, 7118, and 7122 and of the flict of interest, or Congress’ constitutional 403 may pursue a civil action in court. Coun- President under 5 U.S.C. § 7103(b). Any peti- responsibilities. Paragraph (h) of subsection seling and mediation with the office are pre- tion or other submission that would be sub- (e) should be construed narrowly. However, conditions to bringing any civil action under mitted to the Federal Labor Relations Au- one portion of one office that might fall this act. thority shall, under this section be submit- within this paragraph would be the employ- Subsection (f) states that except where ted to the Board. ees of the Office of the Sergeant at Arms who contrary exemptions and exemptions appear The Board may refer any matter submitted engage in doorkeeping and maintaining in this act, the definitions and exemptions in to it under subparagraph (c)(1) of this section order in the legislative Chamber and who the laws made applicable by this act shall to a hearing officer for decision pursuant to compel the presence of absent Senators. apply under this act. This means that al- section 405 of this act. The Board may direct A conflict of interest would include, for ex- though the various 11 laws are made applica- that the general counsel carry out the ample, whether certain classes of employees ble to Congress, the exemptions and defini- Board’s investigative authorities. should be precluded from being represented tions that limit its application in the private Procedures. Under this section, the general by unions affiliated with noncongressional or sector limit its applicability to Congress as counsel shall exercise the authorities of the non-Federal unions. This separate standard well and that regulations of the executive general counsel of the Federal Labor Rela- from deviation from regulations is not a branchinterpreting those definitions and ex- tions Authority under 5 U.S.C. §§ 7104 and standardless license to roam far afield from emptions should ordinarily apply. 7118. Any charge or other submission that, if such executive branch regulations. The Subsection (g) states that the act shall not submitted under chapter 71 of title 5 would Board cannot determine unilaterally that an be construed to authorize enforcement by be submitted to the general counsel of the insupportably broad view of Congress’ con- the executive branch of this act, but this Federal Labor Relations Authority shall, if stitutional responsibilities means that no does not override the provision that execu- brought under this section, be submitted to unions of any kind can work in Congress. tive branch employees may be detailed to the general counsel. If any person charges an Without abdicating its review responsibil- the Office of Compliance at the request of employing office or a labor organization rep- ities, however, courts should give more def- the executive director. resenting employees with having engaged in erence to congressional determinations an unfair labor practice in violation of this under this particular regulatory area than to Section 230—Study and Recommendations section within 180 days of the occurrence of all other deviations from executive branch Regarding General Accounting Office, Gov- the alleged unfair labor practice, the general regulations made by the Board. ernment Printing Office, and the Library counsel shall investigate the charge, and Effective date. Subsections (a) and (b) of of Congress may issue a complaint. A complaint issued this section shall be effective on October 1, This section directs the Administrative by the general counsel under this section 1996, except with respect to the offices listed Conference of the United States to study the January 9, 1995 CONGRESSIONAL RECORD — SENATE S 627 extent to which the legislative branch em- persons dissatisfied with a particular deci- It is also to provide educational materials on ployees not covered under this act are or are sion, the process for the selection of the the statutes made applicable to Congress by not covered by the employment laws made Board members must be fully bipartisan. To this act to employing offices for new employ- applicable by this act. This primarily in- accomplish this, the appointment of mem- ees. The office shall also compile and publish cludes employees in the General Accounting bers is jointly made between the Houses and statistics on the use of the office by covered Office, the Government Printing Office, and between the parties. Accordingly, the mem- employees, including the number and types the Library of Congress The Administrative bers shall be appointed jointly by the Speak- of contacts made with the office, on the Conference should study the manner and ex- er of the House, majority leader of the Sen- number of covered employees who initiated tent to which these employees are covered ate, and the minority leader of both Houses. proceedings under the act, as well as the under existing laws, and should also study The chair of the Board shall also be ap- number of employees who filed a complaint, the regulations and procedures implemented pointed jointly. Appointment of the first 5 the basis for the complaint, and its disposi- by these congressional instrumentalities to members of the Board shall be completed not tion. In light of the confidentiality of the provide for the enforcement of these rights later than 90 days after the date of enact- proceedings in the administrative process, and protections. ment. this information should be compiled in a This study should evaluate not only the There are certain disqualifications from manner that does not reveal the identity of extent to which employees are provided the service as a Board member. No lobbyist may particular employees or employing offices. rights and protections of the laws made ap- serve. No Board member may be a Member of The Board and office shall be subject to plicable to Congress in this act. But also Congress or a former Member. Nor may a oversight by the Committee of rules and Ad- whether they are as comprehensive and ef- Board member be an officer or employee of ministration and the Committee on Govern- fective as those provided under this act. The the House, Senate, an instrumentality of mental Affairs of the Senate and the Com- study should include recommendations for Congress, except an officer or employee of mittee on House Oversight of the House of legislation to extend or improve coverage as the GAO Personnel Appeals Board, House Of- Representatives. Oversight authority of well as recommended improvements in regu- fice of Fair Employment Practices, or the lations or procedures. Recommendations for Senate Office of Fair Employment Practices, these committees does not extend to the legislation may include recommendations on or a former holder of one of these positions processing, consideration, or disposition of clarifying existing legislation where cov- within 4 years of the date of appointment. individual cases or the unwillingness of the erage of legislative branch employees is am- These requirements are critical because the general counsel to file a complaint regarding biguous, or can be determined only by un- office must, in both appearance and reality, particular charges within his or her respon- duly complex parsing of a number of laws. be independent in order to gain and keep the sibility. The Administrative Office shall submit the confidence of the employees and employers The office is to open within 1 year after en- study and recommendations required under who will utilize the dispute resolution proc- actment of this act. This will provide suffi- this section to the Board within 2 years after ess created by this act. cient time for the Board members to be se- enactment of this act. The Board shall trans- Vacancies on the Board are to be filed in lected, the regulations to be issued, and the mit the study and recommendations head of the same manner as the original appoint- office to be staffed. each instrumentality or other entity consid- ment for the vacant position. Because the Financial disclosure reports. Members of ered in this study and to the Speaker of the Board is small in number, it will be impor- the Board will be required to file financial House of Representatives and President pro tant to fill vacancies as quickly as possible, disclosure reports under the Ethics in Gov- tempore for referral to the appropriate com- consistent with selecting the best qualified ernment Act of 1978, Pub. L. No. 95–521, title mittees of the House of Representatives and individuals for these positions. I (5 U.S.C. appendix sections 103(H)(A)(II)II)). of the Senate. Terms. The terms of office of the members Section 302—Officers, Staff, and Other Title III—Office of Compliance are staggered so that, after the first appoint- Personnel Section 301—Establishment of Office of ments, there will not be complete turnover Compliance of the Board. The appointment is for 5 years This section provides for the appointment and cannot be renewed, except for someone of staff of the new office. This section creates the Office of Congres- Executive director. The position of execu- sional Fair Employment Practices as an who serves three years or less. Of the first five members, one shall serve three years, tive director is modeled after the Director of independent office in the legislative branch the Office of Senate Fair Employment Prac- of the Government to administer the dispute two for four years, and two for five years, tices (OSFEP), who administers the Senate’s resolution process created by this act. one of whom shall be chair. internal resolution process. Like the Sen- The Office shall be overseen by a board of Removal. Members may be removed from ate’s Director of OSFEP, the Director of the directors, which shall be composed of 5 mem- office by a majority vote of the appointing Congressional Office will have the respon- bers. A five member board is the best size to authority. To further ensure the independ- discourage deadlock and to facilitate effec- ence of the Board, members may only be re- sibility of the daily administration of the tive decisionmaking.1 moved for specific causes including a disabil- disputes resolution system created by this ity that substantially prevents the member act. This includes assisting in the develop- It is extremely important that the Board from carrying out the member’s duties, in- ment and implementation of rules of proce- function in a nonpartisan manner. For this competence, neglect of duty, malfeasance in dures for the dispute resolution process, se- reason, the act requires that all members of lecting hearing officers, counselors, and me- the Board be appointed without regard to po- office, a felony or conduct involving moral diators, and maintaining the dockets of litical affiliation and solely on the basis of turpitude, or holding an office or employ- cases filed with the office. fitness to perform the duties of office. Board ment or engaging in an activity that dis- The Chair, subject to the approval of the members shall be appointed solely on the qualifies the individual from service as a Board, shall appoint, and has the power to basis of fitness to perform their duties under member of the Board. The reason for re- the act, and shall have background and expe- moval of any member must be stated, in remove, the director. As is the case of mem- rience in application of the rights, protec- writing, to the member being removed by the bers of the Board, selection of a director tions, and remedies under the laws made ap- Speaker of the House of Representatives and should be made solely on the basis of ability plicable to section 102. There is no assump- the President pro tempore of the Senate. to perform the functions of the job and with- tion that any particular kind of training or Compensation and travel expenses. Mem- out regard to political affiliation. To ensure experience is necessary, but a variety of ex- bers may be compensated at a rate equal to the appearance of independence and impar- periences would qualify an individual for a the daily equivalent of the annual rate of tiality of the Director, certain individuals position on the Board. The act does not re- basic pay prescribed for level V of the Execu- are precluded from service as Director. These quire that any individual member have tive Schedule under 5 U.S.C. sec. 5316 for are the same persons who are ineligible to training or experience under all of the stat- each day during which the member is en- serve as Directors. utes made applicable by this act, but mem- gaged in the performance of board duties. The Chair may set the compensation of the bers should be selected with a view to provid- Travel time should be included in the com- Executive Director, but the rate of pay may ing the Board as a whole with some expertise putation of the time a member has spent en- not exceed the annual rate of basic pay pre- in each field of law within the Board’s juris- gaged in the performance of board duties. scribed for level V of the executive schedule diction. Members of the Board are entitled to reim- under 5 U.S.C. sec 5316. The Executive Direc- On the other hand, the committee also rec- bursement for travel expenses for each day tor will serve anonrenewable 5-year term, ex- ognizes that, in order for the Board to func- that the member is engaged in the perform- cept that the first Executive Director may tion in Congress’s political environment, and ance of Board duties away from home or the serve a nonrenewable 7-year term. to insulate the Board against claims of par- regular place of business of the member. The Additionally the office will have two Dep- tisanship that will inevitably be raised by rates for travel expenses, including per diem uty Directors, one for each House of Con- in lieu of subsistence, shall be at rates au- gress. The Deputy Executive Directors are thorized for employees of agencies under 5 appointed and removed by the Chair, subject 1 Some management researchers have concluded U.S.C. sec. 5751. to the approval of the Board. The appoint- that policymaking bodies of five members are pref- erable to both larger and small groups. See, U.S. Subsection (h) describes the duties of the ment shall be made without regard to politi- Senate Committee on Governmental Affairs, Study office, which include educating members and cal affiliation and with the same disquali- on Federal Regulation, Vol. IV, Doc. No. 95–72, July other employing authorities of their duties fications that apply to service as Executive 1977, p. 115. and employees of their rights under this act. Director. The Deputy Executive Director S 628 CONGRESSIONAL RECORD — SENATE January 9, 1995 shall serve a 5-year term, except that the cordance with the APA, but with publication Following approval of regulations by the first Deputy Executive Director shall serve occurring in the CONGRESSIONAL RECORD Congress or one of its Houses, the Board for 6 years. This will mean that the Deputy rather than the Federal Register. Before is- shall submit the regulations for publication Executive Director will serve terms that do suing rules, the Executive Director shall pro- in the Congressional Record. The date of is- not expire concurrently with the Executive vide a comment period of at least 30 days suance of the regulations is the date on Director. after publication of the notice of rule- which they were published in the Congres- The Deputy Executive Director shall rec- making. Upon adopting rules, the Executive sional Record as a result of this procedure. ommend the regulations to the Board under Director shall transmit notice of such action Regulations shall become effective not less section 304(a)(2)(B)(i), maintain the regula- along with the rules to the Speaker of the than 60 days after the regulations are issued, tions and all records pertaining to the regu- House and the President pro tempore of the except that an earlier effective date may be lations, and shall assume such other respon- Senate for publication in the CONGRESSIONAL specified for good cause found within the sibilities as may be delegated to the Execu- RECORD. Rules are considered to be issued on meaning of section 553(d) of title 5 of the tive Director. the date on which they are so published. United States Code. The Executive Director may appoint, ter- Section 304—substantive regulations Amendment to the rules. The Board’s rules minate, and fix the compensation of such This section sets forth the procedures of is- may be amended in the same manner as they staff, including hearing officers, necessary to suing regulations to implement this Act, in- are initially adopted under this section. The enable the office to carry out its functions. cluding regulations the board is required to Board may, in its discretion, dispense with The Executive Director does not have au- issue under title II, including appropriate ap- the publication of a general notice of pro- thority to appoint attorneys to assist the plication of exemptions under the laws made posed rulemaking of minor, technical, or ur- general counsel, which authority is provided applicable in title II. There shall be three gent amendments when the Board finds that directly to the general counsel. The Execu- sets of substantive rules, one for each House, notices are ‘‘impractical, unnecessary, or tive Director may request other Government and one for other employing offices. contrary to the public interest’’ within the departments or agencies to detail on a reim- The authority conferred by this section is meaning of 5 U.S.C. sec. 553(B). bursable or nonreimbursable basis the serv- authority only to issue rules that will aid in Right to petition for rulemaking.—Any ices of the personnel of the department or understanding how the laws apply to the person may petition the Board for the issu- agency. In addition, the Executive Director Congress and does not include the authority ance, amendment, or repeal of a rule. How- is authorized to procure the temporary or to limit the substantive rights conferred ever, nothing in this section confers upon intermittent services of consultants. under this act. Thus, for example, such rules any individual a right to seek judicial review General Counsel. The Chair, subject to the might set forth guidance to Senate offices as of any action or inaction of the Board under approval of the board, may appoint and re- to how the board would interpret the family this section. move a general counsel. This position does and medical leave act’s entitlement to un- In formulating regulations, the Executive not have an analogy in the Senate fair em- paid family or medical leave, in light of the Director, Deputy Directors, and Board shall ployment process. This position and its du- fact that the Senate payroll system does not consult with the chair of the administrative ties, however, are modeled on the role of the have a leave without pay status. conference, the Secretary of Labor, the Fed- general counsel in bodies such as the General Under subsection (b), the Board shall adopt eral Labor Relations Authority, and may Accounting Office Personnel Appeals Board the regulations in accordance with the prin- consult with any other persons of their or the Federal Labor Relations Authority. ciples and procedures of the Administrative choosing. Under this act, the general counsel may re- Procedures Act. Instead of publishing a gen- Section 305—Expenses ceive complaints of violations of the provi- eral notice of proposed rulemaking in the sions of titles II and III of the Americans Federal Register, the Board shall transmit Authorization of Appropriations. In fiscal With Disabilities Act made applicable by such notice to the Speaker of the House and year 1995, and each fiscal year thereafter, the this act and file and prosecute complaints in President pro tempore of the Senate for pub- Congress authorizes to be appropriated nec- the name of parties making charges of viola- lication in the Congressional Record. Such essary funds for the expenses of the office in tions. The general counsel will also conduct notice shall set forth the recommendations carrying out its duties. Until money is first workplace inspections and issue citations of of the Deputy Director in regard to regula- appropriated under this section, but not for violations of the requirements of OSHA tions of the House and Senate and of the ex- a period exceeding 12 months after the date made applicable by this act. The general ecutive director for the other employing of- of enactment of this act, the expenses of the counsel exercises authority comparable to fices. In this way, the members of the ap- office shall be paid one-half from the contin- that of the Federal Labor Relations proving body will know how the board’s pro- gent fund of the Senate and one-half from Authority’s General Counsel. The general posed regulations differ from the rec- the contingent fund of the House, upon counsel also provides representation to the ommendations of the Deputy Director for vouchers approved by the director. office when it is named as a respondent in their respective house. Witness fees and allowances. Except for proceedings brought in the Federal Circuit Before adopting regulations, the Board employees, witnesses before a hearing officer under this act. shall provide a comment period of at least 30 or the Board in any proceeding other than To ensure that the general counsel is, and days after publication of a general notice of rulemaking are entitled to be paid the same appears to be, independent and impartial, proposed rulemaking. After considering com- fee and mileage allowances as are paid to certain individuals are precluded from serv- ments, the Board shall adopt regulations and subpoenaed witnesses in the courts of the ice as general counsel. These are the same as transmit notice of such action together with United States. It is intended that, as in the apply to the Board of Directors. the regulations to the Speaker of the House courts, these costs will be borne by the par- The Chair may fix the compensation of the of Representatives and the President pro ties. Employees who are summoned, or as- general counsel, which shall not exceed the tempore of the Senate for publication in the signed by the employers to testify in their annual rate of basic pay prescribed for level Congressional Record. The Board shall in- official capacity or to produce official V of the executive schedule under 5 U.S.C. clude a recommendation in the general no- records before a mediator, hearing officer, or sec. 5316. The general counsel may appoint, tice of proposed rulemaking as to whether the Board, shall be entitled to travel ex- terminate, and fix the compensation of such the regulations should be approved by reso- penses under 5 U.S.C. § 5751. The committee additional counsel as may be necessary to lution of the Senate, by resolution of the intends for the office to bear these costs. carry out the duties of the general counsel. House of Representatives, by concurrent res- Title IV—Administrative and Judicial Dispute— The term of office of the general counsel is olution, or by joint resolution. Resolution Procedures for a single term of 5 years. The general Regulations referred to in paragraph Much of title IV builds on the dispute reso- counsel may only be removed for cause. The (2)(B)(i) of subsection (a) may be approved by act carefully prescribes which officials may lution process created for the Senate in title the Senate by resolution or by the Congress III of the Civil Rights Act of 1991. The most be removed only for cause and which may by joint or concurrent resolution. Regula- not. significant changes in this title from the ex- tions referred to in paragraph (2)(B)(ii) of isting Senate procedures are the addition of Section 303—procedural rules subsection (a) may be approved by the House the option of initiating an action in Federal This section sets forth the procedure for of Representatives by resolution or by the district court following the initial two the adoption and amendment of rules gov- Congress by concurrent or joint resolution. stages of dispute resolution and the deletion erning the procedures of the Office of Com- Regulations referred to in paragraph of review of each decision by the Senate Eth- pliance, including rules concerning hearing (2)(B)(iii) may be approved by Congress by ics Committee. An opportunity to appeal to officers. The rules and amendments thereto concurrent resolution or by joint resolution. the Board is available in the place of Ethics shall be submitted for publication in the Upon receipt of a notice of adoption of regu- Committee review. CONGRESSIONAL RECORD. lations, the presiding officers shall refer such Under subsection (b), the Executive Direc- notice and the proposed regulation to the Section 401—Procedure for consideration of tor shall adopt the rules referred to in sub- committee or committees of jurisdiction in alleged violations section (a) in accordance with the principles that House. The referral is designed to let Section 401 lists the procedure for consid- and procedures of the Administrative Proce- the committee determine whether the regu- eration of alleged violations of the statutes dures Act. The Executive Director shall pub- lations should be approved and by which made applicable to congressional employing lish a notice of proposed rulemaking in ac- method. offices under part A of title II. They are January 9, 1995 CONGRESSIONAL RECORD — SENATE S 629 counseling as provided in section 402, medi- of what would be most beneficial in a par- of an employing office, member of the board, ation as provided in section 403, and an elec- ticular case. In selecting mediators, the Di- or covered employee, may be appointed to be tion as provided in section 404 of either (1) a rector is required to consider individuals rec- a hearing officer. formal complaint and hearing as provided in ommended by organizations with expertise The Executive Director is required to de- section 405, subject to board review in sec- in mediating or arbitrating personnel mat- velop lists of individuals experienced in arbi- tion 406, and judicial review in the United ters. The Director may also consider other trating or adjudicating the kinds of person- States Court of Appeals for the Federal Cir- individuals with expertise in this field. nel and other matters for which hearings cuit as provided in section 407, or (2) a civil The purpose of the mediation is to resolve may be conducted under this act. The lists action in a district court of the United disputes at an early stage in a manner that can be composed of categories of individuals States as provided in section 408. However, in serves the interests of all parties. To this with expertise in particular fields, or pos- the case of an employee of the Architect of end, it is important that both sides partici- sessing particular skills. In developing the the Capitol or of the Capitol Police, the Ex- pate in the process. Although parties cannot lists, the Executive Director shall consider ecutive Director, after receiving a request be forced to mediate, it is expected that em- candidates recommended to the Director of for counseling under section 402, may rec- ployees and employing offices will take seri- the Federal Mediation and Conciliation ommend that an employee use the grievance ously this opportunity by carefully assessing Service, the Administrative Conference of procedures of the Architect of the Capitol or the claims of the other party and responding the United States, or other organizations the Capitol Police. The decision to make the to reasonable requests for information. The composed of individuals with expertise in ad- recommendation to the employee is entirely parties to mediation under section 403(b) judicating or arbitrating the kinds of mat- discretionary on the part of the Executive may include the Office, the covered em- ters for which hearings may be conducted Director. The decision to follow the rec- ployee, and the employing office. Mediation under this act, such as technical matters re- ommendation is entirely discretionary on may occur through meetings with the par- lating to occupational safety and health. the employee. The purpose is to permit em- ties separately or jointly for the purpose of In requiring the Executive Director to se- ployees to use another administrative rem- resolving the dispute. lect individuals randomly or by rotation edy that may function well in the eyes of the Mediation period. Mediation shall occur from these lists, the act does notprevent the employee, without prejudice for further op- for 30 days beginning on the date the request Executive Director from hiring hearing offi- portunity to utilize the procedures available for mediation is received. The 30-day period cers as full-time employees of the Office or through the Office of Compliance, as the may be extended at the joint request of the from selecting hearing officers on the basis time limitations available for counseling or covered employee and the employing office. of specialized expertise required for a par- mediation shall not apply when during the The Office shall in writing notify the parties ticular case. specific period that the Executive Director to the mediation of the end of the mediation Hearing. Unless a hearing officer dismisses recommends that the employee use for using period. a complaint on a threshold legal issue, the the grievance procedures. Independence of the mediation process. In hearing officer shall conduct a hearing on Section 402—Counseling order to protect the integrity of the medi- the record. The hearing should be conducted ation process and ensure that parties have as expeditiously as practical, but in any Initiation. A covered employee shall re- confidence in it, no individual who conducts event must be commenced no later than 60 quest counseling with the Office as a condi- mediation may conduct or aid in the hearing days after the filing of the complaint. The tion for commencing a proceeding alleging a conducted under section 405 with respect to hearing officer should, to the greatest extent violation of a law made applicable under the same matter. In addition, no individual practical, conduct the hearing in accordance part A of title II of this act. For claims who participates as a mediator may testify with the principles of 5 U.S.C. §§ 554–57. under any of these statutes, the request for about, or produce records relating to, that Discovery. The hearing officer may, in his counseling must be made within 180 days mediation, either voluntarily or by compul- or her discretion, permit reasonable prehear- after the date of the alleged violation. A fail- sion, in any proceeding under this act or be- ing discovery. In exercising this discretion, ure to request counseling within the time re- fore any other investigative or adjudicative hearing officers should be mindful of the re- quired bars an employee from proceeding entity. quirement that the hearing is to be con- under this act to redress violations under ducted expeditiously and should seek to pre- these sections. Section 404—Election of Proceeding vent repetitious, overly burdensome, and un- Purpose. The purpose of counseling is to Not later than 90 days after a covered em- necessary discovery. provide an employee with the opportunity to ployee receives notice of the end of the pe- Subpoenas. In general. At the request of a discuss and evaluate the employee’s claims. riod of mediation, but no sooner than 30 days party, a hearing officer may issue a subpoena Under the current Senate system, employees after receipt of such notification, such cov- for the attendance of witnesses and the pro- meet with a counselor who assists them in ered employee may either (1) file a com- duction of records. Hearing officers should preparing a statement of their claims, re- plaint with the Office in accordance with not issue subpoenas in blank, but rather only views what other information might aid in section 405, or (2) file a civil action in ac- issue subpoenas for specific witnesses or doc- making a determination about whether to cordance with section 408 in the United ument requests. Ordinarily, subpoenas proceed with a claim, and may assist the em- States District Court for the district in should not be required for the production of ployee in contacting the employing office to which the employee is employed or for the testimony or records in this process. Em- determine if a dispute can be resolved. The District of Columbia. ployees and employing offices have a respon- type of counseling may vary, depending upon Section 405—Complaint and hearing sibility to respond to reasonable discovery the nature of the problem, the sophistication Complaint. An individual who has made a requests, without the requirement of com- of the employee, and the willingness of par- timely request for counseling and mediation, pulsory process. ties to resolve issues. The purpose of coun- has completed those processes, and has not Where appropriate, the attendance of wit- seling is neither to discourage nor to encour- elected to file a complaint in Federal Dis- nesses and the production or records may be age further adversarial proceedings, but trict Court under section 408, may file a com- required from any place within the United rather to assist in identifying issues at an plaint with the Office. The complaint must States. Subpoenas shall be served in the early stage, so that they can be addressed be filed no later than 90 days after receiving manner provided under rule 45(b) of the Fed- appropriately. the notice of the end of mediation, but no eral Rules of Civil Procedure. Period for counseling. Counseling com- sooner than 30 days after receiving such no- Objections. If a person refuses, on the basis mences on the date the request for counsel- tice. The respondent to the complaint shall of relevance, privilege, or other objection, to ing is received in the Office and continues be the employing office involved in the viola- testify or produce records in response to a for 30 days, unless the employee and the Of- tion or in which the violation is alleged to question or to produce records in connection fice agree to reduce the period. The 30 days have occurred, and about which mediation with a proceeding before a hearing officer, begins on the date the request for counseling was conducted. the hearing officer shall rule on the objec- is received. Appointment of a hearing officer. Upon the tion and, if the objection is overruled, order Notification of the end of the counseling filing of a complaint, the Director shall ap- compliance. The hearing officer shall, at the period. The Office is required to notify the point a hearing officer to the case. The hear- request of the witness or any party, and may employee in writing of the end of the coun- ing officer may dismiss any claim that the on the hearing officer’s own initiative, refer seling period. hearing officer finds to be frivolous or that the ruling to the board for review. Section 403—Mediation fails to state a claim upon which relief can Enforcement. If a person fails to comply Initiation. A covered employee must re- be granted. When the Executive Director is- with a subpoena, the Board may authorize quest mediation with the Office no later sues rules under section 303, he or she may the General Counsel to apply to an appro- than 15 days after the date on which the em- consider whether the procedures of title VII priate United States District Court for an ployee receives notification of the end of the can be applied to these proceedings. For in- order requiring that the person appear before counseling period. Mediation under section stance, whether employing offices can be the hearing officer to testify and-or to 403 is a precondition for making the election awarded fees when the hearing officer deter- produce records. The application shall be of procedures provided in section 404. mines that the complaint is frivolous, made in the judicial district where the hear- Mediation process. The Director shall groundless, and brought in bad faith. ing is conducted or where the person refusing specify one or more individuals to mediate a No member of the House of Representa- to comply is found, resides, or transacts dispute, depending upon the Director’s view tives, Senator, officer of either House, head business. Any failure to obey a lawful order S 630 CONGRESSIONAL RECORD — SENATE January 9, 1995 of the district court issued pursuant to this sel or a respondent before the Board who Section 409—Judicial Review of Regulations section may be held by such court to be a files a petition under section 215(c)(5), or the This section provides that in any proceed- civil contempt thereof. general counsel or a respondent who files a ing brought under Section 407 or 408 in which Service of process. In an action brought in petition under section 220(c)(3). The same the application of a regulation issued under district court to enforce a subpoena under court shall also have exclusive jurisdiction this act is at issue, the court may review the this section, or in a civil contempt action over any petition of the general counsel filed validity of the regulation in accordance with under this section, process may be served in in the name of the Office and at the direction the provisions of subparagraphs (A) through any judicial district in which the individual of the Board, to enforce a final decision (D) of section 706(2) of title 5, United States or entity refusing or failing to comply re- under section 405(g) or 406(e) with respect to Code, except that with respect to regulations sides, transacts business, or may be found, a violation of part A, B, C, or D of title II. approved by a joint resolution under section and subpoenas for witnesses who are required Procedures. The rules governing the nam- 304(c), only the provisions of section 706(2)(B) to attend such proceedings may run into any ing of respondents reflects the different pro- of title 5, United States Code shall apply. other district. cedural postures under which appeals may This simply means that if the regulation has Decision. Following any hearing under this arise. The goal is to make sure that the Of- the force of law, the regulation cannot be section, the hearing officer shall issue a fice is not a respondent in a petition filed by challenged as being inconsistent with the un- written decision as expeditiously as possible, its employee, the general counsel. Any party derlying statute applied to Congress under but in no event more than 90 days after the before the Board may be named respondent if this bill, but may only be challenged on con- conclusion of the hearing. Each decision not so named if the party so elects within 30 stitutional grounds. All other regulations shall state the issues raised in the com- days after service of the petition. The sec- could be challenged as not complying with plaint, describe the evidence in the record, tion also provides for a right of intervention the statutory provisions forming the sub- contain findings of fact and conclusions of for participants before the Board who were stantive and procedural basis for issuing the law, and contain a determination of whether not made respondents. regulation. a violation has occurred, and, where appro- The only means for challenging the valid- priate, order remedies authorized under title Law applicable. Proceedings under this ity of theregulation is through a proceeding II of this act. The decision shall be entered section shall be governed by chapter 158 of in the records of the Office as the final deci- title 28, of the United States Code, which ap- brought under section 407 or 408 of this act. sion of the hearing officer, and of the Office plies to appellate court review of agency or- Thus, there is no ability to challenge a regu- if such decision is not appealed under section ders. In order to tailor chapter 158 to review lation when issued, as would be available 406 to the Board. The Office shall transmit a of congressional adjudicatory processes, under the Administrative Procedures Act, copy of the decision to each of the parties. some changes are made in that chapter’s re- but only through collateral challenge. If the Precedents. In conducting hearings and de- quirements. Under 28 U.S.C. § 2344, the clerk court determines that the regulation is in- ciding cases, hearing officers are to be guid- is to serve a copy of the petition on the gen- valid, the court shall apply, to the extent ed by judicial decisions under the statutes eral counsel; the authority of the Attorney necessary and appropriate, the most relevant made applicable by section 102 and by Board General under 28 U.S.C. § 2348 shall not apply, substantive executive agency regulation pro- decisions under this act. and a petition for review shall be filed in the mulgated to implement the statutory provi- sions with respect to which the invalid regu- Section 406—Appeal to the Board Office not later than 90 days after the entry in the Office of the final decision under sec- lation was issued. In general. Any party aggrieved by the de- tion 406(e) for which review is sought. The In determining whether to hold the regula- cision of a hearing officer under section Office shall be an agency as that term is used tions invalid, the court should give equiva- 405(g) may seek review by filing a petition in chapter 158 of title 28, and any reference lent deference to the Board as to an execu- for review in the Office not later than 30 to the Attorney General shall be deemed to tive branch agency with statutory authority days after notice by the Office of the entry refer to the general counsel. The Office shall and expertise in issuing the regulation only in the Office records of the final decision of be named as the respondent in any such ac- if the regulation in question is identical to a the hearing officer. tion in order to defend the decision of the regulation of an executive branch agency. To Opportunity for argument. The Board shall congressional process. the extent the Board modifies the executive provide the parties with a reasonable oppor- Standard of review. The Standard of review branch agency in issuing the regulation tunity to be heard on their appeal through in proceedings under this section is the whose validity is challenged under this sec- written submissions. In the discretion of the standard that applies under the administra- tion, the court of appeals is to provide no Board, the parties may be heard through oral tive procedures act, namely, that the court deference to the Board’s reading of the un- argument. shall set aside a final decision of the Board derlying statute when it issued the regula- Standard of review. The standard of review only if it determines that the decision was tion unless the regulation was adopted by to be applied by the Board is the same stand- arbitrary, capricious, and abuse of discre- joint resolution, or in connection with the ard that will be applied by the Federal Cir- tion, or otherwise not consistent with law; regulations issued under section 220(e). cuit sitting in review of the Board’s deci- not made consistent with required proce- sions. The Board shall set aside a decision of Section 411—Effect of Failure To Issue a hearing officer only if the Board deter- dures; or unsupported by substantial evi- Regulations dence. mines that the decision is arbitrary, capri- In any proceeding under section 405, 406, cious, an abuse of discretion, or otherwise Record. In making determinations under this section, the court shall review the whole 407, or 408, except a proceeding to enforce not consistent with the law, not made con- section 220 with respect to offices listed sistent with required procedures, or unsup- record, or those parts cited by a party. The record on review shall include the record be- under section 220(e)(2), if the Board has not ported by substantial evidence. issued a regulation on a matter for which Record. In making determinations under fore the hearing officer, the decision of the hearing officer, the record before the Board, this act requires a regulation to be issued, this section, the Board shall review the the hearing officer, board, or court, as the whole record, or those parts cited by a party. and the decision of the Board. Due account shall be taken of the rule of procedural error. case may be, shall apply, to the extent nec- The record on review shall include the record essary and appropriate, the most relevant before the hearing officer and the decision of Section 408—Civil Action substantive executive agency regulation pro- the hearing officer. Due account shall be Jurisdiction. An individual who has made a mulgated to implement the statutory provi- taken of the rule of prejudicial error. timely request for counseling and mediation, sion at issue in the proceeding. Decision. The Board shall issue a written has completed those procedures, and has decision setting forth the reasons for its de- Section 412—Expedited Review of Certain elected not to file a complaint with the Of- cision. The decision may affirm, reverse, or Appeals fice, may file a complaint in the United remand to the hearing officer for further pro- This section authorizes a direct appeal to States district court for the district in which ceedings. A decision of the Board that does the Supreme Court from any interlocutory the employee is employed or for the District not require further proceedings before a or final judgment, decree, or order of a court of Columbia. The time period for filing such hearing officer shall be entered in the upon the constitutionality of any provision a complaint is set forth in section 404. The records of the offices as a final decision. of this act. In such a case, only the constitu- defendant shall be the employing office al- tional issue would be before the court. Section 407—Judicial Review of Board leged to have committed the violation, or in Decisions and Enforcement which the violation is alleged to have oc- Section 413—Privileges and Immunities curred. Under section 413, the authorization to Jury trial. In a proceeding under this sec- bring judicial proceedings under sections 407 In general. The United States Court of Ap- tion, any party may demand a jury trial in and 408 shall not constitute a waiver of sov- peals for the Federal Circuit shall have ex- circumstances where a jury trial would be ereign immunity for any other purpose, or of clusive jurisdiction over any proceeding available in an action against a private de- the privileges of any Member of Congress commenced by a petition of a party ag- fendant under the relevant law made appli- under the speech and debate clause, or a grieved by a final decision of the Board cable by this act. In any case in which a vio- waiver of wither the Senate or the House of under section 406(e) in cases arising under lation of section 201 is alleged, the court Representatives, including under article I, part A of title II, a charging individual or re- shall not inform the jury of the maximum section 5, clause 3, or under the rules of ei- spondent before the Board who files a peti- amount of compensatory damages available ther House relating to records and informa- tion under section 210(d)4, the general coun- under section 201(b)(1) or 201(b)(3). tion within its jurisdiction. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 631 Section 414—Settlement of Complaints an exercise of the rulemaking power of the amendments to propose—and I would Under section 414, any settlement entered House of Representatives and the Senate and add that they are all on the Demo- into by the parties to a proceeding described shall be considered part of the rules of each cratic side—let us get them over here in sections 210, 215, 220, or 401 shall be in House. These rules shall supersede other because we are going to be time lim- rules of each House only to the extent that writing and not effective until approved by ited on consideration of this bill as far the Executive Director. Nothing in this act they are inconsistent with them. The House shall affect the power of the Senate and the and the Senate each retain their constitu- as time for amendments. The majority House of Representatives, respectively, to es- tional rights to change these rules (insofar leadership has indicated, as I under- tablish rules governing the process by which as they relate to such House) at any time, in stand it, a desire to close out this bill a settlement may be entered into by such the same manner, and to the same extent as at 7 o’clock tomorrow evening if at all House or by any employing office of such each House may change its other rules. possible. House. Section 502—Political Affiliation and Place Now, granted, considering that we Section 415—Payments of Residence also have our respective parity cau- Except as provided in subsection (c) of sec- This section permits employing offices to cuses tomorrow which takes us out of tion 415, only funds which are appropriated consider the party affiliation, domicile, or the Senate Chamber here from about to an account of the Office of the Treasury political compatibility with the employing office of an employee as referred to in sub- 12:30 to 2:15, we lose that time. It for the payment of awards and settlements means that we are going to be very may be used for the payment of awards and section (b) of this section with respect to em- settlements under this act. A prevailing ployment decisions. The term employee here hard pressed to consider all the amend- party may recover exclusive compensation means an employee on the staff of leadership ments we have on the list by that time. for his or her claims from such appropriated offices, committees and subcommittees, em- So I would urge my colleagues to get funds. Funds in the account are not available ployees of the staff of a member, an officer of their amendments over here and let us for awards and settlements involving the either House or a congressional employee get debating on them and so we can get General Accounting Office, the Government elected or appointed by the House or Senate them all considered. I would hate to and applicant for these positions. Printing Office, or the Library of Congress. see anyone get closed out tomorrow Awards and settlements may not be paid Section 503—Nondiscrimiantion Rules of the night with not enough time on the Sen- from the Claims and Judgment Fund of the House of Representatives and Senate Treasury. Nothing in this act authorizes the ate floor to consider their amend- This section provides that the Select Com- ments. Board, the Office, the Director, or a hearing mittee on Ethics of the Senate and the Com- officer, without further authorization, to di- mittee on Standards of Official Conduct of Mr. President, in the opening days of rect that amounts paid for settlements or the House of Representatives retain full the 104th Congress I think we can ac- awards be paid from official accounts of the power, in accordance with the authority pro- complish a reform that is long, long employing office. This act does not affect the vided to them by the Senate and the House overdue. We can finally eliminate the power of each House to determine how set- of Representatives, with respect to the dis- congressional double standard under tlements or awards shall be paid. cipline of members, officers, and employees which we have enacted laws that apply Subsection (b) provides that except as pro- for violating rules of the Senate and the vided in subsection (c), there are authorized to everyone but ourselves. House of Representatives on nondiscrimina- Now, by enacting laws for others and appropriations of such sums as may be nec- tion in employment. then exempting ourselves, we have essary for administrative, personnel, and Section 504—Technical and Conforming similar expenses of employing offices which Amendments done great damage to the public per- are needed to comply with this act. These ex- ception of Congress. This section amends the Government Em- penses could be such items as funding man- When I go back home and make agement side labor negotiations under sec- ployee Rights Act so that it remains in ef- fect for certain Presidential appointees and speeches in Ohio and open it up for tion 220. These expenses are costs of adhering questions or you remark about the fact to the act, but not costs of complying with for certain State employees, and repeals the adjudicative decisions remediating viola- remaining sections of the act as of the date that you would like to see Congress tions, which are addressed in section 415. this act takes effect. covered by the same laws that cover Under subsection (c), funds to correct vio- Section 505—Judicial Branch Coverage Study everyone else in this country, laws lations of the Americans With Disabilities This section requires the judicial con- that address individual concerns, orga- Act and the Occupational Safety and Health ference of the United States to prepare a re- nizational concerns, Government con- Act may be paid only from funds appro- port by the Chief Justice to Congress on the cerns, and so on, but that we want to priated to the employing office or entity re- application to the judicial branch of the 11 make those same laws apply to them sponsible for correcting such violations. laws made applicable to Congress by this act. apply here on Capitol Hill where we Section 416—Confidentiality The report is to be submitted by December have exempted ourselves for many 31, 1996, and shall include any recommenda- A principal distinction between the admin- years, I can tell you from personal ex- istrative dispute resolution proceedings con- tions the Judicial Conference may have for legislation to provide to employees of the ju- perience there is nothing guaranteed to ducted under this act and the proceedings in get you a rousing ovation any faster district court authorized under section 408 is dicial branch, protections, and procedures the confidentiality of the administrative under these laws, including administrative than bringing that up as something proceedings. Under this section, all counsel- and judicial relief, that are comparable to you want to correct. This has been true ing, mediation, and hearings are confiden- that provided to congressional employees for a number of years. tial. The record developed in the hearing and under this act. We in Congress I sometimes think do the decisions of hearing officers and the Section 506—Savings Provisions not really understand the real impact board may be made public only for purposes This section provides a method for the of these laws because we do not have to of judicial review under section 407. This Re- transition from the previous dispute resolu- follow them here. And that is an irri- quirement of confidentiality does not pre- tion processes under which congressional tant to other people around the coun- clude the Executive Director from disclosing employees were covered to the process estab- try. to committees of Congress information lished by this act. The purpose of this sec- sought; however, such information shall re- tion is to ensure that claims that are in the Our efforts to apply the law on Cap- main subject to the confidentiality require- process of being resolved are not extin- itol Hill go back many years. I stated ments of this section. guished, and that they will be adjudicated in my opening statement the other day Final decisions entered under section 405(g) under current law. that back in 1978, just a few years after or 406(e) shall be made public if it is in favor Section 507—Severability I came to the Senate, I proposed a reso- of the complaining covered employee, or in This section provides that if any provision lution to assure that all Senate em- favor of the charging party under section 210, ployees would be protected against em- or if the decision reverses a decision of a of this act is held to be invalid, the remain- hearing officer which had been in favor of a der of this act shall not be affected. ployment discrimination. I referred covered employee or a charging party. The Mr. GRASSLEY. I yield the floor. then to Capitol Hill being the last plan- Board may make public any other decision Mr. GLENN addressed the Chair. tation and incurred the ire of some of at its discretion. Nothing in the act pro- The PRESIDING OFFICER (Mr. my colleagues for that remark at that hibits the employing office from making CRAIG). The Senator from Ohio. time. The resolution did not pass. It is public a final decision in its favor. Mr. GLENN. Mr. President, I stated a only in just the last few years that we Title V—Miscellaneous Provisions few moments ago I hope that our col- have finally enacted some substantial Section 501—Exercise of Rulemaking Power leagues who are watching in their of- legal protection for Senate employees. This section provides that sections 204 and fices or staffs working in the offices So we are not quite as bad off as we 401 and the rules issued pursuant to them are will get interested Senators who have were back then in 1978. Our employees S 632 CONGRESSIONAL RECORD — SENATE January 9, 1995 are now covered under the civil rights that is not the vehicle that we are on Capitol Hill. So we do not cover them. laws and certain other employment here today. That proposed legislation We exempt them. laws, and they can take their cases to by Senator DASCHLE included the gift What kind of possible justification the U.S. Court of Appeals.But despite ban and lobbying reform, which we can there be for exempting what is this progress, what we still have is a dealt with to some extent on the floor right for everybody else in this coun- unacceptable. It is a patchwork quilt of the other day, as additional amend- try? Regardless of whether we are coverage and exemptions here on Cap- ments to this bill that just covers con- treating ourselves differently, is it itol Hill. And it has not been easy to gressional coverage. right for our employees that they have solve this problem. So, I am pleased our solution to con- the same protections of employment As I have often said, we should apply gressional coverage was introduced as rights? Of organizational rights? Of the same laws to ourselves as we apply a separate bill as part of Senator whatever other rights we insist on giv- to the private sector. But there is a dif- DASCHLE’s comprehensive congres- ing to everybody else in this country ference here on Capitol Hill compared sional reform proposal. But regardless and yet we say we do not want to give to businesses in the rest of the country. of that, we have strong bipartisan sup- our own people that same coverage? We That is, we have the concerns of our port, I believe, for this bill. do not want to deal that fairly with our Members—and they are legitimate con- Let me urge once again—I will break own employees here on Capitol Hill? cerns—who believe that the Constitu- in the middle of my comments here to That is just flat not right. tion requires us to preserve substantial urge any of my colleagues who have So I bring this down not just to the independence of the Senate and the amendments to this bill to come to the perception of what other people say House of Representatives. That is not floor. Tomorrow we are going to be around the country, or the perception just because it is a personal preference very short of time to consider all of the that Congress exempts itself and so we or an ego matter with those particular amendments. I urge any of the staff or are somehow above the law, but let us Members. In the private sector these any of the Senators who are watching bring it down to this. Is it right for our laws are normally implemented by the these proceedings in their offices to, if people or is it not right for our people executive branch and the judicial at all possible, get their amendments who work for us right here on Capitol branch. But there are many Senators— over here to the floor so we do not find Hill to have the same protections that and this is not the prerogative of one ourselves in a time shortage tomorrow everybody else here in this country side or the other—there are many Sen- has? Is it right? To me that is the most afternoon, because it is my understand- ators, both Democrats and Repub- powerful argument for passing congres- ing the majority leader has indicated it licans, who have expressed genuine sional coverage. is his intent to end consideration of concern through the years about politi- We can say the perceptions are out this bill by about 7 o’clock tomorrow cally motivated prosecutions that there that we are dealing differently evening. might result if we ignore the principle and so the people do not like that—but Let me give a little more background of separation of powers as we apply is it right that our people here on Cap- on this legislation. Though Congress these laws to the Congress. itol Hill, the people who man the ele- has taken strides in recent years to I think everyone should understand vators and the Government Printing apply antidiscrimination and employee that concern about separation of pow- Office and everything else around here protection laws to its employees, there ers has probably been at the heart of that goes to support congressional ac- the delay, of why legislation in this re- is a patchwork of coverage that re- tion—is it right that they get the same gard has not been considered more seri- mains that allows certain exemptions protections as other people around this ously through the years. I think we to these laws and permits different ap- country? The answer to that has to be have taken care of it in this bill. The plications to different employees. This that it is right. And that is the reason separation of powers is very, very real. has helped create the impression why I think we have a lot of bipartisan It is in the Constitution. When one among many citizens that Congress ex- support for this legislation. branch of government gains ascend- empts itself from the same employ- Congress has responded in the last ancy over another, or authority over ment and antidiscrimination laws that few years to the call for a uniform ap- another branch of government, it is a it applies to the general public and to plication of employment and anti- very serious matter. Many of our Mem- other entities of government. discrimination protections to our em- bers through the years have been very There have been a number of state- ployees. We made some moves. A Bi- concerned about this. ments. People have commented on the partisan Task Force on Senate Cov- Last year, in a meeting with our then fact that on November 8 the people of erage, which was established in 1992 in majority leader, Senator Mitchell, he this country sent a message they did the 102d Congress, and the Joint Com- asked me to work on a bipartisan solu- not want business as usual anymore. I mittee on the Organization of Con- tion for this. In the Governmental Af- think that was a generally accepted gress, which was also created in 1992, fairs Committee we had as a starting message that was received here on Cap- both proposed recommendations for place the very excellent bill introduced itol Hill. But there is another aspect of congressional compliance with employ- by Senators GRASSLEY and LIEBERMAN. this, too. We apply laws to the rest of ment laws. Numerous witnesses before Then, together with those two Sen- the country and the citizens of this the joint committee and in hearings of ators and other Senators from both country in their places of employment the Senate Governmental Affairs Com- sides of the aisle, we worked hard to or their businesses or their organiza- mittee expressed the sentiment that reach a solution. I think we succeeded tions and we say, in all fairness, here is exemptions for congressional coverage with this bill. We included even strong- what you have to do. Here is what the had to end. The time had finally come. er applications of the laws to Congress Federal Government says. Whether it There were several significant pieces and we also included the text of that is civil rights or whatever, we say this of legislation introduced in the 103d constitutional independence, that sepa- is the way it is going to be because it Congress that drew from the work of ration of powers that I just mentioned. is right for our people. Repeat, ‘‘right the joint committee and the Task Our legislation won broad bipartisan for our people.’’ We base our legislation Force on Senate Coverage. I had a bill support, but unfortunately it was on that, what is right for our people. in. It was a Glenn substitute to H.R. blocked on the Senate floor in the clos- Are our people out there being dealt 4822, which followed action taken by ing days of the 103d Congress. with fairly by their employers? By the Senate Rules Committee on a sub- So I am particularly gratified that their Government? By their local gov- stitute version of S. 1824, which con- the Congressional Accountability Act ernments? By whatever we are passing tained sections on congressional cov- of 1995 is modeled closely on that pro- legislation on here? But at the same erage. There was other action by the posed legislation from last year. Also, time we say what is right for workers Governmental Affairs Committee on S. our new minority leader, Senator out there, what is right for employees 2071, which is substantially similar to DASCHLE, introduced our congressional out there, what is right for people the substitute to H.R. 4822 plus over- accountability legislation from last working in communities, is not nec- whelming passage by the House of its year. He did that the other day. But essarily right for those working on version of H.R. 4822. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 633 Senator Mitchell sought unanimous fices and provide an administrative or other political offices, would be de- consent that the Senate proceed to the process for handling complaints and ferred unless rules are issued by the consideration of my substitute to H.R. violations—provide an administrative new Office of Compliance. We expect 4822, as modified by a managers’ process for handling complaints and that Office of Compliance to get into amendment, on October 6, 1994. But violations—a key part of this legisla- operation just as quickly as possible there was objection to proceeding. Sen- tion. after this legislation is passed. ator LOTT objected to the motion to The following laws would be applied Who are covered employees? The move to consideration of the bill and to legislative branch employees. First, compliance provisions for the preced- this Republican objection prevented under antidiscrimination laws, title ing laws would apply to staff and em- any further consideration of the meas- VII of the Civil Rights Act of 1964 ployees of the House, of the Senate, the ure in the 103d Congress. would apply; the Age Discrimination in Architect of the Capitol, the Congres- S. 2, the Congressional Accountabil- Employment Act of 1967, title I; Ameri- sional Budget Office, the Office of ity Act, is substantially—almost iden- cans With Disabilities Act of 1990; Re- Technology Assessment, and the newly tical. It is very similar to the man- habilitation Act of 1973; and under pub- created Office of Compliance itself. agers’ amendment to the substitute to lic services and accommodations under Congressional instrumentalities, as H.R. 4822 that was brought before the Americans with Disabilities Act, title they are called under that title—in- Senate at the end of the 103d Congress, II of the Americans with Disabilities strumentalities are such organizations as well as the congressional coverage Act of 1990, which prohibits discrimina- as the General Accounting Office, the language that is part of the current tion in Government services provided Library of Congress, and the Govern- leadership congressional reform pack- to the public; and title III of the Amer- ment Printing Office—will be covered age, which was S. 10, that we have al- icans with Disabilities Act of 1990. under some of these laws. But a study ready dealt with a couple of days ago. Workplace protection laws are very will be ordered to discern current ap- Just a little short summary state- important. Why should we exempt our plication of these laws to the instru- ment of what is provided in the legisla- people in those areas of workplace pro- mentalities and to recommend ways to tion today. S. 2, the Congressional Ac- tection laws? Are we a factory? No, we improve procedures. countability Act, would apply a num- are not. But should we protect those This was necessary, at least in part, ber of Federal workplace safety and people here on Capitol Hill who work because some of these instrumental- labor laws to the operations of Con- and have some concerns about their ities had already taken action some gress. The bill also provides a new ad- safety? Workplace protection laws and years ago to make some of these laws ministrative process for handling com- fair labor standards: Should they be apply to their own operations. So the plaints and violations of these laws. I protected? How can we say that they General Accounting Office has taken had not mentioned that in any detail should not be protected? So under certain actions that the Library of before, but that is a very key part of workplace protection laws, we have the Congress or the Government Printing this legislation and addresses the dif- Fair Labor Standards Act of 1938, con- Office has not taken. And so, rather ficulties that Members have had deal- cerning the minimum wage, equal pay, than just saying we set down in con- ing with this separation of powers maximum hours, and protection crete mandates for all of these dif- through all of these years, which has against retaliation, regulations which ferent organizations, we felt it was bet- been the basic reason why legislation will be promulgated to track the exec- ter to make a transition period where has been held up. utive branch regulations. we would have a study to discern cur- I do not quarrel with those concerns. These regulations will take into ac- rent application of these laws to the in- They are very real concerns. In other count those employees who work irreg- strumentalities and to recommend words, if you had an administration so ular schedules or whose schedules de- ways to improve procedures. inclined and they wished to go into a pend directly on the Senate which, as What are the protections and the pro- super enforcement of OSHA or clean we all know, is an irregularly sched- cedures for which people might seek air or whatever the bill was, and you uled body at best. Also, under work- remedy? The bill provides the following wish to apply some sanctions to Con- place protection laws; OSHA, the Occu- five- step process, which is similar to gress in return for getting something pational Safety and Health Act of 1970; some current Senate procedures for else that a President wanted sometime, the Family and Medical Leave Act of employees with claims of violations of would they do that? I think those of us 1993; the Employee Polygraph Protec- the Civil Rights and Americans with who have been around here for a while tion Act; and Worker Adjustment and Disabilities Act and employment dis- have seen some pretty politically moti- Retraining Act, which requires a 60-day crimination laws, for violation of fam- vated executive branch officials who notice of office closings or mass lay- ily and medical leave protections, for just might take such action against offs—you might say we are not a fac- violations of fair labor standards, vio- the legislative branch. I do not think tory, that we do not have to give 60-day lations of laws regarding polygraph that would be commonplace, but notice. But we do have people working protection, plant closing, and veterans should we even set up in law the possi- for us here on Capitol Hill, such as the reemployment violations. If there are bility that that might happen? Government Printing Office and some concerns in those areas and an individ- So the second part of what I just others, that should have the same pro- ual or individuals wish to file a com- read, as a summary: The bill also pro- tections that people out there in indus- plaint, they would go through a sev- vides a new administrative process for try have because they are performing eral-step procedure. handling complaints and violations of at least a semi-industrialized function The first step will be they would be these laws, which is a key toward deal- for us here on Capitol Hill. required to go through counseling, ing with this problem of separation of The Occupational Safety and Health which could last up to 30 days and must powers. We set up a separate process by Act of 1970, Family and Medical Leave be requested within a 6-month statute which people can bring complaints Act—I read these before—Employee of limitations. about how they are being dealt with. Polygraph Protection Act, Worker Ad- If that does not take care of things, if That is a very key part of this legisla- justment and Retraining Act, the 60- you cannot counsel people out of this tion, and something that is different day notice that I just mentioned; and into an acceptable solution, then you from most of the proposals that oc- another one, the Veterans Re-Employ- go into step two, which is a mediation curred back through all of these years. ment Act, which grants veterans the service. That, too, can last for 30 days, I may run through some of the major right to return to their previous em- and must be pursued within 15 days. provisions. ployment with certain qualifications if Let us say that the aggrieved party, First, in the application of workplace reactivated or if they are drafted. or the person who feels they have been protection and antidiscrimination Under labor-management relations, aggrieved, feels at that point they have laws, S. 2 would apply to several Fed- the Federal Service Labor-Manage- not been dealt with fairly. They have eral laws regarding employment and ment Relations Statute of 1978, which been through counseling and medi- the operation of legislative branch of- applies to personal staff, committees, ation. Step No. 3 they could take, if the S 634 CONGRESSIONAL RECORD — SENATE January 9, 1995 claim cannot be resolved, is then a for- tion world, out there across the coun- ‘‘Employees who are employed in a mal complaint and trial before an ad- try. bona fide executive, administrative, or ministrative hearing officer. That For claims under the ADA, title II professional capacity’’ are not covered would be the next step. and title III relating to discrimination by the minimum wage and maximum At that point, if the person still says, in Government services, we provide the hours provision. Interns are also ex- ‘‘I don’t feel I’ve gotten justice here, so following steps: A member of the public empted. In addition, compensatory I want to go ahead with this thing,’’ may submit a charge to the general time may not be offered in lieu of over- there would be another step. After the counsel of this Office of Compliance. time. That does not apply to those I hearing, any aggrieved party may still The general counsel could call for me- just mentioned—executive, administra- appeal to the Office of Compliance’s diation. The general counsel may file a tive, or professional capacity people. board of directors. complaint, which would go before a Otherwise, we have to abide by the So at that point we are up to a four- hearing officer for a decision. There same laws that apply to everybody else step process—counseling, mediation, could be an appeal to the board and, across this country. and the administrative hearing officer once again, there could be an appeal to Otherwise, remedies for violations of can still request that this go before the the U.S. Court of Appeals. rights of all other employees under the board, the Office of Compliance’s board For violations of OSHA, the bill pro- FLSA will include unpaid minimum or of directors. Even at that point, after vides the following procedures: Em- overtime wages, liquidated damages, all these four steps, if a person feels, ployees would make a written request attorneys’ fees and costs. no, I feel I still have not received my to the general counsel, again, to con- Let me briefly address the Office of due or have not received a fair shake, duct an inspection. The general counsel Compliance, because they have a great then they can take it outside to the will not only conduct the inspection deal of authority and would be a very U.S. Court of Appeals for judicial re- but will also inspect all facilities at important part of this whole operation. view. least once each Congress as a normal S. 2 will establish an independent, non- I think that gives the employees here course of events. We may not have the partisan Office of Compliance to imple- on Capitol Hill tremendously increased expertise to do that, so they would ment and oversee the application of protection. The bill would allow em- most likely use detailees from the antidiscrimination worker protection ployees to bring suit in Federal district Labor Department, who are familiar laws. Under rulemaking, the office will with OSHA regulations and in admin- promulgate rules to implement these court. Let me explain this a little bit. istering OSHA law out in the civil sec- statutes. In other words, normally we I mentioned that five-step process. An- tor. They could give advice in this area pass legislation here on the Hill, and it other option is that if the employee did and even conduct inspections at the re- goes over into a branch or agency of not wish to go through that whole quest of the general counsel. Government, and that branch or agen- process of counseling, mediation, the Pursuant to that, citations may be cy then writes the rules and regula- hearing officer, the board, and so on, issued by the general counsel and dis- tions that apply all across the country. the person could say, OK, after that putes regarding citations could be re- That has been one of the hangups, be- mediation step—just the mediation ferred to a hearing officer once again. cause of this separation of powers step now, counseling and mediation—at Appeal of hearing officer decisions through all these years. So we basi- that point the aggrieved employee could go to the board. The board may cally gave that authority for rule- could start up a separate track and go also approve requests for temporary making to this Office of Compliance. directly outside to the U.S. Federal variances. And, finally, an appellate The office will promulgate rules to im- district court, rather than proceeding court review of decisions of the board plement the statutes. Congress may ap- to an administrative hearing. The dis- would be in order. prove and change, by joint resolution, trict court remedy would include the There would be a 2-year phase-in pe- rules issued by the office. But if Con- right to a jury trial. The option to seek riod for the OSHA procedures, to allow gress fails to approve rules by the ef- district court redress could occur only inspection and corrective action. A sur- fective date within the legislation, after an employee went through the vey also would be conducted to identify then applicable executive branch rules counseling and mediation process. That problems and to prepare for unforeseen would be applied. is required, whichever track you want budget impact. Some of these correc- Rules would be issued in three sepa- to go through—the counseling and me- tive actions might be expensive. So you rate sets of regulations: One, those diation process. cannot just say that we will put some- that apply to the House of Representa- Then you can decide whether you thing in without considering the budg- tives; two, those that apply to the Sen- want to go up the first track I went et impact here on Capitol Hill. Pen- ate; and, three, those that apply to through, the five-step process. Or you alties would not apply under the OSHA joint offices and the instrumentalities might say: I want to go outside, I am provisions, because this would result of the Congress that I mentioned a mo- going directly to district court. That is only in shifting among accounts in the ment ago. Rules for each Chamber in there because that is what any busi- Treasury. In other words, you are going would be subject to approval by that nessman or organization across this to find somebody on Capitol Hill on body. Rules for the Senate would be ap- country can do. If they have a problem OSHA violations and the money would proved by the Senate. Rules for the and they do not get satisfaction from go from there to Treasury, transferring House would be approved by the House. the agency or the Government entity it from one pocket to the other in the I would presume that most of those involved, they could go directly to dis- Treasury accounts. will be the same. I do not think there trict court and file suit. So we give our The following process applies to vio- would be much difference from one own employees here the right to do the lations of collective bargaining law. body to the other, or to grant the force same thing if they feel they are not First, petitions will be considered by and effective law by joint resolution of being dealt with fairly or they prefer the board and could be referred by the the Congress, if that was required. not to go up that more lengthy in- board to a hearing officer. Charges of Rules for joint offices and instrumen- house procedure before they could, as a violations would be submitted to the talities would be subject to approval by last step, go to the U.S. Court of Ap- general counsel. Once again, they will concurrent resolution. This Office of peals. So there is a dual track they can investigate and may file a complaint. Compliance will be a very important go through, and it is up to whoever The complaint would be referred to a office for Capitol Hill. It will be some- would be filing the charge. hearing officer for a decision, subject thing new and different. With respect to discrimination based to appeal to the board. Negotiation im- Membership of this Office of Compli- on race, color, religion, sex, or national passes would be submitted then to me- ance: The office will be headed by a origin, remedies include reinstatement, diators, and next a court of appeals re- five-member board that will be ap- back pay, attorneys’ fees, and even view of board decisions will be avail- pointed to fixed, staggered terms of of- other compensatory damages. That able, except where appellate review is fice. The board will be appointed joint- matches what happens out in the not allowed under the Federal service ly by the Senate majority leader, the world, the business world or organiza- labor-management relations statute. Senate minority leader, the Speaker of January 9, 1995 CONGRESSIONAL RECORD — SENATE S 635 the House, and the House minority we wrap this thing up tomorrow night. and their dependent children. In fact, leader. Membership may not include So I urge my colleagues to get their the requirements and constraints lobbyists, Members, or staff except for amendments over here to the floor so under which Members of Congress live Compliance Office employees. Its chair that they can have them considered would be considered a outrageous in- will be chosen by the four appointing today. trusion on individual liberty and pri- authorities from within the member- Mr. President, I yield the floor. vacy in most other contexts. I have no ship of the board. Mr. President, I suggest the absence quarrel with any of those require- Under settlement and award reserves: of a quorum. ments. Payment for awards of House and Sen- The PRESIDING OFFICER. The ab- This bill raises serious constitutional ate employees will be made in a new sence of a quorum has been noted. The issues with respect to the status and single contingent appropriation ac- clerk will call the roll. functions of the Senate and of individ- count. All settlements and judgments The legislative clerk proceeded to ual Senators. must be paid from funds appropriated call the roll. The bill leaves unresolved a whole to the legislative branch, not from a Mr. BYRD. Mr. President, I ask unan- array of practical and administrative Government-wide judgment account. In imous consent that the order for the issues that inevitably will impinge on other words, it will be solely adminis- quorum call be rescinded. the Senate’s capacity to perform its tered here on Capitol Hill. Once again, The PRESIDING OFFICER. Without legislative and other functions. It dele- concern about the separation of powers objection, it is so ordered. dictates that. There will be no personal Mr. BYRD. Mr. President, I thank gates these issues to a board having a liability on the part of Members. the Chair. broad and, in fact, unique combination Mr. President, that is a thumbnail Mr. President, after careful consider- of executive, legislative, and judicial sketch in some detail here, a rundown ation of the issues involved, I have de- authority encompassing a large num- of what this bill provides and how it termined that I must vote against the ber of legal issues in a way that is un- will be administered and how it would Congressional Accountability Act of precedented in the Federal Govern- take care of some of these problems of 1995. I do not expect to persuade others, ment. As a result, we have in this bill separation of powers that have plagued and there may be no others who will an unknown and unknowable potential consideration of this bill for all these vote against this act. I may be alone. for serious dislocation and disruption years. There should be no mistake about my of the Senate’s constitutionally or- So, Mr. President, I would only close intentions. I support the goal of this dained role. by saying we do not plan to make more legislation. It is the means for imple- Now, Mr. President, I want to take a lengthy speeches this afternoon. We menting the provisions in the bill to few moments to explain these problems have gone through some of these things which I largely object. I support hold- in greater detail. before. I thought it was worthwhile ing all Senators accountable for the going through them again, since we treatment of their employees. We CONSTITUTIONAL ISSUES have gone through the weekend. should and we must evaluate our em- THE BICAMERAL PROBLEM But I urge my colleagues in their of- ployees’ job performance on the basis This legislation establishes a bi- fices, or their staffs, if you have an of merit, not with respect to race or cameral office and a bicameral board amendment, let us get it over to the gender or age or national origin or reli- with plenary powers over all of the em- floor because the majority leader has gion or disability. We should and we ployment laws made applicable to the indicated a desire to have action wound must pay our employees fair wages for Congress and to other legislative up on this, terminated by Tuesday the work they do. We should and we branch entities. This structure, I be- evening, by tomorrow evening, at must provide our employees with a safe lieve, is fundamentally inconsistent around 7 o’clock. environment in which to work. I have with the bicameral nature of the Con- And I say to my Democratic col- been in Congress now going on my 43d gress ordained in the Constitution. leagues, we are the ones that have the year. I have always held to these prin- Proponents will be quick to point out proposed amendments to this bill. ciples. We should and we must accom- that the legislation provides for sepa- There are none pending on the Repub- modate the disabled and allow employ- rate sets of rules for the House, Senate, lican side. They were able to convince ees to take leave when they are blessed and the remainder of the legislative all their Members to put off their con- with the birth of a child or a family branch. But this is no real solution to cerns to a later time. That does not member becomes seriously ill. the basic problem. If this legislation is mean that I am joining them in that. I Over the past several years the Sen- enacted, we will have a single bureauc- think we have every right on the floor ate has made considerable progress in racy making policy for the entire legis- here to address whatever concerns this area. Most of the employment laws lative branch, however that policy may Members have and whatever amend- addressed in the bill before us already be packaged. ments they wish to put on this bill. apply to the Senate: discrimination I can understand the majority’s de- laws apply, the Rehabilitation Act ap- The Constitution indisputably estab- sire that there be no amendments to plies, the Family and Medical Leave lishes a bicameral legislature. The the bill, but it has been a rare occasion Act applies, the Americans With Dis- Framers intended to create two sepa- in the history of the Senate when that abilities Act applies. I believe I am cor- rate and independent Houses of the has occurred. rect in all of this. This is probably one Congress as integral components of But I urge my colleagues on the of the best kept secrets around here their overall plan of shared and divided Democratic side who still have amend- and across the country. It will no doubt power. The Senate and House, by de- ments on this to get over here and get come as a surprise to the media so sign and precedent, have unique and them presented, because we are going many of whom seem much more inter- distinct roles within the constitutional to fast run out of time tomorrow. If we ested in our institutional failings than structure. The discharge of the Sen- do not consider some of these this in our many achievements. ate’s unique responsibilities requires afternoon, then we have a limited time Furthermore, contrary to popular independence. The intent of the Fram- tomorrow morning. We go out for our misimpression, Members are subject to ers in this regard is obvious in the respective party conferences tomorrow the laws they make in their capacities plain words of the Constitution. between 12:30 and 2:15, as is our custom. as private citizens. Members who own Article I, Section 5 of our Constitu- So that means we have a considerable businesses or act in any private capac- tion provides that each House may de- block of time taken out right in the ity, must comply with all Federal, termine the rules of its proceedings. middle of the day and we will be com- State, and local laws applicable to any Two principles are expressed in this ing back on the floor tomorrow with business owner or citizen. In addition, provision. First, each House is ac- just a little bit of time left until we Members are subject to many laws not corded the constitutional right of self- reach 7 o’clock tomorrow night. If ev- applicable to other citizens or private governance with respect to its internal eryone waits until that time to bring businesses, such as public financial dis- operations. Second, neither House has their amendments over, I am afraid closure, including reporting assets and the authority to govern the other some of them will get left out before liabilities of themselves, their spouses, House or to determine the rules of the S 636 CONGRESSIONAL RECORD — SENATE January 9, 1995 other House. The bill before the Senate after the Senate has expended consider- ADMINISTRATIVE AND PRACTICAL PROBLEMS today is an affront to those constitu- able sums establishing the bicameral COLLECTIVE BARGAINING tional principles. If this bill is enacted, Board and eliminating the current Sen- Mr. President, this bill, as I under- the Senate’s constitutional power of ate Fair Employment Office. stand it, delegated to the Office and self-governance will be seriously im- Let me explain more specifically how the Board the power to decide a whole paired. And the Senate’s protection this bill permits unprecedented judicial range of very complicated and poten- from interference by the House of Rep- intrusion into the Senate’s affairs. tially highly political questions with resentatives will begin to erode. Con- Under this bill, a Senate or other con- respect to the application of these stat- versely, the same is true with respect gressional employee need not use the utes in particular circumstances in the to the House. This is a slippery path we dispute resolution and enforcement Senate. Let me just give you a few ex- must not travel. procedure provided through this new amples of what we are giving this SEPARATION OF POWERS Office of Congressional Compliance. In- Board and its associated bureaucracy Articles I, II, and III of the Constitu- stead, he or she may file a lawsuit di- the authority to do. tion establish a government consisting rectly against a Member’s office in The bill extends the rights and pro- of three independent branches. The Federal court in the district in which tections of the Federal Service Labor Framers of the Constitution separated the employee works. In the course of Management Relations Act to the Con- the judicial, executive, and legislative pretrial discovery, a Federal judge gress. This is the law that provides for functions for the purpose of limiting could order a Senate employing office collective bargaining in the executive the power of any one branch, while pro- to produce documents and other infor- branch of the Federal Government. It viding distinct duties to each branch. mation in the possession of the em- should be noted that this statute is This arrangement of distinct branches, ploying office. The employee is entitled substantially different from the Na- with different but interdependent pow- tional Labor Relations Act, under to a jury trial. If the court finds in ers, is the keystone of the constitu- which private sector employees collec- favor of the employee, it could order tional system for checking arbitrary tively bargain and have the right to the Senate office to submit periodic re- power. As The Federalist, No. 48, strike. When Congress applied collec- ports to the court to satisfy it that the states, no branch of government may tive bargaining laws to the executive problems have been eliminated. The ‘‘possess, directly or indirectly, an branch, Congress recognized the dis- overruling influence over the others, in court also could appoint an individual tinctive character of that branch of the the administration of their powers.’’ to inspect the Senate offices and to Federal Government and its functions. This constitutional principle is tram- interview Senate employees to satisfy Thus, Federal employees do not have pled in the bill before the Senate the court that no employment prob- the right to strike. Nor can unions rep- today. It permits the judicial branch to lems reoccur. I submit that this level resenting Federal employees bargain intrude on and thereby directly inter- of intrusion by the judicial branch into about wages. I would submit that the fere with the Senate’s administration the affairs of the legislative branch same concern for the special role and of its powers. We should not so lightly violates the constitutional doctrine of function of the Congress should war- allow the erosion of the very concepts Separation of Powers, and it rant such full and careful consideration that are at the core of our Constitu- impermissibly intrudes on the Senate’s as well. Certainly we should not as- tion. constitutional power of self-govern- sume in a simpleminded way that the The last judicial statement to ad- ance. Congress is just like the executive dress this issue directly, firmly holds The potential for political mischief branch or any other institution. But against diluting the principle of Sepa- this provision creates should be obvi- such a measured approach is not taken ration of Powers. In 1986, the U.S. ous. Political opponents and possible by this bill, in my judgment. Court of Appeals for the District of Co- challengers with law degrees will be UNFAIR LABOR PRACTICE EXAMPLES lumbia Circuit held that Members of lining up to offer their services as Let me give some concrete examples Congress had absolute immunity under counsel for plaintiffs in such cases. of the kinds of policies that will be the speech and debate clause for per- Moreover, I suggest that this system made by this Board in the area of col- sonnel decisions concerning positions eventually will lead to a constitutional lective bargaining. The Board will de- of employment relating to the legisla- impasse. It will be only a matter of termine what an unfair labor practice tive process. In Browning v. Clerk, U.S. time before a court issues an order that is. And what is an unfair labor prac- House of Representatives, the court stat- intimately intrudes on the Senate’s tice? Under the Federal Labor Rela- ed: powers. At this point, the Senate may tions Act and annotated case law, an The speech and debate clause is intended very well refuse to comply. Such an unfair labor practice would include the to protect the integrity of the legislative impasse will be unresolvable. The Su- following: Failure to bargain with the process by restraining the judiciary and the preme Court may order the Senate to union over the effects of layoffs, mov- executive from questioning legislative ac- tions. Without this protection, legislators comply, but it is within the constitu- ing offices from one location to an- would be both inhibited in and distracted tional powers of the Senate to refuse. other, reassigning duties of employees, from the performance of their constitutional What is the compelling reason for pass- hours of work and break time. Do not duties. Where the duties of the employees ing a law that invites such a constitu- be fooled by the argument that most implicate speech or debate, so will personnel tional showdown, particularly when we Senate employees will be exempt from actions respecting that employee. have a workable system in place? these requirements. That is not obvi- This is not the first time the Senate ous on its face. In fact, the way this has been down this path. In 1985, we POWER OF THE BOARD law has been construed in the execu- passed the Gramm-Rudman bill; our in- I have other concerns about this bill. tive branch, the right to organize and tentions were good, but our means It grants unprecedented plenary powers bargain collectively covers all non- were faulty. Like the bill before this to a bicameral board. The Board will be supervisory employees with minor ex- body, the Gramm-Rudman bill failed to the equivalent of the Equal Employ- ceptions. Senators might ask them- respect the constitutional principle of ment Opportunity Commission, the selves whether their legislative assist- Separation of Powers. It delegated ex- Labor Department, the Federal Labor ants are supervisory employees by any ecutive powers to a lesser legislative Relations Authority, the Occupational credible standard. How may we suppose entity and it retained the Senate’s Safety and Health Administration, and the Board will decide? ability to remove an executive officer. other Federal agencies with enforce- The Board also will define the scope But our error in passing that law was ment powers. It will have the authority of appropriate bargaining units. The soon rectified. In 1986, 1 year after to submit legislation, to interpret questions here are even more signifi- Gramm-Rudman was enacted, the Su- laws, to enforce the laws against the cant from a institutional perspective: preme Court declared it to be unconsti- Senate, and against the offices of Sen- First, will the bargaining unit be tutional. If enacted, this bill, which I ators. Never has this body granted so confined to a single Senate office? think is similarly flawed, may be like- much authority over its operations and Second, will it encompass all Senate ly declared unconstitutional, but only powers to an outside entity. offices? January 9, 1995 CONGRESSIONAL RECORD — SENATE S 637 Third, will it encompass all Senate ing the Senate Office of Fair Employ- day not matching the actions of Sen- and House offices? ment Practices. The annual operating ators. The rhetoric is—Let us make Fourth, will it include all employees cost of the Office of Senate Fair Em- Congress live by the laws it passes for with similar jobs in the Senate, in both ployment Practices is approximately everyone else. The action being taken Houses, or throughout the legislative $800,000. The bureaucracy envisioned in will result in costing American tax- branch? this bill will inevitably be several payers millions of dollars and the cre- On all of these questions, the legisla- times as large and correspondingly ation of a brand new bureaucracy. tion is silent other than to say that the more expensive to the taxpayers. For The exemption from some laws has Board will make these decisions. De- example, section 302 of the bill empow- facilitated the Member’s ability to pending on the outcome, it could well ers the Board to appoint an executive serve his constituents and to do the be that we will have unions represent- director; two deputy executive direc- business of the Nation. The Hill is not ing all legislative assistants and other tors; a general counsel; as many addi- a 9-to-5 operation. The Nation’s busi- classes of employees in the Senate—or tional attorneys as may be necessary ness cannot be confined to normal busi- in the Senate and House. to enable the general counsel to per- ness hours. Constituent problems do form his duties; such other additional Remember, to be recognized as a rep- not always occur conveniently within resentative of the bargaining unit, the staff, including hearing officers as may the confines of a normal business day. labor organization only has to win a be necessary; and, the executive direc- In order to provide maximum service majority of the votes. That means that tor may procure the temporary or to our Nation and to the people we rep- if a majority of the legislative assist- intermittent services of consultants. resent, we ask our staffs to work long ants in the Senate or in the House or in But even if costs were not an issue, and arduous hours, and we ask them to both Houses of Congress vote to have a even if for the purposes of argument union, then that union is the sole bar- one assumes that this office would view their work as public service. Sure- gaining authority for all legislative as- achieve administrative efficiency, ly this ability to serve will be some- sistants in the Senate or in the House there is a larger question. At what what compromised if we apply certain or in both Houses of Congress. Senators point do we bend to the political dema- of these laws to employees of the Sen- will no longer have the ability to struc- goguery of the day and at what price ate and the House. Certainly the cost ture and manage their staffs consistent does the Senate surrender its constitu- of providing present services will go up with the unique needs of the States tional right of self-governance and its under the requirement that we must which they represent without first con- independence from the executive and pay overtime. Every year we hear com- sulting with union representatives. judicial branches and from the House plaints about the cost of the legislative And who will bargain on behalf of man- of Representatives? branch, and we have repeated efforts to agement? Individual Senators? The One final point about funding, Mr. cut the budget of the legislative Senate leadership? The joint congres- President. Under this legislation, the branch. sional leadership? The Board will de- director of this new bicameral bureauc- I wonder what the folks at the town cide. racy can hire as many staff, consult- meetings would say if after the cheer- JOB CLASSIFICATION AND DEFINITION ants, and inspectors as he wants. Elect- ing stopped, a Senator would explain The Board and its bureaucracy also ed representatives, both Members of that bringing the Hill into compliance will serve, in effect, as the Wage and the House and Senators, will be with- with certain laws would mean lessened Hour Division of the Department of out authority to review, control, mod- services to the taxpayer at a substan- ify, or change any of these financial ar- Labor. In that capacity, it will decide tially greater cost. We will all comply rangements entered into on the sole the following kinds of issues: with these laws in our offices, but you, authority of the director. First, which employees must be paid the taxpayer, will get less rapid atten- It is highly irregular to empower the time-and-a-half for overtime; tion to your needs, and you will have head of a new agency to create its or- Second, what kinds of record keeping to foot the bill for this poorer service. ganization and establish its budget must offices maintain; I am not at all sure that the cheering without specific authorization and ap- Third, whether or not the Board and would continue. I am not at all sure propriation. Under section 305, one will its bureaucracy has the right to in- that the cry for bringing the Hill into find the following language: spect detailed payroll records; compliance with all of these laws Fourth, what positions are com- Until sums are first appropriated pursuant would be so popular if the public under- to the preceding sentence, but for a period stood what taking that step would parable for purposes of the Equal Pay not exceeding 12 months following the date Act? Are the tasks performed by a leg- of the enactment of this Act— mean in terms of their needs, the serv- islative assistant who works for a rural (1) one-half of the expenses of the Office ices they have a right to expect to re- Congressman the same as for a legisla- shall be paid from funds appropriated for al- ceive, and their pocketbooks. But, that tive assistant who works for a Senator lowances and expenses of the House of Rep- is the age in which we live. Anything from the most populous State, for ex- resentatives, and that sounds good on the surface, we ample? (2) one-half of the expenses of the Office rush to do. Anything which the talk shall be paid from funds appropriated for al- show jockeys can whip up the public These are important decisions which lowances and expenses of the Senate, upon go to the heart of a Senator’s ability to vouchers approved by the Executive Direc- about becomes the basis for legislation. represent those who sent him to the tor. Never mind whether or not it is really Senate and should not be left to the The Appropriations Committee will in the public interest. Just enact some- unbridled discretion of an unelected thus be faced with a staff which is al- thing to quiet the latest fad criticism and largely unaccountable Board and ready in place, with a salary structure and move on. its bureaucracy. that has already been determined, with Well, I cannot and I will not support FUNDING ISSUES expenses already obligated and a very a measure which will likely have the And finally, Mr. President, there is difficult political situation. effect of shortchanging my constitu- the issue of cost. It is argued that a bi- This blank check on the Treasury of ents in terms of the services my office cameral board and bureaucracy will the United States is something, Mr. can provide and which then asks the somehow be more efficient and cost-ef- President, that no member of the Ap- shortchanged taxpayer to foot the bill. fective. I frankly believe that such op- propriations Committee and, indeed, no I congratulate Senator GLENN, who timism is based on little more than a Member of the Senate should condone. has spent many weeks and months of pious hope. If our experience with Gov- The American people should under- hard work in the effort to bring this ernment organizations shows us any- stand that they are the ones who will bill to the floor and to improve upon it. thing, it is that they tend to expand be paying the bills for this new bu- And I also compliment his counterpart, and to cost more than what is origi- reaucracy; for paying time-and-a-half Mr. GRASSLEY, for his interest and nally estimated. I have not the slight- to congressional employees; and for dedication to the legislation. I have est doubt that the cost of this new bu- hiring all of these new attorneys, hear- made this statement in keeping with reaucracy, when all is said and done, ing officers, and consultants. Here is my own views, after the experience of will far exceed the expenses of operat- another example of the rhetoric of the working on this Hill, now, for almost 43 S 638 CONGRESSIONAL RECORD — SENATE January 9, 1995 years. My staff and I have always felt We are not without being justifiably hibited as it is in other Government ac- that in taking on this job and in taking criticized, sometimes, here on Capitol tivities also. on the jobs as employees in my office, Hill. I remember some newspaper arti- I would say all we tried to do in this, that we are here to render a public cles just a couple of years ago of some after all these years of having this ob- service and we have never felt that this of the working conditions in the Gov- jection about the separation of pow- was a 9-to-5 operation. I have always ernment Printing Office. That is an in- ers—and that is a very real one, and attempted to pay my employees in ac- strumentality of the Congress. They has been a problem for me all those cordance with their merits and to pay were atrocious. They did not even come years, too, as it has for my distin- them well and to be liberal in leave close to passing safety and OSHA regu- guished colleague from West Virginia. time. And we have never felt, anybody lations that we apply all across the He was one who rose many years ago on my staff—and I have attempted to country to every other printing plant on the floor here and was very con- set the example for them, that we do and every business across this country. cerned about the separation of powers. not work from 9 to 5. We work until the So I would just say if it is right that we He brought some of this up a long time job is done. If it takes longer we stay impose these laws on other businesses ago, and rightly so, because we should here longer because we are in the serv- across this country, is it not also right not be giving away authority, back and ice of the public. And I do not find that we apply those for the protection forth, here. So what we did, instead of fault with others who feel otherwise of our own employees here on Capitol having the executive branch have the about it. And there is much good, I am Hill? authority to just say, ‘‘OK, we are sure, to be achieved in passage of the At the same time, I know everyone going up on Capitol Hill and we are legislation in many ways. But I have relates to the situation in his or her going to run a check on OSHA consid- outlined the reasons why I will not own office. What is going to happen in erations and we are going to do it on vote for it. our office on this? Let me say we pro- our own and we will enforce it by As I stated in the beginning, I antici- vide in this legislation that employees law’’—that gets into a very sticky pate that I may be the only one who who are employed in a ‘‘bona fide exec- area, as the Senator from West Vir- feels this way about it. I do not come utive, administrative or professional ginia knows. And it has been one of his here expecting to persuade anyone else. capacity are not covered by the mini- main complaints about this. My feelings are based on my own expe- mum wage and maximum hours provi- We set up this Office of Compliance rience and on my own knowledge of the sion.’’ That means, then, that the peo- which will set rules that are appro- problems that we confront here and I ple who are covered are basically cleri- priate to the unique operations of the do not seek to disparage the viewpoints cal people, people like that in our of- Congress. They will have considerable of others who may want to disagree fices. We can say that even they are re- authority. But we will have the appeals with me. quired sometimes to work irregular process, also. Mr. President, if I have any time re- hours. And that is true, they are, just Another area of the board’s authority maining I yield it back and I suggest as out in the private industry some- that I think may be misunderstood, the absence of a quorum. times people who are temporary em- and I want to clarify also, is most of Mr. President, I withhold the sugges- ployees or something are required to the rules for the Congress could prob- tion. work very irregular hours. Where that ably be approved once the board sees Mr. GLENN addressed the Chair. is a norm for the conditions of employ- them. The rules and regulations will The PRESIDING OFFICER (Mr. ment in private industry, they can have to come back for approval. I think GRAMS). The Senator from Ohio is rec- make an appeal from that and get re- most of those can be a joint resolution ognized. lief from the requirements of the law. that applies to both the House and the Mr. GLENN. Mr. President, Senator That is done on a regular basis by Senate, probably most of it. If there BYRD, in his experience here as major- those who have their employees work- are requirements, though, for one body ity leader, minority leader, repeat ma- ing very irregular hours. or the other to treat itself differently jority leader and so on, has an experi- The same way here on Capitol Hill, because of the different operation of ence level in this body that no one can that would be the province of the the House and Senate, then those rules match. And when he rises and ex- board, to issue regulations like that have to be approved by each House re- presses his concerns about things it is right here if we wish to be exempted garding their own operations. And if we of great importance to us because he from that. If we did not, if our clerical would deem it necessary here in the has studied these things and no one is personnel, for instance, and those who Senate to say our operation here is a greater constitutional scholar on normally out in industry would be unique to the House and we think the what is provided for, for the Senate and working a regular shift, say—if they rule here should be applied in a dif- the House, the separation of powers, are not exempted by the board then I ferent way and we passed that, and the and making certain that the balance of would say we are treating ourselves, House passed a different resolution powers within our form of government then, just like everybody else in the with regard to their operations, then remains intact and protected. When he country. If a person out there running the board would administer those rules rises to oppose this legislation it is of a business has some irregular working for that body according to what that particular concern to me and I want to hours and applies for relief from that body approved for itself. The Senate just address a couple of the items very so he does not have to comply with cer- rules that applied that the board would briefly here. I do not want to get into tain regulations, then I think we would administer might not be the same rules a big debate on this. do the same thing here. If we find it is of the House as it applies to them. But I would say we have passed, through not working right we would appeal to the board would be administering the the years, much legislation that ap- the board. In other words, the board rules as approved by each body for its plies all across this country. We did would be the authority here. Just as own operations. I was not sure that was that in the assumption that what we there is an appeals process out there in clearly understood. were doing was right. It was right to private industry, we would have our So it gives us the maximum flexibil- apply certain protections of workplace own appeals process here. ity, I think, and gives us protection for conditions and of how people were But I want to point out that bona the unique nature of congressional op- dealt with out there on safety in the fide executive, administrative or pro- erations, both the House and the Sen- workplace and on wages and conditions fessional capacity—they are not cov- ate, and allows for the peculiar nature of employment and so on. And we ap- ered by these minimum wage or maxi- of and the unique nature of the activi- plied them all across this land. Some of mum hour provisions. That would ties of both the House and the Senate. the arguments the distinguished Sen- cover our LA’s, our legislative assist- So we try to foresee these things. We ator from West Virginia makes are the ants, who would be considered as pro- may not have done a perfect job on it. same arguments that businessmen fessionals. As far as the right to strike, Senator GRASSLEY and Senator across this country have made. They that is prohibited here. I was looking LIEBERMAN put the bill in last year. We feel they are treating their employees up the language—I did not get it—just worked together on this. But I think I fairly. Yet we impose laws upon them. before I took the floor. But that is pro- fairly described how this whole thing January 9, 1995 CONGRESSIONAL RECORD — SENATE S 639 would operate. I do not know if Sen- name only. I have been involved with been decided. When President Nixon ator GRASSLEY wants to add anything the application of some of these laws was ordered to comply with a court de- or not. But that should clarify some of because I had what I considered a cision during Watergate, pure and sim- the concerns of my distinguished col- major victory at the time to get civil ple, he did. If the President of the Unit- league. rights laws applied to Congress in the ed States can obey a judge’s decision I yield the floor. fall of 1991. But the remedies that we saying that the most powerful execu- Mr. BYRD. Mr. President, I thank provided were not the same remedies tive in the entire world must obey a the distinguished Senator from Ohio for Hill employees that private-sector court order, then why would we as indi- for his consideration of some of the employees have. vidual Members of Congress have any concerns I have expressed and for his So I say that the law applies kind of question whatsoever if we have done explanation. in name only. It is on paper. But the something wrong and the independent I have absolutely no doubt whatso- absence of the identical remedy for em- judiciary or any one of its judges made ever as to his sincerity and his con- ployees of Capitol Hill makes current a decision and issued an order enforced scientiousness and his dedication to coverage inadequate. upon a Member of Congress. doing the right thing for and by every- The agency that we set up here, the The only way, then, that there could one concerned. As I stated in the begin- Office of Compliance, is a single agency be an impasse between Congress and ning, I guess I see this through the per- that does not make policy for the two the judiciary is if Congress refused to spective of having managed an office houses of Congress. No rule can be comply with the Court order interpret- here on the Hill for going on 43 years. adopted without the concurrence of the ing the Constitution. It is one thing for And I do not expect any other Members membership of the body to whom the opponents of this legislation to argue of this body to agree with me on this. rule applies, and there is no infringe- that Congress should be above the law, But I do thank the Senator. I salute ment upon the independence of the and, of course, I disagree with that; but him for his dedication and for his te- Senate on the one hand, the independ- it is breathtaking to argue that Con- nacity in working as long as he has to ence of the House on the other hand, or gress should be above the Constitution. bring this legislation to the Senate. the constitutional principle that each The board’s determinations regarding This is something that he feels strong- House can adopt its own rules. bargaining units and covered employ- ly about and I think I heard him speak There is a separation of powers. But ees under collective bargaining and about many times, even in our party constitutional analysis is not so gen- overtime will not take effect until conferences. eral as to say that the Supreme Court Members of Congress themselves ap- So I do not for one moment feel that will decide a case based upon an argu- prove the regulations. And I have faith what I think about the legislation is ment that the separation of powers has that for all the reasons that have been necessarily right. I approach things, been violated. The claim must be more expressed by the Senator from West generally speaking, feeling that I can specific than that. Virginia that Congress is different, be wrong. But it is pretty hard after 43 In the case law, the Supreme Court long hours are expected, that when we years to share a viewpoint that is dif- refuses to strike down legislation on deal with these regulations, my col- ferent from the one that has worked the broad argument that it somehow leagues will act to preserve their con- very well, I think, in my office over the violates constitutional separation of stitutional responsibilities. The board years. But I admire the Senator. I like powers. Specific constitutional provi- is unelected, but the board that gov- him and am very fond of him. sions must be cited, notwithstanding erns the Office of Compliance that will I hope he will understand that I come the novelty of the arrangement that we write the regulations is not unaccount- to the floor not to engage in a crusade have set up in this legislation. The Su- able, and it is not uncontrollable. against this bill or to persuade another preme Court’s decision upholding the The bill addresses separation of pow- mind. I simply wanted to state my own constitutionality of the Sentencing ers as well, by providing for legislative views, and that is it. On the next ques- Commission and the independent coun- branch, rather than executive branch tion, I hope we can be together. sel—these have been court cases within enforcement. The bill was crafted to I yield the floor, Mr. President. the last 5 or 6 years—demonstrates this take into account constitutional is- Mr. GRASSLEY addressed the Chair. point. sues, and I believe the courts would The PRESIDING OFFICER. The Sen- In my opening statement, I men- permit Congress to exercise these pow- ator from Iowa is recognized. tioned that executive branch employ- ers against its own activities. More- Mr. GRASSLEY. Mr. President, with- ees have some of the same rights that over, the bill expressly prevents waiver out repeating what my good friend we want to now give to Hill employees of any congressional prerogative. from Ohio, Senator GLENN, had to say under existing legislation we have al- One last point that I want to make is about our respect in this body for the ready applied to the private sector. that there was reference to the Brown- views of Senator BYRD, I would just Well, when an executive branch em- ing case, decided by the D.C. circuit in simply say that I associate myself very ployee’s rights are in question, these 1986. That was a case where there was much with the remarks of Senator rights are protected by the judicial a discharge of an official reporter at GLENN. I would like to make some branch. It is as simple as this: no one the House of Representatives, and it commentary on the issues raised by has ever found judicial enforcement of was challenged by that reporter. The the distinguished Senator from West the rights of executive branch employ- Court held the congressional defendant Virginia and follow along on what the ees to be unconstitutional. So my good to be immune under the speech and de- Senator from Ohio has said. Our intent friend, who spoke eloquently on this bate clause. The standard was ‘‘wheth- as we approach the writing of this leg- point, said that the judicial branch er the employee’s duties were directly islation is to be very cognizant of the should not enforce a decision against a related to the due functioning of the separation of powers and constitu- Member of Congress or Congress as an legislative process,’’ and ‘‘if the em- tional arguments that can be made. institution because it violates separa- ployee’s duties are such that they are One of the first points that was made tion of powers. Nobody raises that ar- directly assisting Members of Congress is that these laws already apply to gument when the judicial branch en- in the discharge of their functions, per- Congress, or at least some of these laws forces an executive branch employee’s sonnel decisions affecting them are leg- apply to Congress. As to those that do right under existing law; so why should islative and shielded from judicial not apply to Congress, Senators have a that be a problem for applying those scrutiny.’’ responsibility to make a conscientious laws to us? An independent, impartial If Members heard during the previous effort to make sure that the principles person, or the institution of the judici- speeches that Browning may effect of the law are applied out of a matter ary protects the rights of executive what we can do here on congressional of fairness to those employees that are branch employees. No one questions coverage to protect our employees be- working for Congress as an institution this. cause they might be an extension of or working for individual Senators. And there has never been an impasse our legislative duties, under the speech The laws that now apply to Congress between the executive branch and the and debate clause, you should observe do so in a way that is, in a sense, in judiciary when any of these cases has that the Supreme Court, 2 years later, S 640 CONGRESSIONAL RECORD — SENATE January 9, 1995 in 1988, issued an opinion that requires there, the small businessman, will And so we are saying we are applying Browning to be revisited. And here the apply to us. We do not do that. the same laws to Congress that we are Court was deciding what is referred to Under the bill, Congress will have its applying to our constituents. Not true. as the Forrester case. This case unani- own special regulations. We set up our Not true. You can say what you want mously held that a State court judge own special regulations. Separation of to, get up here and make all these did not have judicial immunity in a powers, sure. But we are out there tell- grandiose statements for 30-second suit for damages brought by a proba- ing our general public, our constitu- sound bites, but when you get down to tion officer whom that judge had fired. ents, that we are going to apply the it and you read the bill, we are taking The Court explained that in determin- same thing to us as we apply to them. care of Congress. We are giving immu- ing whether immunity attaches to a Now, I may vote for the bill, but I am nity to Congress. The immunity is particular official action, it applied a— going to tell you one thing, I want the there. Self-enforcement has not worked this is their words—‘‘functional ap- general public to know what we are very well. And that is what is happen- proach.’’ And then, ‘‘Under that ap- doing and what we are not doing. ing here. Self-enforcement is what is proach we examine the nature of the Congress will have its own special happening here and it has not worked functions with which a particular offi- regulations that may vary for each very good. cial or class of officials has been law- House. We may not have the same pro- Two years ago, Congress passed legis- fully entrusted, and we seek to evalu- visions in the Senate as they have in lation to extend coverage of several ate the effect and exposure that par- the House. It will vary between the employment discrimination laws to the ticular forms of liability would have on House and the Senate, its own rules of Senate. A Fair Employment Practices the appropriate exercise of those func- procedure, not what the general public Office was established and employees has—its own agency with its own in- tions. Officials who seek exemption were promised fair treatment. It was spectors with its own staff with its own from personal liability have the burden certainly an intent of these actions to general counsel with its own executive of showing that such an exemption is provide some protection against arbi- director and its own board. Now, you justified by overriding considerations trary employment decisions to employ- know, the general public out there does of public policy.’’ ees of the Senate. With this change in not have all that as we are setting up Thus, it is ‘‘the nature of the func- for ourselves. the majority, we have had employees tion performed, not the identity of the The law will not result in Congress that were within a few weeks of retir- actor who performed it, that informs being subjected to the same laws that ing, few months of retiring, and our immunity analysis.’’ apply to the private sector. It is a con- nondesignated employees—they were So you can see that in Forrester, the tinuation of special treatment of Con- not Democrat or Republican, Independ- Supreme Court is telling us that the gress by Congress. Any rose should ent or otherwise, they were profes- Browning decision is not as compelling smell so sweet. sionals—the professionals were fired so as it was for the 2 years before the The repeal of the exemption for Con- you could hire some more designated. Forrester case came before the Su- gress in the various civil rights and We will see employees terminated for preme Court. labor statutes would be the fulfillment the sake of termination. I yield the floor. of what the Republicans really prom- And we are going to have a lot of Mr. FORD addressed the Chair. ised by the Democrats. We would be cases, a lot of cases, when you fire a The PRESIDING OFFICER. The Sen- holding them to their promise, not to professional that is there because he is ator from Kentucky is recognized. their slogans. a professional, not because he is a Re- Mr. FORD. Mr. President, everything So when you get right down to it, it publican or Democrat or an Independ- sounds so good, it is almost hard to be- is very simple. You just say all the ent, whatever he might be. Is this ac- lieve it. The general public out there statutes that apply to the business peo- tion consistent with the intent of this believes that we are applying the same ple out there apply to us. That is very legislation? rules to our own institution as we simple. But, no, we are making it com- If the same laws are to apply to Con- apply to them. That is not true. That is plicated. We excluded the Members of gress and to the private sector, the not true. In the Americans With Dis- the Senate and the Members of the statutory provisions must be the same. abilities Act, for instance, we excluded House. We are giving the Senate and The enforcement agency must be the title II. We hear this rhetoric that we the House the opportunity to set up same, the remedies available to em- put that in. We excluded title II. Title different rules, and the expense is ployees must be the same, the regula- II is buildings and transportation. You going to be tremendous. tions must be the same, and the provi- wait until we have to change the other Impact on confidentiality: The bill sions for judicial enforcement and re- subway. That is fine, but the last one provides its office proceedings, includ- view must be the same as applied to cost $16 million. I wonder what the oth- ing hearings before a hearing officer the private sector. But, no, Congress is ers are going to cost. That is not com- and before the board on appeal, will be being good to itself again. Congress is ing out of my pocket or the Senator’s confidential. It would permit public re- being good to itself again. We are given pocket; it is coming out of the tax- lease only of the hearing officer’s or immunity. payer’s pocket. board’s decision, provided the com- So, Mr. President, I hope that we will The congressional exemptions in the plainant’s name had been redacted. look at what is coming down the pike. statutes as provided by this bill will do However, trial de novo will likely be- And I think it is appropriate. But let us a lot of things. If the same laws are ap- come the more popular avenue for the not fool the general public. Let us not plied to Congress as to the private sec- employee to pursue. A trial is usually say we are applying the same laws to tor, the statutory provisions must be not confidential and the parties would Congress that we have applied to them, the same. The statutory provisions are be named in the complaint. because we are not. not the same. The remedies available Just a lot of things that we are doing We will get in the argument about to employees must be the same, the here. separation of powers and all this sort regulations must be the same, and the The bill requires the office to develop of thing. But then that is an argument provisions for judicial enforcement and a system for the collection of demo- where you can take care of yourselves. review must be the same as it applies graphic data respecting the composi- Eight-thousand employees are now to the private sector. But, no, we do tion of congressional employees, in- serving in the Senate. We will go to ap- not do that. cluding race, sex, wages and a system proximately 24,000 employees that will We do not do that. No, we do not. for the collection of information on be covered; counseling up to 30 days; The Republican bill creates a special employment practices, including fam- mediation, 30 or more; inspections for agency, creates a special agency, to en- ily leave and flexible work hours, and OSHA and ADA, title II. You hear we force selective provisions of law to the report annually to Congress on the in- have put ADA, we have applied that to Congress. We set up a special agency. formation collected under such system. the Senate. We have not. We do not just say that the provisions How many employers out there have Investigation and initiation of that apply to the small employer down that done for them? How many? charges: In addition to Senate OFEP January 9, 1995 CONGRESSIONAL RECORD — SENATE S 641 staff above, the bill requires a five-per- sight of the House of Representatives and crued from official business for per- son hearing board and two, House and the’’; sonal use. They do allow the office Senate, deputy directors. We do not 3. On line 9 of the second page, strike from which accrued the miles to use them need all those. Just eliminate the stat- subparagraph (2) of paragraph (c): ‘‘the House of Representatives and’’; for additional travel. Thus, the Senate utes’ exemptions for us and let the 4. On line 8 of the first page, strike from regulations save the taxpayers money statutes apply to us. paragraph (a): ‘‘Government’’ and substitute by allowing Senators to use accrued So I will have more to say on this, I ‘‘office for which the travel was performed’’. frequent flier miles to fly back and guess, before we get through. But I just Mr. MCCONNELL. Mr. President, my forth to our respective States. want to be sure that people understand friend and colleague from Kentucky To the extent that the FORD amend- that we are not applying the same laws has offered an amendment which as it ment codifies existing Senate policy, I that we apply to our constituents to relates to the Senate codifies existing would argue that it is probably not the Congress. I hope that there will be policy. It is not possible, it is my un- necessary because that is already our an admission that we are not doing derstanding, under Senate rules, for a policy. But a consequence of the that. Member of the Senate to convert fre- amendment of my friend may be that We are doing more than we have quent flier mileage acquired as a result been. I have been for it for a long time. the frequent flier miles would be wast- of Government travel to personal use. ed and unusable. I got the Fair Employment Practices So, Mr. President, my assumption is Office set up. Who had the responsibil- Under our current regulations, as I that the amendment is designed to es- just outlined earlier, bonus miles ac- ity of that? That is a $900,000 annual tablish such a policy for the other crue to the office that pays for the budget. We have had several cases we body, and it is my view, and I think the ticket. That office may then use the have settled. All those things have Senator from Kentucky might—he can been transpiring. And wonder who paid speak for himself—have objected to the accrued miles for additional official for that? The taxpayers paid an addi- House passing a Senate rule when he travel. tional $900,000, plus whatever the costs was chairman of the Rules Committee. The amendment of my colleague were. And whatever happens in this in- Maybe he would not have. But it is my would have the miles accrued to ‘‘the stance, the taxpayers are going to pay view that since the Senate has already Government.’’ The airlines, as I under- for it. We have immuned ourselves. curbed this problem—I am not sure ex- stand it, do not allow the pooling of Confidentiality is there. All of that. actly when the rule was adopted—it bonus miles, not by private citizens And so, I hope those that who are lis- would be best that we not use this ve- and not by Government agencies. So if tening understand that what we are hicle that Senator GRASSLEY and Sen- an office with accrued miles must turn doing is in the right direction, but it is ator LIEBERMAN have been working so them over to ‘‘the Government,’’ those not what we are saying we are doing. hard on to impose a standard on the miles would in all likelihood be lost. We are doing something far different. House that it may well adopt for itself The result would be an increase poten- Mr. President, I yield the floor. at a time of its own choosing. tially in the cost of Government to the I suggest the absence of a quorum, But this issue of the use of frequent taxpayers. Mr. President. flier miles acquired as a result of the Finally, just let me reiterate what I The PRESIDING OFFICER. The expenditure of taxpayers’ dollars to said earlier, that I hope we would not clerk will call the roll. provide travel for Senators going back try to impose our longstanding rule on The legislative clerk proceeded to and forth to their States has long since the House. It seems to me that they call the roll. been solved. It is not a problem in the are not likely to respond to that kindly Mr. MCCONNELL. Mr. President, I Senate. and may well deal with this issue at a ask unanimous consent that the order One concern I do have about the par- for the quorum call be rescinded. time of their choosing. ticular crafting of the amendment by Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. my friend and colleague from Ken- COVERDELL). Without objection, it is so Mr. FORD addressed the Chair. tucky is that I gather the money saved ordered. The PRESIDING OFFICER. The by his amendment would accrue to Mr. MCCONNELL. Mr. President, Chair recognizes the Senator from Ken- ‘‘the Government.’’ Under the current what is the pending business? tucky. system, it is my understanding that The PRESIDING OFFICER. The Mr. FORD. The other Senator. the frequent flier mileage accrued goes pending business is S. 2. Mr. President, I think my colleague, to the office of the Senator; it is as- Mr. McCONNELL. Is there a pending Senator MCCONNELL, has a very weak signed to that particular office and amendment, Mr. President? argument. What he is saying is let the then, of course, can be used to defray The Ford amendment? House continue to take their frequent travel for the Senator back and forth The PRESIDING OFFICER. It is the flier mileage and use it personally; to his State, thereby saving the tax- Ford amendment No. 4 to S. 2. take your wife and family to Europe on payers money. AMENDMENT NO. 8 a nice trip, or go out to California on So it seems to me better if we con- (Purpose: To modify amendment No. 4 to S. miles earned by official expense. tinue the policy of allowing the Sen- 2 to clarify Senate regulations on the use That is number one. Number two, the ator to accumulate these miles for his of frequent flier miles) House says they are going to do this. Mr. MCCONNELL. Mr. President, I own Government travel back and forth to his State, thereby saving taxpayers Fine. I listened very closely to our ma- send an amendment to the desk. jority leader, Senator DOLE, when he The PRESIDING OFFICER. The money for that particular office. That is essentially my point, Mr. said this bill, in all probability, will be clerk will report. accepted by the House and we will not The legislative clerk read as follows: President, in offering this second-de- gree amendment. It is to simply limit have to go to conference. So if this The Senator from Kentucky [Mr. MCCON- the operation to the Senate, because amendment is not included in S. 2, NELL] proposes an amendment numbered 8 to then the House will continue for a pe- the Ford amendment. basically that is already our policy, and to refrain from seeking to estab- riod of time being able to use their fre- Mr. MCCONNELL. Mr. President, I quent flier miles for personal use. And ask unanimous consent that reading of lish this standard for the House be- I do not think the taxpayers want to do the amendment be dispensed with. cause I think they are not likely to that. Mr. FORD. I object. take kindly to our advice about how And, if we approve this modification, The PRESIDING OFFICER. There is they ought to handle this matter. or amendment, that my colleague has an objection. The clerk will report. Let me just briefly go over a short The legislative clerk read as follows: statement here that outlines what I submitted, then the purpose of Senator have said extemporaneously. FEINGOLD and I is just moot. There is 1. On line 7 of the first page, strike from paragraph (a): ‘‘or House of Representa- The Senate abides by travel regula- no need of having the amendment, tives’’; tions promulgated by the Senate Rules since the Senate already has its rule. I 2. On line 10 of the first page, strike from Committee. These travel regulations would prefer to keep it in. But never- paragraph (b): ‘‘Committee on House Over- prohibit using frequent flier miles ac- theless—and I am aware of the usual S 642 CONGRESSIONAL RECORD — SENATE January 9, 1995 practice that each House not legislate fered is in any way condoning of the rules back and forth that applied to with regard to the operations of the use of frequent flier miles for private different Houses in the past. other House. While this understanding use—private use of frequent flier miles I will at the appropriate time, prob- is generally, and I underscore gen- acquired as a result of Government ably tomorrow morning, since we have erally, honored, there have been a travel. That is certainly not my view. just discussed this a short time ago, number of circumstances where it has It is not the view of the Senate. And but I will probably have an amendment not. the vote on the amendment I offered after we dispose of this one that would One recent major incident, and I un- will be solely on the issue of whether ask the GSA, the General Services Ad- derscore major, was the House insist- or not the Senate ought to be making ministration, that supervises the trav- ence that the Senate official office ac- rules for the House. That is my view. I el, that they negotiate with the air- counts—if you remember that, we are guess reasonable people can differ lines to include a frequent flier mile re- just getting over that, we are just get- about that. duction in the original cost of the tick- ting over that—that the Senate official But in no way could a vote for the ets. Why should that not inure to the office accounts be modified by adoption second-degree amendment I have of- Government going in? We should not of restrictive language in the Legisla- fered be construed as condoning the argue about who gets the benefits of tive Branch Appropriations Act of 1991. policy that the Senate does not have. kickbacks later on, on frequent flier That, in effect, was a major implemen- We have not had this for quite some miles, but say if there is a reduced cost tation of new rules by the House on the time. So I personally certainly do not to the Government beyond the normal Senate. That change affected every support the use of frequent flier miles Government-reduced price, Govern- Member of the Senate, and required the accrued as a result of Government ment rate, for frequent flier miles in adoption of an extensive interpretive travel for private use. I know my friend addition to Government-reduced rates, ruling by the Senate Ethics Commit- from Kentucky was not implying that. apply those frequent flier reductions in tee, which my colleague should know But it is also my view that a vote for the original cost of the ticket. It seems plenty about since he is on the Ethics this second-degree amendment is not a to me that is very simple and solves Committee. vote to condone the use of frequent the whole problem. So I will introduce The net effect of the amendment that flier miles acquired as a result of Gov- deletes the House from this amend- ernment travel for private use. that tomorrow at the appropriate time. ment is to permit the House Members I will yield the floor. But I rise in strong support of the pro- to continue to convert frequent flier The PRESIDING OFFICER. The posal of Senator FORD. awards earned with taxpayers’ money Chair recognizes the Senator from The PRESIDING OFFICER. The to personal use. Is this the congres- Ohio. Chair recognizes the Senator from sional accountability that we talked Mr. GLENN. Mr. President, what our Iowa. about? It would be the only unit of distinguished colleague from Ken- UNANIMOUS-CONSENT AGREEMENT Government that is allowed to do that. tucky, Senator FORD, is trying to do Mr. GRASSLEY. Mr. President, first The executive does not allow it. The here is say if the Government pays the I want to make a unanimous-consent Senate does not allow it. But the House bills and there is a rebate of some kind, request. I am doing it for the Repub- flies anywhere they want to on the the Government should get the benefit, lican leadership and it is my under- perks from taxpayers’ dollars. I under- not the individual. It is that simple. standing it has been approved by the stand you want to let the House go For the life of me, I do not see how Democratic side of the aisle. ahead and do it. It seems to me that if anyone can argue against that, par- Mr. President, I ask unanimous con- we want to be accountable here—sure ticularly people elected over in the sent that at 2:15 on Tuesday, January we use, on our side in the Senate, those House now who are supposed to be 10, the Senate proceed to vote on the miles that are compiled from official cleaning up Government and all that McConnell second-degree amendment trips back home to have more trips or sort of thing. In other words, right now to the Ford amendment. to reduce the cost of our offices. It is over in the House the more you travel, The PRESIDING OFFICER. Is there pretty good, $300 or $400 a round trip, the more trips you can generate back objection? Without objection, it is so two or three trips, save $1,000; save and forth, the more you personally ordered. $100,000 in the Senate. It begins to gained for you and your family in free Mr. GRASSLEY. Mr. President, I now mount up. So the House, with 435 over travel paid for by the taxpayers. How ask for the yeas and nays on the there, it would be $435,000 that you anybody can justify that I do not McConnell amendment. would get back. You know, just a little know. I realize the House sets their The PRESIDING OFFICER. Is there a bit. own rules and we apply our own rules sufficient second? So I would say to my friend that if but I submit to my distinguished col- There is a sufficient second. this bill is going to become law—as I league, Senator MCCONNELL, we have The yeas and nays were ordered. understand the majority leader insists had rules applied back and forth be- The PRESIDING OFFICER. The that it will, if we do not amend it too tween the branches from time to time Chair recognizes the Senator from Ken- much—just to put this in the bill, I do in the past. I think there are lots of ex- tucky. not think the House will vote against amples of that. Mr. FORD. Mr. President, I want to it just because we say to them they I see this as almost a maximum per- clear up one item with my colleague as cannot use taxpayers’ dollars for per- sonal perk. How can you have a more it relates to his interpretation of sonal use. If you want to vote for that, personal perk than all your travel back whether it belongs to the Government let the House use it for personal use, and forth between here and the west or to the office. Under the rules of the you are going to get an opportunity, coast? You travel many, many, many Senate, and legislative counsel advised probably tomorrow afternoon around thousands of miles. Or Hawaii, the Sen- us to draft the amendment that way, it 2:15, or 2:30. But this amendment would ators from out there, you build up a says: modify the amendment I proposed with bundle of credit that over in the House Discount coupons, frequent flier mileage, Senator FEINGOLD by deleting the ref- they can use for personal family travel. or other evidence of reduced fares obtained erence to the House of Representatives, They can take a trip around the world on official travel shall be turned in to the of- and the proposal is just not acceptable. if they build enough of it up, at tax- fice for which the travel was performed so I urge my colleagues to oppose it. payers’ expense. I just do not see how that they may be utilized for future official I yield the floor. anybody can justify that, that Govern- travel. This regulation is predicated upon The PRESIDING OFFICER. The ment-paid-for tickets, with a rebate the general Government policy that all pro- Chair recognizes the Senator from Ken- coming back, that rebate should not go motional materials such as bonus flights, re- tucky. to the Government that paid for it. duced fare coupons, cash, merchandise, gifts, credits toward future free or reduced cost of Mr. MCCONNELL. Mr. President, I That goes back to the taxpayers who services or goods earned as a result of trips want to make it clear it is not the view paid for it to begin with. I do not think paid by appropriated funds, are the property of this Senator that this vote on the this thing of having the House deter- of the Government and may not be retained second-degree amendment I have of- mine its own rules—we have made by the traveler for personal use. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 643 So, it is the Government money but satisfactory to anyone. In the mean- The PRESIDING OFFICER. The it is returned to the office. So the lan- time, we should remember that the Chair recognizes the senior Senator guage in the amendment is there based amendment of the senior Senator from from Kentucky. on the rules of the Senate, and they Kentucky has no relationship to this Mr. FORD. Mr. President, I thank the would apply as a result of this amend- bill. Chair. ment. If I have spoken more than once, I You try a lot of things on this side I thank the Chair and yield the floor. have spoken a dozen times to make the that do not work. We voted overwhelm- The PRESIDING OFFICER. The point that the underlying legislation is ingly for a lobbying bill, gift bans, and Chair recognizes the Senator from something that was clearly an issue in everybody on the other side voted for Iowa. the last election. Whether you are a it, 93 to 5, overwhelmingly. Some go Mr. GRASSLEY. Mr. President, I rise Republican or Democrat, you were out of here, and the only excuse they in support of the amendment offered by probably elected on a proposition that had for not voting for it this time is Senator MCCONNELL, the junior Sen- you would vote for this. I did not run that they want to set the agenda. They ator from Kentucky. Just last week, into anybody in the campaign who was want to introduce their own lobbying this body overwhelmingly rejected an against this legislation, Republican or bill-gift ban bill. attempt to change the filibuster rules. Democrat. Now what we are doing is Now we are trying to uphold some- We did that for a very important rea- carrying out the will of the people, the thing that is absolutely the right thing son. We believe that it is an integral mandate of that election, to get this to do, and they say we should not im- part of the functioning of this body bill passed and get it passed as quickly pose it on the House. If they have been within our constitutional system to as we can. And the purpose of doing it doing it for a while, why not correct it protect minority interests and minor- as quickly as we can is so that we can now? Do not wait months from now. ity points of view in debate and consid- show the people of this country that it The distinguished majority leader eration of legislation. So we decided to is no longer business as usual. said that this is a bill that would be ac- maintain a historic Senate rule, and we So I believe that enacting existing ceptable on the House side. If it is voted for recognition of our uniqueness Senate rules into law sometimes may going to be accepted on the House side, when we did that. The House of Rep- be appropriate. So I will support the why not have something in there that resentatives and the Senate are two second-degree amendment. I want S. 2 is right? Let us do the right thing in- distinctly different bodies. They are to pass and to pass quickly, and adopt- stead of letting it go. If something bad entitled to adopt different rules, and ing the second-degree amendment, I has happened, if something bad is going one House should not dictate the rules think, will further our goal because it on, let us correct it now. Let us not of the other. is not going to complicate the bill. wait until we are down the pike. If any- The underlying bill before us, S. 2, This is a matter of whether or not the one wants to pass this underlying bill, recognizes this principle. The underly- other body is going to be turned off to- sure, let us pass the underlying bill, ing bill, as Senator LIEBERMAN and I ward our legislation by the proposition but not by setting up a new, special have introduced it, sets up different that we are trying to tell them what to and separate bureaucracy by Congress rules for the House and the Senate so do to their own rules, because they for Congress. long as those rules do not infringe upon have a constitutional right to adopt You go out and tell your constituent the statutory and regulatory rights of their own. tomorrow that you are immune from employees of Congress and the individ- So I hope everyone will support the prosecution. He is not. Tell him about ual offices within Congress. second-degree amendment by Senator the special committee set up to set So no amendment should be offered, MCCONNELL. your rules, and he does not have any. including the amendment by the senior I yield the floor. Tell him about the special counsel you Senator from Kentucky, that tells the The PRESIDING OFFICER. The are going to hire for yourself, and he other body what it must do in an area Chair recognizes the Senator from Ken- does not have any. Do you think this is unrelated to the provisions of this bill. tucky. applying the laws that you put on the Under the second-degree amendment, Mr. MCCONNELL. Mr. President, just small businessman to Congress? Think Senators would be barred from convert- briefly in conclusion, I was listening to again. ing frequent flyer miles earned on offi- all the speakers on the other side with So if the underlying bill is that bad, cial business to personal use. That hap- great interest. Their parties controlled why not add something on it that pens to be the existing rule in the Sen- the House of Representatives for 40 might do a little good? Just stop the ate. I think the point has been very long years. I am curious as to why we use of perks from taxpayers’ dollars for clearly made, that none of the 100 Sen- have not felt the need here in the Sen- personal use. It is not the first time I ators may use frequent flyer miles for ate to dictate this particular House have tried to do this. Why is it in the anything but official business. rule in the past. We could have done Senate? In 1991 we did it. As the chair- It is all right to make our Senate that at any point. I do not know how man of the Rules Committee I tried. I rule into legislation, and, if Senator long the House has had this practice think I was fair to everybody. I do not MCCONNELL’s amendment is adopted, but probably a long time. I just do not believe anybody in the Senate can say that is what we will be doing. We will see the urgency or the propriety just that I did not attempt to be fair with be putting in statute language that is because the management currently every Member. A lot of things we tried already a rule of the Senate. But we changed in the House as of last week to prevent. should let the House make its own rule that the Senate start dictating inter- So if you are going to allow the im- in this regard. The other body is cur- nal House policy. agery going out of here applying the rently studying the treatment of fre- I agree with Chairman GRASSLEY laws to the Senate and the House that quent flyer miles in the private sector. that this is just not an appropriate you apply to your constituents, which They will want to conform their rules thing to do, and a vote on the second- is not really true because you are set- to the existing prevalent practice, and degree amendment that I have offered ting up something different that is we should allow the other body to pro- is in no way a condoning of the prac- costly, wait until you get on the 1988 ceed on that course. I do not think tice that we do not allow here. We Disability Act when we begin to get there is any doubt but what they will serve in this body. We do not allow into title II. Everybody said we have be dealing with this as they know they this. I do not think we ought to start covered it under ADA.We have not. should deal with it, as they dealt with off the year telling the House what Now we are finally getting around to it last August. Then, it did not get ought to be in their internal operating it. The Russell subway is not handicap through in the final process of legisla- mode. accessible, the subway on the House tion. So, Mr. President, I thank you for side is not. We have a lot of things to So I argue that the process going on the opportunity to address the Senate. do. I want my colleagues to know that in the other body, and our respect for I yield the floor. we are setting up a special bureaucracy the rights of the other body, should be Mr. FORD addressed the Chair. for Congress by Congress. The more S 644 CONGRESSIONAL RECORD — SENATE January 9, 1995 things change the more they stay the statement about these amendments claimer. That is, this station has no same. and then hope to work on a bipartisan way of ascertaining the truth of the ad There is one thing we can change: basis to achieve some consensus and that is about to appear. One of the taking taxpayers’ dollars and using propose them later. problems we found is that people auto- them for personal perks. I do not care Mr. President, the amendments I was matically believe a paid commercial if it has been going on for 40 years. going to propose were in an area of spot is true, in the same way they be- Why should it go on for 41? And if the congressional reform, which is as im- lieve a paid commercial spot for a majority leader is right—and I have to portant as any area in this bill. It is product is true, and, of course, there is accept his word that this bill will be campaign spending reform. I think legitimate recourse for a false commer- accepted by the House and not go to campaign spending reform actually is cial spot. What we found is that there conference—then we just delay the per- more important, because it has so sol- is no recourse for a false political spot. sonal perks of the Members on the idly conditioned the atmosphere of the The station must run the spot, even if other side. I do not think they object public with respect to campaigns. it is blatantly false. to this. We are the ones that are ob- I was going to propose four amend- Therefore, why not have the station jecting. I have not had anybody from ments, the first, on spending limits. As come forward and say that this station the House run over here and say: FORD, I understood it, there was substantial has no way of ascertaining the truth or you cannot do that, you cannot take objection to the public finance aspect falsity of the spot which is about to ap- my perk away from me. I want to con- of spending limits. The amendment I pear. tinue to get my frequent flier miles so would propose would contain the The total amount of funds spent in I can take my family to Europe or Ha- spending limits of the prior Senate bill. the 1994 election cycle nationally is waii or San Diego or Miami. We want In other words, the limit per State staggering. Spending by Senate and to take a vacation on the taxpayers. would be based on voting-age popu- House candidates who survived pri- If you want to say that is what we lation. It would range from a high of maries was $596 million, up 17 percent want you to continue to do, then vote $8.1 million in a large State such as from 1992 and up 50 percent from 1990. for Senator MCCONNELL’s amendment, California and a low of $1.5 million in and we will just pull ours down. It will the smallest State. In exchange for Fifty percent more funds were spent in not make any difference at all. complying with these voluntary spend- this race than just 4 years ago. Demo- So I hope people will look at this. ing limits, a candidate would be enti- cratic candidates spent a record of $292 The fabric of the legislation has to be tled to a half-price discount broadcast million, up 8 percent from 1992. And accurate. There cannot be a 30-second rate, a reduced postage rate, and a Republican candidates spent a record sound bite in legislation. You can have complying candidate would be able to of $294 million, up 29 percent from 1992. a 30-second sound bite out in the cam- match an opponent that would not The source of this is the Federal paign, but when we develop the fabric abide by the spending limit or exceed Election Commission. of the legislation here, that fabric has the spending limit without regard for Now, we all know that there is no to meet where the rubber meets the the individual contribution limit of room in campaigns for people with sen- pavement. It has to be accurate. You $1,000. That would be the balance. sitive feelings. said something and now we are going The second amendment would limit However, in the 1994 campaign, nega- to do it. But this legislation does not PAC contributions to 20 percent of the tive messages, groundless attacks on do it. I can give you chapter and verse, total raised. character, and distorted images chapter and verse. There are about The third amendment would require dragged political advertising to a new 24,000 employees that you are putting a candidate to state at the end of their low. under this. You will have to have sup- television ad in the last 4 seconds, I would like to quote from an op-ed plemental appropriations to pay for clearly and definitively, speaking on appearing in the New York Times and it—more than once a year, in my opin- the tube, that ‘‘I believe the facts in authored by Regionald Brack, chair- ion. And I am for it, but I think all you this advertisement to be true.’’ man of Time Inc., and also chairman of have to do is just waive our exemptions The fourth amendment would be in the Advertising Council, which spon- and let us do what our constituents the area of personal funds. They would sors public-service ads. He reports: have to do. Very simple. require a candidate to declare if they The cutthroat ads followed a disturbing Oh, the separation of powers. If you intend to spend in excess of $250,000 or, formula. In clipped, agitated tones, attack are going to have separation of powers, second, in excess of $1 million in the your opponent’s character. Distort his or her that is one thing. But separation of race, within 15 days of qualifying as a record. Associate him or her with extremists powers is so costly under this bill, we candidate. If their answer was in the or unpopular political figures. To awaken will never see the end of tens of mil- affirmative, then gradually the individ- fear, work in a between-the-lines racist mes- sage; foster suspicion, insinuate corrupt be- lions of dollars we are going to have to ual contribution limits applicable to havior. And by all means, steer clear of sub- spend, because we are doing for Con- the opponent would be raised. So, stantive issues. gress by Congress again, and the more again, you would have the opportunity Examples abound. things change the more they stay the to achieve a more level playing field. same. I think in this instance we ought Let me briefly state the rationale. I This year one ad implied that a candidate to change it just a little bit and say think there is probably no campaign in might have lied about drug abuse. At least two candidates suggested that you cannot use your constituents’ tax the Nation that better demonstrates their opponents’ political philosophies were dollars for personal perks. It is a very the need for campaign spending reform somehow to blame for the kidnapping and simple vote. It will not take long, than does the recent California Senate murder of a 12-year-old and for the lethal about 15 minutes tomorrow. I yield the race. In my own election, and in others rampage of a foe of abortion. floor. around the country, voters, I believe, Each political party charged that the other Mrs. FEINSTEIN addressed the saw some of the worst features of cam- would significantly erode Social Security, Chair. paigns repeating themselves. There Medicare, and other such programs dear to The PRESIDING OFFICER. The were spiraling campaign costs. More the electorate. chair recognizes the Senator from Cali- than $45 million was spent in the Cali- It is these 30-second negative ads fornia, [Mrs. FEINSTEIN]. fornia Senate race. There was a virtual that are driving politics in America Mrs. FEINSTEIN. Mr. President, I arms race of negative political adver- today and turning away the American rise, not to discuss this subject, but to tisements day after day, beginning in voter. discuss another. I had a placeholder at February in California. One area my These ads, which are short on sub- 5:30 to introduce four amendments to amendment would address, for exam- stance and long on attack, are shaping this bill. But knowing that the pro- ple, is where there was a negative ad in the political debate. ponents of the bill would very much the sense of one candidate referring to A post-election poll indicated that 75 like to have it passed without amend- their opponent, the station broadcast- percent of the respondents who said ment, I simply would like to make a ing the ad would have to make a dis- they voted in November said they were January 9, 1995 CONGRESSIONAL RECORD — SENATE S 645 turned off by negative ads. In an elec- and the House has opposed such a The PRESIDING OFFICER. Without tion in which only 39 percent of the eli- move. objection, it is so ordered. gible voters went to the polls, 58 per- It seems to me that a fair com- f cent of those who did not vote said neg- promise between the two is simply to ative ads had influenced their decision limit the amount of PAC dollars a can- MESSAGES FROM THE HOUSE to stay home. didate can receive so that it does not At 2:02 p.m., a message from the Now, what is the problem? What I exceed 20 percent of whatever the can- House of Representatives, delivered by found the problem to be, is that even if didate raises. Mr. Hays, one of its reading clerks, an- a candidate wants to take the high So I hope, Mr. President, in the fu- nounced that the House has passed the road and deal with issues, the simple ture, to present these amendments, ei- following bill, in which it requests the fact is you cannot. And I want to tell ther separately or as a whole. There is concurrence of the Senate: you why. no public finance in any of them. We H.R. 1. An Act to make certain laws appli- Focus group after focus group sug- would establish a campaign spending cable to the legislative branch of the Federal gests this: The negatives drive limit. We would be able to better bring Government. through; the positives do not. about truth in advertising. We would The message also announced that the When you ask in a focus group what be able to level the playing field when House has agreed to the following con- do you remember most about this or personal wealth is considered. And we current resolution, in which it requests that candidate, what they remember would be able to reduce considerably the concurrence of the Senate: are the negative ads, and what they do the so-called involvement of special in- H. Con. Res. 1. Concurrent Resolution rec- not believe are the positive ads of terests in campaigns. ognizing the sacrifice and courage of Army record and accomplishment that a can- They are simple, they are direct, Warrant Officers David Hilemon and Bobby didate may run. Therefore, what you they make sense. W. Hall II, whose helicopter was shot down find, as you watch poll numbers in big So I will, in the days to come, be ap- over North Korea on December 17, 1994. races, is that a candidate has to re- proaching, on both sides of the aisle, spond in kind to negative ads and if Members in hopes that I can put to- At 4:13 p.m., a message from the you try to respond to an attack with gether a bipartisan commitment to House of Representatives, delivered by positives, the poll numbers drop. You just these four simple amendments and Ms. Goetz, one of its reading clerks, an- nounced that pursuant to the provi- also have to respond in quantity and move them forward, either separately sions of section 3 of Public Law 94–304, equally to the opponent to have an ef- or as a whole. as amended by section 1 of Public Law fect. I thank you for your indulgence, Mr. 99–7, the Speaker appoints Representa- Consumers can file a complaint about President. tive SMITH of New Jersey as Chairman false advertising of consumer products. I yield the floor. of the Commission on Security and Co- But the aggrieved candidate has no le- Mr. GRASSLEY addressed the Chair. operation in Europe. gitimate recourse in a race. In my cam- The PRESIDING OFFICER. The paign, one television station began to Chair recognizes the Senator from f run its own disclaimer before an attack Iowa. MEASURES REFERRED ad saying that although the ad, they Mr. GRASSLEY. Mr. President, I believed, was not correct, they still had wish to thank the Senator from Cali- The following concurrent resolution to run it. fornia for her willingness not to offer was read and referred as indicated: Another disturbing problem is the those amendments. I thank her very H. Con. Res. 1. Concurrent Resolution rec- specter of super-wealthy candidates much, because it will help us hurry the ognizing the sacrifice and courage of Army being able to buy a seat. In the 1994 legislation through this body and to Warrant Officers David Hilemon and Bobby W. Hall II, whose helicopter was shot down election, several candidates received as the President of the United States. over North Korea on December 17, 1994; to much as 16 to 17 percent of their total I also want to assure her for our lead- the Committee on Armed Services. funds from loans out of their own pock- er—because he has said so many times f ets—the highest proportion since at himself that there will be an ample op- least 1986. portunity to discuss the issues that she MEASURE PLACED ON THE At least one way, I believe, the cam- wants to bring up, as well as the cam- CALENDAR paign system can offset the advantage paign finance reform issue will be dis- The following bill was read the sec- of personal wealth without running cussed—that there will be plenty of op- ond time and placed on the calendar: afoul of the First Amendment and the portunity to do that. Buckley versus Valeo decision is sim- I say that not only to assure the Sen- S. 169. A bill to curb the practice of impos- ing unfunded Federal mandates on States ply to loosen the constraints on the op- ator from California of that oppor- and local governments; to strengthen the ponent. If a candidate declares up front tunity, but also to suggest to other partnership between the Federal Govern- that, ‘‘I’m going to contribute either people on her side of the aisle, on the ment and State, local and tribal govern- $250,000, up to $1 million, or over $1 Democratic side of the aisle, who have ments; to end the imposition, in the absence million in personal funds,’’ then the in- amendments that deal with campaign of full consideration by Congress, of Federal dividual contribution limits on the op- finance reform—and there still are a mandates on State, local, and tribal govern- ponent are adjusted gradually so that few of the 20 yet to deal with tomor- ments without adequate funding, in a man- the opponent then can compete. row—that maybe they will follow the ner that may displace other essential gov- ernmental priorities; and to ensure that the Last, I strongly believe that cam- example of the Senator from California Federal Government pays the costs incurred paign reform must look at the preva- and not offer their amendments so that by those governments in complying with cer- lence of contributions by PAC’s. There we can get done with this bill earlier tain requirements under Federal statutes is a real distortion in the public’s mind tomorrow. and regulations. that policymakers are beholden to spe- Mrs. FEINSTEIN. I thank the Sen- f cial interests, and the special interests ator. are the so-called PAC’s, which over- Mr. GRASSLEY. I thank the Sen- EXECUTIVE AND OTHER shadow average citizens, and impair, ator. COMMUNICATIONS the public believes, an official’s ability I yield the floor and I suggest the ab- The following communications were to make policy decisions based on na- sence of a quorum. laid before the Senate, together with tional interests. The PRESIDING OFFICER (Mr. accompanying papers, reports, and doc- Current law is thought to favor THOMPSON). The clerk will call the roll. uments, which were referred as indi- PAC’s in two key respects. Most PAC’s The bill clerk proceeded to call the cated: qualify as multicandidate committees roll. EC–4. A communication from the President and, as such, they may contribute up Mr. GRASSLEY. Mr. President, I ask of the United States, transmitting, pursuant to $5,000. Now, in prior legislation, the unanimous consent that the order for to a Senate Rule, notice relative to the Pres- Senate has banned PAC’s altogether, the quorum call be rescinded. idential Business Development Mission to S 646 CONGRESSIONAL RECORD — SENATE January 9, 1995

