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

Vol. 141 WASHINGTON, THURSDAY, JUNE 15, 1995 No. 98 House of Representatives

The House met at 10 a.m. and was The SPEAKER pro tempore. The Fowler Kildee Neal Fox Kim Nethercutt called to order by the Speaker pro tem- question is on the Chair’s approval of Frank (MA) King Neumann pore [Mr. TORKILDSEN]. the Journal. Franks (CT) Kingston Ney f The question was taken; and the Franks (NJ) Klink Norwood Speaker pro tempore announced that Frelinghuysen Klug Nussle DESIGNATION OF SPEAKER PRO Frisa Knollenberg Obey the ayes appeared to have it. Frost Kolbe Olver TEMPORE Ms. DELAURO. Mr. Speaker, I object Furse LaHood Ortiz The SPEAKER pro tempore laid be- to the vote on the ground that a Gallegly Lantos Orton fore the House the following commu- quorum is not present and make the Ganske Largent Owens Gejdenson Latham Oxley nication from the Speaker: of order that a quorum is not Gekas LaTourette Packard WASHINGTON, DC, present. Gilchrest Laughlin Pallone June 15, 1995. The SPEAKER pro tempore. Evi- Gilman Lazio Parker I hereby designate the Honorable PETER G. dently a quorum is not present. Gonzalez Lewis (CA) Pastor Goodlatte Lewis (KY) Paxon TORKILDSEN to act as Speaker pro tempore The Sergeant at Arms will notify ab- Goodling Lightfoot Payne (NJ) on this day. sent Members. Gordon Lincoln Payne (VA) NEWT GINGRICH, Goss Linder Pelosi Speaker of the House of Representatives. The vote was taken by electronic de- vice, and there were—yeas 356, nays 49, Graham Lipinski Peterson (FL) f Green Livingston Peterson (MN) answered ‘‘present’’ 2, not voting 27, as Greenwood LoBiondo Petri PRAYER follows: Gunderson Lofgren Porter [Roll No. 380] Hall (OH) Longley Portman The Chaplain, Rev. James David Hall (TX) Lowey Poshard Ford, D.D., offered the following pray- YEAS—356 Hamilton Lucas Pryce er: Ackerman Browder Cunningham Hancock Luther Quillen Help us, O gracious God, to translate Allard Brown (FL) Danner Hansen Manton Quinn Andrews Brown (OH) Davis Hastert Manzullo Radanovich the blessed hopes and dreams that are Archer Brownback de la Garza Hastings (WA) Markey Rahall Your gift to us into our daily lives. Armey Bryant (TN) Deal Hayes Martini Ramstad May we be inspired and encouraged to Bachus Bunn DeLauro Hayworth Mascara Rangel Hefner Matsui Reed live lives that are worthy in Your sight Baesler Bunning DeLay Baker (CA) Burr Dellums Heineman McCarthy Regula and do such good deeds that reflect the Baker (LA) Burton Deutsch Hilleary McCollum Rivers trust we have in Your providence. May Baldacci Buyer Diaz-Balart Hinchey McCrery Roberts the expressions of faith that we profess Ballenger Callahan Dicks Hobson McDade Roemer Barcia Calvert Dingell Hoekstra McDermott Rogers not be limited to the words we say, but Barr Camp Doggett Hoke McHale Rohrabacher may find a living reality in our actions Barrett (NE) Canady Dooley Holden McHugh Ros-Lehtinen and in our deeds, and may the comfort Barrett (WI) Cardin Doolittle Horn McInnis Rose and peace and assurance that Your Bartlett Castle Dornan Hostettler McKeon Roth Barton Chabot Doyle Houghton McNulty Roukema word proclaims be found alive in our Bass Chambliss Dreier Hoyer Meehan Royce hearts and souls. In Your name we Becerra Chenoweth Duncan Hunter Meek Sanders pray. Amen. Beilenson Christensen Dunn Hutchinson Metcalf Sanford Bentsen Chrysler Edwards Hyde Meyers Sawyer f Bereuter Clayton Ehlers Inglis Mica Saxton Berman Clement Ehrlich Istook Miller (FL) Scarborough THE JOURNAL Bevill Clinger Emerson Jackson-Lee Mineta Schaefer Bilbray Coble English Jefferson Minge Schiff The SPEAKER pro tempore. The Bilirakis Coburn Ensign Johnson (CT) Mink Schumer Chair has examined the Journal of the Bishop Collins (GA) Eshoo Johnson (SD) Moakley Scott last day’s proceedings and announces Bliley Collins (IL) Evans Johnson, E. B. Molinari Seastrand to the House his approval thereof. Blute Combest Everett Johnston Mollohan Sensenbrenner Boehlert Condit Ewing Jones Montgomery Serrano Pursuant to clause 1 of rule I, the Boehner Conyers Fawell Kanjorski Moorhead Shadegg Journal stands approved. Bonilla Cooley Fields (LA) Kaptur Moran Shaw Ms. DELAURO. Mr. Speaker, pursu- Bonior Cox Flake Kasich Morella Shays ant to clause 1, rule I, I demand a vote Bono Coyne Flanagan Kelly Murtha Shuster Borski Cramer Foley Kennedy (MA) Myers Sisisky on agreeing to the Chair’s approval of Boucher Crapo Forbes Kennedy (RI) Myrick Skeen the Journal. Brewster Cremeans Ford Kennelly Nadler Skelton

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 5985 H 5986 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Smith (MI) Taylor (NC) Wamp just like our country has shown. THE PRESIDENT’S BUDGET- Smith (NJ) Tejeda Ward , the most valuable BALANCING PROPOSAL Smith (TX) Thomas Watt (NC) Solomon Thornberry Watts (OK) player in the finals for 2 consecutive (Mr. MINGE asked and was given per- Souder Thurman Weldon (FL) years, was a teammate of Clyde mission to address the House for 1 Spence Tiahrt Weldon (PA) Drexler, and they both played at the Spratt Torkildsen minute and to revise and extend his re- Weller University of Houston during the Stark Torres White marks.) Stearns Torricelli Whitfield 1980’s. They can now share the world Stenholm Towns Mr. MINGE. Mr. Speaker, when I Wicker championship. Stokes Traficant first ran for office in 1992, I did so in Williams The are coached by Studds Upton large part because I was concerned Wilson Rudy Tomjanovich. Their outstanding Stump Velazquez about our growing budget deficit. I am Stupak Visclosky Wolf players include, Robert Horry from Wyden pleased that the debate in the beltway Talent Vucanovich Alabama, Sam Cassell from Baltimore, Tanner Waldholtz Wynn has finally caught up with the demands Kenny Smith, who played college bas- Tate Walker Young (FL) of the people back home. We are now Tauzin Walsh Zeliff ketball at North Carolina, and, again, properly debating how to balance the Clyde Drexler, a Houstonian and grad- NAYS—49 budget, not whether we should balance uate of Sterling High School in Hous- Abercrombie Gutknecht Rush the budget. ton, and Hakeem Olajwon, who was Brown (CA) Hastings (FL) Sabo I applaud the President for joining Clay Hefley Schroeder born in Nigeria, joined by our team this historic effort. His proposal this Coleman Hilliard Skaggs owner, Les Alexander, who is actually Costello Jacobs week greatly improves the chances for Slaughter from . DeFazio LaFalce Stockman us to find consensus on a plan to bal- Durbin Levin They have shown each of us what Taylor (MS) ance the budget. Farr Lewis (GA) Thompson hard work and teamwork and pride can Fazio Maloney Vento The Democratic Party cannot expect Filner Martinez do. They also demonstrated that espe- Volkmer to regain the majority if its Members Foglietta McKinney cially immigrants have a great deal to Waters are content to sit on the sidelines and Funderburk Menendez offer to our society. Because, my fellow Waxman Gephardt Miller (CA) Members, as Americans we all come snipe while the Republicans pass a plan Geren Oberstar Wise to put our fiscal house in order. Repub- Woolsey from somewhere but we also are all in Gibbons Pickett licans and Democrats ought to support Gillmor Pomeroy Zimmer this together. the President’s decision. Gutierrez Reynolds Our congratulations to the 1995 Hous- The American people want us to put ANSWERED ‘‘PRESENT’’—2 ton Rockets, again, back-to-back champions. pretty partisan politics aside and ad- Harman Salmon dress the critical issues that confront NOT VOTING—27 f this country. Bateman Engel Pombo WHERE IS THE PRESIDENT’S NEW Nothing is more of a concern than Bryant (TX) Fattah Richardson our budget deficit. Chapman Fields (TX) Riggs BUDGET? The American people are willing to Clyburn Herger Roybal-Allard (Mr. SCHIFF asked and was given Collins (MI) Johnson, Sam Smith (WA) accept cuts in programs that are im- permission to address the House for 1 Crane Kleczka Thornton portant to them if they are convinced Cubin Leach Tucker minute and to revise and extend his re- that everyone is being asked to sac- Dickey McIntosh Yates marks.) Dixon Mfume Young (AK) rifice for the good of the country. Mr. SCHIFF. Mr. Speaker, I certainly The President put politics aside and b 1023 welcome the fact that the President of did the right and responsible thing. we the United States has joined the Con- So the Journal was approved. need to balance the budget. We need gress in calling for a balanced budget. The result of the vote was announced the President’s leadership. We should I have noticed that the media has al- as above recorded. welcome his participation and work to- ready begun a comparison of the Presi- f gether. dent’s new budget with the House and PLEDGE OF ALLEGIANCE Senate budget resolutions. But there is f a problem. The problem is there is no The SPEAKER pro tempore (Mr. CLINTON BUDGET NO. 2 TORKILDSEN). Today the Pledge of Alle- new Presidential budget, at least not giance will be led by the gentleman yet. (Mr. JONES asked and was given per- mission to address the House for 1 from Washington [Mr. WHITE]. Now, this is a budget, in fact, this is Mr. WHITE led the Pledge of Alle- the President’s budget that the Presi- minute and to revise and extend his re- giance as follows: dent submitted to the Congress in Feb- marks.) Mr. JONES. Mr. Speaker, I am glad I pledge allegiance to the Flag of the ruary of this year. By its size, you can United States of America, and to the Repub- see it is a point-by-point spending plan that the President has submitted Clin- lic for which it stands, one nation under God, for every Government agency and ton budget No. 2. I am glad that he has indivisible, with liberty and justice for all. every Government program, just as the finally realized that the American peo- f House and Senate budget resolutions ple really do want a balanced budget, provide for. and while we are still waiting on the THE HOUSTON ROCKETS: BACK-TO- But we have seen no similar set of details, I did find something very inter- BACK CHAMPIONS documents since the President’s speech esting in the 15-page summary the (Mr. GENE GREEN of Texas asked to the Nation the other night referring President submitted. and was given permission to address to a new budget. So, when the Presi- Clinton budget 2 does not propose to the House for 1 minute and to revise dent says that he wants to increase eliminate any Cabinet-level depart- and extend his remarks.) spending for education, we have no idea ments of the Federal Government. Mr. Mr. GENE GREEN of Texas. Mr. how he intends to pay for it, and when Speaker, this is amazing. The Repub- Speaker, today I take the floor to the President says there will be a 20 lican budget cuts the huge Federal bu- honor the 1995 National As- percent cut in discretionary spending reaucracy by eliminating three Cabi- sociation back-to-back champions, the except for education and defense, we net-level departments. The Federal Houston Rockets. have no idea whether that means 20 Government is too big and spends too Let me take a minute out of our day percent across the board or whether it much. because we are going to talk about the means an average of a 20-percent cut. Republicans want to streamline the defense budget, to say that the Hous- Mr. Speaker, to conclude, a famous Federal Government by cutting waste ton Rockets have definitively proven commercial once said, ‘‘Where’s the and eliminating unnecessary positions. hard work, great coaching, great team- beef?’’ I would like to paraphrase that The Republican majority understands work, and uncompromising drive are to say, ‘‘Where is the President’s new the American people want a smaller the best ingredients for champions, budget?’’ government. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5987 A FLAWED PICTURE minute and to revise and extend her re- 1930’s, the American public has eaten (Mr. FARR asked and was given per- marks.) better for less than anyplace else in the mission to address the House for 1 Ms. DELAURO. Mr. Speaker, let us world. Less than 14 percent of dispos- minute and to revise and extend his re- talk about the Republican hoax. This able income goes for the great food, the marks.) week House Republicans promised to quality food that we eat. Mr. FARR. Mr. Speaker, what is close the tax loophole that allows bil- Under the Republican budget, that is wrong with this picture: lionaires to avoid paying taxes by re- not going to be the future of agri- The Republicans want to protect in- nouncing their U.S. citizenship. culture, because the agriculture pro- terest income of the wealthy. The But instead of closing this loophole, grams under the Republican budget Democrats want to protect interest the Republicans left the escape hatch have to be cut drastically, over $9 bil- payments on students loans. wide open. lion in the next 5 years, cut out of a The Republicans want to provide tax According to the Treasury Depart- budget of only about $17 billion. ment, this bill has the same problems cuts for millionaires. The Democrats Under the President’s budget, only as the current law that allows the want to provide tax cuts for middle-in- $4.2 billion has to be cut for our farm- super-rich to dodge paying their fair come families. ers and agriculture, and we can main- The Republicans want to use spend- share. While Republicans find creative ways tain that good food supply, under the ing reductions to pay for tax cuts. The President’s budget. Not under the Re- Democrats want to use spending reduc- of protecting tax benefits for the privi- leged few, their budget hits working publican budget of the House or the tions to pay for deficit reductions. Senate. What is wrong with this picture, Mr. middle-class families on both ends: Speaker, is that under the Republican Cutting student loans and Medicare. The Democratic President’s budget is budget, all the money coming out of Republicans love to talk about the a lot better for agriculture, for our the system is going into the pockets of revolution they are bringing to the farmers, than the Republican budget, the rich and powerful, and all the House. In fact they are up to politics as and I say to you that if you are inter- money coming out of the system is usual: Big breaks for the privileged few ested in continuing to have a whole- coming out of the pockets of the mid- while working middle-class families some food supply in this country, you dle class. get stuck with the bill. would not want to support the Repub- I sincerely hope we in Congress can f lican agriculture budget. find the right glidepath to a balanced f budget but if it means the rich get INTRODUCTION OF LEGISLATION richer while the middle class pays for AMENDING THE FEDERAL ELEC- THE LONG MARCH TOWARD it, count me out. TION CAMPAIGN ACT OF 1971 BALANCING THE BUDGET (Mr. WHITFIELD asked and was f (Mr. WHITE asked and was given per- given permission to address the House mission to address the House for 1 CLARIFYING THE PICTURE for 1 minute and to revise and extend minute and to revise and extend his re- (Mr. HOKE asked and was given per- his remarks.) marks.) mission to address the House for 1 Mr. WHITFIELD. Mr. Speaker, today minute and to revise and extend his re- I am introducing legislation which will Mr. WHITE. Mr. Speaker, President marks.) amend the Federal Election Campaign Clinton submitted his budget this Mr. HOKE. Mr. Speaker, I will tell Act of 1971 to equalize the opportunity week, and I recognize that the budget the previous speaker what is wrong to raise campaign funds to incumbents is too late. He should have done it 2 with that picture. What is wrong with and challengers. years ago. it is it appeals to the worst in the In Federal elections, under current I recognize that this budget is too American people. It appeals to a call to law, political action committees can long. He takes 10 years to balance the class warfare. It appeals to a petty and contribute $5,000 in a primary, $5,000 in budget. He should at least try to meet vituperative kind of conduct, and it ab- a general election, while individuals us and do it in 7 years. I recognize his solutely confuses the American people. can only contribute $1,000 in a primary budget has some of the wrong prior- Because the fact is that it is the mid- and $1,000 in a general election. ities. dle class that has been paying for dec- Last year PAC’s gave $126 million to But, frankly, Mr. Speaker, I think ades. The middle class will continue to incumbents and only $16 million to the President’s budget is basically a pay unless we create genuine tax relief, challengers, and PAC’s historically good thing. I welcome him to this de- which is exactly what we have been have given 90 percent of their money to bate. We need him, and I am happy to working on on this side of the aisle. incumbents and very little amounts of see him taking this step. But that is what is wrong with the pic- money to challengers. But I want to remind the President, My legislation lowers the amount po- ture. and I want to remind each and every litical action committees can contrib- I was surprised to hear a member of one of us, that balancing the budget is ute from $5,000 to $3,000, and raises the the Democratic leadership yesterday not a 1-day process. We are not going amount that individuals can contribute say that he is upset with the Presi- to balance the budget by making a pro- from $1,000 to $3,000. dent’s budget because he does not posal, having a news conference of 1 Earlier this year, term limits failed think that Medicare should be talked day. We are not going to do it by pass- in this body, and I have long said we do about or touched in order to balance ing a resolution, as this House has not need term limits if we have mean- the budget. The reason I was surprised done. is because the fact is that even if we ingful campaign finance reform. I urge run a budget surplus in the year 2002, Members to support this legislation, The only way we balance the budget Medicare is going to be bankrupt. Med- which will level the playing field and is to keep the faith, take the political icare is a separate program. You can- make campaigns more competitive. heat, make the decisions every day, every day for 7 years, until the budget not spend money that is outside the f trust fund. You cannot take money is in balance. This is not a short-term from the general fund. THE FUTURE OF AGRICULTURE process. You have got to put your head in the PROGRAMS Now, Mr. President, I am committed sand if you will not do something (Mr. VOLKMER asked and was given to that process. That is why earlier about Medicare. permission to address the House for 1 this week I voted against funding for f minute and to revise and extend his re- the B–2 bomber, even though a lot of marks.) that funding is in our district. THE ESCAPE HATCH REMAINS Mr. VOLKMER. Mr. Speaker, Mem- Mr. President, are you committed to OPEN FOR TAX DODGERS bers of the House, under the agri- this process? This is a long march, not (Ms. DELAURO asked and was given culture program that this country has a short sprint. We need you with us all permission to address the House for 1 had for a good many years, since the the way. H 5988 CONGRESSIONAL RECORD — HOUSE June 15, 1995 ANNOUNCEMENT BY THE SPEAKER opinion, ‘‘government cannot make us Clinton’s top 10 reasons for proposing a PRO TEMPORE equal; it can only recognize, respect, balanced budget: The SPEAKER pro tempore. The and protect us as equal before the No. 10, Hillary: Out of town. Chair will notify all Members that law.’’ No. 9, I did what? No. 8, time to really tick off GEP- Members should address the Chair dur- But the Court’s decision does not go HARDT. ing 1-minutes. far enough. This Congress should work to end all discrimination, including No. 7, sneaking suspicion that Repub- f preferences and quotas. In the spirit of licans have been right all along. b 1040 equality, I am introducing legislation No. 6, tired of being irrelevant. this week which will promote equality. No. 5, if at first you don’t succeed, HOUSTON ROCKETS WIN CHAM- The American Action Act will ban ra- try, try again. PIONSHIP IN REMARKABLE cial and sexual discrimination against No. 4, only way to get networks to PLAYOFF SWEEP OF ORLANDO any individual in employment, edu- cover him. No. 3, ploy to get DAVID OBEY to join MAGIC cation, and contracting. The concept of (Mr. BENTSEN asked and was given his fan club. this legislation is simple: All discrimi- No. 2, too much McDonald’s coffee. permission to address the House for 1 nation must end. And the No. 1 reason Bill Clinton pro- minute and to revise and extend his re- f posed a balanced budget: Newt envy. marks.) Mr. BENTSEN. Mr. Speaker, as Gene THE HOUSTON ROCKETS AND THE f Petersen, long-time voice of the Hous- AMERICAN DREAM CLINTON BUDGET: TOO LITTLE, ton Rockets is fond of saying, ‘‘How (Ms. JACKSON-LEE asked and was TOO LATE, AND TOO EXPENSIVE Sweet It Is.’’ given permission to address the House Last night the world champion Hous- (Mr. LEWIS of Kentucky asked and for 1 minute and to revise and extend was given permission to address the ton Rockets completed one of the most her remarks.) remarkable playoff runs in NBA his- House for 1 minute.) Ms. JACKSON-LEE. Mr. Speaker, I Mr. LEWIS of Kentucky. Mr. Speak- tory by sweeping the . was almost getting ready to put on this er, I have yet to hear more than a Given little respect by the so-called ex- hat this morning, but I hope my col- handful of Democrats praise the Presi- perts after winning their first world leagues will be able to know where I dent’s budget sequel. championship, the Rockets claimed am and where I stand. I believe 10 years is too long to bal- their second consecutive world cham- Hakeem Olajuwon, Sam Cassell, ance the budget—especially after he pionship by rewriting NBA playoff his- Kenny Smith, Clyde Drexler, Mario promised to do it in 5. tory. Ellie, Rudy T., Les Alexander, and His budget does give future Con- The numerous individual and team many, many others who stood before gresses, like those in the past, more records set by the Rockets during this the American people said, ‘‘We have chances to overspend again. playoff run include: being the first heart, we have soul. We have character, It does give little of the tax relief the team to beat 4 teams with 50 or more and we have perseverance.’’ House budget does. wins on their way to a championship; Mr. Speaker, my hat is off, and some- And it does add several hundred bil- the Rockets are the first team to claim times it is on, to the National Basket- lion dollars to our overwhelming na- their second consecutive championship ball Association champions of 1995, the tional debt. by sweeping their finals opponent; the Houston Rockets. Still, you would think that more of Rockets were the lowest seeded team But let me say something else. I sa- our colleagues on the left would give to ever win a championship. Some of lute the city of Houston, the State of the President credit for moving toward the individual records set include Texas, and, yes, the Houston fans, be- saving our children’s future. Kenny Smith’s seven three pointers in cause it is all about people gathering But come to think of it, the Presi- game one for a single game record, and together, supporting folks who deter- dent did not do other liberals much of Robert Horry setting a single game mine to do the right thing and never a favor. record for steals with seven. say die, never say that we cannot do it. He just undercut all the people we And, what an accomplishment to see That is the American dream. That is have heard cry wolf about Republican the return of the powerful Houston duo what this Congress is all about. That is budgets. Clyde Drexler and Hakeem Olajuwon what the Democratic Party stands for, Mr. Speaker, the Clinton budget se- avenging the 1983 NCAA finals loss. that we believe in people. quel is too little, too late—and too ex- Of course, what the Rockets accom- Let me also salute those in the Hous- pensive. plished during this playoff run isn’t ton Rockets who have given of them- Still, I am surprised his own party about records. As Rudy ‘‘T’’ declared selves to the inner city youngsters in has not given him a little credit for last night, it’s about ‘‘the heart of a my district, for do my colleagues real- showing a little concern about bal- champion.’’ We could learn a lot from ize that the Houston Rockets have pro- ancing the budget. this team, staring elimination in the vided for basketball programs in our f face five separate times, the Rockets city parks and support our city parks consistently rose to the challenge. As a by keeping them open late hours so THE FARM FREEDOM ACT result, they are again in their rightful that youngsters will have something to (Mr. POMEROY asked and was given place atop the basketball world. do? permission to address the House for 1 f I salute the Houston Rockets. What minute.) other team has come from out of the Mr. POMEROY. Mr. Speaker, our col- INTRODUCTION OF THE AMERICAN ashes, stood up, and said to America, leagues, the gentleman from New Jer- ACTION ACT FOLLOWS SUPREME ‘‘Yes, we can’’? sey [Mr. ZIMMER] and the gentleman COURT’S AFFIRMATIVE ACTION Congratulations to the 1995 National from New York [Mr. SCHUMER], are DECISION Basketball Association champions, the sponsoring what they call the Farm (Mr. RADANOVICH asked and was Houston Rockets. Freedom Act. It is, to be kind, a very given permission to address the House f short-sighted proposal that would have for 1 minute.) a devastating impact, not just on rural Mr. RADANOVICH. Mr. Speaker, CLINTON’S TOP 10 REASONS FOR America, but on urban America as today I commend the Supreme Court’s PROPOSING A BALANCED BUDGET well. recent decision regarding racial pref- (Mr. HAYWORTH asked and was All of the Members of this House, erences and quotas. given permission to address the House urban and rural, suburban, have to un- In a country where everyone asks to for 1 minute and to revise and extend derstand that we are all in this to- be treated equally, this decision moves his remarks.) gether. Agriculture is our Nation’s No. us closer toward such a reality. As Jus- Mr. HAYWORTH. Mr. Speaker, from 1 industry. It is larger than Chrysler, tice Clarence Thomas stated in his the home office in Scottsdale, AZ, Bill Ford, and GM combined. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5989 The ag sector provides 16 percent of my colleagues on the conference com- WHY THE REPUBLICANS ARE CUT- our Nation’s gross domestic product, mittee will reconsider these budget TING MEDICARE, MEDICAID, AND and one of every six jobs. cuts which would undermine America’s SOCIAL SECURITY And our ag exports are one of the few commitment to higher education, (Mr. BONIOR asked and was given bright spots in our Nation’s overall America’s ability to compete in a permission to address the House for 1 trade picture. world market, and America’s invest- minute.) Mr. Speaker, adoption of this bill ment in our future. Mr. BONIOR. Mr. Speaker, why are would cause severe economic disloca- f the Republicans cutting Medicare, tion and job losses, not just in agri- Medicaid, and Social Security to pay culture, but throughout our entire TIME TO TARGET THE IRS FOR for tax breaks for the wealthiest people economy. It is a very, very bad pro- POLITICAL REASONS in our society? We should be strength- posal. (Mr. TRAFICANT asked and was ening our Medicare system, not using f given permission to address the House it as a piggy bank or a cash cow to let for 1 minute and to revise and extend the wealthiest individuals in the cor- THE MAGIC WILL BE BACK his remarks.) porations take advantage of middle in- (Mr. MCCOLLUM asked and was Mr. TRAFICANT. Mr. Speaker, the come people in America today. given permission to address the House IRS says our investigation of the Na- If we really want to strengthen Medi- for 1 minute.) tional Rifle Association is not politi- care, we should shut down some of Mr. MCCOLLUM. Mr. Speaker, I rise cally motivated. Right. Who is kidding these corporate tax loopholes and ex- to congratulate the National Basket- whom? How can the IRS make that penditures totaling about $225 billion a ball Association champions, the Hous- statement with a straight face? year and corporate pork and help our ton Rockets. Clearly this year the bet- The truth of the matter is, Mr. senior citizens and their families make ter team won the series that just was Speaker, plain and simple, the Internal ends meet. played between the Rockets and the Revenue Service has targeted the Na- I say to my colleagues, Let’s give our Orlando Magic, but I want my col- tional Rifle Association for political senior citizens help with the cost of leagues to know that I and the people reasons. My colleagues know it, I know prescription drug care, with long-term of Orlando are mighty proud of the Or- it, and the American people know it, care, not cut their deductibles like the lando Magic. They had a terrific sea- and I want to say this: Republicans want to do, or increase son. They gave Orlando a wonderful ex- I think it is time for the Congress of their premiums or raise their perience. I have never seen our commu- the United States to target the Inter- deductibles as the Republicans want to nity more tightly drawn together for nal Revenue Service for political rea- do. Let us do that, and let us make the any one cause than they were during sons, and that political reason is very wealthiest in our society pay their fair these playoffs around the Magic. They simple. Here in America the people share. were the eastern division champions. govern, and it is time that the Internal f Mr. Speaker, I want to specifically Revenue Service get that message. congratulate: Shaquille O’Neil, Think about it. PRESIDENT’S BUDGET DOES Anfernee Hardaway, Horace Grant, f NOTHING TO SAVE MEDICARE Dennis Scott, Nick Anderson, Brian (Mr. SCARBOROUGH asked and was INTRODUCTION OF BILL ENDING Shaw, Anthony Bowie, Jeff Turner, given permission to address the House FEDERAL AFFIRMATIVE ACTION , Anthony Avent, Tree for 1 minute.) Rollins, and Brooks Thompson, the PROGRAMS Mr. SCARBOROUGH. Mr. Speaker, I players, coach and his won- (Mr. FUNDERBURK asked and was would like to welcome the President of derful staff, and the ownership and given permission to address the House the United States into the budget de- management team of Rich DeVos and for 1 minute and to revise and extend bate, and I commend him for at least Bob Van der Weide and their group. his remarks.) putting forward a balanced budget on The Magic will be back. Wait until Mr. FUNDERBURK. Mr. Speaker, the table, even if it does go 10 years, next year. last week I introduced H.R. 1764, legis- even if it does not cure the Medicare f lation to eliminate over 160 Federal af- and Medicaid crises. firmative action programs ranging I heard the last speaker speak for a STANFORD STUDENTS SEND 20,000 from public employment to education. second talking about how the Repub- LETTERS SUPPORTING STUDENT Mr. Speaker, affirmative action is an licans were cutting Medicare. The fact AID affront to the dignity of every Amer- of the matter is the President of the (Ms. ESHOO asked and was given per- ican. It is an assault on the principle United States own commission came mission to address the House for 1 that no American should be handi- back to him and said, ‘‘Mr. President, minute and to revise and extend her re- capped or advanced simply on the basis Medicare and Medicaid are going to be marks.) of his skin color. It has been 40 years bankrupt in the year 2002. You have got Ms. ESHOO. Mr. Speaker, in April I since Little Rock and almost 35 years to do something about it.’’ Unfortu- addressed hundreds of students at since the hoses were shut down in Bir- nately the President’s budget does not Stanford University, which I am privi- mingham. As Bruce Fein points out in do anything about it. It does not take leged to represent, about Republican yesterday’s Washington Times, ‘‘Spe- care of the Medicare and Medicaid cri- proposals to cut Federal aid for higher cial preferences for minorities and sis. It still goes bankrupt. education. At that time I said that if women have dominated civil rights Mr. Speaker, the Republican plan student aid was important to them, laws for the entire adult lives of the 18 does take care of it, and, because of they needed to educate themselves to 40 years old group.’’ that, I think we need to move forward about what was happening in Congress Mr. Speaker, to continue to see with the Republican plan, but at the and become involved. America through the prism of racial same time I welcome the President of And get involved they did. entitlements reenforces the same type the United States and some of his ad- The Associated Students of Stanford of dangerous thinking that led to slav- visers for finally standing up and show- University Senate allocated $1,000 to ery and Jim Crow. No matter what face ing a little courage, and daring to get fight Republican cuts to student aid— the liberals put on it there is nothing into the arena and bloody themselves aid which assists over half of Stan- good about racial discrimination in up instead of just saying, ‘‘No, no, no, ford’s student population. This effort any form. Calling affirmative action that’s not a good deal.’’ culminated in a 48-hour letter-signing ‘‘benign discrimination’’ is obscene. It But we have got to do more. We have drive which generated 20,000 signed let- is about time the liberals recognize got to protect senior citizens. We have ters to budget resolution conferees pro- that we are all one people in this coun- got to protect Medicare. We have got testing these ill-conceived cuts. try. We are all American. Let us do to protect Medicaid. Mr. Speaker, I could not be prouder something right for our children, let us We invite the President of the United of the Stanford student body. I hope end affirmative action as we know it. States and the Democratic Party to H 5990 CONGRESSIONAL RECORD — HOUSE June 15, 1995 come to the Republican side. Help us b 1100 balanced budget, someday the Presi- help senior citizens. dent will change his mind and accept TRANSFERRING WEALTH FROM the need for a smaller Government, a MIDDLE CLASS TO WEALTHY f revitalized Medicare system, and lower (Mr. MILLER of asked and taxes. SKYLAR BYRD, THE PRIDE OF THE was given permission to address the D.C. PUBLIC SCHOOL SYSTEM House for 1 minute and to revise and f extend his remarks.) (Ms. NORTON asked and was given SCARE MAIL ORGANIZATIONS Mr. MILLER of California. Mr. DEFRAUDING SENIOR CITIZENS permission to address the House for 1 Speaker, the concern with the cuts in minute and to revise and extend her re- the Medicare that are promised in the (Mr. EHLERS asked and was given marks.) Republican budget that is now in the permission to address the House for 1 Ms. NORTON. Mr. Speaker, the Dis- conference committee is that the sim- minute and to revise and extend his re- trict rarely gets the opportunity to tell ple fact is they are reaching into the marks.) the countless good stories of its resi- Medicare system to make changes to Mr. EHLERS. Mr. Speaker, I rise to dents and its children. After all, in this slow the growth. They are using those offer a few comments in a different tabloid society, success is boring. Fail- changes and those savings that result vein. It arises because of concern for ure is news. But some successes shine from that to fund the tax cuts, half of many of the senior citizens of this so brightly, they both capture and cap- which will go to the wealthiest people country, a group which I am on the tivate. in this Nation. verge of joining. Because I am on the Skylar Byrd, a District of Columbia Yesterday the Republican conference verge of joining that group, I am begin- public school student, made the news of House Members met and they recon- ning to get the mail which is often ad- recently and made some history as firmed their commitment to that tax dressed to senior citizens, which I cut. All that can tell us is they are well. Her perfect score on her SAT’s would call scare mail, but might more willing to put at risk the health care of when she was 15 got the attention it de- appropriately be called fraud mail. the senior citizens that are on that serves. Skylar is a student at Banneker It is mail that is intended to frighten Medicare system today. For those fam- High School in the District. them about what is happening in Con- ilies who are concerned about their gress and to encourage them to send Skylar’s smart all right. But Skylar own health care and the health care of these organizations money so that they has more than her considerable talent their parents, it simply means that can communicate to use the concern going for her. She has a capacity for that system will not be shored up. But that senior citizens have about losing hard work, and a loving family. She among the wealthiest people in this Medicare, about losing Social Security, also has a public school system that country, the savings from Medicare about losing Federal pensions, or what deserves a lot more credit than it gets. will be taken away from those people have you. Perhaps Skylar’s success can help illu- and transferred to those wealthy, just It is a fraud. What brought this to minate the accomplishments of as they are taking away the earned in- mind is that recently a constituent Banneker and the District of Columbia come tax credit for low-income people sent me the $5 that was intended to go public schools and its students as well. who go to work but cannot get above to the organization that was soliciting the poverty line. They are going to re- f money from him. duce the earned income tax credit and give that to the wealthiest people. I want every senior citizen in this WAITING FOR THE DETAILS This is the largest transfer of income country to know, and every person in this country to know, you do not have (Mr. SMITH of Michigan asked and and wealth from middle class to the wealthy in the history of this country, to send money to any organization in was given permission to address the order to get your message to us. Sim- House for 1 minute and to revise and and it ought to be repudiated on Medi- care and earned income tax credit. ply write us directly. I do not add any extend his remarks.) extra weight to a communication sent f Mr. SMITH of Michigan. Mr. Speak- to me by one of these organizations. er, some of us in the freshman and PRESIDENT CHANGING COURSE, Constituents can write us directly and sophomore classes this morning met SEES NEED FOR BALANCED let us know. They do not have to send with Ross Perot, really, I think, an in- BUDGET money to these fraudulent organiza- spiration for saying that we have got (Mr. FOLEY asked and was given per- tions. to move ahead and do the kind of mission to address the House for 1 f things that we know are right. minute and to revise and extend his re- Mr. Speaker, he mentioned that, if marks.) NATIONAL DEFENSE AUTHORIZA- we took all of the Fortune 500 compa- Mr. FOLEY. Mr. Speaker, I would TION ACT FOR FISCAL YEAR 1996 nies, and we took all of their assets, all like to take this opportunity to sin- The SPEAKER pro tempore (Mr. of their money, and sold all of their in- cerely congratulate the President on TORKILDSEN). Pursuant to House Reso- vestments, it would pay off a deficit accepting the need for a balanced budg- lution 164 and rule XXIII, the chair de- spending for 1 year. I mean we have got et. clares the House in the Committee of a serious problem ahead of us. In fact, I will resolve for this day to the Whole House on the State of the forget any differences I may have had Mr. Speaker, I think it is great that Union for the further consideration of with the President in the past. the President is now saying we should the bill, H.R. 1530. I will not talk about the fact that the have a balanced budget. I am waiting President has constantly fought Re- b 1103 for the details. I think it is important publican proposals to downsize the that he gets the details up here so our IN THE COMMITTEE OF THE WHOLE Federal Government. conferees on the budget can look at I will not focus on how the President Accordingly, the House resolved it- some of his suggestions, some of this has consistently bad-mouthed Repub- self into the Committee of the Whole administration’s suggestions, on where lican plans to save the Medicare sys- House on the State of the Union for the he cuts. He is saying that it is going to tem—which we all agree is going broke. further consideration of the bill (H.R. take reductions in Medicare and in And finally, I will not even think 1530) to authorize appropriations for Medicaid. about how the President has repeatedly fiscal year 1996 for military activities I say to my colleagues, Let’s work bemoaned Republican proposals to cut of the Department of Defense, to pre- together to make sure we preserve taxes for working Americans. scribe military personnel strengths for those programs, that we save them not No, I am going to forget those things fiscal year 1996, and for other purposes, only for this generation, but for future today. Because, I know that just as the with Mr. EMERSON in the chair. generations. President has accepted the need for a The Clerk read the title of the bill. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5991 The CHAIRMAN. When the Commit- active pork which has been built into The difference is, and my colleague tee of the Whole House rose on Wednes- this bill. Not because we do not want has said you should never have ear- day, June 14, 1995, amendment 37 print- or need the tritium, we do. That is marking of technology, the difference ed in part 2 of House Report 104–136 of- agreed upon by Democrat, Republican, is for political reasons in my esti- fered by the gentlewoman from New liberal and conservative. mation, and this comes from conversa- York [Ms. MOLINARI] had been disposed What is not agreed upon, however, is tions with many people in the adminis- of. that the committee should be able to tration, people who are pro-strategic It is now in order to consider amend- select a particular technology and to weapons. The administration has de- ment No. 1 printed in subpart F of part build from $50 million more than the cided already not to build a reactor. 1 of the report. Department of Energy wants, than the Now, there are several ways to make AMENDMENT OFFERED BY MR. MARKEY Department of Defense wants, than the tritium. The way that we have used in Mr. MARKEY. Mr. Chairman, I offer National Taxpayers Union thinks is the past, the reliable, proven method, an amendment. necessary. whereby we have made our tritium in The CHAIRMAN. The Clerk will des- The decision which has been made is the past for our strategic weapons, is a ignate the amendment. one which runs completely contrary to reactor, a nuclear reactor. there have The text of the amendment is as fol- the proposition that there should be no been no invitations from Massachu- lows: specific earmarking of technology or setts. The gentleman has mentioned Amendment offered by Mr. MARKEY: In sec- location, but rather each of these deci- that South Carolina is the place where tion 3133: sions should be open to full competi- they make tritium, have made it, have Page 528, line 17, strike out ‘‘Funds’’ and tion amongst all of those who are in- had reactors, and presumably would in- all that follows through page 529, line 9, and terested in providing the best tech- vite reactors in the future. We have got insert in lieu thereof the following: nology for the defense of this country. so similar invitation from Massachu- (1) Of the amounts authorized to be appro- That is why we bring this amend- priated in section 3101(b), not more than setts to build a nuclear reactor. ment out on the floor. It cuts out $50 $50,000,000 shall be available for a project to But nuclear reactors are the way you million that no one wants and cannot provide a long-term source of tritium, sub- make tritium in a reliable fashion. be justified. It is a specific earmark ject to paragraph (2). There is a chance that you can make which benefits a Swedish company try- (2) The amount made available under para- tritium with an accelerator, but it is graph (1) may not be used until such time as ing to get a specific earmark into this risky, and it is not proven. Let me tell the Secretary of Energy has completed a bill for South Carolina. I will have to you that I personally relied on the record of decision on a tritium production say a word. But that is not good policy. word and the testimony of arguably program and congressional hearings have This company ABB, the Swedish com- been conducted to determine the appropriate the best authority in this country on pany, might as well be called, instead option, in light of the national security the validity or the viability of reactors of ABB, just A Big Boondoggle. That is needs and nonproliferation and environ- versus accelerators, and that is the what ABB stands for. You are voting mental consequences, for establishing a former head of the Los Alamos Lab, for $50 million for a Swedish company long-term source of tritium. who was in charge of Los Alamos dur- Page 530, strike out lines 1 through 9. for a technology that neither the De- ing a large part of the accelerator pro- partment of Energy, the Department of The CHAIRMAN. Pursuant to the gram, who is very, very understanding Defense, nor the National Taxpayers rule, the gentleman from Massachu- of the accelerator program, a person Union can support. setts [Mr. MARKEY] will be recognized who is on the various commissions, So we are going to be out here having for 20 minutes, and a Member opposed who has been asked to evaluate this. this debate. It will be bipartisan. But if will be recognized for 20 minutes. And let me recite to you the words of Mr. HUNTER. Mr. Chairman, I rise in you want to find money that you can Harold Agnew, a former director of the opposition to the amendment. vote for that is not justified in this Los Alamos Laboratory, which would The CHAIRMAN. The gentleman budget, this is it. This cannot be justi- get the accelerator work or a large from California [Mr. Hunter] will be fied on any basis, either defense, en- part of it, and he is writing to the recognized for 20 minutes. ergy, budgetary, or proliferation. It chairman of the Committee on the The Chair recognizes the gentleman violates every one of the principles Budget of the other body, and he says from Massachusetts [Mr. MARKEY]. that we are concerned with. But most this: Mr. MARKEY. Mr. Chairman, I yield of all, it violates the principle against myself such time as I may consume. earmarking specific technologies with DEAR PETE: I have been serving as a mem- Mr. Chairman, the amendment being extra money that cannot be justified ber of the Joint Advisory Committee on Nu- considered right now is a quite tech- technologically until the Departments clear Weapons Surety. Recently we were nical one because once the word ‘‘trit- asked to assess the feasibility of using an ac- of Energy and Defense have gone celerator to produce the tritium required for ium’’ is uttered, I can see minds and through the process of evaluating our future nuclear weapons stockpile. Be- attention spans drifting off onto other them. cause the accelerator would presumably be subjects. But it is a very important Mr. Chairman, I reserve the balance designed at Los Alamos, I particularly want- subject, because tritium is a gas which of my time. ed you to have my thoughts on the issue is used in order to ensure that we can Mr. HUNTER. Mr. Chairman, I yield firsthand. derive the maximum potential from myself such time as I may consume. My concern is that while it is technically our nuclear weapons. Mr. Chairman, my colleagues, I am feasible, it is not economically rational. I It is a critical subject, in fact. It is so glad that the gentleman from Massa- fear that Los Alamos may come to rely on a critical that this amendment has been chusetts has stated that there is no dis- full blown accelerator program to produce pute as to the requirement for tritium. tritium only to be disappointed when the put in order, because it is important economic realities are better understood. In that this Congress and this country se- The ranking member of the full com- these days of severe budgetary constraints, a lect the best way, the most economical mittee has mentioned during our de- program of this magnitude will certainly re- way, the best proliferation resistant bate on the ABM treaty that we still, ceive heavy scrutiny. way, of producing this very important at least with respect to the Soviet Simplified, the reality is that an accelera- gas. Union, rely on our deterrents, on our tor producing tritium would consume about Now, this body and all who listen to strategic arsenal, our nuclear arsenal, $125 million per year in electricity . . . while it should understand some very fun- to deter nuclear conflict. Tritium is an a reactor producing tritium would produce damental facts. No. 1, the National important component of that arsenal, for other purposes about $175 million per Taxpayers Union supports the Markey- and it deteriorates. The half-life of year. . . . Ensign-Vucanovich-Dellums-Skeen- tritium is 51⁄2 years. That means you In other words, a reactor makes elec- Richardson amendment. This is bipar- have to keep making it. So the Clinton tricity, an accelerator uses electricity, tisan, and it is the National Taxpayer administration agrees with the com- and the difference, according to Mr. Union’s blessing having been placed mittee that you have to keep making Agnew, is a difference of $300 million upon it because they have determined tritium, and they themselves put some per year. that this is nothing more than radio- $50 million into this program. He continues: H 5992 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Over a lifetime of 40 years, that’s a $12 bil- My distinguished colleague from on, like Harold Agnew, who was the di- lion consideration. It is simply counter intu- California believes very strongly in the rector of the facility that would benefit itive to believe a difference in energy con- superiority of the reactor approach. from an accelerator, I think to go with sumption of this magnitude will be sustain- able. This is particularly true when the cost But let me read very briefly from the what we see on the merits from a sci- of facilities—accelerator or reactor—are amendment of the gentleman from entific way and not wait for this paper roughly the same. Given a projected capital Massachusetts [Mr. MARKEY] because I decision to come down months from cost of $3.2 billion for the accelerator and a think it addresses the gentleman’s con- now that has already been made. That declining requirement for tritium, the trit- cern by placing the Congress in the is the point I would make to the gen- ium imperative is a thin reed upon which to loop to make a decision in the event tleman from California. lean. that they disagree with the Secretary. Mr. DELLUMS. Mr. Chairman, if the He concludes, and this is one of the I will read very quickly. It says, gentleman will continue to yield, my paragraphs that I think is very critical The amount made available under para- first response is that I think it is hy- for this House to consider. He talks graph 1 may not be used until such time as perbole to refer to the Department of about an accelerator having some the Secretary of Energy has completed a Energy’s judgment as an earmark. All value if you used it for other purposes. record of decision on the tritium production they can do is recommend. We can ear- That is to consume plutonium when it program and congressional hearings have mark in legislation. We write the laws. been conducted to determine the appropriate is hooked up with a reactor. So an ac- So it is not earmarking. They may celerator and a reactor hooked to- option in light of the national security needs and nonproliferation and environmental con- come to an option you do not agree gether could do the whole thing. He sequences for establishing a long-term with, but earmarking is hyperbole. says: source of tritium. Mr. HUNTER. Mr. Chairman, I think The accelerator is unique and can totally So it provides the opportunity for my there is an important political prin- destroy virtually all weapons plutonium. It distinguished colleague, this gen- ciple here. When you know that an can do so extremely economically when com- agency of the Government, of the exec- bined in tandem with a deep burn reactor. tleman, and others, to weigh in after The deep burn reactor using a surplus weap- the findings have been given by the utive branch, is going to come out with ons plutonium as fuel could consume 90 per- Secretary. what is on the face of it a decision cent of the plutonium 239 in a once through Unless the gentleman feels that we made on the merits, but you know and cycle. The depleted fuel element with the re- are in some way impotent or incom- you have been told has already been maining plutonium would then be trans- petent to carry out our responsibil- made and is a political decision, I ferred to a subcritical assembly irradiated ities, this is the way that we can ad- think it is wrong to wait and have with an accelerator. The accelerator would them utilize this decision that they destroy the remaining plutonium. Because dress the gentleman’s concern. there are large amounts of electricity pro- Mr. HUNTER. Mr. Chairman, I thank have already basically broadcast to us, duced when the plutonium is destroyed, the gentleman for his contribution. they telegraphed to us, it is going to be there is no cost for the plutonium destruc- Let me just respond in this way be- an accelerator, not for science reasons tion. In fact, it makes money. The same as- fore I yield to other Members. The ad- but for political reasons, to wait for sembly would also be able to produce tritium ministration, in my estimation, has al- that to come out months from now at the same time and at no additional cost if ready done the earmarking. Members where that will then be used as an ar- tritium is needed. of the administration, folks who are in- gument to try to weight this very im- b 1115 side the administration, I think have portant decision, where I think the sci- The gentleman who cited the tax- made it fairly clear that they have al- entists like Harold Agnew have already payer groups, I wish they had had a ready decided, this record of decision is made a very clear and convincing case. chance to sit down with one of the down the road. That is my point. leaders of the Manhattan Project, Har- They have made the decision at this Mr. DELLUMS. Mr. Chairman, I old Agnew, the director of the Los Ala- point to go with the accelerator. Let thank the gentleman for yielding to mos Nuclear Laboratory and a gen- me cite to my friend the letter from me. He has been very generous. tleman whose colleagues would benefit the Assistant Secretary of Defense, Mr. HUNTER. Mr. Chairman, I re- and profit from an accelerator, has Harold P. Smith, who basically sent us serve the balance of my time. looked at this thing and has said, lis- a letter that gave, in my estimation, The CHAIRMAN. The gentleman ten, if you can build a triple play reac- the smoking gun. from California [Mr. HUNTER] has 8 tor, that is, you can build a system He says, ‘‘The funding request made minutes remaining. that not only makes tritium but con- by the Department of Energy was for- Mr. MARKEY. Mr. Chairman, I yield sumes plutonium and makes elec- mulated in support of their production 3 minutes and 30 seconds to the gen- tricity at the same time that you can strategy,’’ that is, an existing produc- tleman from Nevada [Mr. ENSIGN]. sell, thereby mitigating your costs, tion strategy, ‘‘of primary and Mr. ENSIGN. Mr. Chairman, I rise why not do it? backup—light water reactor.’’ today in support of the Markey-Vucan- He concludes: ‘‘I could and would get Well, if the backup is a light water ovich-Ensign amendment. Let me also firmly behind a reactor program with reactor, what is the existing primary agree on the importance of maintain- this objective in mind.’’ That is, this production strategy? It is an accelera- ing tritium production in this country combination with the reactor and an tor. and how critical that is to our national accelerator. ‘‘I cannot support the ac- I would say to my friend, I have security. celerator for the sole purpose of pro- spent some time on this. I have had I come from a State that in the inter- ducing tritium because it is too expen- discussions with folks in the adminis- est of national security was willing to sive, its need too uncertain and there is tration. The essence of it is, they do allow bombs to be blown up underneath a better way to provide the require- not think it is politically possible in our ground because we care so much ment while satisfying the three needs, this administration to come through about national security. So I do not electricity, plutonium, and tritium with what Harold Agnew thinks is a come at this as somebody who is anti- production for the price of one.’’ scientifically meritorious decision, and nuclear or anything. I am coming here Mr. DELLUMS. Mr. Chairman, will that is a reactor. in support of the amendment because I the gentleman yield? My feeling is, they have already done believe it is the right thing to do. Mr. HUNTER. I yield to the gen- the earmarking. I think this letter First of all, we are cutting out $50 tleman from California. shows that. There has already been an million in earmarked spending that Mr. DELLUMS. Mr. Chairman, I have earmarking by the administration. And will go to a Swedish company. Second listened very carefully to the gentle- because of that, I think we are going to of all, we have enough tritium to last man’s argument and the gentleman waste valuable time, if we wait for approximately the year 2011 with cur- and I have had an ongoing dialog on them to come down with a paper deci- rent supplies, and if we recycle those, this matter. I understand that the gen- sion that merely records a decision we can get it out to about the year tleman believes that the Department of they have already made at this time, 2015, 2017. So we have enough time to Energy at the end of the day will come when the people that I rely on, and I be able to research some of the other out on the side of the accelerator. think the committee justifiably relies options. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5993 I think there are legitimate dif- Vucanovich-Ensign amendment that tion, Energy Secretary Hazel O'Leary notes ferences within the scientific commu- has been offered by our colleagues. As that the Department of Energy is currently nity on whether a reactor or an accel- currently written, H.R. 1530 increases analysing the technical, environmental, politi- erator is the best way to go here. And by 100 percent or by $50 million a pro- cal, and fiscal implications of a range of new what I am saying is that we should gram in the Department of Energy to tritium production technologies. Secretary take that time and research truly what develop a new source of tritium, a ra- O'Leary also notes that the ongoing depart- is in the best interest of national secu- dioactive gas used to enhance the mental analysis, including a programmatic en- rity as well as with environmental con- power of nuclear warheads and by vironmental impact statement, is required cerns. doing so presumptively directs the De- under the National Environmental Policy Act. Everyone agrees an accelerator is the partment of Energy to use the addi- Secretary O'Leary further notes that the analy- best for environmental because it does tional funds to not only pursue a spe- sis in nearing completion and will support the not produce high-level nuclear waste. cific technology but to award the con- selection of a preferred technology and site for It produces low-level nuclear waste. So tract to begin work on the reactor tritium production. we are talking about accelerator tech- which will utilize the ABB combustion H.R. 1530 selects the tritium-producing re- nology, clearly, it is the best from an engineering concept to be built in Sa- actor utilizing the ABB combustion engineering environmental standpoint. vannah River, Georgia to a particular concept and allows the contractor to spend 3 You also mentioned that when taken contractor. This amendment elimi- years to study the feasibility of raising $6 bil- into effect, the reactor could down- nates these provisions and ensures that lion in private financing and concluding mul- grade plutonium and reuse that and the decisionmaking process will re- tiple power purchase agreements for the sale that an accelerator needs a reactor. main open. That is the critical reason of power to be generated. Secretary O'Leary That is discounting that there is other that I have come to the floor to urge indicates that such a contract, with its 3-year technology on the drawing board out that this amendment be adopted. feasibility study and business plan, will delay there that is possibly developable in Secretary O’Leary noted that the De- by 3 years the development of a new tritium the future. That is using the partment of Energy is currently ana- production source. transmutator. And that would no lyzing the technical, environmental, I urge my colleagues to support the Markey- longer produce the high-level nuclear political, fiscal implications of this waste as well. It would actually recycle Vucanovich-Ensign amendment because it production technology and that, fur- provides the funding level requested by the a lot of the nuclear waste that is out ther, the analysis is nearing comple- there. So there are other options out Department of Energy and withholds any fund- tion. As the previous speaker has indi- ing for actual tritium production until the De- there that we can explore. cated, the supply is not the issue. The point is that we do have some partment of Energy has completed its analysis There is at least 15 or perhaps more time to explore this without taking the and reached a decision on a tritium production years of available supply. next few years and using those years program and, most importantly, ensures that Therefore, it seems to me very, very just to raise money to build this reac- the Congress will be able to hold hearings on persuading that we permit the Depart- tor. We can actually take the years and any such Department of Energy decision. ment of Energy to continue with this develop the technology that we will Because the establishment of a long-term analysis and to come up with their rec- need. source of tritium touches upon various national The other problem that I have with ommendations. security, nuclear nonproliferation, and environ- The second aspect of the amendment, this is that we have not built a reactor mental issues, the Congress must play a role which is critical, is that rather than and the reactor that you are talking in the debate on tritium production. The Mar- forestall the opportunity of Congress about is just as theoretical as the ac- key-Vucanovich-Ensign amendment ensures to have a critical role in making this celerator is. We have never built a re- such a role for the Congress. decision, if we do not adopt this actor like this that can produce the Mr. HUNTER. Mr. Chairman, I yield amendment, there will be a preemption tritium in the quantities we need, just 2 minutes to the distinguished gen- of this opportunity by the selection of like we have not built the accelerator tleman from Georgia [Mr. NORWOOD]. a contractor without due consideration to produce the tritium in the quan- (Mr. NORWOOD asked and was given of all of the aspects. tities we need. We know an accelerator permission to revise and extend his re- will produce tritium. There is no ques- Furthermore, we are told that if this amendment is not approved, that the marks.) tion about that. In Los Alamos they Mr. NORWOOD. Mr. Chairman, I sup- have proven that as far as on the bench contractor, by provisions in the bill, will be allowed to spend 3 years to pose quickly we need to correct a cou- there. ple of things. The gentlewoman from The other problem that I have is that study the feasibility of raising the funds for this project. It seems to me, should know that the Savannah we cannot store the nuclear waste that River site is in South Carolina. This is we are producing at this time. Obvi- therefore, that this amendment should be passed to restore the decisionmak- not a discussion about where we will ously the whole issue on Yucca Moun- build tritium but how. I thank the gen- tain on a temporary interim nuclear ing to the Congress. Mr. Chairman, I rise in strong support of the tleman from Massachusetts in rec- storage facility is because the people ognizing that we in fact do need to that are producing the nuclear waste amendment to H.R. 1530 offered by Rep- resentatives ED MARKEY, BARBARA VUCANO- build tritium, and we are going to do all want to ship it to my State because it, need to be doing it by 2001, not 2017. they cannot house it now. The linear VICH, and JOHN ENSIGN. Mr. Chairman, for many years the accelerators are, there is no question, As currently written, H.R. 1530 increases by Department of Energy has commenced they are proven technology. They are 100 percentÐor $50 millionÐthe program in many projects, spent huge amounts of out there and the x-ray machine is ba- the Department of Energy to develop a new money and often has little, if anything, sically a linear accelerator. They use it source of tritium, a radioactive gas used to en- with radiation technicians for cancer, hance the power of nuclear warheads and to show for it in many cases. A per- and Stanford has a very large linear ac- presumptively directs the Department of En- fectly good example of that, a recent celerator. The linear accelerator tech- ergy to use the additional funds to not only example includes the high level waste nology is there. It is just a question of pursue a specific technology to produce trit- repository in Nevada. applying this technology to what we ium, but to award the contract to begin work b 1130 need. And I think it is the right thing on a tritium-producing reactor that will utilize to do, and I think this is the right the ABB combustion engineering concept and Mr. Chairman, as some of my col- amendment. be built in Savannah River, GA to a particular leagues stated in a news conference I urge my colleagues on the Repub- contractor. The Markey-Vucanovich-Ensign last week in regards to a proposal of lican side to support it. amendment eliminates these provisions and, the elimination of DOE, the Depart- Mr. MARKEY. Mr. Chairman, I yield ensures that the decisionmaking process relat- ment suffers from problems of commu- 2 minutes to the gentlewoman from ed to tritium production will remain open. nication and contracting and manage- Hawaii [Mrs. MINK]. WIth respect to H.R. 1530 directing the De- ment and mission. Mrs. MINK of Hawaii. Mr. Chairman, partment of Energy to pursue the ABB com- Their latest effort to determine the I rise in strong support of the Markey- bustion engineering concept for tritium produc- future tritium production technology H 5994 CONGRESSIONAL RECORD — HOUSE June 15, 1995 and siting has many of the same prob- concern is unwarranted. The nuclear non-pro- the option to open up, so that his dis- lems. This is a very complicated tech- liferation treaty contains specific provisions trict could be represented in this mat- nical issue, but let us try to simplify it which allow the use of this material in nuclear ter, and this gentleman, who was rais- just a little bit. reactors for peaceful purposes. Ridding our- ing broader issues that I will discuss a We know how to make a reactor. We selves of excess plutonium is definitely a little later in my presentation, any ef- have been doing that now for 30 years. peaceful purpose. fort that we had to try to dialog on The technology is there. If we go with In conclusion, Mr. Chairman, if we allow the this matter was resisted. The Commit- a triple play reactor, we know we can DOE to select an accelerator to produce this tee on Rules did not even allow the privatize the construction of it. In a tritium; a decision I believe they have already gentleman on that side of the aisle to country that has 5 trillion dollars’ made, we run a high degree of risk of not hav- offer an amendment to open up com- worth of cash flow problems, that is ing a nuclear capability in the year 2011. As- petition just on the reactor side. important. suming it did work, and there is no evidence Mr. Chairman, we understand it has We know for a fact that this reactor that an accelerator of the magnitude required been stated that somewhere down the will burn plutonium and help get rid of will work, the lifecycle costs would amount to road, this is supposed to come down the waste. We also know it will produce billions of dollars more than a multipurpose re- pike in November from the Secretary electricity, which will help, indeed, cut actor. I am not prepared, and I am sure many of Energy, someone briefed somebody the cots. of my colleagues are not prepared to take that in the Congress and said ‘‘We do not What we absolutely must consider risk. think it is going to be a reactor, we here is that the cost of using an accel- I strongly urge my colleagues to oppose the think it is going to be the accelerator.’’ erator, technology that we do not know Markey amendment. So suddenly there was a rush to judg- for sure will work, will be considerably Mr. MARKEY. Mr. Chairman, I yield ment before we could hear from in- more expensive, to the tune of about 5 minutes to the gentleman from Cali- formed scientific, knowledgeable $10 billion. We talk about $50 million, fornia [Mr. DELLUMS]. sources what are the options that are and this is a $10 billion project, if we do Mr. DELLUMS. Mr. Chairman, I available which would still allow us to not go with the triple play reactor. thank the gentleman for his generosity exercise our responsibilities to agree or Mr. Chairman, I urge all Members to in yielding time to me. disagree. vote against the Markey amendment. Mr. Chairman, I rise in support of the Apparently someone said ‘‘Wait a Mr. Chairman, for many years the Depart- Markey amendment. Before I go the ar- minute, let us not wait until the Sec- ment of Energy has commenced many guments, let us define the term ‘‘ear- retary gives us this informed judg- projects, spent huge amounts of money and mark’’ so everyone understands, who is ment. Let us jump the gun. We are leg- has little, if anything, to show for it in many in this debate or observing this debate, islators. We are in control of the proc- cases. A recent example of this includes the what that is about. ess.’’ high level waste repository in Nevada. The way the Congress of the United So what happened? Earmark, Mr. As some of my colleagues stated in a news States earmarks is if it authorizes and Chairman, the mother of all earmarks, conference last week regarding the proposed appropriates dollars so it can only go $14 million to a Swedish firm to the elimination of the DOE: The Department suf- to one place. Very simple. You do not tune ultimately of $50 million. Mr. fers from problems of communication, con- have to be a brilliant rocket scientist Chairman, I would suggest that this is tracting, management, and mission. Their lat- to understand that you can write a an obligation of the American taxpayer est effort to determine the future tritium pro- piece of legislation in this legislative to tens of millions of dollars and poten- duction technology and siting has many of the body in such fashion that there is no tially, down the pike, it could even same problems. competition, that it goes specifically achieve billions. I believe the action taken by the House Na- to one place. That is part of this. On that basis it ought to be rejected, tional Security Committee to authorize funding Mr. Chairman, last year, as a matter just on the integrity of the process it- for a privatized multipurpose reactor tech- of high principle, after negotiations self, having nothing to do with the sub- nology is the only logical approach for the suc- with the other body we agreed as a stantive issues like nonproliferation cess of the next tritium production mission. group that we would move beyond the and these kinds of things, just the fact This reactor would consume our excess pluto- practice of earmarking, because we felt that we ought to reject that approach nium, produce tritium and generate electricity. it so thoroughly distorted and per- to how we do our business. The resale of this electricity would generate verted the legislative process that we We talk here about clean hands and revenues that would directly reduce the total need to be beyond that. fair play and openness and above board. cost to the taxpayer. The logical siting of such Mr. Chairman, I want to say very This is inappropriate. With this gen- a reactor is the Savannah River site in South specifically this is the mother of all tleman in the last Congress, when I Carolina. The site has been the leader in trit- earmarks. The gentleman from Califor- stood as chairman of the former Com- ium production and other related missions for nia [Mr. HUNTER], who represents a dis- mittee on Armed Services, we stood up more than 30 years. The taxpayer has payed trict in southern California, has a firm publicly and said ‘‘We will resist ear- billions of dollars over these 30 years building that does reactor business. Whether I marking.’’ We tried to legislate in the the tritium infrastructure I speak of. Mr. Chair- agree or disagree with reactor or accel- authorizing process to end that, be- man, it would not be prudent to rebuild a new erator, put that esoteric discussion for cause all of us in here at one time or tritium infrastructure elsewhere at an even a moment off to the side. We are talk- another have been burned by the proc- higher cost to the taxpayer, just to satisfy the ing earmarking here. ess of earmarking. political motives of DOE. The gentleman from California could Our dignity and our self-respect and The action by the committee represents, Mr. not even get it modified so that there our integrity as legislators dictate that Chairman, it represents sound judgment to re- would be more than one reactor firm in we do not go down this road, Mr. Chair- verse the poor decisions DOE has been mak- the business, Mr. Chairman. this is a man. It may be right at the end of the ing for years and to ensure we continue to $14 million earmark to a Swedish firm day, but let it be right because the maintain our nuclear weapons stockpile. It is in one district, ultimately to the tune process led us there, not because we ex- imperative that we continue to produce tritium of $50 million. ploited or manipulated it. no later than the year 2011. If we do not, our Mr. Chairman, I disagree with this The CHAIRMAN. The time of the nuclear weapons stockpile will not be main- approach on substance, because I have gentleman from California has expired. tained at the level necessary to maintain our learned from some of my regional col- Mr. DELLUMS. Mr. Chairman, I nuclear deterrence. leagues that ‘‘I do not have a dog in move to strike the requisite number of Mr. Chairman, the committee's decision also this fight,’’ so I can stand back objec- words. represents one that will cost the American tax- tively, at arms’ length, and debate this Mr. Chairman, I think it should be payer far less money, and ensure we start matter with clean hands. rejected on that basis alone. producing tritium no later than the year 2011. In working with the gentleman from Mr. NORWOOD. Mr. Chairman, will There is a general concern by many that California, back and forth, trying to the gentleman yield? disposing of excess weapons grade plutonium figure out whether he and I could reach Mr. DELLUMS. I yield to the gen- in this reactor is a proliferation concern. This some accommodation that would allow tleman from Georgia. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5995 Mr. NORWOOD. Mr. Chairman, I ously the lead technology is an accel- use of nuclear power and military use think it is important to say that this erator. of nuclear power for the purposes of de- authorization defense bill does not ear- Of course I want to have my people veloping nuclear weapons. That is the mark where we produce tritium. It participate and have a chance to par- moral high ground upon which we does imply how we should produce trit- ticipate in any work that is done, but stand. That is the moral high ground ium, and that is because the Depart- I think there is an overriding goal here that allows us to challenge North ment of Energy has made up their that in my estimation is very compel- Korea and it allows us to challenge the mind that they want to use a faulty ling. That is to continue to produce Iranians: Do not breach that firewall. process in the accelerator that may not tritium, to do it in a reliable way, and How noble are we, then, if we em- let us have the tritium we need to have I think everyone would agree that the brace this approach in this bill, multi- a nuclear proliferation. only reliable way we have done it in purpose reactor? It speaks to breaking Mr. DELLUMS. Reclaiming my time, large quantities is with a reactor. that firewall. At that point, where is Mr. Chairman, the report language spe- Last, all of these arguments have the high ground that allows us to say cifically refers to location. Everyone in been made about how scientifically we to the North Koreans, or to the Ira- here, and I would say, sir, we may dis- can do this with an accelerator. The di- nians, ‘‘You are doing a bad thing?’’ All agree politically, but I choose not to rector of the laboratory that would they have to do is turn around and say insult the gentleman’s intelligence. I benefit from the accelerator said these ‘‘Do as you say, don’t do as you do,’’ hope he does not choose to insult mine. words: ‘‘I cannot support the accelera- because this is exactly what we are I have been on the Committee on tor for the sole purposes of producing doing. Armed Services for 20-some-years. I tritium because it is too expensive, too This is too precious for our children, think that I have enough experience to uncertain, and there is a better way to too precious for the future, for us to be know an earmark when I see one. This provide for the requirement while sat- violating this incredible approach to is in the report. We all understand it. I isfying 3 needs,’’ and that is elec- nonproliferation. That is our fun- would tell the gentleman to ask the tricity, tritium, plutonium. damental strategy. It is for those and gentleman standing next to him. He Mr. DELLUMS. The gentleman has many other reasons, Mr. Chairman, knows it is an earmark, because his re- made that point, Mr. Chairman. It is a that I argue that my colleagues sup- actor company has been left out of the little redundant. port the Markey amendment. process. Mr. HUNTER. My point is there is Mr. HUNTER. Mr. Chairman, would I am 59 years old and do not have my just as bad earmarking on the part of the Chair tell us how much time we glasses, so it is a little difficult to read the administration, earmarking tech- have remaining? here, but let me just refer the gen- nology that flies in the face of what The CHAIRMAN. The gentleman tleman to page 305 of the report dealing the scientists say is needed. from California [Mr. HUNTER] has 6 with section 3133, tritium production, Mr. DELLUMS. Mr. Chairman, if I minutes remaining, and the gentleman and about a half of the way down the might reclaim my time, the bill reads from Massachusetts [Mr. MARKEY] has page, with the paragraph starting ‘‘On ‘‘$14 billion shall be made available to 41⁄2 minutes remaining. March 1, 1995,’’ there the gentleman private industry to begin implementa- Mr. HUNTER. Mr. Chairman, I yield will see the earmark. tion of the private advertised multi- myself 30 seconds. Mr. HUNTER. Mr. Chairman, will the purpose reactor program plan submit- Mr. Chairman, I would remark, the gentleman yield? ted by the Department of Energy,’’ et gentleman mentioned that a number of Mr. DELLUMS. I yield to the gen- cetera, et cetera, to the Department. authorities in the Clinton administra- tleman from California. Mr. Chairman, with respect to the tion are against this approach. Let me Mr. HUNTER. Mr. Chairman, I thank gentleman’s major assertion, the just say that in my estimation, the guy the ranking member, the distinguished amendment provides the opportunity who was the leading authority on the gentleman from California, for yielding for the Congress of the United States validity of reactors versus accelerators to me. to weigh in. This is a triumvirate form endorses this approach, and the last of Mr. Chairman, let me mention what of government. The executive branch his letter says ‘‘With respect to an ac- the gentleman mentioned first, the will make an option. The gentleman celerator, it is too uncertain, and there gentleman from Massachusetts [Mr. may disagree with it, but the gen- is a better way for the requirement, MARKEY] mentioned. That was techno- tleman and I together can hold hear- while satisfying three needs for the logical earmarking. ings, we can make judgments, we can price of one.’’ That is, the leading au- There is probably no bill that is a make determinations, we can legislate thority, in my estimation, on this perfect bill, but my objection to the in this area. I am simply saying when technology endorses the idea of a triple idea of having this record of decision we read that and we read the report play. come down on the technology is, to my language, it is an earmark. Mr. Chairman, I yield 2 minutes and colleague, and he is a realist and I am Mr. Chairman, let me finally con- 30 seconds to the gentleman from a realist, is it is politically impossible, clude by saying, A, the Department of South Carolina [Mr. GRAHAM]. in my estimation, for the Clinton ad- Defense opposes this provision in the Mr. GRAHAM. Mr. Chairman, I thank ministration to come down on behalf of bill. The Department of Energy opposes the gentleman for yielding time to me. anything except an accelerator. I think this provision in the bill. The Arms Mr. Chairman, this is probably one of that is what they feel is politically do- Control Agency opposes this provision the most important debates that I have able, and even though everybody agrees in the bill. Why does it? It opposes it followed in Congress, because I am we have to build tritium, they are non- because part of our nonproliferation from South Carolina, and the men and nuclear enough to say that we do not strategy has been that we would not women of the Savannah River site have want to be building it with a reactor. breach the firewall between civilian for the last 40 to 50 years produced trit- I think the gentleman would be just and commercial use of nuclear power. ium by reactor in my district to help as insulted by a record of decision that The CHAIRMAN. The time of the win the cold war. We want to continue comes down this fall that will sup- gentleman from California [Mr. DEL- to do it for the country, not because I posedly be based on scientific merit, LUMS] has expired. am from South Carolina, but because but in fact it will not be based on sci- Mr. MARKEY. Mr. Chairman, I yield we have the infrastructure, we have entific merit. It will be based on the 1 minute to the gentleman from Cali- the community commitment, we have decision that at least is implied as hav- fornia. the will to do it, and I want to do it in ing already been made by the Assistant Mr. DELLUMS. Mr. Chairman, I the most fiscally sound and conserv- Secretary of Defense, Mr. Smith, in his thank the gentleman for yielding time ative manner. letter, where he says ‘‘Our program is to me. b to go with what is,’’ and I am para- Mr. Chairman, an important part of 1145 phrasing, ‘‘the lead technology,’’ and our nonproliferation strategy is that I will tell you when this administra- then there is a backup technology, we would not breach the firewall that tion and DOE will prefer a reactor to which is the reactor, implying obvi- exists between commercial and civilian do anything. That is when hell freezes H 5996 CONGRESSIONAL RECORD — HOUSE June 15, 1995 over. It will not be 2011. If you want to That is not right. These States, and cost to the American taxpayer and it produce tritium to maintain a national my labs in Los Alamos, are experts. would guarantee that we are going to defense structure, you need to start Why are we making decisions that sci- produce tritium on time. now. Not 2011 when START II is imple- entists should be making? Mr. Chairman, I, along with my other mented. These are thousands of scientists. colleagues on the Committee on Na- What I am asking my colleagues who Ph.D’s at Los Alamos, at DOE, at Sa- tional Security, are concerned—but not are fiscally conservative to do is look vannah River. They should be making surprised—about the lack of progress at the numbers. This is not about mil- these decisions. And I think a Swiss- that the Department of Energy has lions, it is about billions. The Clinton Swedish firm, they may be very com- been making toward this long-term DOE will never prefer a reactor that we petent, I don’t think they should be source of tritium and it is essential if know will work, that will save the con- barred, but what this Markey amend- we are going to maintain our nuclear struction costs. The energy costs alone ment is doing, and I must say it is a bi- weapons for nuclear defense. are $10 billion over the life of the reac- partisan amendment. It is the gen- But we cannot allow our nuclear tor. tleman from Nevada [Mr. ENSIGN] and weapons capability to diminish just to This is about politics and spending the gentlewoman from Nevada [Mrs. satisfy an antinuclear coalition in the billions of dollars on technology that is VUCANOVICH]. My name is on it. We just administration and in the Department pie in the sky and not going to some- want an open process. of Energy. We need to do what is right thing we know that works that can We think that this process by which for the American people and for the na- make plutonium that works and create there was a specific mention, an ear- tional defense. energy and is privately financed. It is mark, is flawed. We are saving the tax- Time is running out. And we cannot about politics. payers money, $50 million. But let me afford to wait on the Department of The men and women of my district be absolutely clear. I represent Los Al- Energy to get its act together. I urge understand tritium. We understand amos. They are in my district. They my colleagues to defeat the Markey politics and I hope my colleagues will are for the Markey-Ensign amendment amendment. call the National Taxpayers Union and because they want science and sci- Mr. MARKEY. Mr. Chairman, I yield talk to Mr. Paul Hewitt. I have. They entists to have a chance. 30 seconds to the gentleman from Ne- have information about millions. That So, my good friend should not men- vada [Mr. ENSIGN]. does not consider the billions. They tion Harold Agnew who is a good public Mr. ENSIGN. Mr. Chairman, just a will consider the billions. servant. But he was 15 years ago. He is couple of points. First of all the multi- This is politics at its worst. Let’s get a contractor now. Of course, he has an purpose reactor, that technology has on with defending America. 2011 is here interest. We respect that. not been developed as well. We have today. How long does it take to get any Mr. HUNTER. Mr. Chairman, will the never produced with the reactor the technology going? Never, with an ac- gentleman yield? amount of tritium that we are talking celerator, because it never produced Mr. RICHARDSON. I yield to the about developing today. tritium. gentleman from California. Also, the tritium, as far as techno- The reactor has produced tritium in Mr. HUNTER. Mr. Chairman, I thank logically, has been produced from an this country. We need to start now be- the gentleman for yielding. accelerator. This is false when my col- cause it takes a long time, because we Would the gentleman tell me what leagues say it has not. Granted, I will want to be safe and we should be safe. contracting firm Mr. Agnew is sup- admit that the accelerator technology But we need to start now to give our posed to be working for now? is not as far along, but we have the children a secure future financially by Mr. RICHARDSON. General Atomics. time to see whether we can develop saving billions of dollars with tech- Mr. HUNTER. General Atomics is ex- this technology with an accelerator. nology that works. cluded from being able to participate No question about it. It is environ- And a secure future with the threat in this amendment. mentally the safest thing to do. of Iran and is not looking at will I would ask how much time we have Mr. HUNTER. Mr. Chairman, I under- they follow our lead, but will we have remaining, Mr. Chairman. stand we have the right to close the de- the resources to implement American The CHAIRMAN. The gentleman bate. policy? And not ask them to follow our from California [Mr. HUNTER] has 3 The CHAIRMAN. The gentleman lead, but we will be the biggest guy minutes remaining. from California [Mr. HUNTER] has the with the biggest stick on the block all Mr. HUNTER. Mr. Chairman, I yield right to close. the time. That is what this debate is 11⁄2 minutes to the distinguished gen- Mr. MARKEY. Mr. Chairman, I yield about. tleman from Kansas [Mr. TIAHRT] to such time as he may consume to the Mr. MARKEY. Mr. Chairman, I yield whom we always give plenty of time. gentleman from California [Mr. 2 minutes to the gentleman from New (Mr. TIAHRT asked and was given BROWN]. Mexico [Mr. RICHARDSON]. permission to revise and extend his re- (Mr. BROWN of California asked and (Mr. RICHARDSON asked and was marks.) was given permission to revise and ex- given permission to revise and extend Mr. TIAHRT. Mr. Chairman, I appre- tend his remarks.) his remarks.) ciate the additional time. With all due Mr. BROWN of California. Mr. Chair- Mr. RICHARDSON. Mr. Chairman, respect, I must rise in opposition to man, I rise in strong support of the let me clear up one thing that my this amendment. amendment offered by the gentleman friend from San Diego mentioned. The Since 1992, the Department of Energy from Massachusetts. Los Alamos Laboratory wants the ac- has been working on this alternate Mr. Chairman, I rise in strong support of the celerator made. The gentleman has source for producing tritium and they Markey-Vucanovich-Ensign amendment. What been referring to Harold Agnew, an of- tell us they are 3 to 4 years away from this bipartisan amendment does is very sim- ficial of the labs. doing that. It is going to cost tax- ple: It allows the existing search for the best Harold Agnew has been out of office payers more money. site and the best technology for the provision for 15 years and he is now a contractor I want to remind the body that the of tritium to go forward. The Department of with one of the companies trying to get Department of Energy is the same Energy has been engaged in an evaluation of the contract. So let me be clear. The agency that the Vice President told us five different technologies and five different Los Alamos Laboratory, which is an in the National Performance Review sites and a decision is expected in late sum- expert in this area, would like to be in- misses 20 percent of its milestones and mer or early autumn. volved in this process, as would the is 40 percent inefficient. That means H.R. 1530 threatens to derail that process. States of Texas, Idaho, Nevada, and that their estimates could be longer It would add $50 million to the administration's Tennessee. And because of this specific than expected and overrun in cost. request for tritium work and would choose a earmark, all of these States are locked But if we use the multipurpose reac- winning siteÐSavannah RiverÐand a winning out and we have a Swiss-Swedish firm tor for the production of tritium, it technologyÐthe so-called triple play reactor getting a benefit over American com- represents a tried and true technology. proposal led by Ansea, Brown & Boveri. In panies. This technology would also be the least choosing a winner, H.R. 1530 short-circuits June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5997 the process of technology and environmental ating linear accelerators as opposed to being considered at the current time. evaluation that was intended to guarantee that this new reactor which has never been The committee bill gives approxi- the taxpayers get a tritium facility that mini- tested with regard to which is the bet- mately the same amount of money to- mizes its nuclear proliferation potential, is en- ter way of going to produce tritium in ward the accelerator as the gentle- vironmentally sound and cost effective. this country. man’s amendment would do, but it I am not saying that I know that the ABB Now, I do not care which technology adds to that. It doubles the amount of proposal is the most expensive or least attrac- they select, but I do know that this bill money because of how important this tive or that Savannah River is an inferior site. should not have $50 million in it for a gas is and it gives us another option to The fact is I don't know that. But that is pre- Swedish firm for a technology that ul- look at. cisely the point: No one in this body knows timately triggers $6 billion worth of ex- We are not bound to any option for- which technology, which consortia and which penditures before we have had a tech- ever, but it does push forward the proc- site offers the best deal for the taxpayer. nical evaluation. That is what this ess on both counts so that we can find There is no record of judgment by impartial whole debate is about. the best, most economical, safest way experts that we can turn to for guidance be- And the $50 million is opposed by the to produce tritium and that can accom- cause the experts are still doing their work. National Taxpayers Union, by the gen- plish our other security goals as well. There are no hefty hearing volumes docu- tleman from Nevada [Mr. ENSIGN], by Mr. SPENCE. Mr. Chairman, I rise in sup- menting the full and exhaustive review of this the gentlewoman from Nevada [Mrs. port of the committee position and in opposi- billion dollar deal to explain why we must in- VUCANOVICH], and a cross-section of tion to the Markey amendment which would tervene to stop that impartial review and pick Democrats and Republicans that want cut funding for a new tritium production source or own winner. a balanced budget, fairly done, with by 50 percent. The Markey amendment would Some of my friends on the other side of the logical assessment done of each and also erect additional barriers not in even the aisle like to say that bureaucrats aren't good every item. This provision violates administration's request to achieving a low- at picking winners and losers among tech- every one of those principles. cost, reliable supply of tritium. nologies; I would suggest that when it comes Mr. HUNTER. Mr. Chairman, I yield Tritium is needed to ensure the safety and to choosing winning technologies, Congress such time as he may consume to the reliability of the U.S. nuclear weapons stock- makes bureaucrats look like geniuses. gentleman from Idaho the gentleman pile. Because tritium decays at a rapid rate, it There is general agreement that we need a from [Mr. CRAPO]. must be regularly replenished. However, the new tritium facility. But let us give our citizens (Mr. CRAPO asked and was given per- United States currently has no capacity to a facility that is the best that their money can mission to revise and extend his re- produce tritium and therefore a new produc- buy. To do that, we need to repudiate a pork- marks.) tion source has been in the works for years. driven decision, we need to let the selection Mr. CRAPO. Mr. Chairman, I rise in H.R. 1530 directs the Department of Energy process go forward to let these technologies strong support of the committee’s to pursue the lowest cost, most mature tech- and sites compete. Support good government product. We in Idaho are doing some nology to accomplish this missionÐand that is and a fair process. Vote for Markey-Vucano- critical research under this proposal a reactor. Reactor technology has produced vich-Ensign. that will help us to develop this pro- all of the tritium currently used in U.S. nuclear Mr. MARKEY. Mr. Chairman, I yield gram. weapons. Mr. HUNTER. Mr. Chairman, I yield myself my remaining time. The committee also endorsed using reactor our remaining time to the gentleman Mr. Chairman, let me conclude by technology to burn plutonium and to generate from Texas [Mr. THORNBERRY]. saying this. Using the words of the gen- electricity. The prospect of private sector fi- The CHAIRMAN. The gentleman tleman from California [Mr. HUNTER], nancing could also dramatically reduce the from Texas [Mr. THORNBERRY] is recog- Massachusetts does not have a dog in cost of the American taxpayer of this critically nized for 11⁄2 minutes. this fight. This is not a battle that I important undertaking. certainly have any interest in. Mr. THORNBERRY. Mr. Chairman, The Markey amendment would cut the My only problem with this whole de- the Texas panhandle is a long way from funds added by the committee for future trit- bate is that after a day of sanctifying either Savannah River or from Nevada ium production, and would give the Depart- the whole concept of procurement re- where the accelerator would be built, ment of Energy the final say over which tritium form just 2 days ago, we now come but I think it is very important to production technology should proceed. We back out here on the floor and we allow make these basic points. fear that the Department is headed in the di- for a single Member to earmark a spe- We have no choice on tritium. Every- rection of actually selecting the less mature, cific technology that does not even one has agreed with that. And we need more costly accelerator option. exist to be the exclusive way that we it quickly. Now, this is a gas that dete- Let us do what's right to most cost-effec- are going to produce one of the most riorates at a rate of approximately 5 tively ensure our ability to maintain our nuclear important defense technologies in our percent a year. We have built none in weapons stockpile. Let's get on with this inno- country. this country since about 1988. And the Now, we keep hearing about a 3-in-1 longer we take, particularly with an vative cost-saving approach to producing trit- technology. It is good for plutonium. It unproven technology, the worse off it ium. The only way to do this is to support the is good for electricity. It is good for is for the security of this country. committee and vote ``no'' on the Markey this. It is good for that. It sounds like I think the key point, however, that amendment. you are listening to an ad for a I want to make is this. The committee The CHAIRMAN. All time has ex- chopomatic at 3 a.m. in the morning on version advances both options. Cur- pired. channel 43. rently, the Department of Energy is The question is on the amendment This technology does not exist. And, only looking at one option and that is offered by the gentleman from Massa- in fact, although we are talking about an accelerator. They are not consider- chusetts [Mr. MARKEY]. $50 million out here, the truth is it ing in any manner the sort of reactor The question was taken; and the triggers $6 billion worth of reactor that that would be considered under this Chairman announced that the ayes ap- has to be built. By the way, a reactor bill. peared to have it. which has never produced tritium be- Now, I will tell my colleagues that in RECORDED VOTE fore. my district we have got a lot of excess Mr. HUNTER. Mr. Chairman, I de- The technology which they are se- plutonium that is building up as we mand a recorded vote. lecting has never, in fact, performed dismantle weapons that we are bring- A recorded vote was ordered. this task before. Now, you hear the ing back from Europe. We have got to The vote was taken by electronic de- word linear accelerator. What does figure out what to do with that pluto- vice, and there were—ayes 214, noes 208, that mean? Well, it is just another nium and the reactor is one option that not voting 12, as follows: fancy word for saying atom smasher. we ought to consider as a way to dis- [Roll No. 381] That is what a linear accelerator is. pose of that excess material. AYES—214 Right now the National Academy of The Department of Energy will not Abercrombie Andrews Barcia Sciences, the Department of Energy, even consider it and there are no other Ackerman Baesler Barrett (WI) the Department of Defense, are evalu- technologies that are even close to Allard Baldacci Becerra H 5998 CONGRESSIONAL RECORD — HOUSE June 15, 1995