Ireland and Northern Ireland; to the Com- STATEMENT OF THE CHAIRMAN, SENATE COM- mandates, by the need to pay for Federal mittee on Rules and Administration. MITTEE ON GOVERNMENTAL AFFAIRS, ON S. mandates.’’ f 1—UNFUNDED MANDATE REFORM ACT OF 1995 Susan Ritter, County Auditor, Renville I. PURPOSE County, North Dakota, and David Worhatch, REPORTS OF COMMITTEES The purpose of S. 1—the ‘‘Unfunded Man- Township Trustee, Hudson, Ohio gave their The following reports of committees date Reform Act of 1995’’—is to strengthen perspective of how Federal mandates nega- were submitted: the partnership between Federal, State, local tively impact the smallest of governments and tribal governments by ensuring that the with a description of some specific examples. By Mr. ROTH, from the Committee on impact of legislative and regulatory propos- Ms. Ritter noted that the town of Sherwood, Governmental Affairs, with amendments: als on those governments are given full con- with a population of 286, will have to spend S. 1. A bill to curb the practice of imposing sideration in Congress and the Executive one half of its annual budget on testing its unfunded Federal mandates on States and Branch before they are acted upon. S.1 ac- water supply. Mr. Worhatch noted how well- local governments; to strengthen the part- complishes this objective through the follow- intentioned Federal mandates can have unin- nership between the Federal Government ing major provisions: a majority point of tended consequences at a township-level that and State, local and tribal governments; to order in the Senate to lie against Federal end the imposition, in the absence of full thwart the original purpose of the mandate. mandates without authorized funding to consideration by Congress, of Federal man- He pointed to strict regulations that could State, local and tribal governments; a re- dates on State, local, and tribal governments force the closure of a local landfill. That clo- quirement that the Congressional Budget Of- without adequate funding, in a manner that sure could lead to greater midnight dump- fice (CBO) estimate the cost of Federal man- may displace other essential governmental ing—an undesirable result. dates to State, local and tribal governments priorities; and to ensure that the Federal The Federal-State-local relationship is a as well as to the private sector; a require- Government pays the costs incurred by those complicated one. It is a blurry line between ment that Federal agencies establish a proc- governments in complying with certain re- where one level of government’s responsibil- ess to allow State, local and tribal govern- quirements under Federal statutes and regu- ity ends and another begins. Local officials ments greater input into the regulatory lations; and for other purposes. decry unfunded State mandates as much as process; and, a requirement that agencies By Mr. DOMENICI, from the Committee on they do unfunded Federal ones.State offi- analyze the costs and benefits to State, the Budget, with amendments: cials then tell local officials that those man- local, and tribal governments of major regu- S. 1. A bill to curb the practice of imposing lations that include federal mandates. dates aren’t theirs, but rather that they unfunded Federal mandates on States and come from the Federal government and that II. BACKGROUND local governments; to strengthen the part- States are just the conduit. The Federal gov- nership between the Federal Government On October 27, 1993, State and local offi- ernment officials sometimes accuse State and State, local and tribal governments; to cials from all over the Nation came to Wash- and local governments of falling down on end the imposition, in the absence of full ington and declared that day as ‘‘National their share of responsibilities when using consideration by Congress, of Federal man- Unfunded Mandates Day.’’ These officials Federal aid to carry out a Federal program. dates on State, local, and tribal governments conveyed a powerful message to Congress Likewise, State and local governments say without adequate funding, in a manner that and the Clinton Administration that un- that the regulations that go with accepting may displace other essential governmental funded Federal mandates imposed unreason- that aid are too onerous, and getting more priorities; and to ensure that the Federal able fiscal burdens on their budgets, limited so. They blame Federal agencies for promul- Government pays the costs incurred by those their flexibility to address more pressing gating burdensome and inflexible regula- governments in complying with certain re- local problems, forced local tax increases tions. The agencies say that it is not their and service cutbacks, and hampered their quirements under Federal statutes and regu- fault and claim that they are only carrying lations; and for other purposes. ability to govern effectively. out the will of Congress in implementing The Committee on Governmental Affairs f statutes. Congress asserts that agencies have heard that message, and on November 3rd the statutory authority to allow State and scheduled a Full Committee hearing on the STATEMENT OF THE CHAIRMAN local governments more leeway and flexibil- issue. Witnesses from all levels of State and ON THE REPORTING BY THE ity in regulation and that therefore the re- local government, from big cities on down to GOVERNMENTAL AFFAIRS COM- sponsibility lies there. What is lost in the de- small townships, testified at the hearing on MITTEE OF S. 1—UNFUNDED bate is need for all levels of government to how unfunded Federal mandates adversely MANDATE REFORM ACT OF 1995 work together in a constructive fashion to affected their ability to govern and set prior- provide the best possible delivery of services Mr. ROTH. Mr. President, this morn- ities. Mayor Greg Lashutka of Columbus, to the American people in the most cost-ef- Ohio summed up the problems best when he ing the Governmental Affairs Commit- fective fashion. Vice President Gore’s Na- tee, by a vote of 9 to 4, reported S. 1, said: ‘‘Others have called it [unfunded Fed- eral mandates] spending without representa- tional Performance Review recognizes this the Unfunded Mandate Reform Act of fundamental issue in its report—‘‘Strength- 1995. Because of the great importance tion. Across this country, mayors and city councils and county commissioners have no ening the Partnership in Intergovernmental of this legislation to the State and vote on whether these mandated spending Service Delivery.’’ The report notes: local governments of this country, the programs are appropriate for our cities. Yet, ‘‘Americans increasingly feel that public bill is expected to be taken up by the we are forced to cut other budget items or institutions and programs aren’t working. In Senate this week. Therefore, no official raise taxes or utility bills to pay for them fact, serious social and economic problems report of the committee will be filed on because we must balance our budget at our seem to be getting worse. The percentage of low-birth-weight babies, the number of sin- this legislation. To do so would delay level.’’ Mayor Ed Rendell of Philadelphia, Penn- gle teens having babies, and arrest rapes for the start of the bill’s consideration. juveniles committing violent crimes are ris- When a report is to be filed, each Mem- sylvania was more emphatic: ‘‘What is hap- pening is we are getting killed. In most in- ing; the percentage of children graduating ber is entitled to a minimum of 3 days stances, we can’t raise taxes. Many town- from high school is falling; welfare rolls and to prepare additional views. After it is ships are at the virtual legal cap that their prison populations are swelling; median in- filed, printed, and made available, the State government puts on them, or in my comes for families with children are falling; bill must lay over for 2 days before it case in Philadelphia I took over a city that more than half of children in female-headed may be considered. had a $500 million cumulative deficit that households are poor; and 37 million Ameri- Therefore, I am publishing instead a had raised four basic taxes 19 times in the 11 cans have no basic health care or not years prior to my becoming mayor. We have enough.’’ statement of the chairman on S. 1, ‘‘Why? At least part of the answer lies in which contains the very information, driven out 30 percent of our tax base in that time. I can’t raise taxes, not because I want an increasingly hidebound and paralyzed such as a legislative history and a sec- to get reelected or because it is politically intergovernmental process.’’ tion-by-section analysis, that would feasible to say that, but because that would The report goes on to explain how the 140 have been included in the report to ac- destroy what is left of our base, and our base Federal programs designed to help families company the legislation, had one been isn’t good enough.’’ and children are administered by 10 depart- filed. Much of this is similar to the of- Further, Mayor Rendell noted how Federal ments and 2 independent agencies. Fifteen ficial committee report that was filed mandates forced undesirable tradeoffs percent of them are directly administered by on the bill last year, when the commit- against tackling more needy local problems: the Federal government, 40 percent by States, and the remaining 40 percent by tee reported S. 993, the predecessor of ‘‘So when you pass a mandate down to us and we have to pay for it, the police force goes local, private or public groups. S. 1. down, the firefighting force goes down. Whether these programs, as well as many There being no objection, the mate- Recreation departments are in disrepair. Our other Federal programs, work or not hinges rial was ordered to be printed in the rec centers are in disrepair because our cap- on the ability of Federal, State and local to RECORD, as follows: ital budget is being sopped up by Federal work together as partners in carrying the January 9, 1995 CONGRESSIONAL RECORD — SENATE S 647 program’s responsibilities. When that coordi- A. The cost of Federal mandates to State and The Advisory Commission on Intergovern- nation breaks down, the whole program suf- local governments mental Relations’ (ACIR) 1993 report ‘‘Fed- fers and program’s objectives, be they im- There has been substantial debate on the eral Regulation of State and Local Govern- proved environmental protection, reduced actual costs of Federal mandates as well as ments: The Mixed Record of the 1980s’’ exam- crime, better education, etc., fall short. on their indirect costs and benefits. Suffice ined the procedures by which Congress meas- State and local officials emphasized in the it to say that almost all participants in the ures the impact of legislation on State and Committee’s hearings of November 3, 1993, debate would conclude that there is not com- local governments. Since 1981, the Congres- April 28, 1994, and January 5, 1995, that over plete data on the aggregate cost of Federal sional Budget Office (CBO) has been prepar- the last decade the Federal government has mandates to State and local governments. ing cost estimates on major legislation re- not treated them as partners in the provid- So there is a need to develop a baseline of ported by Committee that is expected to have an annual cost to State and local gov- ing of effective governmental services to the what the aggregate cost of Federal mandates ernments in excess of $200 million. According American people, but rather as agents or ex- is to State and local budgets. Notwithstanding the difficulty in prepar- to CBO, on average roughly 10 to 20 reported tensions of the Federal bureaucracy. In their ing reliable cost estimates, the Committee bills per year exceed to $200 million thresh- view this lack of coordination and coopera- believes that a strengthened and more thor- old. These figures translate to between 2 and tion has not only effected the provision of ough analytical process applied to legisla- 4 percent of the total number of bills re- services as a local level but also carriers tion and regulation that impacts State, local ported out of Committee. CBO estimates with it the penalty of high costs, costs that and tribal governments is not only worth- that about 11 percent of all bills reported out they then pass on to local citizens. while, but achievable. There have been good of Committee each year have some cost im- faith efforts made in the past to measure the pact on State and local governments. A cost impacts of Federal intergovernmental breakout on a year-by-year basis between mandates. 1983 and 1988 is shown below. TABLE 5–5.—STATE AND LOCAL COST ESTIMATES PREPARED BY CBO, 1983–88

Estimates prepared 1983 1984 1985 1986 1987 1988 Total Average

For bill approved by committee ...... 483 554 367 465 393 559 2,821 470 Other ...... 90 87 166 125 138 127 733 122 Total ...... 573 641 533 590 531 686 3,554 592

Estimates with no state/local cost ...... 496 584 488 543 448 598 3,157 526 Percent ...... 87 91 92 92 84 87 89 89 Estimates with some cost ...... 77 57 45 47 83 73 382 64 Percent ...... 13 9 8 8 16 11 11 11 Estimates with impact above $200 million ...... 24 6 14 8 22 15 89 15 Percent of total ...... 4 1 3 1 4 2 3 3 Percent of bills with some cost ...... 31 11 31 17 26 21 23 23 Source.—Congressional Budget Office Bill Estimates Tracking System, in Theresa A. Gullo, ‘‘Estimating the Impact of Federal Legislation on State and Local Governments,’’ in Michael Fix and Daphne A. Kenyon, eds., ‘‘Coping with Man- dates: What Are the Alternatives?’’ (Washington, DC: Urban Institute Press, 1990), p. 43.