Beilenson Gutierrez Pastor Hansen McCollum Shaw Ms. DELAURO. Mr. Chairman, I yield Bentsen Hamilton Payne (NJ) Harman McCrery Sisisky myself 2 minutes. Berman Hefner Payne (VA) Hastert McDade Skelton Bevill Hinchey Pelosi Hastings (WA) McHale Smith (MI) (Ms. DELAURO asked and was given Boehlert Hoekstra Peterson (FL) Hayes McHugh Smith (NJ) permission to revise and extend her re- Bonior Holden Peterson (MN) Hayworth McInnis Smith (TX) marks.) Borski Hoyer Petri Hefley McIntosh Smith (WA) Ms. DELAURO. Mr. Chairman, I offer Boucher Istook Pomeroy Heineman McKeon Solomon Herger Meek Brewster Jackson-Lee Porter Souder this bipartisan amendment on behalf of Hilleary Mica Browder Jacobs Poshard Spence myself, the gentlewoman from Colo- Hilliard Brown (CA) Jefferson Rahall Miller (FL) Hobson Molinari Spratt rado [Mrs. SCHROEDER], the gentle- Brown (FL) Johnson (SD) Ramstad Hoke Mollohan Stearns woman from California [Ms. HARMAN], Brown (OH) Johnson, E. B. Rangel Bryant (TX) Johnston Horn Montgomery Stenholm Reed the gentleman from Massachusetts Bunn Kanjorski Hostettler Moorhead Stockman Regula [Mr. TORKILDSEN], and the gentleman Camp Kaptur Houghton Murtha Stump Reynolds Cardin Kasich Hunter Myrick Talent from Kentucky [Mr. WARD]. Our Chabot Kennedy (MA) Richardson Hutchinson Nethercutt Tate amendment strikes language in this Riggs Christensen Kennedy (RI) Hyde Norwood Tauzin bill that would prohibit privately fund- Clay Kildee Rivers Inglis Nussle Taylor (NC) Clayton Klink Roemer Johnson (CT) Ortiz Tejeda ed abortions from being performed at Coble Klug Rogers Johnson, Sam Packard Thomas overseas military hospitals. Coleman LaFalce Roth Jones Paxon Thompson Mr. Chairman, this amendment pre- Collins (IL) Lantos Roukema Kelly Pickett Thornberry Roybal-Allard serves the right to choose for female Condit LaTourette Kennelly Pombo Tiahrt Royce Conyers Lazio Kim Portman Traficant military personnel and dependents, and Rush Costello Leach King Pryce Upton it insures that these women who serve Sabo Kingston Quillen Coyne Levin Waldholtz our country in uniform are not denied Sanders Knollenberg Quinn Cramer Lewis (GA) Walker Sawyer Kolbe Radanovich safe medical care simply because they Crane Lincoln Walsh Danner Lipinski Schroeder LaHood Roberts are assigned to duty in other countries. Wamp DeFazio LoBiondo Schumer Largent Rohrabacher Watts (OK) I want to emphasize several points Dellums Lofgren Scott Latham Ros-Lehtinen Weldon (FL) Deutsch Lowey Sensenbrenner Laughlin Rose about our amendment: Weldon (PA) Dicks Luther Serrano Lewis (CA) Salmon First, it simply continues current Weller Dingell Maloney Shays Lewis (KY) Sanford policy that allows women to use their Whitfield Dixon Manton Skaggs Lightfoot Saxton own funds. Let me repeat that: Their Doggett Manzullo Skeen Linder Scarborough Wicker Dooley Markey Slaughter Livingston Schaefer Wolf own funds to pay for abortions in over- Doyle Martini Stark Longley Schiff Young (AK) seas military hospitals. These patients Duncan Mascara Stokes Lucas Seastrand Young (FL) are charged the full reimbursement Martinez Shadegg Zeliff Durbin Matsui Studds rate for same-day surgery, more than Edwards McCarthy Stupak NOT VOTING—12 Engel McDermott Tanner the cost for abortion services at pri- Ensign McKinney Taylor (MS) Chapman Flake Oxley vate facilities in this country, in order Collins (MI) Hastings (FL) Shuster Eshoo McNulty Thurman Dickey Kleczka Thornton to insure that no Federal funding is in- Evans Meehan Torkildsen Farr Menendez Fields (TX) Mfume Yates volved. Torres Fattah Metcalf Torricelli Second, no medical providers will be Fawell Meyers b 1220 Towns forced to perform abortions. This Fazio Miller (CA) Tucker Messrs. ROHRABACHER, Fields (LA) Mineta amendment preserves the conscience Velazquez Filner Minge GILCHREST, GONZALEZ, LATHAM, clause that already exists in all Foglietta Mink Vento and WHITFIELD changed their vote Visclosky branches of the military. Forbes Moakley from ‘‘aye’’ to ‘‘no.’’ Ford Moran Volkmer Third, this is not a new policy. Pri- Fox Morella Vucanovich Messrs. DICKS, LAZIO of New York, vately funded abortions were allowed Frank (MA) Myers Ward METCALF, MYERS of Indiana, ROG- at overseas military facilities from 1973 Waters Franks (NJ) Nadler ERS, PARKER, BUNN, JEFFERSON, to 1988, including all but a few months Frelinghuysen Neal Watt (NC) KENNEDY of Rhode Island, and Ms. Frost Neumann Waxman of the Reagan administrations, and Furse Ney White BROWN of Florida changed their vote they have been permitted again since Gallegly Oberstar Williams from ‘‘no’’ to ‘‘aye.’’ President Clinton’s executive order of Wilson Gephardt Obey So the amendment was agreed to. January 1993. The ban that existed Geren Olver Wise The result of the vote was announced Gibbons Orton Woolsey from October 1988 to January 1993 was Gordon Owens Wyden as above recorded. the exception. The CHAIRMAN. It is now in order to Green Pallone Wynn This amendment involves no special Greenwood Parker Zimmer consider amendment No. 1 printed in treatment or taxpayer funding. It sim- subpart G of part 1 of the report. NOES—208 ply assures that women who served in AMENDMENT OFFERED BY MS. DE LAURO Archer Calvert Ehlers the armed services have access to safe Ms. DELAURO. Mr. Chairman, I offer Armey Canady Ehrlich medical care. Bachus Castle Emerson an amendment. I urge the support for this amend- Baker (CA) Chambliss English The Clerk read as follows: Baker (LA) Chenoweth Everett ment. Amendment offered by Ms. DELAURO: Page Ballenger Chrysler Ewing Mr. Chairman, I reserve the balance 311, strike out lines 1 through 13, relating to Barr Clement Flanagan of my time. Barrett (NE) Clinger Foley section 732 (expansion of existing limitations Bartlett Clyburn Fowler on the use of defense funds for the perform- The CHAIRMAN. The Chair recog- Barton Coburn Franks (CT) ance of abortions). nizes the gentleman from California Bass Collins (GA) Frisa The CHAIRMAN. Under the rule, the [Mr. DORNAN] for 20 minutes. Bateman Combest Funderburk Bereuter Cooley Ganske gentlewoman from Connecticut [Ms. Mr. DORNAN. Mr. Chairman, I will Bilbray Cox Gejdenson DELAURO] and a Member opposed each have about 11 speakers, and do I under- Bilirakis Crapo Gekas will be recognized for 20 minutes. stand correctly, sir, that there is 20 Bishop Cremeans Gilchrest minutes on each side? I have come up Bliley Cubin Gillmor Does the gentleman from California Blute Cunningham Gilman [Mr. DORNAN] claim the time in opposi- with a strict time allocation, and I Boehner Davis Gonzalez tion? have several people from leadership. I Bonilla de la Garza Goodlatte Mr. DORNAN. Yes, Mr. Chairman. have a medical doctor who is an Army Bono Deal Goodling Brownback DeLauro Goss The CHAIRMAN. The Chair recog- major that will be my leadoff speaker, Bryant (TN) DeLay Graham nizes the gentlewoman from Connecti- and I will ask the folks speaking to Bunning Diaz-Balart Gunderson cut [Ms. DELAURO] for 20 minutes, and please understand my problem when I Burr Doolittle Gutknecht then the gentleman from California say I cannot yield any additional time Burton Dornan Hall (OH) Buyer Dreier Hall (TX) [Mr. DORNAN] will be recognized for 20 to them. This is not one of the easiest Callahan Dunn Hancock minutes. things. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 5999 The CHAIRMAN. Does the gentleman amongst the people who are out there here. This amendment will correct a from California [Mr. DORNAN] yield doing what we asked them to do, was provision in the defense bill that would time to himself? that we very much appreciated the discriminate against women in the Mr. DORNAN. Yes, Mr. Chairman, I Reagan policy because the feeling military. yield myself 1 minute, possibly 2. amongst most physicians is that pro- Passage of this amendment will only The CHAIRMAN. The gentleman viding abortions is not medical care. allow current policy to continue. If a from California is recognized then for 1 Most physicians go to medical school woman seeks to have an abortion, she minute. because they want to help the sick and can do so, but only if she uses her own Mr. DORNAN. Mr. Chairman, not help the needy, and the idea of using funds. Let us keep that basic right and only will I have an Army doctor, a those skills to snuff out the life of the vote yes for this amendment. major, one of our newest Members, the unborn is directly in contradiction Mr. Chairman, I yield back the bal- gentleman from Florida [Mr. WELDON], with the principles that drew them ance of my time. to speak, and those stalwarts who are into medicine, and to have a military The CHAIRMAN. The gentleman all chairmen now like the gentleman officer, a military medical officer of all yields back 15 seconds. from Illinois [Mr. HYDE] and the gen- people, involved in doing this proce- Mr. DORNAN. Mr. Chairman, I yield tleman from New Jersey [Mr. SMITH]. dure, the use of a military facility runs 11⁄2 minutes to the gentleman from Our whip is going to speak early on directly in contradiction with all of Texas [Mr. DELAY], our leadership on here, the gentleman from Texas [Mr. those principles that drew us, as physi- this side, our whip. DELAY], the secretary of our con- cians, into the Medical Corps, and we Mr. DELAY. Mr. Chairman, I thank ference, the gentlewoman from Nevada were very grateful for that policy, and the gentleman for yielding. [Mrs. VUCANOVICH], some other fresh- I am very much wholeheartedly in sup- Mr. Chairman, I rise in very, very men, people who have been leaders in port of the gentleman from California, strong opposition to the DeLauro pro- this issue, the gentleman from Mis- Mr. DORNAN’s, amendment. I believe abortion amendment. As many of you souri [Mr. VOLKMER], one of the great that it will be upheld. know, the majority of Americans op- pro-lifers in this House on the other I believe the sentiment of this Con- pose Federal funding for abortion. side of the aisle, and we are not going gress has shifted in favor of our posi- However, just 4 days after his inau- to have time even with all those great tion, and I speak as a man of experi- guration, President Clinton issued an speakers to get into a fulsome abortion ence who has been out there taking executive memorandum allowing mili- debate, but I missed the press con- care of military families, and speak tary facilities to perform abortions. ference this morning organized by our with that experience, and I say to my The DeLauro amendment takes the freshmen about, and this is what peo- colleagues that this policy is very, very President’s memorandum even further, ple who are pro-abortion or pro-choice much embraced by the officers in the to codify the use of Federal tax dollars do not want to discuss, called partial Army Medical Corps, in the Air Force for abortions in U.S. overseas military birth abortion, where they start the Medical Corps, who wholeheartedly facilities. birth process, they bring the baby—it support the belief that we should be in Make no mistake about it. When the is not a fetus at this point—down into this business. taxpayers spend their money to open the birth canal, and then they suck its the clinics and open the hospitals, to b brains out. They do not want to talk 1230 build the facilities and pay for the doc- about things like that. I do not want Ms. DELAURO. Mr. Chairman, I yield tors, taxpayers are paying for abor- anything like that going on in military myself 10 seconds just to make a com- tions that may be paid for by the hospitals. ment on what the prior speaker said. woman, but that fee in no way covers The CHAIRMAN. The time of the Mr. Chairman, there is the con- the cost of these facilities. gentleman from California [Mr. DOR- science clause which is preserved, as in The Dornan language now in the bill NAN] has expired. all branches of the military, as it is passed overwhelmingly in committee. Mr. DORNAN. Mr. Chairman, I yield here. So there is no military personnel, The Dornan language simply restores myself 30 seconds. professional personnel, who has to deal the Reagan and Bush policy that pro- Mr. Chairman, I do not want this with performing a procedure. hibited overseas military facilities going on in military hospitals, nor does Mr. Speaker, I yield 11⁄2 minutes to a from performing abortions. a single doctor, male or female, Army, cosponsor of this amendment, the gen- As my friends on the other side of the Navy, Air Force, Marine Corps uses tleman from Massachusetts [Mr. aisle will agree, this is a very emo- Navy doctors, want to do this. Our de- TORKILDSEN]. It is a pleasure to yield in tional issue, so let me be very clear fense dollars are to save lives, not to the bipartisan spirit of this amend- about what is happening here. Presi- flatline brain waves and not to snuff ment. dent Clinton and supporters of the out little beating hearts. Mr. TORKILDSEN. Mr. Chairman, I DeLauro amendment are obligating So, with that I will just say there is rise today in support of this amend- men and women who have taken the going to be a lot of misinformation. ment to protect the basic right of Hippocratic Oath, who may find abor- These are military hospitals paid for women to choose. tion morally and professionally uncon- with tax dollars, and so are the doc- To reiterate, under the law now no scionable, to perform abortions in fed- tors. military personnel can be forced to erally funded facilities. It is not only Mr. Chairman, I yield 2 minutes to participate in an abortion if they do morally offensible, but it is an abuse of the gentleman from Florida [Mr. not choose to. There is a conscience Federal tax dollars. Vote no on the WELDON], an Army major, Army medi- clause which will still remain in effect DeLauro amendment. cal doctor. if this amendment passes, and I hope Ms. DELAURO. Mr. Chairman, I yield Mr. WELDON of Florida. Mr. Chair- this amendment passes. myself 10 seconds. man, I thank the gentleman from Cali- We all understand, whether we agree Mr. Chairman, this amendment in no fornia for yielding this time to me, and or not, that safe and legal access to way adds to current law. It simply I will try to make my comments brief abortion is the law of the land. The strikes the new language in the bill. It so that perhaps some of the other provision in this bill which we are does not go further than what current speakers would have the time that seeking to strike would deny that right law is all about. Women pay for these they need. to service women, to the spouses of costs, and it is a price determined by I would just like to share with my service men, and to their dependents the military hospital, payable to the colleagues on both sides of the aisle who are overseas. U.S. Treasury. that, when the Reagan policy was initi- Current defense policy does not con- Mr. Chairman, I yield such time as he ated, I was in the Army Medical Corps. tribute any funds for abortion services. may consume to the gentleman from and I was practicing medicine. I was As a supporter of the Hyde amendment, Texas [Mr. BENTSEN]. actually in my residency, and I was and I repeat that, I am a supporter of (Mr. BENTSEN asked and was given working with many ob/gyn residents, the Hyde amendment, I agree with that permission to revise and extend his re- and the general consensus, at least policy. Federal funding is not the issue marks.) H 6000 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Mr. BENTSEN. Mr. Chairman, I rise When we station military personnel we do and use facilities that are just as safe in strong support of this amendment. not ask them to give up their rights to free as anywhere in the United States. The Mr. Chairman, I rise in support of the speech, to exercise their religion, to assemble. DeLauro amendment would strike this DeLauro amendment to the Defense author- We don't require them to give up their legal provision in the bill despite the fact ization bill. This amendment simply preserves protections against illegal searches and sei- that military doctors want nothing to the right for our female military personnel and zures, the right to a speedy and public trial, a do with aiding the destruction of un- their dependents stationed abroad to have the right to an attorney. This bill, as reported out born children and that the majority of same constitutional rights guaranteed to of the subcommittee, asks military women and the American people do not want their women here in America. dependents to give up their legally protected tax dollars to subsidize abortion either Current policy allows women stationed over- right to choose. directly or indirectly. I urge my col- seas to use their own personal funds to obtain Currently, active duty women stationed leagues to reject the DeLauro amend- abortion services at military hospitals. This overseas, and dependents of military person- ment and support this Dornan provi- legislation seeks to reverse this policy and ban nel stationed overseas are guaranteed the sion included in H.R. 1530. such privately funded abortions. This is wrong same rights that they would have if they were Ms. DELAURO. Mr. Chairman, I yield and contrary to public law. We should not dis- stationed stateside because they are allowed such time as she may consume to the criminate against female military personnel to pay the costs of an abortion in a military gentlewoman from Texas [Ms. JACK- just because they are stationed overseas. hospital out of their own pocket. Currently, no SON-LEE]. The issue here is not taxpayer funding nor DOD funds can be used to fund abortions un- (Ms. JACKSON-LEE asked and was special treatment for these women. No military less the life of the mother is in danger. Cur- given permission to revise and extend medical providers would be forced to perform rently, no military medical personnel are re- her remarks.) abortions. No Federal funds would be used. quired to perform an abortion if they object to Ms. JACKSON-LEE. Mr. Chairman, This is just an issue of fairness to the women doing so, unless the life of the mother is at let me offer my unanimous consent in who sacrifice every day to serve our Nation. risk. support of the DeLauro-Schroeder They deserve the same quality of care that The ban on privately paid abortions for mili- amendment to keep freedom among women in America have access to each day. tary women overseas strips women of the very our American men and women in the American women here and abroad should rights they were recruited to protect. military and to support the right of life have the right to choose. This right is pro- The ban on abortions at military hospitals is of women. tected by the Roe versus Wade Supreme unfair, dangerous, and discriminatory to mili- Mr. Chairman, President Clinton had made Court decision and ultimately the U.S. Con- tary personnel. Prohibiting women from using a positive move in affirming the importance of stitution. The DeLauro amendment simply re- their own funds to obtain abortion services at women's health when he lifted the Department affirms this right. It is an issue of fairness and overseas military health facilities endangers of Defense ban that prohibited women from equity. I urge my colleagues to support it. obtaining abortion services at military facilities Ms. DELAURO. Mr. Chairman, I yield their health. Women will be forced to seek out 2 minutes to the gentlewoman from illegal, unsafe procedures, or be forced to overseas, even if paid for with their own pri- Colorado [Mrs. SCHROEDER]. delay the procedure for several weeks until vate funds. Today, the Republican majority of Mrs. SCHROEDER. Mr. Chairman, I she can return to the States. The question for the National Security Committee believe the thank the gentlewoman from Connecti- our House colleagues is whether they can jus- ban should be reinstated. This would be a cut for her leadership on this. tify limiting constitutionally protected rights and tragedy. She is absolutely right. If we do not providing a lower standard of health care to I rise in support of the DeLauro amendment pass this amendment, what we are military women and family members simply to H.R. 1530 that would strike this provision going to be doing is making the women because of their geographical location. I can- from the bill. A woman's right to choose is who serve either as dependents, follow- not. constitutionally protected, and such protection ing their spouses around wherever they Mr. DORNAN. Mr. Chairman, I yield is still guaranteed for U.S. citizens who are are ordered to go, or women in the 1 minute to the gentlewoman from Ne- serving their country on foreign soil. The issue military second class citizens. vada [Mrs. VUCANOVICH], part of our at hand is not about who will pay for the abor- We are sending them all over the leadership. tion, or whether or not it is constitutionally world. They do not get to pick where (Mrs. VUCANOVICH asked and was right, but if women who serve overseas will they go, they are ordered where to go, given permission to revise and extend have access to good medical care. all over the world to protect our free- her remarks.) Getting a safe, legal abortion in the United doms, and then denying them the very Mrs. VUCANOVICH. Mr. Chairman, I States is relatively simple. However, living in a same freedoms that they would be al- thank the gentleman for yielding time foreign nation where abortion is illegal or the lowed at home. to me. blood supply may be unsafe creates a consid- Now, I think it is so important to say Mr. Chairman, the men and women erable burden for a woman seeking sensitive that their being able to exercise these who serve as military doctors in our medical attentionÐattention that could be freedoms impinges on no one in the armed services take an oath to save safely administered in a U.S. military facility. It military, because the conscience clause and defend lives. Most do not want to would be of no advantage to our military is there, alive and well, and any mili- participate in the destruction of forces for their female service members to be tary medical personnel can exercise it. human life. Despite the great reluc- exposed to medical conditions that pose a Second, these fees are set the same tance of doctors to perform abortions— substantial risk of infection, illness, or even way they are set in the private sector; the Pentagon, under the direction of death. that is, there is a pro rata share of the the Clinton administration, is insisting As a recent New York Times editorial pro- overhead assessed. So the people are that a way be found to allow abortion claimed, by including this language in the bill, paying the full cost of this. on demand at our military facilities. the National Security Committee is sending a Mr. Chairman, only 10 of these have While women seeking an abortion clear message to America's military women: happened since this was lifted. This is must pay for the procedure—having the ``They can fight for their country. They can die not something someone does lightly. procedure take place at a military hos- for their country. But they cannot get access But it is something when you are far pital raises concerns regarding the use to a full range of medical services when their away from home and something goes of taxpayers money to subsidize abor- country stations them overseas.'' wrong with the pregnancy or some- tion-related expenses. I urge my colleagues to oppose the commit- thing happens that the woman’s life or Opponents of the Dornan provision tee's language by voting in favor of the health is in jeopardy, you would like to may argue that many nations hosting DeLauro amendment. think they have the constitutional U.S. military bases may have limits on Ms. DELAURO. Mr. Chairman, I yield right and the backing of the U.S. Con- abortions—making it difficult to ob- such time as he may consume to the gress, that ordered them into this place tain this procedure safety—however gentleman from California. way far away, to be able to exercise the military is bound to respect the (Mr. FARR asked and was given per- those rights and protect their health. laws of host countries including any re- mission to revise and extend his re- That is what this is about. striction on abortions. Furthermore, marks.) Are we going to treat these people as U.S. women overseas may continue, as Mr. FARR. Mr. Chairman, I rise in full class citizens, or aren’t we? they have for years, to go to Germany support of the amendment. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6001 Ms. DELAURO. Mr. Chairman, I yield once again be institutions exclusively dedi- base of the skull or into the foramen mag- 1 minute to the gentleman from Ari- cated to healing. num. Having safely entered the skull, he zona [Mr. KOLBE]. Unless you construe an unborn child to be spreads the scissors to enlarge the opening. Mr. KOLBE. Mr. Chairman, I rise in The surgeon removes the scissors and in- a tumor or cystÐand pregnancy itself a dis- troduces a suction catheter into this hole support of the DeLauro-Harman- easeÐabortion on demand as authorized by and evacuates the skull contents. Torkildsen amendment, which upholds the DeLauro amendment has no place at current military policy to permit The coverup of the methods of abor- these facilities. tion is over. American troops and dependents sta- With each passing day, Mr. Chair- As included in the bill, Mr. DORNAN’s tioned overseas to obtain privately man, more Americans are peeling away language honors these doctors and funded abortion services in military fa- the myths and euphemisms that cloak their profession and above all, safe- cilities. and sanitize abortion and are instead guards both patients—mother and We should not look at this as a pro- recognizing that abortion is child choice or pro-life issue. It is really a child—from the exploitation of abor- abuse. tion on demand. By reinstating the discrimination issue. Abortion is legal The coverup of abortion methods is Reagan-Bush policy of prohibiting the in the United States, and service- over. use of DOD facilities for abortion on women serving the United States at a Today, hearings began in the Judici- demand, this Congress can save pre- base overseas should not be denied safe ary Committee on outlawing the grue- cious lives—always a laudable goal. reproductive health services. some partial birth abortion. In this The DeLauro amendment guts the Dor- As my colleagues have pointed out, method the abortionist delivers most nan language and will allow Mr. Clin- we are talking about privately funded of the baby’s body, however, the skull ton to force DOD facilities to get in- abortions. Servicewomen and their de- is cut while still inside the woman, and pendents use their own money to ob- volved in the grisly abortion business. the brain sucked out. Reject the DeLauro amendment. tain an abortion. No Federal funds are Here’s how Dr. Martin Haskell, who Ms. DELAURO. Mr. Chairman, I yield involved. Furthermore, and this is just boasts of having performed over 700 11⁄2 minutes to the gentlewoman from to correct something that has been partial birth abortions, described the California [Ms. HARMAN], a cosponsor said a couple of times here, medical procedure at a National Abortion Fed- personnel have the option to opt out of the amendment. eration seminar on second trimester (Ms. HARMAN asked and was given and not participate in an abortion pro- abortion: cedure. permission to revise and extend her re- Servicewomen and their dependents The surgical assistant places an ultrasound marks.) probe on the patient’s abdomen and scans Ms. HARMAN. Mr. Chairman, I thank deserve to know they will have access the fetus, locating the lower extremities. when they are overseas to safe repro- the gentlewoman and salute her. This scan provides the surgeon information Mr. Chairman, denying servicewomen ductive health service. A woman’s about the orientation of the fetus and ap- health should not be jeopardized be- proximate location of the lower extremities. the right to choose has no place in the cause she is serving the U.S. military The tranducer is then held in position over defense authorization bill. During sub- in a country where medical facilities the lower extremities. committee and full committee mark- are inadequate or an abortion is illegal. The surgeon introduces a large grasping ups, I repeatedly urged my colleagues This Congress has made great strides forcep, such as a Bierer or Hern, through the not to include divisive social issues. vaginal and cervical canals into the corpus to get government out of people’s lives. Regrettably, a majority of the commit- of the uterus. Based upon his knowledge of tee voted to repeal current policy and We should not take a step back. I urge fetal orientation, he moves the tip of the in- a ‘‘yes’’ vote on the amendment. strument carefully towards the fetal lower ban all privately funded abortions per- Mr. DORNAN. Mr. Chairman, I yield extremities. When the instrument appears on formed in military hospitals overseas. 21⁄4 minutes to the gentleman from New the sonogram screen, the surgeon is able to So now every woman on the commit- Jersey [Mr. SMITH], one of our great open and close its jaws to firmly and reliably tee, Democrat and Republican, rises pro-life leaders in the House. grasp a lower extremity. The surgeon than today in support of striking this puni- Mr. SMITH of New Jersey. Mr. Chairman, applies firm traction to the instrument caus- tive and unconstitutional provision. the largely untold story concerning Mr. Clin- ing a version of the fetus (if necessary) and This is a matter of fairness. Service- ton's unethical order of January 22, 1993, to pulls the extremity into the vagina. women and military dependents sta- By observing the movement of the lower tioned abroad do not expect special turn DOD health care facilities into abortion extremity and version of the fetus on the mills is that military obstetricians, nurses, and ultrasound screen, the surgeon is assured treatment, only the right to receive anesthesiologists around the world adamantly that his instrument has not inappropriately the same services guaranteed to Amer- refusedÐand continue to refuseÐto comply grasped a maternal structure. ican women by Roe versus Wade, at with the death order. With a lower extremity in the vagina, the their own expense, that are available in In so doing, these men and women in uni- surgeon uses his fingers to deliver the oppo- this country. Under current policy, no form from Europe to the Pacific have dem- site lower extremity, then the torso, the Federal funds are used, and health care onstrated to use all that they are healers first shoulders and the upper extremities. professionals who are opposed to per- The skull lodges at the internal cervical and always, and that they regard it as incon- os. Usually there is not enough dilation for forming abortions as a matter of con- sistent and schizophrenic with the role of heal- it to pass through. The fetus is oriented dor- science or moral principle are not re- ers to be butchers of innocent children. sum or spine up. quired to do so. Because of their deep convictions and rev- At this point, the right-handed surgeon Today’s vote is part of a larger agen- erence for human life, no one will ever say of slides the fingers of the left hand along the da to roll back a woman’s right to them, when the injustice of permissive abor- back of the fetus and ‘‘hooks’’ the shoulders choose. This agenda hurts military tion is finally exposed, that they were just fol- of the fetus with the index and ring fingers women overseas, and I urge my col- lowing orders. (palm down). Next he slides the tip of the leagues to depoliticize this issue and The military doctors' steadfast refusal to in- middle finger along the spine towards the skull while applying traction to the shoul- vote for equitable rights and health ject children with hypodermic needle dripping ders and lower extremities. The middle fin- services for military women and mili- with poisons or to dismember unborn babies ger lifts and pushes the anterior cervical lip tary dependents serving patriotically with razor tipped knives hooked up to suction out of the way. overseas. machines, only underscores how seriously While maintaining this tension, lifting the b these physicians regard the value, dignity, and cervix and applying traction to the shoulders 1245 integrity of each and every human life. with the fingers of the left hand, the surgeon Mr. DORNAN. Mr. Chairman, I yield These medical people are healers. They are takes a pair of blunt curved Metzenbaum 1 minute to the gentleman from Flor- defenders of vulnerable kids who have been scissors in the right hand. He carefully ad- ida, Mr. , another great put at risk by the abortion culture. They recog- vances the tip, curved down, along the spine pro-life leader and an Air Force officer. and under his middle finger until he feels it Mr. STEARNS. Mr. Chairman, I nize that the highest calling of their profession contact the base of the skull under the tip of is to protect, nurture, safeguard all of their pa- his middle finger. thank the gentleman from California tients, including unborn babies. Reassessing proper placement of the closed for yielding time to me. In like manner, under the Dornan language, scissors tip and safe elevation of the cervix, Mr. Chairman, I rise in support of the DOD hospitals and health care facilities, will the surgeon then forces the scissors into the language offered by the gentleman H 6002 CONGRESSIONAL RECORD — HOUSE June 15, 1995 from California [Mr. DORNAN], and (Mr. BARTLETT of Maryland asked in my view promoting elective abortions con- strongly object to the language offered and was given permission to revise and trary to the Hyde amendment policy and Fed- by the gentlewoman from Connecticut extend his remarks.) eral law. [Ms. DELAURO]. Mr. BARTLETT of Maryland. Mr. Under Supreme Court precedent, public I might point out to her and others Chairman, H.R. 1530 contains language hospitals can choose to deny to perform elec- that this identical vote occurred in the that returns us to the policy that stood tive abortions regardless of whether these Committee on National Security on during the Reagan and Bush years that abortions would be paid for with public or pri- May 24, and the existing language was prohibited abortions from being per- vate funds. overwhelmingly accepted. Both Demo- formed on military hospitals. Today’s But the DeLauro amendment would man- crats and Republicans supported it, amendment would codify in law the date that Government-run military hospitals mostly Republicans supported it, ex- radical change to this policy by the have to perform this awful procedure. Period. cept for three. In a showdown on the Clinton administration. They would have no choice in the matter. committee, the Dornan language was Mr. Chairman, it boggles my mind It does not make sense to me to have one overwhelmingly supported. I think it that we are even here today debating set of policies for our civilian hospitals and an- should be supported on the House floor. such an amendment. The purpose of other for the medical installations on our mili- Let me say, Mr. Chairman, abortion our military hospitals is to save lives tary bases. in a tax-supported hospital is the ques- not to take them. Most military doc- Proponents of the DeLauro amendment rely tion, nothing else. Also, when we talk tors believe this so strongly that it is on the argument that under this proposal abor- about the military, there is a propen- next to impossible to find a military tions would not be paid for with public funds. sity for a professional and ethical cli- doctor who will perform an abortion. But I have to disagree with this. mate. We should not allow this amend- But to get around this policy, the pro- These abortions would be performed on tax- ment to win. Only a scant few military abortion forces are attempting to bring payer-supported bases in taxpayer-supported physicians want to perform abortions, civilians onto military facilities, who medical facilities. so we should keep that in mind. Let us they will pay large sums of money, to The DeLauro amendment might claim that vote with the military today, and vote perform abortions. Most members of these abortions would be paid for with private against the amendment of the gentle- the military medical corps are so out- funds. But the inescapable fact is that whether woman from Connecticut. raged by this procedure that they do one talks about the funds that pay the hospital Ms. DELAURO. Mr. Chairman, I not feel comfortable being on the same utility bills or for leased land that the base oc- proudly, in the bipartisan spirit of this base where abortions are being per- cupies, taxpayer dollars do support facilities bill, yield 1 minute to the gentlewoman formed. that would carry out these abortions. from Maryland [Mrs. MORELLA]. Let us save innocent life, not take it. This contradicts the clear, strict language of (Mrs. MORELLA asked and was given Let us abort the DeLauro amendment. the Hyde amendment that says that no Fed- permission to revise and extend her re- eral dollars can be used for abortion. It's that Ms. DELAURO. Mr. Chairman, I yield marks.) 1 minute to the gentleman from Ken- simple. Mrs. MORELLA. Mr. Chairman, I The other side on this issue tries to get tucky [Mr. WARD] who is a cosponsor of thank the gentlewoman for yielding around the Hyde amendment policy with their the legislation. time to me, and for introducing this proposal. But the fact of the matter is that no amendment, which I strongly support. Mr. WARD. Mr. Chairman, I rise to speak in favor of this amendment. matter how hard they try, they cannot. Mr. Chairman, I rise in strong sup- Mr. Chairman, section 732 of the base bill Women who serve our country in the port of the DeLauro amendment, which that the DeLauro amendment purports to military overseas should have the same would maintain the current policy strike is nothing new. It is simply a restoration rights as women who serve in this guaranteeing that women serving in of the pro-life policies that we had under country. To deny abortion services to our Armed Forces can exercise their Presidents Bush and Reagan. full range of constitutionally protected these women which they pay for them- It was wrongly overturned by Executive rights. selves is discrimination. Women would order by President Clinton, and I staunchly be- This amendment is not about using be left with no alternative, and, in a lieve that it is time now for Congress to assert U.S. taxpayer dollars to finance abor- desperate situation, could risk their its prerogative and reinstitute the Reagan- tion. Rather, it is an effort to assure health and maybe their lives by seek- Bush policy. that servicewomen based in Saudi Ara- ing to terminate their pregnancy any I urge my colleagues to vote against the bia or Guatemala, or other countries way they can. DeLauro amendment. We should not have that do not allow abortion, will be able Mr. Chairman, an administrative ban elective abortions in America, and we certainly to access the medical facilities which is all that existed from 1988 to 1993. Be- should not permit them on our overseas we provide for them to attend to their fore 1988, Defense Department policy bases. This is one thing we certainly do not own medical needs as they see fit. Even allowed privately funded abortions, no need to export from America. if women are serving in developing Federal funds used, proffered for them The National Security Committee easily de- countries where abortion is legal, they to be available for women in the mili- feated this amendment, and for 12 of the last are not likely to find the same high tary overseas, in accordance with the 15 years our national policy has argued the standards of cleanliness, safety, and law of the land as set forth in the Roe exact opposite position. Now it is time to de- medical expertise available at a U.S. versus Wade decision of the Supreme feat the DeLauro amendment and eliminate facility. Court. the outrage of elective abortion from our mili- The DeLauro amendment would sim- Mr. Chairman, this is an issue of pro- tary bases. ply allow servicewomen to obtain the viding health care services for women Mr. Chairman, I urge all of my colleagues to same range of health services at those who are doing their duty and serving vote against this disturbing amendment. facilities that they can now obtain at their country. Mr. DORNAN. Mr. Chairman, I hap- home. This is not a complicated issue. Mr. DORNAN. Mr. Chairman, I yield pily yield 2 minutes to the distin- The amendment would assure that such time as he may consume to the guished gentleman from Kentucky, Mr. women of our Armed Forces that they gentleman from Kentucky [Mr. RON LEWIS, a member of my Sub- need not sacrifice their constitutional BUNNING], the father of a full baseball committee on Military Construction. rights in order to serve their country. team who is closing on 30 grand- Mr. LEWIS of Kentucky. Mr. Chair- It would also assure our military men children. man, I rise today in opposition to the that their spouses would retain their (Mr. BUNNING of Kentucky asked DeLauro amendment, which would full rights. and was given permission to revise and keep the military in the business of I urge members to support the extend his remarks.) sanctioning the taking of innocent life. DeLauro amendment. Mr. BUNNING of Kentucky. Mr. Chairman, I Under the Reagan and Bush adminis- Mr. DORNAN. Mr. Chairman, I yield rise in the strongest possible opposition to the trations, the U.S. military’s fine medi- 1 minute to the gentleman from Mary- DeLauro amendment to H.R. 1530, the De- cal personnel stationed overseas did land, Mr. ROSCOE BARTLETT, one of the partment of Defense authorization bill. not double as abortionists. scientists who serves in the House, and By seeking to force U.S. military hospitals to When Bill Clinton became President, another pro-life leader. perform abortions, the Clinton administration is that commonsense and family-friendly June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6003 policy was canceled by Executive The restrictive language in the defense au- a woman has a right to have an abor- order. thorization bill is obvious in its intent to deny tion. The fact is the Supreme Court de- So much for making abortions rare. women the right to choose. I urge my col- clared that it was not unconstitutional Mr. Chairman, I believe with all my leagues to have concern for the needs and to get an abortion, but it did not make heart that abortion is wrong in every safety of American women serving abroad and abortion a right for anyone to have, al- sense—unless the mother’s life is to support the DeLauro amendment striking though we know that everyone ought threatened by her pregnancy. the provision. to have the right to live. A Navy commander who heads a sur- Ms. DELAURO. Mr. Chairman, again Federal funding for abortions and al- gical department said recently that he in the spirit of bipartisanship on this lowing abortions to be performed on could not oversee an operating room amendment, I yield 1 minute and 10 U.S. military bases is just as wrong as that delivered babies in one room and seconds, with pleasure, to the gentle- taking the life of a small child. We de- killed them in the next. woman from New York [Ms. MOLINARI]. pend upon the military might of this Mr. Chairman, we should not put Ms. MOLINARI. Mr. Chairman, I rise country to protect all its citizens, not military doctors, who sacrifice many today in strong support of the DeLauro just those who make it through the productive and lucrative years to serve amendment and the women who serve first 9 months of their life. We use the our country, in this position. this country so diligently in the mili- Armed Forces to protect the innocent, Abortion is one of the issues that di- tary. As James Madison once said, to protect the weak and the defense- vide this Nation the most. People on ‘‘Equal laws protecting equal rights less. Does that describe anyone that I both sides feel passionately about their (are) the best guarantee of loyalty and have been talking about? That means position. love of country.’’ This amendment be- children, Mr. Chairman. The military But I believe it is wrong and destruc- fore us today is about equal protection is there to protect the defenseless and tive to use the military as a wedge to under the law for all American women the young from life to the grave. divide the country further. serving this great country. We are also being asked to condone The fact is, our doctors and staff are When American women volunteered the taking of an unborn child’s life on overworked now, and their facilities to risk their lives in order to protect a U.S. military base, the very bases overcrowded. our country, they did not volunteer to from which we are supposed to defend Military medical personnel are there give up their rights, or their family’s the lives of all Americans. That does to keep soldiers, sailors, airmen, and rights, to access adequate medical not make much sense to me. marines—and their families—alive and services and medical services available Mr. Chairman, as a matter of fact, well. under law in our country. Many coun- the taking of an unborn child’s life is They did not join the military to ad- tries hosting U.S. military personnel totally senseless. When we consider vance a liberal social agenda. simply do not provide the same level of that only 5 percent of the pregnancies Mr. Chairman, the President’s Execu- health care services which make it nec- that occur are a result of rape, incest, tive order was wrong—and we have a essary for our men and women to use or failed birth control, that means peo- chance to correct his mistake. military medical facilities. ple need to make responsible decisions By singling out abortion services and The military sometimes has to take about preventing pregnancies if they making it a crime to use your own a life in the defense of our country. do not want to have a child. Mr. Chair- money to pay for these services, They should not have to take the life man, I will vote ‘‘no’’ on this amend- women will undoubtedly be placed in of an innocent baby. ment, and I hope the rest of my col- great medical danger. If a woman serv- I urge my colleagues to vote ‘‘no’’ on leagues will, too. ing overseas makes a personal choice Ms. DELAURO. Mr. Chairman, I yield the DeLauro amendment. to have an abortion, which is her legal 1 minute to the gentleman from New Ms. DELAURO. Mr. Chairman, I yield right as an American citizen, she will York [Mr. NADLER]. such time as she may consume to the (Mr. NADLER asked and was given gentlewoman from California [Ms. risk an unsafe or illegal procedure. I urge my colleagues to vote in favor permission to revise and extend his re- PELOSI]. of this amendment and for freedom and marks.) (Ms. PELOSI asked and was given fairness to our military women. Mr. NADLER. Mr. Chairman, without permission to revise and extend her re- Mr. DORNAN. Mr. Chairman, I yield this amendment, the bill would pro- marks.) such time as he may consume to the hibit abortions at Defense Department Ms. PELOSI. Mr. Chairman, I rise in gentleman from Missouri, Mr. HAROLD medical facilities abroad, even though support of the DeLauro amendment. I VOLKMER, another outstanding pro-life no public moneys would be used to fund commend the gentlewoman for offering leader in this Chamber on the Demo- such abortions. It would deny Amer- it and urge our colleagues to support cratic side. ican servicewomen the same constitu- it. (Mr. VOLKMER asked and was given tional rights, the same medical serv- Mr. Chairman, I rise to add my voice to permission to revise and extend his re- ices available to women in the United those in support of the DeLauro amendment marks.) States. The ignorant and incorrect to the Defense Authorization Act, to strike a Mr. VOLKMER. Mr. Chairman, I rise statement of the preceding speaker provision which is a clear threat to the health in strong support for the life of the un- notwithstanding, the Surpreme Court of women military personnel and their families, born, and in strong opposition to the has declared the right to abortion a as well as a threat to the constitutional rights amendment offered by the gentle- fundamental constitutional right. of all American women. woman from Connecticut [Ms. Mr. Chairman, remember, we are not Women stationed overseas in service to DELAURO]. talking here of taxpayers’ funds. The their country depend on base hospitals for Mr. DORNAN. Mr. Chairman, it gives servicewomen would pay for their own medical care. These women are citizens ready me great pleasure to yield 2 minutes to abortions. No doctors would be forced and willing to sacrifice their lives for their the entire delegation of the State of to perform abortions. The conscien- country. Under the bill as it currently stands, Wyoming, Mrs. BARBARA CUBIN, a hard tious clause remains. This bill is an as- however, these women are treated as second charging Member and another great sault. It is discrimination against our class citizens. Under this bill, these brave pro-lifer. Nation’s servicewomen abroad, not women would be denied access to safe medi- (Mrs. CUBIN asked and was given only because we would deny them a cal care. These women are expected to serve permission to revise and extend her re- right they are entitled to on American without being served. marks.) soil, but because we would force them The issue here is not taxpayer funding. Mrs. CUBIN. Mr. Chairman, any to risk their lives in often substandard Women in the military currently must use their women who has conceived a child, car- foreign medical facilities if they wish own funds to obtain abortion services at mili- ried the child for 9 months, and then to exercise their constitutionally guar- tary hospitals. given birth to that child knows that anteed right to choose. The issue here is not forcing medical provid- life does begin at conception. Human b ers to perform abortion services. The DeLauro life begins at conception. 1300 amendment maintains the conscience clauses I have heard it said several times This attack on American women already in effect. over and over and over here today that must not be allowed to stand. I urge H 6004 CONGRESSIONAL RECORD — HOUSE June 15, 1995 my colleagues to join me in supporting While it is offensive, I see the true (Mrs. FOWLER asked and was given this crucial amendment. issue here to be whether Government permission to revise and extend her re- Mr. DORNAN. Mr. Chairman, I yield has an obligation to provide a right de- marks.) myself 15 seconds. clared by the Supreme Court to be em- Mrs. FOWLER. Mr. Chairman, I rise Hold the fire on the word ‘‘ignorant,’’ bedded in the Constitution. I think not. in support of the DeLauro amendment. folks. He says it was ignorant. Well, I In addition, Congress has the clear re- I see this as a simple matter of fair- think it is ignorant to use the word sponsibility and right, as outlined in ness. The women who proudly serve in ‘‘ignorant’’ on this House floor. article 1, section 8, to provide for the the U.S. military overseas, and the de- I have a wife watching, three grown rules and regulations of the military. pendents of U.S. military men over- daughters who are all mothers, and But I think this general principle is seas, should have access to the same folks, more than 50 percent of this true beyond the unique circumstances quality of services that are legally country is female and they respect and of the military. The freedom of the available in the United States. The treasure the sacred, precious life in press guaranteed by the first amend- DeLauro amendment ensures this with- their womb. This is assault-on-women ment, for example, does not obligate out causing taxpayer funds to be spent garbage. the Federal Government to provide for any abortion procedure, and with- Mr. Chairman, I yield 2 minutes to every interested American with a out requiring any health care worker the gentleman from Indiana [Mr. printing press. Pushing this notion fur- who conscientiously objects to such a HOSTETTLER], a member of my commit- ther, I ask, should we allow military procedure from being compelled to par- tee, one of the best new Members of facilities to be used for prostitution ticipate. this House. Some would contend that taxpayers (Mr. HOSTETTLER asked and was where it is otherwise legal, such as Ne- are footing the bill just the same be- given permission to revise and extend vada or Thailand? I think not. It should not be the policy of the U.S. cause hospital utilities, administrative his remarks.) Mr. HOSTETTLER. Mr. Chairman, I military to use those facilities to de- overhead, and the like would still be fi- rise in strong opposition to the stroy an innocent preborn life. nanced by the taxpayer. I believe this DeLauro amendment. Mr. Chairman, For this reason, Mr. Chairman, I will is a specious argument: If this is the we who serve on the National Security vote against the DeLauro amendment, new interpretation of the law, then any Committee have placed limits on the and urge all my colleagues to also vote hospital in the United States that re- use of U.S. military facilities to make against it. ceives Medicaid or Medicare payments it clear those facilities should not be Ms. DELAURO. Mr. Chairman, I yield should be held equally accountable and used to provide abortions. such times as she may consume to the forbidden from providing such services. Those who oppose these limits argue gentlewoman from the District of Co- I would contend that is wholly unen- that their position is simply a matter lumbia [Ms. NORTON]. forceable and inappropriate position. of fairness. (Ms. NORTON asked and was given I urge my colleagues to support the Despite my questioning whether we permission to revise and extend her re- DeLauro amendment and restore fair- can have any discussion of fairness marks.) ness to those who are serving our Na- without including the preborn, and de- Ms. NORTON. Mr. Chairman, I rise in tion overseas. spite my profound disagreement with strong support of the DeLauro amend- Mr. DORNAN. Mr. Chairman, I yield the Supreme Court’s reasoning in the ment. 1 minute to the best aviator and pilot Roe versus Wade decision, I want to Mr. Chairman I rise in strong support of the in either Chamber, in the House of Rep- concentrate on what I see as the real DeLauro Amendment to the defense author- resentatives, and it hurts for me to say issue at hand. ization bill. that, the Navy Commander, DUKE The Supreme Court has told us that One of the great landmarks in freedom for CUNNINGHAM of California. we have to allow the killings of American women came when they won the Mr. CUNNINGHAM. Mr. Chairman, if preborn children. It has not, however, right for reproductive choice. It is hard to think you wanted a liposuction or a tummy told us that government has an obliga- of a right more important, and it is unthinkable tuck or a nose job, and you were in the tion to provide this service. The that an American women would have that right military, even if you paid for it your- DeLauro amendment, I believe, obli- as a civilian, but lose it in the service of her self, you should not be allowed to do gates the United States to make sure country. that at a military base under taxpayer abortion services and facilities are There has been a great deal of misrepre- dollars. available at U.S. military bases. sentation regarding this amendment. Let me The nonavailability letter, we have There are many reasons why we take a moment to explain the truth about what retirees that live in Mexico, and just should not obligate the military to pro- this amendment does not do. With the like a civilian or military retiree, if vide facilities and services for abor- DeLauro amendment only the current law you are overseas, all you do is get a tion. For example, despite the assur- would be retained, nothing new would occur. letter of nonavailability. No rights are ances from the other side, I believe it is No taxpayer money would be used to perform taken away from you, and you have the hard to argue there is no subsidy of abortions, only the private funds of individual same rights as you are protected under abortion by U.S. taxpayers in this case. women exercising their constitutional right. No in this country as well. In emergency I believe there is a subsidy, though it military medical personnel would be forced to situations that is taken care of and may be indirect, because everything in perform an abortion. The conscience clause provided, especially if it is in case of a our military medical systems is tax- that is currently in effect would be retained. life of a mother. payer-funded—from the doctor’s edu- Any person who feels unable or unwilling to But where taxpayer dollars are in- cation and availability, to the elec- perform an abortion would not be required to volved in this kind of thing, we don’t tricity powering the facility’s equip- do so. ask you to support our side. You should ment to the very building itself. What this amendment does do, however, is not be asking other people to pay their In addition, abortion—while declared to allow servicewomen to maintain their rights taxpayer dollars that don’t support legal by the Supreme Court—remains a abroad while fighting to retain our rights here your agenda. I ask a ‘‘no’’ vote on the very divisive practice, and allowing at home. It is crucial that as these brave DeLauro amendment. abortions to be performed on military women serve our country, they are allowed Ms. DELAURO. The gentleman knows installations would bring that discord access to the identical safe health care that that there are no taxpayer dollars in- and dissension right onto our military the Supreme Court has decided is a right of volved in this effort. bases, complete with pickets and the all American women. Mr. Chairman, I yield 1 minute to the like. Therefore, I urge my colleagues to vote in gentleman from New York [Mr. ENGEL]. Some would also argue that it is es- favor of the DeLauro amendment. Mr. ENGEL. Mr. Chairman, I thank pecially offensive to make the mili- Ms. DELAURO. Mr. Chairman, I yield the gentlewoman for yielding me the tary—an institution dedicated to pre- 45 seconds to the gentlewoman from time. serving innocent life by deterring ag- Florida [Mrs. FOWLER], my colleague Mr. Chairman, this is a very sensitive gression—the provider of a procedure on the Committee on National Secu- debate. I respect the positions of people that ends innocent life. rity. on both sides. But I would say to the June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6005 people who oppose the DeLauro amend- Mr. DORNAN. Mr. Chairman, I yield ment their neo-victorian social experi- ment, please stop trying to impose 1 minute to the gentleman from Cali- ment, my colleagues are whittling your morals on everyone else. fornia, DUNCAN HUNTER, a Congress- away at the rights of women and mi- All we are saying is that each woman man, Army officer, and another great norities one chip at a time. If we are should be allowed to decide for herself. pro-lifer in this House. not careful, women will soon find If she does not want to have an abor- Mr. HUNTER. Mr. Chairman, unlike themselves wearing chastity belts and tion, she does not have to have one. If my own colleague, DUKE CUNNINGHAM, I baking cookies. she wants to have an abortion, then she was no hero in service to my country Ms. DELAURO. Mr. Chairman, I yield ought to be entitled to the same things and did nothing special, but I think all 45 seconds to the gentlewoman from that all other American women are en- of us served under an ideal, and that New York [Mrs. MALONEY]. titled to, that is, the right to choose. ideal was best articulated by Gen. (Mrs. MALONEY asked and was given Lipsosuction, tummy tuck, a nose Douglas MacArthur speaking before permission to revise and extend her re- job? Give me a break. How can you this Chamber and before the U.S. Army marks.) compare that, in all seriousness, to graduates at West Point when he Mrs. MALONEY. Mr. Chairman, a abortion? talked about duty, honor, and country. large majority of the American people People ought to have the right to He said that the American soldier had support a woman’s right to choose. But choose. Let them make the decisions a reputation for having a character the radical right in Congress wants to for themselves. No public money is which was honest, and he used another deny U.S. service people the same free- being used. No taxpayer dollars are word, stainless. doms they enjoy in the United States, being used. Give women in the military It seems to me, Mr. Chairman, that the freedom to pay out of their own the same choice as other women. when we ask our medical people in the pockets to have an abortion. The people who talk about killing, military to do something that is highly Legal or not, American women will have they ever voted for the death pen- unusual with respect to their charter exercise their right to choose. Don’t alty? Let’s stop the hypocrisy and let as military officers, we ask them to force service people and their families people have the right to choose for take two very healthy people who come into dangerous black market abortions themselves. into a hospital, a mother and a child, overseas. This is senseless public pol- Mr. DORNAN. Mr. Chairman, I yield totally healthy when they come in, and icy. For the health, safety and freedom 15 seconds to the gentleman from New they leave, one as a wounded person as of those who serve our country, support Jersey [Mr. SMITH] for a response. a result of deliberate medical proce- the DeLauro amendment. Mr. SMITH of New Jersey. Mr. Chair- dure, and the other person leaves with- b 1315 man, I am glad my good friend from out their life, that is a misuse of the New York brought up the death pen- American military. Mr. DORNAN. Mr. Chairman, I yield alty and pointed out that there is kill- Ms. DELAURO. Mr. Chairman, I yield such time as he may consume to the ing involved in the taking of human 1 minute to the gentlewoman from Or- gentleman from Florida [Mr. life in abortion. I am one who has egon [Ms. FURSE]. SCARBOROUGH]. voted against the death penalty. I do Ms. FURSE. Mr. Chairman, women in (Mr. SCARBOROUGH asked and was not believe in it. the military deserve the same civil given permission to revise and extend I would welcome and invite the gen- rights as all American women, and his remarks.) tleman and others who believe as he they deserve the same civil rights as Mr. SCARBOROUGH. Mr. Chairman, does to recognize that when chemical all servicemen. All medical treatment I rise in opposition to the Delauro poisons and when dismemberment oc- is available for servicemen at military amendment. curs on an unborn child, that is killing. facilities. Our military women should Ms. DELAURO. Mr. Chairman, I yield We do not want to facilitate it. That is not have to risk their health nor their 1 minute to the gentleman from Illi- what this amendment is all about. This civil rights when they serve this coun- nois [Mr. DURBIN]. facilitates the killing of those babies. try. I urge Members to vote ‘‘yes’’ to Mr. DURBIN. Mr. Chairman, let me Ms. DELAURO. Mr. Chairman, I yield the DeLauro amendment. tell Members what this debate is really 1 minute to the gentlewoman from New Ms. DELAURO. Mr. Chairman, I yield all about. Some of the most radical York [Mrs. LOWEY]. 30 seconds to the gentlewoman from leaders in the new Republican majority Mrs. LOWEY. Mr. Chairman, I rise in California [Ms. WOOLSEY]. are determined to end the right to strong support of this amendment. (Ms. WOOLSEY asked and was given choose for American women, and their Let’s be very clear. This amendment permission to revise and extend her re- first target is women in the military. does not commit the use of Federal marks.) Today they oppose the right of Amer- funds for abortion. It simply allows Ms. WOOLSEY. Mr. Chairman, I rise ican women in the military to be treat- American servicewomen to use their in strong support of the DeLauro ed with the same rights and dignity as own money to pay for abortion services amendment to H.R. 1530. H.R. 1530 every other American woman. at military bases abroad. tramples the rights of military women This is patent discrimination against This amendment is critical to pre- overseas by denying them their legal American women who have volunteered serving the basic rights of American right to use their own funds to pay for to serve their country. While America servicewomen. The bill before us penal- abortion services. applauds the courage and achievement izes women who have volunteered to Mr. Chairman, this body must not of women in the military, the Dornan serve their country by prohibiting condone efforts to take away the legal language treats them as second-class them from exercising their constitu- rights of our female military person- citizens. America’s servicewomen are tionally guaranteed right to choose. nel. The DeLauro amendment only cor- prepared to risk their lives in the serv- This Congress should not limit the con- rects H.R. 1530’s glaring violation of ice of their country. The antichoice stitutional rights of the brave women the rights of military women by simply forces now are prepared to ask them to who are serving our Nation. preserving DOD’s current policy on also risk their lives in the legal termi- The bill also puts the health and abortion. nation of a pregnancy. lives of our servicewomen at risk. It I urge my colleagues to support the Support the DeLauro amendment and says to a 19-year-old American woman rights of our servicewomen and to sup- support those strong and courageous who has been raped, if you become port the DeLauro amendment. Republicans who have joined in support pregnant, go back to the back alley, go Ms. DELAURO. Mr. Chairman, I yield of her effort. back to that back alley in some foreign 30 seconds to the gentlewoman from Ms. DELAURO. Mr. Chairman, I yield country for an unsafe, illegal abortion. Georgia [Ms. MCKINNEY]. such time as she may consume to the It tells our brave servicewomen that in Ms. MCKINNEY. Mr. Chairman, it ap- gentlewoman from Florida [Ms. your hour of greatest need, your own pears that some of my Republican col- BROWN]. country will abandon you. leagues are suffering from spring fever (Ms. BROWN of Florida asked and I urge Members to vote for the and can’t wait to get their hands on was given permission to revise and ex- DeLauro amendment. women’s bodies. In their rush to imple- tend her remarks.) H 6006 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Ms. BROWN of Florida. Mr. Chair- They mentioned a Catholic country, when we get to the floor, we are indeed man, I rise in support of the women in and I think there has been a respectful debating on the relevant issue that is the military’s right to choice. debate on both sides except for the use before us. Ms. DELAURO. Mr. Chairman, I of the word ignorant. He is good soul Now, to take away a woman in the would ask how much time remains on and he is probably sorry he did that. military’s access to the legal procedure both sides. But it is tough when people use con- of abortion is obviously a contentious The CHAIRMAN. The gentlewomen stitutional arguments, when I think issue. I have listened to the debate from Connecticut [Ms. DELAURO] has 1 this is the worst decision since the here. There can be tremendous emo- minute and 45 seconds, and the gen- Dred Scott decision. tion, even divisiveness. But I would tleman from California [Mr. DORNAN] My ninth grandchild is one-quarter like to point out to my colleague that has 11⁄2 minutes remaining. Jewish, proudly is going to be a bap- this provision in this bill that goes be- Ms. DELAURO. Mr. Chairman, I yield tized, christened on Sunday, and we yond current law did not result in 1 myself 13⁄4 minutes, the balance of my will glorify his Jewish heritage and second, Mr. Chairman, of hearings at time. keep it in mind. The Nuremberg laws of any level. It is a complete distortion of Mr. Chairman, in closing, what I the late thirties said my grandson the legislative process. would like to do is to emphasize that Liam could not have served in that That is why we are being paid, folks. this amendment in fact is not about government. He was a non-person, and To be legislators. This provision had no public funding, it is not about special it was all legal under the German Con- hearings; no opportunity to look into treatment, it is in fact about preserv- stitution. the consequences of this act. So, just ing the right to choose, a right to Vote ‘‘no’’ on the DeLauro amend- on process alone, this provision in this choose that American women have in ment. Please support my language. bill should be rejected. We cannot con- the United States. The CHAIRMAN. All time has ex- tinue to make a mockery of the proc- And it is about safe health care for pired. ess. American military women who serve Mr. DELLUMS. Mr. Chairman, I When we marched through this door this Nation and serve it proudly, who move to strike the last word. the first day of the 104th Congress, are far from home, and who sacrifice Mr. Chairman, I have tried to listen there was a commitment to openness, a every single day for this country, such to this entire debate, and tried to lis- commitment to fairness, and a com- as women who served proudly and gal- ten carefully to Members on both sides mitment to a deliberative process that lantly in the Persian Gulf. They should of the aisle. I would make several ob- respected everyone here. I would sug- be able to expect the Federal Govern- servations. gest that this is just one more in a long First, Mr. Chairman, I do not direct ment to protect their liberties, both at parade of processes, of measures, that this in any sense of anger, but I would home and abroad. have come to this floor without any de- caution the Chair that I hope that it This amendment restores current liberation, totally ignoring the nature does not become a practice in this law. There is not a shred of public of our process. funding involved in it, contrary to Chamber that we use the introduction Now, to the substance, Mr. Chair- what my colleagues on the other side of Members to extend the time. I think man. I have been an elected official would like to portray. that is inappropriate. I think it is not now for almost half of my life. One The conscience clause is preserved within the confines of good and regular thing I know about elected officials is for all branches of the military so that order on the floor of this Congress, and we tend to have the most creative those health professionals who do not it is very time-consuming. I hope we do minds on the planet Earth. We can want to perform this procedure do not not slip down that slippery slope. work our way around in order to make have to do that. This is very, very sim- Having said that, let me make a cou- a statement whether the issue fits that ply about maintaining and preserving ple of other comments. issue or not. what is the right of women in this PARLIAMENTARY INQUIRY This issue is not an issue about abor- country, and that is the right to Mr. DELLUMS. Mr. Chairman, I have tion. But if you want to use it as that choose. a parliamentary inquiry. Why are we singling out women who The CHAIRMAN. The gentleman will platform, then all of us have that cre- serve this country for discriminating state it. ative capacity to swing around in mid- treatment? I urge support for the Mr. DELLUMS. Mr. Chairman, before air and find ourselves landing on the amendment. I go forward let me propound a par- issue of abortion. Mr. Chairman, I yield back the bal- liamentary inquiry so it does not come This is a simple issue of fairness. We ance of my time. out of my time. salute women in the military; pat them Mr. DORNAN. Mr. Chairman, I yield In introducing Members in this on the back and talk about the great myself such time as I may consume. Chamber, is it appropriate to go be- job they do. But if they are overseas This is not a gender issue. Of my 14 yond simply saying the gentlewoman they find themselves in a crisis preg- offspring there are 7 of one gender, 7 of or the gentlepersons from the location nancy, or their dependent, we say you another, no confusion in between. This and their introduction? I would just are over there defending the great is about Federal taxpayer money. But I like to know that. rights and liberties of America, but think I am willing to concede nobody The CHAIRMAN. Members should they cannot have it overseas. This is in this Chamber is going to vote on refer to other Members in the third not about abortion. It is about whether that issue or should. The lights, the person by State delegation. any human being in this country has electric, the air-conditioning, the heat Mr. DELLUMS. To proceed, there is equal access to anything any other in winter, the maintenance of a facil- one refrain, Mr. Chairman, that I have human being in this country has access ity, the pay of the military people who repeated on this floor, and that is that to. want to be protected from this burden there ought to be integrity to the proc- And if the issue is safe health care, if of peer pressure or from a Clinton ad- ess. We all know that there are conten- the issue is the procedure of abortion, ministration which says we are going tious issues that come to these Cham- then so be it. Why should a woman in to find a way to force this on them. bers, that are contentious issues that a foreign country find herself caught Mr. Chairman, we do live in a culture can be divisive and they can indeed be up in trying to deal with numerous of death, and Clinton and his White emotional. We all understand that. problems and options which may even House team are breathtaking pro-abor- But that is why we have a very deli- be a risky, illegal abortion? tion, unlike any of the other preceding cate and very fragile and very delib- So this is about fairness, my col- Presidents, not even close. erate legislative process; so that we leagues. And I hope that on the basis of And, Mr. Chairman, one of my friends hold hearings at the subcommittee and fairness and the integrity of the proc- and colleagues on this side mentioned a the full committee level so that we can ess you will support the DeLauro Moslem country, the fringe of that deal with unintended consequences. We amendment. country calls us the Great Satan, and can try to define the issues as clearly Mr. SPENCE. Mr. Chairman, I move this is the first thing they point to. and as precisely as possible so that to strike the last word. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6007 The CHAIRMAN. The gentleman It is going to be with us forever be- ed concerns and their inability to serve in from South Carolina is recognized for 5 cause it does involve more than tax- combat units. In addition, the military regards minutes. payers’ dollars. It involves human all personnel as potential blood donors. Since Mr. SPENCE. I yield 5 minutes to the souls, partial birth abortions, and, by HIV-infected personnel may not give blood, gentleman from California [Mr. DOR- the lowest estimate of a liberal, pro- they detract from available resources. NAN]. abortion group, the Guttmacher Insti- The opposition has also resorted to scare Mr. DORNAN. Mr. Chairman, I say to tute of New York, there are at least 1 tactics on abortion. The issue at hand is abor- my good friend, the gentleman from or 2 percent of the million and a half tion in facilities funded by the taxpayer. Serv- California [Mr. DELLUMS], that the gen- abortions in this country that are per- icewomen and military dependents will now be tleman will not get this opportunity formed in the 7th, 8th, and 9th month, asked to utilize private facilities to obtain abor- too often out of me. I stand corrected. when that little baby in a car crash, tions overseas except in the instances of rape, I stand corrected on the over-friendly, when the mother is taken back to God, incest, and the life of the mother. Women will over-florid introductions of some of my is viable and often lives. not be forced to seek illegal, or unsafe proce- speakers. That means every 2 years a Vietnam dures as propagated by the other side of the I have noticed some Members on both wall of deaths is recorded of viable ba- aisle. sides of the aisle do that. The friendli- bies who are beyond the fetus stage be- However, American taxpayers should not be ness is probably pushing comity, push- cause they can survive outside their forced to subsidize clinics performing this ing the edge of the envelope, and I have independent mother’s life forces, and practice when many of those taxpayers find been known to do that, as thee have, sometimes with the mother used as an this procedure abhorrent. sir. extended placenta because she is brain- I urge my colleagues to not support the But if this means I can never intro- dead, and she is on an air machine, an DeLauro amendment. duce the gentleman again when I yield oxygen machine, a heart machine, and Ms. BROWN of Florida. Mr. Chairman, to him as one of the finest and fiery or- in San Francisco one baby surviving today women serve proudly in our military ators of this House. like that is now 41⁄2 years old, a little Mr. DELLUMS. The gentleman may forces. They are often the best and the bright- boy who lived over 68 days with his do that any time. est in the classroom and excel in all aspects Mr. DORNAN. With that exception, I mother’s dead body keeping alive his of military life. Women have served side by stand advised. life force and his soul. side with men in combat throughout our his- I made comment on one Member So we all know how we are going to tory; women in the military deserve to be treat- using the word ‘‘ignorant’’ and I was vote, I think. Next time, I hope we ed with the highest respect. shocked when off microphone he said, have more new Members vote. As the House considers the fiscal year 1996 it was ignorant. He was referring to a Mrs. COLLINS of Illinois. Mr. Chairman, I National Defense Authorization Act, I believe it lady in this House, the entire delega- rise in strong support of the amendment being is imperative that we aim for high morale and tion of the great State of Wyoming. offered today by my colleague, Representative outstanding quality of life for our service per- And I think it has been a pretty good ROSA DELAURO. Her amendment would cor- sonnel. A key component of such a goal must debate. I am going to yield back most rect a grave inequity that is currently con- be to provide the very best health care for all of this time. I think everybody know tained in H.R. 1530, the National Defense Au- men and women who serve our country. this is issue. I wanted to give a lot of thorization Act of fiscal year 1996. Therefore, without hesitation, I strongly sup- our new Members a chance. H.R. 1530 singles out women who serve in port this amendment. This is the first clear-cut, up-or-down the military overseas for a specific, unfair re- In many countries where our military forces issue on what you call choice, what we striction. It prohibits overseas Department of are called upon to serve, women who make call it sacred life. And I am going to Defense military facilities from providing pri- the difficult choice to have an abortion are un- get tough on this next point, because it vately funded abortions. The DeLauro amend- able to obtain a safe abortion locally. Without is my tribe, my particular denomina- ment would eliminate this prohibition. this health protection, a woman may be forced tion. Mr. Chairman, American women have the to face a local hospital in a foreign country First, paraphrasing a great American right to obtain abortions in this country. So where English may not be spoken and the cul- patriot, Is $133,600 a year so dear and why shouldn't American military women who ture is very different. There, in a lonely waiting life in the Halls of Congress so precious are serving this country overseas have this room, she will wait until her turn comes to give to be bought at the price of loyalty? Or same right? Especially if they pay for the abor- her life over to strangers and hope for the best from the Good Book? What does it prof- tion with their own money? It is grossly unfair outcome. A civilized country such as the Unit- it a person to gain the whole world, or and unjustifiable. ed States must not allow such a terrifying and a job in Congress or the Senate, and Without the DeLauro amendment, H.R. degrading experience for any of its citizens. jeopardize their own soul? 1530 will drive women into desperate situa- Mr. SPENCE. Mr. Chairman, I yield I think this is an issue not of fair- tions in which they may have to seek abor- back the balance of my time. ness, but of confusion, yes, of constitu- tions from unsafe or unsanitary hospitals in The CHAIRMAN. The question is on tionality. I pointed out the Nuremberg foreign countries. Clearly, a pregnant woman the amendment offered by the gentle- laws made my ninth grandchild, in the is the one and only person who knows what woman from Connecticut [Ms. 1930’s when I was born, in a great coun- is best for her, and she, in consultation with DELAURO]. try that has been mentioned in this de- her family, doctor, and/or clergy, is the one The question was taken; and the bate, unable to own property, go to who should make the decision affecting her Chairman announced that the noes ap- medical school, or run for political of- body, her health, and her life. peared to have it. I strongly support the DeLauro amendment fice. I hope he runs for political office RECORDED VOTE in this great country. and urge my colleagues to do the same. Mr. PACKARD. Mr. Chairman, I rise in op- Ms. DELAURO. Mr. Chairman, I de- b mand a recorded vote. 1330 position to Congresswoman DELAURO's But we do live in not only a culture amendment to the defense authorization bill A recorded vote was ordered. of death but an age of confusion, and I which would nullify requiring the immediate The vote was taken by electronic de- have got a caucus rattling around in discharge of HIV-positive personnel and ban- vice, and there were—ayes 196, noes 230, my head called the ACFA Caucus, An- ning abortions in military hospitals overseas. not voting 8, as follows: other Catholic for Abortion, people Contrary to the arguments presented by the [Roll No. 382] who tell me they know more than other side of the aisle, discharging AYES—196 Mother Theresa, ‘‘and she ought to get servicemembers who have contracted the Abercrombie Bishop Cardin out of our face.’’ HIV±1 virus is not punitive nor discriminatory. Ackerman Boehlert Castle Baesler Bonior Clay No, this is a sad issue. It is a confus- The fact is, retaining HIV-positive personnel Baldacci Bono Clayton ing issue. It is an issue where people degrades unit readiness and creates a class Barrett (WI) Boucher Clement put it on the line and then cannot eat of individuals who are unable to deploy if their Bass Brewster Clyburn that vote or ever flipflop back, and it is units are called upon. Those infected often re- Becerra Brown (CA) Coleman Beilenson Brown (FL) Collins (IL) sad. And it is strange friendships. It is quire reassignment and continued restrictions Bentsen Brown (OH) Collins (MI) too bad. on future assignments because of health relat- Berman Bryant (TX) Condit H 6008 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Conyers Jackson-Lee Pomeroy Leach Oxley Smith (WA) ica and the Russian Federation on Further Coyne Jacobs Porter Lewis (CA) Packard Solomon Reduction and Limitation of Strategic Of- Cramer Jefferson Pryce Lewis (KY) Parker Souder fensive Arms. Danner Johnson (CT) Ramstad Lightfoot Paxon Spence Amendment No. 8, part 2 offered by Mr. DeFazio Johnson (SD) Linder Peterson (MN) Rangel Stearns Bateman: At the end of subtitle B of title II DeLauro Johnson, E. B. Reed Lipinski Petri Stenholm (page 31, after line 11), insert the following Dellums Johnston Reynolds Livingston Pombo Stockman Deutsch Kelly Richardson LoBiondo Portman Stump new section: Dicks Kennedy (MA) Rivers Lucas Poshard Stupak SEC. 217. DEVELOPMENT OF LASER PROGRAM. Dingell Kennedy (RI) Rose Manton Quillen Talent (a) LASER PROGRAM.—The amount author- Dixon Kennelly Roukema Manzullo Quinn Tate ized for appropriation by section 201 is here- Mascara Radanovich Doggett Klug Roybal-Allard Tauzin McCollum Rahall by increased by $9,000,000, to be used for the Dooley Kolbe Rush Taylor (MS) Dunn Lantos McCrery Regula development by the Naval High Energy Sabo Taylor (NC) McDade Riggs Laser Office of a continuous wave, Durbin Levin Tejeda Sanders McIntosh Roberts Edwards Lewis (GA) Thomas superconducting radio frequency free elec- Sawyer McKeon Roemer Ehrlich Lincoln Thornberry tron laser program. Schiff McNulty Rogers Engel Lofgren Tiahrt (b) OFFSET.—The amount authorized by Eshoo Longley Schroeder Metcalf Rohrabacher Tucker section 201 is hereby reduced by $9,000,000, of Evans Lowey Schumer Mica Ros-Lehtinen Upton which— Farr Luther Scott Moakley Roth Volkmer (1) $7,000,000 shall be derived from amounts Fattah Maloney Serrano Mollohan Royce Vucanovich Fawell Markey Shaw Montgomery Salmon authorized for experimental evaluation of Waldholtz Fazio Martinez Shays Moorhead Sanford major innovative technologies (PE 63226E); Fields (LA) Martini Sisisky Murtha Saxton Walker and Filner Matsui Skaggs Myers Scarborough Walsh (2) $2,000,000 shall be derived from amounts Foglietta McCarthy Slaughter Myrick Schaefer Wamp authorized for the space test program (PE Foley McDermott Spratt Neal Seastrand Watts (OK) Weldon (FL) 63402F). Ford McHale Stark Nethercutt Sensenbrenner Amendment No. 9, part 2, as modified, of- Neumann Shadegg Weldon (PA) Fowler McHugh Stokes fered by Ms. Harman: In section 257(e): Frank (MA) McInnis Ney Shuster Weller Studds Page 55, line 1, insert after ‘‘section 201’’ Franks (CT) McKinney Tanner Norwood Skeen Whitfield the following: ‘‘for federally funded research Franks (NJ) Meehan Thompson Nussle Skelton Wicker Frelinghuysen Meek Thurman Oberstar Smith (MI) Wolf and development centers and university-af- Young (AK) Frost Menendez Torkildsen Ortiz Smith (NJ) filiated research centers’’. Orton Smith (TX) Young (FL) Furse Meyers Torres Amendment No. 10, part 2, offered by Mr. Gejdenson Mfume Torricelli Hansen: At the end of title II (page 61, after Gephardt Miller (CA) NOT VOTING—8 Towns line 2), insert the following new section: Geren Miller (FL) Andrews Dickey Thornton Traficant Gibbons Mineta Bachus Flake Yates SEC. 263. FIBER OPTIC ACOUSTIC SENSOR SYS- Velazquez Gilchrest Minge Chapman Kleczka TEM. Vento Gilman Mink (a) FIBER OPTIC ACOUSTIC SENSOR SYS- Gonzalez Molinari Visclosky b 1349 TEM.—Of the amount appropriated pursuant Gordon Moran Ward to the authorization in section 201, $28,181,000 Waters Mr. BUYER changed his vote from Green Morella shall be available for fiscal year 1996 for the Watt (NC) Greenwood Nadler ‘‘aye’’ to ‘‘no.’’ advanced submarine combat systems devel- Gunderson Obey Waxman Mr. BONO changed his vote from White opment program (PE 63504N). Of that Gutierrez Olver ‘‘no’’ to ‘‘aye.’’ Harman Owens Williams amount, $6,900,000 shall be available for re- Hastings (FL) Pallone Wilson So the amendment was rejected. search and development of a fiber optic Hefner Pastor Wise The result of the vote was announced acoustic sensor system, including the devel- Hilliard Payne (NJ) Woolsey as above recorded. opment of common optical towed arrays. Hinchey Payne (VA) Wyden (b) OFFSET.—The amount authorized in PERSONAL EXPLANATION Horn Pelosi Wynn section 201 for the advanced submarine sys- Houghton Peterson (FL) Zeliff Mr. BACHUS. Mr. Speaker, on rollcall vote tems development program (PE 63561N) is Hoyer Pickett Zimmer No. 382, I was unavoidably detained while hereby reduced by $6,900,000. NOES—230 meeting with Alabama's delegation to the Amendment No. 12, part 2, as modified, of- White House Conference on Small Business. fered by Mr. Cunningham: At the end of title Allard Collins (GA) Hall (OH) Had I been present, I would have voted ``no'' II (page 61, after line 2), insert the following Archer Combest Hall (TX) new section: Armey Cooley Hamilton on the DeLauro amendment. SEC. 263. JOINT TARGETING SUPPORT SYSTEM Baker (CA) Costello Hancock AMENDMENTS EN BLOC, AS MODIFIED, OFFERED Baker (LA) Cox Hansen TESTBED. BY MR. SPENCE Ballenger Crane Hastert (a) JOINT TARGETING SUPPORT SYSTEM Barcia Crapo Hastings (WA) Mr. SPENCE. Mr. Chairman, pursu- TESTBED.—The amount authorized in section Barr Cremeans Hayes ant to section 3 of House Resolution 164 201(2) for theater mission planning (project Barrett (NE) Cubin Hayworth I offer amendments en bloc. A1784) is hereby increased by $10,000,000, to Bartlett Cunningham Hefley be used to establish a joint targeting support Barton Davis Heineman The CHAIRMAN. The Clerk will des- Bateman de la Garza Herger ignate the amendments en bloc. system testbed (in PE 0204229N). Bereuter Deal Hilleary The text of the amendments en bloc, (b) OFFSET.—The amount authorized in Bevill DeLay Hobson section 201(2) for the Tomahawk (project Bilbray Diaz-Balart Hoekstra as modified, is as follows: A0545) is hereby reduced by $10,000,000. Bilirakis Doolittle Hoke Amendments en bloc, as modified, offered At the end of subtitle B of title I (page 19, Bliley Dornan Holden by Mr. SPENCE: after line 20), insert the following new sec- Blute Doyle Hostettler Amendment No. 2, part 2, offered by Mr. tion: Boehner Dreier Hunter Hoke: At the end of title XII (page 409, after SEC. 112. REPEAL OF REQUIREMENTS FOR AR- Bonilla Duncan Hutchinson line 18), insert the following new section: Borski Ehlers Hyde MORED VEHICLE UPGRADES. Browder Emerson Inglis SEC. 1228. SENSE OF CONGRESS CONCERNING Subsection (j) of section 21 of the Arms Ex- Brownback English Istook UNILATERAL IMPLEMENTATION OF port Control Act (22 U.S.C. 2761) is repealed. Bryant (TN) Ensign Johnson, Sam START II TREATY. Amendment No. 16, part 2, as modified, of- Bunn Everett Jones (a) FINDINGS.—Congress finds that— fered by Mr. Duncan. Strike out section 367 Bunning Ewing Kanjorski (1) the START II Treaty has not entered (page 107, line 16, through page 108, line 2) Burr Fields (TX) Kaptur into force; and and insert in lieu thereof the following: Burton Flanagan Kasich (2) the United States is nevertheless taking Buyer Forbes Kildee SEC. 367. INCREASED RELIANCE ON THE PRI- Callahan Fox Kim unilateral steps to implement the reductions VATE SECTOR. Calvert Frisa King in strategic forces called for by that treaty. (A) GENERAL RULE.—The Secretary of De- Camp Funderburk Kingston (b) SENSE OF CONGRESS.—It is the sense of fense shall endeavor to carry out through an Canady Gallegly Klink Congress that the Secretary of Defense entity in the private sector any activity to Chabot Ganske Knollenberg should not implement any reduction in stra- provide a commercial product or service for Chambliss Gekas LaFalce tegic forces that is called for in the START the Department of Defense if— Chenoweth Gillmor LaHood II Treaty unless and until that treaty enters (1) the product or service can be provided Christensen Goodlatte Largent Chrysler Goodling Latham into force. through a source in the private sector; and Clinger Goss LaTourette (c) DEFINITIONS.—For purposes of this sec- (2) an adequate competitive environment Coble Graham Laughlin tion, the term ‘‘START II Treaty’’ means the exists to provide for economical accomplish- Coburn Gutknecht Lazio Treaty between the United States of Amer- ment of the function by the private sector. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6009