The Committee also asked CBO to provide mental Investments: The Cost of a Clean En- $107.4 million in 1995 (in 1991 constant dol- it with more recent cost estimates and to ex- vironment,’’ estimates that total costs of en- lars), a 73 percent increase. The City esti- amine the number of bills that cross a $100 vironmental mandates (from all levels of mates that its share of the total city budget million annual threshold. In 1991, CBO scored government) to State and local governments going to pay for these mandates will increase 5 bills to cost State and local governments in will rise (in constant 1986 dollars) from $22.2 from 10.6 percent to 18.3 percent over that excess of $100 million apiece. Another 8 bills billion in 1987 to $37.1 billion by the year timeframe. These calculations were based on had significant costs to State and local gov- 2000—a real increase of 67 percent. According anunchanging total city budget between 1991 ernments, but fell under the $100 million to the Vice President’s National Perform- and 1995; assuming a 3 percent annual real threshold. Further, CBO determined that for ance Review report on the EPA, this figure growth rate in the budget reveals a lesser in- another 6 pieces of legislation for which they when adjusted for inflation reaches close to crease from 10.6 percent to 16.1 percent. were unable to come up with specific esti- $44 billion on an annual basis by the year In addition to environmental require- mates—5 bills would probably fall under the 2000. EPA estimates that costs to local gov- ments, State and local officials cite other $100 million mark, one would probably ex- ernment will increase the most (70 percent) Federal requirements as burdensome and ceed that total. while the impact on State governments is costly: compliance with the Americans with In testimony before the Committee on less (48 percent), but still significant. Over Disabilities Act and the Motor Voter Reg- April 28, 1994, Dr. Robert Reischauer, Direc- the 13 year span, the average real increase in istration Act; complying with the adminis- tor of CBO, noted that preparing thorough costs to State and local governments trans- trative requirements that go with imple- and reliable State and local cost estimates is lates to 5.2 percent on an annual basis. A menting many Federal programs; meeting not easy. He presented the following reasons table is included as follows: Federal criminal justice and educational for the difficulty CBO sometimes has in pre- program requirements. While all these pro- paring the estimates: Preparing the esti- TABLE I–2.—TOTAL ANNUALIZED COSTS OF ENVIRON- grams clearly carry with them costs to State mates requires the use of many different MENTAL MANDATES BY FUNDING SOURCES, 1972–2000 and local governments, they can have bene- methodologies; the estimating process does [In millions of 1986 dollars] fits both to society as a whole—a fact that not always yield firm estimates. Further, State and local officials concede. It is the ag- completing the estimates does take time— Funding source 1972 1980 1987 1995 2000 gregate impact of all Federal mandates that time that may not be readily available in the has spurred the calls for mandate reform and normal legislative process; and, legislative Environmental Pro- relief. However, to truly reach a better un- language may lack the detail necessary to tection Agency ... $978 $4,574 $6,578 $9,161 $10,409 Other Federal Agen- derstanding of the Federal mandates debate, estimate the costs. cies ...... 87 1,932 2,649 7,970 11,670 it is necessary to look at the Federal funding Dr. Reischauer further stated that these State Government ... 1,542 2,230 3,025 3,911 4,476 picture. constraints apply even more so to the prepa- Local Government ... 7,673 12,857 19,162 27,913 32,577 ration of cost estimates on private sector Private ...... 16,201 36,376 53,696 76,101 88,772 B. Federal aid to State and local governments mandates. The Committee does believe that Total ...... 26,481 57,969 85,290 125,056 147,904 It is readily apparent that Federal discre- part of CBO’s difficulty in performing these tionary aid to State and local governments Source.—U.S. Environmental Protection Agency, ‘‘Environmental Invest- both to implement Federal policies and di- estimates lies in CBO not having adequate ments: The Cost of a Clean Environment’’ (Washington, DC: U.S. Environ- resources to conduct the estimates. There- mental Protection Agency, 1990) selected data from pp. 8–49 through 8–51. rectives as well as to comply with them saw fore, S. 1 authorizes an increase in funding These estimates use a mid-range discount rate of 7 percent and include a sharp drop in the 1980s before rising again for CBO of $4.5 million for each of Fiscal funding to meet EPA’s air, water, land, chemicals, and multi-media regula- in the early 1990s—although in real terms tions. Years 1996 through 2002. CBO’s budget cur- Federal aid is still significantly below its rently stands at just over $23 million. The City of Columbus, Ohio also noted a earlier levels. Federal environmental mandates head the trend in rising costs for city compliance with An examination of Census Bureau data on list of areas that State and local officials Federal environmental mandates in its sources of State and local government reve- have claimed to be most burdensome. A clos- study: ‘‘Environmental Legislation: The In- nue shows a decreasing Federal role in fund- er look at two of the studies done on the cost creasing Costs of Regulatory Compliance to ing to State and local governments. In 1979, to State and local governments of compli- the City of Columbus.’’ The City examined the Federal government’s contribution to ance with environmental statutes does indi- its cost of compliance with 13 Federal envi- State and local government revenues cate these costs appear to be rising. A 1990 ronmental and health statutes and concluded reached 18.6 percent. By 1989, the Federal EPA study (prepared in conjunction with the that its cost of compliance with those stat- share of the State and local revenue pie had Environmental Law Institute) ‘‘Environ- utes would rise from $62.1 million in 1991 to steadily shrank to 13.2 percent before edging S 648 CONGRESSIONAL RECORD — SENATE January 9, 1995 up to 14.3 percent in 1991—the latest year this recent growth, between 1980 and 1993 dis- icymakers act in either the Congress or the that data is available (see accompanying cretionary funding declined 18.2 percent in Executive Branch. chart). real dollars—an average annual real decrease To ensure that the needs and views of The Federal Government’s contribution to State of 1.4 percent. State and local governments are given full and local government revenues 1 (1970–1991) In simple terms, over the last decade or so, consideration before the Congress or the Ex- State and local governments have gotten ecutive Branch imposes new Federal man- Percent of State and less of the Federal carrot and more of the dates without funding. local government Federal stick. The Committee has responded To establish a point of order in the Con- revenue to State and local officials’ calls for change, gress against unfunded federal mandates on Year: and has reported out bipartisan mandate re- State, local and tribal governments. 1970 ...... 14.6 form legislation. A more detailed description of the most 1971 ...... 15.8 1972 ...... 16.4 III. LEGISLATIVE HISTORY important provisions in the bill follows 1973 ...... 18.0 In the 103rd Congress, eight bills were in- below. 1974 ...... 17.6 troduced and referred to the Committee that Section 1. Short Title 1975 ...... 17.8 addressed, at least in part, the subject of This section identifies the short title as 1976 ...... 18.3 Federal mandates on State and local govern- the ‘‘Unfunded Mandate Reform Act of 1995.’’ 1977 ...... 18.5 ments. Bill sponsors included: S. 480—Levin; Section 2. Purposes 1978 ...... 18.7 S. 563—Moseley-Braun; S. 648—Gregg; S. 1979 ...... 18.6 993—Kempthorne; S. 1188—Coverdell; S. This section establishes the purposes of the 1980 ...... 18.4 1592—Dorgan; S. 1604—Glenn; and, S. 1606— Act. 1981 ...... 17.8 Sasser. Several major concepts were con- Section 3. Definitions 1982 ...... 15.9 tained in most of the bills, among them: This section breaks the definition of Fed- 1983 ...... 15.2 analysis of the costs of legislation and regu- eral mandates into two components: Federal 1984 ...... 14.9 lation on State and local governments; a intergovernmental mandates and Federal 1985 ...... 14.7 prohibition or restriction on new Federal private sector mandates. 1986 ...... 14.4 mandates without funding; and, points of The section amends the Congressional 1987 ...... 13.6 order enforcement. Senator Kempthorne’s Budget and Impoundment Control Act of 1988 ...... 13.3 legislation, the original S. 993—the ‘‘Commu- 1974, by adding several new definitions. It 1989 ...... 13.2 nity Regulatory Relief Act of 1993’’—had the stipulates that a ‘‘Federal intergovern- 1990 ...... 13.3 strongest support, with more than 50 cospon- mental mandate’’ means any legislation, or a 1991 ...... 14.3 sors. After two hearings and extensive meet- provision therein, or regulation that imposes 1 U.S. Census Bureau—Government Finances Se- ings and discussions with State and local a legally binding duty on State, local or trib- ries, 1970–1991. Chart tabulated by Staff of Senate government organizations, the Administra- al governments. This would include legisla- Committee on Governmental Affairs. tion, Senators and their staff, and the public tion or regulation that seeks to eliminate or A closer look at patterns in Federal discre- interest community, the Committee crafted reduce the authorization of appropriations of tionary grants-in-aid programs during the a legislative proposal that drew from many Federal financial assistance to State, local 1980s confirms the finding that the Federal of the provisions of the eight bills, as well as and tribal governments should they not com- government lessened its financial support of incorporating several new provisions. ply with that legislation’s or regulation’s du- State and local governments. According to On June 16, the Committee marked up and ties. The subsection also provides that legis- the Federal Funds Information Service reported out S. 993 with an amendment and lation or regulation would be considered a (FFIS), between 1981 and 1990 Federal discre- an amendment to the title. Chairman Glenn Federal intergovernmental mandate if it tionary funding to State and local govern- offered a substitute bill to the original sought to reduce or eliminate an existing au- ments rose from $47.5 billion to $51.6 billion, Kempthorne Bill, titled the ‘‘Federal Man- thorization of appropriations for the pur- a nominal increase of 8.6. percent. However, date Accountability and Reform Act of 1994’’, poses of complying with some previously im- this figure when adjusted for inflation (using which passed by unanimous voice vote. Sev- posed duty. The Committee believes that if the GDP Price Deflator) tells a much dif- eral other amendments offered by members the Federal Government imposes legally ferent story: Federal aid dropped 28 percent of the Committee were also adopted, includ- binding duties on State, local or tribal gov- over the decade—a 3.1 percent real decline on ing an amendment by Senator Dorgan to in- ernments, and provides financial assistance an annual average basis. clude the private sector under the CBO and to them to carry out or comply with those A number of significant Federal aid pro- Committee mandate cost analysis require- duties, then S. 1’s provisions should apply if grams to State and local governments expe- ments of Title I of S. 993, and a Glenn the Federal government subsequently re- rienced sharp cuts and, in some cases, out- amendment to allow CBO to waive the pri- duces the authorization of that aid, while right elimination during the decade. In 1986, vate sector cost analysis if CBO cannot make continuing to keep the existing duties in the Administration and Congress agreed to a ‘‘reasonable estimate’’ of the bill’s cost. place. Exempted from the provisions of this terminate the general revenue sharing pro- S. 993 as amended and reported by the subsection is legislation or regulationthat gram—a program that provided approxi- Committee was considered by the Senate on authorizes or implements a voluntary discre- mately $4.5 billion annually to local govern- October 6, 1994, without a time agreement. tionary aid program to State, local and trib- ments and allowed them broad discretion on After some debate and the introduction of al governments that has requirements or how to spend the funds. Since its inception several additional amendments to the bill, conditions of participation specific to that in 1972, general revenue sharing had provided the Senate proceeded to other items without program. approximately $83 billion to State and local taking any votes. The Senate adjourned Included, as part of the definition of Fed- governments. Funding for Urban Develop- without further consideration of S. 993. eral intergovernmental mandates, are Fed- ment Action Grants, another significant pro- In the 104th Congress, Senator Kempthorne eral entitlement programs that provide $500 gram, was also terminated within this time- introduced S. 1—the ‘‘Unfunded Mandate Re- million or more annually to State, local or frame. form Act of 1995’’—on January 4, 1995, and tribal governments. This would currently in- Between 1981 and 1990, funding for numer- the bill was concurrently referred both to clude nine large Federal entitlement pro- ous Federal-State-local government grant the Governmental Affairs Committee. On grams, seven of which are either exempt programs was substantially trimmed, among January 5, the Governmental Affairs Com- from sequestration or subject to a special them: Economic Development Assistance mittee held a joint hearing on the bill with rule under the Budget Act. The nine are: (47.5 percent—decrease is in nominal dol- the Budget Committee. On January 9, the Medicaid; AFDC; Child Nutrition; Food lars), Community Development Block Grants Governmental Affairs Committee voted to Stamps; Social Security Block Grants; Voca- (21.1 percent), Mass Transit (30.2 percent), report the bill, S. 1, by a vote of 9–4 after tional Rehabilitation State Grants; Foster Refugee Assistance (38.4 percent), and Low- adopting an amendment by Senator Glenn Care, Adoption Assistance, and Independent Income Home Energy Assistance (17.6 per- and two by Senator Levin. Voting ‘‘aye’’ Living; Family Support Welfare Services; cent). These cuts were partially offset by in- were Senators Roth, Stevens, Cohen, Thomp- and, Child Support Enforcement. Any legis- creases in funding in other areas—primarily son, Cochran, Grassley, Smith, Glenn, and lation or regulation would be considered a in housing and health and human services Nunn (with Senators McCain and Dorgan Federal intergovernmental mandate if it: (a) programs. voting ‘‘aye’’ by proxy). Voting ‘‘nay’’ were increases the stringency of State, local or The early 1990s saw a resurgence in funding Senators Levin, Pryor, Lieberman, and tribal government participation in any one for Federal-State-local discretionary aid pro- Akaka. of these nine programs, or (b) caps or de- grams. Funding rose from $51.6 billion in 1990 IV. SECTION-BY-SECTION ANALYSIS creases the Federal government’s respon- to $67.4 billion in 1993, a nominal increase of S. 1 sets up a legislative and regulatory sibility to provide funds to State, local or 30.6 percent and an inflation-adjusted aver- framework that is based on three relatively tribal governments to implement the pro- age annual gain of 5.6 percent. This growth simple concepts: gram, including a shifting of costs from the was driven primarily by expansions in fund- To better understand the impact of Federal Federal government to those governments. ing for Head Start, Highway Funding, and mandates on State, local and tribal govern- The legislation or regulation would not be Compensatory Education. Still, even with ments, and on the private sector, before pol- considered a Federal intergovernmental January 9, 1995 CONGRESSIONAL RECORD — SENATE S 649 mandate if it allows those governments the rights laws. During the middle part of the There has been some concern expressed that flexibility to amend their specific pro- 20th century, the arguments of those who op- subsidization of the public sector in these grammatic or financial responsibilities with- posed the national, uniform extension of cases could create a competitive advantage in the program while still remaining eligible basic equal rights, protection, and oppor- for activities owned by State, local or tribal to participate in that program. In addition tunity to all individuals were based on a governments in those areas where they com- to the nine previously-mentioned programs, States rights philosophy. With the passage of pete with the private sector. In any instance also included are any new Federal-State- the Civil Rights Acts of 1957 and 1964 and the where this might be the case, Congress local entitlement programs (above the $500 Voting Rights Act of 1965, Congress rejected should be aware of that impact and the effect million threshold) that may be created after that argument out of hand as designed to on the continuing ability of private enter- the enactment of this Act. The Committee thwart equal opportunity and to protect dis- prises to remain viable, and carefully con- has included this provision in the legislation criminatory, unjust and unfair practices in sider whether the granting of a competitive because of its concern over past and possible the treatment of individuals in certain parts advantage to the public sector is fair and ap- future shifting of the costs of entitlement of the country. The Committee therefore ex- propriate. programs by the Federal government onto empts Federal civil rights laws from the re- For Federal intergovernmental mandates, State governments. quirements of this Act. Committee reports must also contain a ‘‘Federal private sector mandate’’ is de- Section 5. Agency Assistance statement of the amount, if any, of increased fined to include any legislation, or a provi- Under this section, the Committee intends authorization of Federal financial assistance sion therein, that imposes a legally binding for Federal agencies to provide information, to fund the costs of the intergovernmental duty on the private sector. technical assistance, and other assistance to mandates. ‘‘Direct costs’’ is defined to mean aggre- the Congressional Budget Office (CBO) as This section also requires the authorizing gate estimated amounts that State, local CBO might need and reasonably request that Committee to state in the report whether it and tribal governments, and the private sec- might be helpful in preparing the legislation intends the Federal intergovernmental man- tor will have to spend in order to comply cost estimates as required by Title I. date to be funded or not. There may be occa- with a Federal mandate. Direct costs of Fed- Through the implementation of various sions when a Committee decides that it is eral mandates are net costs; estimated sav- Presidential Executive Orders over the last entirely appropriate that State, local or trib- ings will be subtracted from total costs. Fur- decade, agencies have developed a wealth of al governments should bear the cost of a ther, direct costs do not include costs that expertise and data on the cost of legislation mandate without receiving Federal aid. If so, State, local and tribal governments and the and regulation on State, local and tribal gov- the Committee report should state this and private sector currently incur or will incur ernment and the private sector. CBO should give an explanation for it. Likewise, the to implement the requirements of existing be able to tap into that expertise in a useful Committee report must state the extent to Federal law or regulation. In addition, the and timely manner. Other Congressional sup- which the reported legislation preempts direct costs of a Federal mandate must not port agencies may also have developed infor- State, local or tribal law, and, if so, explain include costs being borne by those govern- mation on cost estimates and the estimating the reasons why. To the maximum extent ments and the private sector as the result of process which might be helpful to CBO in possible, this intention to preempt should carrying out a State or local government performing its duties. CBO should not at- also be clear in the statutory language. tempt to duplicate analytical work already mandate. Finally, the Committee intends Also set out in this section are procedures that direct costs be calculated on the as- being done by the other support agencies, to ensure that the Committee publishes the sumption that State, local and tribal govern- but rather use as needed that information. CBO cost estimate, either in the Committee ments and the private sector are in compli- TITLE I—LEGISLATIVE ACCOUNTABILITY AND report or in the Congressional Record prior ance with relevant codes and standards of REFORM to floor consideration of the legislation. practice established by recognized profes- Section 101. Legislative mandate accountability sional organizations or trade associations. and reform Duties of the Director ‘‘Private sector’’ is defined to cover all per- This section amends title IV of the Con- New section 408(b) of the Congressional sons or entities in the United States except gressional Budget and Impoundment Control Budget and Impoundment Control Act re- for State, local or tribal governments. It in- Act of 1974 by creating a new section 408 on quires that the Director of CBO analyze and cludes individuals, partnerships, associa- Legislative Mandate Accountability and Re- prepare a statement on all bills reported by tions, corporations, and educational and form. Subsection (a) establishes procedures committees of the Senate or House of Rep- nonprofit institutions. and requirements for Committee reports ac- resentatives other than appropriations com- Independent regulatory agencies are ex- companying legislation that imposes a Fed- mittees. This subsection stipulates, first, cluded from the definition of a Federal eral mandate. It requires a committee, when that the Director of CBO must estimate ‘‘agency’’. The definition of ‘‘small govern- it orders reported legislation containing whether all direct costs of Federal intergov- ment’’ is made consistent with existing Fed- Federal mandates, to promptly provide the ernmental mandates in the bill will equal or eral law which classifies a government as reported bill to CBO so that it can be scored. exceed a threshold of $50,000,000 annually. If small if its population is less than 50,000. The Committee is concerned that the CBO the Director estimates that the direct costs ‘‘Tribal government’’ is defined according to scoring process not unnecessarily impede or will be below this threshold, the Director existing law. slow the legislative process. With this view must state this fact in his statement on the Section 4. Exclusions in mind, the Committee would urge the rel- bill, and must briefly explain the estimate. The Committee believes that several types evant authorizing committees to work close- (Although this provision requires only a de- of unfunded mandates should be properly ex- ly with CBO during the committee process to termination by CBO that the threshold will cluded from the requirements of this Act. ensure that legislation containing federal not be equalled or exceeded, if, in cases These include Federal legislation or regula- mandates, as well as possible related amend- below the threshold, the Director actually tion that: enforces constitutional rights of ments to be offered in markup, be scored in estimates the amount of direct costs, the individuals; establishes or enforces statutory a timely fashion. Committee expects that he will include that rights to prohibit discrimination on the The committee report shall include: an estimate in his explanatory statement.) If basis of race, religion, gender, national ori- identification and description of Federal the Director estimates that the direct costs gin, or handicapped or disability status; re- mandates in the bill, including an estimate will equal or exceed the threshold, the Direc- quires compliance with Federal auditing and of their expected direct costs to State, local tor must so state and provide an expla- accounting procedures; provides emergency and tribal governments and the private sec- nation, and must also prepare the required relief assistance or is designated as emer- tor, and a qualitative assessment of the costs estimates. gency legislation; and, is necessary for na- and benefits of the Federal mandates, includ- In estimating whether the threshold will tional security or ratification or implemen- ing their anticipated costs and benefits to be equalled or exceeded, the director must tation of international treaties. human health and safety and protection of consider direct costs in the year when the A number of these exemptions are standard the natural environment. If a mandate af- Federal intergovernmental mandate will in many pieces of legislation in order to rec- fects both the public and the private sectors, first be effective, plus each of the succeeding ognize the domain of the President in foreign and it is intended that the Federal Govern- four fiscal years. In some cases, the new du- affairs and as Commander-in-Chief as well as ment pay the public sector costs, the report ties or conditions that constitute the man- to ensure that Congress’ and the Executive should also state what effect, if any, this date will not become effective against State, Branch’s hands are not tied with procedural would have on any competitive balance be- local and tribal governments when the stat- requirements in times of national emer- tween government and privately owned busi- ute becomes effective, but will become effec- gencies. Further, the Committee thinks that ness. tive when the implementing regulations be- Federal auditing, accounting and other simi- Some Federal mandates will affect both come effective. In such cases, the Director lar requirements designed to protect Federal the public and private sectors in similar, and must consider direct costs in the first fiscal funds from potential waste, fraud, and abuse in some cases nearly identical, ways. For ex- year when the regulations are to become ef- should be exempt from the Act. ample, the costs of compliance with mini- fective, and each of the next four fiscal The Committee recognizes the special cir- mum wage laws or environmental standards years. cumstances and history surrounding the en- for landfill operations or municipal waste The $50,000,000 threshold in this legislation actment and enforcement of Federal civil incinceration are incurred by both sectors. for Federal intergovernmental mandates is S 650 CONGRESSIONAL RECORD — SENATE January 9, 1995 significantly lower than the threshold of from CBO of whether the threshold will or tion that may have a significant budgetary $200,000,000 in the State and Local Cost Esti- will not be exceeded, if, in cases below the impact on State, local or tribal governments mate Act of 1981 (2 U.S.C. 403(c)). The thresh- threshold, the Director actually estimates or a significant financial impact on the pri- old in the 1981 Act also included a test of the amount of direct costs, the Committee vate sector. It provides for the assistance whether the proposed legislation is likely to expects that he will include this estimate in that committees will need for CBO to fulfill have an exceptional fiscal consequence for a his explanatory statement.) their obligations under the provisions of S. 1. geographic region or a level of government. Point of order in the Senate This section also states that CBO should The Committee believes that, in the context This section provides that a point of order set up a process to allow meaningful input of this present legislation, applying a thresh- lies against any bill or joint resolution re- from those knowledgeable, affected, and con- old for specific geographic regions or levels ported by a committee that contains a Fed- cerned about the Federal mandates in ques- of government would be too subjective or too eral mandate, but does not contain a CBO es- tion. One possible way to establish this proc- complex. However, the significantly lowered timate of the mandate’s direct costs. A point ess is through the formation of advisory pan- threshold of S. 1 should provide an extra of order would also lie against any bill, joint els made up to relevant outside experts. The margin of protection for particular geo- resolution, amendment, motion, or con- Committee leaves it to the discretion of the graphic regions or levels of government af- ference report that increased the costs of a Director as to when and where it is appro- fected by Federal intergovernmental man- Federal intergovernmental mandate by an priate to form an advisory panel; however, dates. amount that caused the $50,000,000 threshold the Committee does encourage the Director If the Director determines that the direct to be exceeded, unless that same amount to form these panels where feasible and help- costs of the Federal intergovernmental man- were fully funded to State, local and tribal ful in performing the requisite studies. The dates will equal or exceed the threshold, he governments. membership of the panels should represent a must make the required additional estimates Such action would have to specify that the fair balance of interests and constituencies, and place them in the statement. These addi- funding of the mandate’s full costs would be as well as include those expert in the areas tional estimates may be summarized as fol- by way of; (1) an increase in entitlement of economic and budgetary analysis, but the lows: spending with a resulting increase in the Committee believes that when the Director An estimate of the total amount of direct Federal budget deficit, (2) an increase in di- convenes an advisory panel, he should ap- costs of the Federal intergovernmental man- rect spending paid for by an increase in tax point State, local or tribal officials (includ- dates. This is an aggregate amount, broken receipts, or (3) an increase in the authoriza- ing their designated representatives) to the out on an annual basis over the 5-year pe- tion of appropriations. panels. riod. If the third alternative is used (authoriza- This section encourages authorizing com- An estimate of any increase in the bill in tion of appropriations), the specific appro- mittees to take a prospective look at the im- authorization of appropriations for Federal priation bill that is expected to provide fund- pact of Federal intergovernmental and pri- financial assistance programs usable by the ing must be identified. The mandate legisla- vate sector mandates before considering new State, local, and tribal governments for ac- tion must also designate a responsible Fed- legislation. It stipulates that committees tivities subject to the Federal intergovern- eral agency that shall either: implement an should request that CBO undertake studies mental mandates. appropriately less costly mandate if less in the early part of each Congress of the po- The amount of increase in authorization of than full funding is ultimately appropriated tential budgetary and financial impact of appropriations would be calculated, as the (pursuant to criteria and procedures also Federal mandates in major legislation ex- sum of the increased budget authority of any provided in the mandate legislation), or de- pected to be considered in that Congress. Federal grant assistance, plus the increased clare such mandate to be ineffective. In Section 104. Authorization of appropriations subsidy amount of any loan guarantees or di- other words, the authorizing committee rect loans. should expect that unless it expressly plans This paragraph authorizes appropriations The Director of CBO must also estimate otherwise, its mandate will be voided if the for CBO of $4,500,000 per year for FY 1996 first whether all direct costs of Federal pri- appropriations committee at any point in through 2002. The Committee recognizes that vate sector mandates in the bill will equal or the future under-funds the mandate. There- additional resources and personnel are need- exceed a threshold of $200,000,000 annually. In fore, if a ‘‘less money, less mandate’’ alter- ed for CBO to fully perform its duties under making this estimate, the Director must native is both feasible and desired, it is in- this Act along with continuing to carry out consider direct costs in the year when the cumbent upon the authorizing committee to its current responsibilities. The Committee Federal private sector mandate will first be specify how the agency shall implement that understands that the current policy and effective, plus each of the succeeding four alternative. practice at CBO is to rely on in-house per- fiscal years. In some cases, the new duties or Appropriations bills are not subject to a sonnel to conduct studies and cost estimates, conditions that constitute the mandate will point of order under this section. If such a rather than contracting these duties to out- not become effective for the private sector bill did seek to impose a federal mandate, it side entities. The Committee supports this when the statute becomes effective, but will would likely be subject to the point of order policy and urges the Appropriations Commit- become effective when the implementing that lies against legislating on an appropria- tee, in funding this authorization, to in- regulations become effective. In such cases, tions bill. crease CBO’s authority to hire additional the Director must consider direct costs in The Committee expects that during those personnel in order to fulfill its new duties the first fiscal year when the regulations be- instances when the Parliamentarian must under this Act. come effective, and each of the next four fis- rule on a point of order under this section, Section 105. Exercise of rulemaking powers cal years. If the Director estimates that the there may be occasions when there is a need This section provides that the terms of direct costs will equal or exceed the thresh- for consultation regarding the applicability old, the Director must so state and provide title I are enacted as an exercise of the rule- of this Act. This section provides that on all making power of the Senate and the House of an explanation, and must also prepare the such questions that are not within the pur- required estimates. These additional esti- Representatives, and that either house may view of either the House or Senate Budget change such rules at any time. mates may be summarized as follows: Committee, it is the Senate Governmental An estimate of the total amount of direct Affairs Committee or House Government Re- Section 106. Repeal of the State and Local Cost costs of the Federal private sector mandates. form and Oversight Committee that shall Estimate Act of 1981 This is an aggregate amount, broke out an- make the final determination. For example, This paragraph rescinds the provisions of nually over the 5-year period. on the question of whether a particular man- the State and Local Cost Estimate Act of An estimate of any increase in the bill in date is properly excluded from coverage of 1981. authorization of appropriations for Federal the Act as bill which enforces constitutional Section 107. Effective date financial assistance programs usable by the rights of individuals, the Governmental Af- private sector for activities subject to the fairs Committee would be the appropriate Title I will take effect on January 1, 1996 Federal private sector mandates. committee to consult. On a question regard- and apply only to legislation introduced on If the Director determines that it is not ing the particular cost of such a mandate, or after that date. This is to giveCBO the feasible for him to make a reasonable esti- the Budget Committee would be the appro- time to develop the proper methodologies mate that would be required with respect to priate committee. and analytical techniques in order to develop Federal private sector mandates, the Direc- Section 102. Enforcement in the House of a more thorough cost estimating process, as tor shall not make the estimate, but shall Representatives well as to give Congress opportunity to pro- report in the statement that the reasonable vide adequate resources to CBO in the an- estimate cannot be reasonably made. No cor- This section specifies the procedures to be nual appropriations process. responding section applies for Federal inter- followed in the House of Representatives in enforcing the provisions of this Act. TITLE II—REGULATORY ACCOUNTABILITY AND governmental mandates. REFORM If the Director estimates that the direct Section 103. Assistance to committees and costs of a Federal mandate will be below the studies Section 201. Regulatory process specified threshold, the Director must state This section requires the Director of CBO Under this section, agencies must assess this fact in his statement on the bill, and to consult with and assist committees of the the effects of their regulations on State, must briefly explain the estimate. (Although Senate and the House of Representatives, at local and tribal governments, and the pri- this provision requires only a determination their request, in analyzing proposed legisla- vate sector, including resources available to January 9, 1995 CONGRESSIONAL RECORD — SENATE S 651 carry out Federal intergovernmental man- should undertake a special effort to ensure tice of proposed rulemaking and in the final dates contained in those regulations. In that officials from small governments have rule. Subsection (c) states that preparation keeping with both statutory and regulatory an opportunity for significant input into the of the written statements may be done in objectives, agencies shall seek ways to mini- regulatory process. According to the Census conjunction with other analyses. This sub- mize regulatory burdens that significantly Bureau, small governments (population section ensures that agency actions be com- effect State, local and tribal governments. below 50,000) make up 97 percent of all gen- patible with the regulatory planning and co- Subsection (b) requires agencies to develop eral purpose governments in the United ordination provisions of the President’s an effective process to permit elected offi- States. A full 67 percent of all general pur- scheme for regulatory review as governed by cials of those governments (or their des- pose governments serve fewer than 2,500 peo- Executive Order 12866—Regulatory Planning ignated representatives) to provide meaning- ple. Yet despite their prevalence, small gov- and Review. ful and timely input into the development of ernments have a relatively small presence in The Committee believes that proper agen- regulatory proposals that contain significant the Nation’s Capital where Federal regu- cy assessment of the impact of major regula- Federal intergovernmental mandates. This latory policies and decisions are made. It is tions on State, local and tribal governments provision mirrors Section 1(b) of President the Committee’s sense that Federal agencies can lead to better and more cost-effective Clinton’s Executive Order 12875—‘‘Enhancing have not always been aware of, or have ade- Federal regulation as well as reduce unrea- the Intergovernmental Partnership’’—which quately considered, small governments’ ca- sonable burdens on smaller governments. seeks to establish a closer partnership be- pabilities in implementing certain regu- The spirit and intent of this section is meant tween Federal agencies and elected and latory requirements. This has resulted in the to be entirely consistent with the relevant other State, local and tribal officials in the promulgation of regulations in certain cases portions of E.O. 12866. As part of its prin- regulatory process. The Committee expects that have not only over-burdened small gov- ciples, the E.O. states, ‘‘each agency shall as- agencies to fully and faithfully implement ernments to the point of widespread non- sess the effects of Federal regulations on this section as well as the other provisions in compliance, but in so doing fails to achieve State, local, and tribal governments, includ- the E.O. On January 11, 1994, OMB Director those regulations’ goals and objectives. The ing specifically the availability of resources Leon Panetta and OIRA Administrator Sally Committee believes that one way to achieve to carry out those mandates, and seek to Katzen issued guidance on the implementa- the twin goals of more cost-effective regula- minimize those burdens that uniquely or sig- tion of the E.O. Concerning Section 1 of the tion and greater rates of compliance on sig- nificantly affect such governmental entities, E.O., that guidance states, ‘‘intergovern- nificant regulations that impact small gov- consistent with achieving regulatory objec- mental consultation should take place as ernments is for agencies to establish plans tives. In addition, as appropriate, agencies early as possible, and preferably before pub- for outreach to small governments. Such shall seek to harmonize Federal regulatory lication of the notice of proposed rulemaking plans might incorporate activities such as actions with related State, local, and tribal or other regulatory action proposing the greater technical assistance to small govern- regulatory and other governmental func- mandate. Consultations may continue after ments; regional planning activities, con- tions.’’ The Committee strongly endorses publication of the regulatory action initiat- ferences, and workshops; and establishment these principles and supports their full im- ing the proposal, but in any event they must of small government advisory committees, plementation. occur ‘prior to the formal promulgation’ in or appointment of small government rep- final form of the regulatory action ‘contain- resentatives on existing advisory commit- Section 203. Assistance to the Congressional ing the proposed mandate.’ ’’ Early and ex- tees. One good approach is embodied in the Budget Office tensive intergovernmental consultation can recommendations of the National Perform- This section requires the Director of the help promote the development of more cost- ance Review Report for the Environmental Office of Management and Budget to collect effective Federal regulation as well as help Protection Agency. The NPR EPA Report the written statements prepared by agencies all the participants in the process reach a recommends that the agency convene a se- under Section 202 and submit them on a better understanding of the proper needs and ries of town meetings across the United timely basis to CBO. The reason for this sec- responsibilities of each level of government States to discuss more flexible ways to tion is that CBO may find useful agency as- in implementing or complying with a Fed- achieve environmental protection. sessments and analyses in performing the re- eral requirement. Section 202. Statements to accompany quired cost estimates on legislation. As OMB OMB’s guidance also outlines with whom significant regulatory actions already collects these assessments and relat- agencies should consult in State, local and This section states that before a Federal ed information from all agencies under Exec- tribal government. The Committee feels agency promulgates any final rule or notice utive Order authority, it makes good sense strongly that agencies should follow the of proposed rulemaking that includes any that OMB also supply that information to OMB guidance concerning consultation with intergovernmental mandate that is esti- CBO as a matter of routine. elected officials, including their representa- mated to result in an annual aggregate ex- Section 204. Pilot program on small government tives, from all levels of smaller governments penditure of $100,000,000 or more by State, flexibility because these officials are responsible for local or tribal governments, and the private balancing the competing claims on the gov- sector, the agency must complete a written This section requires OMB, in consultation ernment’s revenue base from many program statement containing the following: with Federalagencies, to establish at least responsibilities. The OMB guidance further Estimates of the anticipated costs to two pilot programs to test innovative and discusses how Federal agencies should also State, local and tribal governments, and the more flexible regulatory approaches that re- confer with the designated representatives of private sector, of compliance with the man- duce reporting and compliance burdens on elected officials as well as with program and date, including the availability of Federal small governments while continuing to meet financial officials from State, local and trib- funds to pay for those costs; overall statutory goals and objectives. al governments. program officials clearly are Future costs of Federal intergovernmental The Committee believes that Federal agen- able to offer information and guidance to mandate not estimated above, including esti- cies should experiment with some new and their Federal counterparts on the likely ef- mates of any disproportionate budgetary ef- innovative approaches on regulations that fectiveness of any Federal regulatory pro- fects on any particular regions of the United affect small governments. Such a pilot pro- posal, while financial officials can offer im- States or on particular States, local govern- gram would embody some of the rec- portant perspectives on their government’s ments, tribal governments, urban or rural or ommendations of the Vice President’s Na- ability to pay for the mandate. In consulting other types of communities; tional Performance Review. For example, with financial officials, Federal agencies A qualitative, and if possible, a quan- the NPR report for the Environmental Pro- should look to the applicable treasury, budg- titative assessment of costs and benefits an- tection Agency recommends that the agency et, tax-collection, or other financial officers ticipated from any Federal intergovern- establish a pilot project to assist a commu- in State, local and tribal governments. mental mandate, including enhancement of nity in assessing its environmental and com- Subsection (b) also states that the inter- public health and safety and protection of munity health risks and how to direct re- governmental consultations should be con- the natural environment; sources to priority problems. The Commit- sistent with the requirements established in An estimate of the effect on the national tee’s wish is that similar sorts of initiatives existing Federal law governing the regu- economy of the mandate’s impact on private be tried by at least one other agency. latory process. In particular, the Committee sector costs; TITLE III—BASELINE STUDY believes that agencies must ensure that the A description and summary of input, com- consultation process not subvert or violate ments, and concerns received from State, Section 301. Baseline study of costs and benefits in any way the public disclosure and sun- local and tribal government elected officials; This section establishes a Commission on shine provisions of existing law and Execu- and, Unfunded Federal Mandates. tive Order, including the Administrative A summary of the agency’s evaluation of Procedure Act. those comments and concerns, and the agen- Section 302. Report on unfunded Federal Subsection (c)(1) has agencies establishing cy’s position supporting the need to issue the mandates by the Commission plans to inform, advice, involve and consult regulation containing the Federal intergov- This section provides that the Commission with small governments before implement- ernmental mandates. shall review the role and impact of unfunded ing regulations that might significantly or Subsection (b) requires agencies to summa- Federal mandates in intergovernmental rela- uniquely affect those governments. The rizes their written statements and include tions, and make recommendations to the Committee believes that Federal agencies that summary in the promulgation of the no- President and Congress on how State and S 652 CONGRESSIONAL RECORD — SENATE January 9, 1995 local governments can participate in private sector costs of any particular bill or entitlement programs (for example, Medic- meeting national objectives without resolution may influence its outcome during aid). Conditions of federal assistance and du- the burden of such mandates. It shall the Congressional debate, it is possible that ties arising from participation in most vol- also make recommendations on how to this bill may ease the regulatory impact on untary federal programs would not be con- the private sector—both on individual pieces sidered mandates. allow more flexibility in complying of legislation as well as overall. However, it Committee reports would have to provide with mandates, reconcile conflicting is impossible at this time to determine with information on the amount of federal finan- mandates, terminate obsolete ones, and any specificity what that level of regulatory cial assistance that would be available to simply reporting and other require- relief may be. carry out any intergovernmental mandates ments. The Commission shall first de- S. 1 does address the Federal regulatory in the legislation. In addition, committees velop criteria for evaluating unfunded process in three ways: (1) It requires agencies would have to note whether the legislation mandates, and then shall publish a pre- to estimate the costs to State, local and preempts any state or local laws. The re- liminary report on its activities under tribal governments of complying with major quirements of the bill would not apply to regulations that include Federal intergov- provisions that enforce the constitutional this title within 9 months of the enact- ernmental mandates; (2) It compels agencies rights of individuals, that are necessary for ment of this Act. A final report shall to set up a process to permit State, local and national security, or that meet certain other be submitted within 3 months of the tribal officials to provide input into the de- conditions. preliminary report. velopment of significant regulatory propos- The Congressional Budget Office (CBO) Section 303. Membership als; and (3) It requires agencies to establish would be required to provide committees plans for outreach to small governments. with estimates of the direct cost of mandates This section provides that the Commission However, with the exception of the third in reported legislation other than appropria- shall be composed of 9 members—3 appointed provision, the bill will not impose new re- tion bills. Specific estimates would be re- by the Speaker of the House of Representa- quirements for agencies to implement in the quired for intergovernmental mandates cost- tives (in consultation with the minority regulatory process that are not already re- ing $50 million or more and, if feasible, for leader), 3 by the majority leader of the Sen- quired under Executive Orders 12866 and private sector mandates costing $200 million ate (in consultation with the minority lead- 12875. The bill merely codifies the major pro- or more in a particular year. (CBO currently er), and 3 by the President. No Member or visions of the E.O.s that pertain to smaller prepares estimates of costs to states and lo- employee of Congress may be a member of governments. calities of reported bills, but does not project the Commission. The legislation will have no impact on the costs imposed on Indian tribes or the private Section 304. Director and staff of commission; privacy of individuals. Nor will it add addi- sector.) In addition, CBO would probably be experts and consultants tional paperwork burdens to businesses, con- asked to assist the Budget Committees by This section provides for the appointment sumers and individuals. To the extent that preparing estimates for amendments and at of the staff and Director of the Commission, CBO and Federal agencies will need to col- laterstages of a bill’s consideration. Also, at without regard to certain Civil Service rules. lect more data and information from State, times other than when a bill is reported, It also grants the Commission the authority local and tribal governments and the private when requested by Congressional commit- to hire on a temporary basis the services of sector, as they conduct their requisite legis- tees, CBO would analyze proposed legislation experts and consultants for purposes of car- lative and regulatory cost estimates, it is likely to have a significant budgetary or fi- rying out this title, as well as the right to possible that those entities will face addi- nancial impact on state, local, or tribal gov- receive detailees from Federal agencies on a tional paperwork. However, although smaller ernments or on the private sector, and would reimbursable basis, if approved by the agen- governments are certainly encouraged to prepare studies on proposed mandates. S. 1 cy head. comply with agency and CBO requests for in- would authorize the appropriations of $4.5 Section 305. Powers of commission formation, they are not bound to. million to CBO for each of the fiscal years This section provides the Commission with VI. CBO COST ESTIMATE 1996–2002 to carry out the new requirements. These requirements would take effect on the authority to hold hearings, obtain offi- U.S. CONGRESS, January 1, 1996, and would be permanent. cial data, use the U.S. mails, acquire admin- CONGRESSIONAL BUDGET OFFICE, S. 1 would amend Senate rules to establish istrative support services from the General Washington, DC, January 9, 1995. a point of order against any bill or joint res- Services Administration, and contract for Hon. WILLIAM V. ROTH, olution reported by an authorizing commit- property and services. Chairman, Committee on Governmental Affairs, tee that lacks the necessary CBO statement U.S. Senate, Washington, DC. Section 306. Termination or that results in direct costs (as defined in DEAR MR. CHAIRMAN: The Congressional The Commission shall terminate 90 days the bill) of $50 million or more in a year to Budget Office has prepared the enclosed cost after submitting its final report. state, local, and tribal governments. The leg- estimate for S. 1, the Unfunded Mandate Re- islation would be in order if it provided fund- Section 307. Authorization of appropriations form Act of 1995. ing to cover the direct costs incurred by such This section authorizes the appropriation Enactment of S. 1 would not affect direct governments, or if it included an authoriza- to Commission of $1 million. spending on receipts. Therefore, pay-as-you- tion of appropriations and identified the go procedures would not apply to the bill. Section 308. Definition minimum amount that must be appropriated If you wish further details on this esti- This section defines the term ‘‘unfunded in order for the mandate to be effective, the mate, we will be pleased to provide them. federal mandate’’, as used in title III. specific bill that would provide the appro- Sincerely, TITLE IV—JUDICIAL REVIEW priation, and a federal agency responsible for ROBERT D. REISCHAUER. implementing the mandate. Section 401. Judicial review Enclosure. Finally, S. 1 would require executive This section provides that nothing under CONGRESSIONAL BUDGET OFFICE COST branch agencies to take actions to ensure the Act shall be subject to judicial review, ESTIMATE—JANUARY 9, 1995 that state, local, and tribal concerns are that no provisions of the Act shall be en- 1. Bill number: S. 1. fully considered in the process of promulgat- forceable in an administrative or judicial ac- 2. Bill title: Unfunded Mandate Reform Act ing regulations. These actions would include tion, and that no ruling or determination of 1995. the preparation of estimates of the antici- under the Act shall be considered by any 3. Bill status: As ordered reported by the pated costs of regulations to state, localities, court in determining the intent of Congress Senate Committee on Governmental Affairs and Indian tribes, along with an assessment or for any other purpose. on January 9, 1995. of the anticipated benefits. In addition, the V. REGULATORY IMPACT STATEMENT 4. Bill purpose: S. 1 would require authoriz- bill would authorize the appropriation of $1 Paragraph 11(b) of Rule XXVI of the Stand- ing committees in the House and Senate to million, to be spent over fiscal years 1995 and ing Rules of the Senate requires Committee include in their reports on legislation a de- 1996, for a temporary Commission on Un- reports to evaluate the legislation’s regu- scription and an estimate of the cost of any funded Federal Mandates, which would rec- latory, paperwork, and privacy impact on in- federal mandates in that legislation, along ommend ways to reconcile, terminate, sus- dividuals, businesses, and consumers. with an assessment of their anticipated ben- pend, consolidate, or simplify federal man- S. 1 addresses Federal government process, efits. Mandates are defined to include provi- dates. not output. It will directly affect and change sions that impose duties on states, localities, 5. Estimated cost to the Federal Govern- both the legislative and regulatory process. or Indian tribes (‘‘intergovernmental man- ment: It will not have a direct regulatory impact dates’’) or on the private sector (‘‘private [By fiscal year, in millions of dollars] on individuals, consumers, and businesses as sector mandates’’). Mandates also would in- these groups are not covered by the bill’s re- clude provisions that reduce or eliminate 1995 1996 1997 1998 1999 2000 quirements. any authorization of appropriations to assist Congressional Budget Office: However, the implementation of S. 1 will state, local, and tribal governments or the Authorization of Appropria- likely have an indirect regulatory impact on private sector in complying with federal re- tions ...... 4.5 4.5 4.5 4.5 4.5 these groups since a primary focus of the bill quirements, unless the requirements are cor- Estimated Outlays ...... 4.0 4.4 4.4 4.4 4.4 is to ensure that Congress assess the cost im- respondingly reduced. In addition, intergov- Commission on Unfunded Fed- eral Mandates: pact of new legislation on the private sector ernmental mandates would include changes Authorization of Appropria- before acting. In so much as information on in the conditions governing certain types of tions ...... 1.0 ...... January 9, 1995 CONGRESSIONAL RECORD — SENATE S 653 [By fiscal year, in millions of dollars] By Mr. KENNEDY (for himself, Mr. opening the lines of communication. In SIMON, and Mr. DODD): this diverse land of ours, English is the 1995 1996 1997 1998 1999 2000 S. 180. A bill to streamline and reform Fed- common line of communication we Estimated Outlays ...... 0.4 0.6 ...... eral job training programs to create a world- share. English is what allows us to Bill Total: class workforce development system for the Authorization of Appropria- 21st century, and for other purposes; to the teach, learn about and appreciate one tions ...... 1.0 5.5 4.5 4.5 4.5 4.5 another. It is therefore important that Estimated Outlays ...... 0.4 4.6 4.4 4.4 4.4 4.4 Committee on Labor and Human Resources. By Mr. HATCH: the Federal Government formally rec- The costs of this bill fall within budget S. 181. A bill to amend the Internal Reve- ognize English as the language of Gov- function 800. nue Code of 1986 to provide tax incentives to ernment and pursue efforts to help new Basis of estimate: CBO assumes that the encourage small investors, and for other pur- citizens assimilate and learn the Eng- specific amounts authorized will be appro- poses; to the Committee on Finance. lish language. priated and that spending will occur at his- S. 182. A bill to amend the Internal Reve- nue Code of 1986 to encourage investment in The inability to communicate fosters torical rates. frustration and resentment. By encour- We estimate that executive branch agen- the United States by reforming the taxation cies would incur no significant additional of capital gains, and for other purposes; to aging people to communicate in a com- costs in carrying out their responsibilities the Committee on Finance. mon language, we actually help them associated with the promulgation of regula- By Mr. ABRAHAM: progress in society. A common lan- tions because most of these tasks are already S. 183. A bill to provide that pay for Mem- guage allows individuals to take advan- required by Executive Orders 12875 and 12866. bers of Congress shall be reduced whenever tage of the social and economic oppor- total expenditures of the Federal Govern- 6. Comparison with spending under current tunities America has to offer. The abil- law: S. 1 would authorize additional appro- ment exceed total receipts in any fiscal year, and for other purposes; to the Committee on ity to maintain a law abiding citizenry priations of $4.5 million a year for the Con- is hindered and the ability to offer true gressional Budget Office beginning in 1996. Governmental Affairs. CBO’s 1995 appropriation is $23.2 million. If By Mr. HATFIELD: representation is certainly hampered if funding for current activities were to remain S. 184. A bill to establish an Office for Rare individuals cannot communicate their unchanged in 1996, and if the full additional Disease Research in the National Institutes opinions. amount authorized were appropriated, CBO’s of Health, and for other purposes; to the There might be concerns that this 1996 appropriation would total $27.7 million, Committee on Labor and Human Resources. legislation will deprive non-English By Mr. BUMPERS: an increase of 19 percent. speaking individuals of certain rights Because S. 1 would create the Commission S. 185. A bill to transfer the Fish Farming Experimental Laboratory in Stuttgart, Ar- or services. Let me assure you it will on Unfunded Federal Mandates, there is no not. This legislation does not deny in- funding under current law for the commis- kansas, to the Department of Agriculture, sion. and for other purposes; to the Committee on dividuals their right to use native lan- 7. Pay-as-you-go considerations: None. Environment and Public Works. guages in their private lives nor does it 8. Estimated cost to State and local gov- f deny critical services. This bill only af- ernments: None. fects the official functions of the U.S. 9. Estimate comparison: None. STATEMENTS ON INTRODUCED Government. If anything, this legisla- 10. Previous CBO estimate: None. BILLS AND JOINT RESOLUTIONS tion reflects the need to provide serv- 11. Estimate prepared by: James Hearn. By Mr. SHELBY: ices that help non-English speaking 12. Estimate approved by: Paul Van de S. 175. A bill to amend title 4, United people learn English and assimilate to Water, Assistant Director for Budget Analy- sis. States Code, to declare English as the America. Participatory democracy in official language of the Government of this country simply requires people f the United States; to the Committee learn the English language. on Governmental Affairs. I strongly urge my colleagues to join INTRODUCTION OF BILLS AND LEGISLATION TO MAKE ENGLISH THE OFFICIAL in this effort to establish a national JOINT RESOLUTIONS LANGUAGE OF THE U.S. GOVERNMENT language policy for the U.S. Govern- The following bills and joint resolutions ∑ Mr. SHELBY. Mr. President, today I ment by cosponsoring the Language of were introduced, read the first and second am introducing legislation to designate Government Act of 1995.∑ time by unanimous consent, and referred as English as the official language of the indicated: U.S. Government. By Mr. BUMPERS: By Mr. SIMON: Last year, tax forms were printed in S. 176. A bill to require the Secretary S. 174. A bill to repeal the prohibitions a language other than English for the of the Interior to convey the Corning against political recommendations relating first time in the 131 year history of the National Fish Hatchery to the State of to Federal employment and United States Arkansas; to the Committee on Envi- Postal Service employment, and for other IRS. In addition, the Immigration and purposes; to the Committee on Govern- Naturalization Service is now conduct- ronment and Public Works. mental Affairs. ing non-English language citizenship THE CORNING NATIONAL FISH HATCHERY By Mr. SHELBY: ceremonies. I find these policies very CONVEYANCE ACT OF 1995 S. 175. A bill to amend title 4, United disturbing. The Government is sending Mr. BUMPERS. Mr. President, today, States Code, to declare English as the offi- a clear message that to live in the I am introducing legislation that would cial language of the Government of the Unit- United States, one must not learn the transfer the property rights in the Cor- ed States; to the Committee on Govern- mental Affairs. English language. ning National Fish Hatchery from the By Mr. BUMPERS: I believe such Government policies Federal Government to the State of S. 176. A bill to require the Secretary of establish a dangerous and expensive Arkansas. In 1983, the Fish and Wildlife the Interior to convey the Corning National precedent. The idea that the U.S. Gov- Service closed this hatchery because of Fish Hatchery to the State of Arkansas; to ernment can accommodate better than budget constraints. Because the State the Committee on Environment and Public 300 foreign languages now found in of Arkansas was interested in main- Works. America, is absurd. taining the Corning facility as part of By Mr. MCCAIN: In order to assimilate the various its State hatchery system, the U.S. S. 177. A bill to repeal the Ramspeck Act; to the Committee on Governmental Affairs. cultures and ethnic groups that com- Fish and Wildlife Service signed a By Mr. LUGAR (for himself and Mr. prise this great land, we must use Eng- Memorandum of Understanding with LEAHY) (by request): lish. Of all the different homelands and the Arkansas Game and Fish Commis- S. 178. A bill to amend the Commodity Ex- dialects introduced to the United sion transferring the operation of the change Act to extend the authorization for States in the 18th century, the lan- Corning Hatchery to the Arkansas the Commodity Futures Trading Commis- guage the immigrants choose was Eng- Game and Fish Commission. The sion, and for other purposes; to the Commit- lish. They did not choose French, Ger- hatchery has even been renamed the tee on Agriculture, Nutrition, and Forestry. man, or Spanish. William H. Donham State Fish Hatch- By Mr. ROTH: S. 179. A bill to amend the Immigration A common, established language al- ery. and Nationality Act to facilitate the appre- lows individuals to engage in conversa- Mr. President, it is time to give the hension, detention, and deportation of crimi- tion, commerce and of course political State of Arkansas clear title to this nal aliens, and for other purposes; to the discussion. A common language serves property. The State has been operating Committee on the Judiciary. as a bridge unifying a community by and maintaining it for over 10 years S 654 CONGRESSIONAL RECORD — SENATE January 9, 1995 without any Federal funding and it has ments of civil service positions for in- tive branch. Therefore, the legislation I become an important component of the dividuals who have served 3 years in am introducing today would terminate State’s fisheries program. The proposed the legislative branch or 4 years in the this reemployment perk 2 years after transfer not only has the support of the judicial branch. the enactment of this measure. Arkansas Game and Fish Commission Under the Ramspeck Act, legislative A repeal of the Rampseck Act is war- but also the U.S. Fish and Wildlife branch employees are awarded status ranted because it is wrong for former Service. for direct appointment to a civil serv- legislative and judicial branch employ- I urge my colleagues to join me in ice position if they have been involun- ees to be given special reemployment support of this legislation and look for- tarily separated from their job, and privileges that allow them to leap in ward to its speedy passage. they are allowed 1 year from their date front of equally qualified individuals— Mr. President, I ask unanimous con- of separation in which to exercise this especially on the basis that they re- sent that the full text of the bill be privilege. Furthermore, the Ramspeck cently worked for a Senator or Con- printed in the RECORD. Act waives any competitive examina- gressmen who was recently defeated for There being no objection, the bill was tion which ranks applicants for a job reelection. ordered to be printed in the RECORD, as for individuals who are former legisla- In closing, Mr. President, this legis- follows: tive or judicial branch employees. lation is about fairness and equal op- S. 176 Therefore, if a competitive exam is re- portunity. The Ramspeck Act is an un- Be it enacted by the Senate and House of Rep- quired to rank candidates for a civil necessary and unjustified relic from resentatives of the United States of America in service position, the Ramspeck Act en- another era, and it’s time we repealed Congress assembled, ables a select group of individuals to it. I hope the Senate will pass this leg- SECTION 1. SHORT TITLE. skip that hurdle, while assuring them islation and take a sound step toward This Act may be cited as the ‘‘Corning Na- of being able to be selected for the job. reforming a part of Federal civil serv- tional Fish Hatchery Conveyance Act of Finally, individuals appointed under ice law that is an affront to the prin- 1995’’. this act become career employees in ciples of merit-based job selections and SEC. 2. CONVEYANCE OF THE CORNING NA- the civil service without regard to the true competition. I ask my colleagues TIONAL FISH HATCHERY TO THE tenure of service requirements that STATE OF ARKANSAS. to join with me in reaffirming these exist for all other civil service employ- (a) CONVEYANCE REQUIREMENT.—The Sec- principals by supporting the Ramspeck retary of the Interior shall convey to the ees. Most people who have successfully Repeal Act.∑ State of Arkansas, without reimbursement competed for a position with the civil service must then serve a 3-year proba- and by no later than December 31, 1995, all By Mr. LUGAR (for himself and right, title, and interest of the United States tionary period before they achieve ca- Mr. LEAHY) (by request): in and to the property described in sub- reer status with their agency. S. 178. A bill to amend the Commod- section (b), for use by the Arkansas Game Ramspeck appointees, however, are af- ity Exchange Act to extend the author- and Fish Commission as part of the State of forded career status immediately. ization for the Commodity Futures Arkansas fish culture program. It is not appropriate for former legis- (b) PROPERTY DESCRIBED.—The property Trading Commission, and for other lative employees to receive special re- refereed to in subsection (a) is the property purposes; to the Committee on Agri- employment privileges that allow them formally known as the Corning National culture, Nutrition, and Forestry. Fish Hatchery, (popularly known as the Wil- to jump ahead of their fellow citizens liam H. Donham State Fish Hatchery), lo- when seeking a civil service position. THE COMMODITY FUTURES TRADING COMMISSION cated one mile west of Corning, Arkansas, on It is both reasonable and equitable to REAUTHORIZATION ACT Arkansas State Highway 67 in Clay County, require former legislative or judicial ∑ Mr. LUGAR. Mr. President, I am Arkansas, consisting of 137.34 acres, (more or branch employees to compete for civil pleased to introduce a bill to reauthor- less) and all improvements and related per- service jobs under the same terms that ize the Commodity Futures Trading sonal property under the control of the Sec- retary that is located on that property, in- other Americans have to. Leveling the Commission [CFTC] to exercise its re- cluding buildings, structures, and equip- playing field for qualified individuals sponsibilities to prevent manipulation, ment. from the private sector who are inter- prohibit fraud, maintain financial in- (c) REVERSIONARY INTEREST OF UNITED ested in entering the civil service is a tegrity, and encourage innovation in STATES.—All right, title, and interest in worthy endeavor, Mr. President, and the Nation’s futures and commodity property described in subsection (b) shall re- one of the primary objectives of this options markets through regulation vert to the United States if the property proposal. By offering this legislation, I and oversight. This legislation provides ceases to be used as part of the State of Ar- am also continuing my efforts to make assurance to the national and inter- kansas fish culture program. The State of Arkansas shall ensure that the property re- the Congress abide by the same rules national financial markets of the con- verting to the United States is in substan- that our constituents live by. tinuing authority of the CFTC, contin- tially the same or better condition as the Let me say that while I want to ues the CFTC’s responsibilities under time of the transfer. swiftly repeal the Ramspeck Act, I do existing law, gives adequate time to not want to act in a manner that has a complete implementation of the exten- By Mr. MCCAIN: partisan or punitive impact. This pro- sive amendments included in the Fu- S. 177. A bill to repeal the Ramspeck posal would have no impact on any tures Trading Practices Act of 1992 Act; to the Committee on Govern- former Senate or House employees who [FTPA] and allows time for reviews of mental Affairs. lost their jobs in the November 1994 the effects of that implementation. THE RAMSPECK REPEAL ACT OF 1995 election. I recognize that while the re- The CFTC was established by the Com- ∑ Mr. MCCAIN. Mr. President, I intro- sults of this November’s election modity Futures Trading Commission duce the Ramspeck Repeal Act, which caused a large number of involuntary Act of 1974 as a sunset agency, and its would terminate the Ramspeck Act job losses among Democratic legisla- authority must be regularly extended after a 2-year period. I believe the tive employees, and many of them may by Congress. The FTPA authorized the Ramspeck Act is obsolete and unfair, currently be trying to utilize the agency for a period of only 2 years and and the time has come to do away with Ramspeck Act to secure a civil service the CFTC now operates under author- it. position. Clearly, Republican legisla- ity granted by Congress through the A description of the Ramspeck Act tive branch employees have utilized appropriations process, a deficiency will quickly outline why I think it is their eligibility under the Ramspeck this bill will correct. unnecessary and unjustified. Signed Act to seek civil service jobs after The CFTC’s task of overseeing and into law in 1940, the Ramspeck Act pro- other elections, as well. regulating a rapidly expanding futures vides exclusive privileges to former I strongly believe that the Ramspeck industry has been, is, and will be enor- legislative and judicial branch employ- Act affords unfair employment privi- mous. The volume of commodity fu- ees to secure career civil service posi- leges for both Republicans and Demo- tures and options contracts traded on tions with the Federal Government. crats alike, to the detriment of their the Nation’s commodity exchanges, or The Ramspeck Act makes a special ex- fellow citizens who may not have had designated contract markets, for 1994 ception to certain competitive require- the opportunity to work in the legisla- exceeded half-a-billion transactions. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 655 These transactions directly or indi- CFTC has been addressing this prob- The committee intends to commence rectly effect the financial well being of lem. Reauthorization will give these hearings in the near future to review family farms, corporations, financial new markets the confidence that the the CFTC’s progress in implementing institutions, traders, and millions of process will go forward in a orderly FTPA. Enactment of this legislation individuals through pooled invest- way. will assure orderly implementation of ments. All of this trading is carried out While the markets overseen by the FTPA and assure industry partici- within a self-regulatory framework CFTC have grown immensely in vol- pants, commerce generally and the overseen and supplemented by the ume, variety of products, and diversity public of continued oversight of this CFTC, an agency of less then 600 em- of users, the importance of futures vital sector of the American economy. ployees. trading to agriculture cannot be over- Mr. President, I ask unanimous con- The futures industry is an essential stated. The development of futures sent that the full text of the bill I am part of our Nation’s financial markets trading allowed farmers to mitigate introducing today be printed in the and the CFTC is an essential player in the boom and bust cycle of prices for RECORD. the federal regulation of those mar- their crops through intelligent market- There being no objection, the bill was kets. President Bush recognized the ing. Today futures trading is an inte- ordered to be printed in the RECORD, as role of the CFTC in establishing the gral part of pricing and risk manage- follows: President’s Working Group on Finan- ment for U.S. agriculture. The volume cial Markets, in the wake of the Octo- of exchange traded futures and com- S. 178 ber 1987 stock market collapse, which modity options contracts on U.S. com- Be it enacted by the Senate and House of Rep- included the Secretary of the Treasury, modity exchanges totalled over 58 mil- resentatives of the United States of America in the Chairman of the Federal Reserve lion transactions in 1994. This trading Congress assembled, Board of Governors, the Chairman of affected not only the market partici- SECTION 1. SHORT TITLE. the Securities and Exchange Commis- pants, but ultimately all producers, This Act may be cited as the ‘‘CFTC Reau- sion, and the Chairman of the CFTC. processors, merchandisers and consum- thorization Act of 1995’’. Former Secretary of the Treasury ers of agricultural products with prices SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Bentsen reactivated the Working affected by exchange trading. As the Section 12(d) of the Commodity Exchange Group and the Chairman of the CFTC Congress reviews the current Federal Act (7 U.S.C. 16(d)) is amended to read as fol- remains an active and vital participant commodity programs through hear- lows: in its efforts. Reauthorization of the ings, and debates on the 1995 farm bill, ‘‘(d) There are authorized to be appro- CFTC will express congressional intent the pricing and risk shifting functions priated such sums as are necessary to carry that the agency continue its role as a of the futures markets may take on out this Act for each of fiscal years 1995 member of this group. even more importance as we reconsider through 2000.’’.∑ The volume of exchange traded fu- the role of the Federal Government in tures and commodity options contracts stabilizing prices and assuming price By Mr. ROTH: and the increased importance of this risks in agriculture. As we take on this S. 179. A bill to amend the Immigra- trading to all sectors of the financial task, we need to assure ourselves that tion and Nationality Act to facilitate markets is not confined to the United the futures markets are operated ap- the apprehension, detention, and depor- States. New markets are developing in propriately and are properly overseen. tation of criminal aliens, and for other other nations around the world and Finally, after 4 years of hearings, de- purposes; to the Committee on the Ju- governments of those countries are bate, and consideration the Congress diciary. grappling with regulatory issues. The passed FTPA. The law addressed not THE CRIMINAL ALIEN CONTROL ACT OF 1995 CFTC has taken a leading role in deal- only the tremendous growth in volume, ing with these governments on a vari- ∑ Mr. ROTH. Mr. President, today I am variety of products, internationaliza- introducing the Criminal Alien Control ety of futures related matters. Reau- tion, and complexity issues discussed thorization will assist the CFTC in its Act of 1995. This comprehensive legisla- above; but also concerns about the tion addresses a problem that has dealings with these governments. This interrelationship of the futures and se- is an area of increasing importance as reached staggering proportions in this curities markets in the wake of the Oc- country: criminal aliens. our financial markets compete with tober 1987 stock market collapse, overseas markets to attract and serve Without question, there are many fraudulent trading practices by numer- problems with our Nation’s immigra- customers around the world. ous individuals on the Nation’s ex- Along with increasing volume, con- tion system. I hope that this is the changes as disclosed by FBI undercover year we undertake comprehensive im- nections with other financial indus- operations and CFTC investigations, tries, and internationalization, the in- migration reform, including changing and the negative effect on soybean the much-abused asylum process. But creasing complexity of financial trans- prices precipitated by an exchange actions is a challenge facing the CFTC. we cannot effectively reform our immi- emergency action that angered many gration system without addressing the The financial industry is now able to producers. The Congress granted the construct a bewildering array of in- problem of criminal aliens. CFTC new authorities to address these struments to serve the investment, or The problem of criminal aliens occu- issues. Further, the Congress directed risk management needs of their cus- pies the dangerous intersection of the agency to undertake numerous tomers. crime and the control of our Nation’s rulemakings and studies to implement Often these instruments are lumped borders, two issues of great concern to the requirements of FTPA. That law together under the term ‘‘derivatives.’’ the American people. I hope we can all amended the Commodity Exchange Act Exchange traded futures contracts gov- agree that there is no place in this to: erned by the requirements of Federal country for people who come here and law since 1922 and overseen by the Improve the regulation of futures and op- commit serious crimes. Criminals are CFTC since 1974 are certainly one form tions traded under rules and regulations of one commodity we do not need to im- the Commodity Futures Trading Commis- port. of derivatives, since their value is de- sion; to establish registration standards for rived from the value of an underlying all exchange floor traders; to restrict prac- Last Congress, as ranking minority commodity. Development of the over tices that may lead to the abuse of outside member of the Permanent Subcommit- the counter instruments knows as de- customers of the marketplace; to reinforce tee on Investigations, I conducted an rivatives led to the question whether development of exchange audit trails to bet- investigation and held 2 days of hear- they were the economic or legal ter enable the detection and prevention of ings on the problem of criminal aliens equivalents of futures contracts. Since such practices; to establish higher standards and the governmental response to that prior to FTPA, Federal law required all for service on governing boards and discipli- problem. Our investigation found that futures trading to occur on organized nary committees of self-regulatory organiza- criminal aliens are a serious threat to tions; to enhance the international regula- exchanges, this led to legal uncertainty tion of futures trading; to regularize the our public safety that is costing our in the now huge derivatives market. process of authorizing appropriations for the criminal justice system hundreds of Using the broad exemptive authority Commodity Futures Trading Commission; millions of dollars. And the problem is granted by Congress in FTPA, the and for other purposes. . . . getting worse by leaps and bounds. S 656 CONGRESSIONAL RECORD — SENATE January 9, 1995 Criminal aliens now account for an crimes for which criminal aliens are Sec. 104. Uncontested deportations. all-time high of 25 percent of the Fed- deportable. Under my legislation, any Sec. 105. Restricting defenses to deportation eral prison population and are, by far, alien who commits any felony is de- for certain criminal aliens. the fastest growing segment of the portable—period. Sec. 106. Extraterritorial appeals by crimi- nal aliens. Federal prison population. Throughout My legislation streamlines the depor- Sec. 107. Collateral attacks on underlying our Nation’s criminal justice system, tation process for criminal aliens by, deportation order. there are an estimated 450,000 criminal among other things, requiring aliens Sec. 108. Restriction on asylum for criminal aliens—a staggering number. who are not permanent residents and aliens. Although our investigation found who wish to appeal deportation orders, Sec. 109. Federal incarceration. that the Immigration and Naturaliza- to do so from their home countries, Sec. 110. Form of deportation hearings. tion Service is not adequately respond- after they have been deported. My leg- Sec. 111. Construction of expedited deporta- ing to the criminal alien problem, the islation further streamlines the process tion requirements. INS does not deserve all of the blame. by allowing States and Federal judges TITLE II—LOCAL COOPERATION WITH In fact, when it comes to criminal to order the deportation of criminal FEDERAL OFFICIALS AND PROCEDURES aliens, there is plenty of blame to go aliens. Once an alien has been con- Sec. 201. Funding based on cooperation. around and we in Congress are not im- victed beyond a reasonable doubt of Sec. 202. Production of criminal records. mune. Congress deserves blame because having committed a felony, having had TITLE III—MISCELLANEOUS our Federal criminal alien deportation the benefit of all the due process that Sec. 301. Detention of undocumented crimi- laws, created on a piecemeal and patch- is required in our criminal justice sys- nal aliens at military installa- work basis, set out an irrational, tem, there is no reason why the sen- tions to be closed. tencing judge should not also be per- Sec. 302. Authorizing registration of aliens lengthy and overly complex process on criminal probation or crimi- that prevents us from deporting crimi- mitted to enter an order of deportation nal parole. nals as rapidly as we should be. at the time of sentencing. My legisla- Sec. 303. Admissible evidence before a spe- There are, however, many difficulties tion also restricts the defense cur- cial inquiry officer. with the INS that have exacerbated rently used by criminal aliens to delay TITLE I—DEPORTATION OF CRIMINAL this problem. For example, the INS is or avoid deportation. ALIENS unable to even identify most of the Also, as many of us know, certain SEC. 101. EQUAL IMMIGRATION TREATMENT TO criminal aliens who clog our State and State and local governments have been ALL ALIEN FELONS. local jails before these criminals are highly critical of what they see as the (a) FELONIES.—(1) Sections 101(f) (8 U.S.C. released onto our streets. Also, many Federal Government’s inability to ef- 1101(f)); 106(a) (8 U.S.C. 1105a(a)); 208(d) (8 criminal aliens, having been identified, fectively police our Nation’s borders. U.S.C. 1158(d)); 212(a)(6)(B) (8 U.S.C. are released on bond while the lengthy Yet, some of these same jurisdictions 1182(a)(6)(B)); 236(e)(i) (8 U.S.C. 1226(e)(i)); deportation process is pending. It have passed laws and adopted official 241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)); 242 (8 policies prohibiting their local police U.S.C. 1252(a)); 242A(d) (8 U.S.C. 1252a); should be a surprise to no one that 242B(c) (8 U.S.C. 1252b(c)); 243(h) (8 U.S.C. many skip bond and never show up for departments and other employees from 1253(h)); 244(e) (8 U.S.C. 1254(e)); and 277 (8 their deportation hearings. cooperating with Federal immigration U.S.C. 1327) are amended by striking ‘‘aggra- One thing the IRS does is routinely officials. I think that is hypocritical. I vated felony’’, ‘‘an aggravated felony’’, and provide criminal aliens with work per- offered an amendment to the crime bill ‘‘aggravated felonies’’ each place they ap- mits legally allowing them to get jobs last year that was adopted 93–6 that pear and inserting in lieu thereof ‘‘felony’’, while their appeals are pending. One would cut crime bill funding to local ‘‘a felony’’, or ‘‘felonies’’, respectively. INS deportation officer told my staff entities that adopt such policies of (2) Section 101(a) of the Immigration and noncooperation, but my amendment Nationality Act (8 U.S.C. 1101(a)) is amended that he spends only about 5 percent of by adding at the end the following new para- his time looking for criminal aliens be- was dropped in conference. A similar graph: cause he must spend most of his time provision is included in this legisla- ‘‘(47) The term ‘felony’ means any offense processing their work permits. tion. under Federal or State law that is punish- As for actual deportation, the final Through this comprehensive legisla- able by death or imprisonment for more than step in the process, criminal aliens tion, I believe we can begin to effec- 1 year.’’. often are not actually deported even tively address the growing serious (b) PRECLUSION OF JUDICIAL REVIEW.—Sec- when deportation orders have been is- problem of criminal aliens in this tion 106(c) of the Immigration and National- country. I believe this is an essential ity Act (8 U.S.C. 1105a(c)) is amended— sued for them. According to the INS, (1) by inserting ‘‘(1)’’ immediately after there are more than 27,000 aliens, in- step on the road to meaningful reform ‘‘(c)’’; and cluding many criminal aliens, who of our Nation’s immigration system (2) by adding at the end the following: have been ordered deported yet remain and I urge my colleagues to support ‘‘(2) An order of deportation or of exclusion at large. It is no wonder that one frus- this important measure. shall not be reviewed by any court of the trated INS official told us that only Mr. President, I ask unanimous con- United States if the grounds for such order is the stupid and honest actually get de- sent that the bill be printed in the the commission of a felony by the alien, ex- cept that the Attorney General may defer ported. RECORD. There being no objection, the bill was deportation or exclusion of the alien pending Perhaps the ultimate indictment of judicial review if the Attorney General de- the current system is that even on ordered to be printed in the RECORD, as termines that to do otherwise would cause those rare occasions when the system follows: hardship to the alien.’’. actually works and a criminal alien is S. 179 SEC. 102. DEPORTATION PROCEDURES FOR CER- deported, reentry into the United Be it enacted by the Senate and House of Rep- TAIN CRIMINAL ALIENS. States is so easy that it makes the resentatives of the United States of America in (a) IN GENERAL.—Section 242A(a) of the Im- whole process appear to be a giant ex- Congress assembled, migration and Nationality Act (8 U.S.C. ercise in futility. The subcommittee SECTION 1. SHORT TITLE. 1252a(a)) is amended— obtained long lists of criminal aliens This Act may be cited as the ‘‘Criminal (1) in paragraph (1), by inserting ‘‘perma- nent resident’’ after ‘‘correctional facilities who have repeatedly been deported Alien Control Act of 1995’’. SEC. 2. TABLE OF CONTENTS. for’’; only to reenter the country illegally (2) in paragraph (2) by striking ‘‘respect to The following is the table of contents for and commit more crimes. an’’ and inserting ‘‘respect to a permanent this Act: My legislation addresses the serious resident’’; and problem posed by criminal aliens by Sec. 1. Short title. (3) in paragraph 3, by inserting ‘‘permanent Sec. 2. Table of contents. simplifying, streamlining and resident’’ after ‘‘in the case of any’’. strengthening the deportation process TITLE I—DEPORTATION OF CRIMINAL (b) DEPORTATION OF ALIENS WHO ARE NOT ALIENS for these aliens who have been con- PERMANENT RESIDENTS.—Section 242A(b)(1) Sec. 101. Equal immigration treatment to of such Act is amended by striking ‘‘Attor- victed of committing crimes in this all alien felons. ney General may’’ and inserting ‘‘Attorney country. Sec. 102. Deportation procedures for certain General shall’’. My legislation simplifies existing law criminal aliens. (c) PRESUMPTION OF DEPORTABILITY.—Sec- by eliminating the confusing array of Sec. 103. Judicial deportation. tion 242A of such Act (8 U.S.C. 1252a) is January 9, 1995 CONGRESSIONAL RECORD — SENATE S 657 amended by adding at the end the following ‘‘(ii) Except as provided in clause (iii), such (1) in the third sentence, by striking ‘‘has new subsection: appeal shall be considered consistent with served for such felony or felonies’’ and all ‘‘(d) PRESUMPTION OF DEPORTABILITY.—An the requirements described in section 106. that follows through the period and inserting alien convicted of an aggravated felony shall ‘‘(iii) Upon execution by the defendant of a ‘‘has been sentenced for such felony or felo- be conclusively presumed to be deportable valid waiver of the right to appeal the con- nies to a term of imprisonment of at least 5 from the United States.’’. viction on which the order of deportation is years, if the time for appealing such convic- (d) LIMITED JUDICIAL REVIEW.—Section based, the expiration of the period described tion or sentence has expired and the sen- 106(d) of the Immigration and Nationality in section 106(a)(1), or the final dismissal of tence has become final;’’; and Act (8 U.S.C. 1105a) is amended to read as fol- an appeal from such conviction, the order of (2) by adding at the end the following new lows: deportation shall become final and shall be sentence: ‘‘For purposes of calculating the ‘‘(d) Notwithstanding subsection (c), a peti- executed at the end of the prison term in ac- period of seven consecutive years under this tion for review or for habeas corpus on behalf cordance with the term of the order. subsection, any period of imprisonment of of an alien described in section 242A(c) may ‘‘(B) As soon as is practicable after entry the alien by Federal, State, or local authori- only challenge whether the alien is in fact an of a judicial order of deportation by a United ties shall be excluded but shall not be consid- alien described in such section, and no court States court, the Attorney General shall pro- ered to have broken the continuity of the pe- shall have jurisdiction to review any other vide the defendant with written notice of the riod.’’. issue.’’. order of deportation, which shall designate (b) DEFENSES BASED ON WITHHOLDING OF the defendant’s country of choice for depor- (e) EFFECTIVE DATE.—The amendments DEPORTATION.—Section 243(h)(2) of the Immi- tation and any alternate country pursuant made by this section shall apply to all aliens gration and Nationality Act (8 U.S.C. to section 243(a). against whom deportation proceedings are 1253(h)(2)) is amended— ‘‘(C) As soon as is practicable after entry of initiated after the date of enactment of this (1) by striking ‘‘or’’ at the end of subpara- a judicial order of deportation by a State Act. graph (C); court, the State court shall notify the Attor- (2) by striking the period at the end of sub- SEC. 103. JUDICIAL DEPORTATION. ney General of the order. Upon the termi- paragraph (D) and inserting ‘‘; or’’; and (a) JUDICIAL DEPORTATION.—Section 242A of nation of imprisonment of the alien, the (3) by striking the final sentence and in- the Immigration and Nationality Act (8 State shall remand the alien to the custody serting the following new subparagraph: U.S.C. 1252a) is amended by adding at the end of the Attorney General. The Attorney Gen- ‘‘(E) the alien has been convicted of a fel- the following new subsection: eral shall effect the deportation of the alien ony.’’; and ‘‘(c) JUDICIAL DEPORTATION.— in the manner prescribed in this Act with re- spect to final orders of deportation. SEC. 106. EXTRATERRITORIAL APPEALS BY ‘‘(1) AUTHORITY.—Notwithstanding any CRIMINAL ALIENS. ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of other provision of this Act, a United States Section 106 of the Immigration and Nation- a request for a judicial order of deportation district court or a State court shall have ju- ality Act (8 U.S.C. 1105a) is amended by add- shall not preclude the Attorney General risdiction to enter a judicial order of depor- ing at the end the following new subsection: from initiating deportation proceedings pur- tation at the time of sentencing against an ‘‘(e)(1) In the case of any alien found to be suant to section 242 upon the same ground of alien whose criminal conviction causes such deportability or upon any other ground of deportable under section 242(a)(2), the Attor- alien to be deportable under section deportability provided under section 241(a). ney General may not defer deportation of the 241(a)(2)(A)(iii) (relating to conviction of a Any denial of a judicial order of deportation alien and shall, after issuance of the deporta- felony). shall include a statement in writing stating tion order, take the alien into custody until ‘‘(2) PROCEDURE.—(A) The United States the reasons for the denial. the alien is deported. Attorney or, in the case of a proceeding be- ‘‘(2) Any court of the United States shall ‘‘(5) DEFINITION.—For purposes of this sub- fore a State court, the State’s attorney gen- section, the term ‘State’ refers to any of the have jurisdiction to review an order of depor- eral, shall provide notice of intent to request several States and the District of Colum- tation issued under paragraph (1) in any case judicial deportation promptly after the entry bia.’’. where the petitioner for review is outside the in the record of an adjudication of guilt or (b) TECHNICAL AND CONFORMING CHANGES.— United States. Any alien for whom an order guilty plea. Such notice shall be provided to The ninth sentence of section 242(b) of the of deportation has been vacated under this the court, to the alien, to the alien’s counsel Immigration and Nationality Act (8 U.S.C. paragraph shall be issued a valid visa and ad- of record, and to the Commissioner. 1252(b)) is amended by striking out ‘‘The’’ mitted to the United States to the status ‘‘(B) Notwithstanding section 242B— and inserting in lieu thereof ‘‘Except as pro- held by the alien before deportation.’’. ‘‘(i) in the case of a proceeding before a vided in section 242A(c), the’’. SEC. 107. COLLATERAL ATTACKS ON UNDERLY- United States court, the United States At- (c) EFFECTIVE DATE.—The amendments ING DEPORTATION ORDER. torney, with the concurrence of the Commis- made by this section shall apply to all aliens Section 276 of the Immigration and Nation- sioner, or whose adjudication of guilt or guilty plea is ality Act (8 U.S.C. 1326) is amended by add- ‘‘(ii) in the case of a proceeding before a entered in the record after the date of enact- ing at the end the following new subsection: State court, the State’s attorney general, ment of this Act. ‘‘(c) In any criminal proceeding under this shall, at least 20 days before the date set for SEC. 104. UNCONTESTED DEPORTATIONS. section, no alien may challenge the validity sentencing, file a charge containing factual Section 242B of the Immigration and Na- of the deportation order described in sub- allegations regarding the alienage of the de- tionality Act (8 U.S.C. 1252b) is amended— section (a)(1) or subsection (b).’’. fendant and satisfaction by the defendant of (1) in subsection (a)(1), by adding at the SEC. 108. RESTRICTION ON ASYLUM FOR CRIMI- the definition of felony. end the following new subparagraph: NAL ALIENS. ‘‘(C) If the court determines that the de- ‘‘(G) The right of an alien deportable under (a) IN GENERAL.—Section 208 of the Immi- fendant has presented substantial evidence section 241(a)(2) to execute a deportation af- gration and Nationality Act (8 U.S.C. 1158) is to establish prima facie eligibility for relief fidavit pursuant to subsection (f) in lieu of amended by adding at the end the following from deportation under section 212(c), the deportation proceedings.’’; new subsections: court shall request the Attorney General to (2) by redesignating subsection (f) as sub- ‘‘(f) Notwithstanding subsection (a), an provide the court with a recommendation section (g); and alien may only be granted asylum under this and report regarding the alien’s eligibility (3) by inserting after subsection (e) the fol- section if the alien claims asylum within 15 for relief under such section. The court shall lowing: days of the alien’s entry into the United either grant or deny the relief sought. ‘‘(f) DEPORTATION AFFIDAVIT.—In lieu of a States, unless the alien establishes by clear ‘‘(D)(i) The alien shall have a reasonable determination of deportability in a proceed- and convincing evidence that since the date opportunity to examine the evidence against ing before a special inquiry officer, an alien of entry into the United States cir- him or her, to present evidence on his or her may elect to admit deportability under sec- cumstances have changed in the alien’s own behalf, and to cross-examine witnesses tion 241(a)(2) through the execution of an af- country of nationality (or, in the case of a presented by the Government. fidavit witnessed by such an officer and a no- person having no nationality, the country in ‘‘(ii) The court, for the purposes of deter- tary public. A special inquiry officer shall which such alien last habitually resided) mining whether to enter an order described make a determination of deportability under such that, if the alien returned to the coun- in paragraph (1), shall only consider evidence this subsection based solely on the affidavit try, it is more likely than not that the alien that would be admissible in proceedings con- and, if he finds the alien deportable, shall would be arrested or incarcerated or the ducted pursuant to section 242(b). issue an order of deportation with respect to alien’s life would be threatened in such coun- ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU- that alien.’’. try on account of race, religion, nationality, DICIAL ORDER OF DEPORTATION.—(A)(i) A judi- SEC. 105. RESTRICTING DEFENSES TO DEPORTA- membership in a particular social group, or cial order of deportation or denial of such TION FOR CERTAIN CRIMINAL political opinion. order may be appealed by either party to the ALIENS. ‘‘(g) An alien is not eligible for asylum court of appeals for the circuit in which the (a) DEFENSES BASED ON SEVEN YEARS OF under this section if the Attorney General United States district court is located or to PERMANENT RESIDENCE.—Section 212(c) of the determines that— the appropriate State court of appeals, as Immigration and Nationality Act (8 U.S.C. ‘‘(1) the alien ordered, incited, assisted, or the case may be. 1182(c)) is amended— otherwise participated in the persecution of S 658 CONGRESSIONAL RECORD — SENATE January 9, 1995 any person on account of race, religion, na- tices, and their impact on the enforcement of Federal Regulations, as in effect on the date tionality, membership in a particular social the immigration laws. of enactment of this Act, may be admissible group, or political opinion; (c) FUNDING BASED ON COOPERATION.—No as evidence of a criminal conviction.∑ ‘‘(2) the alien, having been convicted by a State or local government or agency which final judgment of a particularly serious has been identified in the Attorney General’s By Mr. KENNEDY (for himself, crime, constitutes a danger to the commu- report required by subsection (b), which has nity of the United States; a policy or practice of refusing to cooperate Mr. SIMON, and Mr. DODD): ‘‘(3) there are serious reasons for believing with the Immigration and Naturalization S. 180. A bill to streamline and re- that the alien has committed a serious non- Service regarding the identification, loca- form Federal job training programs to political crime outside the United States tion, arrest, prosecution, detention, or de- create a world-class work force devel- prior to the arrival of the alien in the United portation of aliens who are not lawfully opment system for the 21st century, States; present in the United States, shall be eligible and for other purposes; to the Commit- ‘‘(4) there are reasonable grounds for re- for any Federal funds from appropriations tee on Labor and Human Resources. garding the alien as a danger to the security made pursuant to a provision of the Violent of the United States; or Crime Control and Law Enforcement Act of THE WORKFORCE DEVELOPMENT ACT ‘‘(5) a country willing to accept the alien 1994 or of an amendment made by authoriz- has been identified (other than the country Mr. KENNEDY. Mr. President, today ing appropriations, as long as such policy or I am introducing the Workforce Devel- described in subsection (f)) to which the practice remains in effect. opment Act. This bill is a complement alien can be deported or returned and the SEC. 202. PRODUCTION OF CRIMINAL RECORDS. alien does not establish that it is more likely Section 503(a)(11) of the Omnibus Crime to S. 6, the Working Americans Oppor- than not that the alien would be arrested or Control and Safe Streets Act of 1968 (42 tunity Act, which was introduced on incarcerated or the alien’s life would be U.S.C. 3753(a)) is amended by inserting ‘‘or the first day of this Congress by Sen- threatened in such country on account of any political subdivision thereof’’ after ator DASCHLE, Senator BREAUX, other race, religion, nationality, membership in a ‘‘State’’ the second, third, and fourth occur- particular social group, or political opinion. Senators, and myself. rence thereof. One of our top priorities for this ses- For purposes of paragraph (2), an alien who TITLE III—MISCELLANEOUS has been convicted of a felony shall be con- sion is to modernize the current con- sidered to have committed a particularly se- SEC. 301. DETENTION OF UNDOCUMENTED fusing and overlapping array of job rious crime. The Attorney General shall pre- CRIMINAL ALIENS AT MILITARY IN- training programs. In today’s rapidly STALLATIONS TO BE CLOSED. scribe regulations that specify additional changing economy, we must provide (a) IN GENERAL.—(1) Notwithstanding any crimes that will be considered to be a crime more effective opportunities for work- described in paragraph (2) or (3).’’. other provision of law, the Secretary of De- fense shall make available to the Attorney ers to upgrade their skills and improve (b) CONFORMING AMENDMENT.—Section 208(a) of such Act (8 U.S.C. 1158(a)) is amend- General for the purpose referred to in para- their earning power over the course of ed by inserting ‘‘, except as provided in sub- graph (2) any military installation of the De- their careers. section (g),’’ after ‘‘asylum, and’’. partment of Defense that— Compared to other major industrial (A) is approved for closure under a base SEC. 109. FEDERAL INCARCERATION. nations, the United States is still in closure law; and Section 242(j)(1)(B) of the Immigration and the Dark Ages of enabling workers and (B) is jointly determined by the Secretary Nationality Act (8 U.S.C. 1252(j)) is amended and the Attorney General to be an appro- firms to adjust to changes taking place by inserting ‘‘for a determinate term of im- in the economy. The policy foundations prisonment’’ after ‘‘the alien’’. priate facility for the detention of undocu- mented aliens. for our current job training system was SEC. 110. FORM OF DEPORTATION HEARINGS. (2) The Attorney General shall use facili- established during the years of the New Section 242(b) of the Immigration and Na- ties made available to the Attorney General tionality Act (8 U.S.C. 1252(b)) is amended by Deal, the New Frontier, and the Great under this paragraph for the detention of un- Society. inserting after the second sentence the fol- documented criminal aliens. lowing new sentence: ‘‘Nothing in the pre- The primary challenge that most of (b) DEFINITIONS.—In this section: our current programs were designed to ceding sentence precludes the Attorney Gen- (1) The term ‘‘approved for closure under a eral from authorizing proceedings by elec- base closure law’’, in the case of a military address was to help various hard-to- tronic or telephonic media (with or without installation, means any installation whose serve groups to enter the labor force. the consent of the alien) or, where waived or closure under a base closure law is rec- Many of these programs—such as the agreed to by the parties, in the absence of ommended by the President and not dis- Job Corps—have been very successful. the alien.’’. approved by Congress in accordance with the Over the years millions of economi- SEC. 111. CONSTRUCTION OF EXPEDITED DEPOR- provisions of such law. cally disadvantaged individuals have TATION REQUIREMENTS. (2) The term ‘‘base closure law’’ means the No amendment made by this Act may be benefitted. following: As we move forward with new ideas construed to create any substantive or pro- (A) The Defense Base Closure and Realign- cedural right or benefit that is legally en- ment Act of 1990 (part A of title XXIX of to modernize our job training system forceable by any party against the United Public Law 102–510; 10 U.S.C. 2687 note). we must not retreat from the commit- States, its agencies or officers, or against (B) Title II of the Defense Authorization ment to provide the basic skills and any other person. Amendments and Base Closure and Realign- support services which make it possible TITLE II—LOCAL COOPERATION WITH ment Act (Public Law 100–526; 10 U.S.C. 2687 for large numbers of disadvantaged FEDERAL OFFICIALS AND PROCEDURES note). Americans to achieve self-sufficiency SEC. 201. FUNDING BASED ON COOPERATION. (3) The term ‘‘undocumented criminal in the labor market. (a) STATE AND LOCAL COOPERATION.—Not- alien’’ means an alien who— At the same time, we also need to re- withstanding any law, ordinance, or regula- (A) has been convicted of a felony and sen- tion of any State or subdivision thereof to tenced to a term of imprisonment, and spond to the new and powerful eco- the contrary, officials of any State or local (B)(i) entered the United States without nomic forces which are disrupting the government or agency, upon the request of inspection or at any time or place other than existing labor markets for millions of any duly authorized official of the Immigra- as designated by the Attorney General, or working Americans and their families. tion and Naturalization Service, shall pro- (ii) was the subject of exclusion or deporta- As a result of increased international vide information regarding the identifica- tion proceedings at the time he or she was competition, rapid technological tion, location, arrest, prosecution, detention, taken into custody by the State. change, reductions in defense spending, and deportation of an alien or aliens who are SEC. 302. AUTHORIZING REGISTRATION OF and the re-engineering and down-sizing not lawfully present in the United States. ALIENS ON CRIMINAL PROBATION (b) REPORT.—Not later than 6 months after OR CRIMINAL PAROLE. of corporations, many men and women the date of enactment of this Act, the Attor- Section 263(a) of the Immigration and Na- already in the labor force must be re- ney General and the Commissioner of Immi- tionality Act (8 U.S.C. 1303(a)) is amended by trained to improve their skills and en- gration and Naturalization shall jointly re- striking ‘‘and (5)’’ and inserting ‘‘(5) aliens able them to continue to productive ca- port to the Congress and the President on who are or have been on criminal probation reers. In the evolving modern economy, the extent to which State and local govern- or criminal parole within the United States, this kind of retraining may be needed ments are not cooperating with the Immi- and (6)’’. more than once, and often several gration and Naturalization Service. This re- SEC. 303. ADMISSIBLE EVIDENCE BEFORE A SPE- times, over the course of people’s ca- port shall identify any State or local govern- CIAL INQUIRY OFFICER. ments that have adopted laws, policies, or In any proceeding under the Immigration reers. practices of noncooperation with the Immi- and Nationality Act before a special inquiry We also must respond to the concerns gration and Naturalization Service, the spe- officer, such documents and records as are of the large numbers of two-income cific nature of those laws, policies or prac- described in section 3.41 of title 8, Code of families, and families with single heads January 9, 1995 CONGRESSIONAL RECORD — SENATE S 659 of household who face the difficult ors, and leaders in education. It is time S. 180 challenge of balancing work and family to apply that same sense of shared pur- Be it enacted by the Senate and House of Rep- responsibilities. We need a more flexi- pose to making all our job training resentatives of the United States of America in ble job training and employment sys- programs more responsive to the needs Congress assembled, tem that can help the breadwinners in of job seekers and workers struggling SECTION 1. SHORT TITLE; TABLE OF CONTENTS. working families to move in and out of to be competitive in our modern econ- (a) SHORT TITLE.—This Act may be cited as the labor force without losing their the ‘‘Workforce Development Act’’. omy. (b) TABLE OF CONTENTS.—The table of con- earning power. The legislation I am introducing Over the past decade, many private tents for this Act is as follows: today grew out of discussions with businesses have taken steps to stream- Sec. 1. Short title; table of contents. Members of Congress on both sides of line their operations to deal with the Sec. 2. Findings and purpose. the aisle in the 103d Congress and with Sec. 3. Authorization of appropriations. profound changes taking place in our Sec. 4. Definitions. economy. It is clearly time for the Fed- the Clinton administration. It also draws on the innovative steps being TITLE I—STREAMLINING AND eral Government to act as well to con- CONSOLIDATION solidate and coordinate current job taken in Massachusetts to meet this Sec. 101. Purpose; findings; sense of the Con- training programs in order to give challenge and to define the proper role of the private and public sectors and gress. workers a greater opportunity to suc- Sec. 102. Elimination of certain programs. ceed. It is time for a comprehensive Federal, State, and local governments Sec. 103. Streamlining and integration of overhaul of Federal job training policy. in work force policy. adult training programs. The Workforce Development Act I am In addition to streamlining and re- Sec. 104. Process for establishing 21st cen- introducing provides action to stream- forming Federal job training programs, tury workforce development line and reform current policy. It en- this legislation will repeal duplicative system. Sec. 105. Centralized waivers. courages the States to experiment with or outmoded programs, and encourage new approaches to make their own job States and communities to rationalize TITLE II—MARKET BUILDING ACTIVITIES training programs more responsive to many others. Subtitle A—Federal Level Activities the real needs of working families. These efforts will give flexibility to A key element of both the Workforce the States to test ways that vouchers Sec. 201. Purpose. Development Act and S. 6, the Working Sec. 202. National Workforce Development can best be implemented to help work- Board. Americans Opportunity Act introduced ers navigate or circumvent the exces- earlier this week, is the idea of making Sec. 203. Mechanisms for building high qual- sive bureaucracy that now exists. One- ity integrated workforce devel- vouchers available to workers, so that stop career centers will be established opment systems. they can purchase the training pro- to ensure that workers have an oppor- Sec. 204. Quality assurance system. grams of their choice. President Clin- Subtitle B—State Level Activities ton is right in proposing vouchers as a tunity to make effective use of these vouchers. A new information system Sec. 211. State Workforce Development means to enable market forces to help Councils. transform the current excessively bu- will produce reports on the effective- ness of training programs. All of the Sec. 212. Membership. reaucratic programs into a more effec- Sec. 213. Chairperson. tive system driven by the real needs of activities authorized by this act will be Sec. 214. Duties and responsibilities. workers, job seekers, and firms in com- paid for by cost savings achieved in ex- Sec. 215. Development of quality assurance munities across the country. isting programs. systems and consumer reports. Last year Senator KASSEBAUM and I The existing bureaucracy is unlikely Sec. 216. Administration. began to work together to devise a new to reform itself. The private sector, es- Sec. 217. Establishment of unified service pecially business, labor, and commu- delivery areas. strategy to create the type of work Sec. 218. Financial and management infor- force development system the Nation nity leaders, will have a key role in ad- mation systems. needs. In June we issued a joint state- vising the public sector on all aspects Sec. 219. Capacity building grants. ment on the Senate floor which laid of these reforms. Sec. 220. Performance standards for unified out a series of principles to guide this The Work Force Development Act service delivery areas. reform. Several other Senators joined also takes direct steps to assist current Subtitle C—Local Level Activities us at that time, and we subsequently workers. Assistance will be available to Sec. 231. Workforce development boards. received support from many other Sen- business and labor to upgrade the skills Sec. 232. Workforce development board pol- ators on both sides of the aisle. Over of adult workers and establish portable icy blueprint. the course of the summer and into last industry-based skill credentials to Sec. 233. Report card. fall we worked together to lay the Sec. 234. One-stop career centers. serve as a passport to succeed in the Sec. 235. Capacity building. groundwork for a bipartisan reform ef- labor market. TITLE III—ENHANCING INDIVIDUAL fort in the 104th Congress. Finally, the bill establishes a time- The Senate has a good record of bi- CHOICE THROUGH TRAINING ACCOUNTS table for further reform. By June 1, Sec. 301. Purpose. partisan accomplishment in the area of 1999 a national board must submit rec- work force development policy. When Sec. 302. Establishment. ommendations to the President and Sec. 303. Participation of workforce develop- the Republicans controlled this body in Congress. To ensure that Congress acts ment programs. the 1980’s, many of us worked closely on these recommendations, 20 separate Sec. 304. Administration. with Senator Dan Quayle to pass the programs with more than $4 billion in Sec. 305. Eligibility requirements for provid- Job Training Partnership Act, which ers of education and training funding will sunset September 30, 1999. established the principle of a strong services. I look forward to working closely private sector role at the local level in Sec. 306. Evaluation and recommendations. designing training programs for dis- with Senators on all aspects of these Sec. 307. Report relating to income support. advantaged and dislocated workers. fundamental issues. We need practical, TITLE IV—PRIVATE-PUBLIC LINKAGES Similarly, in the last session of Con- not partisan or ideological answers. Sec. 401. Purpose. gress, a bipartisan coalition of Sen- Most of all, we need a job training pol- Sec. 402. Incentives to encourage worker ators joined in passing the School-To- icy that can be for workers. I am hope- training. Work Act. Much of the foundation for ful that we can make landmark Sec. 403. Labor Day report on private-public training practices. this bill was laid by the landmark progress toward that goal in this ses- sion of Congress. Sec. 404. Matching grants to encourage in- ‘‘American choice’’ report issued in cumbent worker training. I ask unanimous consent that a sum- 1990 by a distinguished bipartisan com- TITLE V—INTEGRATED LABOR MARKET mission led by former Labor Secretar- mary of the bill and a copy of the bill INFORMATION SYSTEM be entered into the RECORD. ies Bill Brock and Ray Marshall. As a Sec. 501. Integrated labor market informa- result of this groundwork, the School- There being no objection, the mate- tion. To-Work Act earned broad support rial was ordered to be printed in the Sec. 502. Responsibilities of the National from business, labor, governors, may- RECORD, as follows: Board. S 660 CONGRESSIONAL RECORD — SENATE January 9, 1995 Sec. 503. Responsibilities of the Secretary. opment system needed for the economy of means any Federally-funded or State-funded Sec. 504. Responsibilities of Governors. the 21st century. program that provides job training assist- SEC. 2. FINDINGS AND PURPOSE. (b) PURPOSE.—It is the purpose of this ance to individuals or assists employers to (a) FINDINGS.—Congress finds that— Act— identify or train workers. (1) increasing international competition, (1) to take certain immediate actions, and (5) INTEGRATED WORKFORCE DEVELOPMENT technological advances, and structural to establish a process for bringing about SYSTEM; INTEGRATED SYSTEM.—The terms changes in the United States economy longer term improvements, that are needed ‘‘integrated workforce development system’’ present new challenges to private firms and to begin the transformation of Federally and ‘‘integrated system’’ mean the system of public policymakers in creating a skilled funded education and job training efforts employment, training, and employment-re- workforce with the ability to adapt to from a collection of fragmented programs lated education programs, including the pro- into a coherent, integrated, accountable change and technological progress; grams described in section 103(a) and any ad- workforce development system that— (2) the Federal Government should work ditional Federal or State programs des- (A) is based on the needs of jobseekers, with the private sector to create a stream- ignated by the Governor of a State, compris- workers, and employers, rather than bureau- lined, high-performance workforce develop- ing the system described in section 203(b). cratic requirements; ment system that is driven by the needs of (6) NATIONAL BOARD.—The term ‘‘National (B) is accessible to any jobseeker, worker, its customers rather than bureaucratic re- Board’’ means the National Workforce De- or employer; quirements; velopment Board established under section (C) focuses on accountability, performance, (3) such a system should actively encour- 202(b). and accurate information; (7) NATIONAL REPORT CARD.—The term ‘‘Na- age collaboration among private sector firms (D) provides flexibility and responsibility tional Report Card’’ means the Nation’s and publicly funded education and training to the States, and in turn to local commu- Workforce Development Report Card pre- efforts in order to assist jobseekers and nities, for design and implementation of pared pursuant to section 202(c)(1). workers to adjust to structural economic workforce development systems; (8) STATE COUNCIL.—The term ‘‘State Coun- changes; (E) requires the active involvement of (4) although it is necessary for the Federal firms and workers in the governance, design, cil’’ means a State Workforce Development Government to consolidate or eliminate un- and implementation of such system; Council established pursuant to section 211. necessary programs, the primary goal of (F) is linked directly to employment and (9) STATE BLUEPRINT.—The term ‘‘State Federal workforce development policy training opportunities in the private sector; Blueprint’’ means the State Workforce De- should be to help facilitate transactions tak- and velopment Policy Blueprint prepared pursu- ing place between jobseekers, workers, and (G) adopts best practices of quality admin- ant to section 214(a); business in local labor markets; istration and management that have been (10) STATE REPORT CARD.—The term ‘‘State (5) while the Federal Government must successful in the private sector; and Report Card’’ means the State Workforce De- maintain its commitment to provide eco- (2) to authorize appropriations under this velopment Report Card issued pursuant to nomically and educationally disadvantaged Act for fiscal year 1996 at the same level as section 214(b). individuals with skills and support services appropriations are authorized for fiscal year (11) WORKFORCE DEVELOPMENT BOARD.—The necessary to succeed in the labor market, 1995 for the programs repealed under section term ‘‘workforce development board’’ means Federal workforce development policy must 102(a). a local board established pursuant to section also begin to provide incentives to assist SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 202. firms to help upgrade the skills of their (a) IN GENERAL.—Subject to subsection (b), (12) UNIFIED SERVICE DELIVERY AREA.—The front-line workers; there are authorized to be appropriated to term ‘‘unified service delivery area’’ means (6) in order for labor markets to function carry out titles II, III, and IV— the common geographic service area bound- more effectively, there must be— (1) $160,000,000 for fiscal year 1996; and aries established pursuant to section 217 and (A) timely, accurate information about the (2) such sums as may be necessary for each overseen by a workforce development board. supply, demand, price, and quality of serv- of fiscal years 1997 through 1999. (13) ONE-STOP CAREER CENTER.—The term ices available in the job training market- (b) LIMITATIONS.— ‘‘one-stop career center’’ means an access place; and (1) FISCAL YEAR 1996.—Of the funds made point for intake, assessment, referral, and (B) trained brokers available to assist cus- available pursuant to subsection (a) for fis- placement services, including services pro- tomers to choose the most suitable service; cal year 1996— vided electronically, that is part of the net- (7) accordingly, the United States needs a (A) not more than 5 percent shall be used work established pursuant to section 234. comprehensive integrated labor market in- for the activities of the National Board; (14) HARD-TO-SERVE.—The term ‘‘hard-to- formation system to ensure that workforce (B) not more than 10 percent shall be used serve’’ means an individual meeting the re- development programs are related to the de- for matching grants pursuant to section 404; quirements of section 203(b) of the Job Train- mand for particular skills in local labor mar- (C) not more than 15 percent shall be used ing Partnership Act (29 U.S.C. 1603(b)). kets, and a mechanism for providing broker- for development grants pursuant to section (15) SECRETARY.—The term ‘‘Secretary’’ age services to ensure that information 203(a); and means the Secretary of Labor, unless other- about the employment and earnings of the (D) not less than 70 percent shall be used wise specified. local workforce, and the performance of edu- for implementation grants pursuant to sec- cation and training institutions, will be tion 203(b). TITLE I—STREAMLINING AND available to jobseekers, workers, and firms; (2) FISCAL YEARS 1997 THROUGH 1999.—Of the CONSOLIDATION (8) in order to bring more coherence to funds made available pursuant to subsection Federal workforce development policy, there (a) for each of fiscal years 1997 through 1999— SEC. 101. PURPOSE; FINDINGS; SENSE OF THE CONGRESS. should be a single entity at the Federal, (A) not more than 5 percent shall be used State, and local level vested with the nec- for the activities of the National Board; (a) PURPOSE.—The purpose of this title is essary authority to strategically plan ways (B) not more than 10 percent shall be used to streamline the system of federally funded to transform the separate training and em- for matching grants pursuant to section 404; employment training services available to ployment programs into an integrated and and jobseekers, workers, and businesses. accountable workforce development system; (C) not less than 85 percent shall be used (b) FINDINGS.—The Congress finds that— (9) these Federal, State, and local strategic for implementation grants pursuant to sec- (1) the process of streamlining the current planning bodies should be structured in such tion 203(b). collection of federally funded employment a way to give businesses and workers a (c) INTEGRATED LABOR MARKET INFORMA- training programs begins with eliminating meaningful role in shaping policy and TION SYSTEM.—To carry out title V, there are and consolidating separate employment overseeing the quality of workforce develop- authorized to be appropriated— training programs; and ment programs; (1) $90,000,000 for fiscal year 1996; and (2) as such programs are eliminated, the (10) in recent years, many States and com- (2) such sums as may be necessary for each funding for such programs should be utilized munities have made progress in developing succeeding fiscal year. to support the creation of a market-driven new approaches to better integrate Federal SEC. 4. DEFINITIONS. workforce development system, as described employment and training programs; As used in this Act— in section 2(b). (11) the Federal Government should take (1) DEVELOPMENT GRANT.—The term ‘‘devel- (c) SENSE OF THE CONGRESS.—It is the sense more systematic measures to encourage ex- opment grant’’ means a grant provided to of the Congress that— perimentation and flexibility, and to dis- each State under section 203(a). (1) any budget savings realized as a result seminate best practices in the design and im- (2) IMPLEMENTATION GRANT.—The term of the repeal of programs pursuant to section plementation of a comprehensive workforce ‘‘implementation grant’’ means a grant pro- 102 or through the consolidation of programs development system throughout the coun- vided under section 203(b). pursuant to sections 103 and 104 should be re- try; and (3) LEADING EDGE STATE.—The term ‘‘lead- invested in the Nation’s job training system; (12) the Federal Government should ad- ing edge State’’ means a State that has been and dress the findings of this subsection through awarded an implementation grant under sec- (2) as programs are eliminated and merged, the implementation of immediate and long- tion 203(b). it is imperative that such elimination and term improvements that result in the estab- (4) WORKFORCE DEVELOPMENT PROGRAM.— merging be done without in any way reduc- lishment of a high-quality workforce devel- The term ‘‘workforce development program’’ ing the commitment or level of effort of the January 9, 1995 CONGRESSIONAL RECORD — SENATE S 661 Federal Government to improving the edu- (F) The Refugee Education Assistance Act (ii) submits the affected agency’s com- cation, employment, and earnings of all of 1980 (8 U.S.C. 1522 note). ments with the waiver application. workers and jobseekers particularly hard-to- (G) Title V of the Older Americans Act of (3) APPLICATION.—Each application submit- serve individuals. 1965 (42 U.S.C. 3056 et seq.). ted under this subsection shall— (2) EFFECTIVE DATE.—The repeals made by (A) identify the statutory or regulatory re- SEC. 102. ELIMINATION OF CERTAIN PROGRAMS. paragraph (1) shall take effect on September quirements that are requested to be waived (a) IN GENERAL.—The following provisions 30, 1999. and the goals that the State or local agency are repealed: (3) TECHNICAL AND CONFORMING AMEND- intends to achieve; (1) Section 6(d)(4) of the Food Stamp Act of MENTS.—The National Board shall include in (B) describe the action that the State has 1977 (7 U.S.C. 2015(d)(4)). the draft joint resolution submitted under undertaken to remove State statutory or (2) Section 211 of the Appalachian Regional section 104(b), technical and conforming regulatory barriers identified in the applica- Development Act of 1965 (40 U.S.C. App. 211). amendments regarding the provisions re- tion; (3) Section 204 of the Immigration Reform pealed under subsection (a). Such proposed (C) describe the purpose of the waiver and and Control Act of 1986 (8 U.S.C. 1255a note). amendments should be consistent with the the expected programmatic outcomes if the (4) Section 20 of the Federal Transit Act (49 purposes of this Act. request is granted; U.S.C. App. 1616). SEC. 104. PROCESS FOR ESTABLISHING 21ST CEN- (D) describe the numbers and types of peo- (5) The Displaced Homemaker Self-Suffi- TURY WORKFORCE DEVELOPMENT ple to be affected by such waiver; ciency Assistance Act (29 U.S.C. 2301 et seq.). SYSTEM. (E) describe a timetable for implementing (6) Section 43 of the Airline Deregulation (a) ANNUAL RECOMMENDATIONS.—Not later the waiver; Act of 1978 (49 U.S.C. App. 1552). than 180 days after the date of enactment of (F) describe the process the State will use (7) Title II of Public Law 95–250 (92 Stat. this Act, and each June 1 thereafter, the Na- to monitor, on a biannual basis, the progress 172). tional Board shall make recommendations to in implementing the waiver; and (8) Section 413 of the Carl D. Perkins Voca- the President and Congress for the elimi- (G) describe how the goals of the program tional and Applied Technology Education nation of Federal workforce development or programs for which a waiver is granted Act (21 U.S.C. 2413). programs, or programs whose functions will continue to be met. (9) Title V of the Job Training Partnership should be subsumed under other Federal pro- (c) STATES RECEIVING IMPLEMENTATION Act (29 U.S.C. 1791 et seq.). grams. GRANTS.—Subject to subsection (d), each (10) Part J of title IV such Act (29 U.S.C. (b) REPORT AND JOINT RESOLUNTION.— State receiving an implementation grant 1784 et seq.). (1) REPORT.—Not later than June 1, 1999, under section 203(b) shall have the statutory (11) Section 325 of such Act (29 U.S.C. the National Board, based on such board’s or regulatory requirement, described in its 1662d). analysis of the experience of leading edge grant application or State Blueprint of such (12) Section 325A of such Act (29 U.S.C. States and the progress made toward estab- State waived for the duration of the imple- 1662d–1). lishing an integrated, market-driven mentation grant. (13) Section 326 of such Act (29 U.S.C. workforce development system, shall prepare (d) LIMITATIONS.— 1662e). and submit to the Committee on Economic (1) IN GENERAL.—A waiver shall not be (14) Sections 1141 through 1144 of title 10, and Educational Opportunities of the House granted under a workforce development pro- United States Code. of Representatives and the Committee on gram if such waiver would alter— (15) Subtitle C of title VII of the Stewart Labor and Human Resources of the Senate a (A) the purposes or goals of such program; B. McKinney Homeless Assistance Act (42 report containing the findings of such board, (B) the allocation of funds under such pro- U.S.C. 11441 et seq.). and recommendations for proposed reforms. gram; EPEALS OF EMPLOYMENT TRAINING (b) R (2) JOINT RESOLUTION.—Not later than June (C) any statutory or regulatory require- PROGRAMS.—The repeals made by subsection 1, 1999, the National Board shall submit to ment under such program relating to public (a) shall take effect on the date of enactment the Congress a draft of a joint resolution health or safety, civil rights, protections of this Act. containing provisions to develop a stream- granted under title I and sections 503 and 504 (c) TECHNICAL AND CONFORMING AMEND- lined, integrated, market-driven workforce of the Rehabilitation Act of 1973 (29 U.S.C. MENTS.—The National Board shall include in development system, from the programs de- 701 et seq.), occupational safety and health, the draft joint resolution submitted under scribed in section 103(b) and any other Fed- environmental protection, displacement of section 104(b), technical and conforming eral workforce development program deter- current employees, or fraud and abuse; or amendments regarding the provisions re- mined by the National Board as appropriate (D) eligibility requirements under such pealed under subsection (a). Such proposed to be included that is consistent with this program, except that a waiver may be grant- amendments should be consistent with the Act, pursuant to section 2(b). The joint reso- ed with respect to an eligibility requirement purposes of this Act. lution shall include recommendations for if such waiver would provide for increased SEC. 103. STREAMLINING AND INTEGRATION OF standard outcome measures as described in flexibility in developing common definitions ADULT TRAINING PROGRAMS. section 204(a)(2) and shall describe how the for individuals eligible for such program. (a) REQUIREMENTS.— new system will maintain services to hard- (2) CIRCULARS AND RELATED REGULATIONS.— (1) IN GENERAL.—A State that receives an to-serve populations. The following circulars promulgated by the implementation grant to develop an inte- SEC. 105. CENTRALIZED WAIVERS. Office of Management and Budget shall be grated workforce development system— (a) EXPEDITED PROCESS.—Not later than 180 subject to the waiver authority of this sub- (A) shall include in such system the com- days after the date of enactment of this Act, section: ponents of the program and activities carried the President shall establish an expedited (A) A–87, relating to cost principles for out on the date of enactment of this Act process to consider and act on waiver re- State and local governments. under the provisions described in subsection quests submitted by the States under this (B) A–102, relating to grants and coopera- (b)(1); and section. tive agreements with State and local govern- (B) may include any other Federal or State (b) STATES NOT RECEIVING IMPLEMENTATION ments. workforce development program identified GRANTS.— (C) A–122, relating to nonprofit organiza- by the Governor under paragraph (2). (1) IN GENERAL.—Any State may apply, in tions. (2) ADDITIONAL PROGRAMS.—Any other Fed- accordance with this section, for a waiver of (D) A–110, relating to administrative re- eral or State workforce development pro- statutory or regulatory requirements under quirements for grants and cooperative agree- gram identified by the Governor pursuant to one or more of the programs described in sec- ments with nonprofit organizations and in- section 203(b), subject to a two-thirds vote of tion 103(b)(1), for a period of 2 years to facili- stitutions of higher education. the National Board, may be included in the tate the provision of assistance for (E) A–21, relating to cost principles for in- integrated system of a State described in workforce development. stitutions of higher education. paragraph (1). (2) WAIVER AUTHORITY.—A waiver may be (3) EFFECTIVE DATE.—A waiver granted (b) REPEALS OF JOB TRAINING PROGRAMS.— granted under this subsection only if— under this section shall take effect on the (1) IN GENERAL.—The following provisions (A) the requirement sought to be waived date such waiver is granted. are repealed: impedes the ability of the State, or a local (4) REVIEW OF APPLICATION.—Each applica- (A) Part A of title II of the Job Training entity in the States, to carry out the State tion submitted by a State pursuant to sub- Partnership Act (29 U.S.C. 1601 et seq.). or local workforce development plan; section (b)(3) shall be reviewed by the Sec- (B) Title III of such Act (29 U.S.C. 1651 et (B) the State has waived, or agrees to retary or agency head who has jurisdiction seq.). waive, similar requirements of State law; over the workforce development program or (C) Part C of title IV of such Act (29 U.S.C. and programs to which such waiver request re- 1721). (C) in the case of a statewide waiver, the lates. (D) The Wagner-Peyser Act (29 U.S.C. 40 et State— (5) APPROVAL OR DISAPPROVAL OF APPLICA- seq.). (i) provides all State and local agencies TION.— (E) Sections 235 and 236 of the Trade Act of and appropriate organizations in the State, (A) TIMING.—Each application submitted 1974 (19 U.S.C. 2295 and 2296), and paragraphs including labor organizations, with notice by a State in accordance with subsection (1) and (2) of section 250(d) of such Act (19 and an opportunity to comment on the (b)(3) shall be reviewed promptly upon re- U.S.C. 2331(d)(1) and(2)). State’s proposal to seek a waiver; and ceipt, and shall be approved or disapproved S 662 CONGRESSIONAL RECORD — SENATE January 9, 1995 not later than the end of the 60-day period (F) three members shall be representatives title 5, United States Code, while away from beginning on the date such application is re- of organized labor; their homes or regular places of business in ceived. (G) three members shall be State and local the performance of services for the National (B) APPROVAL.—A waiver or waivers pro- elected officials of whom two shall be Gov- Board. posed in an application may be approved for ernors of a State and one shall be a local (11) EXECUTIVE DIRECTOR AND STAFF.— the 2-year period beginning on the date such elected official; and (A) EXECUTIVE DIRECTOR.—The cochairper- application is approved, if the State dem- (H)(i) one member shall be selected from sons of the National Board shall appoint an onstrates in the application that such waiver representatives of community-based organi- Executive Director who shall be com- or waivers will achieve coordination, expan- zations; pensated at a rate determined by the Na- sion, and improvement in the quality of serv- (ii) one member shall be selected from rep- tional Board, not to exceed the rate payable ices under its workforce development sys- resentatives of secondary schools or post- for level V of the Executive Schedule under tem. secondary educational institutions; and section 5316 of title 5, United States Code. (C) DISAPPROVAL AND RESUBMISSION.—If an (iii) one member shall be selected from rep- application is incomplete or unsatisfactory, resentatives of nongovernmental organiza- (B) STAFF.—The Executive Director may— the appropriate Federal official shall, before tions that have a history of successfully pro- (i) appoint and compensate such additional the end of the period referred to in subpara- tecting the rights of individuals with disabil- staff as may be necessary to enable the Na- graph (A)— ities or older persons. tional Board to perform its duties; and (i) notify the State of the reasons for the (3) ADDITIONAL REQUIREMENTS.—The mem- (ii) fix the compensation of the staff with- failure to approve the application; bers described in subparagraphs (E) and (F) out regard to the provisions of chapter 51 and (ii) notify the State that the application of paragraph (2) shall— subchapter III of chapter 53 of title 5, United may be resubmitted during the period re- (A) in the aggregate, represent a broad States Code, relating to classifications of po- ferred to in clause (iii); and cross-section of occupations and industries; sitions and General Schedule pay rates, ex- (iii) permit the State to resubmit a cor- (B) to the extent feasible, be geographi- cept that the rate of pay for the staff may rected or amended application during the 60- cally representative of the United States, not exceed the rate payable for level V of the day period beginning on the date of notifica- and reflect the racial, ethnic, and gender di- Executive Schedule under section 5316 of tion under this subparagraph. versity of the United States; and such title. (D) REVIEW OF RESUBMITTED APPLICATION.— (C) shall include at least one member of (12) AGENCY SUPPORT.— Any application resubmitted under subpara- the National Skill Standards Board estab- (A) USE OF FACILITIES.—The National graph (C) shall be approved or disapproved lished pursuant to section 503 the National Board may use the research, equipment, before the expiration of the 60-day period be- Skill Standards Act of 1994. services, and facilities of any agency or in- ginning on the date of the resubmission. (4) EXPERTISE.—The National Board and strumentality of the United States with the (6) REVOCATION OF WAIVER.—If, after the ap- the staff shall have sufficient expertise to ef- consent of such agency or instrumentality. proval of an application under this sub- fectively carry out the duties and functions section, the Secretary determines that the of the National Board. (B) STAFF OF FEDERAL AGENCIES.—Upon the request of the National Board, the head of waiver or waivers do not achieve coordina- (5) APPOINTMENT.—The members described tion, expansion, and improvement in the in subparagraphs (E), (F), (G), and (H) of any Federal agency may detail to the Na- quality of services under the workforce de- paragraph (2) shall be appointed by the tional Board, on a reimbursable basis, any of velopment programs to which such waiver or President, by and with the advice and con- the personnel of such Federal agency to as- waivers relate, the waiver or waivers may be sent of the Senate. sist the National Board in carrying out this revoked in whole or in part. (6) EX OFFICIO NONVOTING MEMBERS.—The Act. Such detail shall be without interrup- TITLE II—MARKET BUILDING ACTIVITIES Director of the Office of Management and tion or loss of civil service status or privi- Subtitle A—Federal Level Activities Budget and the chairpersons and ranking mi- lege. nority members of the Committee on Labor (13) PROCUREMENT OF TEMPORARY AND SEC. 201. PURPOSE. and Human Resources of the Senate and the INTERMITTENT SERVICES.—The co-chair- The purpose of this title is to establish a Committee on Economic and Educational persons of the National Board may procure framework at the Federal, state, and local Opportunities of the House of Representa- temporary and intermittent services of ex- levels for key stakeholders to work coopera- tives shall be ex officio, nonvoting members perts and consultants under section 3109(b) of tively to build the infrastructure, brokerage, of the National Board. and accountability systems needed to trans- title 5, United States Code. ERMS.—Each member of the National form current Federally funded job training (7) T (c) DUTIES.— programs into a market-driven workforce de- Board appointed under subparagraph (E), (F), (1) NATIONAL REPORT CARD.— velopment system. (G), and (H) of paragraph (2) shall be ap- (A) IN GENERAL.—Not later than July 1, pointed for a term of 4 years, except that of SEC. 202. NATIONAL WORKFORCE DEVELOPMENT 1996, and each July 1 thereafter, the National BOARD. the initial members of the National Board Board shall prepare a report to be known as appointed under such subparagraphs— (a) FINDINGS.—The Congress finds that a the Nation’s Workforce Development Report national workforce development board is (A) four members shall be appointed for a Card (referred to in this Act as the ‘‘National necessary to ensure— term of 2 years; Report Card’’). (1) the establishment and continuous im- (B) four members shall be appointed for a (B) REQUIREMENTS.—The National Report provement of the national workforce devel- term of 3 years; and Card shall assess the performance of the opment system; (C) four members shall be appointed for a workforce development system of the United (2) that integrated strategic planning term of 4 years. States, based on the earnings and employ- takes place among the Federal agencies cur- (8) VACANCIES.—Any vacancy on the Na- ment gains and other nonemployment-relat- rently responsible for administering job tional Board shall not affect the powers of ed outcomes of individuals assisted by the training programs; the National Board, but shall be filled in the programs comprising such system. The Na- (3) incorporation of private sector exper- same manner as the original appointments. tional Report Card shall evaluate all (9) CHAIRPERSONS.—The President, by and tise to the governance of the national workforce development programs that re- with the advice and consent of the Senate, workforce development system; and ceive Federal funding, and shall— shall select one cochairperson of the Na- (4) that unnecessary legislative and regu- (i) assess the performance of each program; tional Board from among the members of the latory barriers to service integration are re- (ii) assess performance based on the type of National Board appointed under paragraph moved as a market-driven workforce devel- assistance provided, including the categories (2)(E) and one cochairperson from among the opment system is established. of services identified in section 204(b)(1)(C); (b) ESTABLISHMENT.— members appointed pursuant to paragraph (2)(F). (iii) assess year-to-year changes in per- (1) IN GENERAL.—There is established the formance; National Workforce Development Board (re- (10) COMPENSATION AND EXPENSES.— (iv) report on the extent to which hard-to- ferred to in this Act as the ‘‘National (A) COMPENSATION.—Each member of the serve populations are receiving services and Board’’). National Board who is not a full-time em- the related outcomes in relation to services (2) COMPOSITION.—The National Board shall ployee or officer of the Federal Government be comprised of 16 members, of whom— shall serve without compensation. Each received in the preceding three years; (A) one member shall be the Secretary of member of the National Board who is an offi- (v) determine the annual Federal invest- Labor; cer or employee of the Federal Government ment in workforce development in each (B) one member shall be the Secretary of shall serve without compensation in addition State; Education; to that received for the services of such (vi) assess the lessons learned from the ex- (C) one member shall be the Secretary of member as an officer or employee of the Fed- perience of leading-edge States, and States Health and Human Services; eral Government. that waive certain program requirements to (D) one member shall be the Secretary of (B) EXPENSES.—The members of the Na- experiment with alternative workforce de- Commerce; tional Board shall be allowed travel ex- velopment strategies; and (E) three members shall be representatives penses, including per diem in lieu of subsist- (vii) assess the performance of the of business (including representatives of ence, at rates authorized for employees of workforce development system in each small businesses and large employers); agencies under subchapter I of chapter 57 of State. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 663