(b) APPLICABILITY.—(1) Subsection (a) shall ization Act for Fiscal Year 1993 (Public Law enactment of this Act, actuarial estimates in not be construed to apply to any commercial 102–484; 106 Stat. 2540) is amended to read as support of their contention that the exten- product or service with respect to which the follows: sion of such fees and copayments will have Secretary of Defense determines that— ‘‘(a) ASSOCIATE UNITS.—The Secretary of an adverse effect on the operation of the Uni- (A) production, manufacture, or provision the Army shall require— formed Services Treatment Facilities and of that product or service by the Govern- ‘‘(1) that each ground combat maneuver the enrollment of participants. ment is necessary for reasons of national se- brigade of the Army National Guard that (as (c) EVALUATION.—Except as provided in curity; or determined by the Secretary) is essential for paragraph (2), not later than 90 days after (B) the product or service is so inherently the execution of the National Military Strat- the date of the enactment of this Act, the governmental in nature that it is in the pub- egy be associated with an active-duty com- Comptroller General shall submit to Con- lic interest to require production or perform- bat unit; and gress the results of an evaluation of the ef- ance, respectively, by the Department of De- ‘‘(2) that combat support and combat serv- fect on the Uniformed Services Treatment fense. ice support units of the Army Selected Re- Facilities of the extension of the uniform (2) A determination under paragraph (1) serve that (as determined by the Secretary) benefit fee and copayment schedule to the shall be made in accordance with regulations are essential for the execution of the Na- Uniformed Services Treatment Facilities. prescribed under subsection (c). tional Military Strategy be associated with The evaluation shall include an examination (c) REGULATIONS.—The Secretary of De- active-duty units.’’. of whether the benefit fee and copayment fense shall prescribe regulations for the pur- (b) RESPONSIBILITIES.—Subsection (b) of schedule may— poses of this section. Such regulations shall such section is amended— (A) cause adverse selection of enrollees; be prescribed in consultation with the Direc- (1) by striking out ‘‘National Guard com- (B) be inappropriate for a fully at-risk pro- tor of the Office of Management and Budget. bat unit’’ in the matter preceding paragraph gram similar to civilian health maintenance (d) REPORT.—(1) The Secretary of Defense (1) and inserting in lieu thereof ‘‘National organizations; or shall identify all activities of the Depart- Guard unit or Army Selected Reserve unit (C) result in an enrolled population dis- ment of Defense that are carried out to pro- that (as determined by the Secretary under similar to the general beneficiary popu- vide commercial products or services for the subsection (a)) is essential for the execution lation. Department of Defense and that are carried of the National Military Strategy’’; and (2) The Comptroller General shall not be out by personnel of the Department of De- (2) by striking out ‘‘of the National Guard required to prepare or submit the evaluation fense (other than activities specified by the unit’’ in paragraphs (1), (2), (3), and (4) and under paragraph (1) if the Uniformed Serv- Secretary pursuant to subsection (b)). inserting in lieu thereof ‘‘of that unit’’. ices Treatment Facilities fail to satisfac- (2) The Secretary shall transmit to Con- Amendment No. 24, part 2, offered by Mr. torily comply with subsection (b), as deter- gress, not later than April 15, 1996, a report Hastings of Washington: Page 304, beginning mined by the Comptroller General. on matters relating to increased use of the on line 23, strike out ‘‘September 30, 1995’’ Amendment No. 28, part 2, as modified, of- private sector for the performance of com- and insert in lieu thereof ‘‘October 1, 1994’’. fered by Mr. Bateman: At the end of subtitle mercial functions for the Department of De- Amendment No. 25, part 2, offered by Mr. C of title VIII (as added by the amendment of fense. The report shall include a list of all Moakley: Page 306, after line 5, insert the Mr. Clinger), insert the following new sec- activities identified under paragraph (1) and following new subsection: tion: indicate, for each activity, whether the Sec- (b) SENSE OF CONGRESS.—(1) Congress finds retary proposes to convert the performance that the Uniformed Services Treatment Fa- SEC. 845. COST REIMBURSEMENT RULES FOR IN- cilities provide quality health care to the DIRECT COSTS ATTRIBUTABLE TO of such activity to performance by the pri- PRIVATE SECTOR WORK OF DE- vate sector and, if not, the reasons why. 120,000 Department of Defense beneficiaries FENSE CONTRACTORS. (3) The report shall include— enrolled in the Uniformed Services Family (a) DEFENSE CAPABILITY PRESERVATION (A) a description of the advantages and dis- Health Plan provided by these facilities. AGREEMENT.—The Secretary of Defense may advantages of using contractor personnel, (2) In light of such finding, it is the sense enter into an agreement, to be known as a rather than employees of the Department of of Congress that the Uniformed Services ‘‘defense capability preservation agree- Defense, to perform functions of the Depart- Family Health Plan provided by the Uni- ment’’, with a defense contractor under ment that are not essential to the formed Services Treatment Facilities should which the cost reimbursement rules de- warfighting mission of the Armed Forces; not be terminated for convenience under pro- scribed in subsection (b) shall be applied. (B) specification of all legislative and regu- visions of the Federal Acquisition Regula- Such an agreement may be entered into in latory impediments to contracting those tion by the Secretary of Defense before the any case in which the Secretary determines functions for private performance; and expiration of the current participation that the application of such cost reimburse- (C) the views of the Secretary of Defense agreements. ment rules would facilitate the achievement on the desirability of terminating the appli- Amendment No. 27, part 2, offered as modi- of the policy set forth in section 2501(c) of cability of OMB Circular A–76 to the Depart- fied by Mr. Pickett: Page 307, strike out line title 10, United States Code. ment of Defense. 20 and all that follows through line 6 on page (b) COST REIMBURSEMENT RULES.—(1) The (4) The Secretary shall carry out para- 308, relating to section 724 of the bill (equi- cost reimbursement rules applicable under graph (1) in consultation with the Director of table implementation of uniform cost shar- an agreement entered into under subsection the Office of Management and Budget and ing requirements for Uniformed Services (a) are as follows: the Comptroller General of the United Treatment Facilities), and insert the follow- (A) The Department of Defense shall, in de- States. In carrying out that paragraph, the ing new section: Secretary shall consult with, and seek the termining the reimbursement due a contrac- SEC. 724. EQUITABLE IMPLEMENTATION OF UNI- tor for its indirect costs of performing a de- views of, representatives of the private sec- FORM COST SHARING REQUIRE- tor, including organizations representing MENTS FOR UNIFORMED SERVICES fense contract, allow the contractor to allo- small businesses. TREATMENT FACILITIES. cate indirect costs to its private sector work Amendment No. 17, part 2 offered by Mr. (a) TIME FOR FEE IMPLEMENTATION.—The only to the extent of the contractor’s alloca- Bateman: Page 120, line 22, insert after ‘‘law uniform managed care benefit fee and ble indirect private sector costs, subject to enforcement’’ the following: ‘‘or emergency copayment schedule developed by the Sec- subparagraph (C). response’’. retary of Defense for use in all managed care (B) For purposes of subparagraph (A), the Amendment No. 19, part 2, offered by Mr. initiatives of the military health service sys- allocable indirect private sector costs of a Lewis of California or Mr. Skeen: At the end tem, including the managed care program of contractor are those costs of the contractor of title III (page 153, after line 25), insert the the Uniformed Services Treatment Facili- that are equal to the amount by which the following new section: ties, shall be extended to the managed care revenue attributable to the private sector SEC. 396. EXPANSION OF SOUTHWEST BORDER program of a Uniformed Services Treatment work of the contractor exceeds the sum of— STATES ANTI-DRUG INFORMATION Facility only after the later of— (i) the direct costs attributable to such SYSTEM. (1) the implementation of the TRICARE re- work, and Congress finds that the Southwest Border gional program covering the service area of (ii) the incremental indirect costs attrib- States Anti-Drug Information Systems pro- the Uniformed Services Treatment Facility; utable to such work. gram is an important element in the effort of or (C) The total amount of allocable indirect the Department of Defense to support law (2) the end of the 180-day period beginning private sector costs for a contract in any enforcement agencies in the fight against il- on the date of the enactment of this Act. year of the agreement may not exceed the legal trafficking of narcotics. (b) SUBMISSION OF ACTUARIAL ESTIMATES.— amount of indirect costs that a contractor Amendment No. 20, part 2, offered by Mr. Paragraph (2) of subsection (a) shall operate would have allocated to its private sector Dornan: At the end of subtitle B of title V as a condition on the extension of the uni- work during that year in accordance with (page 189, after line 7), insert the following form managed care benefit fee and the contractor’s accounting practices. new section: copayment schedule to the Uniformed Serv- (2) The cost reimbursement rules set forth SEC. 519. ACTIVE DUTY ASSOCIATE UNIT RE- ices Treatment Facilities only if the Uni- in paragraph (1) may be modified if the Sec- SPONSIBILITY. formed Services Treatment Facilities submit retary of Defense determines that modifica- (a) ASSOCIATE UNITS.—Subsection (a) of to the Comptroller General of the United tions are appropriate to the particular situa- section 1131 of the National Defense Author- States, within 30 days after the date of the tion to facilite achievement of the policy set H 6010 CONGRESSIONAL RECORD — HOUSE June 15, 1995 forth in section 2501(c) of title 10, United the Secretary of Defense shall rescind the testified in support of the Convention’s rati- States Code. Secretary’s blanket waiver of the Buy Amer- fication; (c) RELATIONSHIP TO ACCOUNTING PRACTICE ican Act with respect to such types of prod- (6) the United States intelligence commu- CHANGE.—The use of the cost reimbursement ucts produced in that foreign country. nity has testified that the Convention will rules described in subsection (b) under such (2) An agreement referred to in paragraph provide new and important sources of infor- an agreement with a contractor and the im- (1) is any reciprocal defense procurement mation, through regular data exchanges and plementation of such an agreement does not memorandum of understanding, between the routine and challenge inspections, to im- constitute a change in cost accounting prac- United States and a foreign country pursu- prove the ability of the United States to as- tices of the contractor within the meaning of ant to which the Secretary of Defense has sess the chemical weapons status in coun- section 26(h)(1)(B) of the Office of Federal prospectively waived the Buy American Act tries of concern; Procurement Policy Act (41 U.S.C. for certain products in that country. (7) the Convention will gradually isolate 422(h)(1)(B)). (b) REPORT.—The Secretary of Defense and automatically penalize states that (d) CONTRACTS COVERED.—An agreement shall submit to Congress a report on the refuse to join by preventing them from gain- entered into with a contractor under sub- amount of Department of Defense purchases ing access to dual-use chemicals and creat- section (a) shall apply to all Department of from foreign entities in fiscal year 1996. Such ing a basis for monitoring illegal diversions Defense contracts with the contractor either report shall separately indicate the dollar of those materials; existing on the date on which the agreement value of items for which the Buy American (8) the Convention has not entered into force for lack of the requisite number of rati- was entered into or awarded during the term Act was waived pursuant to any agreement fications; of the agreement. described in subsection (a)(2), the Trade (9) the United States played a leading role Amendment No. 29, Part 2, as Modified Of- Agreement Act of 1979 (19 U.S.C. 2501 et seq.), in drafting the Convention, and, as a global or any international agreement to which the fered by Mr. Everett: At the end of title IX leader, must remain at the helm of this ef- United States is a party. (page 345, after line 17), insert the following fort to deter further proliferation of chemi- (c) DEFINITION.—For purposes of this sec- new section: cal weapons and provide the legal framework SEC. 909. AVIATION TESTING CONSOLIDATION. tion, the term ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An Act making that will minimize the threat posed by chem- (a) LIMITATION.—The Secretary of the appropriations for the Treasury and Post Of- ical weapons; Army may not consolidate the Aviation (10) Russia has signed the Convention, but fice Departments for the fiscal year ending Technical Test , Fort Rucker, Ala- has not yet ratified it; bama, with any other aviation testing facil- June 30, 1934, and for other purposes’’, ap- (11) there have been reports by Russian ity until 60 days after the date on which a re- proved March 3, 1933 (41 U.S.C. 10a et seq.). sources of continued Russian production and AMENDMENT No. 34, part 2, as modified, of- port containing the results of the evaluation testing of chemical weapons, including a fered by Mrs. Morella: At the end of title XII of such consolidation described in subsection statement by a spokesman of the Russian (page 409, after line 18), add the following: (b) is received by the congressional defense Ministry of Defense on December 5, 1994, that committees. SEC. 1228. SENSE OF THE CONGRESS REGARDING ‘‘We cannot say that all chemical weapons THE CHEMICAL WEAPONS CONVEN- (b) INDEPENDENT EVALUATION.—The Sec- TION. production and testing has stopped alto- retary of the Army shall provide for an eval- gether.’’; and (a) FINDINGS.—The Congress finds that— (12) the Convention will impose a legally uation by the Institute for Defense Analyses (1) events such as the March 1995 terrorist binding obligation on Russia and other na- (a Federal contract research center) of the release of a chemical nerve agent in the tions that possess chemical weapons to cease proposal of the Test and Evaluation Com- Tokyo subway, the threatened use of chemi- offensive chemical weapons activities and to mand of the Army to relocate the Aviation cal weapons during the 1991 Persian Gulf destroy their chemical weapons stockpiles Technical Test Center to Yuma Proving War, and the widespread use of chemical and production facilities. Ground, . The evaluation of such pro- weapons during the Iran-Iraq War of the (b) SENSE OF CONGRESS.—It is the sense of posal shall include consideration of the fol- 1980’s are all potent reminders of the menace lowing: the Congress that— posed by chemical weapons, of the fact that (1) the United States should signify its (1) A review and validation of studies con- the threat of chemical weapons is ducted by the Army Materiel Command and commitment to reducing the threat posed by unappreciated and not sufficiently ad- chemical weapons by promptly joining the 28 the Army Test and Evaluation Command of dressed, and of the need to outlaw the devel- the proposed relocation. other nations that have ratified the Conven- opment, production, and possession of chemi- tion; (2) The effect on, and cost of, maintenance cal weapons; and logistics capability (including mainte- (2) both Houses of Congress should further (2) the Convention on the Prohibition of demonstrate United States preparedness to nance of a parts inventory) to support the the Development, Production, Stockpiling, test evaluation fleet. adopt the Convention by acting expedi- and Use of Chemical Weapons and on Their tiously to pass the required implementing (3) The availability of facilities and infra- Destruction (here-after in this section re- structure necessary to conduct the aviation legislation as soon as the Senate gives its ad- ferred to as the ‘‘Convention’’) would estab- vice and consent to the ratification of the testing mission at Yuma . lish a comprehensive ban on chemical weap- (4) The availability of engineers and main- Convention; ons, and its negotiation has enjoyed strong (3) both Houses of Congress should con- tenance technicians to support the aviation bipartisan congressional support, as well as tinue to lend their full support for the indefi- testing mission at Yuma Proving Ground. the support of the last 6 administrations, nite future to programs that maintain, as (5) The effect on current and planned air- both Republican and Democratic; the Convention allows and monitors, United craft programs. (3) United States military authorities, in- States defense preparedness against chemi- (6) Consistency with the efforts of the cluding Chairman of the Joint Chiefs of Staff cal weapons; Army to become the Department of Defense General John Shalikashvili, have stated that (4) the United States must be prepared to leader for rotary-wing aircraft. United States military forces will deter and exercise fully its rights under the Conven- (7) Potential savings, including the time respond to chemical weapons threats with a tion, including the request of challenge in- period over which such savings could be real- robust chemical defense and an overwhelm- spections when warranted, and to exercise ized. ing superior conventional response, as dem- leadership in pursuing punitive measures (8) Comparison of live-fire testing with onstrated in the Persian Gulf War, and have against violators of the Convention, when computer-simulated testing. testified in support of the Convention’s rati- warranted; (c) TIME REQUIREMENT FOR COMPLETION OF fication; (5) the United States should strongly en- EVALUATION.—The evaluation under sub- (4) the Congress in 1985 mandated the uni- courage full implementation at the earliest section (b) shall be completed not later than lateral destruction of the bulk of the chemi- possible date of the terms and conditions of 120 days after the date of the enactment of cal weapons stockpile of the United States, the United States-Russia bilateral chemical this Act. and the Convention, which requires partici- weapons destruction agreement signed in Amendment No. 31, Part 2, Offered by Mr. pating states to destroy their chemical arse- 1990; Traficant: At the end of title X (page 377, nals and production facilities under inter- (6) understanding that Western assistance after line 19), insert the following new sec- national supervision, would accelerate would be helpful to a successful Russian tion: progress toward the disarmament of chemi- chemical weapons destruction program, the SEC. 1033. APPLICATION OF BUY AMERICAN ACT cal weapons in a majority of the states be- United States should encourage Russia to PRINCIPLES. lieved to harbor chemical weapons capabili- ratify promptly the Convention and imple- (a) REINSTATEMENT OF PRINCIPLES.—(1) If ties, as this majority is among the Conven- ment a plan that will ensure full compliance the Secretary of Defense, after consultation tion’s 159 signatories; with the Convention, including the destruc- with the United States Trade Representa- (5) the United States chemical industry tion of chemical weapons stockpiles in ac- tive, determines that a foreign country was an important partner during the nego- cordance with the Convention’s time lines; which is party to an agreement described in tiation of the Convention, assisted in and paragraph (2) has violated the terms of the crafting a reasonable, effective verification (7) the United States should seek to en- agreement by discriminating against certain protocol, participated in both United States courage other nations to ratify promptly the types of products produced in the United and international trials to test provisions of Convention and to implement faithfully all States that are covered by the agreement, the Convention during its negotiation, and its terms and conditions. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6011

Amendment No. 41, Part 2, as modified, Of- SEC. 2834. MODIFICATION OF EXISTING LAND (b) USE OF LAND.—The Secretary of Veter- fered by Mr. Hall of Ohio: On page 532, after CONVEYANCE, HAMILTON AIR ans Affairs shall use the real property trans- line 5, insert the following new section: FORCE BASE. ferred under subsection (a) as an addition to (a) AUTHORITIES IN EVENT OF PARTIAL SEC. 3145. ACCELERATED SCHEDULE FOR ENVI- the Fort Bliss National Cemetery and admin- RONMENTAL MANAGEMENT ACTIVI- SALE.—In the event that the purchaser pur- ister such real property pursuant to chapter TIES. chases only a portion of the Sale Parcel and 24 of title 38, United States Code. (a) ACCELERATED CLEANUP.—The Secretary exercises its option to withdraw from the (c) RETURN OF UNUSED LAND.—If the Sec- of Energy shall accelerate the schedule for sale as to the rest of the Sale Parcel, the retary of Veterans Affairs determines that environmental management activities and portion of the Sale Parcel that is not pur- any portion of the real property transferred projects for any specific Department of En- chased (other than Landfill 26 and an appro- under subsection (a) is not needed for use as ergy defense nuclear facility site if, in the priate buffer area around it and the ground- a national cemetery, the Secretary of Veter- opinion of the Secretary, such an accelerated water treatment facility site), together with ans Affairs shall return such portion to the schedule will result in substantial long-term any of the land referred to in section 9099(e) administrative jurisdiction of the Secretary cost savings to the Federal Government and of Public Law 102–396 that is not purchased of the Army. speed up release of land for economic devel- by the purchaser, may be sold to the City of (d) LEGAL DESCRIPTION.—The exact acreage opment. Novato, in the State of California, for the and legal description of the real property to sum of One Dollar as a public benefit trans- be transferred under this section shall be de- (b) SITE SELECTION.—In selecting sites for termined by surveys that are satisfactory to an accelerated schedule under subsection (a), fer for school, classroom or other edu- the Secretary of the Army. The cost of such the Secretary shall give highest priority to cational use, for use as a public park or surveys shall be borne by the Secretary of sites that are in close proximity to popu- recreation area or for further conveyance as Veterans Affairs. lated areas, that pose significant risk, and provided herein, subject to the following re- (e) ADDITIONAL TERMS AND CONDITIONS.— that have the greatest potential to result in strictions: (1) if the City sells any portion of such land to any third party within 10 years The Secretary of the Army may require such privatization, commercialization, and eco- additional terms and conditions in connec- nomic development of unneeded facilities. after the transfer to the City, which sale may be made without the foregoing use re- tion with the transfer under this section as (c) ELIGIBILITY.—For purposes of sub- strictions, any proceeds received by the City the Secretary of the Army considers appro- section (a), environmental management ac- in connection with such sale, minus the dem- priate to protect the interests of the United tivities and projects shall be eligible for an onstrated reasonable costs of conducting the States. accelerated schedule under subsection (a) if sale and of any improvements made by the Amendment No. 46, part 2, offered by Mr. the time for completion at the site of such City to the land following its acquisition of Spratt: In the matter proposed to be added activities can be reduced by 50 percent or the land (but only to the extent such im- by section 805(c) (page 327, line 8), insert more below the time established in the re- provements increase the value of the portion after ‘‘bearings)’’ the following: ‘‘, notwith- port of the Department of Energy Office of sold), shall be immediately turned over to standing section 33 of the Office of Federal Environmental Management titled ‘‘1995 the Army in reimbursement of the with- Procurement Policy Act (41 U.S.C. 429)’’. Baseline Environmental Management Re- drawal payment made by the Army to the The CHAIRMAN. Pursuant to the port’’, March 1995. contract purchaser and the costs of cleaning rule, the gentleman from South Caro- (d) SAVINGS PROVISION.—Nothing in this up the Landfill and (2) until one year follow- lina [Mr. SPENCE] and the gentleman section shall be construed as affecting a spe- ing completion of the cleanup of contami- from California [Mr. DELLUMS] will cific statutory requirement for a specific nated soil in the Landfill and completion of project or as modifying or otherwise affect- each be recognized for 10 minutes. the groundwater treatment facilities, the The Chair recognizes the gentleman ing applicable statutory or regulatory envi- sale must be at a per-acre price for the por- ronmental restoration requirements, includ- from South Carolina [Mr. SPENCE]. tion sold that is at least equal to the per- Mr. SPENCE. Mr. Chairman, I yield ing substantive standards intended to pro- acre contract price paid by the purchaser for tect public health and the environment. the portion of the Sale Parcel purchased myself such time as I may consume. Amendment No. 43, Part 2, as modified, of- under the Agreement and Modification, as Mr. VOLKMER. Mr. Chairman, will fered by Mr. Hunter: Page 326 (section 805), amended, and thereafter must be at a price the gentleman yield? line 5, strike ‘‘VESSEL COMPONENTS.—’’ at least equal to the fair market value of the Mr. SPENCE. I yield to the gen- and insert in lieu thereof ‘‘VESSEL COMPO- portion sold. The foregoing restrictions shall tleman from Missouri. NENTS FOR ALL BRANCHES OF THE ARMED not apply to a transfer to another public or Mr. VOLKMER. Mr. Chairman, I no- FORCES.—’’. quasi-public agency for public uses of the tice that my count is right. We have Page 326 (section 805), strike lines 14 kind described above. The deed to the City about 20 of the No. 2 amendments in through 20 and insert in lieu thereof the fol- shall contain a clause providing that, if any this en bloc amendment. I would ask lowing: of the proceeds referred to in clause (1) are the gentleman, does that leave any fur- ‘‘(B) The following components of vessels, not delivered to the Army within 30 days ther amendments yet to be disposed of? to the extent they are unique to marine ap- after sale, or any portion of the land not sold plications: cable assemblies, hose assemblies, as provided herein is used for other than edu- Mr. SPENCE. I do not think so. hydraulics and pumps for steering, gyro- cational, park or recreational uses, title to Mr. VOLKMER. In other words, we compasses, marine autopilots, electric navi- the applicable portion of such land shall re- are really getting to the end of this bill gation chart systems, navigators, attitude vert to the United States at the election of at this time? and heading reference units, power supplies, the Administrator of the General Services Mr. SPENCE. The gentleman is cor- radars, steering controls, pumps, engines, Administration. The Secretary of the Army rect. turbines, reduction gears, motors, refrigera- shall agree to deliver into the applicable Mr. VOLKMER. And when this tion systems, generators, propulsion and ma- closing escrow an acknowledgment of receipt amendment is disposed of we should be chinery control systems, and totally en- of any proceeds described in clause (1) above able to go right to the final action on closed lifeboards, including associated davits and a release of the reverter right as to the the motion to recommit, or whatever? and winches.’’. affected land, effective upon such receipt. Mr. SPENCE. That is right. Page 326, line 3, insert 3, insert ‘‘(1)’’ before (b) SPECIAL CONVEYANCE REGARDING BUILD- Mr. VOLKMER. Mr. Chairman, I ‘‘Paragraph (3)’’. ING 138 PARCEL.—The Secretary of the Army thank the gentleman from South Caro- Page 326, line 20, insert the following: may convey the Building 138 parcel, which (2) Section 2534 of such title is amended by has been designated by the parties as Parcel lina very much. adding at the end the following new sub- A4 to the purchaser of the Sale Parcel. The I would like to inquire of the gen- section: per-acre price for the portion sold shall be at tleman, were there any other amend- ‘‘(h) IMPLEMENTATION OF MARINE VESSEL least equal to the per-acre contract price ments, especially from the Democratic COMPONENT LIMITATION.—In implementing paid by the purchaser for the portion of the side, that were not included in the en subsection (a)(3)(B), the Secretary of De- Sale Parcel purchased under the Agreement bloc that some Members over here fense— and Modification, dated September 25, 1990, would have liked to have included? ‘‘(1) may not use contract clauses or cer- as amended. Mr. SPENCE. No. The other amend- tifications; and SEC. 2835. TRANSFER OF JURISDICTION, FORT ments, some were offered and not de- ‘‘(2) shall use management and oversight BLISS, TEXAS. bated because the author did not techniques that achieve the objective of the (a) TRANSFER OF LAND FOR NATIONAL CEME- choose to pursue it. subsection without imposing a significant TERY.—The Secretary of the Army may Mr. VOLKMER. The gentleman says management burden on the Government or transfer, without reimbursement, to the ad- they did not want to pursue them, be- the contractor involved.’’. ministrative jurisdiction of the Secretary of Amendment No. 45, part 2, as modified, of- Veterans Affairs a parcel of real property cause I notice in this en bloc there are fered by Ms. Woolsey: At the end of subtitle (including any improvements thereon) con- about 13 Republican and about 7 Demo- C of title XXVIII (page 490, after line 2), in- sisting of approximately 22 acres and com- crat amendments, but I guess that is sert the following new sections: prising a portion of Fort Bliss, Texas. because Members pursued them. H 6012 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Mr. Chairman, I thank the gentleman evolved expendable launch vehicle pro- Mr. Chairman, Japan is taking us to very much. gram will provide a near-term, incre- court, to the World Trade Organiza- Mr. SPENCE. Mr. Chairman, I yield 3 mental improvement in space access, tion, which I think is unconstitutional minutes to the gentleman from Califor- foreseeable military and commercially in the first place. God forbid if some nia [Mr. ROHRABACHER]. competitive requirements for space bunch of individuals in the World Mr. ROHRABACHER. Mr. Chairman, launch can be best and most economi- Trade Organization rules against the I would like to engage the distin- cally satisfied by fully reusable launch United States of America. Beam me up. guished chairman of the Military Re- systems; and third, reusable rocket I mean that. search and Development Subcommittee technologies also show great promise So I appreciate the fact that the in a colloquy. for space sortie and other global reach Traficant amendment says look, if First of all, I would like to thank the aircraft missions which could be per- those foreign countries are denying gentleman from Pennsylvania, the formed by RLV-based transatmos- America access, we cannot waive the chairman of the full committee, the pheric vehicles. Buy American Act, and they better get gentleman from South Carolina [Mr. themselves in line. b SPENCE], and the former chair of the 1400 Mr. HUNTER. Mr. Chairman, will the subcommittee, the gentlewoman from Mr. WELDON of Pennsylvania. Mr. gentleman yield? Colorado [Mrs. SCHROEDER] for their Chairman, if the gentleman will yield Mr. TRAFICANT. I yield to the gen- support for continuing development of further, the gentleman from California tleman from California. reusable launch vehicles. This tech- is indeed correct. The committee is Mr. HUNTER. Mr. Chairman, I want nology development will be pursued in funding DOD’s cooperative involve- to thank the gentleman for his con- cooperation with and support of ment in the NASA-led X–33 reusable tribution and his many Buy American NASA’s Reusable Launch Vehicle Pro- launch vehicle program first and fore- provisions that have resulted in a lot of gram. As you know, this activity will most because of national security goals American jobs. The average worker in be managed by the same DOD team and requirements. The committee be- this country puts $1,000 a year from his which has so capably run the DC–X lieves that the Air Force’s Phillips paycheck into our defense bill. Because project, which had another very suc- Laboratory team brings unique exper- of that, American workers ought to be cessful flight on Monday. tise and talent to the challenge of reus- able to participate in the work. We Mr. WELDON of Pennsylvania. Mr. able launch vehicle research generally, thank the gentleman for his contribu- Chairman, will the gentleman yield? and to the NASA-led X–33 program spe- tion and for the provision he put in the Mr. ROHRABACHER. I yield to the cifically, a fact recognized by NASA in bill. Mr. TRAFICANT. I thank you, Chair- gentleman from Pennsylvania. naming the Phillips Laboratory team man HUNTER, and the distinguished Mr. WELDON of Pennsylvania. Mr. as the X–33 deputy for flight testing chairman and the ranking member, be- Chairman, I would just say that the in- and operations. The committee is not cause I did not have to offer too many novative approach being used in the attempting to use DOD funds to sub- Buy American amendments. You basi- DC–X project to demonstrate reusable sidize a NASA program, but rather to cally took care of that yourself. rocket technology overcame bureau- fund DOD personnel to strengthen and Mr. DELLUMS. Mr. Chairman, I cratic as well as technical challenges. improve a NASA-led national effort yield such time as he may consume to The success of the DC–X is one of the which is vital to DOD as well as com- the distinguished gentleman from reasons this committee believes that mercial launch interests. Pennsylvania [Mr. HOLDEN]. the Department of Defense should con- Mr. DELLUMS. Mr. Chairman, I (Mr. HOLDEN asked and was given tinue to play a strong role in reusable yield 3 minutes to the distinguished permission to revise and extend his re- launch vehicle research. gentleman from Ohio [Mr. TRAFICANT]. marks.) Mr. ROHRABACHER. Mr. Chairman, (Mr. TRAFICANT asked and was Mr. HOLDEN. Mr. Chairman, I would like to reclaiming my time, it is my under- given permission to revise and extend briefly discuss an issue which I believe is very standing that the committee is author- his remarks.) important, the cost-effectiveness of Defense izing $100 million in fiscal year 1996 for Mr. TRAFICANT. Mr. Chairman, I energy acquisition. Before doing so, may I say developing and testing reusable launch appreciate the committee accepting that I am sure that I speak for the vast major- vehicle technologies in support of the the Buy-American amendment that I ity of the Members of the House in congratu- NASA-led X–33 advanced concept tech- had offered on this bill. This is a dif- lating the Members of the National Security nology demonstration x-vehicle pro- ferent type of a Buy-American amend- Committee for their hard work on this impor- gram. ment. Just for the Members to under- tant legislation. It is not an easy task, and my Mr. WELDON of Pennsylvania. That stand this, the defense budget of the thanks go to all concerned. is correct. This is pursuant to three ad- United States of America is larger than Mr. Chairman, I have just completed a thor- ministration policy plans: First, the every country’s budget except five ough on-site inspection of the Department of President’s space launch policy, which total budgets in the world. the Air Force's ongoing policy for the acquisi- calls for the Department of Defense to There are countries that will not tion of required modern heating services for cooperate with NASA in its Reusable allow our companies to bid on their the U.S. facilities in the Kaiserslautern Military Launch Vehicle Program; second, government contracts. We for years Community of Germany. Pursuant to previous DOD’s implementation plan for the have turned the other cheek and al- authorization law, 10 U.S.C. 2690, and subse- President’s policy, which calls for de- lowed them to come in here, and they quent appropriations measures, the Depart- veloping ‘‘space launch technologies do not reciprocate and give us the same ment has only recently completed the first of which support * * * DOD-unique inter- opportunity. This amendment says if three essential heating modernization agree- ests in reusable launch vehicles;’’ and the Secretary of Defense, after consult- ments in this military region, this one being for third, General Moorman’s space launch ing with the trade rep, determines that American facilities in the city of Kaiserslautern. modernization plan, which calls for at a nation, foreign nation, is not allow- I would like to make all of my colleagues least $120 million per year for a core ing American companies to bid on their and particularly the members of the National space launch technology effort. products and goods, they are in turn Security Committee, aware of this situation. I Mr. ROHRABACHER. Reclaiming my subject to the Buy American Act and would like to add that the agreement between time, it is also my understanding, Mr. there cannot be a waiver of the Buy the city Kaiserslautern and the Air Force, for Chairman, that the committee’s sup- American Act once they make that the acquisition of furnished heating services, port for a cooperative DOD reusable violation. meets the cost-effective criteria of the legisla- launch technology effort is based on a Right now our Nation is at a battle tion, and likewise provides for the use of clear set of policy goals, namely that: stage with Japan. We have had Japan American coal as the base-load energy in the First, military space assets are in- promising us from the Presidency of municipal heating system which will provide creasingly vital to the warfighter, and now up through Presi- furnished heat to the U.S. facilities in therefore inexpensive, reliable, and fre- dent Clinton that they are going to Kaiserslautern West. quent access to space is vital to na- open their markets. ‘‘Give us another Acting under what it says are the guidelines tional security; second, while an year.’’ of both the authorization and appropriations June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6013 legislation, Air Force-Europe is undertaking sea-skimming missiles, Congress has Chairman, I want to take this time to the various steps of procurement that will re- appropriated $30.3 million over the past thank the chairman for running this sult in counter-cost-productive energy acquisi- 3 fiscal years to develop an upgrade to authorization in such an effective way, tion policy. I refer to the two other major instal- the primary radar used by aircraft car- and I want to thank the ranking mem- lations in the same military community, the riers and big deck amphibious ships. ber for his excellent leadership. I think U.S. facilities in nearby Landstuhl, and Unfortunately, due to lengthy delays we have had some great debate, and Ramstein Air Base as well. The Air Force in releasing these funds, the radar up- some very close votes, I might add, agreement for the city of Kaiserslautern stipu- grade modification program was not votes that went the wrong way in some lates the cost-effective use of American coal, initiated until February of this year— cases from this Member’s perspective but proposed agreements for these other two and then only $6 million was put under and others the right way. But also I installations include the use of costly foreign contract. Moreover, the Vice Chief of think we have had an excellent debate. natural gas as the base load energy. This de- Naval Operations recently informed Mr. Chairman, I have two gentlemen velopment was made known to me, in spite of the Congress that only $3 million in ad- who wanted to engage in a colloquy recent German energy statistics which clearly ditional funds have been allocated by with me about an issue that was very indicate over a 6-year period, natural gas and the Navy for this program through the important to them. One was the gen- oil used in German central heating systems remainder of this fiscal year. tleman from Maryland [Mr. EHRLICH], has increased in price at least twice as much Despite the danger posed by these and the gentleman from Maryland [Mr. as coal. cruise missiles, the Navy did not fund GILCHREST]. What they were concerned Mr. Chairman, it seems there are at least continuation of this upgrade in its fis- about is this year’s Defense Authoriza- two very serious drawbacks on this policy. cal year 1995 budget. Recent commu- tion Act which contains a provision First, more efficient cost considerations are nications with senior Navy officials which expresses the concern of Con- being laid aside by the Air Force; second, the have raised doubts as to whether Navy gress that growth in the estimated cost interests of the U.S. energy industry are being will request funds for this program in of demilitarizing the U.S. stockpile of once again put aside in favor of a policy that fiscal year 1997. chemical agents is growing quite rap- directs the benefit of U.S. Defense dollars to Mr. Chairman, I understand that idly. That is correct. The cost of de- foreign economics. I feel this is a very serious seeking additional funds in fiscal year militarizing the existing stockpile of matter. 1996 for production of the upgrade lethal agents, and incidentally a lot of I regret that the complete picture of the cost modification kit—given the fact that Members are concerned about the fact deficiencies of this energy acquisition matter the Navy has only recently begun to that we are spending about 72 percent was not available prior to the House commit- develop it—may be premature. How- less in terms of modernizing our Navy tee adopting the fiscal year 1996 authorization ever, I believe this program is one that and our Army and our Marine Corps act. In view of the most disturbing economic deserves our consideration. I would ask with sufficient ships and planes and trends of this Air Force policy, I believe that the chairman’s assurance that he will other systems. One reason is we have a these concerns should be expressed to the look into the Navy’s plans for this lot of spending that is going to tradi- Committee on National Security and in turn to radar upgrade development and lend tionally small areas, like the environ- the Secretary of the Air Force, and that fur- his support to its production and im- ment, that are growing rapidly, and ther, pending the outcome of an independent plementation as soon as is possible. one other reason is we are spending evaluation of cost effectiveness on the issues, Mr. HUNTER. Mr. Chairman, I thank money on areas such as this demili- that the Department should place all procure- the gentleman for his concern. Let me tarization of chemical agents. That is a ment in abeyance until this has been fully con- say to my good friend from California fact. It is taking quite a bit of money. sidered by the Committee. that I share his concern about the sea- The cost of demilitarizing this exist- I believe that the Department of the Air skimming cruise missile threat, and ing stockpile that we are now cutting Force should suspend such procurement ac- that he absolutely has my assurance down has grown to about $11.8 billion, tivity for the time being, while the cost effec- that I will thoroughly review this in comparison to an early estimate we tiveness considerations are being evaluated. radar upgrade development, together made of about $1.7 billion. The act ex- Mr. SPENCE. Mr. Chairman, for the with other integrated ship defense pro- presses the sense of Congress that the purpose of engaging in a colloquy, I grams, and support its production if Secretary of Defense should consider yield 3 minutes to the gentleman from warranted. I thank the gentleman for measures to reduce the overall cost of California [Mr. HUNTER]. his contribution. this demilitarization of our chemical Mr. HUNTER. Mr. Chairman, I thank Mr. DELLUMS. Mr. Chairman, I weapons. the gentleman for yielding. I wish to yield myself such time as I may Mr. Chairman, I just wanted to as- engage now in a colloquy with my good consume. Let me just say that there is sure my colleagues, Mr. GILCHREST and friend, the gentleman from California an en bloc amendment before the body Mr. EHRLICH, and all other Members [Mr. MCKEON]. at this time. It encompasses several who are concerned about this demili- Mr. MCKEON. Mr. Chairman, will the amendments. As has been the tradition tarization of chemical weapons, that gentleman yield? over the years, these en bloc amend- we will be having hearings in the Sub- Mr. HUNTER. I yield to the gen- ments have been a bipartisan effort to committee on Military Procurement tleman from California. work out arrangements with various on this issue. We will explore all the is- Mr. MCKEON. Mr. Chairman, I thank Members. This has indeed been done on sues thoroughly, especially this cost the gentleman from California [Mr. a bipartisan basis. Our respective staffs issue, and we look forward to having HUNTER] for his courtesy. have worked together carefully and them come and testify, as we do all Mr. Chairman, along with several diligently to work it out. I would urge Members, on this very important issue. other Members of this body, I am con- my colleagues on this side of the aisle Mr. DELLUMS. Mr. Chairman, I cerned that small, sea-skimming, anti- to support the en bloc amendments. yield myself such time as I may ship cruise missiles are today in the Mr. Chairman, I reserve the balance consume. hands of more than 100 countries. of my time. Mr. Chairman, we are coming to the Thousands of lives and an enormous in- Mr. SPENCE. Mr. Chairman, I yield 2 last portion of this bill. We will be vestment in capital ships, equipment, minutes to the gentleman from Califor- probably maybe voting on a motion to and supplies are potentially at risk be- nia [Mr. HUNTER]. recommit, final passage, maybe one ad- cause of the proliferation of, and the Mr. DELLUMS. Mr. Chairman, I ditional vote. threat posed by, these missiles. yield 1 minute to the gentleman from But let me take this opportunity to While the Navy has improved its California [Mr. HUNTER]. say to my distinguished colleague from radar capabilities to detect small tar- The CHAIRMAN. The gentleman South Carolina [Mr. SPENCE] who is the gets in open ocean sea clutter, clutter from California [Mr. HUNTER] is recog- chairman of the committee governing levels over typical littoral waters, rel- nized for 3 minutes. the legislation this afternoon, that ative to the open ocean, are far more Mr. HUNTER. Mr. Chairman, I thank while there have been times when this severe. Consequently, in order to ad- the chairman and ranking member of gentleman has questioned the process dress the problem posed by these small, the full committee for yielding. Mr. that brings us to the floor, and where H 6014 CONGRESSIONAL RECORD — HOUSE June 15, 1995 clearly because we have different poli- In fact, I hear estimates that as many as 1 amendment because of the inclusion of a very tics we differ on the substance, I am re- million Federal employees are now doing com- troubling amendment by Representative HOKE. minded of the fact that 2 years ago I mercial activities that could and should be This provision directs the Secretary of De- sat politically, spiritually, and intel- done by private businesses. fense not to implement any reduction in strate- lectually where the gentleman stood, Recently, a report released by the Commis- gic nuclear forces called for in the START II and that is coming to the closing mo- sion on the Roles and Missions of the Armed Treaty unless and until the treaty enters into ments on the floor of Congress for the Forces, known as the White Commission, stat- force. first time bringing a monumental piece ed that in the Department of Defense ``at least Mr. Chairman, the cold war is over and ev- of legislation before this body. So I un- 250,000 civilian employees are performing eryone else has figured it out. An April nation- derstand that. commercial-type activities that do not need to wide poll shows that 82.3 percent of Ameri- I compliment the gentleman for his be performed by governmental personnel.'' cans believe that the United States and Rus- significant effort. This is an extraor- The Commission went on to say that they sia should agree to negotiate deep reductions dinary undertaking. I compliment all ``recommend that the Government in general, in their nuclear weapons arsenals. This of our colleagues who have functioned and the Department of Defense in particular, amendment flies in the face of the desire for through this process, the give and return to the basic principle that the Govern- those reductions. The current practice is that take, the stress and the strain that has ment should not compete with its citizens.'' as long as the Russians are dismantling their brought us to this floor. That principle is what we are trying to put weapons, we continue to do so as well. I see Finally, I would like to compliment into law with this amendment. no reason to stop that practice. all of the staff people, the staff people This amendment is the right thing to do. Following last fall's conclusion of the Nu- on both sides of the aisle, Republican More than $3 billion per year could be saved clear Posture Review, Secretary of Defense and Democrat and bipartisan, because without cutting services or hurting national de- Perry advocated a policy he called leading there are very few people except us who fense. and hedging, explaining by saying, ``By lead- know what goes into bringing this bill It is needed because the experience of the ing I mean providing the leadership for further to the floor of Congress. past 40 years has shown that without specific and continuing reductions in nuclear weapons, b 1415 instructions from Congress, agencies will not so that we can get the benefit of the savings Having reduced the staff by one- take this action on their own. that would be achieved by that. At the same third, those remaining staff people, and The amendment requires the Secretary to time, we also want to hedge, hedge against I see some of them smiling, have had to review commercial activities now being per- the reversal of reform in Russia . . . We do work literally around the clock. We formed by DOD and make a report to Con- not believe that reversal is likely, and we are often talk about nameless, faceless bu- gress by April 15 of next year. working with Russia to minimize the risk of it reaucrats. These are diligent, com- The report will include a schedule for mov- occurring.'' petent, brilliant young people who ing commercial activities to the private sector, If we were to actually honor the provisions spend numerous hours dealing with leg- or give reasons why certain activities should of Representative HOKE's sense-of-Congress islation that speaks hopefully to the not be performed outside the Department of amendment and keep all our unclear weap- best interests of this country. Frankly Defense. ons, it could require the additional expenditure I do not think they make enough When we look for ways to cut the size of of hundreds of millions of dollars a year. money, given the kind of job that they Government, we should look first at those ac- These funds would be required for such activi- have to do here. So in the full light of tivities which can be done by the private sec- ties as maintaining more B±52 bombers and day, Mr. Chairman, I would like to tor. the possible purchase of additional D±5 mis- compliment all of the staff for an in- It is particularly appropriate that we adopt siles for Trident submarines. credible job that they do. this amendment this week, since some 2,000 Mr. Chairman, in this post-cold-war era, we Any Member of Congress who thinks small business owners are meeting here in have more important things to do than con- they can function without competent Washington for the White House Conference tinue to maintain ridiculously high levels of nu- staff is a person that has taken a flight on Small Business. When this meeting of clear weapons. I hope that the other body off into fantasy. You are only as good America's small business men and women does not adopt this provision. as the people around you, and we are last met in 1986, one of their top issues was Mr. EVERETT. Mr. Chairman, I rise in sup- blessed with very bright and very com- the importance of contracting out. Now, almost port of this en bloc amendment package, petent people. I hope that we continue a decade later, contracting out is still one of which includes my amendment that would pro- to praise them for the diligent work their top priorities. hibit the Army from consolidating the Aviation that they have done. There is no reason why the Federal Govern- Technical Test Center [ATTC] to any other fa- Mr. DUNCAN. Mr. Chairman, I want to ment should operate golf courses and rec- cility until the Institute for Defense Analyses thank Chairman SPENCE of the full committee, reational facilities when those services can be has completed an independent review of an and all the managers of the bill on both sides done by private business. There is no reason Army proposal to transfer the ATTC from Fort. for their efforts. for Federal employees to design roads and Rucker and Edwards AFB to Yuma Proving My amendment is simply a common sense, buildings when there are architecture-engineer Ground. pro small business amendment. It enacts in firms that can do this work. I want to make it perfectly clear that this is the Department of Defense a bill In introduced There is no reason for agencies to operate not a base closure issue. This proposal has earlier this year, H.R. 28, the Freedom from motor pools when maintenance of cars can be been brewing within the Army's Test & Eval- Government Competition Act. done by private contractors. uation Command for more than 2 years, and The Government should be helping small There is no reason for taxpayers to pay the in my opinion, is based on a flawed and in- businesses survive and growÐnot trying to salaries of Federal employees to operate cafe- complete analysis with a predetermined out- put them out of business by competing against terias, perform janitorial services, paint, print, come. them. do electrical work, operate testing labs, and Last year, the House-passed defense au- My amendment simply says that the Depart- engage in scores of other activities that can thorization bill contained report language re- ment of Defense should not provide any be done by the small businesses. quiring the Army to submit a report to Con- produce or service that can be obtained by the This amendment will begin to eliminate gov- gress which substantiates their interest in private sector. ernment competition with private businesses moving the ATTC to Yuma. To date, we have This carries out a policy that, since the Ei- and create a government that works better not received such a report. senhower administration in 1955, has said and costs less. It is time to give back DOD's Mr. Chairman, I would not be here question- ``the Federal Government will not start or carry commercial activities to the private sector. It is ing the Army's motives unless I thought this on any commercial activity to provide a serv- the right thing to do. It is what America's small proposal was ill conceived. The idea of ice or product for its own use if such product businesses need to survive. It is what we are recreating the aviation testing operation at or service can be procured from private enter- doing with this common sense amendment considerable expense, and moving it from one prise through ordinary business channels.'' today. location to another just doesn't pass the com- Every administration, Republican and Dem- I urge a ``yes'' vote from my colleagues on monsense test. This amendment gives both ocrat, for the past 40 years, has endorsed this this en bloc amendment. the Army and the Congress the opportunity to policy, but unfortunately, they have never im- Ms. FURSE. Mr. Chairman, on of the major review this proposal from an independent plemented it. reasons I am voting against this en bloc source. This is a prudent course of action for June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6015 the House to make, and I urge my colleagues competitive price. My attempts to get a ment clarifies this. I am pleased that the Na- to support the amendment. straight answer from the DOD, as to why its tional Security Committee has acknowledged CONSOLIDATION OF THE ARMY'S AVIATION TECHNICAL own depots and Canadian firms get this busi- the USTF's and intends to make them a per- TEST CENTER ness have been frustrating. I am concerned manent program by including them in the The Army's Test & Evaluation Command that such policies perpetuate the decline in our TRICARE system. I know my constituents who has submitted a proposal to the Secretary of own military infrastructure and results in the utilize Brighton, ME, which is a USTF in the the Army to consolidate the Aviation Technical loss of jobs in CaliforniaÐwhich needs such Boston area that I represent, would be quite Test Center, currently located at Fort Rucker, work at this time of continued recession. How upset if they thought the DOD could close AL and Edwards AFB, CA, at Yuma Proving can we continue to keep a dependable pri- their medical center. My amendment gives Ground [YPG], AZ. In order to accommodate vate-sector military-industrial base if it is not Brighton, ME and the other USTF's around the this consolidation at YPG, substantial infra- given a chance to compete for such con- country that assurance. Mr. Chairman, don't structureÐ$10 millionÐand logistics invest- tracts? we owe at least that much to the fine Amer- ments will be necessary. In the best of cir- Unfortunately, Loud Engineering is not the ican men and women and their families who cumstances, the funding for these infrastruc- only business being cast aside by the DOD. have served this country so well? I think so, ture investments are not planned by the Army The repair and maintenance work for F404 en- and I urge my colleagues to support my until fiscal year 1998, which is well after the gines, currently being done by General Elec- amendment. planned October 1996 stand-up date at Yuma. tric Services in Ontario, and the transfer of the Mr. DELLUMS. Mr. Chairman, I The Army has failed to adequately address MC±130E Combat Talon I program workload, yield back the balance of my time. the following concerns: currently being done by Lockheed-Martin, are The CHAIRMAN. The question is on Enhanced synergy of Army aviation at Fort two other examples of DOD's efforts to ham- the amendments en bloc offered by the Rucker. per private sector involvement in defense con- gentleman from South Carolina [Mr. The vast pool of pilots and aircraft from the tracts. The Department of Defense has pro- SPENCE]. training center allows ATTC to meet any test- posed to transfer these functions to the Naval The question was taken; and the ing demand without additional cost. aviation depot in Jacksonville, FL and to the Chairman announced that the ayes ap- Large maintenance, logistics, and supply fa- depot at Warner Robins Air Logistics Center peared to have it. cility at Fort Rucker enables ATTC to keep air- [WR±ALC], respectively. I believe these efforts RECORDED VOTE craft flying consistently and inexpensivelyÐ are unnecessary because these contractors Mr. HUNTER. Mr. Chairman, I de- this would need to be refabricated at Yuma. have repeatedly received high praise by the mand a recorded vote. The parts inventory alone could cost as much DOD itself, which raises legitimate questions A recorded vote was ordered. as $1.6 million. as to why such functions are being transferred The vote was taken by electronic de- The $10 million needed for hangar and expect to justify the continued operations of vice, and there were—ayes 411, noes 14, maintenance facilities at Yuma will not be re- these depots. not voting 9, as follows: quested until fiscal year 1998, the work- While I am concerned about these specific [Roll No. 383] arounds to leave these aircraft in the open, cases, I believe the Duncan amendment will exposed to the harsh desert climate, seem go a long way toward ensuring that DOD AYES—411 short-sighted and ill advised. works, in accordance with congressional in- Abercrombie Chambliss Evans Ackerman Chenoweth Everett Of the 97 tests conducted by ATTC, only 2 tent, toward providing our own defense indus- Allard Christensen Ewing required the Yuma range, 1993; last two ar- try suppliers with a fair and open chance at Andrews Chrysler Farr mament tests were conducted at China Lake obtaining valuable contracts that promote job Archer Clay Fattah and Eglin. Armey Clayton Fawell growth and our national security interests. It is Bachus Clement Fazio Armament and aviation testing trends are with that in mind that I support the Duncan Baesler Clinger Fields (LA) moving toward computer-simulated tests, rath- amendment and I call on all of my colleagues Baker (CA) Clyburn Fields (TX) er than live-fire tests. to vote in support of American businesses by Baker (LA) Coble Flanagan Mr. KIM. Mr. Chairman, I rise today in Baldacci Coburn Foglietta passing this important amendment to H.R. Ballenger Coleman Foley strong support of the Duncan amendment to 1530. Barcia Collins (GA) Forbes H.R. 1530 which will require the Secretary of Mr. MOAKLEY. Mr. Chairman, I rise today Barr Collins (IL) Ford Defense to make more extensive use of the to urge my colleagues on both sides of the Barrett (NE) Collins (MI) Fowler Barrett (WI) Combest Fox private sector to obtain necessary products aisle to support an amendment I am offering Bartlett Condit Franks (CT) and services. I believe it is time this Govern- to the Defense authorization bill. I would first Barton Cooley Franks (NJ) ment take a good look at how the private sec- like to take a moment to thank both the Mem- Bass Costello Frelinghuysen tor can help save taxpayer dollars by allowing Bateman Cox Frisa bers and the staff of the Subcommittee on Bentsen Coyne Frost for a more open and fair competitive buying Military Personnel for working with me and Bereuter Cramer Funderburk process. We can no longer afford to pay $500 coming up with language that was acceptable Berman Crane Gallegly for a hammer which could have been pur- to all sides. My amendment is a sense of Con- Bevill Crapo Ganske Bilbray Cremeans Gejdenson chased in an open market for $5.99 at a local gress that recognizes how invaluable the Uni- Bilirakis Cubin Gekas hardware store. formed Service Treatment Facilities [USTF's] Bishop Cunningham Gephardt The Duncan amendment will go beyond ad- have been to the 120,000 military retirees who Bliley Danner Geren dressing this Government's buying practices Blute Davis Gibbons utilize the health care provided at these facili- Boehlert de la Garza Gilchrest however. It will also rectify an important con- ties. My amendment also states that although Boehner Deal Gillmor cern that I have with respect to the Depart- USTF's will now be subject to the Federal ac- Bonilla DeLauro Gilman ment of Defense's apparent efforts to transfer quisition regulation [FAR], USTF's should not Bonior DeLay Gonzalez Bono Dellums Goodlatte a significant amount of maintenance and re- be terminated for convenience by the DOD Borski Deutsch Goodling pair work away from capable and efficient pri- before their current participation agreements Boucher Diaz-Balart Gordon vate contractors to military depot installations. with the DOD expire. Brewster Dicks Goss Specifically, recent events have convinced me Since the creation of the USTF program, Browder Dingell Graham Brown (CA) Dixon Green that the Department of Defense is actively many of my colleagues from both parties have Brown (FL) Doggett Greenwood looking for ways to shore up its own depot fa- recognized the importance of this program to Brown (OH) Dooley Gunderson cilities, even though the functions they preform their constituents. USTF's are unique and Brownback Doolittle Gutierrez Bryant (TN) Dornan Gutknecht can be done as effectively, at lower cost, by have been able to implement innovative, cost- Bryant (TX) Doyle Hall (OH) private business. effective ways to provide health care to DOD Bunn Dreier Hall (TX) A stark example of this problem is the case beneficiaries. Bunning Duncan Hamilton of Loud Engineering and Manufacturing, Inc., Unfortunately, in the past there have been Burr Dunn Hancock Burton Durbin Hansen a small business in my district. This independ- those at the DOD who have not shared my Buyer Edwards Harman ent business could be a vibrant contributor to enthusiasm for USTF's. For whatever reason, Callahan Ehlers Hastert the C±130 maintenance and repair effort. Yet, there have been people at the DOD who have Calvert Ehrlich Hastings (FL) DOD consistently gives such work to its own tried to put insurmountable hurdles in front of Camp Emerson Hastings (WA) Canady Engel Hayes depots or to foreign contractors in Canada, the USTF's to try to make it impossible for the Castle English Hayworth even though Loud could do the work for a USTF's to continue to operate. My amend- Chabot Ensign Hefley H 6016 CONGRESSIONAL RECORD — HOUSE June 15, 1995

Hefner McIntosh Scarborough Mr. REED changed his vote from league from California, Mr. DELLUMS, for his Heineman McKinney Schaefer Herger Meehan Schiff ‘‘no’’ to ‘‘aye.’’ longstanding support and advocacy for our Hilleary Meek Schroeder So the amendments en bloc, as modi- military families. Hilliard Menendez Schumer fied, were agreed to. In particular, I also want to thank Chairman Hinchey Metcalf Scott The result of the vote was announced PENCE Hobson Meyers Seastrand S for his leadership for helping to en- Hoekstra Mfume Sensenbrenner as above recorded. sure that the necessary funding has been pro- Hoke Mica Serrano The CHAIRMAN. The Chair under- vided to continue a very important program Holden Miller (FL) Shadegg stands that the amendments numbered aimed at preventing child and spouse abuse Horn Mineta Shaw 1, 2, 4, 5, and 26 and printed in part 2 of Hostettler Minge Shays within the military. In fiscal year 1992, Con- Houghton Mink Shuster House Report 104–136 will not be of- gress appropriated funds to expand the New Hoyer Moakley Sisisky fered. Parent Support Program [NPSP], a pilot pro- Hunter Molinari Skaggs If there are no further amendments, gram aimed at preventing child and spouse Hutchinson Mollohan Skeen the question is on the committee Hyde Montgomery Skelton abuse at Camp Pendleton, CA. That program Inglis Moorhead Slaughter amendment in the nature of a sub- operated in direct collaboration with the Center Istook Moran Smith (MI) stitute, as modified, as amended. of Child Protection at Children's Hospital in Jackson-Lee Morella Smith (NJ) The committee amendment in the Jacobs Murtha Smith (TX) San Diego. Jefferson Myers Smith (WA) nature of a substitute, as modified, as Today, the NPSP has been operating at all Johnson (CT) Neal Solomon amended, was agreed to. 18 major Marine bases worldwide for 2 years, Johnson (SD) Nethercutt Souder Mr. SMITH of Michigan. Mr. Chairman, I rise reaching the families where child and spouse Johnson, E. B. Neumann Spence today to thank National Security Chairman Johnson, Sam Ney Spratt abuse are most likely to occur. The reports Johnston Norwood Stark SPENCE and Subcommittee Chairman BATE- from the Marine Corps, at all levels, indicate Jones Nussle Stearns MAN for their support of my amendment re- the program is operating successfully and that Kanjorski Oberstar Stenholm garding the Defense Reutilization and Market- the appropriate families are being reached. Kaptur Obey Stokes ing Service [DRMS] based at the Federal Cen- Kasich Olver Studds I am also happy to report that in 1994, the Kelly Ortiz Stump ter in Battle Creek, MI. Army began the NPSP in direct collaboration Kennedy (MA) Orton Stupak In the last several years, DRMS has vastly with the USMC and Children's Hospital in San Kennedy (RI) Owens Talent improved the efficiency of its operations, which Kennelly Oxley Tanner Diego. Currently, Army families at 14 installa- Kildee Packard Tate involve the reuse and sale of military surplus tions worldwide are participating in the NPSP Kim Pallone Tauzin goods. In the 1994 fiscal year, DRMS in- King Parker Taylor (MS) and 8 additional sites will be operating by the creased its revenues by 85 percent and its end of this year. Kingston Pastor Taylor (NC) profits by 11 percent, while cutting its costs by Klink Paxon Tejeda Advocacy programs of this nature play an 4 percent. These improvements have contin- Klug Payne (NJ) Thomas integral role in military readiness by ensuring Knollenberg Payne (VA) Thompson ued into the 1995 fiscal year. In fact, the the stability of military families during uncertain Kolbe Pelosi Thornberry Michigan Legislature recognized and com- LaFalce Peterson (FL) Thurman times and should receive priority consideration mended the achievements of DRMS in a reso- Lantos Peterson (MN) Tiahrt by the leadership of all branches of the serv- Largent Petri Torkildsen lution passed on May 31, 1995. ices and by the Congress. Latham Pickett Torres This week, a provision of H.R. 1530 pro- LaTourette Pombo Torricelli posed the total privatization of DRMS, ignoring Tragically, this pains and disasters of abuse Laughlin Pomeroy Towns the fact that some areas of privatization would reach families of all branches of the military. A Lazio Porter Traficant review of existing DOD programs shows that Leach Portman Tucker actually cost taxpayers money. My amend- Levin Poshard Upton ment proceeds with privatization in those most other programs focus on this problem Lewis (CA) Pryce Velazquez areas where savings are likely in DRMS. For- react to the incident after it occurs. The NPSP Lewis (GA) Quillen Vento is aimed at preventing the abuse and provid- Lewis (KY) Quinn Visclosky tunately, with the help of many fine people Lightfoot Radanovich Volkmer connected with DRMS at Battle Creek, MI, we ing family support for families at risk. In light Lincoln Rahall Vucanovich were able to document the selective privatiza- of the Marine Corps and Army programs' con- Linder Ramstad Waldholtz tion program and those areas run by DRMS tinued demonstrated value and success, I Lipinski Rangel Walker would like to continue to work with Chairman Livingston Reed Walsh employees that have, for the first time, started LoBiondo Regula Wamp making money. SPENCE and the distinguished gentleman from Lofgren Reynolds Ward I would like to take this opportunity to recog- California [Mr. DELLUMS] to ensure that the Longley Richardson Waters benefits of this model program reach the risk Lowey Riggs Watt (NC) nize and thank some of those who took lead- Lucas Rivers Watts (OK) ing roles in the effort to amend H.R. 1530. I families in all the branches of the armed serv- Luther Roberts Waxman would like to thank the leaders of DRMS and ices. Maloney Roemer Weldon (FL) Again, I want to recognize the outstanding Manton Rogers Weldon (PA) DLA, Navy Captain Hempson [DRMS] and Ad- Manzullo Rohrabacher Weller miral Straw [DLA]. I also want to express my leadership that Chairman SPENCE has pro- Markey Ros-Lehtinen White appreciation for the support of Dan McGinty, vided in fostering military family advocacy pro- Martinez Rose Whitfield DLA's congressional liaison. grams. Our service members and their fami- Martini Roth Wicker lies have two committed and effective cham- Mascara Roukema Williams I want to thank the employees of DRMS Matsui Roybal-Allard Wilson both for the excellent work they have done pions in both the chairman and ranking mem- McCarthy Royce Wise and their efforts working with me on this ber of the National Security Committee. McCollum Rush Wolf I look forward to working with the leadership McCrery Sabo Woolsey amendment. In particular, I would like to rec- McDade Salmon Wyden ognize the efforts of Gary Redditt and Angie of the committee to provide all military families McDermott Sanders Wynn Disher, the union representatives at DRMS. the tools they deserve to assist them in deal- McHale Sanford Young (FL) ing with stressful and uncertain times. McHugh Sawyer Zeliff Mr. Chairman, our goal is to increase the ef- McInnis Saxton Zimmer ficiency of all Department of Defense oper- Mr. REED. Mr. Chairman, it is with regret ations and privatize in those areas where tax- that I rise in opposition to the bill before us NOES—14 payer dollars can be saved. DRMS is meeting today. Becerra Eshoo Miller (CA) this goal. Similar efforts must be made across It is regrettable because this is the first time Beilenson Filner Myrick I plan to vote against passage of the defense Cardin Frank (MA) Nadler the whole Government. Once more, let me Conyers Furse Stockman say once more to DRMS and its employees, authorization bill, which establishes our mili- DeFazio LaHood job well done. tary policies and priorities. NOT VOTING—9 Mr. CUNNINGHAM. Mr. Chairman, I rise While I support the Congress' desire to bring attention to the importance of military Chapman Kleczka Thornton today to express my appreciation to the distin- Dickey McKeon Yates guished chairman of the committee, Mr. readiness as well as many of their initiatives, Flake McNulty Young (AK) SPENCE, for his understanding of the tremen- I must oppose this supposed prodefense bill dous pressures which are placed on military because it fails to clearly support the Navy's b 1436 families today and the need for programs to top priorityÐthe third Seawolf submarine. Mr. FILNER and Mr. BEILENSON assist families in coping with these pressures. This bill adds billions for items not re- changed their vote from ‘‘aye’’ to ‘‘no’’. I also want to thank and commend my col- quested by the Department of Defense, but June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6017 fails to clearly support the third Seawolf as re- mitments to arms control and nonproliferation The National Guard Civil-Military Coopera- quested by the Navy and outlined in the Joint of weapons of mass destruction. Even more tive Action Program, which was repealed in Chiefs of Staff force requirements. distressing is the tremendous increase in the this bill, deserves a reexamination in con- This bill provides some resources aimed at defense budget for excess weapons inventory. ference. This program enables the National preserving our submarine industrial base, and The authorization today includes over $1.2 bil- Guard and Reserve to exercise their training Chairmen SPENCE and HUNTER have at- lion in adds for the down payment on two in realistic settings while providing valuable tempted to craft a plan that seeks to maintain more B±2 bombers and increases in the ballis- assistance to communities across the Nation. two nuclear submarine capable shipyards. tic missile defense accounts. It commits us to It provides training which may not otherwise However, in authorizing a level of funding initial expenditures on weapons systems which be available or affordable. This is a dual-bene- that is close to the Navy's request for the third we will never be able to procure in the out- fit program which increases readiness and Seawolf, this bill would not direct completion years. Today's excessive expenditures in helps our local communities, rather than for- of a new submarine. Instead, the bill would go these areas will only make it harder to allocate eign communities, receive assistance in health back and retrofit the second Seawolf with a funds for the weapon systems and equipment care or infrastructure development. This pro- design that is not even yet designed. which our troops need to fight and win at the gram provides funding for the military person- In addition, the proposed next class of at- front lines in future conflicts. nel, and the missions performed generally tack submarines, now known as the new at- Having said that, the bill makes significant have low or no incremental costs for oper- tack submarine, in the bill would be a tech- strides in its effort to alleviate the severe mili- ations. Congress must act to restore this pro- nology demonstrator or R&D submarine, rath- tary family housing problem. Currently, two- gram for the benefit of the Guard, the Re- er than a militarily capable submarine that thirds of the families living on base are housed serve, and our communities. meets the Navy's needs. in unsuitable quarters. This bill allows for a 5- There is a need for further improvements to Moreover, the Navy's new attack sub design year pilot program which will allow for creative this bill. I look forward to working with my col- and mission underwent an intensive Congres- solutions to replace a huge inventory of mili- leagues through the conference process to en- sional review last year. It was also subjected tary family housing which has been neglected sure that the final product meets the needs of to evaluation by an independent group as well for decades. I am especially pleased with the this Nation for a strong national defense which as standard Navy and DOD review. But, again private-sector financing alternative. In the past, includes trained and ready Armed Forces, the committee bill with good intentions has Hawaii has been very successful in its imple- economic security, proper education for all our dramatically altered the Navy's well-thought- mentation of this type of arrangement to pro- citizens, and a sound foreign policy that pro- out plan. vide for housing. The housing crisis in Hawaii There is a better submarine plan that unlike motes democracy and human rights. is one that affects the civilian populace as well The CHAIRMAN. Under the rule, the many in Washington is uncomplicated and as military families. Suitable and affordable Committee rises. cost-effectiveÐcomplete the third Seawolf and properties for rent or purchase are few and far Accordingly, the Committee rose; capitalize on the almost $1 billion already in- and the Speaker pro tempore. (Mr. vested in the third Seawolf. between. This new housing initiative will be a HAYWORTH) having assumed the chair, This option preserves the submarine indus- great step toward reducing the tremendous Mr. EMERSON, Chairman of the Com- trial base. This option uses designs that are strain on the lives of military and civilians in mittee of the Whole House on the State completed. This is the option endorsed by the my State and many others with regard to af- of the Union, reported that that Com- Navy, the Defense Department, the Joint fordable housing. mittee, having had under consideration Chiefs force requirements, the Bottom-Up Re- The committee has also been very support- the bill, (H.R. 1530) providing for con- view, an independent review commission, the ive of the serious concerns of the Merchant sideration of the bill (H.R. 1530) to au- Rand Corp., President Clinton, Speaker GING- Marine Panel with regard to our diminishing thorize appropriations for fiscal year RICH, and Majority Leader DOLE. fleet of American-built, American-crewed mer- There are also a number of items in this bill chant ships. The provisions in this bill estab- 1996 for military activities of the De- that concern me that are not related to sub- lish a foundation for revitalization of the Amer- partment of Defense, to prescribe mili- marines. These include the bill's excessive ican merchant fleet. This is a first step, but we tary personnel strengths for fiscal year emphasis on a national missile defense or star must do more. 1996, and for other purposes, pursuant wars system; the gutting of the bipartisan I implore all Members of the House to stand to House Resolution 164, he reported Nunn-Lugar plan which reduces the nuclear together on this solidly bipartisan issue and the bill back to the House with an threat by dismantling the weapons of our help us to rebuild the American merchant fleet amendment adopted by the Committee former Soviet enemies; the prohibition on which is so vital to the national defense and of the Whole. choice for female soldiers, and the majority's economic security of our Nation. We must The SPEAKER pro tempore. Under decision to abrogate the ABM Treaty. bring this issue to the forefront and demand a the rule, the previous question is or- In addition, there are some items in this bill policy which will encourage the revitalization dered. that are worthy of support, such as Navy un- and growth of this industry before we lose it Is a separate vote demanded on any dersea warfare research and procurement. But completely to foreign competition. We cannot amendment to the committee amend- in the final analysis. the failure to endorse the and must not become dependent on foreign ment in the nature of substitute, as Navy's attack submarine plan compels me to carriers and crews for the strategic sealift modified, as amended, adopted by the oppose the bill. needs of our Nation. Committee of the Whole? Mr. Chairman, I urge the leadership of the On the issue of impact aid, I applaud the If not, the question is on the amend- House National Security Committee to recon- committee for taking the initiative to provide ment. sider its stance on the Navy's plan for the third for costs of educating the children of military The amendment was agreed to. The SPEAKER pro tempore. The Seawolf when House and Senate negotiators families in local school districts across the Na- question is on the engrossment and meet in the coming months. Until this bill re- tion. The areas of the Nation which are heavily impacted by the presence of Federal facilities third reading of the bill. flects the Navy's plan or endorse a more rea- The bill was ordered to be engrossed sonable submarine procurement plan that pro- would bear a tremendous burden if this pro- gram had not been funded. This program, and read a third time, and was read the vides for continued construction at all compo- third time. nents of the industrial base, I will be hard while not enjoying as high a profile as the MOTION TO RECOMMIT OFFERED BY MR. pressed to support it. many debates on procurement issues, is of extreme importance to our all volunteer mili- DELLUMS Mr. ABERCROMBIE. Mr. Chairman, I will Mr. DELLUMS. Mr. Speaker, I offer a tary force. Today's service members have put vote today for final passage of H.R. 1530, the motion to recommit. National Defense Authorization Act for fiscal education for their children high on their list of The SPEAKER pro tempore. Is the year 1996 with serious reservations. I strongly concerns. Our troops must know that we are gentleman opposed to the bill? support the efforts of the committee in the as concerned about the education of their chil- Mr. DELLUMS. I am, Mr. Speaker. areas of quality of life improvements for our dren as we are of the funding of ballistic mis- The SPEAKER pro tempore. The service members and the provisions which sile defenses. There is a direct correlation to Clerk will report the motion to recom- were passed to rebuild the foundation for a the well-being of military families and troop mit. vital merchant marine which is essential to our readiness. Everything possible must be done The Clerk read as follows: Nation's status as a world power. to ensure that these concerns are not pushed Mr. DELLUMS moves to recommit the bill However, I am deeply troubled with the di- aside in the welter of media-hyped and politi- H.R. 1530 to the Committee on National Se- rection of the bill's retreat from previous com- cally charged issues. curity with instructions to report the same H 6018 CONGRESSIONAL RECORD — HOUSE June 15, 1995