(2) CONGRESSIONAL TESTIMONY.—The co- shall be subject to the annual approval of the SEC. 204. QUALITY ASSURANCE SYSTEM. chairpersons of the National Board shall, at Secretary, in consultation with the National (a) PURPOSE.—The purpose of this section least annually, provide testimony, during a Board, and the availability of appropriations is to improve the quality of all Federal pro- joint hearing before the Committee on Labor for the fiscal year involved. grams directed at improving the knowledge, and Human Resources of the Senate and the (4) ALLOCATION REQUIREMENTS.— skills, and abilities of members of the Committee on Economic and Educational (A) FIRST YEAR.—For the first fiscal year workforce by strengthening accountability Opportunities of the House of Representa- for which a State receives amounts from an and encouraging the adoption of quality im- tives on the progress being made in— implementation grant under this subsection, provement processes at all levels of the (A) developing a more streamlined inte- the State shall use not less than 75 percent workforce development system. In order to grated and accountable public and private of such amount to provide subgrants to local accomplish this purpose, this Act— workforce development system in the United workforce development boards. (1) directs the Secretaries of Labor, Edu- States; and (B) SECOND YEAR.—For the second fiscal cation, and Health and Human Services to (B) carrying out the purposes described in year for which a State receives amounts jointly, in consultation with the National section 2(b). from an implementation grant under this Board— (3) REVIEW OF GRANT PROPOSALS.—The Na- subsection, the State shall use not less than (A) develop common terms and definitions tional Board shall review the development 80 percent of such amount to provide as described in subsection (b); grant proposals pursuant section 203(a), the subgrants to local workforce development (B) develop a placement accountability implementation grant proposals pursuant to boards. system as described in subsection (c); and section 203(b), and the matching grant pro- (C) THIRD AND SUCCEEDING YEARS.—For the (C) adjust existing program performance posals submitted pursuant to section 404, and third, and each succeeding, fiscal year for standards as described in section 220(c); and make recommendations to the Secretary re- which a State receives amounts from an im- (2) directs the National Board to rec- garding such proposals. plementation grant under this subsection, ommend a system of performance standards (4) FINAL RECOMMENDATIONS.—Not later the State shall use not less than 85 percent in its joint resolution submitted to Congress than June 1, 1999, the National Board shall of such amount to provide subgrants to local pursuant to section 104(b) that includes submit recommendations in the form of a standard outcome measures relating to— joint resolution to the President and Con- workforce development boards. (5) LIMITATION.—A State shall be eligible (A) employment; gress, pursuant to section 104(b). (B) job retention; (d) TERMINATION.—The National Board to receive not more than 1 implementation grant under this subsection. (C) earnings; and shall terminate on the date on which the Na- (D) nonemployment outcome measures, tional Board submits the joint resolution to (6) APPLICATION.—To be eligible to receive such as learning and competency gains. President and Congress under section 104(b). an implementation grant under this sub- (b) COMMON TERMS AND DEFINITIONS.— (e) NATIONAL FOR EMPLOYMENT POLICY.— section, the Governor of a State, on behalf of (1) IN GENERAL.—Each workforce develop- (1) IN GENERAL.—Part F of title IV of the the State, shall submit to the National ment program that receives Federal funds Job Training Partnership Act (29 U.S.C. 1771 Board and the Secretary an application that shall collect and report to the Governor and et seq.) is repealed. shall include a copy of the State Blueprint the State Council, if applicable, for each par- (2) CONFORMING AMENDMENT.—Subsection and such other information as the Secretary, ticipant to whom assistance is provided, the (i) of section 106 of such Act (29 U.S.C. with the advice of the National Board, may following information: 1516(i)) is amended by striking ‘‘(i) FUNC- require. (A) The quarterly employment status and TIONS OF NCEP.—The National Commission (c) DISSEMINATION OF INFORMATION ON BEST earnings for 1 year after the participant no for Employment Policy’’ and inserting ‘‘(i) PRACTICES.—The Secretary, in consultation longer receives assistance under such pro- FUNCTIONS OF NATIONAL WORKFORCE DEVEL- with the National Board, shall— gram. OPMENT BOARD.—The National Workforce De- (1) collect and disseminate information velopment Board established under section that will assist State and local communities (B) Economic and demographic character- istics, including the participant’s— 202 of the Workforce Development Act’’. undertaking activities to streamline and re- (i) social security number; SEC. 203. MECHANISMS FOR BUILDING HIGH form their job training systems, including (ii) date of birth; QUALITY INTEGRATED WORKFORCE information on— (iii) gender; DEVELOPMENT SYSTEMS. (A) the successful experiences of States (iv) race or ethnicity; (a) STATE DEVELOPMENT GRANTS.— and localities that— (v) disability status; (1) PURPOSE.—The purpose of this sub- (i) have received development or imple- (vi) education (highest formal grade level section is to assist States and communities mentation grants; achieved at commencement of participation in strategic planning for integrated (ii) have been granted waivers; or in program); workforce development systems, including (iii) are experimenting with training ac- (vii) academic degrees and credentials at the development of a financial and manage- count systems established under title III of ment information system, a quality assur- time of entry into the program; and this Act; and (viii) employment status at the time of ance system, and an integrated labor market (B) research concerning the restructuring information system. entry into the program. of workforce development systems; and (2) GRANTS TO STATES.—The Secretary may (C) Services received, the extent, when ap- (2) facilitate the exchange of information provide a development grant to a State in propriate, and spending for such services, in- and ideas among States and local entities such amount as the Secretary, in consulta- cluding— that are building market-based workforce tion with the National Board, determines to (i) assessments; development systems. be necessary to enable such State to develop (ii) testing; a strategic plan, as described in paragraph (d) WORKFORCE DEVELOPMENT IMPACT RE- (iii) counseling; (1), for the development of a comprehensive PORTS.— (iv) job development or job search assist- statewide integrated workforce development (1) SUBMISSION.—For each bill or resolution ance; system. concerning workforce development reported (v) occupational skills training; (3) APPLICATION.—To be eligible to receive by any committee of the Senate or the House (vi) work experience; a development grant under this subsection, of Representatives, the National Board shall (vii) job readiness training; the Governor of a State, on behalf of the determine whether proposed Federal job (viii) basic skills education; State, shall submit to the National Board training legislation complies with the data (ix) postsecondary academic education and the Secretary an application, at such reporting, common definitions, and common (nonoccupational); time, in such form, and containing such in- funding cycles described in subsections (b) (x) supportive and supplementary services; formation as the Secretary may require. and (e) of section 204. A determination of and (b) IMPLEMENTATION GRANTS TO LEADING- compliance by the National Board under this (xi) on-the-job training. EDGE STATES.— subsection shall be included in the commit- (D) Program outcomes, as specified by the (1) PURPOSE.—The purpose of this sub- tee report accompanying such legislation, if State, such as— section is to assist States in implementing timely submitted to such committee before (i) advancement to higher level education statewide high-quality integrated workforce such report is filed. or training; development systems that are accountable (2) PROCEDURE.—It shall not be in order in (ii) attainment of additional degrees or for achieving results. the Senate or the House of Representatives credentials (including skill standards as such (2) GRANTS TO STATES.—The Secretary, in to consider any bill or resolution concerning standards become available); consultation with the National Board, may workforce development that would not com- (iii) assessment of learning gain in basic provide an implementation grant to the ply with the national workforce development skills programs; State in such amount as the Secretary deter- system, as determined by the National Board (iv) attainment and retention of subsidized mines to be necessary to enable such State under paragraph (1). or unsubsidized employment; to implement an integrated workforce devel- (3) WAIVER.—This subsection may be (v) quarterly earnings; and opment system. waived or suspended in the Senate or the (vi) reduction in welfare dependency. (3) PERIOD OF GRANT.—The provision of House of Representatives only by the affirm- (2) REPLACEMENT OF EXISTING REQUIRE- payments under a grant under this sub- ative vote of three-fifths of the members of MENTS.—Program monitoring under this sec- section shall not exceed 4 fiscal years, and such House. tion shall supplant existing monitoring and S 664 CONGRESSIONAL RECORD — SENATE January 9, 1995 reporting requirements for program partici- the Bureau of Labor Statistics, match the percent of the membership of the State pants. information provided pursuant to subpara- Council, including individuals who are mem- (3) ADOPTION OF COMMON TERMS AND DEFINI- graph (A) with quarterly employment and bers of local workforce development boards; TIONS.— earnings records. (B) representatives of organized labor who (A) REPORT.—Not later than 180 days after (4) REIMBURSEMENT.—Requesting programs shall constitute not less than 25 percent of the date of enactment of this Act, each Fed- shall reimburse the State agency responsible the membership of the State Council and eral department and agency with responsibil- for wage record data for the cost of matching shall be selected from among individuals ity for a workforce development program such information. Notwithstanding any nominated by recognized State labor federa- shall report to the National Board on its other provision of Federal law, requesting tions; and progress in adopting the common terms and programs may use Federal funds for such re- (C) representatives of secondary and post- definitions for program participants, service imbursement. secondary academic or vocational education activities, and outcomes by program opera- (5) CONFIDENTIALITY.—Requesting pro- institutions. tors and grant recipients. grams— (2) ADDITIONAL MEMBERS.—Each State (B) IMPLEMENTATION.—Not later than 1 (A) shall protect the confidentiality of Council may include one or more qualified year after the date of enactment of this Act, wage record data through the use of recog- members who are appointed by the Governor each workforce development program receiv- nized security procedures; and from among representatives of the following: ing Federal funds shall use the common (B) may not retain such data for more than (A) Community-based organizations. terms and definitions. 10 years. (B) Nongovernmental organizations that (C) USE.—Upon adoption by the appro- (6) SUBMISSION TO STATE COUNCIL.—The have a history of successfully protecting the priate Federal agencies, the common defini- State agency responsible for labor market rights of individuals with disabilities or tions for terminology developed and reported information shall submit the results of the older persons. pursuant to section 455 of the Job Training matching to the State Council, in accord- (C) Units of general local government or Partnership Act (29 U.S.C. 1735(b)) shall be ance with procedures and schedules specified consortia of such units. utilized in interpreting and compiling the by the National Board and the Secretary. (D) State officials responsible for admin- core data elements. Notwithstanding any (7) RESPONSIBILITY OF GOVERNORS.—The istering programs described in sections 103 other provision of Federal law, such common Governor of each State shall ensure the sub- and 104 and included in the integrated sys- definitions shall be utilized in lieu of exist- mission of the matched data to the State ing program definitions for similar data ele- Council, the National Board, the Secretary, tem. ments. and other Federal entities, as required by (E) The State legislature. (F) Any local program that receives Fed- (4) RECOMMENDATIONS.—Not later than 180 the National Board. days after the date all of the Members of the (d) DISSEMINATION OF QUALITY ASSUR- eral funding from any program included in National Board are appointed, the National ANCE.—The information obtained under sub- the integrated workforce development sys- Board shall make recommendations to the section (c) shall be made available to— tem of the State. Secretaries of Labor, Education, and Health (1) the State Council of the State in which (b) EX OFFICIO.— and Human Services, and the heads of other the program is located; (1) NONVOTING MEMBERS.—The Governor agencies operating workforce development (2) the local workforce development boards may appoint ex officio additional nonvoting programs, on common definitions for other in the State in which the program is located; members to the State Council. terms, including terms relating to— and (2) EXPERTISE.—The Governor of the State (A) program status, including— (3) consumers of labor market information shall ensure that the State Council and the (i) applicant; to judge individual program performance in staff of the State Council have sufficient ex- (ii) participant; an easily accessible format. pertise to effectively carry out the duties (iii) terminee; and (e) CONSISTENT FUNDING CYCLES.— and functions of the State Council described (iv) training-related placement; (1) IN GENERAL.—All federally funded under the laws relating to the applicable pro- (B) program eligibility, including— workforce development training activities gram. shall, to the extent practicable, be funded on (i) family income; and SEC. 213. CHAIRPERSON. (ii) economically disadvantaged individ- a consistent funding cycle basis. (2) RECOMMENDATIONS FOR FUNDING The Governor of the State shall appoint a uals; and chairperson of the State Council who shall (C) other terms considered appropriate by CYCLE.—Not later than 180 days after the date on which all of the members of the Na- be a representative of the business commu- the National Board, such as common cost nity. categories. tional Board are appointed, the National Board shall make recommendations to Con- (5) AMENDMENTS.—If any of the proposed SEC. 214. DUTIES AND RESPONSIBILITIES. gress on the appropriate funding cycle to be common definitions require amendment to (a) STATE WORKFORCE DEVELOPMENT POL- used for all workforce development programs existing laws, the National Board shall sub- ICY BLUEPRINT.—The State Council shall as- mit to Congress recommendations for legis- and activities. sist the Governor to prepare and submit to lative action not later than 9 months after Subtitle B—State Level Activities the National Board a biennial report to be the date all of the members of the National SEC. 211. STATE WORKFORCE DEVELOPMENT known as the State Workforce Development Board are appointed. COUNCILS. Policy Blueprint (referred to in this Act as (c) PLACEMENT ACCOUNTABILITY.— (a) ESTABLISHMENT.—Each State desiring the ‘‘State Blueprint’’). The State Blueprint (1) IN GENERAL.—The purpose of this sub- to participate in the development of an inte- shall— section is to establish a placement account- grated and accountable workforce develop- (1) serve as a strategic plan for integrating ability system using a cost-effective data ment system under the procedures specified federally funded workforce development pro- source with information on job placement, in section 203(b) shall establish a State grams included in an integrated system of earnings, and job retention, to foster ac- Workforce Development Council (referred to the State, established pursuant to section countability by all federally funded in this Act as a ‘‘State Council’’) or have lo- 203(b), with State-funded job training, em- workforce development programs. cated within such State an existing entity ployment, employment-related education, (2) PERFORMANCE MONITORING.—Each that is similar to a State Council and that and economic development activities; workforce development program that re- includes members who are representatives of (2) summarize and analyze information ceives Federal funds shall— employers and workers. about training needs of critical industries in (A) engage in continuous performance self- (b) PURPOSE.—Each State Council shall the State contained in the local workforce monitoring by measuring, at a minimum, serve as the principal advisory board for the development policy blueprints developed by the quarterly employment status and earn- Governor of such State for all programs in- the workforce development boards; ings of each recipient of assistance under cluded in the integrated workforce develop- (3) establish State goals for the integrated such program; and ment system of such State. workforce development system and a com- (B) monitor each recipient of assistance for (c) FUNCTIONS.—Each State Council shall mon core set of performance measures and a period of not less than 1 year, beginning on assume the functions and responsibilities of standards for programs included in the sys- the date on which the recipient no longer re- councils and commissions required under tem, to be used in lieu of existing perform- ceives assistance under such program. Federal law that are part of the integrated ance measures and standards for each of the (3) INFORMATION MATCHING.— workforce development system of such included programs; (A) CORE DATA.—Each workforce develop- State. (4) analyze how the businesses and labor ment program that receives Federal funds SEC. 212. MEMBERSHIP. organizations of the State are— shall provide the information described in (a) IN GENERAL.— (A) progressing in the restructuring of the subsection (b) regarding program partici- (1) REPRESENTATIVES OF BUSINESS AND IN- work place to provide continuous learning; pants to the State agency responsible for DUSTRY AND ORGANIZED LABOR.—Each State (B) improving the skills and abilities of labor market information designated in title Council shall be comprised of individuals front-line workers of such businesses; and V. who are appointed by the Governor for a (C) participating in State and local efforts (B) MATCHING.—The State agency respon- term of not less than 2 years from among— to transform federally funded education and sible for labor market information des- (A) representatives of business and indus- job training programs into a coherent and ignated in title V shall, in conjunction with try, who shall constitute not less than 33 accountable workforce development system; January 9, 1995 CONGRESSIONAL RECORD — SENATE S 665