back tot he House forthwith with the follow- (d) HEAVILY IMPACTED ASSISTANCE.—(1) the per-pupil expenditure data for the second ing amendments: Each local educational agency described in preceding fiscal year. Page 38, line 18, insert ‘‘(a) IN GEN- subsection (a) shall also be eligible for heav- (6) For purposes of this subsection, the ERAL.—’’ before ‘‘Of the amounts’’. ily impacted assistance if— term ‘‘average per-pupil expenditure’’ means Page 38, after line 22, insert the following: (A) the local educational agency— the aggregate current expenditures of all (b) NMD REDUCTION.—The amounts pro- (i) had an enrollment of students described local educational agencies in the State, di- vided in subsection (a) and in section 201(4) in subparagraphs (B) and (D) of section vided by the total number of children in av- are each hereby reduced by $100,000,000, to be 8003(a)(1) of the Elementary and Secondary erage daily attendance for whom such agen- derived from amounts for the National Mis- Education Act of 1965 (20 U.S.C. 7703(a)(1)) cies provided free public education. sile Defense program. during the previous fiscal year, the number (e) PROHIBITION ON MULTIPLE PAYMENTS.— At the end of title III (page 153, after line of which constituted at least 40 percent of (1) Amounts received by a local educational 25), insert the following new section: the total student enrollment of such agency; agency under subsection (d) in a fiscal year, SEC. 396. DEPARTMENT OF DEFENSE DEPEND- and when added to amounts actually received ENT EDUCATION ASSISTANCE (IM- (ii) has a tax rate for general fund purposes under section 8003(f) of the Elementary and PACT AID) FOR SCHOOL-AGED DE- which is at least 95 percent of the average Secondary Education Act of 1965 (20 U.S.C. PENDENTS OF CERTAIN MILITARY tax rate for general fund purposes of com- 7703(f)) for that year, may not exceed the PERSONNEL. amount the agency would have received (a) PROVISION OF DEPENDENT EDUCATION parable educational agencies in the State; or (B) the local educational agency— under such section had assistance under such ASSISTANCE (IMPACT AID).—(1) In the case of (i) had an enrollment of students described section been fully funded. students described in section 8003(a)(1)(D) of in subparagraphs (B) and (D) of section (2) Amounts received by a local edu- the Elementary and Secondary Education 8003(a)(1) of the Elementary and Secondary cational agency under subsection (c) in a fis- Act of 1965 (20 U.S.C. 7703(a)(1)(D)), the Sec- Education Act of 1965 (20 U.S.C. 7703(a)(1)) cal year, when added to amounts actually re- retary of Defense shall provide funds to local during the previous fiscal year, the number ceived under section 8003(d) of the Elemen- educational agencies that received payments of which constituted at least 35 percent of tary and Secondary Education Act of 1965 (20 for these students from the Department of the total student enrollment of such agency; U.S.C. 7703(d)) for that year, may not exceed Education in fiscal year 1994 or 1995 under and the amount the agency would have received the Act of September 30, 1950 (Public Law (ii) has a tax rate for general fund purposes under such section had assistance under such 874, 81st Congress) or title VIII of the Ele- which is at least 125 percent of the average section been fully funded. mentary and Secondary Education Act of tax rate for general fund purposes of com- (3) Amounts received by a local edu- 1965 (20 U.S.C. 7701 et seq.). cational agency under subsection (b) in a fis- (2) Subject to the availability of appropria- parable educational agencies in the State. (2)(A) For each local educational agency cal year, when added to amounts actually re- tions for this purpose, funds shall be paid described in paragraph (1), payments for each ceived under section 8003(b) of the Elemen- under this section in fiscal year 1996. How- year shall be computed by first determining tary and Secondary Education Act of 1965 (20 ever, the Secretary of Defense may use the the greater of— U.S.C. 7703(b)) for that year, may not exceed authority provided by this section only in (i) the average per-pupil expenditure of the the amount the agency would have received the event that payments under section 8003 State in which the agency is located; or under such section had assistance under such of the Elementary and Secondary Education (ii) the average per-pupil expenditure of all section been fully funded. Act of 1965 (20 U.S.C. 7703) for a fiscal year on the States. (f) PRORATION OF AMOUNTS.—If necessary behalf of students described in subsection (B) The Secretary shall next subtract from due to insufficient funds to carry out this (a)(1)(D) of such section are not made in a the amount determined under subparagraph section, the Secretary shall ratably reduce total amount equal to at least the level of (A) the average amount of State aid per payments under subsections (b), (c), and (d). (g) COOPERATION.—The Secretary of Edu- funding for fiscal year 1995 under such sec- pupil received for that year by each local cation shall assist the Secretary of Defense tion for such students. educational agency described in paragraph (b) COMPUTATION OF BASIC PAYMENT.—Each in gathering such information from the local (1). local educational agency described in sub- (C) For each local educational agency de- education agencies and State educational section (a) shall be eligible for basic pay- scribed in paragraph (1), the Secretary shall agencies as may be needed in order to carry ments, which shall be computed for each multiply the amount determined under sub- out this section. year by multiplying— (h) FUNDS FOR FISCAL YEAR 1996.—The paragraph (B) by the total number of stu- (1) the amount determined by dividing— amount provided in section 301(5) for oper- dents described in subparagraphs (B) and (D) (A) the amount of funds received by the ation and maintenance for Defense-wide ac- of section 8003(a)(1) of the Elementary and local educational agency in the second pre- tivities is hereby increased by $100,000,000. Of Secondary Education Act of 1965 (20 U.S.C. ceding fiscal year under this subsection, sec- the funds corresponding to such increase— tion 3(b)(3) of the Act of September 30, 1950 7703(a)(1)) in average daily attendance for (1) $50,000,000 shall be available for pay- (Public Law 874, 81st Congress), or section that year. ments under subsection (b) in fiscal year 8003(b) of the Elementary and Secondary (D) Finally, the Secretary shall reduce the 1996; Education Act of 1965 (20 U.S.C. 7703(b)); by amount determined under subparagraph (C) (2) $10,000,000 shall be available for pay- (B) the number of students described in for a local educational agency for a fiscal ments under subsection (c) in fiscal year section 8003(a)(1)(D) of such Act in average year by the total amount of— 1996; and daily attendance in the second preceding fis- (i) all payments the local educational (3) $40,000,000 shall be available for pay- cal year; and agency receives under subsections (b) and (c) ments under subsection (d) in fiscal year (2) the number of such students in average for that year; and 1996. (ii) any payments actually received under daily attendance of the local educational Mr. DELLUMS (during the reading). agency in the fiscal year preceding the fiscal section 8003 of the Elementary and Second- ary Education Act of 1965 (20 U.S.C. 7703) for Mr. Chairman, I ask unanimous con- year in which the payment is being made. sent that the motion to recommit be (c) COMPUTATION OF DISABILITY PAYMENT.— that year. Each local educational agency described in (3) Notwithstanding any other provision of considered as read and printed in the subsection (a) shall also be eligible for dis- this section, a local educational agency that RECORD. ability payments for students described in actually receives funds under section 8003(f) The SPEAKER pro tempore. Is there section 8003(d)(1)(B) of the Elementary and of the Elementary and Secondary Education objection to the request of the gen- Secondary Education Act of 1965 (20 U.S.C. Act of 1965 (20 U.S.C. 7703(f)) for a fiscal year tleman from California? 7703(d)(1)(B)). The payment required by this shall be eligible to receive funds under this There was no objection. subsection shall be computed for each year subsection only after the full amount com- The SPEAKER pro tempore. The gen- puted under paragraph (2) has been paid to by multiplying— tleman from California [Mr. DELLUMS] (1) the amount determined by dividing— all local educational agencies described in (A) the amount of funds received by the paragraph (1) that do not receive funds under is recognized for 5 minutes in support local educational agency during the second such section for that fiscal year. of his motion to recommit. preceding fiscal year under this subsection, (4) For purposes of providing assistance Mr. DELLUMS. Mr. Chairman, I ask section 3(d)(2)(C) of the Act of September 30, under this subsection, the Secretary shall unanimous consent to allow my distin- 1950 (Public Law 874, 81st Congress), or sec- use student and revenue data from the local guished colleague, the gentleman from tion 8003(d) of the Elementary and Secondary educational agency for the fiscal year for Texas [Mr. EDWARDS], to control the 5 Education Act of 1965 (20 U.S.C. 7703(d)); by which the agency is applying for assistance. minutes that are authorized to this (B) the number of students described in (5) For purposes of this subsection, the Secretary shall determine the current year gentleman. section 8003(d)(1)(B) of such Act in average The SPEAKER pro tempore. Is there daily attendance in the second preceding fis- State average per-pupil expenditure by in- cal year; and creasing or decreasing the per-pupil expendi- objection to the request of the gen- (2) the number of such students in average ture data for the second preceding fiscal year tleman from California? daily attendance of each local educational by the same percentage increase or decrease There was no objection. agency in the fiscal year preceding the fiscal reflected between the per-pupil expenditure Mr. EDWARDS. Mr. Speaker, just for year in which the payment is being made. data for the fourth preceding fiscal year and a moment I would like the Members to June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6019 imagine what it is like to be a child of military children’s schools to help Mr. GOODLING. Mr. Speaker, first of a military family. For just a moment, make up for lost school revenues due to all I must say following the first part Members, imagine being 8 years old commissary sales that are not taxed or of that speech is very, very difficult. and wondering why your mother can- lost income taxes from military fami- The second part, of course, was par- not attend school functions because lies. Many of those districts are al- tisan, but the first part was very dif- she has been deployed to a place called ready taxing their school districts at ficult to follow. Somalia. the maximum allowable rate. But I would please ask you not to Imagine being a 10-year-old and not With the sincere and dedicated lead- legislate on a motion to recommit on seeing your father for 6 to 12 months ership of the gentleman from Virginia something as complicated as impact because he is serving our Nation in [Mr. BATEMAN] and a bipartisan effort, aid. We will guarantee you as a com- Korea. Imagine being a 12-year-old boy, the Committee on National Security mittee that we will take up this issue. and wondering why dad can seldom did vote to spend $58 million in DOD At the present time, we have $631 come to your little league games. money for impact aid. Our military million as current funding. That is for Imagine being a 14-year-old daughter families owe Chairman BATEMAN a debt children whose parents live and work and wondering whether your father or of gratitude. on Federal property, children whose mother in uniform will even be alive to I regret, though, that 12 Members of military families do not live on a base, come to your high school graduation. our Committee on National Security and for low-income housing. You have Sadly, many never do. on the Republican side voted against added $58 million extra in this particu- Members, it does not take imagina- even that funding for education for our lar piece of legislation. tion to realize the sacrifices of our military children and their families. I would encourage you, let us do it military children. Those sacrifices are Fifty-eight million dollars is a positive through the authorizing process so that real. Military children are the step forward for our children’s edu- we do not open any loopholes, that we unheralded partners, the unsung he- cation, but cutting education funding do not make changes that we are going roes, the young patriots in our fight for for those special children by 50 percent to wish we had not made. Let us do it a strong national defense. How can we is simply not right. Those children de- through the proper channels. Mr. SPENCE. Mr. Speaker, I yield to adequately say thank you for the sac- serve more than a half a loaf. the gentleman from Texas [Mr. rifices of our military children? How Mr. Speaker, this motion to recom- ARMEY], the distinguished majority can we adequately express our sorrow mit would take $100 million out of the leader. to the child whose father or mother $450 million added on for national mis- Mr. ARMEY. Mr. Speaker, I thank died in service to our Nation? sile defense and have that money used the gentleman for yielding. The answer is we cannot. We cannot to support our children. If in con- Mr. Speaker, this is the 11th year in replace the time spent away from one’s ference committee we can find another which I have watched this Congress do parent. We cannot replace the father or source to help provide present-day a defense authorization bill. I think we mother that will never know his small funding for impact aid, that is fine must all agree that in all this time, child, but there is one thing today that with me. But we need to set the stand- never have we brought a defense au- you and I can do, one thing we must do ard and make the commitment right thorization bill to the floor and moved for our military children. We must say here and right now, today. it so smoothly and so congenially to them that if their parents are will- Surely, in a $267 billion defense budg- through the House in such a short pe- ing to fight and die for our country, et that was added up by $9.7 billion, we riod of time. our country, you and I, accept the re- can find $100 million to say to our chil- Mr. Speaker, I would like to com- sponsibility to see that they, the chil- dren in the military and their families, mend both the gentleman from South dren, receive a quality education. That ‘‘We are committing to see that you Carolina [Mr. SPENCE], the chairman of is the least this Congress can do. To do get a good education.’’ the committee, and the gentleman any less would be wrong. Members, this should not be a par- from California [Mr. DELLUMS], the For this Congress to gut education tisan vote. Let Republicans and Demo- ranking member of the committee, and funding for military children would not crats alike show our military families all the members of the committee for only be wrong, it would be terribly un- we care about them and we care about the collegiality they have shown on fair and immoral. To gut education their children. Vote for this motion to their committee, both in the commit- funding for our military children would recommit. tee room and on the floor, in respect to send an uncaring message to the young The SPEAKER pro tempore (Mr. this bill and this legislation. Rarely do parents serving in our Nation’s Armed HAYWORTH). The Chair recognizes the we have an opportunity to see a bill as Forces. To say to a soldier that ‘‘While gentleman from South Carolina [Mr. complex as this come to a complete you are serving in Korea or in Europe SPENCE]. work on the floor ahead of schedule, or some other faraway land, that we in (Mr. SPENCE asked and was given and I think both of these two gentle- Congress will be gutting your chil- permission to revise and extend his re- men deserve our appreciation along dren’s education back home’’ would be marks.) with the other members of the commit- a slap in the face to every father, to Mr. SPENCE. Mr. Chairman, we all tee. every mother proudly wearing our Na- know what recommit motions are and Mr. Speaker, I would like to com- tion’s uniform. Such a callous act the reason for them. mend the gentleman from Texas [Mr. would hurt our military morale, reten- In this particular motion to recom- EDWARDS] for his motion to recommit. tion, and readiness. mit, I strongly oppose it on behalf of I understand the sincerity with which the committee. There was consider- he offers it. It is a serious matter, one b 1445 ation of this matter in the committee. that we all have a concern about, and Mr. Speaker, our service men and The gentleman was accommodated. the children, of course, of our military women love our Nation but they love The other committees in this Con- men and women are important to us. their children, too. To force them to gress are doing something to help in Their education is important to us. choose between serving their country impact aid. I myself personally am a I appreciate the fact that the gen- and caring for their children’s edu- big supporter of impact aid. My district tleman from Texas [Mr. EDWARDS] cation would be unconscionable. Yet depends on it, and it is not a matter of brings that before the body, and I ap- that is exactly what this Congress is impact aid or not, it is just the wrong preciate also the expression of commit- doing. way to do it. ment that is made by the gentleman The Committee on the Budget and Mr. Speaker, I yield to the gentleman from Pennsylvania [Mr. GOODLING], the every Republican on it voted to zero from Pennsylvania [Mr. GOODLING], the chairman of the Committee on Eco- out $120 million in impact aid funding chairman of the Committee on Eco- nomic and Educational Opportunities. that the Department of Education for nomic and Educational Opportunities. These children will not be left behind. years has provided for military chil- (Mr. GOODLING asked and was given These children’s education will not be dren whose parents are living next to a permission to revise and extend his re- neglected. We need not concern our- military base. That money goes to the marks.) selves about that. H 6020 CONGRESSIONAL RECORD — HOUSE June 15, 1995 I would recommend to my colleagues In my State of Rhode Island it is the ``B'' Torricelli Visclosky Williams that we have a good piece of work here. student who will suffer most without this fund- Towns Volkmer Wise Traficant Ward Woolsey It is a good bill. It is respectful of the ing. Last year, the public schools of Newport Tucker Waters Wyden children’s future, both with respect to and Portsmouth received nearly $330,000 in Velazquez Watt (NC) Wynn their education and their national se- funding for these children. Vento Waxman curity, and I encourage all my col- Without this funding, over 3,500 Rhode Is- NOES—239 leagues, vote no on this motion to re- land ``B'' students will receive less than an Allard Gallegly Murtha commit and vote yes on the bill and adequate education and be left unprepared Archer Ganske Myers have a good sense of understanding and undefended in the harsh climate of the Armey Gekas Myrick that we have done our duty within the new global economy. This is a cost America Bachus Gilchrest Nethercutt Baker (CA) Gillmor Neumann confines of our budget to keep our chil- simply cannot bear. Baker (LA) Gilman Ney dren safe and secure and well-educated. I support the motion to recommit so we may Ballenger Goodlatte Norwood PARLIAMENTARY INQUIRIES pass a bill that fully funds Impact Aid and sup- Barr Goodling Nussle Barrett (NE) Goss Oxley Mr. TAYLOR of Mississippi. Mr. ports the future of America's children. Bartlett Graham Packard Speaker, I have a parliamentary in- The SPEAKER pro tempore. Without Barton Greenwood Parker quiry. objection, the previous question is or- Bass Gunderson Paxon The SPEAKER pro tempore. The gen- dered on the motion to recommit. Bateman Gutknecht Petri Bereuter Hall (TX) Pombo tleman will state it. There was no objection. Bevill Hancock Portman Mr. TAYLOR of Mississippi. Mr. The SPEAKER pro tempore. The Bilbray Hansen Pryce Speaker, if my memory serves me cor- question is on the motion to recommit. Bilirakis Hastert Quillen rectly, one of the very first measures Bliley Hastings (WA) Quinn The question was taken; and the Blute Hayes Radanovich to pass this body—— Speaker pro tempore announced that Boehlert Hayworth Ramstad Mr. SOLOMON. Regular order. That the noes appeared to have it. Boehner Hefley Regula is not a proper parliamentary inquiry. Bonilla Heineman Riggs RECORDED VOTE Bono Herger Roberts The SPEAKER pro tempore. The gen- Brownback Hilleary tleman will state his parliamentary in- Mr. DELLUMS. Mr. Speaker, I de- Rogers mand a recorded vote. Bryant (TN) Hobson Rohrabacher quiry. Bunn Hoekstra Ros-Lehtinen Mr. TAYLOR of Mississippi. Mr. A recorded vote was ordered. Bunning Hoke Roth Burr Horn Speaker, one of the first measures to The vote was taken by electronic de- Roukema vice, and there were—ayes 188, noes 239, Burton Hostettler Royce pass the body this year was a bill doing Buyer Houghton Salmon not voting 7, as follows: Callahan Hunter away with unfunded Federal mandates. Sanford Calvert Hutchinson [Roll No. 384] Saxton If we are going to require local school Camp Hyde Scarborough districts like Biloxi, MS, to educate AYES—188 Canady Inglis Schaefer Castle Istook children on these bases as we do, and Abercrombie Ford Minge Schiff Chabot Johnson (CT) we are going to cut the funds we give Ackerman Frank (MA) Mink Seastrand Chambliss Johnson, Sam Andrews Frost Moakley Sensenbrenner to communities like Biloxi, MS, to Chenoweth Jones Baesler Furse Montgomery Shadegg educate these children, does this not Chrysler Kanjorski Baldacci Gejdenson Moran Shaw Clinger Kasich then become an unfunded Federal man- Barcia Gephardt Nadler Shays Coble Kelly date? Barrett (WI) Geren Neal Shuster Becerra Gibbons Oberstar Coburn Kim The SPEAKER pro tempore. The gen- Collins (GA) King Skeen Beilenson Gonzalez Obey Smith (MI) tleman is not stating a proper par- Bentsen Gordon Olver Combest Kingston Cooley Klug Smith (NJ) liamentary inquiry. Berman Green Ortiz Smith (TX) Bishop Gutierrez Cox Knollenberg Mr. TAYLOR of Mississippi. I am Orton Smith (WA) Bonior Hall (OH) Owens Crane Kolbe Solomon asking a question, sir. It is a par- Borski Hamilton Pallone Crapo LaHood Souder liamentary inquiry. Did we pass the Boucher Harman Pastor Cremeans Largent Spence Brewster Hastings (FL) Payne (NJ) Cubin Latham bill? Stearns Browder Hefner Payne (VA) Cunningham LaTourette The SPEAKER pro tempore. The gen- Stockman Brown (CA) Hilliard Pelosi Davis Laughlin Stump tleman is not stating a proper par- Brown (FL) Hinchey Peterson (FL) Deal Lazio Talent liamentary inquiry. Brown (OH) Holden Peterson (MN) DeLay Leach Tate Bryant (TX) Hoyer Pickett Diaz-Balart Lewis (CA) Mr. TAYLOR of Mississippi. Mr. Tauzin Cardin Jackson-Lee Pomeroy Doolittle Lewis (KY) Taylor (NC) Speaker, did that bill become law? Christensen Jacobs Porter Dornan Lightfoot The SPEAKER pro tempore. The gen- Clay Jefferson Poshard Doyle Linder Thomas tleman from Mississippi will suspend. Clayton Johnson (SD) Rahall Dreier Livingston Thornberry Tiahrt The gentleman did not state a proper Clement Johnson, E. B. Rangel Duncan LoBiondo Clyburn Johnston Reed Dunn Longley Torkildsen parliamentary inquiry. Coleman Kaptur Reynolds Ehlers Lucas Upton Mr. OBEY. Would the Chair yield for Collins (IL) Kennedy (MA) Richardson Ehrlich Manzullo Vucanovich another parliamentary inquiry? Collins (MI) Kennedy (RI) Rivers Emerson Martini Waldholtz Walker The SPEAKER pro tempore. The gen- Condit Kennelly Roemer English Mascara Conyers Kildee Rose Ensign McCollum Walsh tleman from Wisconsin will state his Costello Klink Roybal-Allard Everett McCrery Wamp parliamentary inquiry. Coyne LaFalce Rush Ewing McDade Watts (OK) Mr. OBEY. Mr. Speaker, if this mo- Cramer Lantos Sabo Fawell McHugh Weldon (FL) Danner Levin Sanders Fields (TX) McInnis Weldon (PA) tion before us is not passed, how does de la Garza Lewis (GA) Sawyer Flanagan McIntosh Weller the authorizing committee, which does DeFazio Lincoln Schroeder Foley McKeon White not appropriate a dime, assure us that DeLauro Lipinski Schumer Forbes Metcalf Whitfield impact aid will not be cut, since the Dellums Lofgren Scott Fowler Meyers Wicker Deutsch Lowey Serrano Fox Mica Wilson Committee on Appropriations is most Dicks Luther Sisisky Franks (CT) Miller (FL) Wolf certainly going to have to cut it sub- Dingell Maloney Skaggs Franks (NJ) Molinari Young (AK) stantially? Dixon Manton Skelton Frelinghuysen Mollohan Young (FL) Frisa Moorhead Zeliff The SPEAKER pro tempore. The gen- Doggett Markey Slaughter Dooley Martinez Spratt Funderburk Morella Zimmer tleman is not stating a parliamentary Durbin Matsui Stark inquiry. Edwards McCarthy Stenholm NOT VOTING—7 Mr. KENNEDY of Rhode Island. Mr. Speak- Engel McDermott Stokes Chapman Kleczka Yates Eshoo McHale Studds er, I rise today in support of the motion to re- Dickey McNulty Evans McKinney Stupak Flake Thornton commit. Farr Meehan Tanner H.R. 1530 while it restores funding for heav- Fattah Meek Taylor (MS) b 1513 ily impacted school districts in the Impact Aid Fazio Menendez Tejeda Fields (LA) Mfume Thompson Program, ignores the special needs of those Filner Miller (CA) Thurman Mr. MASCARA changed his vote from children classified as ``B'' students. Foglietta Mineta Torres ‘‘aye’’ to ‘‘no.’’ June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6021 So the motion to recommit was re- Pombo Shadegg Thornberry GENERAL LEAVE jected. Porter Shaw Thurman Portman Shuster Tiahrt Mr. SPENCE. Mr. Speaker, I ask The result of the vote was announced Poshard Sisisky Torkildsen as above recorded. Pryce Skeen Torres unanimous consent that all Members The SPEAKER pro tempore (Mr. Quillen Skelton Traficant may have 5 legislative days in which to Quinn Smith (MI) Tucker revise and extend their remarks on the HAYWORTH). The question is on the pas- Radanovich Smith (NJ) Upton sage of the bill. Regula Smith (TX) Visclosky bill just passed. The question was taken; and the Richardson Smith (WA) Vucanovich The SPEAKER pro tempore (Mr. Riggs Solomon Waldholtz Speaker pro tempore announced that Roberts Souder Walker HAYWORTH). Is there objection to the the ayes appeared to have it. Rogers Spence Walsh request of the gentleman from South Rohrabacher Spratt Wamp RECORDED VOTE Carolina? Ros-Lehtinen Stearns Watts (OK) Mr. WELDON of Pennsylvania. Mr. Rose Stenholm Weldon (FL) There was no objection. Speaker, I demand a recorded vote. Royce Stockman Weldon (PA) A recorded vote was ordered. Salmon Stump Weller f Sanford Talent White The vote was taken by electronic de- Sawyer Tanner Whitfield AUTHORIZING THE CLERK TO vice, and there were—ayes 300, noes 126, Saxton Tate Wicker not voting 8, as follows: Scarborough Tauzin Wilson MAKE CORRECTIONS IN EN- Schaefer Taylor (MS) Wolf GROSSMENT OF H.R. 1530, NA- [Roll No. 385] Schiff Taylor (NC) Young (AK) TIONAL DEFENSE AUTHORIZA- AYES—300 Scott Tejeda Young (FL) Seastrand Thomas Zeliff TION ACT FOR FISCAL YEAR 1996 Abercrombie Diaz-Balart Jackson-Lee Ackerman Dicks Jefferson NOES—126 Mr. SPENCE. Mr. Speaker, I ask Allard Dixon Johnson (CT) unanimous consent that, in the en- Andrews Dooley Johnson, E. B. Barrett (WI) Hilliard Petri Archer Doolittle Johnson, Sam Becerra Hinchey Pomeroy grossment of the bill, H.R. 1530, the Armey Dornan Jones Beilenson Jacobs Rahall Clerk be authorized to correct section Bachus Dreier Kaptur Berman Johnson (SD) Ramstad numbers, punctuation, cross ref- Baesler Dunn Kasich Bonior Johnston Rangel Baker (CA) Edwards Kelly Borski Kanjorski Reed erences, and to make such other tech- Baker (LA) Ehlers Kennedy (RI) Brown (CA) Kennedy (MA) Reynolds nical, clerical, and conforming changes Baldacci Ehrlich Kennelly Brown (OH) Klink Rivers as may be necessary to reflect the ac- Ballenger Emerson Kildee Bryant (TX) Klug Roemer tions of the House in amending the bill, Barcia Ensign Kim Cardin LaFalce Roth Barr Everett King Clay Levin Roukema H.R. 1530. Barrett (NE) Ewing Kingston Clayton Lewis (GA) Roybal-Allard The SPEAKER pro tempore. Is there Bartlett Fawell Knollenberg Clyburn Lincoln Rush Barton Fazio Kolbe Collins (IL) Lofgren Sabo objection to the request of the gen- Bass Fields (TX) LaHood Collins (MI) Lowey Sanders tleman from South Carolina? Bateman Flanagan Lantos Coyne Luther Schroeder Bentsen Foley Largent Danner Maloney Schumer There was no objection. Bereuter Forbes Latham DeFazio Markey Sensenbrenner Bevill Fowler LaTourette Dellums Martinez Serrano f Bilbray Fox Laughlin Deutsch Martini Shays Bilirakis Franks (CT) Lazio Dingell Mascara Skaggs REPORT ON RESOLUTION PROVID- Bishop Frelinghuysen Leach Doggett McCarthy Slaughter Bliley Frisa Lewis (CA) Doyle McDermott Stark ING FOR CONSIDERATION OF Blute Frost Lewis (KY) Duncan McKinney Stokes H.R. 1817, MILITARY CONSTRUC- Boehlert Funderburk Lightfoot Durbin Meehan Studds TION APPROPRIATIONS ACT FOR Boehner Gallegly Linder Engel Menendez Stupak FISCAL YEAR 1996 Bonilla Gejdenson Lipinski English Mfume Thompson Bono Gekas Livingston Eshoo Miller (CA) Torricelli Boucher Gephardt LoBiondo Evans Mineta Towns Mr. QUILLEN, from the Committee Brewster Geren Longley Farr Minge Velazquez on Rules, submitted a privileged report Browder Gibbons Lucas Fattah Moakley Vento (Rept. No. 104–140) on the resolution (H. Brown (FL) Gilchrest Manton Fields (LA) Morella Volkmer Res. 167) providing for consideration of Brownback Gillmor Manzullo Filner Nadler Ward Bryant (TN) Gilman Matsui Foglietta Neal Waters the bill (H.R. 1817) making appropria- Bunn Gonzalez McCollum Ford Oberstar Watt (NC) tions for military construction for the Bunning Goodlatte McCrery Frank (MA) Obey Waxman Department of Defense for the fiscal Burr Goodling McDade Franks (NJ) Olver Williams Burton Gordon McHale Furse Owens Wise year ending September 30, 1996, and for Buyer Goss McHugh Ganske Pallone Woolsey other purposes, which was referred to Callahan Graham McInnis Gunderson Payne (NJ) Wyden the House Calendar and ordered to be Calvert Green McIntosh Gutierrez Pelosi Wynn printed. Camp Greenwood McKeon Hastings (FL) Peterson (MN) Zimmer Canady Gutknecht Meek f Castle Hall (OH) Metcalf NOT VOTING—8 Chabot Hall (TX) Meyers Chapman Flake Thornton Chambliss Hamilton Mica Conyers Kleczka Yates PERMISSION TO FILE PRIVILEGED Chenoweth Hancock Miller (FL) Dickey McNulty REPORT ON BILL MAKING AP- Christensen Hansen Mink Chrysler Harman Molinari PROPRIATIONS FOR FOREIGN OP- Clement Hastert Mollohan b 1532 ERATIONS, EXPORT FINANCING, Clinger Hastings (WA) Montgomery AND RELATED PROGRAMS FOR Coble Hayes Moorhead The Clerk announced the following FISCAL YEAR 1996 Coburn Hayworth Moran pair: Coleman Hefley Murtha Collins (GA) Hefner Myers On this vote: Mr. CALLAHAN. Mr. Speaker, I ask Combest Heineman Myrick unanimous consent that the Commit- Condit Herger Nethercutt Mr. McNulty for, with Mr. Yates against. tee on Appropriations may have until Cooley Hilleary Neumann Costello Hobson Ney Mr. SCHUMER changed his vote from midnight tonight to file a privileged Cox Hoekstra Norwood ‘‘aye’’ to ‘‘no.’’ report on a bill making appropriations Cramer Hoke Nussle for foreign operations, export financ- Crane Holden Ortiz Ms. JACKSON-LEE changed her vote ing, and related programs for the fiscal Crapo Horn Orton from ‘‘no’’ to ‘‘aye.’’ Cremeans Hostettler Oxley year ending September 30, 1996, and for Cubin Houghton Packard So the bill was passed. other purposes. Cunningham Hoyer Parker Davis Hunter Pastor The result of the vote was announced The SPEAKER pro tempore. Is there de la Garza Hutchinson Paxon as above recorded. objection to the request of the gen- Deal Hyde Payne (VA) tleman from Alabama? DeLauro Inglis Peterson (FL) A motion to reconsider was laid on DeLay Istook Pickett the table. There was no objection. H 6022 CONGRESSIONAL RECORD — HOUSE June 15, 1995 REPORT ON H.R. 1854, LEGISLA- There was no objection. SECTION 1. DESIGNATION OF TRINITY LAKE. (a) DESIGNATION.—The reservoir created by TIVE BRANCH APPROPRIATIONS f FOR FISCAL YEAR 1996 Trinity Dam in the , California, and designated as ‘‘Clair Engle Mr. PACKARD, from the Committee DESIGNATING TRINITY DAM IN THE CENTRAL VALLEY PROJECT, Lake’’ by Public Law 88–662 (78 Stat. 1093) is on Appropriations, submitted a privi- hereby redesignated as ‘‘Trinity Lake’’. CA, AS TRINITY LAKE leged report (Rept. No. 104–141) on the (b) REFERENCES.—Any reference in any bill (H.R. 1854) making appropriations Mr. DOOLITTLE. Mr. Speaker, I ask law, regulation, document, record, map, or for the legislative branch for the fiscal unanimous consent for the immediate other paper of the United States to the res- year ending September 30, 1996, and for consideration in the House of the bill ervoir referred to in subsection (a) shall be considered to be a reference to ‘‘Trinity other purposes, which was referred to (H.R. 1070) to designate the reservoir created by Trinity Dam in the Central Lake’’. the Union Calendar and ordered to be (c) CONFORMING AMENDMENT.—Public Law printed. Valley project, California, as ‘‘Trinity 88–662 (78 Stat. 1093) is repealed. Lake.’’ The SPEAKER pro tempore. All The bill was ordered to be engrossed The Clerk read the title of the bill. points of order are reserved on the bill. and read a third time, was read the Mr. VOLKMER. Mr. Speaker, I would The SPEAKER pro tempore. Is there third time, and passed, and a motion to like to inquire of the gentleman from objection to the request of the gen- reconsider was laid on the table. California, the chairman of the Sub- tleman from California? committee on Appropriations who just Mr. DEFAZIO. Mr. Speaker, reserving f the right to object, I yield to the gen- filed a report—— ANNOUNCEMENT OF AMENDMENT tleman from California [Mr. DOO- Mr. PACKARD. Mr. Speaker, would PROCESS FOR THE LEGISLATIVE LITTLE] to enable him to explain the the gentleman repeat that please? BRANCH APPROPRIATION Mr. VOLKMER. I just would like to legislation. We are particularly curious make an inquiry of the gentleman: about whether or not Clair Engle was a (Mr. SOLOMON asked and was given It is my understanding that the Com- Democrat and what the underlying rea- permission to address the House for 1 mittee on Rules on the gentleman’s bill sons are for this change. minute.) is going to require us to file amend- Mr. DOOLITTLE. Mr. Speaker, he Mr. SOLOMON. Mr. Speaker, the ments on the bill by noon on Monday. was a Democrat, and he was considered Rules Committee is planning to meet Mr. PACKARD. That is correct. a water expert in his time, and for that on Monday, June 19, to grant a rule Mr. VOLKMER. It is not printed; is reason this reservoir which the bill which may limit the amendments of- it? It is not available to me; is it? seeks to change the name of was named fered to the legislative branch appro- Mr. PACKARD. I would have to refer for him. This bill would designate the priations bill. that to the chairman of the Committee reservoir created by Trinity Dam in Members who wish to offer amend- on Rules. the Central Valley Project in Califor- ments to the bill should submit 55 cop- Mr. VOLKMER. I mean the gen- nia as Trinity Lake. ies of their amendments, together with tleman knows whether the bill is avail- Under the provisions of current law a brief explanation, to the Rules Com- able to me or not. the reservoir is currently designated as mittee office in H–312 of the Capitol, no Mr. PACKARD. The bill is printed. I Clair Engle Lake and, therefore, re- later than noon on Monday, June 19. do not know whether it is official or quires legislation in order for the name Amendments should be drafted to the not, but it is available. bill as ordered reported by the Appro- Mr. VOLKMER. With the amend- to be changed. The problem here is that in the local area everybody refers priations Committee. Copies of the ments in it? text will be available for examination Mr. PACKARD. Not with the amend- to this as Trinity Lake except the by Members and staff in the offices of ments until noon Monday. technical name that appears in the It is available as it was reported out maps is Lake Clair Engle. It casts a lot the Appropriations Committee in H–218 of the full committee. It will be in H– of confusion, and for that reason the of the Capitol. Members should use the Office of 218 in the Capitol. Trinity board of supervisors unani- Mr. VOLKMER. In other words, I mously passed a resolution in support Legislative Counsel to ensure that have to go there and look at it? I can- of changing the name. their amendments are properly drafted not take it back to my office, or my In our report accompanying this bill and should check with the Office of the staff cannot, to review it as we always we have asked the bureau to consider Parliamentarian to be certain their do on legislation? an appropriate visitor center that they amendments comply with the rules of Mr. PACKARD. We will give the gen- could name in honor of Clair Engle, the House. tleman a copy. who was once chairman of the House Any offset amendments should be Mr. VOLKMER. Mr. Speaker, I thank Interior Committee and then subse- scored by CBO to ensure compliance the gentleman from California. quently became our U.S. Senator from with clause 2(f) of rule 21, which re- f California; we think that would be ap- quires that they not increase the over- propriate, and I would ask that the bill all levels of budget authority and out- REMOVAL OF NAME OF MEMBER be supported. lays in the bill. AS COSPONSOR OF H.R. 1289, THE Mr. DEFAZIO. Further under my re- If Members or their staff have any NEWBORN INFANT HIV NOTIFICA- served right to object, Mr. Speaker, I questions regarding this procedure, TION ACT find the gentleman’s arguments con- they should contact Bill Crosby of our Mr. FATTAH. Mr. Speaker, I ask vincing. I do not detect a partisan bias staff at extension 5–9191. unanimous consent to have my name here. I think the naming of a visitor We appreciate the cooperation of all removed as a cosponsor of H.R. 1289. center or other appropriate memorial Members in submitting their amend- The SPEAKER pro tempore. Is there would be well taken, and I have swum ments by the noon, June 19 deadline in objection to the request of the gen- in the lake myself and had no idea of properly drafted form. tleman from Pennsylvania? the name of it. I was told I was swim- Mr. VOLKMER. Mr. Speaker, will the There was no objection. ming in Trinity Lake. gentleman yield? f Mr. Speaker, I withdraw my reserva- Mr. SOLOMON. I yield to the gen- tion of objection. tleman from Missouri. REMOVAL OF NAME OF MEMBER The SPEAKER pro tempore. Is there Mr. VOLKMER. Mr. Speaker, the AS COSPONSOR OF H.R. 774 objection to the request of the gen- only reason I asked for this is it is ap- Mr. CALVERT. Mr. Speaker, I ask tleman from California? parent for me that I always prefer a unanimous consent that my name be There was no objection. copy of the report and a copy of the removed as a cosponsor from the bill, The Clerk read the bill, as follows: bill, and I am suggesting to Members H.R. 774. H.R. 1070 that if they would contact the Appro- The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- priations Subcommittee at H–218, I am objection to the request of the gen- resentatives of the United States of America in sure that they can obtain a copy of the tleman from California? Congress assembled, subcommittee report—I mean a full June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6023 committee report and the bill at that Mr. VOLKMER. So it has to be ger- ICWA APPLIED UNFAIRLY time. They would not have to go down mane. (Ms. PRYCE asked and was given per- there and just look at it themselves. Mr. SOLOMON. That require waivers. mission to address the House for 1 That was of concern to me, and I think It also comes under the jurisdiction of minute and to revise and extend her re- that is available to them. the Government Operations Committee marks, and include extraneous mate- The other thing that I am very curi- and the Committee on the Budget. rial.) ous about: Hopefully we can deal with those so we Ms. PRYCE. Mr. Speaker, when will This will be the second bill, appro- do not have to deal with each individ- it stop? Today we have another heart- priations bill, to be taken up. We are ual one. That would require waivers of wrenching front page story of an adop- going to be taking up one tomorrow. the House, and we did not make any Mr. SOLOMON. That is correct. tion gone awry. waivers in order for legislating in ap- Nineteen months ago Jim and Mr. VOLKMER. And that is under a propriations bills. rule; correct? Colette Rost of Columbus, OH, adopted Mr. SOLOMON. Yes. b 1545 twin baby girls and have cared for Mr. VOLKMER. Are we going to be Mr. VOLKMER. Mr. Speaker, I want them every day of their young lives. doing rules on every appropriation bill? to thank the gentleman from New Yesterday, a judge in California took Mr. SOLOMON. If they have to come York for his explanations. I appreciate these girls away from the only family to the Committee on Rules, as the gen- the comments. they have ever known and awarded cus- tleman knows—— tody to a perfect stranger, the birth f Mr. VOLKMER. No appropriation bill grandmother. has to go to the Committee on Rules. TRIBUTE TO CARAMOOR The only reason for this is that the Mr. SOLOMON. Well, it does if they girls are 1⁄32 Pomo Indian and the judge (Mrs. KELLY asked and was given contain unauthorized legislation. ruled that the Indian Child Welfare Act permission to address the House for 1 Mr. VOLKMER. That is correct. applies to these children and that trib- minute and to revise and extend her re- Mr. SOLOMON. And of course, if that al rights supercede all other interests. marks.) has not been passed by both Houses, Mr. Speaker, when are we going to Mrs. KELLY. Mr. Speaker, we pay then it is going to require a rule. But come to our senses? tribute to one of the greatest cultural we intend to make sure that all of it is As an adoptive mother, I can tell you treasures of my district—the Caramoor going to be subject to the authorizing these rulings will have a chilling effect Center for Music and the Arts—which committees; that is important. on couples wishing to provide good is celebrating its 50th anniversary. Mr. VOLKMER. In other words, if homes to children through adoption. something has passed the House that The vision for Caramoor began with the combined talents and determina- Who will want to risk the potential has been authorized, then the gen- heartache and the terrifying prospect tleman wants to make sure that it is tion of Walter and Lucie Rosen. Avid collectors of art as well as accom- that your child might have some far- protected under the rule so it can- removed native American heritage and not be stricken on a point of order plished musicians, the Rosens often played host to many of New York’s be taken away? from Mr. Speaker, I have introduced legis- the—— most prominent performers and cul- tural patrons in their Katonah summer lation to amend the ICWA to prevent Mr. SOLOMON. That is right, such as these injustices in the future. the defense authorization bill that just home, which was called Caramoor. After the death of their son in World I welcome input and advice of the na- passed the House a few moments ago. tive American community and I ask The military construction bill coming War II, the Rosen’s bequeathed Caramoor ‘‘as a Center for Music and the support of my colleagues for H.R. up tomorrow is going to be subject to 1448, so that future tragedies such as that, and all of the succeeding bills will the Arts for the Town of Bedford and the State of New York.’’ this can be avoided. be the same thing. Mr. Speaker, I include the following Mr. VOLKMER. Does the gentleman Caramoor has become a focal point of materials: plan to go further in that and protect both the national and international other things, legislative language and music scenes. Now it is home to an 8- FEBRUARY 7, 1995. week outdoor music festival. DEAR REPRESENTATIVE PRYCE: I’m writing things like that that have not been to you as a mother looking for help. My fam- covered by authorization but that Under the leadership of Howard Her- ´ ily is being threatened by an ‘‘adoption gone somebody wants to put an appropria- ring and the artistic direction of Andre bad.’’ My husband and I took immediate cus- tion bill because they did not get it in Previn, Caramoor has attracted such tody of twin baby girls in California in No- the present law? stars as James Gallway, Barbara Cook, vember of 1993. We were involved in an open Mr. SOLOMON. I would certainly Sylvia McNair, and Yo-Yo Ma, and has adoption where we met the birth mother and hope not. We want to try to protect the served as a launching ground for scores birth father. These unmarried birth parents committee system in this Congress. It of up and coming performers through were 20 years old and they already had 2 its Rising Stars program. boys. They made a decision to allow the has worked well for many years, and twins to be adopted because they couldn’t we do not want to violate the rules of The Caramoor experience is unique in that it allows audiences to convene give them the attention and care they de- the House. That would be a violation served. Moreover, they felt it would be unfair which would be subject to waiver if with nature while enjoying music in its to their 2 sons that they already had. The this body saw fit, but I personally op- purest form. With the recent additions birth father at that time did not disclose his pose it. of the ‘‘Touch Tour’’ and the Marjorie Native American background (which turns Mr. VOLKMER. Mr. Speaker, I thank Carr Adams ‘‘Sense Circle’’ for the vis- out to be only 1⁄16 making the twins 1⁄32 and the gentleman very much. ually impaired and the mentally and had chosen not to tell his parents about the Now the other thing, and last thing, physically challenged, Caramoor re- adoption. In February of 1994, when the twins I would like to ask the gentleman mains committed to ensuring true ac- were 3 months old, he broke up with the cessibility for all of its visitors. birth mother, went home to his parents and about: told them about the adoption. The birth fa- In the rule for the MILCON, military Whether strolling through the gar- ther’s mother contacted a tribe in California construction, tomorrow the gentleman dens, picnicking in the orchard, or lis- (that she was not registered with until April from Oklahoma [Mr. BREWSTER] had re- tening to the harmonies under the 1994) who then contacted the attorney who quested that his amendment be in stars, Caramoor allows people to lose arranged the adoptions demanding the re- order. Is that amendment going to be themselves in the moment. It has often turn of the twins. in order? been said that music is food for the This was the first time we knew of his Na- Mr. SOLOMON. No, we have a com- soul. In this spirit, Mr. Speaker, may tive American Heritage. Since that time we pletely open rule on the military con- Caramoor continue to provide us with have been involved in a fight to keep our ba- bies. The twins, Lucy and Bridget are now 15 struction appropriation bill that will nourishment for yet another 50 years, I months old and have been with us since their be on the floor, and that means that it would invite you and the rest of the discharge from the hospital. We have will be subject to all the rules of the country to join us at Caramoor for an brought them into our family where they House. evening of good music and good cheer. have bonded with their big sister Hannah H 6024 CONGRESSIONAL RECORD — HOUSE June 15, 1995