(5) utilize information available from the (c) WORKFORCE DEVELOPMENT BOARD CER- areas throughout the State for the purpose State Report Card and other sources to ana- TIFICATION AND EFFECTIVENESS CRITERIA.— of providing community-wide workforce de- lyze the relative effectiveness of individual Each State Council shall— velopment assistance in one-stop career cen- workforce development programs within the (1) assist the Governor to certify each local ters under section 234. State and of the State’s workforce develop- workforce development board; and (c) RESPONSIBILITIES.—In establishing uni- ment system as a whole; (2) make recommendations to the Governor fied service delivery areas, the Governor, in (6) evaluate the progress being made with- for criteria that will be used to judge the ef- consultation with the State Council and in the State in streamlining, consolidating, fectiveness of each of the workforce develop- local communities— and reforming the workforce development ment boards of the State. (1) shall take into consideration existing— system of the State in accordance with the SEC. 215. DEVELOPMENT OF QUALITY ASSUR- (A) labor market areas; purposes contained in section 2(b) and the ANCE SYSTEMS AND CONSUMER RE- (B) units of general local government; framework for State implementation con- PORTS. (C) service delivery areas established under tained in the implementation grant proposal (a) IN GENERAL.—The State Council shall section 101 of the Job Training Partnership of the State; develop a quality assurance system to com- Act (29 U.S.C. 1511); and (7) describe how service to special hard-to- plement and expand upon the quality assur- (D) the distance traveled by individuals to serve populations is to be maintained; ance system established in section 204 in receive services; (8) identify how any funds that a State order to provide customers of job training (2) may merge existing service delivery may be receiving under section 203(b) are to services with consumer reports on the sup- areas; and be utilized in conjunction with existing re- ply, demand, price, and quality of job train- (3) may not approve a total number of uni- sources to continuously improve the effec- ing services in each unified service delivery fied service delivery areas that is greater tiveness of the workforce development sys- area in the State. than the total number of service delivery tem of the State; (b) SELECTION OF TOOLS AND MEASURES.— areas in existence in the State on the date of (9) describe the method to be used to allo- Each State shall select the tools and meas- enactment of this Act. cate funds received under section 203(b) in a ures that are appropriate to the needs of SEC. 218. FINANCIAL AND MANAGEMENT INFOR- fair and equitable manner among unified such State, including— MATION SYSTEMS. service delivery areas; (1) collecting and organizing service pro- (a) IN GENERAL.—Each State shall use a (10) specify the additional elements, if any, vider performance data in accordance with portion of the funds it receives under section to be included in operating agreements be- information generated from the State Report 203(a) to design a unified financial and man- tween local workforce development boards Card under section 214(b), the financial and agement information system. Each State and one-stop career centers; management information system designed that receives an implementation grant under (11) specify additional criteria, if any, for pursuant to section 218, and the labor mar- section 203(b) shall require that all programs selection of one-stop career centers; ket information system of the State de- designated in the integrated system use the (12) specify the nonemployment-related scribed in section 501; and unified financial and management informa- outcome measures that will be used for the (2) conducting surveys as appropriate to tion system. workforce development system; ascertain customer satisfaction. (b) REQUIREMENTS.—Each unified financial (13) specify the nature and scope of the (c) COLLECTION AND DISSEMINATION.—The and management information system shall— budget authority for local workforce devel- State Council shall, in conjunction with the (1) notwithstanding any other provision of opment boards in the State; and local workforce development boards, estab- Federal law, supplant federally required fis- (14) supplant federally required planning lish mechanisms for collecting and dissemi- cal reporting and monitoring for each indi- reports for programs under the integrated nating the quality assurance information on vidual program included in the integrated workforce development system of the State. a regular basis to— system; (1) individuals seeking employment; (b) STATE WORKFORCE DEVELOPMENT RE- (2) be used by all agencies involved in (2) employers; PORT CARD.—The State Council shall assist workforce development activities, including the Governor of the State to issue an annual (3) policymakers at the Federal, State, and one-stop career centers which shall have the report to be known as the State Workforce local levels; and capability to track the overall public invest- Development Report Card (referred to in this (4) training and education providers. ments within the State and unified service Act as the ‘‘State Report Card’’). The State (d) ASSURANCES.—Each public and private delivery areas, and to inform policymakers Report Card shall describe the performance education, training, and career development as to the results being achieved through that of all workforce development programs oper- service provider receiving Federal funds investment; ating in the State that receive Federal fund- under a program in an integrated system of (3) contain a common structure of finan- ing and any additional State-funded pro- the State pursuant to section 203(b) shall cial reporting requirements, fiscal systems, grams that the Governor may choose to in- collect and provide the quality assurance in- and monitoring for all workforce develop- clude. The State Report Card shall— formation required under this section. ment expenditures included in the integrated (1) include an integrated budget that docu- SEC. 216. ADMINISTRATION. system that shall utilize the common data ments the annual spending, number of cli- (a) AUTHORITIES.—Each State Council shall elements and definitions included in sub- ents served, and types of services provided be independent of other State workforce de- section (b) of section 204; and for workforce development programs for the velopment agencies and have the authority (4) support local efforts to establish unified State as a whole and for each unified service to— service systems, including intake and eligi- delivery area within the State; (1) employ staff; and bility determination for all financial aid (2) assess the level of services to hard-to- (2) receive and disburse funds. sources. serve populations in relation to the number (b) SPECIAL PROJECTS.—Each State Council SEC. 219. CAPACITY BUILDING GRANTS. served and outcomes for those populations may fund and operate special pilot or dem- From funds made available to a State for during the preceding 3 years; onstration projects for purposes of research implementation pursuant to section 203(b) or (3) utilize information available from the or continuous improvement of system per- development pursuant to section 203(a), the quality assurance system established under formance. State shall develop a strategy to enhance the section 204 to assess— (c) LIMITATION ON USE OF FUNDS.—Not capacity of the institutions, organizations, (A) employment and earnings experiences more than 5 percent of the funds received by and staff involved in State and local of individuals who have received assistance the State from an implementation grant workforce development activities by provid- from each workforce development program under section 203(b) shall be used for the ad- ing services such as— operated in the State; and ministration of the State Council. (1) training for members of the local (B) relative employment and earnings ex- SEC. 217. ESTABLISHMENT OF UNIFIED SERVICE workforce development boards; periences of participants receiving services DELIVERY AREAS. (2) training for front-line staff of any local from each one-stop career center in the (a) RECOMMENDATIONS.—Each State Coun- education or training service provider or State; cil shall make recommendations to the Gov- one-stop career center; (4) include an analysis of other ernor of such State for the establishment of (3) technical assistance regarding manag- nonemployment-related results for each unified service delivery areas that may be ing systemic change; workforce development program operating used as intrastate geographic boundaries, to (4) customer service training; within the State; and the extent practicable, for all workforce de- (5) organization of peer-to-peer network for (5) include a report of annual employment velopment programs in an integrated system training, technical assistance, and informa- trends and earnings (by industry and occupa- of the State pursuant to section 203(b). tion sharing; tion) in the State and each unified service (b) ESTABLISHMENT.—Each State receiving (6) organizing a best practices database delivery area, to assist State and local pol- an implementation grant under section covering the various workforce development icymakers, training providers, and users of 203(b) shall, based upon the recommenda- system components; and the system to link the training provided to tions of the State Council, and in consulta- (7) training for State and local staff on the the skill and labor force needs of local em- tion and cooperation with local commu- principles of quality management and decen- ployers. nities, establish unified service delivery tralizing decisionmaking. S 666 CONGRESSIONAL RECORD — SENATE January 9, 1995

SEC. 220. PERFORMANCE STANDARDS FOR UNI- among those individuals nominated by offi- (h) REMOVAL FOR CAUSE.—Any member of a FIED SERVICE DELIVERY AREAS. cers of such organizations; workforce development board may be re- (a) IN GENERAL.—The Governor of each (C) representatives of educational institu- moved for cause in accordance with proce- State that implements an integrated tions; dures established by the workforce develop- workforce development system under section (D) community leaders, such as leaders ment board. 203(b) may, in consultation with the State of— (i) CHAIRPERSON.—Each workforce develop- Council, the local workforce development (i) economic development agencies; ment board shall select a chairperson, by a boards in the State, and employees of any of (ii) human service agencies and institu- majority vote of the members of the board, the job training programs included in the in- tions; from among the members of the workforce tegrated system or the employee organiza- (iii) veterans organizations; and development board who are from business or tions of such employees, make adjustments (iv) entities providing job training; industry. The term of the chairperson shall to existing performance standards for pro- (E) representatives of nongovernmental or- be determined by the board. grams in such system in the unified service ganizations that have a history of success- (j) DUTIES.—Each workforce development delivery area of the State. fully protecting the rights of individuals board— (b) CRITERIA.—Criteria developed pursuant with disabilities or older persons; and (1) shall— to subsection (a) may include such factors (F) a local elected official, who shall be a as— nonvoting member. (A) prepare a workforce development board policy blueprint in accordance with section (1) placement, retention, and earnings of (2) SPECIAL RULE.—The representatives de- participants in unsubsidized employment, in- scribed in paragraph (1)(B) shall comprise 232; cluding— not less than 33 percent of the membership of (B) issue an annual unified service delivery (A) earnings at 1, 2, and 4 quarters after the Board. area report card in accordance with section termination from the program; and (d) NOMINATIONS.— 233; (B) comparability of wages 1 year after ter- (1) BUSINESS AND INDUSTRY REPRESENTA- (C) review and comment on the local plans mination from the program with wages prior TIVES.— for all programs included in the integrated to participation in the program; (A) IN GENERAL.—The representatives of workforce development system of the State (2) acquisition of skills pursuant to a skill business and industry under paragraph (1) of and operating within the unified service de- standards and skill certification system en- subsection (c) shall be selected by local livery area, prior to the submission of such dorsed by the National Skill Standards elected officials from among individuals plans to the appropriate State Council, or Board established pursuant to section 503 of nominated by general purpose business orga- the relevant Federal agency, if no State ap- the National Skill Standards Act of 1994; nizations after consultation with, and receiv- proval is required; (3) the satisfaction of participants and em- ing recommendations from, other business (D) oversee the operations of the one-stop ployers with services provided and employ- organizations in the unified service delivery career center established in the unified serv- ment outcomes; and area. ice delivery area under section 234, including (4) the quality of services provided and the (B) DEFINITION.—For purposes of this para- the responsibility to— level of services provided to hard-to-serve graph, the term ‘‘general purpose business (i) designate one-stop career center opera- populations, such as low-income individuals organization’’ means an organization that tors within the unified service delivery area and older workers. admits to membership any for-profit busi- consistent with selection criteria specified in (c) ADJUSTMENTS.—Each Governor of a ness operating within the unified service de- section 214(a)(11); State that implements an integrated livery area. (ii) develop and approve the budgets and workforce development system under section (2) LABOR REPRESENTATIVES.—The rep- annual operating plans of the one-stop career 203(b) shall, within parameters established resentatives of organized labor under sub- centers; by the National Board, and after consulta- section (c)(1)(B)(i) shall be selected from (iii) establish annual performance stand- among individuals recommended by recog- tion with the workforce development boards ards, customer service quality criteria, and nized State and local labor federations. in the State, prescribe adjustments to the outcome measures for the one-stop career (3) OTHER MEMBERS.—The members of the performance criteria prescribed under sub- centers, consistent with measures developed workforce development board described in sections (a) and (b) for the unified service de- pursuant to sections 220; subparagraphs (A), (D), and (E) of subsection livery areas based on— (iv) assess the results of programs and (1) specific economic, geographic, and de- (c)(1) shall be selected by chief local elected officials in accordance with subsection (e) services; mographic factors in the State and in re- (v) ensure that services and skills provided gions within the State; and from individuals recommended by interested through the centers are of high quality and (2) the characteristics of the population to organizations. are relevant to labor market demands; and be served, including the demonstrated dif- (4) EXPERTISE.—The State Council and (vi) determine priorities for client services ficulties in serving special populations. Governor of each State shall ensure that the from Federal funding sources in the system; (d) USE OF CRITERIA.—The performance cri- workforce development board and the staff of (E) develop a strategy to disseminate teria developed pursuant to this section shall the State Council have sufficient expertise consumer reports produced under section 215 be utilized in lieu of similar criteria for pro- to effectively carry out the duties and func- to workers, jobseekers, and employers, and grams receiving Federal funding included in tions of existing local boards described under other individuals in the unified service deliv- the integrated system of the State, to the the laws relating to the applicable program. ery area; and extent determined by the State Council sub- (e) APPOINTMENT PROCESS.—In the case of a (2) may apply to the Secretary for a ject to the approval of the National Board. unified service delivery area— (1) in which there is one unit of general matching grant pursuant to section 404 in Subtitle C—Local Level Activities local government, the chief elected official the amount of 50 percent of the cost of estab- SEC. 231. WORKFORCE DEVELOPMENT BOARDS. of such unit shall determine the number of lishing innovative models of workplace (a) ESTABLISHMENT.—In each State receiv- members to serve on the workforce develop- training and upgrading of incumbent work- ing an implementation grant under section ment board and appoint the members to such ers. 203(b), and subject to subsection (b) of this board from the individuals nominated or rec- (k) ADMINISTRATION.— section, the local elected officials of each ommended under subsection (d); and (1) IN GENERAL.—Each local workforce de- unified service delivery area shall establish a (2) in which there are 2 or more units of velopment board shall have the authority to workforce development board to administer general local government, the chief elected receive and disburse funds made available for the workforce development assistance pro- officials of such units shall determine the carrying out the provisions of this Act and vided by all the programs in the integrated number of members to serve on the shall employ its own staff, independent of workforce development system in such area. workforce development board and appoint local programs and service providers. (b) EXCEPTION.—States with a single uni- the members to such board from the individ- (2) FUNDING.—Each workforce development fied delivery area with contiguous borders uals nominated or recommended under sub- board shall receive a portion of its funding shall not be subject to the requirement of section (d), in accordance with an agreement from the implementation grant of the State, subsection (a). entered into by such units of general local with additional funds made available from (c) MEMBERSHIP.— government or, in the absence of such an participating programs. N GENERAL (1) I .—Each workforce develop- agreement, by the Governor of the State in (l) CONFLICT OF INTEREST.—No member of a ment board shall be comprised of— which the unified service delivery area is lo- workforce development board shall cast a (A) representatives of business and indus- cated. vote on the provision of services by that try, who shall constitute a majority of the (f) TERMS.—Each workforce development member (or any organization which that board and who shall be business leaders in board shall establish, in its bylaws, terms to member directly represents) or vote on any the unified service delivery area; be served by its members, who may serve matter that would provide direct financial (B)(i) representatives of State and local or- until the successors of such members are ap- benefit to such member. ganized labor organizations, who shall be se- pointed. lected from among individuals nominated by (g) VACANCIES.—Any vacancy on a SEC. 232. WORKFORCE DEVELOPMENT BOARD recognized State labor federations; and workforce development board shall be filled POLICY BLUEPRINT. (ii) representatives of community-based or- in the same manner as the original appoint- (a) IN GENERAL.—Each workforce develop- ganizations, who shall be selected from ment was made. ment board shall prepare and submit to the January 9, 1995 CONGRESSIONAL RECORD — SENATE S 667 State Council a biennial report, to be known (5) assess the level of services to hard-to- (5) other specialized employment and as the workforce development board policy serve populations in relation to the number training services. blueprint, except that in States with a single served and the outcomes for those during the (g) CONFLICTS.—Any entity that performs unified service delivery area, the additional preceding 3 years. one-stop career center functions shall be pro- elements required in the regional blueprint SEC. 234. ONE-STOP CAREER CENTERS. hibited from making an education and train- shall be incorporated into the State Blue- (a) ESTABLISHMENT.—Each workforce de- ing referral to itself. print. velopment board receiving funds under an (h) FEES.— (b) REQUIREMENTS.—The workforce devel- implementation grant awarded under section (1) IN GENERAL.—Except as provided in opment board policy blueprint shall— 203(b) shall develop and implement a net- paragraph (2), each one-stop career center (1) include a list of the key industries and work of one-stop career centers in the uni- may charge fees for the services described in industry clusters of small- to mid-size firms fied service delivery area of the workforce subsection (f), subject to approval by the that are most critical to the current and fu- development board. The one-stop career cen- workforce development board. ture economic competitiveness of unified ters shall provide jobseekers, workers, and (2) LIMITATION.—No fee may be charged for service delivery area; businesses universal access to a comprehen- any service that an individual would be eligi- (2) identify the workforce development sive array of quality employment, education, ble to receive at no cost under a participat- needs of the critical industries and industry and training services. ing program. clusters; (b) PROCEDURES.—Each workforce develop- (3) INCOME.—Income received by a one-stop (3) summarize the capacity of local edu- ment board shall, in conjunction with local career center from the fees collected shall be cation and training providers to respond to elected official or officials in the unified used by the workforce development board to the workforce development needs; service delivery area, and consistent with expand or enhance one-stop career centers (4) indicate how the local workforce devel- criteria specified in section 214(a)(11), select available within the unified service delivery opment programs intend to strategically de- a method for establishing one-stop career area. ploy resources available from implementa- centers. (i) CORE DATA ELEMENTS AND COMMON tion grants and existing programs operating (c) ELIGIBLE ENTITIES.—Each entity within DEFINITIONS.—Each one-stop career center in the unified service delivery area to better the unified service delivery area that per- shall adopt the core data elements and com- meet the workforce development needs of forms the functions specified in subsections mon definitions as specified section 204(b), critical industries and industry clusters in (e) and (f) for any of the programs in the in- and updated by the National Board. the unified service delivery area and enhance tegrated workforce development system (j) OPERATING AGREEMENTS.— program performance; shall be eligible to be selected as a one-stop (1) IN GENERAL.—Each one-stop career cen- (5) include a plan to develop one-stop ca- career center. ter operator shall enter into a written agree- reer centers, as described in section 234, in- (d) PERIOD OF SELECTION.—Each one-stop ment with the workforce development board cluding an estimate of the costs in personnel career center operator shall be designated concerning the operation of the center. and other resources to develop a network for two-year periods. Every 2 years, one-stop (2) APPROVAL.—The agreement shall— adequate to provide universal access to such career center designations shall be reevalu- (A) be subject to the approval of— centers in the local labor market; ated by the workforce development board (i) the local chief elected official or offi- (6) describe how services will be main- based on performance indicated in the uni- cials; tained to all groups served by the participat- fied service delivery area report card and (ii) the State Council; and ing programs in accordance with their legis- other criteria established by the workforce (iii) the Governor of the State in which the lative intent, including hard-to-serve popu- development board and the State Council. center is located; and lations; (e) BROKERAGE SERVICES TO INDIVIDUALS.— (B) shall address— (7) identify actions for building the capac- Each one-stop career center shall make (i) the services to be provided; ity of the workforce development system in available to the public, at no cost— (ii) the role that local officials of the Unit- the unified service delivery area; and (1) outreach to make individuals aware of, ed States Employment Service will play in (8) report on the level and recent changes and encourage the use of, services available the operation of one stop career centers in in earned income of workers in the local from workforce development programs oper- the unified service delivery area; labor market, in relation to State and na- ating in the unified service delivery area; (iii) the financial and nonfinancial con- tional levels, by occupation and industry. (2) intake and orientation to the informa- tributions to be made to the centers from (c) USE IN OTHER REPORTS.—The workforce tion and services available through the one- funds made available pursuant to section development board policy blueprint may be stop career center; 203(b) and all participating workforce devel- utilized in lieu of local planning reports re- (3) preliminary assessments of the skill opment programs; quired by any other Federal law for any pro- levels (including appropriate testing) and (iv) methods of administration; gram included in the integrated workforce service needs of individuals, including— (v) procedures to be used to ensure compli- development system, subject to the approval (A) basic skills; ance with statutory requirements of the pro- of the State Council. (B) occupational skills; grams in the integrated workforce develop- SEC. 233. REPORT CARD. (C) prior work experience; ment system; and (a) IN GENERAL.—Each workforce develop- (D) employability; (vi) other elements, as required by the ment board shall annually prepare and sub- (E) interests; workforce development board or the State mit to the State Council a unified service de- (F) aptitude; and Council under section 214(a). livery area report card in accordance with (G) supportive service needs; SEC. 235. CAPACITY BUILDING. this section. The report card shall describe (4) job search assistance, including resume (a) IN GENERAL.—Each workforce develop- the performance of all workforce develop- and interview preparation and workshops; ment board shall identify actions to be taken ment programs and service providers, includ- (5) information relating to the supply, de- for building the capacity of the workforce ing the one-stop career centers, operating in mand, price, and quality of job training serv- development system in such unified service the area that is included in the integrated ices available in each unified service delivery delivery, except that in States with a single workforce development system. In States area in the State pursuant to section 501(c); unified delivery area, the State Council shall with a single unified service delivery area, (6) information relating to eligibility re- be responsible for carrying out the activities the State Council shall prepare the report quirements and sources of financial assist- under this section. card. ance for entering the programs described in (b) FUNDING.—The State Council shall (b) REQUIREMENTS.—The report card shall— 501(c)(2)(C); and make funds available to each workforce de- (1) report on the relationship between serv- (7) referral to appropriate job training, em- velopment board for capacity building ac- ices provided and the local labor market ployment, and employment-related edu- tivities from funds made available under sec- needs as described in the workforce develop- cation or support services in the unified tion 203(b) and any other funds within the in- ment board policy blueprint; service delivery area. tegrated workforce development budget of (2) using the quality assurance system in- (f) BROKERAGE SERVICES TO EMPLOYERS.— the State. For the activities described in formation established pursuant to section Each one-stop career center shall provide to subsection (c), the workforce development 215, include an analysis of employment-relat- each requesting employer— board may also submit requests to the State ed, and other outcomes achieved by the pro- (1) information relating to supply, demand, Council to redirect a portion of training and grams and service providers operating in the price, and quality of job training services technical assistance resources available from area; available in each unified service delivery any of the workforce development programs (3) identity the performance of the one- area in the State, consistent with the included in the integrated system within the stop career centers; consumer reports described in section 215; unified service development area of the (4) detail the economic and demographic (2) customized screening and referral of in- workforce development board. characteristics of individuals served com- dividuals for employment; (c) TYPES OF ACTIVITIES.—Capacity build- pared to the characteristics of the general (3) customized assessment of skills of the ing activities may include— population of the unified service delivery current workers of the employer; (1) training of workforce development area, and the jobseekers, workers, and busi- (4) an analysis of the skill needs of the em- board members; nesses of such area; and ployer; and (2) staff training; S 668 CONGRESSIONAL RECORD — SENATE January 9, 1995 (3) technical assistance regarding manag- (C) ensure that such individual is aware of State that desire to receive funds from a ing systemic change; consumer information available in the cen- training account under this title, but are not (4) customer service training; ter relating to providers of education and eligible to participate in programs under (5) organization of peer-to-peer network for training, local occupations in demand, and title IV of the Higher Education Act of 1965. training, technical assistance, and informa- other appropriate labor market factors. Such procedure shall establish minimum ac- tion sharing; (b) DURATION; AMOUNT OF ACCOUNT.— ceptable levels of performance for such pro- (6) organizing a best practices database (1) DURATION.—Upon approval of an appli- viders based on factors and guidelines devel- covering the various system activities; and cation submitted pursuant to subsection (a), oped by the Secretary, after consultation (7) training for local staff on the principles an individual may be provided a training ac- with the Secretary of Education. Such fac- of quality management and decentralized de- count for a maximum of 2 years within any tors shall be comparable in rigor and scope cisionmaking. 5-year period. to those provisions of part H of such title of (2) AMOUNT OF ACCOUNT.—The total amount TITLE III—ENHANCING INDIVIDUAL such Act that are used to determine an insti- deposited into a training account for an indi- CHOICE THROUGH TRAINING ACCOUNTS tution of higher education’s eligibility to vidual for any fiscal year shall be equal to participate in programs under such title as SEC. 301. PURPOSE. the greater of the maximum amount of a are appropriate to the type of provider seek- It is the purpose of this title to promote Pell grant established— ing eligibility under this subsection and the the establishment of a market-driven system (1) pursuant to paragraphs (2)(A) and (3)(A) nature of the education and training services for the provision of services that will en- of section 401(b) of the Higher Education Act to be provided. hance the quality and range of choices avail- of 1965 for such year; or (2) LIMITATION.—Notwithstanding para- able to individuals for obtaining appropriate (2) by an appropriation Act for such year. graph (1), if the participation of an institu- education and training. (c) USE OF FUNDS.—An account established tion of higher education in any of the pro- SEC. 302. ESTABLISHMENT. under subsection (b) may be used by an indi- grams under title IV of the Higher Education (a) IN GENERAL.—Each State receiving an vidual to pay for education and training pro- Act of 1965 is terminated, such institution implementation grant pursuant to section vided by a service provider meeting the eligi- shall not be eligible to receive funds under 203(b) shall establish a training account sys- bility requirements described in section 305. this Act for a period of 2 years beginning on tem for the provision of education and train- (d) ADMINISTRATIVE PROCEDURES.—Not the date of such termination. ing that meets the requirements of this title. later than 180 days after the date of enact- (c) ADMINISTRATION.— ment of this Act, the Secretary, in consulta- (b) DEFINITION.—For purposes of this title, (1) STATE AGENCY.—Upon the recommenda- the term ‘‘education and training’’ means tion with the Secretary of Education, and tion of the State Council, the Governor of the services described in clauses (v) and (ix) the Secretary of Health and Human Services each State receiving an implementation of section 204(b)(1)(C) and such other services shall issue regulations applicable to the ad- grant pursuant to section 203(b) shall des- as the Secretary, in consultation with the ministration of a training account under this ignate a State agency or agencies to collect, Secretary of Education, the Secretary of title that, consistent with the other provi- verify, and disseminate the performance- Health and Human Services, and the Na- sions of this title, specify— based information submitted by eligible pro- tional Board, determines are appropriate. (1) the application requirements relating viders. to a training account; (2) APPLICATION.—A provider of education SEC. 303. PARTICIPATION OF WORKFORCE DE- (2) the method of payment to providers VELOPMENT PROGRAMS. and training services that desires to be eligi- from a training account, including appro- ble to receive funds under this title shall (a) DISLOCATED WORKERS.—Notwithstand- priate payment schedules and appropriate ing the Job Training Partnership Act, each submit to the State agency or agencies the payment for education or training in which information required under paragraph (1) at State that receives an implementation grant an individual enrolled but did not complete; pursuant to section 203(b) shall use the funds such time and in such form as such State (3) the financial and management informa- agency or agencies may require. made available under title III of the Job tion systems to be used to administer the Training Partnership Act and the funds ap- (3) LIST OF ELIGIBLE PROVIDERS.—The State training accounts; agency or agencies shall compile a list of eli- propriated under section 3(a) to provide edu- (4) the Federal, State, and local roles with cation and training under title III of such gible providers, accompanied by the perform- respect to oversight of the training account ance-based information submitted, and dis- Act only through the training account sys- system and enforcement of the requirements tem established pursuant to this title. Not- seminate such list and information to the of this title; one-stop career centers in the State. withstanding section 315 of such Act, not less (5) the manner in which the costs of admin- than 60 percent of the funds available to the istering the training account system will be SEC. 306. EVALUATION AND RECOMMENDATIONS. State under such title III shall be used to determined and apportioned; The National Workforce Development carry out the training account system. (6) the performance-based information to Board shall evaluate the administration and (b) ADDITIONAL PROGRAMS.—Beginning 1 be submitted by eligible providers of edu- effectiveness of the training account system year or later after a State has commenced cation and training and procedures for veri- in enhancing individual choice and promot- administration of the training account sys- fying the accuracy of such information; and ing high-quality education and training and tem described in subsection (a), the State (7) such other procedures or conditions the shall include the evaluation, accompanied by may provide education and training through Secretary determines are necessary to en- recommendations, in the National Report the training account system to adults eligi- sure the effective implementation of the Card developed pursuant to section 202(c)(1) ble to participate in other workforce devel- training account system. and the joint resolution to the President and opment programs if— (e) DESCRIPTION OF SYSTEM IN STATE BLUE- the Congress pursuant to section 104(b). (1) the State— PRINT.—The State blueprint developed pursu- SEC. 307. REPORT RELATING TO INCOME SUP- (A) identifies the additional workforce de- ant to section 214(a) shall include a descrip- PORT. velopment programs in the State blueprint tion of how the State will administer the (a) SENSE OF CONGRESS.—It is the sense of developed pursuant to section 214(a) or in an training account system and will ensure the Congress that— amendment to such blueprint; and compliance with the requirements of this (1) many dislocated workers and economi- (B) describes how such programs will be in- title. cally disadvantaged adults are unable to en- tegrated into such system; and SEC. 305. ELIGIBILITY REQUIREMENTS FOR PRO- roll in long-term job training because such (2) not less than two-thirds of the voting VIDERS OF EDUCATION AND TRAIN- workers and adults lack income support members of the National Workforce Develop- ING SERVICES. after unemployment compensation is ex- ment Board approves the inclusion of the (a) ELIGIBILITY REQUIREMENTS.—A provider hausted; programs identified pursuant to paragraph of education and training services shall be (2) evidence suggests that long-term job (1) into the training account system estab- eligible to receive funds from a training ac- training is among the most effective adjust- lished in the State. count under this title if such provider— ment service in assisting dislocated workers SEC. 304. ADMINISTRATION. (1) is either— and economically disadvantaged adults to (a) APPLICATION TO ESTABLISH ACCOUNT.— (A) eligible to participate in programs obtain employment and enhance wages; and (1) IN GENERAL.—An individual who is eligi- under title IV of the Higher Education Act of (3) there is a need to identify options relat- ble to receive education and training under a 1965; or ing to how income support may be provided workforce development program participat- (B) determined to be eligible under the pro- to enable dislocated workers and economi- ing in the training account system pursuant cedures described in subsection (b); and cally disadvantaged adults to participate in to this title may apply to establish a train- (2) uses the common definitions and per- long-term job training. ing account only at a one-stop career center formance-based information described in sec- (b) REPORT.—Not later than 120 days after established under section 234. tion 204(b). the date of enactment of this Act, the Sec- (2) DUTIES OF CAREER CENTERS.—The career (b) ALTERNATIVE ELIGIBILITY PROCEDURE.— retary of Labor shall submit to the Congress center shall— (1) IN GENERAL.—The Governor of each a report that— (A) assist such individual in completing State receiving an implementation grant (1) examines the need for income support the application; pursuant to section 203(b) shall establish an to enable dislocated workers and economi- (B) provide information relating to the op- alternative eligibility procedure for provid- cally disadvantaged adults to participate in eration of the training account system; and ers of education and training services in such long-term job training; January 9, 1995 CONGRESSIONAL RECORD — SENATE S 669

(2) identifies options relating to how in- (1) IN GENERAL.—The Secretary, with the (B) efficient hiring, effective worker train- come support can be provided to such work- advice of the National Board, shall award a ing, and appropriate location and organiza- ers and adults; and grant under this section only if the Sec- tion of work by employers; (3) contains such recommendations as the retary determines, from the grant applica- (2) accountability, through planning and Secretary of Labor determines are appro- tion, that the grant will be used to maintain evaluation, in workforce development and priate. or enhance the competitive position of local job placement programs funded by the Fed- TITLE IV—PRIVATE-PUBLIC LINKAGES industries that are committed to making the eral Government or developed by other pub- investments necessary to develop the skills lic or private entities; SEC. 401. PURPOSE. of their workers. (3) equity and efficiency in the allocation The purpose of this title is to begin to (2) CRITERIA.—In awarding grants under of Federal funds; and more explicitly link federally funded this section, the Secretary shall take into (4) greater understanding of local labor workforce development programs with train- account— market dynamics through the support of re- ing practices and systems utilized by work- (A) the policy priorities and training needs search. ers and firms in the private sector. of local industries identified in the local (b) PURPOSE.—The purpose of this title is SEC. 402. INCENTIVES TO ENCOURAGE WORKER workforce development policy blueprints; to provide for the development, mainte- TRAINING. (B) whether there is a demonstrated need nance, and continuous improvement of a na- Not later than 180 days after the date of for skill upgrading to maintain firm or in- tionwide integrated system for the collec- enactment of this Act, the National Board dustry competitiveness; tion, analysis, and dissemination of labor shall make recommendations to the appro- (C) whether the application contains pro- market information. priate committees of Congress and the Presi- posals for training that will directly lead to (c) SYSTEM.— dent on what measures can be taken, includ- increased earnings of front-line workers; (1) DEVELOPMENT.—The Secretary, in co- ing changes in the tax codes— (D) whether the labor organizations rep- operation with the National Board, the State (1) to encourage employers and workers to resenting such front-line workers support Councils, where appropriate, and the Gov- invest in training and skills upgrading; the grant proposal; ernors, shall oversee and ensure the develop- (2) to encourage employers to hire and (E) initiatives by firms or firm partner- ment, maintenance, and continuous improve- train hard-to-serve individuals; and ships to develop high performance work or- ment of a nationwide integrated system of (3) to provide income support to enable job- ganizations; labor market information that will— seekers and workers to participate in long- (F) whether the grant proposal meets the (A) promote comprehensive workforce de- term training programs. training needs of small- and medium-sized velopment planning, evaluation, and service SEC. 403. LABOR DAY REPORT ON PRIVATE-PUB- firms; integration; LIC TRAINING PRACTICES. (G) whether the grant proposal is focused (B) meet and be responsive to the customer Beginning on September 1, 1996, and in on workers with substantial firm or industry needs of jobseekers, employers, and public each succeeding year thereafter, the Na- tenure; and officials at all government levels who de- tional Board shall issue a report that— (H) whether the proposed industry activi- velop economic and social policy, allocate (1) analyzes how businesses in the United ties are integrated with private sector ac- funds, plan and implement workforce devel- States are— tivities under the School-to-Work Opportu- opment systems, are involved in career plan- (A) restructuring the workplace to provide nities Act of 1994. ning or exploration, and deliver integrated continuous learning for the employees of (d) USE OF FUNDS.—Grants awarded under services; such businesses; this section shall be used for skill enhance- (C) serve as the foundation for automated (B) improving the skills and abilities of the ment and training activities that may in- information delivery systems that provide front-line workers of such businesses; and clude— easy access to labor market, occupational (C) integrating public workforce develop- (1) basic skills; and career information; and ment programs into private sector training (2) occupational skills; (D) meet the Federal domestic policy goals systems; (3) statistical process control training; specified in section (a). (2) highlights innovative approaches that (4) total quality management techniques; (2) INFORMATION TO BE INCLUDED.—The inte- other countries are taking to encourage (5) team building and problem solving grated system described in paragraph (1) firms to invest in training the front-line skills; and shall include statistical data from survey workers of such firms and to ensure that (6) other training or activities that will re- and projection programs and data from ad- publicly funded workforce development pro- sult in the increased likelihood of job reten- ministrative reporting systems which, taken grams in such countries are relevant to the tion, higher wages, or increased firm com- together, shall enumerate, estimate, and training needs of workers and firms in the petitiveness. project the supply of and demand for labor at private sector; (e) FUNDING.— national, State, and local levels in a timely (3) reports on the progress being made by (1) COST SHARE.— manner, including data on— the National Skills Standards Board estab- (A) FEDERAL SHARE.—A grant awarded (A) labor market demand, such as— lished pursuant to section 503 of the National under this section shall be in an amount (i) profiles of occupations that describe job Skill Standards Act and the degree to which equal to 50 percent of the cost of carrying duties, education, and training require- publicly funded education and training pro- out the grant proposal. ments, skills, wages, benefits, working con- viders throughout the United States are in- (B) LOCAL SHARE.—As a condition to re- ditions, and the industrial distribution of oc- corporating industry-based skill standards ceiving Federal funds under this section, cupations; developed by the Board into program offer- local businesses, industry associations, and (ii) current and projected employment op- ings of such programs; and worker organizations shall provide funding portunities and trends, by industry and occu- (4) makes recommendations to Congress in an amount equal to 50 percent of the cost pation, including growth projections by in- and the President on ways to improve link- of carrying out the grant proposal. dustry, and growth and replacement need ages between federally funded industrial (2) LIMITATIONS.— projections by occupation; modernization programs and federally fund- (A) USE OF FUNDS.—Amounts awarded (iii) job openings, job locations, hiring re- ed workforce development programs. under this section shall not be used to pay quirements, and application procedures; SEC. 404. MATCHING GRANTS TO ENCOURAGE IN- the wages of workers during the training of (iv) profiles of industries and employers in CUMBENT WORKER TRAINING. such workers. the local labor market describing the nature (a) PURPOSE.—The purpose of this section (B) ADDITIONAL FUNDING.—Each recipient of the work performed, employment skill is to establish a program to award competi- of funds under this section shall certify that and experience requirements, specific occu- tive matching grants to assist local such funds shall supplement and not sup- pations, wages, hours, and benefits, and hir- workforce development boards respond to plant other public or private funds otherwise ing patterns; the training needs of front-line workers in spent on worker training. (v) industries, occupations, and geographic the communities in which such boards are TITLE V—INTEGRATED LABOR MARKET locations facing significant change or dis- located. INFORMATION SYSTEM location; and (b) APPLICATION.—Each local workforce de- SEC. 501. INTEGRATED LABOR MARKET INFOR- (vi) information maintained in a longitu- velopment board seeking a grant under this MATION. dinal manner on the quarterly earnings, es- section shall submit an application to the (a) FINDINGS.—The Congress finds that ac- tablishment, industry affiliation, and geo- State Council of the State in which such curate, timely, and relevant data for the Na- graphic location of employment for all indi- board is located, at such time, in such man- tion, States, and localities are required to viduals for whom such information is col- ner, and containing such information as the achieve Federal domestic policy goals, such lected by the States; Secretary may prescribe. Not later than 30 as— (B) labor supply, such as— days after receiving an application, the (1) economic growth and productivity (i) educational attainment, training, State Council shall review and forward the through— skills, skill levels, and occupations of the application, with comments, to the National (A) career planning and successful job population; Board and the Secretary. training and job searching by youth and (ii) demographic, socioeconomic character- (c) SELECTION OF GRANTEES.— adults; and istics, and current employment status of the S 670 CONGRESSIONAL RECORD — SENATE January 9, 1995 population, including self-employed, part- SEC. 502. RESPONSIBILITIES OF THE NATIONAL from all sources, assess the adequacy of the time, and seasonal workers; BOARD. funds and identify the specific budget needs (iii) jobseekers, including their education (a) IN GENERAL.—The National Board shall of the Federal and State workforce develop- and training, skills, skill levels, employment plan, review, and evaluate the Nation’s inte- ment agencies with respect to implementing experience, and employment goals; grated labor market information system. and improving an integrated labor market (b) DUTIES.—The National Board shall— (iv) the number of workers displaced by information system and the activities of (1) be responsible for providing policy guid- permanent layoffs and plant closings by in- such agencies with respect to data compila- dustry, occupation, and geographic location; ance; tion, analysis, and dissemination for each and (2) evaluate the integrated labor market fiscal year in which the plan is developed; (v) current and projected training information system and ensure the coopera- completers who have acquired specific occu- tion of participating agencies; and (D) develop a budget for an integrated pational or work skills and competencies; (3) recommend to the Secretary needed im- labor market information system that ac- and provements in Federal, State, and local in- counts for all funds in subparagraph (C) and (C) consumer information, which shall be formation systems to support the develop- any new funds made available pursuant to current, comprehensive, localized, auto- ment of an integrated labor market informa- this Act, and describes the relative allot- mated, and in a form useful for immediate tion system. ments to be made for— employment, entry into training and edu- SEC. 503. RESPONSIBILITIES OF THE SECRETARY. (i) the operation of the cooperative statis- cation programs, and career exploration, in- (a) IN GENERAL.—The Secretary shall man- tical programs under section 501(c)(2); cluding— age the investment in an integrated labor (ii) ensuring that technical standards are (i) job openings, locations, hiring require- market information system by— met pursuant to section 501(c)(3); and ments, application procedures, and profiles (1) reviewing all requirements for labor (iii) consumer information and analysis, of employers in the local labor market de- market information across all programs matching data, dissemination, technical as- scribing the nature of the work performed, within the system; sistance, and research under paragraphs employment requirements, wages, benefits, (2) developing a comprehensive annual (2)(C), (4), and (5) of section 501(c); and hiring patterns; budget, including funds at the Federal level, (E) describe the existing system, informa- (ii) jobseekers, including their education funds allotted to States by formula, and tion needs, and the development of new data and training, skills, skill levels, employment funds supplied to the States by contracts experience, and employment goals; programs, analytical techniques, definitions with departmental entities; and standards, dissemination mechanisms, (iii) the labor market experiences, in terms (3) administering grants allotted to States governance mechanisms, and funding proc- of wages and annual earnings, by industry by formula; esses to meet new needs; and occupation, of workers in local labor (4) negotiating and executing contracts (F) summarize the results of an annual re- markets, by sex and racial or ethnic group, with the States; including information on hard-to-serve popu- (5) coordinating the activities of Federal view of the costs to the States of meeting lations; workforce development agencies responsible contract requirements for data production, (iv) education courses, training programs, for collecting the statistics and program ad- including a description of how the budget re- and job placement programs, including infor- ministrative data that comprise the inte- quest for an integrated labor market infor- mation derived from statistically based per- grated system and disseminating labor mar- mation system will cover such costs; formance evaluations and their user satisfac- ket information at the National, State, re- (G) describe how the State Councils will be tion ratings; and gional, and local levels; and reimbursed for carrying out the duties for (v) eligibility for funding and other assist- (6) ensuring that standards are designed to labor market information; ance in job training, job search, income sup- meet the requirements of chapter 35 of title (H) recommend methods to simplify and port, supportive services, and other employ- 44, United States Code, and are coordinated integrate automated client intake and eligi- ment services. and consistent with other appropriate Fed- bility determination systems across (3) TECHNICAL STANDARDS.—The integrated eral standards established by the Bureau of labor market information system shall use workforce development programs to permit Labor Statistics and other statistical agen- common standards that will include— easy determination of eligibility for funding cies. (A) standard classification and coding sys- and other assistance in job training, job (b) REQUIREMENTS.—In carrying out the du- tems for industries, occupations, skills, pro- search, income support, supportive services, ties of the Secretary under this section, the grams, and courses; and other reemployment services; and Secretary shall— (B) nationally standardized definitions of (I) provide for the involvement of States in (1) in consultation with the States and the terms consistent with subsections (b), (c), developing the plan by holding formal con- private sector, define a common core set of and (d) of section 204 and with paragraph (2); sultations conducted in cooperation with labor market information data elements as (C) a common system for designating geo- representatives of the Governor or State specified in section 501(c)(2) that will be con- graphic areas consistent with the unified Council, where appropriate, pursuant to a service delivery areas; sistently available across States in an inte- grated labor market information system; process established by the National Board. (D) data standards and quality control (d) ASSISTANCE FROM OTHER AGENCIES.— mechanisms; and and (2) ensure that data is sufficiently timely The Secretary may receive assistance from (E) common schedules for data collection member and other Federal agencies (such as and dissemination. and locally detailed for use, including uses the Bureau of Labor Statistics and the Em- (4) AVAILABILITY OF INFORMATION.—Data specified in subsections (b) and (c)(2) of sec- ployment and Training Administration of generated by the labor market information tion 501. system including information on quarterly (c) ANNUAL PLAN.— the Department of Labor, the Administra- employment and earnings, together with (1) IN GENERAL.—The Secretary shall annu- tion on Children and Families of the Depart- matched data on individuals who have par- ally prepare and submit to the National ment of Health and Human Services, and the ticipated in a federally supported job train- Board for review, a plan for improving the Office of Adult and Vocational Education ing activity, shall be made available to the Nation’s integrated labor market informa- and the National Center for Education Sta- National Board for use in the preparation of tion system. The Secretary shall also submit tistics of the Department of Education) to the National Report Card. Aggregate level the plan, together with the comments and assist in the collection, analysis, and dis- information shall be made available to con- recommendations of the National Board, to semination of labor market information, and sumers in automated information delivery the President and Congress. in the provision of training and technical as- systems. (2) CONTENTS.—The plan shall describe the sistance to users of information, including (5) DISSEMINATION, TECHNICAL ASSISTANCE, budgetary needs of the labor market infor- States, employers, youth, and adults. AND RESEARCH.—The Secretary, in coopera- mation system, and shall describe the activi- tion with the National Board, the Governors, ties of such Federal agencies with respect to SEC. 504. RESPONSIBILITIES OF GOVERNORS. and State Councils, where appropriate, shall data collection, analysis, and dissemination (a) DESIGNATION OF STATE AGENCY.—The oversee the development, maintenance, and for each fiscal year succeeding the fiscal Governor of each State and the State Coun- continuous improvement of— year in which the plan is developed. The plan cil, where appropriate, shall designate one (A) dissemination mechanisms for data and shall— State agency to be the agency responsible analysis, including mechanisms that may be (A) establish goals for system development for— standardized among the States; and improvement based on information (1) the management and oversight of a (B) programs of technical assistance and needs for achieving economic growth and statewide comprehensive integrated labor productivity, accountability, fund allocation staff development for States and localities, market information system; and including assistance in adopting and utiliz- equity, and an understanding of labor mar- (2) developing a State unified labor market ing automated systems and improving the ket characteristics and dynamics; information budget on an annual basis. access, through electronic and other means, (B) specify the common core set of data to labor market information; and that shall be included in the integrated labor (b) REQUIREMENTS.—As a condition of re- (C) programs of research and demonstra- market information system; ceiving Federal financial assistance under tion, on ways to improve the products and (C) describe the current spending on inte- this title, the Governor or State Council, processes authorized by this section. grated labor market information activities where appropriate, shall— January 9, 1995 CONGRESSIONAL RECORD — SENATE S 671 (1) develop, maintain, and continuously resolution to the President and Congress These steps include: recommending improve a comprehensive integrated labor containing recommendations for a new pub- changes in the tax codes to encourage em- market information system, which shall— lic/private workforce development system ployers and workers to invest in training and (A) include the data specified in section suitable for the needs of the 21st century. To skills upgrading for both existing workers 501(c)(2); ensure that Congress acts on these rec- and hard-to-serve individuals; analyzing how (B) be responsive to the needs of the State ommendations, twenty separate programs businesses and labor in the United States are and the localities of such State for planning with more than $4 billion in funding will sun- restructuring the workplace to provide con- and evaluative data, including employment set September 30, 1999. The National Board tinuous learning for their employees; and economic analyses and projections, and will itself be sunsetted after if issues this overseeing the degree to which publicly program outcome data on employment and joint resolution. funded education and training providers earnings for the quality assurance system TITLE II MARKET BUILDING ACTIVITIES throughout the United States are incor- under section 204; and This title establishes a framework at the porating industry-based skill standards into (C) meet Federal standards under chapter federal, state, and local levels for key stake- their program offerings; and making match- 35 of title 44, United States Code, and other holders to work cooperatively to build the ing grants available on a competitive basis appropriate Federal standards established by information, accountability, and brokerage to encourage firms to develop innovative ap- the Bureau; systems needed to transform currently feder- proaches to upgrade the skills of their front- (2) ensure the performance of contract and ally funded job training programs into a line workers. grant responsibilities for data compilation, market-driven workforce development sys- analysis, and dissemination; tem. TITLE V LABOR MARKET INFORMATION (3) conduct such other data collection, At the federal level, new streamlined ac- This title establishes a comprehensive analysis, and dissemination activities as will countability, labor market information and labor market information system to provide ensure the availability of comprehensive management systems will replace the myr- accurate, timely data to improve the func- State and local labor market information; iad of existing federal monitoring and com- tioning of local labor markets. These new in- (4) coordinate the data collection, analysis, pliance systems currently utilized by sepa- formation systems will allow job seekers, and dissemination activities of other State rate categorical programs. All states will re- workers and firms to determine where the and local agencies, with particular attention ceive grants to develop these new systems growth industries are in their communities, to State education, economic development, which will, for the first time, give policy what skills jobs in these industries require, human services, and welfare agencies, to en- makers and individuals a clear sense of how and which local training providers are suc- sure complementary and compatibility well each program is doing in preparing and among data; and cessfully meeting the training needs of these placing people in jobs. Each year the Na- industries. (5) cooperate with the National Board and tional Board will issue a National Report the Secretary by making available, as re- Card documenting the performance of the FUNDING quested, data for the evaluation of programs nation’s workforce development system. This bill authorizes funding of $250 million covered by the labor market information and States will be given the opportunity to in fiscal year 1996—$160 million for the mar- the quality assurance systems under section compete for multi-year implementation 204. ket building activities identified in Title II grants to experiment with new approaches to and the matching grants for incumbent (c) NONINTERFERENCE WITH STATE FUNC- building a market-driven workforce develop- worker training in Title IV; and the remain- TIONS.—Nothing in this Act shall limit the ment system. States that receive these ability of the State agency designated under ing $90 million for the development of the in- grants will create a new tripartite State this section to conduct additional data col- tegrated labor market information system lection, analysis, and dissemination activi- Workforce Development Council to replace described in Title V. The funds are not new ties with funds derived from sources other the multiple existing boards created by sepa- spending, but are cost savings realized from than this Act. rate federal job training programs. These streamlining activities undertaken in Title Council’s responsibilities will include devel- I. THE WORKFORCE DEVELOPMENT ACT— oping a strategic plan that identifies ways to OVERVIEW integrate existing job training, education By Mr. HATCH: and economic development programs to meet The federal government currently spends the needs of critical industries in the state; S. 181. A bill to amend the Internal billions each year on a wide array of dif- and developing a quality assurance system Revenue Code, of 1986 to provide tax in- ferent job training programs. There is wide- to provide consumer reports on the supply, centives to encourage small investors, spread consensus that these programs are not collectively doing a good enough job of demand, price and quality of job training and for other purposes; to the Commit- preparing workers for high skill jobs in an services throughout the state. tee on Finance. increasingly competitive world economy. At the local level, private sector led boards S. 182. A bill to amend the Internal This bill takes immediate action to will be established to bring coherence to job Revenue Code of 1986 to encourage in- streamline and reform current job training training activities at the labor market level. vestment in the United States by re- These boards will identify the training needs programs. In addition, over the next four forming the taxation of capital gains, years states will be encouraged to experi- of critical industries in their region, and de- velop strategies to redeploy public and pri- and for other purposes; to the Commit- ment with creative new approaches to trans- tee on Finance. form federally-funded job training efforts vate training resources to respond to these needs. These boards will also be responsible from a collection of free standing bureau- CAPITAL GAINS TAX LEGISLATION cratically-driven programs into an inte- for establishing a network of one-stop career centers to provide local jobseekers, workers, Mr. HATCH. Mr. President, I rise grated and accountable market-driven today to introduce two pieces of cap- workforce development system. and businesses universal access to a com- After examining lessons learned from the prehensive array of quality employment ital gains tax legislation that will sig- experimentation taking place in the states, services. nificantly change and improve Ameri- Congress will act upon recommendations to TITLE III ENHANCING INDIVIDUAL CHOICE ca’s capital formation, tax fairness, create a new system to help workers to com- This title will promote the establishment and saving rate. These bills are alter- pete in the 21st century economy. of a market-driven workforce development native solutions to reform a tax code TITLE I STREAMLINING AND CONSOLIDATION system by establishing training accounts that discourages investment and un- This title immediately repeals 15 duplica- that make vouchers available to individuals fairly taxes investors on gains caused tive or outmoded programs and encourages to allow them to choose the education and solely by inflation. Enactment of ei- training service most appropriate for their states to compete for grants to set up inte- ther of these bills would strengthen grated workforce development system that own career advancement. States that receive implementation grants this Nation’s precarious economic con- will, over time, include one-stop career cen- dition by stimulating economic growth ters and voucher programs for a wide range to establish market-driven workforce devel- of adult training programs. opment systems will initially establish and creating new jobs. This title establishes an expedited wavier training accounts from which dislocated These bills are the Small Investors authority process to allow states and com- workers can receive vouchers. States will Tax Relief Act of 1995 and the Capital munities to waive programmatic require- also have the option, over time, of convert- Formation and Jobs Creation Act of ments that may impede the ability of those ing additional training programs into a 1995. voucher system, subject to the approval of that are willing to embark on the challenge Mr. President, the first bill, the of building a more integrated workforce de- the National Board. TITLE IV PRIVATE-PUBLIC LINKAGES Small Investors Tax Relief Act of 1995 velopment system. [SITRA], features three simple provi- This title also establishes a clear time- This title take steps to begin to explicitly table and process for taking action on the link federally funded workforce development sions that solve several problems that lessons learned from the experiments under- programs with training practices and sys- face America’s small investors. First, taken by the states. By June 1, 1999, a tri- tems utilized by workers and firms in the it gives every individual an annual ex- partite National Board must submit a joint private sector. emption from capital gains of $10,000 S 672 CONGRESSIONAL RECORD — SENATE January 9, 1995 per year. This amount is doubled on a The two bills I am introducing today tiple of $100, such dollar amount shall be joint return and the thresholds are in- offer different approaches to increasing rounded to the next lowest multiple of $100. dexed for inflation. This provision will economic growth, creating jobs, and ‘‘(c) SPECIAL RULES.—For purposes of this encourage lower- and middle-income enhancing fairness to taxpayers. I urge section— ‘‘(1) DISTRIBUTIONS FROM REGULATED IN- taxpayers to save and invest in stocks, my colleagues to take a look at these VESTMENT COMPANIES AND REAL ESTATE IN- bills as we consider how to best im- real estate, or a new business. It will VESTMENT TRUSTS.—Subsection (a) shall also unlock billions of dollars of unre- prove our Tax Code this year. I will apply with respect to distributions by— alized capital gains in this country and have more to say on the need for cap- ‘‘(A) regulated investment companies to put it to work creating new jobs. ital gains tax reductions and the dif- the extent provided in section 854(c), and Second, SITRA provides an annual ferent approaches of these two bills in ‘‘(B) real estate investment trusts to the exemption from tax for the first $1,000 the days to come. My main purpose in extent provided in section 857(c). of interest and dividends earned by in- introducing these bills today is to get ‘‘(2) DISTRIBUTIONS BY A TRUST.—For pur- these ideas before my colleagues and poses of subsection (a), the amount of divi- dividuals each year. The exemption dends and interest properly allocable to a threshold is $2,000 for joint returns and before the Nation. I ask unanimous consent that the text of the Small In- beneficiary under section 652 or 662 shall be is also indexed for inflation. This provi- deemed to have been received by the bene- sion will provide a tremendous incen- vestors Tax Relief Act of 1995 and the ficiary ratably on the same date that the tive for taxpayers to invest, rather Capital Formation and Jobs Creation dividends and interest were received by the than spend, their dollars. Our current Act of 1995 be printed in the RECORD. estate or trust. tax law actually discourages savings by There being no objection, the bills ‘‘(3) CERTAIN NONRESIDENT ALIENS INELI- taxing every cent of earnings from in- were ordered to be printed in the GIBLE FOR EXCLUSION.—In the case of a non- RECORD, as follows: resident alien individual, subsection (a) shall terest and dividends. The result is a S. 181 apply only— miserably low saving rate for the Unit- ‘‘(A) in determining the tax imposed for Be it enacted by the Senate and House of Rep- ed States. All of our major trading the taxable year pursuant to section 871(b)(1) resentatives of the United States of America in and only in respect of dividends and interest partners enjoy a higher saving rate Congress assembled, than does than the United States. Yet, which are effectively connected with the SECTION 1. SHORT TITLE; AMENDMENT OF 1986 conduct of a trade or business within the our long-term prosperity demands a CODE. United States, or higher rate of savings, according to (a) SHORT TITLE.—This Act may be cited as ‘‘(B) in determining the tax imposed for the ‘‘Small Investors Tax Relief Act of 1995’’. practically every economist. This bill the taxable year pursuant to section 877(b).’’ (b) AMENDMENT OF 1986 CODE.—Except as will go a long way toward providing (b) CLERICAL AND CONFORMING AMEND- the encouragement that is now lacking otherwise expressly provided, whenever in this Act an amendment or repeal is ex- MENTS.— for taxpayers to save money. pressed in terms of an amendment to, or re- (1) The table of sections for part III of sub- Finally, SITRA would provide for in- peal of, a section or other provision, the ref- chapter B of chapter 1 is amended by insert- dexing the bases of most capital assets erence shall be considered to be made to a ing after the item relating to section 115 the to eventually eliminate the unfair tax- section or other provision of the Internal following new item: ation of gains caused solely by infla- Revenue Code of 1986. tion. There is nothing fair about hav- SEC. 2. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. ‘‘Sec. 116. Partial exclusion of dividends and ing to pay tax on inflationary gains. interest received by individ- (a) IN GENERAL.—Part III of subchapter B uals.’’ The tax on inflationary capital gains is of chapter 1 (relating to amounts specifically not a tax on income or even on the in- excluded from gross income) is amended by (2) Paragraph (2) of section 265(a) is amend- crease in the real value of the asset. It inserting after section 115 the following new ed by inserting before the period at the end is purely a tax on capital very much section: thereof the following: ‘‘, or to purchase or carry obligations or shares, or to make de- like the property tax, but only assessed ‘‘SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS posits, to the extent the interest thereon is when the property is sold. AND INTEREST RECEIVED BY INDI- VIDUALS. excludable from gross income under section Mr. President, I am also introducing ‘‘(a) EXCLUSION FROM GROSS INCOME.— 116’’. today the Capital Formation and Jobs Gross income does not include the sum of the (3) Subsection (c) of section 584 is amended Creation Act of 1995. This bill is iden- amounts received during the taxable year by by adding at the end the following new sen- tical to the capital gains tax bill in- an individual as— tence: cluded in H.R. 9, which is part of the ‘‘(1) dividends from domestic corporations, ‘‘The proportionate share of each participant Contract With America, introduced or in the amount of dividends or interest re- ‘‘(2) interest. ceived by the common trust fund and to last week by Congressman BILL AR- ‘‘(b) LIMITATIONS.— which section 116 applies shall be considered CHER. I commend Congressman AR- ‘‘(1) MAXIMUM AMOUNT.—The aggregate for purposes of such section as having been CHER, the new chairman of the Ways amount excluded under subsection (a) for received by such participant.’’ and Means Committee, for his exper- any taxable year shall not exceed $1,000 (4) Subsection (a) of section 643 is amended tise and many years of leadership in ($2,000 in the case of a joint return). by inserting after paragraph (6) the following the area of capital gains taxation and I ‘‘(2) CERTAIN DIVIDENDS EXCLUDED.—Sub- new paragraph: look forward to working with him on section (a)(1) shall not apply to any dividend ‘‘(7) DIVIDENDS OR INTEREST.—There shall this issue. from a corporation which, for the taxable be included the amount of any dividends or year of the corporation in which the dis- interest excluded from gross income pursu- This bill is also very simple. First, it tribution is made, or for the next preceding ant to section 116.’’ would provide a deduction of 50 percent taxable year of the corporation, is a corpora- (5) Section 854 is amended by adding at the of net capital gains realized. Thus, only tion exempt from tax under section 501 (re- end the following new subsection: half of a taxpayer’s capital gains would lating to certain charitable, etc., organiza- ‘‘(c) TREATMENT UNDER SECTION 116.— be subject to taxation. Second, it tion) or section 521 (relating to farmers’ co- ‘‘(1) IN GENERAL.—For purposes of section would also index the bases of capital operative associations). 116, in the case of any dividend (other than a assets to ensure that inflationary gains ‘‘(3) INDEXING FOR INFLATION.—In the case dividend described in subsection (a)) received of any taxable year beginning after 1995— are eliminated. Finally, it would allow from a regulated investment company which ‘‘(A) the $1,000 amount under paragraph (1) meets the requirements of section 852 for the a capital loss deduction for losses suf- shall be increased by an amount equal to— taxable year in which it paid the dividend— fered on a sale or exchange of a tax- ‘‘(i) $1,000, multiplied by ‘‘(A) the entire amount of such dividend payer’s principal residence. ‘‘(ii) the cost-of-living adjustment under shall be treated as a dividend if the aggre- Mr. President, the debate about section 1(f)(3) for the calendar year in which gate dividends and interest received by such whether to cut the tax on capital gains the taxable year begins, except that subpara- company during the taxable year equal or has been very loud, long, and partisan. graph (B) thereof shall be applied by sub- exceed 75 percent of its gross income, or stituting ‘1994’ for ‘1992’, and ‘‘(B) if subparagraph (A) does not apply, a Our colleagues have heard much from ‘‘(B) the $2,000 amount under paragraph (1) both sides of the issue for many years. portion of such dividend shall be treated as a shall be increased to an amount equal to dividend (and a portion of such dividend For the first time in several years, twice the amount to which the $1,000 amount shall be treated as interest) based on the por- however, there is a realistic possibility is increased to under subparagraph (a). tion of the company’s gross income which that Congress will pass legislation this If the dollar amount determined after the in- consists of aggregate dividends or aggregate year to lower the tax on capital gains. crease under subparagraph (A) is not a mul- interest, as the case may be. January 9, 1995 CONGRESSIONAL RECORD — SENATE S 673 For purposes of the preceding sentence, gross SEC. 3. INDEXING OF CERTAIN ASSETS FOR PUR- The applicable inflation ratio shall not be income and aggregate interest received shall POSES OF DETERMINING GAIN OR taken into account unless it is greater than each be reduced by so much of the deduction LOSS. 1. The applicable inflation ratio for any asset allowable by section 163 for the taxable year (a) IN GENERAL.—Part II of subchapter O of shall be rounded to the nearest one-tenth of as does not exceed aggregate interest re- chapter 1 (relating to basis rules of general 1 percent. ceived for the taxable year. application) is amended by inserting after ‘‘(3) CPI.—The CPI for any calendar year ‘‘(2) NOTICE TO SHAREHOLDERS.—The section 1021 the following new section: shall be determined under section 1(f)(4). amount of any distribution by a regulated ‘‘SEC. 1022. INDEXING OF CERTAIN ASSETS FOR ‘‘(4) SECRETARY TO PUBLISH TABLES.—The investment company which may be taken PURPOSES OF DETERMINING GAIN Secretary shall publish tables specifying the into account as a dividend for purposes of OR LOSS. applicable inflation ratio for each calendar the exclusion under section 116 shall not ex- ‘‘(a) GENERAL RULE.— year. ceed the amount so designated by the com- ‘‘(1) INDEXED BASIS SUBSTITUTED FOR AD- ‘‘(d) SPECIAL RULES.—For purposes of this pany in a written notice to its shareholders JUSTED BASIS.—Except as provided in para- section— mailed not later than 45 days after the close graph (2), if an indexed asset which has been ‘‘(1) TREATMENT AS SEPARATE ASSET.—In of its taxable year. held for more than 1 year is sold or otherwise the case of any asset, the following shall be ‘‘(3) DEFINITIONS.—For purposes of this sub- disposed of, then, for purposes of this title, treated as a separate asset: section— the indexed basis of the asset shall be sub- ‘‘(A) A substantial improvement to prop- ‘‘(A) the term ‘gross income’ does not in- stituted for its adjusted basis. erty. clude gain from the sale or other disposition ‘‘(2) EXCEPTION FOR DEPRECIATION, ETC.— ‘‘(B) In the case of stock of a corporation, of stock or securities, and The deduction for depreciation, depletion, a substantial contribution to capital. ‘‘(B) the term ‘aggregate dividends re- and amortization shall be determined with- ‘‘(C) Any other portion of an asset to the ceived’ includes only dividends received from out regard to the application of paragraph (1) extent that separate treatment of such por- domestic corporations other than dividends to the taxpayer or any other person. tion is appropriate to carry out the purposes described in section 116(b)(2). ‘‘(b) INDEXED ASSET.— of this section. ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(2) ASSETS WHICH ARE NOT INDEXED ASSETS In determining the amount of any dividend tion, the term ‘indexed asset’ means— THROUGHOUT HOLDING PERIOD.— for purposes of subparagraph (B), the rules ‘‘(A) stock in a corporation, ‘‘(A) IN GENERAL.—The applicable inflation provided in section 116(c)(1) (relating to cer- ‘‘(B) tangible property (or any interest ratio shall be appropriately reduced for cal- tain distributions) shall apply.’’ therein), which is a capital asset or property endar months at any time during which the (6) Subsection (c) of section 857 of such used in the trade or business (as defined in asset was not an indexed asset. Code is amended to read as follows: section 1231(b)), and ‘‘(B) CERTAIN SHORT SALES.—For purposes ‘‘(c) LIMITATIONS APPLICABLE TO DIVIDENDS ‘‘(C) the principal residence of the tax- of applying subparagraph (A), an asset shall RECEIVED FROM REAL ESTATE INVESTMENT payer (within the meaning of section 1034). be treated as not an indexed asset for any TRUSTS.— ‘‘(2) CERTAIN PROPERTY EXCLUDED.—For short sale period during which the taxpayer ‘‘(1) IN GENERAL.—For purposes of section purposes of this section, the term ‘indexed or the taxpayer’s spouse sells short property 116 (relating to an exclusion for dividends asset’ does not include— substantially identical to the asset. For pur- and interest received by individuals) and sec- ‘‘(A) CREDITOR’S INTEREST.—Any interest in poses of the preceding sentence, the short tion 243 (relating to deductions for dividends property which is in the nature of a credi- sale period begins on the day after the sub- received by corporations), a dividend re- tor’s interest. stantially identical property is sold and ends ceived from a real estate investment trust ‘‘(B) OPTIONS.—Any option or other right on the closing date for the sale. which meets the requirements of this part to acquire an interest in property. ‘‘(3) TREATMENT OF CERTAIN DISTRIBU- shall not be considered as a dividend. ‘‘(C) NET LEASE PROPERTY.—In the case of a TIONS.—A distribution with respect to stock ‘‘(2) TREATMENT AS INTEREST.—In the case lessor, net lease property (within the mean- in a corporation which is not a dividend shall of a dividend (other than a capital gain divi- ing of subsection (h)(1)). be treated as a disposition. dend, as defined in subsection (b)(3)(C)) re- ‘‘(D) CERTAIN PREFERRED STOCK.—Stock ‘‘(4) SECTION CANNOT INCREASE ORDINARY ceived from a real estate investment trust which is preferred as to dividends and does LOSS.—To the extent that (but for this para- which meets the requirements of this part not participate in corporate growth to any graph) this section would create or increase for the taxable year in which it paid the divi- significant extent. a net ordinary loss to which section 1231(a)(2) dend— ‘‘(E) STOCK IN CERTAIN CORPORATIONS.— applies or an ordinary loss to which any ‘‘(A) such dividend shall be treated as in- Stock in— other provision of this title applies, such terest if the aggregate interest received by ‘‘(i) an S corporation (within the meaning provision shall not apply. The taxpayer shall the real estate investment trust for the tax- of section 1361), be treated as having a long-term capital loss able year equals or exceeds 75 percent of its ‘‘(ii) a personal holding company (as de- in an amount equal to the amount of the or- gross income, or fined in section 542), and dinary loss to which the preceding sentence ‘‘(B) if subparagraph (A) does not apply, ‘‘(iii) a foreign corporation. applies. the portion of such dividend which bears the ‘‘(3) EXCEPTION FOR STOCK IN FOREIGN COR- ‘‘(5) ACQUISITION DATE WHERE THERE HAS same ratio to the amount of such dividend as PORATION WHICH IS REGULARLY TRADED ON NA- BEEN PRIOR APPLICATION OF SUBSECTION (a)(1) the aggregate interest received bears to TIONAL OR REGIONAL EXCHANGE.—Clause (iii) WITH RESPECT TO THE TAXPAYER.—If there has gross income shall be treated as interest. of paragraph (2)(E) shall not apply to stock been a prior application of subsection (a)(1) ‘‘(3) ADJUSTMENTS TO GROSS INCOME AND AG- in a foreign corporation the stock of which is to an asset while such asset was held by the GREGATE INTEREST RECEIVED.—For purposes listed on the New York Stock Exchange, the taxpayer, the date of acquisition of such of paragraph (2)— American Stock Exchange, or any domestic asset by the taxpayer shall be treated as not ‘‘(A) gross income does not include the net regional exchange for which quotations are earlier than the date of the most recent such capital gain, published on a regular basis other than— prior application. ‘‘(B) gross income and aggregate interest ‘‘(A) stock of a foreign investment com- ‘‘(6) COLLAPSIBLE CORPORATIONS.—The ap- received shall each be reduced by so much of pany (within the meaning of section 1246(b)), plication of section 341(a) (relating to col- the deduction allowable by section 163 for and lapsible corporations) shall be determined the taxable year (other than for interest on ‘‘(B) stock in a foreign corporation held by without regard to this section. mortgages on real property owned by the a United States person who meets the re- ‘‘(e) CERTAIN CONDUIT ENTITIES.— real estate investment trust) as does not ex- quirements of section 1248(a)(2). ‘‘(1) REGULATED INVESTMENT COMPANIES; ceed aggregate interest received by the tax- ‘‘(c) INDEXED BASIS.—For purposes of this REAL ESTATE INVESTMENT TRUSTS; COMMON able year, and section— TRUST FUNDS.— ‘‘(C) gross income shall be reduced by the ‘‘(1) INDEXED BASIS.—The indexed basis for ‘‘(A) IN GENERAL.—Stock in a qualified in- sum of the taxes imposed by paragraphs (4), any asset is— vestment entity shall be an indexed asset for (5), and (6) of section 857(b). ‘‘(A) the adjusted basis of the asset, multi- any calendar month in the same ratio as the ‘‘(4) NOTICE TO SHAREHOLDERS.—The plied by fair market value of the assets held by such amount of any distribution by a real estate ‘‘(B) the applicable inflation ratio. entity at the close of such month which are investment trust which may be taken into ‘‘(2) APPLICABLE INFLATION RATIO.—The ap- indexed assets bears to the fair market value account as interest for purposes of the exclu- plicable inflation ratio for any asset is the of all assets of such entity at the close of sion under section 116 shall not exceed the percentage arrived at by dividing— such month. amount so designated by the trust in a writ- ‘‘(A) the CPI for the calendar year preced- ‘‘(B) RATIO OF 90 PERCENT OR MORE.—If the ten notice to its shareholders mailed not ing the calendar year in which the disposi- ratio for any calendar month determined later than 45 days after the close of its tax- tion takes place, by under subparagraph (A) would (but for this able year.’’ ‘‘(B) the CPI for the calendar year preced- subparagraph) be 90 percent or more, such (c) EFFECTIVE DATE.—The amendments ing the calendar year in which the asset was ratio for such month shall be 100 percent. made by this section shall apply with respect acquired by the taxpayer (or, in the case of ‘‘(C) RATIO OF 10 PERCENT OR LESS.—If the to amounts received after December 31, 1994, an asset acquired before 1995, the CPI for ratio for any calendar month determined in taxable years ending after such date. 1993). under subparagraph (A) would (but for this S 674 CONGRESSIONAL RECORD — SENATE January 9, 1995

subparagraph) be 10 percent or less, such ‘‘(3) EFFECT ON EARNINGS AND PROFITS OF count under subsection (b)(1)(A) shall not ex- ratio for such month shall be zero. INDEXED BASIS.— ceed the amount of the net capital gain de- ‘‘(D) VALUATION OF ASSETS IN CASE OF REAL ‘‘For substitution of indexed basis for ad- termined by only taking into account gains ESTATE INVESTMENT TRUSTS.—Nothing in this justed basis in the case of the disposition of and losses from sales and exchanges after De- paragraph shall require a real estate invest- certain assets after December 31, 1994, see cember 31, 1994. ment trust to value its assets more fre- section 1022(a)(1).’’ ‘‘(2) SPECIAL RULE FOR PASS-THRU ENTI- TIES.— quently than once each 36 months (except (c) CLERICAL AMENDMENT.—The table of where such trust ceases to exist). The ratio sections for part II of subchapter O of such ‘‘(A) IN GENERAL.—In applying this section under subparagraph (A) for any calendar chapter 1 is amended by inserting after the with respect to any pass-thru entity, the de- month for which there is no valuation shall item relating to section 1021 the following termination of when the sale or exchange oc- be the trustee’s good faith judgment as to new item: curs shall be made at the entity level. such valuation. ‘‘(B) PASS-THRU ENTITY DEFINED.—For pur- ‘‘Sec. 1022. Indexing of certain assets for pur- ‘‘(E) QUALIFIED INVESTMENT ENTITY.—For poses of subparagraph (A), the term ‘pass- purposes of this paragraph, the term ‘quali- poses of determining gain or thru entity’ means— loss.’’ fied investment entity’ means— ‘‘(i) a regulated investment company, ‘‘(i) a regulated investment company (d) EFFECTIVE DATE.—The amendments ‘‘(ii) a real estate investment trust, (within the meaning of section 851), made by this section shall apply to disposi- ‘‘(iii) an S corporation, ‘‘(ii) a real estate investment trust (within tions after December 31, 1994. ‘‘(iv) a partnership, the meaning of section 856), and SEC. 4. REDUCTION IN CAPITAL GAINS TAX FOR ‘‘(v) an estate or trust, and ‘‘(iii) a common trust fund (within the INDIVIDUALS. ‘‘(vi) a common trust fund.’’ meaning of section 584). (a) GENERAL RULE.—Part I of subchapter P (b) CONFORMING AMENDMENTS.— ‘‘(2) PARTNERSHIPS.—In the case of a part- of chapter 1 (relating to treatment of capital (1) Subsection (a) of section 62 is amended nership, the adjustment made under sub- gains) is amended by adding at the end by inserting after paragraph (15) the follow- section (a) at the partnership level shall be thereof the following new section: ing new paragraph: passed through to the partners. ‘‘SEC. 1203. CAPITAL GAINS DEDUCTION FOR IN- ‘‘(16) CAPITAL GAINS DEDUCTION.—The de- DIVIDUALS. ‘‘(3) SUBCHAPTER S CORPORATIONS.—In the duction allowed by section 1203.’’ case of an electing small business corpora- ‘‘(a) IN GENERAL.—In the case of an individ- (2) Paragraph (2) of section 172(d) is amend- tion, the adjustment under subsection (a) at ual, there shall be allowed as a deduction for ed by inserting ‘‘and the deduction provided the corporate level shall be passed through the taxable year an amount equal to the an- by section 1203’’ after ‘‘1202’’. to the shareholders. nual capital gains deduction (if any) deter- (3)(A) Section 220 (relating to cross ref- mined under subsection (b). erence) is amended to read as follows: ‘‘(f) DISPOSITIONS BETWEEN RELATED PER- ‘‘(b) ANNUAL CAPITAL GAINS DEDUCTION.— SONS.— ‘‘SEC. 220. CROSS REFERENCES. ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(1) IN GENERAL.—This section shall not ‘‘(1) For deduction for net capital gains in section (a), the annual capital gains deduc- apply to any sale or other disposition of the case of a taxpayer other than a corpora- tion determined under this subsection is the property between related persons except to tion, see section 1203. lesser of— the extent that the basis of such property in ‘‘(A) the net capital gain for the taxable ‘‘(2) For deductions in respect of a dece- the hands of the transferee is a substituted year, or dent, see section 691.’’ basis. ‘‘(B) $10,000 ($20,000 in the case of a joint re- (B) The table of sections for part VII of ‘‘(2) RELATED PERSONS DEFINED.—For pur- turn). subchapter B of chapter 1 is amended by poses of this section, the term ‘related per- ‘‘(2) COORDINATION WITH EXCLUSION FOR GAIN striking ‘‘reference’’ in the item relating to sons’ means— FROM SMALL BUSINESS STOCK.—For purposes section 220 and inserting ‘‘references’’. ‘‘(A) persons bearing a relationship set of paragraph (1)(A), net capital gain shall be (4) Paragraph (4) of section 691(c) is amend- forth in section 267(b), and determined without regard to any gain from ed by inserting ‘‘1203,’’ after ‘‘1202,’’. ‘‘(B) persons treated as single employer the sale or exchange of qualified small busi- (5) The second sentence of paragraph (2) of under subsection (b) or (c) of section 414. ness stock (as defined in section 1202(c)) held section 871(a) is amended by inserting ‘‘or ‘‘(g) TRANSFERS TO INCREASE INDEXING AD- for more than 5 years. 1203’’ after ‘‘1202’’. JUSTMENT OR DEPRECIATION ALLOWANCE.—If ‘‘(3) CERTAIN INDIVIDUALS NOT ELIGIBLE.— (c) CLERICAL AMENDMENT.—The table of any person transfers cash, debt, or any other This subsection shall not apply to any indi- sections for part I of subchapter P of chapter property to another person and the principal vidual with respect to whom a deduction 1 is amended by adding at the end thereof purpose of such transfer is— under section 151 is allowable to another tax- the following new item: ‘‘(1) to secure or increase an adjustment payer for a taxable year beginning in the cal- under subsection (a), or endar year in which such individual’s taxable ‘‘(2) to increase (by reason of an adjust- year begins. ‘‘Sec. 1203. Capital gains deduction for indi- ment under subsection (a)) a deduction for ‘‘(4) ANNUAL DEDUCTION NOT AVAILABLE FOR viduals.’’ depreciation, depletion, or amortization, SALES TO RELATED PERSONS.—The amount of (d) EFFECTIVE DATE.—The amendments the Secretary may disallow part or all of the net capital gain taken into account made by this section shall apply to sales or such adjustment or increase. under paragraph (1)(A) shall not exceed the exchanges after December 31, 1994, in taxable ‘‘(h) DEFINITIONS.—For purposes of this sec- amount of the net capital gain determined years ending after such date. tion— by not taking into account gains and losses ‘‘(1) NET LEASE PROPERTY DEFINED.—The from sales and exchanges to any related per- S. 182 son (as defined in section 267(f)). term ‘net lease property’ means leased real Be it enacted by the Senate and House of Rep- property where— ‘‘(5) INDEXING FOR INFLATION.—In the case of any taxable year beginning after 1995— resentatives of the United States of America in ‘‘(A) the term of the lease (taking into ac- Congress assembled, count options to renew) was 50 percent or ‘‘(A) the $10,000 amount under paragraph more of the useful life of the property, and (1)(B) shall be increased by an amount equal SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. ‘‘(B) for the period of the lease, the sum of to— (a) SHORT TITLE.—This Act may be cited as the deductions with respect to such property ‘‘(i) $10,000, multiplied by the ‘‘Capital Formation and Job Creation which are allowable to the lessor solely by ‘‘(ii) the cost-of-living adjustment under Act of 1995’’. reason of section 162 (other than rents and section 1(f)(3) for the calendar year in which (b) AMENDMENT OF 1986 CODE.—Except as reimbursed amounts with respect to such the taxable year begins, except that subpara- otherwise expressly provided, whenever in property) is 15 percent or less of the rental graph (B) thereof shall be applied by sub- this Act an amendment or repeal is ex- income produced by such property. stituting ‘1994’ for ‘1992’, and pressed in terms of an amendment to, or re- ‘‘(2) STOCK INCLUDES INTEREST IN COMMON ‘‘(B) the $20,000 amount under paragraph peal of, a section or other provision, the ref- TRUST FUND.—The term ‘stock in a corpora- (1)(B) shall be increased to an amount equal erence shall be considered to be made to a tion’ includes any interest in a common to twice the amount determined under sub- section or other provision of the Internal trust fund (as defined in section 584(a)). paragraph (A) for the taxable year. Revenue Code of 1986. ‘‘(i) REGULATIONS.—The Secretary shall If the dollar amount determined after the in- prescribe such regulations as may be nec- crease under this paragraph is not a multiple SEC. 2. 50 PERCENT CAPITAL GAINS DEDUCTION. essary or appropriate to carry out the pur- of $100, such dollar amount shall be rounded (a) GENERAL RULE.—Part I of subchapter P poses of this section.’’ to the next lowest multiple of $100. of chapter 1 (relating to treatment of capital (b) ADJUSTMENT TO APPLY FOR PURPOSES ‘‘(c) SECTION NOT TO APPLY TO ESTATES OR gains) is amended to read as follows: OF DETERMINING EARNINGS AND PROFITS.— TRUSTS.—No deduction shall be allowed ‘‘PART I—TREATMENT OF CAPITAL GAINS Subsection (f) of section 312 (relating to ef- under this section to an estate or trust. fect on earnings and profits of gain or loss ‘‘(d) SPECIAL RULES.— ‘‘Sec. 1201. Capital gains deduction. and of receipt of tax-free distributions) is ‘‘(1) DEDUCTION AVAILABLE ONLY FOR SALES ‘‘SEC. 1201. CAPITAL GAINS DEDUCTION. amended by adding at the end thereof the OR EXCHANGES AFTER DECEMBER 31, 1994.—The ‘‘(a) GENERAL RULE.—If for any taxable following new paragraph: amount of the net capital gain taken into ac- year a taxpayer has a net capital gain, 50 January 9, 1995 CONGRESSIONAL RECORD — SENATE S 675 percent of such gain shall be a deduction (5) Paragraph (4) of section 642(c) is amend- mined as provided in section 1201(a), on’’ and from gross income. ed to read as follows: inserting ‘‘of 17.5 percent of’’. ‘‘(b) ESTATES AND TRUSTS.—In the case of ‘‘(4) ADJUSTMENTS.—To the extent that the (B) Clause (iii) of section 852(b)(3)(D) is an estate or trust, the deduction shall be amount otherwise allowable as a deduction amended— computed by excluding the portion (if any) of under this subsection consists of gain from (i) by striking ‘‘65 percent’’ and inserting the gains for the taxable year from sales or the sale or exchange of capital assets held ‘‘82.5 percent’’, and exchanges of capital assets which, under sec- for more than 1 year, proper adjustment (ii) by striking ‘‘section 1201(a)’’ and in- tions 652 and 662 (relating to inclusions of shall be made for any deduction allowable to serting ‘‘subparagraph (A)’’. amounts in gross income of beneficiaries of the estate or trust under section 1201 (relat- (18) Clause (ii) of section 857(b)(3)(A) is trusts), is includible by the income bene- ing to deduction for excess of capital gains amended by striking ‘‘determined at the rate ficiaries as gain derived from the sale or ex- over capital losses). In the case of a trust, provided in section 1201(a) on’’ and inserting change of capital assets. the deduction allowed by this subsection ‘‘of 17.5 percent of’’. ‘‘(c) COORDINATION WITH TREATMENT OF shall be subject to section 681 (relating to (19) Paragraph (1) of section 882(a) is CAPITAL GAIN UNDER LIMITATION ON INVEST- unrelated business income).’’ amended by striking ‘‘section 11, 55, 59A, or MENT INTEREST.—For purposes of this sec- (6) Paragraph (3) of section 643(a) is amend- 1201(a)’’ and inserting ‘‘section 11, 55, or tion, the net capital gain for any taxable ed by adding at the end the following new 59A’’. year shall be reduced (but not below zero) by sentence: ‘‘The deduction under section 1201 (20) Subsection (b) of section 904 is amend- the amount which the taxpayer takes into (relating to deduction of excess of capital ed by striking paragraphs (2)(B), (3)(B), account as investment income under section gains over capital losses) shall not be taken (3)(D), and (3)(E). 163(d)(4)(B)(iii). into account.’’ (21) Subsection (b) of section 1374 is amend- ‘‘(d) TRANSITIONAL RULE.— (7) Paragraph (4) of section 691(c) is amend- ed by striking paragraph (4). ‘‘(1) IN GENERAL.—In the case of a taxable ed by striking ‘‘sections 1(h), 1201, and 1211’’ (22) Subsection (b) of section 1381 is amend- year which includes January 1, 1995— and inserting ‘‘sections 1201 and 1211’’. ed by striking ‘‘or 1201’’. ‘‘(A) the amount taken into account as the (8) The second sentence of section 871(a)(2) (23) Subsection (e) of section 1445 is amend- net capital gain under subsection (a) shall is amended by inserting ‘‘such gains and ed— not exceed the net capital gain determined losses shall be determined without regard to (A) in paragraph (1) by striking ‘‘35 percent by only taking into account gains and losses section 1201 (relating to deduction for capital (or, to the extent provided in regulations, 28 properly taken into account for the portion gains) and’’ after ‘‘except that’’. percent)’’ and inserting ‘‘17.5 percent (or, to of the taxable year on or after January 1, (9) Subsection (d) of section 1044 is amend- the extent provided in regulations, 19.8 per- 1995, and ed by striking the last sentence. cent)’’, and ‘‘(B) if the net capital gain for such year (10)(A) Paragraph (2) of section 1211(b) is (B) in paragraph (2) by striking ‘‘35 per- exceeds the amount taken into account amended to read as follows: cent’’ and inserting ‘‘17.5 percent’’. under subsection (a), the rate of tax imposed ‘‘(2) the sum of— (24) Clause (i) of section 6425(c)(1)(A) is by section 1 on such excess shall not exceed ‘‘(A) the excess of the net short-term cap- 28 percent. ital loss over the net long-term capital gain, amended by striking ‘‘or 1201(a)’’. ‘‘(2) SPECIAL RULES FOR PASS-THRU ENTI- and (25) Clause (i) of section 6655(g)(1)(A) is TIES.— ‘‘(B) one-half of the excess of the net long- amended by striking ‘‘or 1201(a)’’. ‘‘(A) IN GENERAL.—In applying paragraph term capital loss over the net short-term (26)(A) The second sentence of section (1) with respect to any pass-thru entity, the capital gain.’’ 7518(g)(6)(A) is amended— determination of when gains and losses are (B) So much of paragraph (2) of section (i) by striking ‘‘during a taxable year to properly taken into account shall be made at 1212(b) as precedes subparagraph (B) thereof which section 1(h) or 1201(a) applies’’, and the entity level. is amended to read as follows: (ii) by striking ‘‘28 percent (34 percent’’ ‘‘(B) PASS-THRU ENTITY DEFINED.—For pur- ‘‘(2) SPECIAL RULES.— and inserting ‘‘19.8 percent (17.5 percent’’. poses of subparagraph (A), the term ‘pass- ‘‘(A) ADJUSTMENTS.— (B) The second sentence of section thru entity’ means— ‘‘(i) For purposes of determining the excess 607(h)(6)(A) of the Merchant Marine Act, 1936 ‘‘(i) a regulated investment company, referred to in paragraph (1)(A), there shall be is amended— ‘‘(ii) a real estate investment trust, treated as short-term capital gain in the tax- (i) by striking ‘‘during a taxable year to ‘‘(iii) an S corporation, able year an amount equal to the lesser of— which section 1(h) or 1201(a) of such Code ap- ‘‘(iv) a partnership, ‘‘(I) the amount allowed for the taxable plies’’, and ‘‘(v) an estate or trust, and year under paragraph (1) or (2) of section (ii) by striking ‘‘28 percent (34 percent’’ ‘‘(vi) a common trust fund.’’ 1211(b), or and inserting ‘‘19.8 percent (17.5 percent’’. (b) DEDUCTION ALLOWABLE IN COMPUTING ‘‘(II) the adjusted taxable income for such (d) EFFECTIVE DATE.— ADJUSTED GROSS INCOME.—Subsection (a) of taxable year. (1) IN GENERAL.—Except as otherwise pro- section 62 is amended by inserting after vided in this subsection, the amendments paragraph (15) the following new paragraph: ‘‘(ii) For purposes of determining the ex- cess referred to in paragraph (1)(B), there made by this section shall apply to taxable ‘‘(16) LONG-TERM CAPITAL GAINS.—The de- years ending after December 31, 1994. duction allowed by section 1201.’’ shall be treated as short-term capital gain in the taxable year an amount equal to the sum (2) CONTRIBUTIONS.—The amendment made (c) TECHNICAL AND CONFORMING CHANGES.— by subsection (c)(3) shall apply only to con- (1) Section 13113 of the Revenue Reconcili- of— tributions on or after January 1, 1995. ation Act of 1993 (relating to 50-percent ex- ‘‘(I) the amount allowed for the taxable (3) WITHHOLDING.—The amendment made clusion for gain from certain small business year under paragraph (1) or (2) of section stock), and the amendments made by such 1211(b) or the adjusted taxable income for by subsection (c)(23) shall apply only to section, are hereby repealed; and the Inter- such taxable year, whichever is the least, amounts paid after the date of the enact- nal Revenue Code of 1986 shall be applied as plus ment of this Act. ‘‘(II) the excess of the amount described in if such section (and amendments) had never SEC. 3. INDEXING OF CERTAIN ASSETS FOR PUR- been enacted. subclause (I) over the net short-term capital POSES OF DETERMINING GAIN OR (2) Section 1 is amended by striking sub- loss (determined without regard to this sub- LOSS. section (h). section) for such year.’’ (a) IN GENERAL.—Part II of subchapter O of (3) Paragraph (1) of section 170(e) is amend- (11) Paragraph (1) of section 1402(i) is chapter 1 (relating to basis rules of general ed by striking ‘‘the amount of gain’’ in the amended by inserting ‘‘, and the deduction application) is amended by inserting after material following subparagraph (B)(ii) and provided by section 1201 shall not apply’’ be- section 1021 the following new section: inserting ‘‘50 percent of the amount of gain’’. fore the period at the end thereof. (4)(A) Paragraph (2) of section 172(d) is (12) Section 12 is amended by striking para- ‘‘SEC. 1022. INDEXING OF CERTAIN ASSETS FOR amended to read as follows: graph (4) and redesignating the following PURPOSES OF DETERMINING GAIN OR LOSS. ‘‘(2) CAPITAL GAINS AND LOSSES.— paragraphs accordingly. ‘‘(A) LOSSES OF TAXPAYERS OTHER THAN (13) Paragraph (2) of section 527(b) is here- ‘‘(a) GENERAL RULE.— CORPORATIONS.—In the case of a taxpayer by repealed. ‘‘(1) INDEXED BASIS SUBSTITUTED FOR AD- other than a corporation, the amount de- (14) Subparagraph (D) of section 593(b)(2) is JUSTED BASIS.—Except as otherwise provided ductible on account of losses from sales or amended by adding ‘‘and’’ at the end of in this subsection, if an indexed asset which exchanges of capital assets shall not exceed clause (iii), by striking ‘‘, and’’ at the end of has been held for more than 1 year is sold or the amount includible on account of gains clause (iv) and inserting a period, and by otherwise disposed of, for purposes of this from sales or exchanges of capital assets. striking clause (v). title the indexed basis of the asset shall be ‘‘(B) DEDUCTION UNDER SECTION 1201.—The (15) Paragraph (2) of section 801(a) is here- substituted for its adjusted basis. deduction under section 1201 shall not be al- by repealed. ‘‘(2) EXCEPTION FOR DEPRECIATION, ETC.— lowed.’’ (16) Subsection (c) of section 831 is amend- The deduction for depreciation, depletion, (B) Subparagraph (B) of section 172(d)(4) is ed by striking paragraph (1) and redesignat- and amortization shall be determined with- amended by striking ‘‘paragraphs (1) and (3)’’ ing the following paragraphs accordingly. out regard to the application of paragraph (1) and inserting ‘‘paragraphs (1), (2)(B), and (17)(A) Subparagraph (A) of section to the taxpayer or any other person. (3)’’. 852(b)(3) is amended by striking ‘‘, deter- ‘‘(b) INDEXED ASSET.— S 676 CONGRESSIONAL RECORD — SENATE January 9, 1995

‘‘(1) IN GENERAL.—For purposes of this sec- the preceding sentence, the date on which ‘‘(2) RELATED PERSONS DEFINED.—For pur- tion, the term ‘indexed asset’ means— the property is sold short shall be treated as poses of this section, the term ‘related per- ‘‘(A) stock in a corporation, and the date of acquisition and the closing date sons’ means— ‘‘(B) tangible property (or any interest for the sale shall be treated as the date of ‘‘(A) persons bearing a relationship set therein), disposition. forth in section 267(b), and which is a capital asset or property used in ‘‘(2) SHORT SALE OF SUBSTANTIALLY IDEN- ‘‘(B) persons treated as single employer the trade or business (as defined in section TICAL PROPERTY.—If the taxpayer or the tax- under subsection (b) or (c) of section 414. 1231(b)). payer’s spouse sells short property substan- ‘‘(h) TRANSFERS TO INCREASE INDEXING AD- ‘‘(2) CERTAIN PROPERTY EXCLUDED.—For tially identical to an asset held by the tax- JUSTMENT.—If any person transfers cash, purposes of this section, the term ‘indexed payer, the asset held by the taxpayer and the debt, or any other property to another per- asset’ does not include— substantially identical property shall not be son and the principal purpose of such trans- ‘‘(A) CREDITOR’S INTEREST.—Any interest in treated as indexed assets for the short sale fer is to secure or increase an adjustment property which is in the nature of a credi- period. under subsection (a), the Secretary may dis- tor’s interest. ‘‘(3) SHORT SALE PERIOD.—For purposes of allow part or all of such adjustment or in- ‘‘(B) OPTIONS.—Any option or other right this subsection, the short sale period begins crease. on the day after property is sold and ends on to acquire an interest in property. ‘‘(i) SPECIAL RULES.—For purposes of this ‘‘(C) NET LEASE PROPERTY.—In the case of a the closing date for the sale. section: ‘‘(e) TREATMENT OF REGULATED INVESTMENT lessor, net lease property (within the mean- ‘‘(1) TREATMENT AS SEPARATE ASSET.—In COMPANIES AND REAL ESTATE INVESTMENT ing of subsection (i)(3)). the case of any asset, the following shall be TRUSTS.— ‘‘(D) CERTAIN PREFERRED STOCK.—Stock treated as a separate asset: ‘‘(1) ADJUSTMENTS AT ENTITY LEVEL.— which is fixed and preferred as to dividends ‘‘(A) A substantial improvement to prop- ‘‘(A) IN GENERAL.—Except as otherwise pro- and does not participate in corporate growth erty. vided in this paragraph, the adjustment to any significant extent. ‘‘(B) In the case of stock of a corporation, under subsection (a) shall be allowed to any ‘‘(E) STOCK IN FOREIGN CORPORATIONS.— a substantial contribution to capital. Stock in a foreign corporation. qualified investment entity (including for purposes of determining the earnings and ‘‘(C) Any other portion of an asset to the ‘‘(F) STOCK IN S CORPORATIONS.—Stock in extent that separate treatment of such por- an S corporation. profits of such entity). ‘‘(B) EXCEPTION FOR QUALIFICATION PUR- tion is appropriate to carry out the purposes ‘‘(3) EXCEPTION FOR STOCK IN FOREIGN COR- of this section. PORATION WHICH IS REGULARLY TRADED ON NA- POSES.—This section shall not apply for pur- poses of sections 851(b) and 856(c). ‘‘(2) ASSETS WHICH ARE NOT INDEXED ASSETS TIONAL OR REGIONAL EXCHANGE.—Paragraph THROUGHOUT HOLDING PERIOD.—The applica- (2)(E) shall not apply to stock in a foreign ‘‘(2) ADJUSTMENTS TO INTERESTS HELD IN ENTITY.— ble inflation ratio shall be appropriately re- corporation the stock of which is listed on duced for periods during which the asset was the New York Stock Exchange, the Amer- ‘‘(A) IN GENERAL.—Stock in a qualified in- vestment entity shall be an indexed asset for not an indexed asset. ican Stock Exchange, the national market ‘‘(3) NET LEASE PROPERTY DEFINED.—The system operated by the National Association any calendar month in the same ratio as the fair market value of the assets held by such term ‘net lease property’ means leased prop- of Securities Dealers, or any domestic re- entity at the close of such month which are erty where— gional exchange for which quotations are indexed assets bears to the fair market value ‘‘(A) the term of the lease (taking into ac- published on a regular basis other than— of all assets of such entity at the close of count options to renew) was 50 percent or ‘‘(A) stock of a foreign investment com- such month. more of the useful life of the property, and pany (within the meaning of section 1246(b)), ‘‘(B) RATIO OF 90 PERCENT OR MORE.—If the ‘‘(B) for the period of the lease, the sum of ‘‘(B) stock in a passive foreign investment ratio for any calendar month determined the deductions with respect to such property company (as defined in section 1296), and under subparagraph (A) would (but for this which are allowable to the lessor solely by ‘‘(C) stock in a foreign corporation held by subparagraph) be 90 percent or more, such reason of section 162 (other than rents and a United States person who meets the re- ratio for such month shall be 100 percent. reimbursed amounts with respect to such quirements of section 1248(a)(2). ‘‘(C) RATIO OF 10 PERCENT OR LESS.—If the property) is 15 percent or less of the rental ‘‘(4) TREATMENT OF AMERICAN DEPOSITORY ratio for any calendar month determined income produced by such property. RECEIPTS.—For purposes of this section, an under subparagraph (A) would (but for this ‘‘(4) TREATMENT OF CERTAIN DISTRIBU- American depository receipt for stock in a subparagraph) be 10 percent or less, such TIONS.—A distribution with respect to stock foreign corporation shall be treated as stock ratio for such month shall be zero. in a corporation which is not a dividend shall in such corporation. ‘‘(D) VALUATION OF ASSETS IN CASE OF REAL be treated as a disposition. NDEXED ASIS ‘‘(c) I B .—For purposes of this ESTATE INVESTMENT TRUSTS.—Nothing in this ‘‘(5) SECTION CANNOT INCREASE ORDINARY section— paragraph shall require a real estate invest- LOSS.—To the extent that (but for this para- ‘‘(1) GENERAL RULE.—The indexed basis for ment trust to value its assets more fre- graph) this section would create or increase any asset is— quently than once each 36 months (except a net ordinary loss to which section 1231(a)(2) ‘‘(A) the adjusted basis of the asset, multi- where such trust ceases to exist). The ratio applies or an ordinary loss to which any plied by under subparagraph (A) for any calendar other provision of this title applies, such ‘‘(B) the applicable inflation ratio. month for which there is no valuation shall provision shall not apply. The taxpayer shall ‘‘(2) APPLICABLE INFLATION RATIO.—The ap- be the trustee’s good faith judgment as to be treated as having a long-term capital loss plicable inflation ratio for any asset is the such valuation. in an amount equal to the amount of the or- percentage arrived at by dividing— ‘‘(3) QUALIFIED INVESTMENT ENTITY.—For dinary loss to which the preceding sentence ‘‘(A) the gross domestic product deflator purposes of this subsection, the term ‘quali- applies. for the calendar quarter in which the disposi- fied investment entity’ means— ‘‘(6) ACQUISITION DATE WHERE THERE HAS tion takes place, by ‘‘(A) a regulated investment company BEEN PRIOR APPLICATION OF SUBSECTION (a)(1) ‘‘(B) the gross domestic product deflator (within the meaning of section 851), and WITH RESPECT TO THE TAXPAYER.—If there has for the calendar quarter in which the asset ‘‘(B) a real estate investment trust (within been a prior application of subsection (a)(1) was acquired by the taxpayer (or, if later, the meaning of section 856). to an asset while such asset was held by the the calendar quarter ending on December 31, ‘‘(f) OTHER PASS-THRU ENTITIES.— taxpayer, the date of acquisition of such 1994). ‘‘(1) PARTNERSHIPS.—In the case of a part- asset by the taxpayer shall be treated as not The applicable inflation ratio shall never be nership, the adjustment made under sub- earlier than the date of the most recent such less than 1. The applicable inflation ratio for section (a) at the partnership level shall be prior application. any asset shall be rounded to the nearest passed through to the partners. ‘‘(7) COLLAPSIBLE CORPORATIONS.—The ap- 1⁄1000. ‘‘(2) S CORPORATIONS.—In the case of an S plication of section 341(a) (relating to col- ‘‘(3) GROSS DOMESTIC PRODUCT DEFLATOR.— corporation, the adjustment made under sub- lapsible corporations) shall be determined The gross domestic product deflator for any section (a) at the corporate level shall be without regard to this section. calendar quarter is the implicit price passed through to the shareholders. ‘‘(j) REGULATIONS.—The Secretary shall deflator for the gross domestic product for ‘‘(3) COMMON TRUST FUNDS.—In the case of a prescribe such regulations as may be nec- such quarter (as shown in the first revision common trust fund, the adjustment made essary or appropriate to carry out the pur- thereof). under subsection (a) at the trust level shall poses of this section.’’ ‘‘(d) SHORT SALES.— be passed through to the participants. (b) CLERICAL AMENDMENT.—The table of ‘‘(1) IN GENERAL.—In the case of a short ‘‘(g) DISPOSITIONS BETWEEN RELATED PER- sections for part II of subchapter O of chap- sale of an indexed asset with a short sale pe- SONS.— ter 1 is amended by inserting after the item riod in excess of 1 year, for purposes of this ‘‘(1) IN GENERAL.—This section shall not relating to section 1021 the following new title, the amount realized shall be an apply to any sale or other disposition of item: amount equal to the amount realized (deter- property between related persons except to mined without regard to this paragraph) the extent that the basis of such property in ‘‘Sec. 1022. Indexing of certain assets for pur- multiplied by the applicable inflation ratio. the hands of the transferee is a substituted poses of determining gain or In applying subsection (c)(2) for purposes of basis. loss.’’ January 9, 1995 CONGRESSIONAL RECORD — SENATE S 677 (c) ADJUSTMENT TO APPLY FOR PURPOSES This political incentive structure en- S. 184. A bill to establish an Office for OF DETERMINING EARNINGS AND PROFITS.— courages deficit spending and the nega- Rare Disease Research in the National Subsection (f) of section 312 (relating to ef- tive economic consequences which flow Institutes of Health, and for other pur- fect on earnings and profits of gain or loss and of receipt of tax-free distributions) is from such spending. In part, I support poses; to the Committee on Labor and amended by adding at the end thereof the the balanced budget constitutional Human Resources. following new paragraph: amendment because I believe that it THE OFFICE FOR RARE DISEASE RESEARCH ACT ‘‘(3) EFFECT ON EARNINGS AND PROFITS OF would alter these incentives. However, OF 1995 INDEXED BASIS.— until such time as the balanced budget ∑ Mr. HATFIELD. Mr. President, last ‘‘For substitution of indexed basis for ad- amendment is passed by both Houses of October, I was distressed as I con- justed basis in the case of the disposition of the Congress I would propose a more fronted two painful losses: the death of certain assets, see section 1022(a)(1).’’ limited restructuring of incentives. a very dear friend of mine, Eric Lopez, (d) EFFECTIVE DATE.—The amendments The proposed legislation would hold and the demise of my legislation to made by this section shall apply to disposi- Members collectively responsible for tions after December 31, 1994, in taxable create an Office for Rare Disease Re- years ending after such date. year-end deficits by reducing their pay. search at the National Institutes of SEC. 4. CAPITAL LOSS DEDUCTION ALLOWED Such a pay reduction is premised Health. It was devastating yet apt that WITH RESPECT TO SALE OR EX- upon the fact that the Congress has both were lost at the same time, be- CHANGE OF PRINCIPAL RESIDENCE. failed in an essential responsibility (a) IN GENERAL.—Subsection (c) of section cause it was Eric and his rare debilitat- when it has failed to legislate a bal- ing disease, Epidermolysis bullosa, 165 (relating to limitation on losses of indi- anced budget. By demonstrating an in- viduals) is amended by striking ‘‘and’’ at the that originally inspired me to intro- end of paragraph (2), by striking the period ability to contain its appetite for duce this legislation. at the end of paragraph (3) and inserting ‘‘; spending, the Congress has acted irre- I am proud to announce that the Na- and’’, and by adding at the end the following sponsibly by imposing upon the present tional Institute of Arthritis, Musculo- new paragraph: and future generations of the American skeletal and Skin Diseases will rename ‘‘(4) losses arising from the sale or ex- people the burdens of deficit spending. the National Registry of Epidermolysis change of the principal residence (within the As a result, the long-term fiscal stabil- meaning of section 1034) of the taxpayer.’’ bullosa in honor of Eric Lopez. His ity of the country which Members of (b) EFFECTIVE DATE.—The amendment courage and perseverance helped to made by subsection (a) shall apply to sales Congress have been selected to govern raise the public’s awareness of this dis- and exchanges after December 31, 1994, in is eroded. The disincentive toward defi- ease through the establishment of the taxable years ending after such date. cit spending contained in S. 183, while Dystrophic Epidermolysis Bullosa Re- admittedly an imprecise counterweight By Mr. ABRAHAM: search Association, known as DEBRA. to the political incentives which oper- Eric personalized the plight of a large S. 183. A bill to provide that pay for ate in favor of deficit spending, at least Members of Congress shall be reduced group of Americans afflicted by rare balances to some degree the calculus of diseases. Last session, my legislation whenever total expenditures of the forces confronting Members who are Federal Government exceed total re- passed the Senate but ran out of time tempted by the lure of deficit spending. in the House. We were so close to en- ceipts in any fiscal year, and for other Section 1 of S. 183 sets forth in short purposes; to the Committee on Govern- acting this bill that we cannot justify title, the Congressional Fiscal Respon- mental Affairs. its dissolution now. In the memory of sibility Incentive Act. Section 2(a) de- Eric and many others like him, let us THE CONGRESSIONAL FISCAL RESPONSIBILITY fines the essential procedures by which ACT endorse this legislation with unani- a determination is made at the end of mous consent. each fiscal year whether or not a bal- Diseases are labeled as rare when less anced budget has been achieved. If it Mr. ABRAHAM. Mr. President, I in- than 200,000 people are afflicted; how- ∑ has not been achieved, the 10 percent troduce S. 183, the Congressional Fiscal ever, grouped together, these diseases pay cut takes effect immediately. Such Responsibility Incentive Act, which affect over 10 to 20 million Americans. a reduction in pay is maintained until provides that the salary of Members of Collectively, the term ‘‘rare’’ appears it is determined, by the same proce- Congress be reduced by 10 percent to be a misnomer. A large portion of dures, that a balanced budget has been whenever the Federal Government is our population is battling diseases that unable to balance the budget at the achieved for a subsequent fiscal year. are not only extremely difficult to di- close of a fiscal year. If further pro- Section 2(b) sets forth procedures de- agnose but also difficult to treat and vides that such a reduced salary level signed to ensure that the objectives of almost impossible to cure. These indi- remain in effect until the Government this legislation are not undermined in viduals exist as islands without an- is successful in achieving a balanced various ways. It would require that swers, without support systems, and budget. The bill’s requirements would measures to increase congressional pay paramount, without hope. Ambiguous ‘‘sunset,’’ however, upon passage of a not be combined in bills laden with symptoms involving multiple organ balanced budget constitutional amend- other subjects and it would require systems lead to years of frustration in ment by both Houses of the Congress. that a explicit rollcall vote be cast on testing and misdiagnosis for the suffer- It is a fundamental responsibility of pay increases. Finally, section 3 would ers. The medical profession also shares Government to live within its means. have the proposed legislation take ef- in this frustration as the information When it fails to do so, damaging eco- fect in connection with the first fiscal to aid in diagnosis is nonexistent or nomic consequences result—either in year beginning after its enactment. It scarce at best. There are currently no terms of increased levels of inflation, would also ‘‘sunset’’ the legislation centers of research, information, or higher interest rates, or diminished upon the passage of a balanced budget support for the patient or the physi- levels of capital for private invest- constitutional amendment by both cian. In today’s environment of pro- ment. The principal reason for the Fed- Houses of the Congress. Under this gressive health care, this is a travesty. eral Government failing to balance its amendment, a balanced budget would Research is the most vital aspect of budget is that Members of Congress become the norm and further deficit medicine, as we look to discovering find it difficult to resist temptations to spending would require the express sup- cures. NIH has 20 Institutes of research spend more money than they are will- port of a three-fifths super majority of that are centered around groups of dis- ing to raise from taxpayers. There is each House of the Congress. eases or organ systems. Rarely do strong political incentive for Members Mr. President, S. 183 is not a panacea these separate organizations commu- to engage in deficit spending. On the for our current fiscal problems. How- nicate and coordinate research initia- one hand, they reap the benefits of ever, until such time as a balanced tives. Obviously, such a fragmented ap- such spending by pleasing individuals budget amendment is placed into the proach further worsens the status of who are its beneficiaries. On the other Constitution, it would effect a small research on multisystemic diseases, hand, they do not have to displease but potentially important step toward such as the rare diseases, and lends it- other individuals who would otherwise more responsible Government.∑ self to repetition and duplicationof have to pay higher taxes to support the projects. Unlike the larger, more visi- spending. By Mr. HATFIELD: ble diseases such as heart and kidney S 678 CONGRESSIONAL RECORD — SENATE January 9, 1995 disease, oftentimes the rare diseases by adding at the end thereof the following The various institutes of NIH are respon- are lost in the bureaucratic shuffle. new section: sible for research on diseases that effect spe- My legislation avoids the establish- ‘‘SEC. 404F. OFFICE FOR RARE DISEASE RE- cific body systems. Yet many rare diseases ment of yet another bureaucratic cen- SEARCH. cross the boundaries of each institutes’ re- ter by delineating and defining the du- sponsibilities. For example, a rare disease may have neurological and immunological ties of the already existing Office of ‘‘(a) ESTABLISHMENT.—There is established components (NINDS and NIAID), dermato- the Director of NIH. Foremost, the Of- within the Office of the Director of the Na- logical symptoms (NIAMS), effect infants fice will formulate a strategic plan for tional Institutes of Health an office to be and children (NICHD) and be inherited rare disease research which will sup- known as the Office for Rare Disease Re- (NIGMS and the Human Genome Center). An port research, award grants and con- search (in this section referred to as the ‘Of- Office for Rare Disease Research at NIH tracts, and coordinate efforts among fice’). The Office shall be headed by a direc- would coordinate these various research ef- Institutes and other Federal agencies. tor, who shall be appointed by the Director forts in order to avoid duplication and waste Identification of present research of the National Institutes of Health. of precious resources. It would also develop ‘‘(b) PURPOSE.—The purpose of the Office is projects, both private and Federal, and and operate a rare disease clinical database to promote and coordinate the conduct of re- so that patients and physicians could locate of opportunities and needs for future search on rare diseases through a strategic research will assist in preventing un- research projects relevant to their disease. research plan and to establish and manage a Conversely, since 47% of rare disease re- necessary duplication. Coordination rare disease research clinical database. searchers complain that it is difficult to lo- ‘‘(c) ADVISORY COUNCIL.—The Secretary among the Institutes will facilitate re- cate a sufficient number of patients to par- shall establish an advisory council for the search efforts and thereby increase the ticipate in clinical protocols, the Office and purpose of providing advice to the director of effectiveness of every Federal dollar the database would greatly alleviate this expended. the Office concerning carrying out the stra- tegic research plan and other duties under problem. In addition, the bill establishes a Na- this section. Section 222 shall apply to such Senator Hatfield, so much of public policy tional Advisory Council on Rare Dis- council to the same extent and in the same is directed toward ‘‘major’’ health threats; ease Research, which will be composed manner as such section applies to commit- rare disorders are treated as if they are of individuals appointed by the Direc- tees or councils established under such sec- ‘‘minor’’ problems. The suffering is quite tor of the NIH. The Council will review tion. real, the morbidity and mortality is immeas- and assess research needs, priorities, ‘‘(d) DUTIES.—In carrying out subsection urable, and the hopelessness of knowing that (b), the director of the Office shall— research is not being pursued is devastating and funding to advise the NIH on the not only to 20 million patients but to their development and implementation of ‘‘(1) develop a comprehensive plan for the conduct and support of research on rare dis- families and friends. The suffering of these the strategic research plan. eases; people is not ‘‘minor,’’ and the frustrations Finally, my legislation establishes a ‘‘(2) coordinate and disseminate informa- of rare disease scientists is compelling. When national research database, accessible tion among the institutes and the public on they cannot get funding for their research, to both medical professionals and the rare diseases; when they cannot find a commercial sponsor public. This will connect researchers ‘‘(3) support research training and encour- to market a new treatment, when they can- with patients for clinical trials, pro- age the participation of a diversity of indi- not locate patients for clinical trials, they vide physicians and individuals with viduals in the conduct of rare disease re- are forced to change their focus and move to information on trials, and connect pa- search; diseases that have more chance of attracting ‘‘(4) identify projects or research on rare funds. tients with support groups. This diseases that should be conducted or sup- The Office of Rare Disease Research will database will provide the necessary in- ported by the National Institutes of Health; provide hope and comfort to masses of Amer- formation to cohesively plan an attack ‘‘(5) develop and maintain a central icans with rare disorders who continue to on these diseases. database on current government sponsored fall through the cracks of biomedical re- In these times of tightening fiscal re- clinical research projects for rare diseases; search, and a safe haven for scientists who sources, Federal expenditures need to ‘‘(6) determine the need for registries of re- have devoted their careers to these devastat- be stringently examined for worthiness search subjects and epidemiological studies ing illnesses. It will also signify for the first and applicability to the majority of of rare disease populations; and time that the federal government, through a ‘‘(7) prepare biennial reports on the activi- carefully planned and coordinated program, population. Despite the inability to put ties carried out or to be carried out by the a dollar value on human suffering, it is is determined to eradicate orphan diseases. Office and submit such reports to the Sec- Very truly yours, still our duty as legislators to address retary and the Congress.’’. ABBEY S. MEYERS, and hopefully diminish it. The legisla- President.∑ tion I reintroduce today has the merits NATIONAL ORGANIZATION FOR RARE DISORDERS, INC., of assisting many Americans in des- By Mr. BUMPERS: perate need and, not necessity by re- New Fairfield, CT, November 30, 1994. S. 185. A bill to transfer the Fish quiring further expenditure of Federal Hon. MARK O. HATFIELD, Hart Senate Office Building, Farming Experimental Laboratory in dollars. The funding for this program Washington, DC. Stuttgart, Arkansas, to the Depart- was included in the appropriations bill Attention: Meagan Sexauer. ment of Agriculture, and for other pur- for NIH in fiscal year 1995 and, there- fore, is already available. This is an DEAR SENATOR HATFIELD: The National Or- poses; to the Committee on Environ- ganization for Rare Disorders (NORD) fully ment and Public Works. ideal opportunity to demonstrate that supports your effort to enact legislation to humanitarianism can coexist with fi- create the Office for Rare Disease Research THE STUTTGART NATIONAL AQUACULTURE nancial acumen. Let us open this con- at NIH. As you know, creation of a central RESEARCH CENTER ACT OF 1995 gressional session with a bipartisan tri- office to coordinate the various research ac- umph and enact this legislation as soon tivities on behalf of these diseases was the as possible. primary recommendation of the National Mr. BUMPERS. Mr. President, today I ask for unanimous consent that the Commission on Orphan Diseases. The Com- mission’s report was submitted to Congress I am introducing legislation to transfer text of the bill, along with a letter in 1989, and until now Congress has not acted the Fish Farming Experimental Lab- from the National Organization of Rare upon those recommendations. oratory in Stuttgart, AR, from the De- Disorders be placed in the RECORD. The scope of the orphan disease problem is partment of the Interior to the Depart- There being no objection, the mate- enormous. There are more than 5,000 of these ment of Agriculture. This legislation rial was ordered to be printed in the disorders, each one affecting fewer than also requires that the name of the lab RECORD, as follows: 200,000 Americans. Combined together all be changed to the Stuttgart National rare disorders touch the lives of an esti- S. 184 mated 20 million Americans. They cripple, Aquaculture Research Center. Be it enacted by the Senate and House of Rep- maim and kill thousands of people every resentatives of the United States of America in year, yet little research is being pursued on Congress assembled, most of these illnesses. The National Insti- This Fish Farming Experimental SECTION 1. SHORT TITLE. tutes of Health (NIH) support the vast ma- Laboratory was established under the This Act may be cited as the ‘‘Office for jority of biomedical research on rare dis- Fish and Rice Rotation Act of 1958, Rare Disease Research Act of 1995’’. orders because there is little interest in the with a mandate to conduct research re- SEC. 2. ESTABLISHMENT OF OFFICE FOR RARE private sector to pursue development of DISEASE RESEARCH. treatments that have such limited commer- lated to the commercial production Part A of title IV of the Public Health cial value due to their small potential mar- and harvesting of warm water fish. Service Act (42 U.S.C. 281 et seq.) is amended kets. When the lab was established, there January 9, 1995 CONGRESSIONAL RECORD — SENATE S 679 was little or no information available SEC. 2. TRANSFER OF FUNCTIONS TO THE SEC- ities; and to ensure that the Federal to commercial fish farmers about RETARY OF AGRICULTURE. Government pays the costs incurred by warm water aquaculture. Thanks in (A) TITLE OF PUBLIC LAW 85–342.—The title those governments in complying with of Public Law 85–342 (16 U.S.C. 778 et seq.) is large part to the lab, which has pio- amended by striking ‘‘Secretary of the Inte- certain requirements under Federal neered research in such areas as fish rior’’ and inserting ‘‘Secretary of Agri- statutes and regulations; and for other nutrition, water quality management culture’’. purposes. and fish disease prevention, commer- (b) AUTHORIZATION.—The first section of S. 9 cial fish farming is now one of the fast- Public Law 85–342 (16 U.S.C. 778) is amend- est growing industries in the country. ed— At the request of Mr. DASCHLE, the Originally, the legislation creating (1) by striking ‘‘Secretary of the Interior’’ name of the Senator from Colorado the lab, provided that it be adminis- and all that follows through ‘‘directed’’ and [Mr. CAMPBELL] was added as a cospon- tered by the Department of Agri- inserting ‘‘Secretary of Agriculture is au- sor of S. 9, a bill to direct the Senate thorized and directed’’; and the House of Representatives to culture. However, because the Depart- (2) by striking ‘‘station and stations’’ and ment of the Interior already had an es- enact legislation on the budget for fis- inserting ‘‘1 or more centers’’; and cal years 1996 through 2003 that would tablished fisheries program, Congress (3) in paragraph (5), by striking ‘‘Depart- placed the program under the Depart- ment of Agriculture’’ and inserting ‘‘Sec- balance the budget by fiscal year 2003. ment of the Interior’s Fish and Wildlife retary of the Interior’’. S. 22 (c) AUTHORITY.—Section 2 of Public Law Service. In retrospect, this decision At the request of Mr. DOLE, the name was a mistake. The Department of Ag- 85–342 (16 U.S.C. 778a) is amended by striking ‘‘, the Secretary’’ and all that follows of the Senator from Texas [Mrs. riculture, not the Department of the HUTCHISON] was added as a cosponsor of Interior has become the lead Federal through ‘‘authorized’’ and inserting ‘‘, the Secretary of Agriculture is authorized.’’ S. 22, a bill to require Federal agencies agency in the research, development, (d) ASSISTANCE.—Section 3 of Public Law to prepare private property taking im- and promotion of commercial aqua- 85–342 (16 U.S.C. 778b) is amended— pact analyses. culture. While the Department of the (1) by striking ‘‘Secretary of the Interior’’ Interior is involved in the aquaculture and inserting ‘‘Secretary of Agriculture’’; S. 131 arena, its emphasis is more conserva- and At the request of Mr. LIEBERMAN, the tion related. (2) by striking ‘‘Department of Agri- names of the Senator from New Mexico My belief that the Department of the culture’’ and inserting ‘‘Secretary of the In- [Mr. DOMENICI], the Senator from Cali- Interior is no longer the appropriate terior’’. fornia [Mrs. FEINSTEIN], the Senator agency to administer the lab was con- SEC. 3. TRANSFER OF FISH FARMING EXPERI- from South Dakota [Mr. PRESSLER], MENTAL LABORATORY TO DEPART- firmed when during an internal reorga- MENT OF AGRICULTURE. and the Senator from Oregon [Mr. HAT- nization the Stuttgart lab was trans- (A) DESIGNATION OF STUTTGART NATIONAL FIELD] were added as cosponsors of S. ferred from the Fish and Wildlife Serv- AQUACULTURE RESEARCH CENTER.— 131, a bill to specifically exclude cer- ice to the National Biological Survey (1) IN GENERAL.—The Fish Farming Experi- tain programs from provisions of the [NBS]. As my colleagues know, the mental Laboratory in Stuttgart, Arkansas, Electronic Funds Transfer Act. NBS is charged with developing an in- shall be known and designated as the ‘‘Stutt- ventory of plant and animal species gart National Aquaculture Research Cen- f and their habitats. A worthy endeavor, ter’’. (2) REFERENCES.—Any reference in a law, AMENDMENTS SUBMITTED but one that is in no way related to the map, regulation, document, paper, or other lab’s statutory mission of developing record of the United States to the laboratory methods for the commercial produc- referred to in paragraph 1 shall be deemed to tion of aquatic species. I believe it is be a reference to the ‘‘Stuttgart National CONGRESSIONAL ACCOUNTABILITY only a matter of time before the staff Aquaculture Research Center’’. ACT and the resources of the lab are redi- (b) TRANSFER OF LABORATORY TO THE DE- rected toward research efforts that are PARTMENT OF AGRICULTURE.—Subject to sec- more in keeping with the mission of tion 1531 of title 31, United States Code, not the NBS. later than 90 days after the date of enact- MCCONNELL AMENDMENT NO. 8 ment of this Act, there are transferred to the I have expressed my concerns to Sec- Department of Agriculture— Mr. MCCONNELL proposed an retary of the Interior Bruce Babbitt, (1) the personnel employed in connection amendment to amendment No. 4, pro- who agrees with me that the Depart- with the laboratory referred to in subsection posed by Mr. FORD, to the bill S. 2 to ment of Agriculture is a much more ap- (a); make certain laws applicable to the propriate place for the Stuttgart lab. (2) the assets, liability, contracts, and real legislative branch of the Federal Gov- The Department of Agriculture recog- and personal property of the laboratory; ernment; as follows: nizes that private commercial aqua- (3) the records of the laboratory; and (4) the unexpended balance of appropria- 1. On line 7 of the first page, strike from culture is an important and growing paragraph (a): ‘‘or House of Representa- component of the U.S. economy and is tions, authorizations, allocations and other funds employed, held, arising from, available tives’’; committed to providing a broad range to, or to be made available in connection 2. On line 10 of the first page, strike from of services to it. I have no doubt that with the laboratory. paragraph (b): ‘‘Committee on House Over- the Fish Farming Experimental Lab- sight of the House of Representatives and f oratory can complement and enhance the’’; the Department’s existing and growing ADDITIONAL COSPONSORS 3. On line 9 of the second page, strike from aquaculture program. subparagraph (2) of paragraph (c): ‘‘the S. 1 House of Representatives and’’; Mr. President, I hope my colleagues At the request of Mr. KEMPTHORNE, 4. On line 8 of the first page, strike from will support this legislation and I look the names of the Senator from Illinois paragraph (a): ‘‘Government’’ and substitute forward to its speedy passage. [Mr. SIMON] and the Senator from ‘‘office for which the travel was performed’’. Mr. President, I ask unanimous con- North Dakota [Mr. CONRAD] were added sent that the bill be printed in the f as cosponsors of S. 1, a bill to curb the RECORD. practice of imposing unfunded Federal There being no objection, the bill was NOTICES OF HEARINGS mandates on States and local govern- ordered to be printed in the RECORD, as ments; to strengthen the partnership COMMITTEE ON SMALL BUSINESS follows: between the Federal Government and Mr. BOND. Mr. President, I would S. 185 State, local, and tribal governments; to like to announce that the Small Busi- Be it enacted by the Senate and House of Rep- end the imposition, in the absence of ness Committee will hold a full com- resentatives of the United States of American in Congress assembled, full consideration by Congress, of Fed- mittee organizational meeting on SECTION 1. SHORT TITLE. eral mandates on State, local, and trib- Wednesday, January 11, 1995, at 4 p.m. This Act may be cited as the ‘‘Stuttgart al governments without adequate fund- in room 428A of the Russell Senate Of- National Aquaculture Research Center Act ing, in a manner that may displace fice Building. For further information, of 1995’’. other essential governmental prior- please call Louis Taylor, staff director S 680 CONGRESSIONAL RECORD — SENATE January 9, 1995 of the Small Business Committee at exist now, representing a loss rate of less community growth and environmentally be- 224–5175. than one-tenth of 1 percent through human nign, sensitive resource development; and natural processes; (17) Alaska villages, municipalities, bor- COMMITTEE ON RULES AND ADMINISTRATION (2) according to the U.S. Fish and Wildlife oughs, city governments, and Native organi- Mr. STEVENS. Mr. President, I wish more than 221 million acres of wetlands ex- zations are experiencing increasing frustra- to announce that the Committee on isted at the time of Colonial America in the tion with the constraints of the wetlands rules and Administration will meet to area that is now the contiguous United regulatory program because it interferes organize on Thursday, January 12, 1995, States and 117 million of those acres, rough- with the location of community centers, air- at 9:30 a.m., in SR–301. At this meeting ly 53 percent, have been filled, drained, or ports, sanitation systems, roads, schools, in- the committee will adopt its rules of otherwise removed from wetland status; dustrial areas, and other critical community (3) Alaska contains more wetlands than infrastructure; procedure and consider pending admin- any other State, and more wetlands than all istrative business. (18) policies that purport to achieve ‘‘no other States combined; net loss’’ of wetlands reflect a Federal re- For further information regarding (4) eighty-eight percent of Alaska’s wet- sponse to the 53 percent loss of the wetlands this meeting, please contact Christine lands are publicly owned, whereas only 26 base in the South 48, a calculation that ex- Ciccone of the Rules Committee staff percent of the wetlands in the contiguous 48 cludes Alaska wetlands; on 224–8921. States are in public ownership; (19) total wetlands loss in Alaska is less (5) approximately 98 percent of all Alaskan f than one-tenth of 1 percent of the total wet- communities, including 200 of 209 remote vil- lands acreage in Alaska; lages in Alaska, are located in or adjacent to (20) individual landowners in Alaska have AUTHORITY FOR COMMITTEES TO wetlands; experienced devaluations of up to 97 percent MEET (6) approximately 62 percent of all feder- of their property value due to wetlands regu- ally designated wilderness lands, 70 percent COMMITTEE ON COMMERCE, SCIENCE, AND lations and the tax base of many commu- of all Federal park lands, and 90 percent of TRANSPORTATION nities has diminished by those regulations. Mr. GRASSLEY. Mr. President, I ask all Federal refuge lands are located in Alas- ka, thus providing protection to approxi- unanimous consent that the Commit- SEC. 3 AMENDMENT TO THE FEDERAL WATER mately 60 million acres of wetlands; POLLUTION CONTROL ACT. tee on Commerce, Science, and Trans- (7) more than 60 million acres of wetland The Federal Water Pollution Control Act portation be authorized to meet on are conserved in some form by land designa- (33 U.S.C. 1251 et seq.) is amended— January 9, 1995, at 3:30 p.m. on legisla- tions that restrict utilization or degradation (a) in section 101(a) (33 U.S.C. 1251(a)) by— tion on telecommunications reform. of wetlands; (1) striking ‘‘and’’ at the end of paragraph The PRESIDING OFFICER. Without (8) 104 million acres of land were granted to (6); objection, it is so ordered. the State of Alaska at statehood for pur- (2) striking the period at the end of para- poses of economic development; graph (7) and inserting in lieu thereof ‘‘; f (9) approximately 43 million acres of land and’’; and NOTICE OF INTENTION TO AMEND were granted to Native Alaskans through re- (3) adding the following new paragraphs: gional and village corporations and native ‘‘(8) it is the national policy to—(A) THE STANDING RULES OF THE allotments for their use and between 45 per- achieve a balance between wetlands con- SENATE cent and 100 percent of each Native corpora- servation and adverse economic impacts on Mr. WELLSTONE. Mr. President, tions’ land is categorized as wetlands; local, regional, and private economic inter- pursuant to rule 5, paragraph 1 of the (10) development of basic community infra- ests and (B) to eliminate the regulatory tak- Standing Rules of the Senate, I hereby structure in Alaska, where approximately 75 ing of private property by the regulatory percent of the nonmountainous areas are program authorized under section 404; give written notice of my intention to wetlands, is often delayed sometimes pre- ‘‘(9) it is the national policy to encourage amend the Standing Rules of the Sen- vented by the wetlands regulatory program localized wetlands planning, without man- ate; as follows: for minimal identifiable environmental ben- dating it and by providing funds to encour- At the appropriate place, insert the follow- efit; age it, and such planning shall allow local ing: (11) the 1899 Rivers and Harbors Act for- political subdivisions and local governments SEC. . RECORDED VOTES ON APPROPRIATIONS merly regulated disposition of dredge spoils to apply differential standards for the issu- BILLS IN THE SENATE. in navigable waters, which did not include ance of wetlands permits based on factors Rule XVI of the Standing Rules of the Sen- wetlands, to keep navigable waters free of that include the relative amount of con- ate is amended by adding at the end the fol- impairments; served wetlands habitat and the wetlands lowing: (12) the 1972 Clean Water Act formed the loss rate in the State in which such political ‘‘9. An appropriations bill or appropria- basis for a broad expansion of Federal juris- subdivision or local government is located; tions bill conference report shall be voted on diction over wetlands by modifying the defi- and by the Senate by a roll call vote.’’. nition of ‘‘navigable waters’ to include all ‘‘(10) it is the national policy that compen- ‘‘waters in the United States’’; satory mitigation on wetlands or potential f (13) in 1975, a U.S. District Court ordered wetlands located outside the boundaries of a ADDITIONAL STATEMENTS the Corps to publish revised regulations con- State shall not be required, requested, or cerning the scope of the section 404 program, otherwise utilized to offset impacts to wet- regulations that expanded the scope of the lands inside that State.’’. program to include the discharge of dredged (b) in section 404(b) (33 U.S.C. 1344(b)) by ALASKA WETLANDS CONSERVA- and fill material into wetlands; inserting immediately after ‘‘anchorage’’ the TION CREDIT PROCEDURES ACT (14) the wetlands regulatory program was following: ‘‘; provided however, that the ∑ Mr. STEVENS. Mr. President, on expanded yet again by regulatory action to guidelines adopted pursuant to clause (1) for January 4 I introduced S. 49, the Alas- include isolated wetlands, those that are not a State with substantial conserved wetlands adjacent to navigable waters, and such an areas— ka Wetlands Conservation Credit Pro- expansion formed the basis for burdensome ‘‘(A) shall not include requirements or cedures Act. The bill was not printed intrusions on the property rights of Alas- standards for mitigation to compensate for at that point in the RECORD so I now kans, Alaskan Native Corporations, the wetlands loss and adverse impacts to wet- ask that it be printed. State of Alaska, and property owners in lands; The bill follows: Alaska; ‘‘(B) may include requirements or stand- S. 49 (15) expansion of the wetlands regulatory ards for minimization of adverse impacts to program in this manner is beyond what the wetlands; and Be it enacted by the Senate and House of Rep- Congress intended when it passed the Clean ‘‘(C) may include standards or require- resentatives of the United States of America in Water Act and the expansion has placed in- ments for avoidance of impacts only if the Congress assembled, creasing and unnecessary economic and ad- permit applicant is not required to establish SECTION. 1. SHORT TITLE. ministrative burdens on private property that upland alternative sites do not exists.’’. This Act may be cited as the ‘‘Alaska Wet- owners, small businesses, city governments, (c) in section 404(e) (33 U.S.C. 1344(e)) by in- lands Conservation Credit Procedures Act of State governments, farmers, ranchers, and serting at the end the following new para- 1994’’. other for negligible environmental benefit graph— SEC. 2. FINDINGS. associated with wetland permits; ‘‘(3) Notwithstanding the requirements of The Congress finds that— (16) for Alaska, a State with substantial paragraphs (1)and (2), at the request of a (1) according to the U.S. Fish and Wildlife conserved wetlands and less than 1 percent State with substantial conserved wetlands Service, approximately 170,200,000 acres of private, noncorporate land ownership, the areas, the Secretary shall issue general per- wetlands existed in Alaska in the 1780’s and burdens of the current wetlands regulatory mits for such States and the requirements approximately 170,000,000 acres of wetlands program unnecessarily inhibit reasonable under which such general permits are issued January 9, 1995 CONGRESSIONAL RECORD — SENATE S 681 shall contain a regulatory standard for dis- ‘‘(C) account for regional differences in the fiscal sanity to our budget. We cannot charge of dredged or fill material into navi- abundance and value of wetlands. wait until we grow our way out of the gable waters in such State, including wet- ‘‘(3) GENERAL PERMITS.—For permits issued debt. And we should not and cannot lands, that is no greater than the standard under this section on lands owned by Alaska under subsection (b).’’. villages, the Secretary shall issue general wait until deficits start drifting up in (d) in section 404(f)(1) (33 U.S.C. 1344(f)(1)) permits for disposition of dredged and fill the latter half of this decade before we by— material for critical infrastructure including do something. (1) striking the comma at the end of sub- water and sewer systems, airports, roads, The Congressional Budget Office tells paragraph (F) and inserting in lieu thereof a communication sites, fuel storage sites, us that the national debt held by the semicolon; and landfills, housing, hospitals, medical clinics, public will rise from approximately $3.5 (2) adding the following new subpara- schools, and other community infrastructure graphs— in rural Alaska villages without a deter- trillion to roughly $6 trillion in 2004. ‘‘(G) associated with airport safety (ground mination that activities authorized by such At that time, the national debt will and air) in a State with substantial con- a general permit cause only minimal adverse equal almost 55 percent of our gross do- served wetlands areas, and in any case asso- environmental effects when performed sepa- mestic product. By 2004, interest pay- ciated with airport safety (gound and air) rately and will have only minimal cumu- ments on that debt will be approxi- when the Secretary of Transportation deter- lative adverse effects on the environment. mately $334 billion, or over 3 percent of mines that it is advisable for public safety ‘‘(4) OTHER CONSIDERATIONS.—The Sec- our gross domestic product. One recent reasons and deems it necessary; retary shall consult with and provide assist- ‘‘(H) for construction and maintenance of ance to Alaska Natives (including Alaska report stated that these interest pay- log transfer facilities associated with log Native Corporations) and the State of Alaska ments will cost each of today’s chil- transportation activities; regarding promulgation and administration dren over $130,000 in extra taxes over ‘‘(I) for construction of tailings impound- of policies and regulations under this sec- the course of their lifetime. Our na- ments utilized for treatment facilities (as de- tion.’’.∑ tional debt is nothing less than a mort- termined by the development document) for f gage on our Nation’s, and our chil- the mining subcategory for which the dren’s future. tailings impoundment is constructed; TAX EXPENDITURE CONTROL ACT ‘‘(J) for construction of ice pads and ice Mr. President, let us not kid our- roads and for purposes of snow storage and ∑ Mr. BRADLEY. Mr. President, the selves. Addressing our burgeoning debt removal,’’. bill that I have sent to the desk makes will not be easy. If it was, we would (e) by adding at the end of section 404 (33 a very simply point. We can spend have done it years ago. Balancing the U.S.C. 1344) the following new subsections— money just as easily through the Tax budget is going to require sacrifice ‘‘(s) DEFINITIONS.—For purposes of this sec- Code as we can through the appropria- from every American. It also means tion the term— tions process or through the creation that we are going to have to take a ‘‘(1) ‘conserved wetlands’ means wetlands of mandatory spending programs. that are located in the National Park Sys- hard look at what we spend the tax- I think we should be honest about the payers’ money on. And that means all tem, National Wildlife Refuge System, Na- hundreds of billions of dollars that we tional Wilderness System, the Wild and Sce- of our spending programs, tax expendi- nic River System, and other similar Federal spend each year through tax expendi- tures included. tures. Spending is spending, whether it conservation systems, combined with wet- Today, I am introducing legislation comes in the form of a Government lands located in comparable types of con- that requires Congress, in our budget check or in the form of a special excep- servation systems established under State resolution process, to simply establish and local authority within State and local tion from the tax rates that apply to targets for reducing tax expenditures, land use systems. everyone else. ‘‘(2) ‘economic base lands’ means lands Tax expenditures or tax loopholes just as we do for other spending items. conveyed to, selected by, or owned by Alaska allow some taxpayers to lower their Those targets would be enforced Native entities pursuant to the Alaska Na- taxes and leave the rest of us paying through a separate line in our budget tive Claims Settlement Act, Public Law 92– reconciliation instructions for reduc- 203, as amended, or the Alaska Native Allot- higher taxes than we otherwise would pay. By requiring that Congress estab- tions in tax expenditures. We already ment of 1906 (34 stat. 197), and lands conveyed do this for other entitlement programs. to, selected by, or owned by the State of lish specific targets for tax expendi- Alaska pursuant to the Alaska Statehood tures as part of the budget reconcili- There is no reason not to do so for tax Act, Public Law 85–508, as amended. ation process, this bill simply places expenditures. The Senate would pass a ‘‘(3) ‘State with substantial conserved wet- tax expenditures under the same budg- budget resolution asking the Finance lands areas’ means any State which— etary scrutiny as all other spending Committee to reduce tax expenditures, ‘‘(A) contains at least 15 acres of wetlands programs. for example, by $10 billion a year or $20 for each acre of wetlands filled, drained, or Tax spending does not, as some would billion or whatever the Senate decides otherwise converted within such State is prudent. It would be up to the Fi- (based upon wetlands loss statistics reported say, simply allow people to keep more in the 1990 U.S. Fish and Wildlife Service of what they earned. Rather, it gives nance Committee to meet those targets Wetlands Trends Report to Congress entitled them a special exception from the rules through the reconciliation process. ‘Wetlands Losses In the United States 1780’s that oblige everyone to share in the re- This separate tax expenditure target to 1980’s’); or sponsibility of the national defense and would not replace our current revenue ‘‘(B) the Secretary of the Army determines protecting the young, the aged, and the targets. Instead, it would simply en- has sufficient conserved wetlands areas to infirmed. sure that the committee would take at provide adequate wetlands conservation in Mr. President, we all have been least that specified amount from tax such State, based on the policies set forth in expenditures. Or, in other words, we this Act. heartened by the recent drops in pro- ‘‘(t) ALASKA NATIVE AND STATE OF ALASKA jected budget deficits. Recent CBO fig- would ensure that the committee LANDS.— ures show the deficit dropping to $166 would not raise the targeted amount ‘‘(1) IN GENERAL.—The Secretary shall issue billion in 1996, largely due to the suc- from rate increases or excise tax in- individual and general permits pursuant to cess we had in passing the largest defi- creases. the standards and requirements of sub- cit reduction package during the 103d I expect to hear from those who will sections (a) and (b) for a State with substan- Congress. say that I am trying to increase taxes. tial conserved wetlands areas. I strongly disagree. I am simply trying ‘‘(2) PERMIT CONSIDERATIONS.—For permits However, we cannot rest on that suc- issued pursuant to this section for economic cess. Although it was a good downpay- to draw the Senate’s attention to the base lands, in addition to the requirements ment on deficit reduction, it is not very targeted spending we do through in subsections (a) and (b), the Secretary enough. Even if we succeed in reducing the Tax Code, spending that is not sub- shall— the deficit further by cutting discre- ject to the annual appropriations proc- ‘‘(A) balance the standards and policies of tionary spending, we will not even ess; spending that is not subject to the this Act against the obligations of the Unit- begin to touch the national debt. Executive order capping the growth of ed States to allow economic base lands to be We cannot afford to be timid, Mr. mandatory spending;spending that is beneficially used to create and sustain eco- nomic activity; President. Our children’s way of life is rarely ever debated on the floor of the ‘‘(B) with respect to Alaska Native lands, dependent upon our acting on the Fed- Senate once it becomes part of the Tax give substantial weight to the social and eco- eral deficit today and tomorrow and Code. The preferential deductions or nomic needs of Alaska Natives; and every year thereafter until we restore credits or depreciation schedules or S 682 CONGRESSIONAL RECORD — SENATE January 9, 1995 timing rules that we provide through segment of spending will have to be ex- win back-to-back championships, and the Tax Code are simply entitlement amined. We will not do it through dis- are still the only school in the eastern programs under another guise. Many of cretionary spending cuts alone. Indeed, time zone to win an NCAA volleyball them make sense, Mr. President. And I what is an area of the budget that is championship. would be the first to admit that. Many, shrinking in terms of gross national The members and coaches of the 1994 however, probably could not stand the product. We will not be able to do it national champion Northern Michigan light of day if we had to vote on them through entitlement cuts alone. In University Wildcats are: Kathy Jewell, as direct spending programs. order to achieve equitable, lasting defi- Rachel Dyrek, Jennie Long, April Given our critical need for deficit re- cit reduction, we will meet to consider Evans, Liu Jun, Joy Hanzal, Becky duction, tax spending should not be tax expenditures as well. Smith, Emily Carrick, Heather Long, treated any better or worse than other I urge all my colleagues to support Kim Falkenhagen, Erin Hamilton, Pau- programs. It should not be protected this bill. line Schuette, Kris Backstrom, Jill any more than Social Security pay- I list Mr. DASCHLE and Mr. KERRY as Heinrich, Jennifer Hansmann, Head ments or crop price support payments original sponsors. I ask unanimous coach Mark Rosen, assistant coach or Medicare payments or welfare pay- consent to have the text of the bill Leisa Rosen, and student assistant ments. printed in the RECORD. Kelly Brown. What am I really talking about? I am The bill follows: Mr. President on behalf of the Senate talking about letting wealthy tax- S. 98 and the people of Michigan, I congratu- payers rent their homes for 2 weeks a Be it enacted by the Senate and House of Rep- late the players and coaches of the year without having to report any in- resentatives of the United States of America in Northern Michigan University women’s come. That is already in the Tax Code. Congress assembled, volleyball team.∑ I am talking about providing produc- SECTION 1. SHORT TITLE. tion subsidies in excess of the dollars This Act may be cited as the ‘‘Tax Expend- f invested for the production of lead, iture Control Act of 1995’’. uranium and asbestos—three poisons SEC. 2. TAX EXPENDITURES INCLUDED IN BUDG- TRIBUTE TO THE UNIVERSITY OF on which we spend millions of dollars ET RESOLUTION. COLORADO FOOTBALL TEAM each year just trying to clean up. That Section 301 of the Congressional Budget ∑ Mr. BROWN. Mr. President, I rise to is already in the code. I am talking Act of 1974 is amended— recognize and congratulate the Univer- (1) in subsection (a)(2) by inserting after about tax credits for clean-fuel vehi- ‘‘Federal revenues’’, both places it appears, sity of Colorado football team on a cles, cancelation of indebtedness in- the following: ‘‘and tax expenditures (includ- great season. The CU Buffaloes finished come for farmers or real estate devel- ing income tax expenditures or other equiva- their season with 11 wins and 1 loss. On opers, special amortization periods for lent base narrowing tax provisions applying January 2, 1995, they became the Fiesta timber companies’ reforestation ef- to other Federal taxes)’’; and Bowl champions, earning the No. 3 forts, industrial development bonds for (2) in subsection (a)(4) by inserting after ranking in the Nation. airports or docks, special treatment of ‘‘budget outlays,’’ the following: ‘‘tax ex- Mr. President, Colorado won as a capital construction funds for shipping penditures (including income tax expendi- team but, three individuals deserve tures or other equivalent base narrowing tax companies, et cetera. provisions applying to other Federal special recognition for their accom- Mr. President, before we see a long taxes),’’. plishments. First, congratulation to line of people coming down to defend SEC. 3. TAX EXPENDITURE ANALYSIS IN REPORT CU tailback Rashaan Salaam who these programs that I just mentioned, ACCOMPANYING BUDGET RESOLU- rushed for 2,055 yards this past season. let me be clear that this bill does not TION. Rashaan is only the fourth person in pinpoint any specific expenditures. It Section 301(e)(1) of the Congressional collegiate football history to attain simply requires that these programs be Budget Act of 1974 is amended by inserting this mark. He has received honors in- treated in a manner similar to other after ‘‘revenues’’ the following: ‘‘and tax ex- cluding being named All-American, penditures’’. entitlement programs. All-Big Eight, and the NCAA rushing SEC. 4. RECONCILIATION MAY INCLUDE TAX EX- The Joint Tax Committee estimates PENDITURE CHANGES. champion for 1994. In December, the revenue lost from these tax expend- Section 310(a)(2) of the Congressional Rashaan became the first CU Buffalo to itures each year. While interaction ef- Budget Act of 1974 is amended by inserting receive the coveted Heisman Trophy. fects make it difficult to pinpoint after ‘‘revenues’’ the following: ‘‘and tax ex- Next, CU quarterback Kordell Stewart exact costs—how one tax expenditure penditures’’. has earned acknowledgment for his on- interacts with another—the Joint Tax SEC. 5. CONGRESSIONAL BUDGET OFFICE RE- the-field leadership of the CU Buffaloes Committee list will add up to over $425 PORT. for the past two seasons. Korell holds billion in 1995. Unchecked, this list will Section 202(f)(1) of the Congressional Budg- 38 school records, including the most et Act of 1974 is amended in the matter fol- grow by $60 billion to over $485 billion lowing subparagraph (B) by striking ‘‘and total offensive yards by a player, total by 1999. Perhaps more interesting, how- budget outlays’’ and inserting ‘‘, budget out- passing yards, and most touchdown ever, are the administration’s esti- lays, and tax expenditures’’. passes thrown. He also is the Big Eight mates of what the ‘‘outlay equiva- SEC. 6. EFFECTIVE DATE. Conference all-time total offense lents’’ for these tax expenditures are This Act and the amendments made by record holder by gaining 7,770 passing each year, in other words what they this Act shall take effect on the date of en- and rushing yards. The final notable would cost us if they were transformed actment of this Act.∑ individual is head coach Bill into direct spending programs, as op- f McCartney. Through Coach posed to hidden spending programs in McCartney’s leadership and motivation the Tax Code. The administration’s es- NORTHERN MICHIGAN UNIVERSITY the CU Buffaloes football program has timate for outlay equivalents in 1994 NCAA DIVISION II WOMEN’S become one of the strongest in the Na- added up to $550 billion; by 1998, this VOLLEYBALL CHAMPIONS tion. amount is expected to grow to over $660 ∑ Mr. LEVIN. Mr. President, I want to This was Bill McCartney’s 13th and billion. At a time when we are properly recognize and congratulate the North- final season as head coach. He retires talking about other spending cuts, I do ern Michigan University women’s as the winningest coach in Colorado’s not believe that tax expenditures volleyball team on their winning the 104-year history. Bill McCartney should be out of bounds. 1994 NCAA Division II Volleyball coached the Buffaloes to three Big I am not suggesting that we elimi- Championship on December 5, 1994. Eight championships and a national nate all these programs. In fact, many This marks the second straight year title during the 1990–91 season. I wish of them I support. All I am suggesting the Wildcats have won the NCAA Divi- all the best to Rashaan Salaam, is we put them under the same scru- sion II Championship and their third Kordell Stewart, and Bill McCartney in tiny that we put on other entitlement straight appearance in the finals. The the future. programs. championship victory capped a 32–4 If we are serious about deficit reduc- record with an .875 winning percentage. tion—and for our Nation’s future I sin- The Wildcats became only the third It gives the people of the State of cerely hope that we are—then every team in NCAA Division II history to Colorado great pride to see the CU January 9, 1995 CONGRESSIONAL RECORD — SENATE S 683

Buffaloes attain this level of excel- Wyoming [Mr. THOMAS]; the Senator unanimous consent that following the lence.∑ from Utah [Mr. HATCH]; the Senator recognition of the two leaders, the f from Hawaii [Mr. INOUYE]; the Senator Journal of proceedings be approved to from North Dakota [Mr. CONRAD]; the date, no resolutions come over under MEASURE PLACED ON Senator from Nevada [Mr. REID]; the the rule, the call of the calendar be dis- CALENDAR—S. 169 Senator from Illinois [Mr. SIMMON]; the pensed with and the morning hour be The PRESIDING OFFICER. The Senator from Hawaii [Mr. AKAKA]; the deemed to have expired. clerk will read a bill for the second Senator from Minnesota [Mr. I further ask unanimous consent that time. WELLSTONE]; the Senator from North there be a period for the transaction of The bill clerk read as follows: Dakota [Mr. DORGAN]; and the Senator morning business, not to extend be- from Colorado [Mr. CAMPBELL]. A bill (S. 169) to curb the practice of impos- yond the hour of 10 a.m., with Senators ing unfunded Federal mandates on States f permitted to speak therein up to 5 min- and local governments; to strengthen the utes each. partnership between the Federal Govern- APPOINTMENT BY THE VICE The PRESIDING OFFICER. Without ment and State, local and tribal govern- PRESIDENT objection, it is so ordered. ments; to end the imposition, in the absence The PRESIDING OFFICER. The f of full consideration by Congress, of Federal Chair, on behalf of the Vice President, mandates on State, local, and tribal govern- pursuant to section 1024, title XV, ments without adequate funding, in a man- ORDER OF PROCEDURE United States Code, appoints the fol- ner that may displace other essential gov- Mr. GRASSLEY. Mr. President, at 10 lowing Senators to the Joint Economic ernmental priorities; and to ensure that the a.m., the Senate will resume consider- Committee: Federal Government pays the costs incurred ation of S. 2, the congressional cov- The Senator from Delaware [Mr. by those governments in complying with cer- erage bill. Several amendments remain tain requirements under Federal statutes ROTH]; the Senator from Florida [Mr. to be debated. Therefore, Senators and regulations; and for other purposes. MACK]; the Senator from Idaho [Mr. should be on notice that rollcall votes CRAIG]; the Senator from Utah [Mr. Mr. GRASSLEY. Mr. President, I ob- are expected throughout Tuesday’s ses- BENNETT]; the Senator from Pennsylva- ject to further consideration at this sion of the Senate but will occur not nia [Mr. SANTORUM]; the Senator from time. prior to 2:15 p.m. The PRESIDING OFFICER. The bill Minnesota [Mr. GRAMS]; the Senator will be placed on the calendar. from New Mexico [Mr. BINGAMAN]; the f Senator from Maryland [Mr. SAR- f RECESS AT 12:30 P.M BANES]; the Senator from Massachu- APPOINTMENT BY THE VICE setts [Mr. KENNEDY]; and the Senator Mr. GRASSLEY. Mr. President, I ask PRESIDENT from Virginia [Mr. ROBB]. unanimous consent that the Senate The PRESIDING OFFICER. The Mr. GRASSLEY. Mr. President, I stand in recess from 12:30 p.m. on Tues- Chair, on behalf of the Vice President, suggest the absence of a quorum. day, January 10, until 2:15 p.m. in order pursuant to Senate Resolution 4, 95th The PRESIDING OFFICER. Without for the weekly party caucuses to meet. Congress, Senate Resolution 448, 96th objection, it is so ordered. The PRESIDING OFFICER. Without Congress, and Senate Resolution 127, The clerk will call the roll. objection, it is so ordered. 98th Congress, as amended by Senate Mr. GRASSLEY. Mr. President, I ask f Resolution 100, 101st Congress, appoints unanimous consent that the order for the following Senators to the Select the quorum call be rescinded. ADJOURNMENT UNTIL TOMORROW Committee on Indian Affairs: The PRESIDING OFFICER. Without AT 9:30 A.M. The Senator from Arizona [Mr. objection, it is so ordered. Mr. GRASSLEY. Mr. President, if MCCAIN]; the Senator from Alaska [Mr. f there is no further business to come be- MURKOWSKI]; the Senator from Mis- fore the Senate, I ask unanimous con- sissippi [Mr. COCHRAN]; the Senator ORDERS FOR TOMORROW sent that the Senate stand in adjourn- from Washington [Mr. GORTON]; the Mr. GRASSLEY. Mr. President, I ask ment in accordance with the previous Senator from New Mexico [Mr. DOMEN- unanimous consent that when the Sen- order. ICI]; the Senator from Kansas [Mrs. ate completes its business today, it There being no objection, the Senate, KASSEBAUM]; the Senator from Okla- stand in adjournment until 9:30 a.m. on at 7:07 p.m., adjourned until Tuesday, homa [Mr. NICKLES]; the Senator from Tuesday, January 10. I further ask January 10, 1995, at 9:30 a.m. January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 57 EXTENSIONS OF REMARKS

LEGISLATION DIFFERENTIATING 1–800 ‘‘BUY AMERICAN’’ (1) interest among manufacturers is suffi- ANIMAL FATS AND VEGETABLE LEGISLATION cient to warrant the establishment of a 3- OIL FROM TOXIC OIL UNDER year toll free number pilot program, and (2) manufacturers will provide fees under FEDERAL LAW HON. JAMES A. TRAFICANT, JR. section 2(c) so that the program will operate OF OHIO without cost to the Federal Government, IN THE HOUSE OF REPRESENTATIVES the Secretary shall establish such program HON. THOMAS W. EWING Monday, January 9, 1995 solely to help inform consumers whether a product is made in America or the equiva- OF ILLINOIS Mr. TRAFICANT. Mr. Speaker, I rise today lent thereof. The Secretary shall publish the IN THE HOUSE OF REPRESENTATIVES to reintroduce legislation to establish a toll- toll-free number by notice in the Federal free, 1±800 phone number consumers can call Register. Monday, January 9, 1995 to get information on products made in Amer- (b) CONTRACT.—The Secretary of Com- ica. Last year I introduced similar legislation. Mr. EWING. Mr. Speaker, I am introducing merce shall enter into a contract for— Working with Republicans and Democrats on (1) the establishment and operation of the legislation, along with Ms. Danner of Missouri, the Energy and Commerce Committee, an ex- toll free number pilot program provided for requiring Federal agencies to differentiate be- cellent and workable piece of legislation was in subsection (a), and tween organic oilsÐanimal fats and vegetable crated in 1994. The bill was approved by the (2) the registration of products pursuant to oilsÐand petroleum-based oils when promul- House last summer on a voice vote. regulations issued under section 2, gating regulations under the Oil Pollution Act The legislation I am introducing today is which shall be funded entirely from fees col- of 1990. identical to the bill that was approved by the lected under section 2(c). This commonsense legislation does not (c) USE—The toll free number shall be used Energy and Commerce Committee and re- solely to inform consumers as to whether change or weaken the underlying principles of ported to the House floor. products are registered under section 2 as the Oil Protection Act of 1990 or the other re- The legislation I am introducing today di- made in America or the equivalent thereof. lated statutes, like the Clean Water Act. It sim- rects the Commerce Department to canvass Consumers shall also be informed that reg- ply requires agencies to, one, differentiate ani- American companies to gauge their interest in istration of a product does not mean— mal fats and vegetable oils from other oils, participating in a ``1±800 Buy American Pro- (1) that the product is endorsed or ap- and two, proposes regulations that recognize gram.'' After determining that there is sufficient proved by the Government, (2) that the Secretary has conducted any the differences in the characteristics or prop- interest, the Commerce Department is directed to contract out the program to a private com- investigation to confirm that the product is erties of these oils. These natural products are a product which meets the definition of made nontoxic, and their unnecessary regulation pany. in America or the equivalent thereof, or forces businesses to comply with costly and The toll-free number would provide consum- (3) that the product contains 100 percent ers with information on products made in this counterproductive requirements. United States content. country. Under the bill, an American-made The need for this legislation is prompted by product is any product produced or assembled SEC. 2. REGISTRATION. the regulations recently issued under provi- in this country with at least 90 percent domes- (a) PROPOSED REGULATION.—The Secretary of Commerce shall propose a regulation— sions of the Oil Pollution Act of 1990, and the tic content±the same criteria used by the Fed- laws amended by the act. The Oil Pollution (1) to establish a procedure under which eral Trade Commission for determining wheth- the manufacturer of a product may volun- Act was designed to reduce the risk of, im- er or not a product can have a ``Made in tarily register such product as complying prove the response to, and minimize the im- America'' label placed on it. Only those prod- with the definition of a product made in pact of catastrophic oil spills, like the one in ucts with a sale price of $250 or more would America or the equivalent thereof and have Prince William Sound, Alaska. Unfortunately, be included in the program. The bill would such product included in the information the Oil Pollution Act's definition of ``oil,'' has subject any companies providing false infor- available through the toll free number estab- been broadly applied to nontoxic agricultural mation to Federal penalties. lished under section 1(a); One of the key components of my bill is that (2) to establish, assess, and collect a fee to products rather than just toxic oils. cover all the costs (including start-up costs) Nobody in their right mind would purposely the program would be self-financed through of registering products and including reg- ingest toxic products, but many of us consume the imposition of a modest annual registration istered products in information provided food products manufactured with animal fats fee on participating companies. under the toll-free number; and vegetable oils every day. I think we can I want to emphasize that my bill will not re- (3) for the establishment under section 1(a) all agree agricultural oils to not pose the same quire the Commerce Department to hire more of the toll-free number pilot program; and (4) to solicit views from the private sector risk to the environment and human health as people or create a new unit. The only expense to the Department would be to prepare lan- concerning the level of interest of manufac- toxic synthetic oils and, therefore, should not guage for the Federal Register and to prepare turers in registering products under the be regulated in the same fashion by the Fed- bid documents. Let me reemphasize that the terms and conditions of paragraph (1). eral Government. (b) PROMULGATION.—If the Secretary deter- program will be contracted out and run by a mines based on the comments on the regula- In the 103d Congress many Members of private company. this body agreed with me and signed letters to tion proposed under subsection (a) that the All the program would do is provide Amer- toll-free number pilot program and the reg- Secretary PenaÄ and Administrator Browner on ican consumers with information on what prod- istration of products is warranted, the Sec- this subject. A version of this legislation was ucts are made in America. When making a big retary shall promulgate such regulations passed twice by the House as part of H.R. purchase, most Americans want to buy Amer- (c) REGISTRATION FEE.— 4422 and H.R. 4852. The Senate also passed ican. This program will help them make an in- (1) IN GENERAL.—Manufacturers of products virtually the same measure. formedÐand hopefully patrioticÐdecision. included in information provided under sec- I urge my colleagues to support the bill and tion 1 shall be subject to a fee imposed by Today, I am once again asking for the sup- the Secretary of Commerce to pay the cost port of my colleagues to correct the unin- sign on as a cosponsor. The text of the bill is of registering products and including them tended consequences of the Oil Pollution Act as follows: in information provided under subsection (a). and other Federal environmental laws as we H.R. — (2) AMOUNT.—The amount of fees imposed work to eliminate the unnecessary and costly SECTION 1. ESTABLISHMENT OF TOLL FREE under paragraph (1) shall— regulatory burdens placed on U.S. business NUMBER PILOT PROGRAM. (A) in the case of a manufacturer, not be (a) ESTABLISHMENT.—If the Secretary of greater than the cost of registering the man- that do not add any additional measure of pro- Commerce determines, on the basis of com- ufacturer’s product and providing product in- tection to the environment or the health and ments submitted in rulemaking under sec- formation directly attributable to such man- safety of our citizens. tion 2, that— ufacturer, and

∑ 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 58 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 (B) in the case of the total amount of fees, al Service. People who want their mail for- Mr. Sorrentino, who received both his BSCE not be greater than the total amount appro- wardedÐand who doesn't?Ðhave no choice. and MSCE from Drexel University in Philadel- priated to the Secretary of Commerce for File a change of address notice and your phia, has served for the past 5 years as the salaries and expenses directly attributable to name and new address will be sold. registration of manufacturers and having assistant district engineer for services in engi- products included in the information pro- NCOA is a reasonable program because it neering district 6±0. The services unit has pro- vided under section 1(a). saves the Postal Service and the mailing com- vided support activities for all of the PennDot (3) CREDITING AND AVAILABILITY OF FEES.— munity money by making everyone more effi- design, construction, and maintenance activi- (A) IN GENERAL.—Fees collected for a fiscal cient. I support NCOA, but it needs one small ties in the district 6±0 jurisdiction of Bucks, year pursuant to paragraph (1) shall be cred- change. People who file a change of address Chester, Delaware, Montgomery and Philadel- ited to the appropriation account for salaries should be given a choice. They should have phia Counties. and expenses of the Secretary of Commerce the option of having their mail forwarded with- Mr. Sorrentino has led a staff of 95 engi- and shall be available in accordance with ap- out having their name and address sold to the neering technical and clerical personnel re- propriation Acts until expended without fis- world of direct mail advertisers. This is what cal year limitation. sponsible for the right-of-way acquisition, utility (B) COLLECTIONS AND APPROPRIATION the Postal Privacy Act of 1995 will do. It will relocation, geotechnical, survey, traffic, and ACTS.—The fees imposed under paragraph give people a choice. It will not end the NCOA municipal service functions of PennDot district (1)— program. 6±0. (i) shall be collected in each fiscal year in Who might be concerned about keeping a Throughout his long career with PennDot, an amount equal to the amount specified in new address private? Anyone who has fled an Mr. Sorrentino has shown leadership and appropriation Acts for such fiscal year, and abusive spouse does not want the Postal dedication and a structural designer in the (ii) shall only be collected and available for Service giving out a new address. An individ- the costs described in paragraph (2). highway design unit, as chief project manager ual who files a change of address notice on in the Philadelphia interstate office, as district SEC. 3. PENALTY. behalf of a deceased relative will not want the soils engineer, and as administrator of the Any manufacturer of a product who know- new address sold. Imagine sorting through the ingly registers a product under section 2 project management unit. He has also played which is not made in America or the equiva- affairs of a deceased family member only to a key role in the design, community coordina- lent thereof— receive a mound of unwanted mail offering tion, and implementation of such major area (1) shall be subject to a civil penalty of not new products and services to that family mem- highways as I±95, I±76 rehabilitation, I±476, more than $7500 which the Secretary of Com- ber. Jurors in highly visible trials, public fig- and I±676. merce may assess and collect, and ures, and others may have a special need for Mr. Sorrentino will retire from service to (2) shall not offer such product for pur- privacy as might elderly people who may be PennDot on January 13 to enjoy more time chase by the Federal Government. more vulnerable to unwanted solicitations. with his wife Martha and three sons: Frank Jr., SEC. 4. DEFINITION. The bottom line is that everyone should David, and Brian. I applaud and thank him for For purposes of this Act: have a choice about how his or her name and (1) The term ‘‘made in America or the his commitment to Pennsylvania transportation address is made available to others. You don't system. equivalent thereof’’ means— have to have a justification. It should be your (A) an unmanufactured end product mined Further, I commend him for his ability, dedi- or produced in the United States; or decision. The Postal Service should not make cation, and pursuit of excellence in public (B) an end product manufactured in the this decision for you. service upon his retirement. United States if the value of its components Recently, the Postal Service announced that mined, produced, or manufactured in the it would provide some protection to individuals f United States equals 90 percent or more of who have court orders protecting them against the total value of all of its components. spousal abuse. This is a small step in the right TRIBUTE TO SUPERVISOR BRADY (2) The term ‘‘product’’ means a product direction, but it is not enough. It only protects BEVIS with a retail value of at least $250. those who have gone to the trouble and ex- SEC. 5. RULE OF CONSTRUCTION. pense of obtaining a court order. Everyone Nothing in this Act or in any regulation should be entitled to the same option, but HON. LYNN C. WOOLSEY promulgated under section 2 shall be con- strued to alter, amend, modify, or otherwise without the need for a court order. The Postal OF CALIFORNIA affect in any way, the Federal Trade Com- Service has demonstrated that it is possible to IN THE HOUSE OF REPRESENTATIVES mission Act or the opinions, decisions, and provide protection to people selectively. I want rules of the Federal Trade Commission under to extend the option to everyone. Monday, January 9, 1995 such Act regarding the use of the term There is nothing new about giving consum- Ms. WOOLSEY. Mr. Speaker, I rise today to ‘‘made in America or the equivalent thereof’’ ers a choice. The Direct Marketing Association honor one of my district's most progressive in labels on products introduced, delivered has been a strong supporter of opt-out proce- for introduction, sold, advertised, or offered elected officials, Marin County supervisor, dures which give individuals a choice about Brady Bevis. Bevis was elected to represent for sale in commerce. what type of mail they receive. The associa- f the 5th Supervisorial District of Marin County tion supports its own a mail preference service in 1990. She has served the people of Novato THE POSTAL PRIVACY ACT OF 1995 that offers consumers an option. There is no and Marin County very well in this capacity for reason why the Postal Service cannot do the the past 4 years. HON. GARY A. CONDIT same thing. Brady is mother of five children and has The Postal Privacy Act of 1995 is based on been a resident of Marin for over 15 years. OF CALIFORNIA work done by the Government Operations IN THE HOUSE OF REPRESENTATIVES As we celebrate Brady Bevis' years of serv- Committee. Those who seek more information ice to this community, I wish to recognize Su- Monday, January 9, 1995 about NCOA should read ``Give Consumers A pervisor Bevis for her commitment to the peo- Mr. CONDIT. Mr. Speaker, I have today in- Choice: Privacy Implications of U.S. Postal ple of Marin County, and to thank her for her troduced the Postal Privacy Act of 1995. This Service National Change of Address Program'' long record of public service. legislation is intended to protect the privacy of (House Rept. 102±1067). I was pleased to have had the opportunity each U.S. resident who files a change of ad- f to work closely with Supervisor Bevis over the dress notice with the U.S. Postal Service. SALUTE TO FRANCIS SORRENTINO last several years on important issues such as Few people are aware that when they the conversion of Hamilton Field in Novato, change their address, the Postal Service HON. THOMAS M. FOGLIETTA bringing communications technology and train- makes the information public through a pro- OF PENNSYLVANIA ing to the College of Marin with the Digital Vil- gram called national change of address IN THE HOUSE OF REPRESENTATIVES lage program at Indian Valley campus, fighting [NCOA] NCOA has about 25 licensesÐinclud- for Novato's cable concerns, and working to ing many large direct mail companiesÐwho Monday, January 9, 1995 protect open space at Brookside Meadow. It receive all new addresses and sell address Mr. FOGLIETTA. Mr. Speaker I rise to pay has been a pleasure to work hand-in-hand correction services to mailers. If you give your tribute to one of my constituents, Mr. Francis with Brady. I continue to be impressed by her new address to the Postal Service, it can be ``Frank'' Sorrentino, who is retiring from the vision and sincere concern for others. distributed to thousands of mailers. When peo- Pennsylvania Department of Transportation Brady Bevis has been a strong and vocal ple ask ``How did they get my new address?'', [PennDot] after 34 years of distinguished and advocate for the city of Novato on the board the answer may be that it came from the Post- dedicated service. of supervisors, and she has demonstrated January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 59 great leadership on a wide variety of issues. the Federal Administrator of the General Serv- THE LORTON CORRECTIONAL She voted in support of the domestic partners ices Administration and 10 people appointed COMPLEX CLOSURE ACT ordinance and a smoking ban in public places. by local governments. Five Commission mem- Brady has helped to keep Stafford Lake open, bers will be appointed by the Fairfax County HON. FRANK R. WOLF make the County Faire more accessible, and Board of Supervisors, three Commission OF VIRGINIA assisted in the completion of funding and ap- members will be appointed by the Prince Wil- IN THE HOUSE OF REPRESENTATIVES provals for the Waldo interchange upgrade for liam County Board of Supervisors, and two Marin City. She has assisted with successful Commission members will be appointed by the Monday, January 9, 1995 school parcel tax efforts and the Pass pro- mayor of the District of Columbia, with the ad- Mr. WOLF. Mr. Speaker, how long do resi- gram in Novato. In addition, she has been ac- vice and consent of the District of Columbia dents of the District of Columbia have to en- tively involved in open space purchases in the City Council. dure the sound of gunfire ringing through their county. The Closure Commission will hold public neighborhoods? How long will the people of There is no doubt that Brady has made hearings regarding the future use of the Lorton Washington, DC, the Nation's Capital and cap- many significant contributions to our commu- land, and this legislation requires the Commis- ital of the free world, fear for their and their nity by leading and becoming active in multiple sion to operate in a manner that maximizes children's lives? How long will we tolerate drug county organizations. As an example of her local community involvement, input, and par- sales in broad daylight on street corners in the commitment to the county, Brady was chair of ticipation. In addition, the Lorton property will shadows of the White House and U.S. Capitol Marin Sane/Freeze, a founding member of be subject to all applicable Fairfax County dome? Law abiding citizens are prisoners in Marin Action, on the pro bono panel of Legal their own homes for fear of being murdered, Aid, a member of the Peace Conversion Com- zoning regulations as soon as the Federal Government's ownership interest terminates. raped, assaulted, or robbed. It is a disgrace mission, a founding board member of Exodus, that the Nation's Capital is a battleground in and a former board member of Marin Civic The Lorton Closure Act requires the Com- mission to submit a final implementation plan which law-abiding citizens are losing the fight Light Opera. She is also an active participant on crime. in the MIDAS project for Marin County and to the General Services Administrator within 17 months of enactment of this legislation. It is time to take back the streets of the Na- was appointed to the board of directors for tion's Capital. That cannot happen, though, California Elected Women's Association for The Administrator will then forward the imple- mentation plan to Congress within 1 month, unless we take back control of the Lorton cor- Education and Research. She is a member of rectional complex. How can we expect the the League of Women Voters, National Orga- and the plan will take effect 60 days later. In short, the entire process of formulating a plan dedicated law enforcement personnel who pa- nization of Women, the Sierra Club, National trol the streets of Washington to combat crime for future use of the Lorton land will be com- Women's Political Caucus, Marin Women's when we can't control substance abuse, mur- pleted within 20 months of enactment of this Coalition, Marin Conservation League, Marin der, assault, sexual harassment, bribery, and legislation. Agricultural Land Trust, and the Marin Demo- corruption in the D.C. prison system? Without Mr. Speaker, the Lorton Closure Act will cratic Club. focusing on the violence, drug abuse, corrup- remedy a dangerous situation that jeopardizes Brady received the Peacemaker of the Year tion, overcrowding and dilapidated facilities at the safety of hundreds of thousands of Ameri- Award from the Marin Center for Peace and Lorton, the crime problem in Washington can cans living in the Northern Virginia and Wash- Justice. She is graduate of Leadership never be adequately addressed. ington, DC region. The Lorton complex is in- Novato, and a participant in the Master Plan to Because I believe, based on conversations reduce alcohol and drug problems. habited by 7,300 inmates and is approximately with D.C. police and correctional officers, FBI Mr. Speaker, it is my great pleasure to pay 44 percent overcapacity. The physical plant is agents, and U.S. attorneys, that the crime tribute to Supervisor Brady Bevis. Marin Coun- outdated and in a condition of dangerous dis- problem in our great Federal City is inextrica- ty owes a great deal of gratitude for the tire- repair. The District of Columbia Department of bly linked to the reprehensible conditions at less efforts of Supervisor Bevis over the years. Corrections has not received a budget in- Lorton prison, I am introducing legislation, with Time and time again she has extended herself crease in 11 years while 3,000 more felons Representatives JIM MORAN and TOM DAVIS, on behalf of so many people and for so many have been placed in that department's cus- which addresses these problems. causes. tody. The bill that we are introducing addresses As we gather to celebrate Brady Bevis' Overcrowding and underfunding have trans- these problems of overcrowding and funding achievements I extend my hearty congratula- formed Lorton prison from a rehabilitative facil- by immediately incarcerating new District of tions and best wishes to Brady for continued ity into a training ground for career criminals Columbia felons in Bureau of Prisons facilities. success now, and in the years to come. who quickly return to the streets to resume Then, within 5 years, all remaining felons in f their criminal activity. Drug dealing and violent Lorton will have to be turned over to the con- crime is so prevalent within the walls of Lorton THE LORTON CORRECTIONAL trol of the Director of the Federal Bureau of that the Federal Bureau of Investigation and COMPLEX CLOSURE ACT Prisons. This will immediately alleviate prob- the U.S. Marshals Service must take numer- lems at Lorton and put it on track for closure HON. THOMAS M. DAVIS ous agents off the streets and permanently as- within 5 years. The D.C. Department of Cor- sign them to the Lorton facility. Further, the rections would still have responsibility for juve- OF VIRGINIA District of Columbia government appears un- IN THE HOUSE OF REPRESENTATIVES niles, misdemeanants, and pretrial detainees. able to maintain even the current annual fund- We also set up a commission of locally ap- Monday, January 9, 1995 ing level of approximately $100 million. The pointed representatives to help devise a plan Mr. DAVIS. Mr. Speaker, I rise today to in- shortage of funds has resulted in proposals to for the closure of the Lorton correctional com- troduce the ``Lorton Correctional Complex Clo- adopt an aggressive early release program plex. The involvement of the local community sure Act.'' This legislation addresses the se- whereby criminals are set free before serving is essential is establishing a smooth transition vere public safety and financial problems as- even the minimum sentence required by the and ensures that local residents will have all sociated with the District of Columbia's oper- courts. their concerns heard. The plan is to identify ation of the prison facility at Lorton, VA. The Lorton Closure Act will transfer Lorton actions with respect to each of the following: The legislation I cosponsor today with Con- prisoners into the Federal Prison System First, the future use of the land on which the gressman FRANK WOLF and Congressman where they will receive solid rehabilitation and complex is located including, if appropriate, JAMES MORAN, will, upon enactment, imme- where their sentences will not be reduced as plans for a regional park at the site. diately halt the flow of prisoners to Lorton. The a result of the District of Columbia's budget Second, the need to address the impact on Lorton Closure Act will further require that all problems. This legislation will result in in- local and regional transportation resources; remaining prisoners be transferred from the creased public safety and will guarantee a Third, if appropriate, the transfer of real Lorton facility to the control of the Federal Bu- land use decisionmaking process that is con- property and improvements thereon to Federal reau of Prisons within 5 years of enactment. trolled by local residents in a manner that agencies, including the Bureau of Prisons, for The Lorton Closure Act establishes an 11 maximizes community involvement, input, and Federal use; member Closure Commission which is re- participation. I look forward to working with Fourth, if appropriate, the disposal of real quired to recommend and identify options for Congressmen WOLF and MORAN, as well as property or improvements thereon; and the future use of the approximately 3,000 with Senators WARNER and ROBB, to achieve Fifth, changes in law or regulation to effect acres of land that comprise the Lorton com- quick consideration and passage of this impor- the purposes of this act and the closure of the plex. The Closure Commission will consist of tant legislation. Lorton correctional complex. E 60 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 This legislation is not punitive. It is an effort The report sets forth vividly the really moded, outdated, and its present use is con- to make the District a jewel of the Nation. It is outrageous conditions in the workhouse and trary to the purposes for which it was originally an effort by us to extend a hand to the new jail. The overcrowding is great in the intended. The same dormitories which were workhouse, and greater still in the jail mayor and city council in an effort to work on where, of the 600 inmates, 500 are serving designed to hold nonviolent, minimum security a truly bipartisan basis to resolve a long fes- sentences in absolute idleness, with no em- prisoners currently house up to 150 notori- tering problem. This is an effort to give the ployment and no exercise. * * * It is no ously dangerous convicts. Making matters prisoners at Lorton hope and an opportunity to longer a question as to what shall be done, worse, these dangerous men are guarded by rehabilitate themselves so that they can be- but only a question whether something shall one unarmed guard. In some circumstances come productive members of society. Last, it be done, for it is quite impossible that the they go unguarded. I have heard story after existing condition should continue. The story of inmates attacking inmates and guards. is an effort to remove a dangerously malfunc- present antiquated and unsatisfactory plan tioning facility from Virginia which poses con- ought not to be considered for a moment. These are not isolated incidents. Every cerns for residents of Fairfax and Prince Wil- year, there are many murders, assaults, and The parallels between the present situation liam Counties. malicious woundings in the prison. Drugs are and those described by President Roosevelt in I believe that the D.C. Department of Cor- as easy to obtain as procuring them on the 1908 are remarkable. Today, more than 85 street. Guards deal in narcotics or they look rections has done a good job with limited re- years later, District of Columbia prisoners still sources and my remarks today are not meant the other wayÐpartly because some are cor- serve their sentences in absolute idleness and rupt, partly because some don't care, and in any way to criticize them. I believe, how- many of the concerns that led to the establish- ever, that nothing short of radical reform is re- partly because some know there is little con- ment of Lorton 85 years ago still exist. trol and they are fearful of a riot. The prob- quired. This is not a new issue. I introduced Idleness results in unmanageable prisoners. lems are so bad that there are seven FBI legislation in the 102nd and 103d Congresses Prison guards fear personal injury; thus they agents and three assistant U.S. attorneys who to address this problem. Unfortunately, that ease the tense situation by allowing prisoners work on criminal investigations and prosecu- legislation received little attention. The new free reign to conduct their daily business. In- tions at Lorton. Congress, however, presents us with a new mates make unsupervised phone calls to the Because the prison budget is so strained, opportunity to move this bill. I am now pre- outside and conduct illegal activity from behind there has been public discussion that District pared to work with the mayor and city council the walls. Inmates control the use of the officials may consider closing one facility, on embarking on an ambitious plan to stop the phones and sell phone time to one another. thereby exacerbating overcrowding and its re- revolving crime door at Lorton. It is in the in- Inmates are not even required to wear similar lated dangers. They may close several guard terest of the District of Columbia, Fairfax prison uniforms. County, the Commonwealth of Virginia, and Many youthful offenders view matriculation towers, they may return hundreds of felons the Federal Government to cooperate in re- to Lorton as a right-of-passage. Many of their now in Federal facilities on a reimbursable solving the problems at Lorton. As partners, friends and relatives have passed through the basis and other States' facilities to Lorton, or contributing to the reform of this system, these institution and made useful contacts for future may cut back further on staff. I believe the goals can be accomplished. criminal activity, thereby perfecting their crimi- time is right and the time is now for Congress Lorton prison is a finishing school for crimi- nal skills so that, upon release, they are more to address these important issues in partner- nals. Recidivism rates among Lorton inmates proficient at exploiting the innocent and vulner- ship with the mayor and city council, and solve have been reported as high as 90 percent. A able. In simple terms these individuals are these daunting problems. 1987 U.S. General Accounting Office [GAO] committing serious crimes, serving time at Mr. Speaker, clearly this reform agenda is study found that nearly 7 of 10 adult inmates Lorton, leaving Lorton and returning to the ambitious. This situation is such that it re- living at Lorton at the time of the study had District of Columbia to commit more crimes. quires a bold new direction. President William previously been convicted of a felony offense The news is littered with stories of former Howard Taft, who succeeded Theodore Roo- in the District of Columbia and incarcerated at residents of Lorton who commit further acts of sevelt as President, commented on the D.C. Lorton. About one-third of the adult inmates violence upon release. The Washington, DC, jail in 1909: have been previously convicted and incarcer- community was horrified by the story of the It is a reproach to the National Govern- ated at Lorton more than once. The sample shooting of veteran D.C. police officer Hank ment that almost under the shadow of the used by the GAO was necessarily restrictive Daley and FBI special agents Martha Dixon Capitol dome prisoners should be confined in a building destitute of the ordinary decent which means figures of recidivism are most Martinez and John Michael Miller at the D.C. appliances requisite to cleanliness and sani- likely higher. police headquarters. The suspect in that tary conditions. Inmates should not leave the confines of senseless shooting served time at Lorton. We That condition, and worse still exists today Lorton prepared with master's degrees in drug were also stunned by the report of the sense- at Lorton. This bill is the first step in the proc- trafficking, assault, and murder. Unfortunately, less murder of young Meredith Miller in a ess to reform D.C. prisoners, combat crime in rehabilitation programs such as industry work carjacking outside her Arlington apartment the District, and renew Washington, DC. programs, vocational training programs, GED house. One suspect in the murder, who had a Mr. Speaker, in closing I would like to reit- education programs, and drug rehabilitation record of attempted burglary, unlawful entry, erate my intention to reach out to all the inter- programs are woefully inadequate. Instead of theft, destruction of public property, posses- ested parties to forge a win-win proposal for participating in rehabilitation programs, many sion of drugs, and parole violations, had been the District, Virginia, and the inmates who live inmates only lift weights or play basketball all at Lorton. A number of other serious crimes in Lorton. I would like to thank all those people day, wander the grounds of the central facility have been perpetrated by former Lorton resi- who are working toward this common goal, in- aimlessly and unsupervised, watch dents. cluding William Moschella of my staff who has mindnumbing hour after mindnumbing hour of While there are many instances of former worked tirelessly for several years on a solu- television, and perfect their deviant criminal Lorton inmates wreaking havoc when they are tion to this challenging problem. skills. released, there are also many untold stories of I have made many trips to the prison. Years dangerous crimes which occur inside the pris- f ago I participated in a prisoner counseling pro- on. According to court documents, an inmate LORTON CORRECTIONAL COMPLEX gram called Man-to-Man. From that experi- was playing basketball while wearing a gold CLOSURE ACT ence I learned that one can't put a man be- chain around his neck worth $1,200, two dia- hind bars for years, fail to give him work, fail mond rings worth $300 a piece, and a watch to give him skills, fail to offer the opportunity worth $100. When the inmate left the gym- HON. JAMES P. MORAN for him to educate himself, fail to lend struc- nasium, he was accosted by two masked in- OF VIRGINIA ture to his life and expect him to reemerge a mates, was stabbed and robbed. It is unthink- IN THE HOUSE OF REPRESENTATIVES changed person. able, unbelievable, irresponsible, and totally In 1908, President Theodore Roosevelt es- inappropriate that this inmate had jewelry in Monday, January 9, 1995 tablished a commission to study overcrowding the first place, and second that this violent at- Mr. MORAN. Mr. Speaker, this year, we at the District of Columbia's jail and to make tack even occurred. have a real opportunity to resolve the issue of recommendations to correct overcrowding at Originally, Lorton was designed as a the Lorton prison. the District of Columbia's jail. In providing workcamp for misdemeanants and drunkards, When Lorton was first constructed, it was in- Congress with the results of that Commis- in which men lived and worked side by side in tended to house 60 inmates in rural Fairfax sion's work in 1909, President Roosevelt dormitories in an effort to rehabilitate them- County. Today, the Lorton correctional com- wrote: selves. Today, Lorton's facilities are out- plex is a 3,000 acre site in suburban Fairfax January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 61 County housing more than 7,000 prisoners. [Press Release, Jan. 9, 1995] With over 200 chapters nationwide, run by Fairfax County can no longer safely house a MORAN, WOLF, DAVIS INTRODUCE LEGISLATION parent volunteers, caregivers, parents, and prison. The communities surrounding the pris- TO CLOSE LORTON PRISON family members are offered much-needed in- on have grown too large and as they continue WASHINGTON, DC.—Today, U.S. Representa- formation, referrals, and support. to press on the boundaries of the prison, the tives Jim Moran, Frank Wolf and Tom Davis In addition to these efforts, the Autism Soci- introduced legislation to close the Lorton ety of America also runs mail order bookstores safety of the residents is being compromised. Correctional Complex and relocate the cur- Another important issue driving this legisla- rent inmates to existing federal prisons. housing the largest collection of classic and tion is the question of whether resources are ‘‘This year, we have a real opportunity to contemporary works on autism; annually pub- available within the District of Columbia to op- resolve the issue of the prison at Lorton,’’ lishes six issues of the Advocate, a com- erate a large prison. The District is not a Moran said. ‘‘Today, the Lorton Correctional prehensive national newsletter on the latest Complex is a 3,000 acre site in suburban Fair- developments in the area of autism; and spon- State. It does not have the resources or the fax County housing more than 7,000 pris- sors an annual conference at which experts tax base to manage State functions such as oners. In the last decade, the communities and parents from all across the country join for operating prisons. In the past 10 years, the surrounding the prison have grown larger. The safety of the residents is being com- 4 full days of seminars, presentations, work- population of the prison has more than dou- shops, and research findings. bled while the budget has remained constant. promised—the prison must be closed.’’ The legislation calls for an eleven member Finally, the Autism Society of America has The D.C. Department of Corrections is jam- commission that would oversee the closing been a persistent voice on Capitol Hill, advo- ming prisoners into cells and dormitories that of Lorton and allow those concerned about cating for increased Federal commitment to cannot correctly house them. We have heard development of the property to have a voice biomedical research. Last year, the society reports of unsafe housing practices at the in the process. Many Lorton residents fear successfully worked with the National Insti- Lorton facility, where high security prisoners that if the facility is closed, it will be re- placed with 3,000 acres of houses, roads and tutes of Health to arrange for the first-ever are being kept in dormitory style facilities. We traffic that will choke the area with conges- workshop on autism, which is scheduled for have also heard reports of improper safety tion. Moran explained, ‘‘I understand their this spring. procedures, where there are not enough concerns, but I do not think that we should Mr. Speaker, as we observe National Au- guards to correctly and safely monitor the pris- continue an intolerable situation because we tism Awareness Week, I ask my colleagues to on. The Lorton prison has literally become a fear the alternative.’’ join me in congratulating the Autism Society of power keg with too many prisoners in too little Rep. Moran had introduced legislation dur- America for its 30 years of service. ing the 103rd Congress that would turn con- room with too little supervision. We should not trol of Lorton over to the Federal Bureau of f and cannot wait for an incident to occur before Prisons. He feels that this legislation, intro- we act. We should not put our constituents duced by all three Northern Virginia legisla- RETIREMENT OF GEORGE H. who live near the prison or who work at the tors, combines the best pieces of previous ef- ROBINSON prison at such risk. forts and improves upon them. ‘‘This legisla- In the mid-1980's, Jack Anderson wrote a tion offers a rational and realistic method for closing the facility that does not penalize column calling the Lorton prison a ``finishing the District of Columbia and establishes a HON. RONALD D. COLEMAN school'' for criminals. Since that time, the mechanism for the local community to de- OF TEXAS termine the future of the property,’’ Moran problem has become worse. The D.C. Depart- IN THE HOUSE OF REPRESENTATIVES ment of Corrections cannot afford to offer said. ‘‘This is an historic opportunity to even the most basic rehabilitation services. In- work together to close this facility. We must Monday, January 9, 1995 take advantage of it.’’ mates who leave the system are no better f Mr. COLEMAN. Mr. Speaker, on January than when they entered. In many cases, they 20, a highly respected employee of the Small are worse off. It is no coincidence that on the THE 30TH ANNIVERSARY OF THE Business Administration, Mr. George H. Rob- same day last month, articles ran in the news- AUTISM SOCIETY OF AMERICA inson, will be retiring after 31 years of devoted papers reporting the cancellation of the drug AND NATIONAL AUTISM AWARE- public service to the SBA and the small busi- treatment program in Lorton and the arrest of NESS WEEK ness community. The exemplary career of Mr. a guard trying to bring crack cocaine into the Robinson, the Assistant Administrator for complex. HON. RICHARD A. GEPHARDT Equal Employment Opportunity and Civil It is simply unacceptable for us to allow this OF MISSOURI Rights Compliance since 1974, is most de- situation to continue. Our communities de- IN THE HOUSE OF REPRESENTATIVES serving of the praise and recognition of this serve to be free of crime, not subject to crimi- Monday, January 9, 1995 body. His staunch advocacy and leadership in nals who continue to move in and out of the the struggle for efficiency and fairness in Gov- Mr. GEPHARDT. Mr. Speaker, I rise today system. The inmates themselves should be ernment service has made a difference to to honor and recognize the Autism Society of given the tools to cure their addictions and countless people, ensuring that everyone has America on its 30th anniversary. The timing of begin their lives anew, free of crime. The cur- the opportunity to work and achieve and ad- this tribute is no accident. This week, January vance according to their abilities and accom- rent situation does little to deter or prevent 9±15, is National Autism Awareness Week, crime or recidivism. With this legislation, we plishments. and no organization has done more to pro- George Robinson has displayed such skill have the opportunity to move the District's mote awareness of autism than the Autism prisoners into a prison system which rehabili- and devotion all his life. A graduate of Oberlin Society of America. College, he began his career with the Urban tates inmates, treats drug abuse, and breaks The mission statement of the society re- the cycle of crime and recidivism. We must League, working to break down racial discrimi- flects its commitment to the autism population: nation in employment by promoting fair em- seize that opportunity. The Autism Society of America exists to ployment legislation on the State and city lev- This has been and will continue to be a true promote lifelong access and opportunity for els and by forging friendships and partner- bipartisan effort. The legislation we are intro- all individuals within the autism spectrum and their families, through education, advo- ships with corporate officials. ducing combines the best pieces of previous As chairman of the Northern New Jersey efforts and improves upon them. It offers a ra- cacy, the promotion of research and in- creased public awareness, to be fully partici- March on Washington Committee in 1941, tional and realistic method for closing the facil- pating, including members of their commu- George and others persuaded Franklin Roo- ity that does not penalize the District of Co- nity. sevelt to establish the wartime Fair Employ- lumbia. It establishes the mechanism for the In 1994, the national office of the society re- ment Practices Commission. His work for this local community to determine the future of the sponded to over 12,000 requests from par- cause caught the attention of the Wright Aero- property. Through the Commission that this ents, relatives, teachers, doctors, service pro- nautical Corp. where he was brought on to legislation establishes, the local community viders, and professionals wanting information help direct the hiring and supervision of 8,000 can ensure that the area's open spaces are on topics like education, research, programs, minority workers. kept and the impact on local traffic is mini- laws, and family-coping strategiesÐall pro- It was this commitment to the cause of mized. vided free of charge. Each week, the national equal opportunity and the chance to help cre- We have an historic opportunity to work to- office handles over 200 telephone calls on its ate jobs in economically depressed areas gether and close the Lorton facility. We must toll-free line from parents and professionals through the Area Redevelopment Act that take advantage of this opportunity. wanting information, advice, and advocacy. brought George Robinson to the SBA in the E 62 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 early 1960's. That commitment remains to this hundreds of its victims. I realized then that Attorney General to conduct a preliminary in- day. present tax law is clearly inadequate in disas- vestigation when presented with credible infor- Mr. Speaker, I think you will agree with me ter of this magnitude. The Tax Code acknowl- mation alleging criminal wrongdoing by high that we are indeed losing someone special edges that it is appropriate to deduct unin- ranking executive branch officials. If the Attor- with the retirement of Mr. Robinson. His skill sured property losses, but the deduction ney General finds that further investigation is and devotion and love for his work are quali- doesn't kick in until losses exceed 10 percent warranted or makes no finding within 90 days, ties we would all do well to emulate. I con- of adjusted gross income. the act requires the Attorney General to apply gratulate George H. Robinson on a job well Since this legislation was first introduced, I to a special division of the U.S. Court of Ap- done. have received hundreds of phone calls and peals for the appointment of an independent f letters from people who are still reeling from counsel. The act also gives the Attorney Gen- the earthquake. Nearly a year has passed, but eral of the United States broad discretionary HONORING DOUGLASS W. WILHOIT, victims are still finding it difficult to find the JR. authority to seek the appointment of independ- money to repair the damages suffered. ent counsel with regard to individuals other The legislation I am introducing would par- than high executive branch officials. However, ticularly help middle-class taxpayers who suf- HON. RICHARD W. POMBO the Attorney General is not required to do so OF CALIFORNIA fer substantial damage, but who earn too in such cases. much to qualify for Federal grants and face IN THE HOUSE OF REPRESENTATIVES My bill would amend the act to treat allega- Monday, January 9, 1995 tens of thousands of dollars in repair bills. The bills would apply only in cases of feder- tions of misconduct, corruption or fraud on the Mr. POMBO. Mr. Speaker, I rise today to ally declared disasters. When an emergency is part of Justice Department attorneys in the recognize an outstanding public servant who great enough to prompt the President to de- same manner as allegations made against has recently left distinguished public service in clare a disaster and to determine that aid from high ranking Cabinet officials. In effect, the the 11th Congressional District of California. the Federal Government is warranted, then amendment would require the Attorney Gen- Douglass W. Wilhoit, Jr., of Stockton has per- stricken taxpayers surely deserve this break eral to follow the procedures of the independ- sonified the highest ideals of openness, hon- on their Federal income taxes. ent counsel law when presented with specific esty and courage as a San Joaquin County The Joint Committee on Taxation estimates and credible allegations of criminal wrong- supervisor for the past 16 years. that this legislation would cost approximately doing on the part of Justice Department attor- His support as an elected official resulted in $22 million annually. neys. My goal is to ensure that, when there is re-election every 4 years without opposition, Congress appropriated more than $8.6 bil- credible evidence of criminal wrongdoing in and he has achieved the respect of his fellow lion to help defray the estimated $15 to 20 bil- such cases, these cases are aggressively and supervisors through four terms as chairman of lion cost of the earthquake. The estimated rev- objectively investigated. the board of supervisors. enue loss to the Treasury is very small com- I am very concerned over the growing num- Mr. Wilhoit, who retired at the end of De- pared to the significant middle class tax relief ber of cases in which Justice Department at- cember, was elected for several prestigious this bill would provide to tens of thousands of torneys have been accused of misconduct, assignments while a county supervisor, includ- taxpayers who have to dip into their savings or corruption or fraud. In several cases I have ing the 1994 presidency of the California State go into additional debt to repair their homes. personally investigated, innocent men fell vic- Association of Counties. He also was chosen The bipartisan task force on disasters, ap- tim to overzealous or corrupt Federal prosecu- at the State level by three Governors for lead- pointed by the leadership of the House to rec- tors. The Justice Department has a poor ership positions dealing with job training, cor- ommend improvements in the Nation's disas- record of aggressively and objectively inves- rections, and criminal justice. ter strategy recognized the importance of im- tigating these cases. The only way to uncover Mr. Wilhoit assumed leadership positions lo- proving the ability of individuals, businesses, all the facts and guarantee that innocent lives cally in such areas as criminal justice, youth and communities to recover from disasters by are not destroyed, is to have a truly independ- programs, parks and recreations, aviation, and providing resources needed to rebuild. The ent counsel appointed to investigate. The public works. His community involvement task force's report included a recommendation American people expect that the Justice De- spans a wide range of service, such as the that Congress consider this legislation. partmentÐmore than any other Federal agen- United Way, Boys and Girls Club, American Every dollar taxpayers have to send to cyÐconduct its business with the highest level Cancer Society, Rotary International, Boys Washington is a dollar not spent in their dev- of ethics and integrity. Unfortunately, there are Scouts, and the Chamber of Commerce. astated local communities. They could spend instances where this is not always the case. It Prior to his election to the county board, he that money putting contractors and builders to is imperative that the Independent Counsel served the community for 12 years as a work, or they could use it in local stores to buy Act be amended to require that allegations of Stockton police officer. items to replace damaged possessions. criminal misconduct on the part of Justice De- Mr. Wilhoit has been recognized through the It's both good economic policy and good partment attorneys be treated with the same years with honors as ``Who's Who in Califor- sense to put every possible dollar to work to seriousness as allegations made against high nia,'' ``Outstanding Young Man of American,'' help ravaged areas rebound from disaster. I ranking cabinet officials. ``Community Leaders of America,'' and a Paul will continue to work very hard to pass this im- I hope to work with the members of the Ju- Harris Rotary Fellowship. portant tax relief legislation. diciary Committee to have the measure re- Please join with me in recognizing Douglass f viewed and approved as soon as possible. I W. Wilhoit as a great American who has urge all of my colleagues to support this bill, served his community as the consummate LEGISLATION TO EXTEND MANDA- the text of which is as follows: public servant for more than a quarter of a TORY COVERAGE OF THE INDE- century. PENDENT COUNSEL LAW TO JUS- H. R. — f TICE DEPARTMENT ATTORNEYS Be it enacted by the Senate and House of Rep- resentatives of the United States of America in INTRODUCTION OF DISASTER TAX HON. JAMES A. TRAFICANT, JR. Congress assembled, RELIEF LEGISLATION OF OHIO SECTION 1. ADDITIONAL AUTHORITY FOR AP- IN THE HOUSE OF REPRESENTATIVES POINTMENT OF INDEPENDENT HON. HOWARD L. BERMAN Monday, January 9, 1995 COUNSEL. OF CALIFORNIA Section 592(c) of title 28, United States IN THE HOUSE OF REPRESENTATIVES Mr. TRAFICANT. Mr. Speaker, today I am Code, is amended by striking ‘‘or’’ at the end reintroducing legislation to add a new section of subparagraph (A), by striking the period Monday, January 9, 1995 to the act that would require the Attorney Gen- at the end of subparagraph (B) and inserting Mr. BERMAN. Mr. Speaker, today I am pro- eral to call for the appointment of an inde- ‘‘; or’’, and by adding after subparagraph (B) posing legislation that would permit disaster pendent counsel to investigate allegations that the following: victims to deduct 100 percent of their casualty Justice Department attorneys engaged in ‘‘(C) the Attorney General, upon comple- tion of a preliminary examination under this losses when calculating their Federal personal prosecutorial misconduct, corruption, or fraud. chapter, determines that there are reason- income taxes. I introduced identical legislation in the last able grounds to believe that— I first introduced this bill in the last Congress Congress. ‘‘(i) attorneys of the Department of Justice after seeing the destruction caused by the The independent counsel provisions of the have engaged in prosecutorial misconduct, Northridge earthquake and after talking with Ethics in Government Act of 1978 require the corruption, or fraud, and January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 63 ‘‘(ii) further investigation is warranted.’’. ment. My legislation is flexible enough to fit keepers is not particularly useful in today's f into any health reform legislation, large or complex world. small, or to stand on its own as a separate A key element of this system is the speci- FAIR HEALTH INFORMATION bill. Regardless of how the health delivery and fication of the rights of patients. Each patient PRACTICES ACT OF 1995 payment system is structured, there is and will will have a bundle of rights with respect to continue to be a need for a code of fair infor- protected health care information about him- HON. GARY A. CONDIT mation practices. self or herself that is maintained by a health OF CALIFORNIA By establishing fair information practices in information trustee. In general, a patient will IN THE HOUSE OF REPRESENTATIVES statute, the long-term costs of implementation have the right to inspect and to have a copy Monday, January 9, 1995 will be reduced, and necessary protections will of that information. A patient will have the right Mr. CONDIT. Mr. Speaker, I have today in- be built in from the outset. This will assure pa- to seek correction of information that is not troduced the Fair Health Information Practices tients and medical professionals that fair treat- timely, accurate, relevant, or complete. A pa- Act of 1995. The purpose of this bill is to es- ment of health information is a fundamental tient also has a right to expect that any trustee tablish a uniform Federal code of fair informa- element of the health care system. Uniform will use and maintain information in accord- tion practices for individually identifiable health privacy rules will also assist in restraining ance with the rules in the act. A patient will information that originates or is used in the costs by supporting increased automation, have a right to receive a notice of information health treatment and payment process. simplifying the use of electronic data inter- practices. The bill establishes standards and In the last Congress, I introduced a similar change, and facilitating the portability of health procedures to make these rights meaningful bill (H.R. 4077) that was the subject of several coverage. and effective. days of hearings. In August 1994, that bill was Today, few medical professionals and fewer I want to emphasize that I have not pro- reported by the Committee on Government patients know the rules that govern the use posed a pie-in-the sky privacy code. This is a Operations and became the confidentiality part and disclosure of medical information. In a so- realistic bill for the real world. I have borrowed of the overall health care reform effort. While ciety where patients, professionals, and ideas from others concerned about health my bill died along with the rest of health care records routinely cross State borders, it is records, including the American Health Infor- reform, it was one of the only noncontroversial rarely worth anyone's time to attempt to learn mation Management Association, the parts of health reform. the rules of any one jurisdiction, let alone sev- Workgroup for Electronic Data Interchange, eral jurisdictions. One goal of my bill is to The bill that I have introduced today is iden- and the National Conference of Commis- change the culture of health records so that tical to the version reported by the Committee sioners on Uniform State Laws. Assistance professionals and patients alike will be able to on Government Operations last year. There provided last year by the American Health In- understand the rights and responsibilities of all were some changes made later in the legisla- formation Management Association was espe- participants. Common rules and a common tive process, but I thought that the committee cially valuable. language will facilitate broader understanding bill was the best starting point for now. A I believe that everyone recognizes that we lengthy explanation of the bill can be found in and better protection. Professionals will be do not have the luxury of elevating each pa- the Government Operations Committee report, able to learn the rules once with the con- tient's privacy interest above every other soci- House Report 103±601, part V. fidence that the same rules will apply wher- etal interest. Such a result would be imprac- The need for uniform Federal health con- ever they practice. Patients will learn that they tical, unrealistic, and expensive. The right an- fidentiality legislation is clear. In a report titled have the same rights in every State and in swer is to strike an appropriate balance that ``Protecting Privacy in Computerized Medical every doctor's office. Information,'' the Office of Technology Assess- There are two basic concepts that are es- protects each patients's interests while permit- ment found that the present system of protect- sential to an understanding of the new ap- ting essential uses of data under controlled ing health care information is based on a proach. First, identifiable health information conditions. This should be happening today, patchwork quilt of laws. State laws vary signifi- that is created or used during the medical but recordkeepers do not know their respon- cantly in scope, and Federal laws are applica- treatment or payment process becomes pro- sibilities, patient rights are not always clearly ble only to limited kinds of information or to in- tected health information, or individually identi- defined, and there are large gaps in legal pro- formation maintained only by the Federal Gov- fiable patient information relating to the provi- tections for health information. My bill recog- ernment. Overall, OTA found that the present sion of health care or payment for health care. nizes necessary patterns of usage and com- legal scheme does not provide consistent, This new terminology emphasizes the sensitiv- bines it with comprehensive protections for pa- comprehensive protection for privacy in health ity of the information and connotes an obliga- tients. There will be no loopholes in protection care information, whether that information ex- tion to safeguard the data. Protected health in- for information originating in the health treat- ists in a paper or computerized environment. formation generally remains subject to statu- ment or payment process. As the data moves A similar finding was made by the Institute of tory restriction no matter how it is used or dis- to other parts of the health care system and Medicine in a report titled ``Health Data in the closed. beyond, it will remain subject to the Fair Information Age.'' The second basic concept is that of a health Health Information Practices Act of 1995. This A public opinion poll sponsored by Equifax information trustee. Anyone who has access novel requirement may be the single most im- and conducted by Louis Harris and Associates to protected health information under the bill's portant feature of my bill. documents the importance of privacy to the procedures becomes a health information The legislation includes a variety of rem- American public. Eighty-five percent agree that trustee. Trustees have different sets of re- edies that will help to enforce the new stand- protecting the confidentiality of people's medi- sponsibilities and authorities depending on ards. For those who willfully ignore the rules, cal records is absolutely essential or very im- their functions. The authorities and responsibil- there are strong criminal penalties. For pa- portant in national health care reform. The poll ities have been carefully defined to balance le- tients whose rights have been ignored or vio- shows that most Americans believe protecting gitimate societal needs for data against each lated by others, there are civil remedies. There confidentiality is a higher priority than provid- patient's right to privacy and the need for con- will also be administrative sanctions and arbi- ing health insurance to those who do not have fidentiality in the health treatment process. Of tration to provide alternative, less expensive, it today, reducing paperwork burdens, or pro- course, every health information trustee has and more accessible remedies. viding better data for research. The poll also an obligation to maintain adequate security for The Fire Health Information Practices Act of showed that 96 percent of the public agrees protected health information. 1995 offers a complete and comprehensive that it is important for an individual to have the The term trustee was selected in order to plan for the protection of the interests of pa- right to obtain a copy of their own medical underscore that those in possession of identifi- tients and the needs of the health care system record. able health information have obligations that in the complex modern world of health care. Health information is a key asset in the go beyond their own needs and interests. A More work still needs to be done, and I am health care delivery and payment system. doctor who possesses information about a pa- committed to working with every group and in- Identifiable health information is heavily used tient does not own that information. It is more stitution that will be affected by the new health in research and cost containment, and this accurate to say that both the record subject information rules. I remain open to new ideas usage will only grow over time. It is too early and the recordkeeper have rights and respon- that will improve the bill. to predict what type of health reform legisla- sibilities with respect to the information. My In closing, I want to acknowledge the limits tion will be considered in the new Congress, legislation defines those rights and responsibil- of legislation. We must recognize and accept but rules governing the use and disclosure of ities. The concept of ownership of personal in- the reality that health information is not com- health information are certain to be a key ele- formation maintained by third party record pletely confidential. It would be wonderful if we E 64 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 could restore the old notion that what you tell Superintendent of Schools, I wish to recognize zens League of Marin, and the San Rafael your doctor in confidence remains secrets. In Superintendent Mauzy for his commitment to Chamber of Commerce. today's complex health care environment, improving the quality of education in Marin Mr. Speaker, it is my great pleasure to pay characterized by third party payers, medical County, and the Nation, and to thank him for tribute to Superintendent Byron Mauzy. Marin specialization, high cost care, and increasing his long record of public service. County owes a great deal of gratitude for the computerization, this is simply not possible. Byron has been with the Marin County Of- tireless efforts of Byron Mauzy over the years. My legislation does not and cannot promise fice of Education since 1967 when he was di- Time and time again he extended himself on absolute privacy. What it does offer is a code rector of business services. During the period behalf of so many people and for so many of fair information practices for health informa- between 1970 and 1982 Byron was deputy su- causes. tion. perintendent and served as interim super- I regret that I am not able to join Byron and The promise of that code to professionals intendent of the Kentfield, Sausalito, and Mill his many friends and supporters at the Em- and patients alike is that identifiable health in- Valley School Districts. bassy Suites in San Rafael as we gather to formation will be fairly treated according to a He worked as assistant superintendent of celebrate his 48 years of service in public in- clear set of rules that protect the confidentiality instructional and business services for the Del struction, but I extend my hearty congratula- interests of each patient to the greatest extent Norte County Unified School District in Cres- tions and best wishes to Byron and his wife, possible. While we may not realistically be cent City, CA. He was also a teacher and prin- Win, for continued success now, and in the able to offer any more than this, we surely can cipal at Lower Lake Elementary School in years to come. do no less for the American public. California. f f Byron earned a B.A. at San Jose State Col- ADDRESSING THE TRANSFER OF SALUTE TO DR. JOSEPH D. lege and a M.A. at Stanford University in Cali- CUSTODY ISSUE PATTERSON, SR. fornia. He receive his Ed.D from Nova Univer- sity in Fort Lauderdale, FL, and has the follow- HON. FORTNEY PETE STARK HON. THOMAS M. FOGLIETTA ing life credentials: general elementary, gen- eral secondary, elementary administrative, OF CALIFORNIA OF PENNSYLVANIA secondary administrative, and general admin- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES istrative. Monday, January 9, 1995 Monday, January 9, 1995 I was pleased to have had the opportunity Mr. STARK. Mr. Speaker, Today I am joined Mr. FOGLIETTA. Mr. Speaker, I rise to sa- to work closely with Byron over the last couple by Congresswoman CONSTANCE MORELLA, lute Dr. Joseph D. Patterson as he is installed years on important education issues. We Congressmen ROBERT MATSUI and WILLIAM as the president of the Black Clergy of Phila- shared the same view that education must be- COYNE in introducing legislation that ensures delphia at Hickman Temple A.M.E. Church on come our Nation's top priority, and Byron can that parents of emotionally disturbed and January 8. Dr. Patterson takes over the presi- be commended for his work to improve edu- physically disabled children are not required to dency of the Black Clergy, one of the most in- cation at the local level. In fact, the outstand- transfer custody of their children for the sole fluential positive social forces in the city, from ing work of our Marin County schools served purpose of obtaining public services. Rev. Jesse Brown who has lead the organiza- as a model for my successful efforts to estab- At this moment, in many States, parents are tion over the past years with great dignity and lish a coordinated services program nationally. confronted with a Hobson's choice of either ability. Under Byron's leadership, Marin County surrendering their children into the custody of Mr. Patterson is a great leader in the Phila- schools effectively made health and social the State in order to receive necessary resi- delphia community. He is a trustee at services available at or near school sites. I dential services, or retaining custody and, Cheyney University, a board member of the was also pleased to work with Byron when I therefore, denying their children the services Philadelphia Industrial Development Corp., brought both Secretary of Education Dick they need. chairman of the board of the Baltimore Ave- Riley and Health and Human Services Sec- These are not parents who have abused, nue Redevelopment Corp., and has served retary Donna Shalala to the Sixth Congres- neglected, or abandoned their children in any over the past years as first vice president of sional District to discuss education and other way, Mr. Speaker. They are simply parents the Black Clergy before his election to the issues about youth. It was a pleasure to be who cannot afford to pay the full cost of the presidency. working hand-in-hand with him, and I continue out-of-home treatment their child requires and Dr. Patterson's commitment to the strength- to be impressed by his dedication to quality have as a result, have sought the help of the ening of the community is well known. He be- education in Marin County and the Nation. State. lieves unfailingly in a comprehensive approach As an example of Byron's commitment to There are many reasons why these parents to solving society's problems, and has been the county, he is currently on the board of di- are currently required to give up custody of an outspoken advocate for health care im- rectors for the Beryl Buck Institute of Edu- their children, but key among them is the sim- provement, the strengthening of the family, the cation, Marin Council Boy Scouts of America, ple fact thatÐbecause our country has no sys- importance of education, and the elimination Sons of the American Revolution, Salvation tem designed specifically for these childrenÐ of violence in our neighborhoods. Army, California Health Research Foundation, parents are forced to rely on agencies that I join with Dr. Patterson's friends, family, Marin Suicide Prevention, San Rafael Thrift were not designed with their needs or situa- and the entire Philadelphia community in wish- and Loan, and Wild Care. Byron also serves tions in mind. Because many of these agen- ing him the best of luck at his new post, and on the American Heart Association's Hyper- cies were designed to serve children being look forward to many years of his expedient tension Council: Invest in America School Ad- placed because of abuse or neglect, their cus- leadership. visory Committee, the Community Advisory tody transfer requirements are not appropriate f Council at the Golden Gate Seminary, the to families with children who have serious TRIBUTE TO SUPERINTENDENT 14th District PTA, the Elizabeth Terwilliger emotional or physical disabilities. Also key BYRON MAUZY Foundation, the Dominican College Citizens among the reasons, Mr. Speaker, is simple Advisory Committee, the Human Rights Re- misunderstanding of the requirements of cur- HON. LYNN C. WOOLSEY source Center, and the Ross Hospital Advi- rent Federal law. sory Committees. OF CALIFORNIA We believe that parents of these children In addition, Byron is a member of the Asso- IN THE HOUSE OF REPRESENTATIVES should be able to keep custody of their chil- ciation of California School Administrators, dren, continue their involvement in decision- Monday, January 9, 1995 Marin County School Administrators Associa- making on their behalf, and work cooperatively Ms. WOOLSEY. Mr. Speaker, I rise today to tion, the Marin Association of Superintendents, with State authorities to secure needed serv- honor one of my district's most dedicated California Schoolmasters Club, Phi Delta ices. elected officials, Marin County Superintendent Kappa, Marin Rod and Gun Club, Marin Coali- The bill we are introducing today is de- of Schools, Byron W. Mauzy. Superintendent tion, Masonic Lodge, Elks Lodge No. 1108, signed to addressÐto the extent possible Mauzy was elected in 1983 and has served Native Sons of the Golden West, Marvelous under Federal lawÐthe multiple causes of the the people of Marin County well in this capac- Marin Breakfast Club, Commonwealth Club of practice of requiring parents to relinquish cus- ity. California, League of Women Voters, Marin tody of their children. These include: misinter- As we celebrate Byron's 41 years in public Builders Exchange Scholarship Committee, pretation or misapplication of title IV±E re- education, and his retirement as Marin County Marin Council of Agencies, Marin Forum, Citi- quirements; the application of custody transfer January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 65 requirements designed for abuse and neglect HONORING RONALD S. COOPER it was successful. Everybody understands we cases to children with emotional or physical need to solve the cost structure of taxes and disabilitiesÐeither because these require- LILCO rates.’’ HON. GARY L. ACKERMAN Despite the cost structure, Cooper pointed ments are an agency's standard operating OF NEW YORK out that Long Island has been a hotbed of en- procedure, or because of assumptions about IN THE HOUSE OF REPRESENTATIVES trepreneurship. Each year, Ernst & Young the desired role of the family in treatment; and Monday, January 9, 1995 selects and honors an Entrepreneur of the Year. Although it was a program that began the lack of voluntary placement procedures in Mr. ACKERMAN. Mr. Speaker, I rise today some States (which means that custody must in Indianapolis and spread nationwide, it to join with many constituents of my district in seems appropriate that a leader, such as Coo- be transferred to draw down title IV±E funds, honoring Mr. Ronald S. Cooper, managing per, should wish to recognize another upcom- or to place children out-of-home under other partner of Ernst & Young's Long Island office, ing one. ‘‘It’s the best such program on Long available funding streams, including Medicaid). for being chosen as the secretary-treasurer to Island. It focuses on the great companies—on In general, our bill would amend the six help formulate and launch the Long Island As- the positives—of Long Island. It serves as a major Federal programs that may currently be sociation [LIA] Health Alliance. The goal of this reminder that Long Island hasn’t changed used to provide out-of-home services to emo- newly formulated Health Alliance will be to that much in terms of industry. Long Island goes through cycles. It used to be a defense tionally disturbed and physically disabled chil- control the cost of health care on Long Island. industry economy, now we are moving into dren. Mr. Cooper was recently profiled in the Long high tech and biotech industries.’’ Island magazine for his outstanding accom- The amendment would require States to f provide that parents not be required to transfer plishments. It gives me a great deal of pride custody in order to have their child placed out- to reprint this article below for the benefit of MAKING IN ORDER IMMEDIATE of-home, and that all such children be placed my colleagues who do not know Mr. Cooper. CONSIDERATION OF HOUSE RES- pursuant to a voluntary placement agreement. Mr. Speaker, I ask all my colleagues in the OLUTION ADOPTING THE RULES In addition, the bill would clarify existing House of Representatives to join me now in OF THE HOUSE OF REPRESENTA- honoring Mr. Ronald S. Cooper for his many Federal law regarding custody transfer re- TIVES FOR THE 104TH CONGRESS years of leadership on Long Island. quirements under title IV±E. Reprinted from the Long Island magazine SPEECH OF As drafted, the bill would: ensure that cus- article ``Making a Positive Impact'' by Christa tody transfer requirements are not imposed on Reilly: HON. EVA M. CLAYTON children with emotional or physical disabilities; Ronald Cooper, managing partner of Ernst OF NORTH CAROLINA clarify that title IV±E does not require States to & Young’s Long Island office, is proud to IN THE HOUSE OF REPRESENTATIVES have legal custody over children in their phys- serve as secretary/treasurer to help formu- Wednesday, January 4, 1995 ical custody, or to have legal custody in order late and launch the LIA Health Alliance. to draw down Federal IV±E payments; prohibit ‘‘It’s very innovative and will be very helpful Mrs. CLAYTON. Mr. Speaker, as we begin States from requiring parents to transfer cus- in driving down the cost of health care. It’s our work this year, let us remember that our an absolute win-win situation.’’ Years from tody to access out-of-home Medicaid-EPSDT first responsibility is not to the parties to which now, he explained, it will ‘‘probably be the we belong, but the people we represent. It is treatment services; and ensure that States one thing I can be really proud that I helped have in place the necessary procedures to make happen.’’ for that reason that I rise in support of con- gressional reform and in support of several place these children without transferring cus- Taking a leadership role in projects impor- parts of the proposed rules package. I believe tody. tant to improve the quality of life on Long Island is a way of life for him. As he ex- the majority has structured some important Mr. Speaker, we believe that a full resolu- plained, ’’I have always believed, and acted changes to the way we function, and those tion of the custody transfer dilemmaÐand in- on the belief, that you must get out in front changes should not be rejected by Democrats deed the larger issue of adequate access to and lead in order to make an impact on life. simply because they are offered by Repub- I don’t enjoy being the back of the pack.’’ needed services for emotionally disturbed and licans. At the same time, we must be forever physically disabled childrenÐwill ultimately de- Cooper has served in leadership roles for a host of important community groups. He is mindful that no Member in the Chamber has pend on the development of a designated sys- treasurer of the LIA Board of Directors, and a premium on what's best for this Nation. We tem of care for these children. has made a strong impact upon the commu- all have a contract with America. This legislation, however, will provide a sig- nity through his many years of involvement What makes us a great nation is the com- nificant firs step towards ensuring that these with the UJA-Federation of Jewish Philan- passion we show for those who live in the children are able to get needed services with- thropies. ‘‘When I first realized that UJA has shadows of life. We are strong because his- out unnecessarily disrupting families, and that no office on Long Island, I spearheaded a torically we have been able to make a place task force to get them one,’’ he explained. no child is denied access to funding solely on Subsequently, he was elected as the first for all who live here, including those least able the basis of their custody status. chairman for UJA’s Long Island cabinet. to help themselvesÐthe young, the poor, the We are very excited about the possibility of Today, it is a thriving organization with a disabled. In this time of increased scrutiny, we enacting this piece of legislation. It will help $20 million campaign. must examine each and every program, but thousands of families and will correct a prac- Cooper has been recognized for his leader- we must also consider each and every person tice that everyone agrees makes no senseÐ ship. He has received the Long Island Distin- affected by our changes. We must ask the guished Leadership Award, the Distinguished for children, for parents or for our govern- question: Who is helped and who is hurt? Community Service Award of the Anti-Defa- And, at the end of each day, we must be hon- ments. In the seven States that have enacted mation League of B’nai B’rith, the Brother- a similar State bill, the bill has passed with hood Award of the National Conference of est about whether our actions helped the broad bipartisan support. Christians and Jews, and the Franklin H. many in need or the few in clover. President Kennedy said it best, 34 years ago, when he It is our expectation that introducing the bill Ornstein Human Relations Award from the stated: today will give interested people the oppor- American Jewish Committee. He has traveled to Israel about ten times A country that cannot help the many who tunity to fully examine the bill before the 104th and, with regard to the recent peace treaty are poor cannot help the few who are rich. Congress begins. Though the concept of pre- between Israel and Jordan, said, ‘‘It’s won- The contract to which each Member of this venting the transfer of custody of children is a derful. I was invited to be in the gallery Chamber is bound, is to work in the best inter- simple one, the legislative solution is more when Rabin and Hussein addressed the Joint ests of the American people. On election day, complicated. A draft copy of the bill has been House in Washington. It was a most thrilling moment to see the two of them indicate that we offered our services to this great country, well received by child welfare, mental health, the war was over.’’ and voters accepted our offer, from Rocky and parent advocacy groups, as well as re- Just like the peace treaty, the Long Island Mount, NC, to politically important New Hamp- searchers who have studied this issue. Action Plan also needs to be put into prac- shire, across the United States, past the vast We plan to reintroduce the bill January and tice. A cumulative list of more than 250 ac- stretch of Texas, to the Silicone Valley of Cali- tion items that the 12 Summit committees look forward to its passage by the next Con- fornia. We all have a contract with America. gress. compiled, the Action Plan represents the hopes of many Long Islanders. Cooper said, That contract involves being open to the ‘‘The summit has a very useful function—to challenge of change. I support many of the re- focus the public on issues we must face. The forms offered in this rules package, and I will aftermath, however, will determine whether vote for those reforms. We must get beyond E 66 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 partisan politics and move to the high ground TRIBUTE TO PETER HAMMEN TOTAL VALUE OF DEFENSE ARTI- of principle. This is a new day and a new time. CLES AND SERVICES SOLD TO There are problems which we face that tran- EACH COUNTRY/PURCHASER AS scend party and politics. Teenage pregnancies HON. BENJAMIN L. CARDIN OF 30 SEPT 94 UNDER FOREIGN MILITARY SALES (SEE PART II stifle an entire community. Violence of any OF MARYLAND kind, whether driven by drugs or propelled by FOR CONSTRUCTION SALES)—UN- deep philosophical differences, cannot and IN THE HOUSE OF REPRESENTATIVES CLASSIFIED must not be tolerated. Economic justice must Monday, January 9, 1995 [Dollars in Thousands] 1 ring true, this Congress. From the center-city Mr. CARDIN. Mr. Speaker, I rise today to Accept- youth, to the long-termed unemployed, to the Countries ed-FY 94 small farmer who helps feed America, there pay tribute to Peter Hammen, who today is being sworn in as a member of the Maryland are great expectations. No child should face Foreign Military Sales—Part I House of Delegates from the 46th Legislative hunger in this land of plenty. If welfare reform Albania ...... $5 is to have any significance, we must combine District. Peter has worked as a legislative aide Antigua and Barbuda ...... 443 with it a meaningful jobs program. With a in my Baltimore district office for almost 5 Argentina ...... 60,280 years and has been an invaluable resource in meaningful jobs program, there would be less Australia ...... 261,354 keeping me informed about community issues. Austria ...... 27,950 urgency for another crime bill. Instead of calls Peter is a fixture in East Baltimore. He was Bahrain ...... 39,999 to ``take back our streets'', there should be born and raised in Baltimore City and is a Barbados ...... 658 calls to give our streets back to the average, graduate of Archbishop Curley High School. Belgium ...... 19,607 hard-working, God-fearing citizen. Family rein- Belize ...... 394 He has served as president of St. Gerard forcement and restoration of the American Benin ...... 250 Young Men's Association. He has worked with dream must include all families, not just those Bolivia ...... 2 children through his volunteer efforts, serving Bolivia—Intl Narc ...... 20,877 with lots of money. If our citizens are secure, as a volunteer swim instructor for the YMCA, Botswana ...... 1,784 our Nation will be secure, more secure than and coaching the Highlandtown Exchange Lit- Brazil ...... 60,643 Star Wars could ever make us. And, emphasis tle League. Canada ...... 119,920 on our senior citizens is well-placed. From the Cape Verde ...... 20 Peter, who has a bachelor of science in sunrise of life to its sunset, Americans should Chad ...... 836 criminal justice and a master's in public ad- Chile ...... 1,407 feel safe and secure and well-served by Con- ministration from the University of Baltimore, gress. Colombia ...... 69,038 was elected to the House of Delegates in the Colombia—Intl Narc ...... 21,849 I too believe we can make our Government 1994 election by a very substantial margin. He Costa Rica ...... 826 smaller, yet more efficient and more effective. is hard-working, industrious, dedicated, and ef- Denmark ...... 48,766 That is why I applaud and will support several fective and he will make an outstanding legis- Djibouti ...... 286 of the reforms offered by the majority. Dominica ...... 730 lator. Dominican Republic ...... 1,099 But, real reform must include an end to gag Peter, a member of the Nature Conser- rules. There are important amendments that Ecuador ...... 5,185 vancy, has participated in efforts to clean up Ecuador—Intl Narc ...... 318 would be offered, amendments designed to the Chesapeake Bay. In Peter's assignment to Egypt ...... 473,646 improve and perfect this rules package, but the Environmental Matters Committee, he will El Salvador ...... 19,730 Members are muzzled because the majority bring a wealth of knowledge about the legisla- Ethiopia ...... 1,306 has insisted on a closed-rule for this debate. tive process and about environmental issues. Finland ...... 546,774 France ...... 47,974 No Member can offer an amendment on the There is no doubt in my mind that Peter will gift ban, for example. That is an issue that we Gabon ...... 101 be a tremendous asset in making Baltimore Gambia ...... 1,436 debated and supported last Congress. If we and Maryland a better place to live. Germany ...... 179,856 are to be leaders, we must also lead in follow- It is with pride and pleasure that I commend Ghana ...... 870 ing the rules under which we are governed. In Peter Hammen for his ability and commitment Greece ...... 308,105 this House, we have resolved that no Member to public service. While my loss is the House Grenada ...... 469 should be enriched beyond what the people of Delegates gain, I want to wish him the best Guinea ...... 499 pay. That resolve should not end with the Guinea-Bissau ...... 1,369 as he takes his place as a legislator. I hope Guyana ...... 39 Speaker, it should begin with him. One is left that my colleagues will join me in congratulat- Honduras ...... 1,535 to wonder why, if they are truly interested in ing Peter and in extending best wishes to him Indonesia ...... 10,785 reform, the majority is determined to restrain as he begins his career as a public servant. Israel ...... 2,447,156 the rest of us? Italy ...... 44,673 I will support term limits on the Speaker and f Jamaica ...... 914 committee chairs; the cost-saving provisions to Japan ...... 729,275 eliminate certain committees and cut commit- U.S. FOREIGN MILITARY SALES Jordan ...... 53,386 DURING FISCAL YEAR 1994 Kenya ...... 3,480 tee staff; the open government provision of a Korea (Seoul) ...... 433,160 verbatim CONGRESSIONAL RECORD; the prohibi- Kuwait ...... 182,784 tion on committee assignments; the ban on Latvia ...... 27 proxy voting; and other streamlining meas- HON. LEE H. HAMILTON Lebanon ...... 43,994 ures. Those are thoughtful reforms that have OF INDIANA Luxembourg ...... 118 been offered by the majority. Madagascar ...... 100 IN THE HOUSE OF REPRESENTATIVES Malawi ...... 462 But, I will continue to stand up as part of the Malaysia ...... 738,612 loyal opposition when I believe pomposity, au- Monday, January 9, 1995 Mali ...... 750 dacity, and duplicity confront us. No party or Mr. HAMILTON. Mr. Speaker, I would like to Mauritius ...... 650 person here has an exclusive on such things bring to my colleagues' attention information Mexico ...... 4,285 as family values and personal responsibility. provided by the Defense Security Assistance Morocco ...... 17,731 Those are standards I absolutely hold dear. Nacisa ...... 7,143 Agency with respect to U.S. Foreign Military Namibia ...... 828 And no party or person should be able to take Sales [FMS] pursuant to the Arms Export Con- Namsa—F104 ...... 150 the right to speak and participate from any of trol Act during fiscal year 1994. The attached Namsa—General+Nike ...... 15,657 us. Too many have sacrificed for that precious tables detail worldwide FMS sales during fiscal Namsa—Hawk ...... 439 liberty. Let no one forget. We all have a con- year 1994 for defense articles and services, Namsa—Weapons ...... 2,512 tract with America. and for construction sales. Napmo ...... 1,869 NATO ...... 332 Total U.S. FMS sales for fiscal year 1994 NARO AEW+C (O+S) ...... 7,309 were $12.865 billion, a decline from $33 billion NATO Headquarters ...... 200 in fiscal year 1993. Netherlands ...... 47,688 The tables follow: New Zealand ...... 15,830 January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 67 TOTAL VALUE OF DEFENSE ARTI- MAKING IN ORDER IMMEDIATE could do to the governing of our country. To CLES AND SERVICES SOLD TO CONSIDERATION OF HOUSE RES- assuage the small States they deliberately EACH COUNTRY/PURCHASER AS OLUTION ADOPTING THE RULES created the Senate with the guarantee of two OF 30 SEPT 94 UNDER FOREIGN OF THE HOUSE OF REPRESENTA- votes no matter the size or lack of population. MILITARY SALES (SEE PART II TIVES FOR THE 104TH CONGRESS But in the House majority rule concepts had to FOR CONSTRUCTION SALES)—UN- be safeguarded as fundamental to the true CLASSIFIED—Continued SPEECH OF definition of the ``peoples' House.'' To abro- [Dollars in Thousands] 1 HON. PATSY T. MINK gate the rule of simple majority and create a OF HAWAII super minority in the House as well would Accept- greatly alter the balance of power and dilute Countries IN THE HOUSE OF REPRESENTATIVES ed-FY 94 the voting power of each Member. Wednesday, January 4, 1995 The Constitution is the fountain and spirit of NHPLO ...... 30,188 Mrs. MINK of Hawaii. Mr. Speaker, I rise in our democracy. Its foundation should not be Niger ...... 5 opposition to the rules change which would re- uprooted by procedural rules changes de- Norway ...... 159,240 quire a 60-percent majority to pass an income signed for political gamesmenship where it is OAS HQ ...... 427 tax increase. clear that under no circumstances with this Oman ...... 1,253 majority will there be any likelihood that an in- Panama ...... 416 For over 200 years parliamentary rules of come tax increase bill will be reported to the Paraguay ...... 234 the House have conformed to the principles floor. Portugal ...... 8,420 established under the Constitution of the Unit- I urge this House to uphold the Constitution Qatar ...... 4,031 ed States which provide for rule by the major- and vote down this blatantly political maneuver Rep of Philippines ...... 21,238 ity. Saudi Arabia ...... 837,881 Majority has always meant one more than intended to depict all who stood up for the Senegal ...... 39 50 percent of the House. Constitution to be those who would vote for an Seychelles ...... 1 The Constitution originally recognized only income tax increase. Shape ...... 2,354 five instances wherein a two-thirds vote was It is tyranny when the majority sacrifices the Sierra Leone ...... 18 required: To impeach, override a veto, pass principles of the Constitution to make a politi- Singapore ...... 456,340 constitutional amendments, ratify treaties, and cal point. Spain ...... 58,212 expel Members of the House. In no case was f Sri Lanka ...... 204 it contemplated that a 60-percent vote be re- St Kitts and Nevis ...... 851 quired to pass legislation. Ordinary law-making DEPARTMENT OF TRANSPOR- St Lucia ...... 851 has always required only a simple majority TATION SHOULD STUDY ACCI- St Vincent + Gren ...... 638 vote. DENTS CAUSED BY TRUCK DRIV- Sweden ...... 33,932 The Senate rule with regard to getting 60 ERS FALLING ASLEEP AT THE Switzerland ...... 37,159 votes to stop a filibuster is purely procedural. WHEEL Taiwan ...... 360,891 It is not a requirement to pass a bill. It is a re- Thailand ...... 218,564 quirement only to take it up. The House allows HON. JAMES A. TRAFICANT, JR. Tonga ...... 15 bills to come up under suspension of the rules OF OHIO Trinidad—Tobago ...... 1,189 with a two-thirds vote, but provides that failing IN THE HOUSE OF REPRESENTATIVES Tunisia ...... 18,480 that it may come up in regular order with a Turkey ...... 2,194,101 rule. Monday, January 9, 1995 Uganda ...... 7 The rules that govern the operation of the Mr. TRAFICANT. Mr. Speaker, today I am United Arab Emirates ...... 266,663 House cannot supercede the U.S. Constitu- introducing legislation to direct the U.S. Sec- United Kingdom ...... 586,375 tion. The House cannot by a majority vote retary of Transportation to conduct a 1-year Uruguay ...... 1,773 alter the force and effect of the U.S. Constitu- study of accidents related to drivers of com- Venezuela ...... 18,956 tion and how it has been interpreted for the mercial vehicles who fall asleep at the wheel. Zambia ...... 128 past 200 years. To change that requires a The Secretary would have to make rec- Zimbabwe ...... 216 constitutional amendment. ommendations to the Congress on how to re- Classified totals 2 ...... 370,160 The new majority of the House that has well duce the number of accidents related to this Subtotal ...... 12,811,979 pleaded its case of fairness, should follow its problem. I had attached this provision to legis- own advice. lation approved last year by the House to des- Construction Sales—Part II Of course with the Republicans in charge of ignate the National Highway System. Unfortu- Antigua and Barbuda ...... 267 the agenda in the House, it is not likely that nately, an agreement could not be reached Bolivia—Intl Narc ...... 3,207 an income tax increase will come to the floor between the House and the other body on an Cape Verde ...... 121 for a vote. That being the case there will not NHS bill, and no final action was taken in the Colombia—Intl Narc ...... 93 likely be a test of this supermajority rule under last Congress. Ecuador—Intl Narc ...... 97 their tenure. And of course since this is only According to the U.S. Department of Trans- Egypt ...... 939 a Rule of the House of Representatives, when portation, in 1992 there were 33,965 accidents El Salvador ...... 2,734 the Democrats return as the majority party this involving truck drivers. Of these, 601 accidents Germany ...... 32,763 rule can be expunged. were traced directly to truck drivers falling Ghana ...... 583 It is highly irregular to allow a fundamental asleep at the wheelÐresulting in 45 fatalities. Honduras ...... 97 change in how a bill becomes law to be ef- However, in many accidents in which the driv- Israel ...... 152 fected by a change in the rules of the House. er is killed it is difficult to determine for sure Niger ...... 153 This circumvents history, tradition, and par- whether or not the driver fell asleep. As a re- Seychelles ...... 39 liamentary precedents, all of which form the sult, the real number of truck accidents related Uganda ...... 228 basis of the provisions in the Constitution of to drivers falling asleep at the wheel is more United Kingdom ...... 11,904 the United States which set out when and only than likely much higher. when a supermajority would be required. That The National Transportation Safety Board Subtotal ...... 53,378 is the only logical interpretation and expla- has estimated that when a heavy rig truck nation as to why the Constitution bothered to driver crashes and dies, an average of 4.2 in- Total ...... 12,865,357 set down the instances when such super ma- nocent victims are killed. An ongoing survey of 1 Totals may not add due to rounding. jorities would be in order. If it was intended truck drivers in Ohio being conducted by the 2 See the classified annex to the CPD. that the Congress could alter these at will National Center for Sleep Disorders in each time the Congress convened a new term Massillon, OH, has revealed that only 6 per- then it would certainly not have taken the time cent admit to having an accident related to to make this explicit in five cases. sleepiness, but 54 percent of truck drivers sur- Quite the contrary, the writers of the Con- veyed know of a fellow truck driver who has stitution knew the mischief that supermajority died in an accident related to fatigue or sleepi- votes, the so-called minority rights protections, ness. E 68 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 Mr. Speaker, there is a serious safety prob- [H]onesty and integrity are at the heart of a standpoint of the citizens there are fun- lem on our highways. My bill attempts to ad- free society. Corruption, special favors, dis- damental problems with a system in which dress this problem by directing DOT to study honesty and deception corrode the very proc- the incumbent knows that the odds are bet- ess of freedom and alienate citizens from ter than 49 to 1 that they will be reelected if the problem in-depth and recommend to Con- their country.’’ they run. * * * gress ways to address the problem and re- I am enclosing other examples of state- I will be proposing in September a package duce the number of accidents related to truck ments you have made over the years about of fairly dramatic reforms but they do not drivers falling asleep at the wheel. the importance of integrity in government just address PACs They also have to address Last year Republicans and Democrats on and the need for political reform. the question: How do you help the challenger the Public Works and Transportation Commit- You and the newly elected Republicans in have a fair chance to defeat the incumbent? tee, of which I am a member, strongly sup- the House have told the country that you are *** committed to changing the way Washington ported this provision. I urge all my colleagues [W]e have to start fundamentally reform- works. ing the structure of congressional elections to lend their support to the bill. But citizens throughout this nation clearly and the structure of incumbency advantage, H.R. — understand that there is no way to change because in the absence of doing that I think Be it enacted by the Senate and House of Rep- the way Washington works without fun- we are in a system which is going to grow resentatives of the United States of America in damental reform of the corrupt influence steadily sicker, and I think that is a very, Congress assembled, money system. This requires effective cam- very real problem. I do not think this is SECTION 1. COMMERCIAL MOTOR VEHICLE ACCI- paign finance reform and a tough gift ban for something to be shrugged off. DENTS. Members of Congress. And notice, I did not this afternoon just (a) STUDY.—The Secretary of Transpor- In your words, ‘‘The first duty of our gen- talk about Republicans or Democrats. I said tation shall conduct a study of methods to eration is to reestablish integrity and a bond incumbent advantage. reduce accidents on Federal-aid highways of honesty in the political process.’’ [Forward to ‘‘The Imperial Congress’’, 1989] caused by drivers falling asleep while operat- In your words, ‘‘We should punish wrong- ing a commercial motor vehicle used to doers in politics and government and pass re- Madison, Jefferson and Hamilton tried to transport freight. form laws to clean up the election and lobby- ensure against the rise of an imperial Con- (b) REPORT.—Not later than 1 year after ing systems.’’ gress. Yet, as the separation of powers con- the date of the enactment of this Act, the In your words, ‘‘We must insure that citi- tinues to erode, the present-day Congress has Secretary of Transportation shall transmit zen politics defeats money politics. This is become the most unrepresentative and cor- to Congress a report on the results of the the only way our system can regain its in- rupt of the modern era. It is a Congress that study conducted under subsection (a). tegrity.’’ lusts for power but evades responsibility for its actions. f In your new position of leadership, you now face a clear choice. You can make good [From the National Press Club, Apr. 27, 1989] on your words and lead the effort to clean up CAMPAIGN FINANCE REFORM And in 1974, in the middle of Watergate, I Congress. Or you can ignore your words and ran for office for the first time. I announced become the chief protector of the corrupt in- for Congress in Georgia, against a 20-year HON. TIM JOHNSON fluence money system in Washington. veteran who had never been successfully OF SOUTH DAKOTA Common Cause strongly urges you to make challenged. * * * I said, in my kickoff IN THE HOUSE OF REPRESENTATIVES good on your words by supporting and sched- speech, ‘‘The American people are angry, an uling early action on effective and com- Monday, January 9, 1995 anger built up due to continuing frustration prehensive campaign finance reform legisla- from a government which says one thing and Mr. JOHNSON of South Dakota. Mr. Speak- tion, a strong gift ban and lobby reform leg- does another; and they become increasingly islation. er, Fred Wertheimer, president of Common dissatisfied when the men and they have cho- Sincerely, Cause, recently wrote House Speaker GING- sen are apparently corrupt, condoning cor- FRED WERTHEIMER, RICH a letter in which he urged the Speaker to ruption, or totally indifferent to their feel- President schedule and support early action on com- ings.’’ And I would suggest to you that is a prehensive campaign finance reform legisla- QUOTES FROM HOUSE SPEAKER NEWT GING- long tradition. * * * tion, as well as strong gift ban and lobby re- RICH ON GOVERNMENT INTEGRITY AND POLIT- [From the Christian Science Monitor, June form legislation. ICAL REFORM 6, 1989] Attached to Mr. Wertheimer's letter were [From the Washington Post Op-Ed, Feb. 21, [To produce more competitive congres- several statements that Speaker GINGRICH has 1979] sional races] it’s my very strong view that made in the last several years on this impor- Thomas Jefferson wrote to John Adams we want to shift the balance of resources to- tant subject, and I am submitting the text of sometime after the nation’s founding: ‘‘This ward the challenger. I hope will be the age of experiments in gov- the two documents into the CONGRESSIONAL [From the Congressional Record Feb. 6, 1990] ernment, and that their basis will be founded RECORD today. on principles of honesty, not of mere force. I am very committed to campaign reform. COMMON CAUSE, I am particularly committed to campaign re- Washington, DC, January 4, 1995. We have seen no instance of this since the days of the Roman Republic, nor do we read form which expands the number of people House Speaker NEWT GINGRICH, who are participating in American politics, U.S. Capitol, Washington, DC. of any before that. Either force or corruption has been the principle of every modern gov- and which allows the over and the challenger DEAR SPEAKER GINGRICH: On August 22, a reasonable chances to effect their will. 1990, in a speech to The Heritage Foundation, ernment.’’ you said: ‘‘The first duty of our generation is There’s something wrong if we allow the [From the Speech to the Heritage to reestablish integrity and a bond of hon- experiment Jefferson helped start sink back Foundation, Aug. 22, 1990] esty in the political process. We should pun- to a government based on corruption. And Congress is a broke system. It is increas- ish wrongdoers in politics and government that something is a much greater wrong ingly a system of corruption in which money and pass reform laws to clean up the election than the individual sins of one particular politics is defeating and driving out citizen and lobbying systems. We must insure that congressman. politics. * * * citizen politics defeats money politics. This The American people deserves laws made [H]onesty and integrity are at the heart of is the only way our system can regain its in- by those who respect the law—not those who a free society. Corruption, special favors, dis- tegrity. Every action should be measured steal from them. And not those who tolerate honesty and deception corrode the very proc- against that goal, and every American such stealing. ess of freedom and alienate citizens from should be challenged to register and vote to [From the Congressional Record, Aug. 10, their country. * * * achieve that goal.’’ 1988] We must reestablish as the first principle We agree. [W]e are now moving into a period into of self-government that politics must be an As you become Speaker of the House of which for all practical purposes the House is inherently moral business. The first duty of Representatives today, you have a unique becoming a House of Lords, and aristocracy our generation is to reestablish integrity and moment in history in which to make good on of power. House Members increasingly are a bond of honesty in the political process. We your words. You have a unique opportunity elected for a lifetime, so you either change should punish wrongdoers in politics and to lead an effort to reform the corrupt sys- them the first time out, or at most possibly government and pass reform laws to clean up tem in Congress which you have criticized change them at the end of their freshman the election and lobbying systems. We must throughout your House career. term, but for all practical purposes people insure that citizen politics defeats money As you also stated in your speech before have lost the ability to change who they now politics. This is the only way our system can The Heritage Foundation: ‘‘Congress is a have loaned power to. * * * regain its integrity. Every action should be broken system. It is increasingly a system of Now I would just suggest that from the measured against that goal, and every Amer- corruption in which money politics is defeat- standpoint of the citizen, not the standpoint ican should be challenged to register and ing and driving out citizen politics. * * * of an incumbent politician but from the vote to achieve that goal. January 9, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 69 [From the States News Service, Nov. 1, 1991] [From the Washington Times, Oct. 20, 1993] down, and it softens them, and then one Congress is now in as great a crisis as the [PACs are a] grotesque distortion of the morning they cease to exist. executive branch was in Watergate. popular will. We want to, every way we can, bias the op- The American public has correctly per- [From National Public Radio, Oct. 20, 1993] portunity in favor of the American people ceived a decaying, corrupt system dominated actually getting the changes they are asking What you have today is a system where for, and obviously, every Member is going to by Democrats. * * * We are prepared to draw very powerful chairmen and very powerful the distinction between a Congress you can play a major role, every Member is going to Members basically call PAC lobbyists and participate. be proud of and the decay the Democrats say, ‘‘If you every want to get your boss in have brought to the institution. to see me, you better give five grand to my [Address to the House Republican [From This Week With David Brinkley, Mar. candidate in District X.’’ And you end up Conference, Dec. 5, 1994] 15, 1992] with a spectacle of a grotesque distortion of [People] want us to be a Congress with in- the popular will as the Washington lobbyists [Y]ou’re familiar with a 19th-century tegrity. They want us to be a Congress with take back-home money and use it to buy statement by Lord Acton that power tends courage. They want us to be a Congress with Washington access. to corrupt—absolute power corrupts abso- dignity. And they wan to be able to look at lutely. [Congress] is a 19th-century institu- [Letter to the Wall Street Journal, Oct. 26, this building on the Hill once again as the tion which has been protected and hidden 1993] great, shining symbol of free self-govern- from the public and each successive onion [L]et me simply state my policies: I believe ment by a free people. layer that’s peeled off, the country gets mad- the speaker of the House should be honest. [From the MacNeil/Lehrer NewsHour, Dec. der at the Congress. It sooner or later has to ** * The House should be open and account- 16, 1994] have a reform administration that cleans the able. It is a place of honor for our country Well, I hope the President will join us, for whole place up. and the men and women who serve within it. example, in moving to zero out political ac- [From the Dallas Morning News, Nov. 10. [From the New York Times, Apr. 18, 1992] tion committees. I’ve always favored—in re- 1994] Those of us who are fighting for change cent years, it seems to me, that political ac- I am the most sincerely committed change and fighting for reform are going to survive, tion committees have grown to be instru- agent of the Washington power structure. and we’re going to have to work pretty hard ments that no longer serve the public inter- ** * In a naive way, I actually mean all this at it. * * * est. They serve special interests. I am very stuff. If you are the Washington power struc- prepared to try to work out something which I have a very clear tradition of trying to ture that has to be horrifying. clean up the House. I think the average vot- would zero out political action committees. I er’s more mature after they get through the [From the Republican Transition Press think there are other steps we can take. Con- first wave of anger than to say let’s throw Conference, Nov. 14, 1994] gressman Bob Michel had a tremendous idea everybody out. We wanted to maximize the opportunity of requiring members to raise half their for substantial change. Over half the con- money in the district they represent. That [From States News Service, Oct. 19, 1993] ference is freshmen and sophomores. It’s would dramatically change the balance of [The ability of millionaires to spend large very important to understand this country campaign fund-raising in America. I would amounts of personal funds on their cam- has sent a very powerful signal for change. look forward to working with the President paigns has become] a dagger in the heart of ** * This is a city which is like a sponge. It on those kinds of things. And I think there’s a free society. absorbs waves of change, and it slows them progress that can be made. E 70 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 1995 SENATE COMMITTEE MEETINGS Energy and Natural Resources Rules and Administration Organizational meeting to consider com- Organizational meeting to consider com- Title IV of Senate Resolution 4, mittee business. mittee’s rules of procedure for the agreed to by the Senate on February 4, SD–366 104th Congress and pending business. 1977, calls for establishment of a sys- 10:00 a.m. SR–301 tem for a computerized schedule of all Appropriations 10:00 a.m. meetings and hearings of Senate com- Organizational meeting to consider sub- Agriculture, Nutrition, and Forestry mittees, subcommittees, joint commit- committee membership, committee Organizational meeting to consider com- tees, and committees of conference. rules of procedure, and committee mittee business. This title requires all such committees budget for the 104th Congress. SR–332 10:30 a.m. to notify the Office of the Senate Daily S–128, Capitol Environment and Public Works Foreign Relations Digest—designated by the Rules Com- Organizational meeting to consider com- mittee—of the time, place, and purpose Organizational meeting to consider com- mittee rules of procedure and commit- of the meetings, when scheduled, and mittee business. tee budget for the 104th Congress. any cancellations or changes in the SD–419 SD–406 meetings as they occur. 2:30 p.m. 2:00 p.m. As an additional procedure along Indian Affairs Commerce, Science, and Transportation with the computerization of this infor- Organizational meeting to consider com- To hold oversight hearings to examine mation, the Office of the Senate Daily mittee business. aviation safety issues. SR–485 Digest will prepare this information for SR–253 4:00 p.m. printing in the Extensions of Remarks Small Business section of the CONGRESSIONAL RECORD Organizational meeting to consider com- CANCELLATIONS on Monday and Wednesday of each mittee business. week. SR–428A JANUARY 11 Meetings scheduled for Tuesday, Jan- uary 10, 1995, may be found in the Daily 10:00 a.m. JANUARY 12 Governmental Affairs Digest of today’s RECORD. 9:00 a.m. Business meeting, to mark up the pro- MEETINGS SCHEDULED Labor and Human Resources posed Paperwork Reduction Act. To continue hearings to examine Federal SD–342 job training programs. JANUARY 11 SD–430 9:00 a.m. 9:30 a.m. POSTPONEMENTS Labor and Human Resources Armed Services To continue hearings to examine Federal Closed briefing on the current situation job training programs. JANUARY 19 SD–430 in Bosnia. 9:30 a.m. 9:30 a.m. SR–222 Indian Affairs Banking, Housing, and Urban Affairs Orga- Commerce, Science, and Transportation To hold oversight hearings to review nizational meeting to consider com- Organizational meeting to consider com- structure and funding issues of the Bu- mittee business. mittee business. reau of Indian Affairs. SD–538 SR–253 SR–485 Monday, January 9, 1995 Daily Digest Senate Senate and clarify Senate regulations on the use of Chamber Action frequent flyer miles. Pages S641±42 Routine Proceedings, pages S609–S683 A unanimous-consent agreement was reached pro- Measures Introduced: Twelve bills were intro- viding for a vote on McConnell Amendment No. 8 duced, as follows: S. 174–185. Page S653 to occur at 2:15 p.m., on Tuesday, January 10. Page S642 Measures Reported: Reports were made as follows: Senate will resume consideration of the bill on S. 1, to curb the practice of imposing unfunded Tuesday, January 10. Federal mandates on States and local governments; to strengthen the partnership between the Federal Gov- Appointments: ernment and State, local and tribal governments; to Select Committee on Indian Affairs: The Chair, end the imposition, in the absence of full consider- on behalf of the Vice President, pursuant to S. Res. ation by Congress, of Federal mandates on State, 4, 95th Congress, S. Res. 448, 96th Congress, and local, and tribal governments without adequate fund- S. Res. 127, 98th Congress, as amended by S. Res. ing, in a manner that may displace other essential 100, 101st Congress, appointed the following Sen- governmental priorities; and to ensure that the Fed- ators to the Select Committee on Indian Affairs: Sen- eral Government pays the costs incurred by those ators McCain, Murkowski, Cochran, Gorton, Domen- governments in complying with certain requirements ici, Kassebaum, Nickles, Thomas, Hatch, Inouye, under Federal statutes and regulations, with amend- Conrad, Reid, Simon, Akaka, Wellstone, Dorgan, ments. (Budget) Page S646 and Campbell. Page S683 S. 1, to curb the practice of imposing unfunded Joint Economic Committee: The Chair, on behalf Federal mandates on States and local governments; to of the Vice President, pursuant to section 1024, title strengthen the partnership between the Federal Gov- 15, United States Code, appointed the following ernment and State, local and tribal governments; to Senators to the Joint Economic Committee: Senators end the imposition, in the absence of full consider- Roth, Mack, Craig, Bennett, Santorum, Grams, ation by Congress, of Federal mandates on State, Bingaman, Sarbanes, Kennedy, and Robb. Page S683 local, and tribal governments without adequate fund- Adjournment: Senate convened at 2 p.m., and ad- ing, in a manner that may displace other essential journed at 7:07 p.m., until 9:30 a.m., on Tuesday, governmental priorities; and to ensure that the Fed- January 10, 1995. (For Senate’s program, see the re- eral Government pays the costs incurred by those marks of the Acting Majority Leader in today’s governments in complying with certain requirements RECORD on page S683.) under Federal statutes and regulations, with amend- ments. (Governmental Affairs) Page S646 Congressional Accountability Act: Senate contin- Committee Meetings ued consideration of S. 2, to make certain laws ap- plicable to the legislative branch of the Federal Gov- (Committees not listed did not meet) ernment, taking action on amendments proposed thereto, as follows: Pages S621±42 UNFUNDED FEDERAL MANDATES Pending: Committee on the Budget: Committee ordered favorably (1) Ford/Feingold Amendment No. 4, to prohibit reported, with amendments, S. 1, to curb the prac- the personal use of accrued frequent flyer miles by tice of imposing unfunded Federal mandates on Members and employees of the Congress. Page S621 States and local governments, to strengthen the part- (2) McConnell Amendment No. 8 (to Amendment nership between the Federal Government and State, No. 4), to prohibit the personal use of accrued fre- local and tribal governments, to end the imposition, quent flyer miles by Members and employees of the in the absence of full consideration by Congress, of D 21 D 22 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 1995

Federal mandates on State, local, and tribal govern- UNFUNDED FEDERAL MANDATES ments without adequate funding, in a manner that Committee on Governmental Affairs: Committee ordered may displace other essential governmental priorities, favorably reported, with amendments, S. 1, to curb and to ensure that the Federal Government pays the the practice of imposing unfunded Federal mandates costs incurred by those governments in complying with certain requirements under Federal statutes and on States and local governments, to strengthen the regulations. partnership between the Federal Government and Also, committee adopted its rules of procedure for State, local and tribal governments, to end the impo- the 104th Congress. sition, in the absence of full consideration by Con- gress, of Federal mandates on State, local, and tribal TELECOMMUNICATION REFORM governments without adequate funding, in a manner Committee on Commerce, Science, and Transportation: that may displace other essential governmental prior- Committee held hearings to examine telecommuni- ities, and to ensure that the Federal Government cation reform issues, receiving testimony from Sen- pays the costs incurred by those governments in ator Dole; and Representatives Bliley and Jack complying with certain requirements under Federal Fields. statutes and regulations. Hearings were recessed subject to call. h House of Representatives Chamber Action Committee Meetings Bills Introduced: 327 public bills, H.R. 126–409, 411, 420–461; 9 private bills, H.R. 410, 412–419; BALANCED BUDGET AMENDMENT and 33 resolutions, H.J. Res. 31–49, H. Con. Res. Committee on the Judiciary: Subcommittee on the Con- 9–13, and H. Res. 23–31, were introduced. stitution held a hearing on H.J. Res. 1, proposing Pages H158±79 a balanced budget amendment to the Constitution of Report Filed: The following report was filed subse- the United States. Testimony was heard from Rep- quent to the sine die adjournment of the 103d Con- resentatives Barton of Texas, Franks of New Jersey, gress: Report entitled ‘‘Legislative and Review Ac- Schaefer, and Archer; Alice Rivlin, Director of OMB; tivities of the Committee on Natural Resources dur- and public witnesses. ing the 103d Congress’’ (H. Rept. 103–890, filed on Hearings continue tomorrow. January 2). Page H158 COMMITTEE ORGANIZATION; SENIOR Commission on Security and Cooperation: The CITIZENS’ EQUITY ACT Speaker appointed Representative Smith of New Jer- sey as Chairman of the Commission on Security and Committee on Ways and Means: Subcommittee on So- Cooperation in Europe on the part of the House. cial Security held a hearing on H.R. 8, Senior Citi- Page H149 zen’ Equity Act. Testimony was heard from Rep- resentative Hastert; Shirley Sears Chater, Commis- Committee Election: House agreed to H. Res. 31, sioner, SSA; Priscilla Rogers, Commissioner, Depart- designating minority membership on certain stand- ment for the Blind, State of Kentucky; and public ing committees of the House. Page H149 witnesses. Member Sworn: Representative-elect J.C. Watts, Prior to the hearing, the Committee met for orga- Jr., presented himself in the well of the House and nizational purposes. was administered the oath of office by the Speaker. Pages H150±51 COMMITTEE ORGANIZATION Quorum Calls—Votes: No quorum calls or votes Committee on Ways and Means: Subcommittee on developed during the proceedings of the House Trade met for organizational purposes. today. Adjournment: Met at 2 p.m. and adjourned at 2:56 p.m. January 9, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 23 COMMITTEE MEETINGS FOR House TUESDAY, JANUARY 10, 1995 Committee on Appropriations, to hold an organizational (Committee meetings are open unless otherwise indicated) meeting, 9:30 a.m., 2360 Rayburn. Committee on Commerce, to hold an organizational meet- Senate ing, 2 p.m. 2123 Rayburn. Committee on Government Reform and Oversight to hold an Committee on Armed Services, organizational meeting to organizational meeting; to be followed by markup of consider committee business, 9:30 a.m., SR–222. H.R. 5, Unfunded Mandate Reform Act of 1995, 10 Committee on the Budget, to hold joint hearings with the a.m., 2154 Rayburn. House Committee on the Budget to review congressional Committee on International Relations, to hold an organiza- budget cost estimating, 9 a.m., 345 Cannon Building. tional meeting, 4 p.m., 2172 Rayburn. Committee on Finance, to hold hearings on the nomina- Committee on the Judiciary, Subcommittee on the Con- tion of Robert E. Rubin, of New York, to be Secretary stitution, to continue hearings on H.J. Res. 1, proposing of the Treasury, 9:30 a.m., SD–215. a balanced budget amendment to the Constitution of the Committee on the Judiciary, organizational meeting to United States, 10 a.m., 2237 Rayburn. consider committee business, 10 a.m., SD–226. Committee on National Security, to hold an organizational Committee on Labor and Human Resources, to hold hear- meeting, 1 p.m., 2118 Rayburn. ings to examine Federal job training programs, 9 a.m., Committee on Ways and Means, to continue hearings on SD–430. proposals contained in the contract With America, 9 Select Committee on Intelligence, to hold a closed organiza- a.m., 1100 Longworth. tional meeting to consider committee business, 9 a.m., Permanent Select Committee on Intelligence, to hold an or- SH–219. ganizational meeting, 3:30 p.m., H–405 Capitol. Full Committee, to hold hearings to examine world threat issues, 9:30 a.m., SH–216. Joint Meetings NOTICE Joint Hearing: Senate Committee on the Budget, to hold joint hearings with the House Committee on the For a listing of Senate Committee Meetings sched- Budget to review congressional budget cost estimating, 9 uled ahead, see page E70 in today’s RECORD. a.m., 345 Cannon Building. D 24 CONGRESSIONAL RECORD — DAILY DIGEST January 9, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, January 10 11 a.m., Wednesday, January 11

Senate Chamber House Chamber Program for Tuesday: After the recognition of the two Program for Wednesday: No legislative business is leaders and the transaction of any morning business (not scheduled. to extend beyond 10 a.m.), Senate will resume consider- ation of S. 2, Congressional Accountability Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Condit, Gary A., Calif., E58, E63 Mink, Patsy T., Hawaii, E67 Davis, Thomas M., Va., E59 Moran, James P., Va., E60 Ackerman, Gary L., N.Y., E65 Ewing, Thomas W., Ill., E57 Pombo, Richard W., Calif., E62 Berman, Howard L., Calif., E62 Foglietta, Thomas M., Pa., E58, E64 Stark, Fortney Pete, Calif., E64 Cardin, Benjamin L., Md., E66 Gephardt, Richard A., Mo., E61 Traficant, James A., Jr., Ohio, E57, E62, E67 Clayton, Eva M., N.C., E65 Hamilton, Lee H., Ind., E66 Wolf, Frank R., Va., E59 Coleman, Ronald D., Tex., E61 Johnson, Tim, S. Dak., E68 Woolsey, Lynn C., Calif., E58, E64

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