(age 71⁄2), grandparents, aunts, uncles and search the family records and had come up established a temporary guardianship and cousins on both sides. with something. The twins’ parents are not made Karen and Richard O. Adams They are so precious to us and we live in Indian. Their four grandparents are not In- custodians. terror of losing them because of the Indian dian. Their eight great-grandparents are not Richard E. Adams’ lawyer Leslie Glick, Child Welfare Act; an act that does not take Indian. Their 16 great-great-grandparents said the birth parents hope to one day take into consideration the best interest of the were not Indian. But one of the twins’ great- custody of the twins ‘‘when they are stable.’’ child and more or less gives the tribe abso- great-great-grandparents was an Indian. ‘‘Rick and Cindy, but that they had no lute power. That makes the twins 1⁄32 Indian, and that, money, would have kept those children to Please help us in any way you can. We apparently, is enough to trigger the federal begin with, Glick said. She denied that the can’t become another adoption ‘‘fatality.’’ law. So ruled a judge in California. The fed- couple, who married after the adoption dis- These little girls would go back to a patho- eral law provides that if a child is Indian and pute began, have had serious domestic vio- logical family situation and they would be the subject of a custody dispute, the birth lence problems. Richard E. Adams had been robbed of the love we would give them. parents have first claim, the extended family charged, but was not convicted, of battery Sincerely, has second claim and the tribe has the final stemming from a domestic violence com- COLETTE ROST. word. plaint filed by Ruiz. The twins are now 18 months old, and while Glick called Henning’s decision ‘‘very ROST CASE ILLUSTRATES LAW’S RACISM no final disposition has been made by the thoughtful’’ and said the guardianship plan In a new book titled Life on the Color judge, they have been ordered to visit with is ‘‘in the best interests of the children.’’ Line, Gregory Howard Williams, dean of the their birth grandmother. ‘‘The birth family is so happy. They want Ohio State University law school, describes Clearly, this is a case of some unscrupu- their children back.’’ Adams and Ruiz voluntarily consented to the day—more than 30 years ago—that he lous white folks gaming the system. But the the adoption, but Adams changed his mind learned he was ‘‘really’’ black, not white. law permits it. And the law is racist. If one about three months later, saying he wanted Greg and his brother were traveling with distant Indian ancestor is enough to make his mother to have custody and revealing their father to his family home in Muncie, you fully Indian, isn’t this uncomfortably that the children are part Pomo Indian. Ind.—their mother had run off with two close to the tainted-blood view of miscegena- The terms of the Indian Child Welfare Act, younger siblings—when their father ex- tion from the Jim Crow era—to say nothing a 1978 law that gives Indian families and In- plained that the relatives they were going to of the racial schemes of the old South Africa dian tribes powerful influence over the adop- live with were black. or Nazi Germany? Very few of us are ‘‘pure’’ members of one tion of Indian children were not followed in Greg’s father, James, it seems, was the race or another. Our ancestors got around. the adoption, lawyers said. product of a black-white union. While living And racial categorization—though slavishly The Rosts say they never knew the chil- with his white wife, James had called him- worshiped by the politically correct—is al- dren were part Indian until Adams tried to self white. Simple arithmetic should have most always pernicious. stop the adoption. And there was no evidence suggested that Greg and his brother were produced that showed they were aware. three-quarters white. [From the Columbus Dispatch, June 15, 1955] Testimony that an adoption lawyer who But not in the United States of the 1950s. TWIN GIRLS WILL GO TO BIRTH FAMILY represented Ruiz and Adams knew about the So brutal was the hostility of whites to (By Randall Edwards) Pomo claims proved to be a turning point in blacks and so horrified were whites by the the case, however, said Arnold Klein, a law- concept of racial mixing (miscegenation) Bridget and Lucy Ruiz, 19-month-old twins who have lived with a Columbus couple since yer appointed to represent the twins. Adop- that a person with even the smallest amount tion lawyer D. Durand Cook, who rep- of Negro heritage was considered entirely their birth, will be placed in the custody of their biological grandparents in California resented Ruiz and Adams, produced docu- black. ments, that showed he knew Adams was And so, at the age of 10, Greg Williams, and will not return to Ohio, a judge in Los Angeles ruled yesterday. claiming Pomo ancestry, said Klein. with Caucasian features and fair skin, began Adams had testified that Cook told him his a new life as a black person. As a teen-ager, The time and place of the transfer, when Jim and Colette Rost must turn the twins Pomo ancestry would complicate and slow dating was a trauma. ‘‘Dating for me the adoption process, so he concealed his In- was . . . like swimming in shark-infested over to grandparents Karen and Richard O. Adams, will be kept secret based on a strict dian background. waters,’’ he wrote. Whites who ‘‘knew’’ that Cook also said he never told the Rosts he was black didn’t want him to date white order from Judge John Henning of the Los Angeles County Superior Court. about the Pomo Ancestry, Klein and Gorman girls, while those who didn’t know disliked confirmed. The Rosts paid Cook’s $4,200 legal seeing him with black girls. ‘‘I’m mad. I’m worried about Bridget and Lucy, and I don’t know what else to say,’’ a bill as part of the adoption agreement, Jim We’ve come a long way since the 1950s. Rost confirmed. Interracial couples are, for the most part, distraught Jim Rost said after the ruling. ‘‘I’m going to miss them,’’ he added. ‘‘Lots According to the Indian Child Welfare Act, well-accepted among both blacks and whites. Cook should have contacted tribal authori- And yet, we still tend to think of people in of tears. It’s like a death in the family.’’ The judge’s decision represents a victory ties, who would have determined the place- racial terms. When someone’s skin color or for members of the birth family, who are ment of the children. facial features do not yield an instant cat- part Pomo Indian, in a bitter legal battle Mr. Rost said he was shocked by Cook’s egory, we want to know what race that per- with the Rosts, who are white. revelation. son is. We want to know—even if there is no The litigation has drawn international ‘‘It was incredible to me that he had a con- answer. media attention and has launched a national versation that involved the American Indian Must one choose? What if your mother is debate over a federal law that restricts the issue and that he chose not to disclose that Asian and your father is half black and half adoption of American Indian children. to us.’’ Mr. Rost said. But he added he thinks white? Is someone’s race so important? The Rosts’ lawyer immediately appealed, the focus on Cook’s testimony misses the A case now being considered in California but she rated her chances of victory as point. suggests that we haven’t come as far as we ‘‘slim.’’ ‘‘Nobody is saying anything about the fact ought since the 1950s. ‘‘The Rosts are completely out of it,’’ said that two adults made this decision to give up A couple in Columbus, Ohio, adopted a set attorney Jane Gorman. these children. They sought out Durand of twin girls through an agency in Califor- ‘‘If we could have kept custody of the girls, Cook, and now they are invoking this law to nia. Both birth parents, unmarried at the I think we might have won on appeal, be- take the children away from us. time of the birth, signed all of the relevant cause I think the judge’s decision was ‘‘It’s incredible for us to see almost unani- paperwork surrendering their rights to the wrong,’’ she said. ‘‘But with the court having mous support from everyone we meet and twins. They also signed sworn affidavits, transferred custody, our chances are slim.’’ have our legal system make a ruling that routine in California, to the effect that nei- Henning does not want members of the flies in the face of that,’’ Mr. Rost said. ther they nor their children (they have two news media, who have surrounded the court- Mr. Rost said he is frustrated that nether older boys) were members of any Indian house in recent days, to be present when the he nor Mrs. Rost ever had a chance to testify tribe. The girls were immediately placed for children are given to their biological grand- in the case. adoption with Jim and Colette Rost of Co- parents, Gorman said. The judge has barred ‘‘We never had a chance to present any evi- lumbus. reporters from the courtroom throughout dence. The judge said his hands were tied.’’ Six months later, when the Rosts at- the proceedings. U.S. Rep. Deborah Pryce, who tried to tempted to have the adoption finalized, the Henning had ordered the Rosts to bring the amend the Indian Child Welfare Act in time agency (which had legal custody) balked. children to Los Angeles in late May for a se- to help the Rosts maintain custody of the The birth father and his mother (the birth ries of visits with Karen Adams and the birth twins, said yesterday that she is dis- grandmother) were contesting the adoption, parents—Adams’ son Richard E. Adams, and appointed. claiming now that the children were Indian Cynthia Ruiz. Last week, Henning issued an ‘‘These children have become the innocent and thus covered by the Indian Child Welfare order prohibiting the Rosts from taking the victims of a badly written law,’’ Pryce, R– Act. twins out of Los Angeles County. Perry Township, said in a prepared release. It seems that someone, perhaps the young Reached by telephone in his chambers yes- Pryce said the use of the Indian Child Wel- (age 42) birth grandmother, had decided to terday, Henning would say only that he had fare Act in the case is ‘‘contrary not only to June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6025 the best interests of the children, but to the I submit for the RECORD the follow- no doubt he deliberately timed the an- original intentions of the legislation.’’ ing: nouncement as a show of independence and The act was approved in 1978 after congres- fortitude on the eve of his meeting with Mr. COUSTEAU REGRETS CHIRAC DECISION ON sional investigators found that as many as 35 Clinton and the forthcoming G–7 summit in NUCLEAR TESTS percent of Indian Children were being adopt- Halifax, Nova Scotia. ed away from their homes, usually by white PARIS, June 14.—French oceanographer ‘‘It’s clear Chirac wanted to make a thun- adoptive parents. Jacques-Yves Cousteau voiced regret on derous arrival on the international stage,’’ Legislation introduced by Pryce and com- Wednesday over President Jacques Chirac’s said Jean-Michel Boucheron, a Socialist panion legislation introduced by U.S. Sen. decision to resume nuclear testing in the Pa- Party defense expert. ‘‘I would have pre- John Glenn, D–Columbus, would have cific Ocean and said atomic weapons should ferred his first message to the world to be a amended the law to prevent tribes, from be- be outlawed. message of peace, rather than a slap in the stowing retractive membership as it relates ‘‘It is regrettable that France has given in face to 178 countries that signed the Non- to adoption cases. to out-dated arguments,’’ Cousteau, 85, said Proliferation Treaty.’’ The amendments were stalled after a flur- in a statement. Mr. Chirac’s premier, Alain Juppe, went ry of opposition from American Indian ‘‘Great wars are of the past. The struggle before the National Assembly to defend the groups, who testified that the law challenges for peace is carried out first and foremost test decision. the sovereignty of American Indians. through education and the restoration of ‘‘France’s vital interests prevail over all f morality,’’ he said. ‘‘Today’s wisdom makes other considerations, even of diplomatic na- it necessary to outlaw atomic arms.’’ ture,’’ Mr. Juppe said, ‘‘France will maintain FRENCH NUCLEAR TESTING Chirac announced in Paris on Tuesday that a credible and sufficient deterrent force.’’ France would hold eight tests at its South (Mr. FALEOMAVAEGA asked and Mr. Chirac, at his first news conference Pacific site, ending them next May in time since taking office May 17, said Tuesday that was given permission to address the to sign a comprehensive test ban treaty. France would abandon its 1992 moratorium House for 1 minute and to revise and Cousteau, who regularly tops opinion polls on nuclear testing and conduct eight more extend his remarks and to include ex- as France’s most popular personality, has tests between September and May. He prom- traneous material.) been a vigorous campaigner against the ised France would halt all tests by May 1996 Mr. FALEOMAVAEGA. Mr. Speaker, French nuclear industry and marine pollu- and sign a treaty banning such testing. how ironic that one of the world’s most tion. He once considered running for presi- Mr. Chirac’s predecessor; Socialist Fran- celebrated marine scientist, who over dent on a radical ecology ticket. cois Mitterrand, suspended France’s testing the years came to the shores of many program in 1992, promoting Russia, the Unit- [From the Washington Times, June 15, 1995] ed States and Britain to follow. China had of the South Pacific islands and other been the only nuclear power to continue ex- countries and preached to us the gospel CHIRAC’S NUCLEAR TESTS SEND MESSAGE OF DEFIANCE perimental nuclear blasts. of conservation and to preserve all Russia said that the move could jeopardize PARIS—By timing his decision to resume forms of marine life. He is none other international disarmament agreements. French nuclear tests on the eve of his first But Mr. Juppe brushed aside the criticism, than the Frenchman oceanographer presidential visit to Washington and a Group Jacques–Yves Cousteau. Jacques saying France shouldn’t heed complaints of Seven summit, President Jacques Chirac from powers that have conducted ‘‘10 times Cousteau told millions of people sent a clear message that France is a major throughout the world to save the more tests’’ over the years. power with a world role. Mr. Juppe said Mr. Mitterrand’s suspension whales; Jacques Cousteau told the But his defiant decision to resume nuclear of testing three years ago was ‘‘premature,’’ world to preserve the precious reefs testing drew outrage from every corner of disrupting efforts to develop computer sim- and corals that surround most of the the world yesterday as Mr. Chirac’s month- ulation technology that would permanently Pacific islands; Jacques Cousteau told old government serenely insisted the na- end the need for tests. tion’s ‘‘vital interests’’ override diplomatic France has no plans to develop new nuclear the world how important plankton is niceties. which is the life source of all marine weapons or change nuclear strategy and South Pacific nations near the Polynesian seeks only to verify the safety of existing life. atoll testing site accused France of ‘‘flagrant But now, Mr. Speaker, we have an- weapons while advancing toward simulation disregard.’’ New Zealand and Australia said technology, Mr. Juppe said. other Frenchman named Jacques they would freeze military relations. Moscow Domestically, ecologists and leftist politi- Chirac, who happens to be the Presi- and Washington were critical. cal groups assailed Mr. Chirac. ‘‘You are the dent of France—and is now telling the In the grand tradition of Gen. Charles de shame of France,’’ said an open letter to Mr. world—the heck with you 27 million Gaulle, the leader of wartime Free France Chirac from Bernard Clael, a popular novel- people and an additional 1.5 million and father of the French atom bomb, Mr. ist whose works stress environmental Chirac was asserting himself as the leader of themes. American citizens who live in the Pa- a pocket superpower with global interests cific Ocean—we’re going to explore and defying the United States. f eight nuclear bombs starting this Sep- Analysts said that Mr. Chirac had served THE BARBARIC METHODS OF tember. Mr. Speaker, these are not de- notice that President Clinton would be deal- vices, they are nuclear bombs. ing with a French leader determined to as- ABORTION I ask the good people of France, have sert French and European interests in a (Mr. SMITH of New Jersey asked and you no conscience toward the lives, the ‘‘rebalanced’’ Atlantic partnership. was given permission to address the health, and safety of some 28 million Le Monde diplomatic analyst Daniel House for 1 minute and to revise and men, women, and children who live in Vernet called it ‘‘the desire to return to extend his remarks and include extra- Gaullist gestures.’’ the Pacific region? ‘‘The message to the world and to the Na- neous material.) Mr. Speaker, I say to the good people tion is the same: asserting his willpower, au- Mr. SMITH of New Jersey. Mr. of France—you have already exploded thority and ability to take decisions that Speaker, the dirty secret of the pro- almost 200 nuclear bombs in the South are, naturally, ‘irrevocable.’ It is a way of abortion movement is the method of Pacific—now you want to explode 8 notifying Mr. Clinton before he arrives in abortions themselves. More than two more nuclear bombs. Isn’t it logical, Washington that the president means to ex- decades after Roe the Nation remains Mr. Speaker, that the Chinese should ercise his powers fully,’’ political commenta- woefully uninformed concerning the now be given an open invitation to ex- tor Philippe Alexandre said. violent and abusive methods routinely The same determination was clear in Mr. used to kill unborn babies. The abor- plode 174 nuclear bombs to catch up Chirac’s energetic role in Bosnia, spearhead- with France; and that countries like ing the creation of a rapid-reaction force tion industry has cleverly sanitized India, Pakistan, Iraq, North Korea, and with Britain to protect U.N. peacekeepers and marketed abortion with an endless Iran should now be justified for each of and summoning Defense Security William stream of euphemisms. In abortion these countries to also explode 208 nu- Perry to Paris to approve it, while ignoring mills throughout the land abortionists clear bombs to catch up with France. NATO. dismember kids with razor blade tipped And yes, let’s let France explode 900 A remark during Mr. Chirac’s first tele- knives connected to suction machines more nuclear bombs in order to catch vision news conference Tuesday summed up or inject deadly poisons into the child. his approach. ‘‘I think the Atlantic Alliance Today hearings begin in the Commit- up with the United States. does not have a leader,’’ he said. Mr. Speaker, what madness. Mother Mr. Chirac flew to Washington for his first tee on the Judiciary to outlaw what is Earth is hurting and crying, and man is summit with Mr. Clinton, enjoying solid known as partial birth abortions. Here going to be held accountable for this backing from his conservative government. is how the originator of this terrible madness. Politicians and commentators said there was method of abortion describes it: H 6026 CONGRESSIONAL RECORD — HOUSE June 15, 1995 After delivering most of the baby he the cervix, the surgeon then forces the to pay off the Federal debt at that time says the surgeon then takes a pair of scissors into the base of the skull. Hav- in 16 years. That meant that he blunt, curved, Metzenbaum scissors in ing safely entered the skull, he spreads thought it prudent not just to balance the right hand. He carefully advances the scissors to enlarge the opening. the budget, but run enough of a surplus the tip, curved down, along the spine The surgeon removes the scissors and to pay off the debt. and under his middle finger until he introduces a suction catheter into this If you consider the real problem, the feels it contact the base of the skull hole and evacuates the skull contents. serious problem, that we not only have under the tip of his middle finger. The f to balance the budget, but the fact is surgeon then forces the scissors into we have an actuarial debt in Medicare the base of the skull. Having safely en- SPECIAL ORDERS of an estimated $8 trillion, we have an tered the skull, he spreads the scissors The SPEAKER pro tempore (Mr. actuarial debt in Social Security of an and then they suck the brains out of HAYWORTH). Under the Speaker’s an- additional $5 trillion, we have an actu- that baby. nounced policy of May 12, 1995, and arial debt of what we owe Federal re- Mr. Speaker, this is barbaric. This under a previous order of the House, tirees, the pension plans for Federal legislation would outlaw this egre- the following Members will be recog- workers and military workers, of an es- giously barbaric procedure. nized for 5 minutes each. timated $1.5 trillion additional. It is se- The surgical assistant places an f rious. ultrasound probe on the patient’s abdo- I am delighted the President has men and scans the fetus, locating the The SPEAKER pro tempore. Under a previous order of the House, the gen- come to the forum. But now we need to lower extremities. This scan provides decide if he is going to actually give us the surgeon information about the ori- tleman from California [Mr. RIGGS] is recognized for 5 minutes. the details of those budget reductions entation of the fetus and approximate and cuts so that we can incorporate location of the lower extremities. The [Mr. RIGGS addressed the House. His those ideas into our thinking as we tranducer is then held in position over remarks will appear hereafter in the proceed with this budget resolution. Extensions of Remarks.] the lower extremities. You know, the pain we are hearing The surgeon introduces a large grasp- f about when the President says it is too ing forcep, such as a Bierer or Hern, The SPEAKER pro tempore. Under a painful to balance the budget in 7 years through the vaginal and cervical canals previous order of the House, the gen- is political pain, involved in admitting into the corpus of the uterus. Based tleman from Illinois [Mr. LIPINSKI) is to reality. As the great 19th century upon his knowledge of fetal orienta- recognized for 5 minutes. French political philosopher, Frederic tion, he moves the tip of the instru- [Mr. LIPINSKI addressed the House. Bastiat told us, government cannot ment carefully towards the fetal lower provide what it does not contain. extremities. When the instrument ap- His remarks will appear hereafter in The only way government can give pears on the sonogram screen, the sur- the Extensions of Remarks.] you $1 of health care services is to take geon is able to open and close its jaws f that $1 from your neighbor in taxes. to firmly and reliably grasp a lower ex- THE PRESIDENT’S BUDGET There is no such thing as Federal tremity. The surgeon then applies firm money that can be handed out by 435 traction to the instrument causing a The SPEAKER pro tempore. Under a Congressmen and 100 Senators. If the version of the fetus (if necessary) and previous order of the House, the gen- Federal Government does not tax your pulls the extremity into the vagina. tleman from Michigan [Mr. SMITH] is neighbor to get that dollar, then it has By observing the movement of the recognized for 5 minutes. the option to borrow it from that lower extremity and version of the Mr. SMITH of Michigan. Mr. Speak- neighbor or print the dollar. If the Gov- fetus on the ultrasound screen, the sur- er, thank you very much. ernment borrows the dollar, then your geon is assured that his instrument has Last night President Clinton un- neighbor cannot use it to buy a ma- not inappropriately grasped a maternal veiled his second budget of this year. chine or go to school or to buy a car or structure. This budget aims to balance the Fed- With a lower extremity in the va- eral budget 10 years from now. This to buy a home and to make more pro- gina, the surgeon uses his fingers to de- means that if you know any third grad- ductive workers and an expanded econ- liver the opposite lower extremity, ers, that third grader will be graduated omy in the United States. If the Gov- then the torso, the shoulders and the from high school and the budget still ernment prints the dollar, then the upper extremities. will not be balanced. savings of your elderly neighbor has The skull lodges at the internal cer- It also means that we hope that a gone down in value, which is taxing by vical os. Usually there is not enough decade from now we are going to really inflation. dilation for it to pass through. The balance the budget. I mean, if a politi- We must admit that Medicare is fetus is oriented dorsum or spine up. cian told you today that we are not going bankrupt, as well as Social Secu- At this point, the right-handed sur- going to balance the budget now but we rity, and that Medicaid is bankrupting geon slides the fingers of the left hand are going to balance it in 10 years, I States as well as the Federal Govern- along the back of the fetus and wonder how many of the American peo- ment. To say that it is too painful to ‘‘hooks’’ the shoulders of the fetus with ple would believe that promise. balance the budget only makes sense if the index and ring fingers (palm down). Remember, the President did not say you think that government has the Next he slides the tip of the middle fin- the debt would be paid off. He said if all right to your earnings and will just ger along the spine towards the skull goes well, we will stop adding to the leave you with whatever is left over while applying traction to the shoul- debt rate. Put it this way: Does it not after the politicians divide it up among ders and lower extremities. The middle all sound a little ludicrous? Do we real- the people who have political access or finger lifts and pushes the anterior cer- ly think that Congress will balance the political pull. vical lip out of the way. budget 10 years from now? We just can- Let us follow in the footsteps of While maintaining this tension, lift- not do it today, and therefore we have Thomas Jefferson and force the politi- ing the cervix and applying traction to to put it off for 10 years? cians to admit that the emperor, in the shoulders with the fingers of the President Clinton is saying we will this case the Federal Government, has left hand, the surgeon takes a pair of not pay you back 10 years from now, no clothes, has no dollars. We cannot blunt curved Metzenbaum scissors in but we are going to stop and make the exist by using Government as a mecha- the right hand. He carefully advances promise today that we will not be bor- nism to engage in stealing from each the tip, curved down, along the spine rowing money 10 years from now. The other. We must as individuals recog- and under his middle finger until he President has said that it would be too nize our responsibility towards the less feels it contact the base of the skull painful to bring the budget into bal- fortunate, the sick and the elderly. under the tip of his middle finger. ance in less than 10 years. Governments cannot be charitable. Reassessing proper placement of the Now, remember that Thomas Jeffer- They can only redistribute under force. closed scissors tip and safe elevation of son, while President, introduced a plan I have faith in the American people and June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6027 their willingness to provide true altru- and especially countries like India, resumption of testing include Russia, ism. Pakistan, North Korea, Iraq, and Iran Australia, New Zealand, Japan, Fiji, f is—the nuclear powers in the name of Austria, and Norway. The 15 island nations which comprise The SPEAKER pro tempore. Under a national interest are more than willing the South Pacific Forum have also previous order of the House, the gentle- to undermine the NPT, and their com- mitment to nuclear nonproliferation stated their objection to resumed test- woman from Ohio [Ms. KAPTUR] is rec- ing, noting that it would be a major ognized for 5 minutes. and disarmament is suspect. The French Government is also sending the setback to relations between France [Ms. KAPTUR addressed the House. message that it does not care about the and the region. These South Pacific na- Her remarks will appear hereafter in concerns of some 27 million people who tions are members of the South Pacific the Extensions of Remarks.] live in the South Pacific region—and Nuclear Free Zone Treaty [SPNFZ] and f we should also add some 1.5 million have consistently supported all inter- The SPEAKER pro tempore. Under a Americans who live in the State of Ha- national efforts to prevent and termi- previous order of the House, the gen- waii, Guam, the Northern Marianas, nate nuclear proliferation. tleman from Texas [Mr. DELAY] is rec- and American Samoa. The people of the South Pacific want ognized for 5 minutes. Mr. Speaker, what the French Gov- nothing to do with nuclear weapons. [Mr. DELAY addressed the House. His ernment is saying is we’re going to ex- They know firsthand of the horrors of remarks will appear hereafter in the plode eight nuclear bombs in the mid- nuclear testing and have agreed Extensions of Remarks.] dle of the South Pacific Ocean—and amongst themselves to keep their part of the planet nuclear-free. Isn’t it iron- f there is nothing you can do about it. Mr. Speaker, I cannot believe for a ic that the region is about to become The SPEAKER pro tempore. Under a minute that the citizens and the good not nuclear-free, but a nuclear hazard. previous order of the House, the gen- people of France want its government This is not happening by the choice of tleman from New York [Mr. OWENS] is to explode nuclear bombs that will the 27 million people of the South Pa- recognized for 5 minutes. have tremendous negative impact upon cific, but through the arrogance of a [Mr. OWENS addressed the House. the marine environment of the Pacific European world power, again playing His remarks will appear hereafter in Ocean. I cannot believe the good people the role of a colonial master to the det- the Extensions of Remarks.] of France will permit their government riment of peaceful citizens on the other f to exercise poor judgment on such an side of the world. The SPEAKER pro tempore. Under a important and critical international In announcing France’s intent to re- previous order of the House, the gen- issue as nonproliferation of nuclear sume nuclear bomb testing, President tleman from Michigan [Mr. EHLERS] is weapons. Mr. Speaker, what a rep- Chirac has asserted that exploding the recognized for 5 minutes. rehensible display of arrogance of series of nuclear bombs is environ- mentally safe. Mr. Speaker, we have all [Mr. EHLERS addressed the House. power by a major European country seen the results of the nuclear explo- His remarks will appear hereafter in that loves to expound upon moral prin- sions during World War II and the dev- the Extensions of Remarks.] ciples of human rights, protection of the environment, and due fairness and astation they wreaked. Today’s bombs f equity to all of humanity. are many times more powerful. FRENCH NUCLEAR TESTING—NO. 3 Instead of complying with the spirit France’s testing program is to involve of the nuclear Nonproliferation Treaty, the detonation of eight nuclear bombs, The SPEAKER pro tempore. Under a France has said, in effect, we still want almost one a month, all under one previous order of the House, the gen- to ban nuclear testing, we really do, small, coral atoll. How many tons of tleman from American Samoa [Mr. but not just yet. We want to get every dead fish and countless other marine FALEOMAVAEGA] is recognized for 5 possible advantage we can from our life are going to be sacrificed this minutes. testing program before we stop our time? What about the safety and Mr. FALEOMAVAEGA. Mr. Speaker, tests. So please just ignore these eight health conditions of the Polynesians I rise today in strongest opposition to nuclear bomb explosions, then next living in the surrounding islands? France’s announced resumption of ex- year we will sign a treaty to stop fur- My question to President Chirac is, if ploding nuclear bombs in the South Pa- ther testing. the testing is so safe, why are the cific. Mr. Speaker, I suspect that the mili- bombs being exploded in the South Pa- After decades of work, and through tary establishment of every nuclear cific—so far away from France? Why the efforts of peoples of divergent power wants to perform more tests of were France’s early nuclear bomb ex- countries throughout the world, we weapons from their nuclear arsenals to plosions conducted in Algeria? Why not are, or at least we were, moving toward ensure the reliability of their systems. detonate these bombs under French a common goal of removing nuclear But the fact is all of the nuclear pow- soil? If they are so safe, why not ex- weapons from the face of this planet. ers, except China, have given up this plode these bombs under Paris? Last month, the United States, France, benefit and stopped testing programs Mr. Speaker, the explosions of ther- and the major nuclear powers promised in the interest of making the world a monuclear bombs are not safe. It is not over 170 non-nuclear nations that the safer place to live. The United States safe for people, it’s not safe for animals nuclear powers would exercise ‘‘utmost has stopped its testing program be- or plants, and it’s not safe for the envi- restraint’’ with regard to nuclear test- cause it could derive no more benefit ronment. Nuclear bombs have only one ing and work toward a comprehensive from further tests; it stopped testing to purpose, they were created to slaughter test ban treaty. Despite reservations, encourage other countries to cease people, but the result is to annihilate these commitments were accepted at their testing. It is only through leader- everything. We all know they are ex- face value by the non-nuclear nations, ship such as this that we can hope to tremely hazardous. We all know the which are the vast majority of the rid our planet of the most dangerous reason France explodes its bombs in countries of the world, and it was only weapon mankind has devised—the only French Polynesia and not in France. with their support that permanent ex- weapon we have created that can de- It’s the same reason the United States tension of the Nuclear Non-Prolifera- stroy every form of life as we know it. early on conducted its tests in the Pa- tion Treaty [NPT] was gained. Mr. Speaker, I want to comment cific—the bombs are extremely dan- Following in the footsteps of China’s President Clinton and his administra- gerous, and no one wants to subject nuclear detonation right after the tion for standing by its commitment to their homeland to this danger, if they NPT’s renewal, a testing resumption continue this country’s ban on nuclear have a choice. by France would confirm the ugliest bomb testing, and I also want to com- Mr. Speaker, I want to appeal to the fears of the non-nuclear nations. The mend the United Kingdom for its state- people of France to tell their govern- implications are quite obvious, and ment committing to maintain its ban ment and their President to stop this what the French Government is now also. Other governments which have al- insanity, stop this renewal of the saying to the international community ready spoken in opposition to France’s threat of global destruction. President H 6028 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Chirac does not have to prove France is categorize and refine the global testing 100 pounds. The Russians want to test at a world military power. Everyone ac- record. On December 7, 1993, U.S. Energy yields of at least 10 tons, the French to lev- knowledges that. France already has Secretary Hazel O’Leary divulged that there els of 100–200 tons, and the Chinese report- the third largest nuclear weapons had been 204 ‘‘secret’’ (unannounced) tests edly up to 1 kiloton. There is general consen- from 1968 to 1990. On June 27, 1994, O’Leary sus among scientists that tests with yields of stockpile and the fourth largest Navy released further information, adding three a few tons or more would be of substantial in the world. In the post-cold-war era, more to the list and bringing the total num- value to proliferators, and would begin to be who does France fear or seek to deter ber of tests to 1,054. (The two combat uses at of value to nuclear weapon states in develop- by further testing and additions to its Hiroshima and Nagasaki are not included, ing new weapons. nuclear arsenal? Now is the time for but 24 joint tests with Britain are.) Russia has yet to publish a definitive list France to use its strength to show real The reason for the additions had to do with of all of its tests, but some new information world leadership, not national insecu- the definition of a nuclear ‘‘test.’’ The Unit- has been supplied to the authors about as- ed States defines a test—for purposes of the rity. pects of their test program. According to above count—as either a single explosion, or this private information, the Soviet Union/ The true leaders of the world are two or more explosions fired within 0.1 sec- Russia has conducted approximately 1,100 leading the way toward peace and sta- ond of each other within a circular area 2 discrete device detonations. bility by not testing or using nuclear kilometers in diameter. On further analysis Of these, nearly 1,000 produced yields bombs. China, North Korea, Iran, and of the record, the Energy Department found greater than one ton. In line with the thresh- Iraq are leading the way also. Their di- that three explosions had been detonated old definition used by the United States, rection is toward a more unstable, vio- more than 0.1 second apart from a nearly si- Russia counts these 1,000 as 718 ‘‘tests.’’ Most lent, and dangerous world. I do not multaneous explosion, and therefore should of the other 100 or so—those below one ton— be counted as separate tests. were hydronuclear experiments with yields want to include France in the list with More light was shed on the practice of si- these countries, but if it resumes its under 100 kilograms. Until we have a fuller multaneous explosions as well. Sixty-three accounting of these, and an agreed-upon defi- testing, I am afraid I must. tests involved more than one explosive de- nition of a test, the accompanying table re- Mr. Speaker, our future lies not in vice, and were fired within 0.1 second or less mains incomplete. thermonuclear bombs; our future lies of each other. These 63 tests involved 158 det- TEST LOCATIONS in peace. I urge President Chirac and onations resulting in 95 additional explosions the people of France—do not renew that are not counted as tests. One test used The five declared nuclear powers have ac- knowledged conducting a total of 2,036 nu- your nuclear testing program—do not six nuclear explosive devices, two used five, four used four, 14 used three, and 42 used two clear tests since 1945; 942 of these have taken explode any more thermonuclear devices. place within the continental United States, bombs—join with the rest of the world Those conducted in a single vertical shaft making it by far the most common testing by putting pressure on China to stop are sometimes referred to as the ‘‘string of location. The tests in Kazakhstan include its testing and putting pressure on pearls.’’ In other tests there were two or those at the Semipelatrek test site and 26 North Korea, India, Pakistan, Iraq, more drilled shafts separated by a consider- Peaceful Nuclear Explosions (PNE’s). The Iran and Israel to stop development of able distance with one device in each hole. tests in Russia include 132 at Novaya these horrible weapons. The new official total of 1,054 ‘‘tests’’ thus Zemlya, 81 PNE’s, and one at Totak. Islands and atolls in the Pacific were the location of Mr. Speaker, the welfare of the South involved the detonation of 1,149 discrete nu- clear explosive devices. 306 tests conducted by the United States, Pacific’s 27 million people and its frag- Another refinement of the data was a clari- Britain, and France. ile marine environment should not be fication of the number of safety experiments. Nevada ...... 935 the sacrifice paid in the name of For many years the number had been listed Kazakhstan ...... 496 France’s paranoia about nuclear deter- as 34. After review, 54 tests that had pre- Russia ...... 214 rence. viously been described as weapons-related Mururoa Atoll ...... 1 175 [From the Bulletin of the Atomic Scientists, were added to the safety category, bringing Enewetak ...... 43 May/June 1995] the new total to 88. China (Lop Nur) ...... 41 An additional number of hydronuclear Christmas Island ...... 30 KNOWN NUCLEAR TESTS WORLDWIDE, 1945–1994 tests were conducted during the 1958–1961 Bikini ...... 23 China was the only nation that tested nu- testing moratorium. Los Alamos acknowl- Algeria ...... 17 clear devices during 1994. China conducted edges that they conducted 35 such tests at Johnston Island ...... 12 its first test on June 10, and another on Oc- Los Alamos beginning in January 1960. tober 7. The United States last tested on Livermore conducted a smaller number of Australia ...... 12 September 23, 1992; the Soviet Union on Oc- hydronuclear tests (we estimate about 15) at Fangataufa Atoll ...... 12 tober 24, 1990; Britain on November 26, 1991; the Nevada Test Site. Pacific Ocean ...... 4 and France on July 15, 1991. During the 34- This data is more than merely a historical Malden Island ...... 3 month November 1958–September 1961 mora- curiosity. The question of safety experi- South Atlantic Ocean ...... 3 torium, the United States, Britain, and the ments and hydronuclear tests are a conten- Alaska ...... 3 Soviet Union did not test, but the French tious issue at the comprehensive test ban ne- New Mexico ...... 3 conducted their first four tests during this gotiations in Geneva. Some would prefer a Mississippi ...... 2 period. As of April 1, 1995, the current mora- ban on all types of nuclear experimental ac- Colorado ...... 2 torium has lasted 30 months (except for four tivity, while others want some kinds to be Ukraine ...... 2 Chinese tests). permitted—and they differ as to what size Uzbekistan ...... 2 Since last year’s update (May/June 1994 yield to allow. Turkmenistan ...... 1 Bulletin), the release of more information The U.S. position is to limit the experi- India ...... 1 about the nuclear testing programs of the ments to four pounds of nuclear yield. Brit- 1 Assumes the 12 French safety tests were con- United States and Russia continues to re- ain—for reasons not altogether clear—favors ducted at Mururoa.

United States Soviet Union Britain France China Year Total A U A U A U A U A U

1945 ...... 1 0 0 0 0 0 0 0 0 0 1 1946 ...... 2 0 0 0 0 0 0 0 0 0 2 1947 ...... 0 0 0 0 0 0 0 0 0 0 0 1948 ...... 3 0 0 0 0 0 0 0 0 0 3 1949 ...... 0 0 1 0 0 0 0 0 0 0 1 1950 ...... 0 0 0 0 0 0 0 0 0 0 0 1951 ...... 15 1 2 0 0 0 0 0 0 0 18 1952 ...... 10 0 0 0 1 0 0 0 0 0 11 1953 ...... 11 0 5 0 2 0 0 0 0 0 18 1954 ...... 6 0 9 0 0 0 0 0 0 0 15 1955 ...... 17 1 6 0 0 0 0 0 0 0 24 1956 ...... 18 0 8 0 6 0 0 0 0 0 32 1957 ...... 27 5 18 0 7 0 0 0 0 0 57 1958 ...... 62 15 35 0 5 0 0 0 0 0 117 1959 ...... 0 0 0 0 0 0 0 0 0 0 0 1960 ...... 0 0 0 0 0 0 3 0 0 0 3 1961 ...... 0 19/1 52 1 0 0 1 1 0 0 65 1962 ...... 39 55/2 71 1 1 12 0 1 0 0 171 1963 ...... 4 41/2 0 0 0 0 0 3 0 0 50 1964 ...... 0 39/6 0 10 0 2 0 3 1 0 61 1965 ...... 0 37/1 0 2 10/4 0 1 0 4 1 0 58 1966 ...... 0 44/4 0 16/2 0 0 5 0 3 0 75 June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6029

United States Soviet Union Britain France China Year Total A U A U A U A U A U

1967 ...... 0 39/3 0 16/1 0 0 3 0 2 0 64 1968 ...... 0 52/4 0 14/4 0 0 5 0 1 0 80 1969 ...... 0 45/1 0 14/4 0 0 0 0 1 1 66 1970 ...... 0 38/1 0 11/3 0 0 8 0 1 0 62 1971 ...... 0 23/1 0 16/7 0 0 5 0 1 0 53 1972 ...... 0 27 0 17/8 0 0 3 0 2 0 57 1973 ...... 0 23/1 0 12/5 0 0 5 0 1 0 47 1974 ...... 0 22 0 17/4 0 1 7 0 1 0 4 53 1975 ...... 0 22 0 17/2 0 0 0 2 0 1 44 1976 ...... 0 20 0 18/3 0 1 0 4 3 1 50 1977 ...... 0 20 0 18/5 0 0 0 8 1 0 52 1978 ...... 0 19 0 22/7 0 2 0 8 2 1 61 1979 ...... 0 15 0 24/8 0 1 0 9 1 0 58 1980 ...... 0 14 0 20/5 0 3 0 13 1 0 56 1981 ...... 0 16 0 16/5 0 1 0 12 0 0 50 1982 ...... 0 18 0 12/9 0 1 0 9 0 1 50 1983 ...... 0 18 0 19/9 0 1 0 9 0 2 58 1984 ...... 0 18 0 18/11 0 2 0 8 0 2 59 1985 ...... 0 17 0 10/2 0 1 0 8 0 0 38 1986 ...... 0 14 0 0 0 1 0 8 0 0 23 1987 ...... 0 14 0 20/6 0 1 0 8 0 1 50 1988 ...... 0 15 0 14/2 0 0 0 8 0 1 40 1989 ...... 0 11 0 8 0 1 0 8 0 0 28 1990 ...... 0 8 0 1 0 1 0 6 0 2 18 1991 ...... 0 7 0 0 0 1 0 6 0 0 14 1992 ...... 0 6 0 0 0 0 0 0 0 2 8 1993 ...... 0 0 0 0 0 0 0 0 0 1 1 1994 ...... 0 0 0 0 0 0 0 0 0 2 2 Total ...... 215 815 207 508 21 24 45 3 147 23 18 42,036 1 All British underground tests were conducted in the United States. 2 Numbers after ‘‘/’’ represent Soviet or U.S. peaceful nuclear explosions. 3 12 French safety tests not identified by date are not included here; however, they have been added to the grand total. 4 Includes one underground explosion by India on May 17, 1974. Note.—A=atmospheric; U=underground.

b 1600 time or another. The point is, he did through premiums, deductibles, The SPEAKER pro tempore. Under a the right thing. medigap insurance and other things previous order of the House, the gen- There is not a Member of this House about 25 percent of the cost. that in their heart of hearts believes tleman from Mississippi [Mr. MONT- At the end of the Republican budget, that we can balance the budget and GOMERY] is recognized for 5 minutes. we will have raised Government spend- continue to let entitlements rise as ing nearly $2,000 per individual, but at [Mr. MONTGOMERY addressed the rapidly as we have in the past. the present rate of increase of health House. His remarks will appear here- Entitlements are nearly 48 percent of care costs, that will only be enough to after in the Extensions of Remarks.] this budget, and interest on the debt is cover, let us say, 70 percent of the f another 20 percent. We are running this costs. entire country, defense, transpor- BUDGET NEGOTIATIONS tation, environment, energy, edu- So the percentage of costs, the per- The SPEAKER pro tempore. Under a cation, justice and law enforcement, centage of costs to the individual will previous order of the House, the gen- housing, commerce, agriculture, have risen from the present 25 percent tleman from Illinois [Mr. POSHARD] is science, space and technology, the op- to 30 percent of the cost. recognized for 5 minutes. eration of government itself on barely Are we going to spend more? Yes. But Mr. POSHARD. Mr. Speaker, I rise to 30 cents of every tax dollar that is sent are seniors going to have to pay a larg- support and encourage the President to this Congress. er percentage of the total cost? Yes. for coming forward with his budget I may not agree with the President’s proposal. I have heard the comments budget entirely. I do not agree with But is a slight increase in the per- flying around here the past couple of any budget entirely. I voted for the centage of cost accruing to the Medi- days, comments which are critical of moderate Democrat budget which I care recipient reasonable to ask if it his decision. Some from the Republican think is still a reasonable alternative. saves the Medicare system? I say yes. Party insist that he came into the de- It deals fairly with reducing the Do the seniors and others who depend bate late and, therefore, must be dis- growth of entitlements and delays any upon Medicare have a right to ask us ingenuous in his motives. Some from tax cut considerations in favor of cut- to keep these percentage increases as the Democrat Party feel they have ting spending first. This is the path I low as possible? Of course they do. If been betrayed because his budget em- would take, but the important thing keeping those percentage cost in- braces a slowdown in the growth of now is to encourage the President, to creases as low as possible means fore- Medicare and other entitlements. encourage the Speaker and the minor- going some or all of the proposed tax Mr. Speaker, I think the President ity and the majority leaders to sit breaks, should we not be willing, as did exactly the right thing. Let me re- down and reason together. both Democrats and Republicans, to do mind everyone in this House, this is Mr. President, Mr. Speaker, I plead that? I think we should. not the first step the President has with you, do not let the Medicare de- But the important thing is this: Un- taken to balance the budget. He took bate kill our attempts to get to a bal- less we want this country to wallow the first step 2 years ago when he sub- anced budget. Here is the truth. Demo- perpetually in debt and slowly watch mitted a budget that was filled with crats say Republicans are cutting Med- that debt erode and then steal our chil- tough choices, a budget which has cut icare. Republicans say we are only dren’s future, we must do the right over $200 billion from the deficit in 2 slowing down the rate of increase of thing here in passing a balanced budg- years and has contributed to outstand- growth. What is the truth? et. ing economic growth in this country. The truth is they are both right, but About one-half of the Members of neither will tell the whole story. Under I encourage the President and Speak- this body did not even come to the the Republican budget, Government er GINGRICH to sit down with the ma- table on that budget, and now they spending on Medicare will increase jority leader and minority leader to de- want to criticize the President for com- from about $4,500 per individual to velop a budget this country and this ing to the table late on this budget. $6,400 per individual. That is an in- Congress can be proud of, a budget that I am not worried about the President crease in real dollars. But right now reconciles our differences, a budget coming to the table late. There is not that $4,500 represents, let us say, 75 that allows us to go home and look our a Member of this House that could not percent of the health care cost of the children in the eye and say that we did be challenged on that point at some individual, and the individual pays the right thing in the worst of times. H 6030 CONGRESSIONAL RECORD — HOUSE June 15, 1995 GINGRICH-LITE Well, apparently it is because there are I have got to tell you, I believe that The SPEAKER pro tempore. Under a small cuts in the Republican budget, this $4.9 trillion debt is one of the great previous order of the House, the gen- even tinier cuts in Gingrich-Lite, the issues of our time. It is not just what I tleman from Oregon [Mr. DEFAZIO] is President’s budget. believe, it is what Republicans and recognized for 5 minutes. Corporate welfare? They are about even Democrats, grudgingly, alike have Mr. DEFAZIO. Mr. Speaker, the the same there, tiny, tiny cuts, an esti- to believe. Because we can talk about President’s revelation of his new budg- mated $40 to $50 billion that could eas- every single issue we want to talk et last night was actually quite re- ily be recaptured from the largest, about: talk about education, talk markable. Fiscal responsibility has fi- most profitable corporations in the about military issues, talk about the nally penetrated inside the Washing- world, many of them foreign corpora- environment, talk about the infra- ton, DC. Beltway. That is, Washington, tions who operate in this country with- structure, talk about health care, talk DC. has finally, the policymakers are out paying a cent in taxes except for about crime control. All of these issues now all in agreement that the massive the FICA taxes on their employees. are important. But if we are spending debt which will exceed $5 trillion in the They move their profits offshore, and more money on servicing the interest near future, about $17,000 for each and they take the money to the bank. on our huge $4.9 trillion debt than we every living American citizen from the The military? We just went through are spending on any of these programs, tiniest baby to the oldest senior citi- the Department of Defense markup then there obviously is a problem. zen, is a real problem and it must be here. We are looking at a massive in- About 50 percent of every man and dealt with. And we have to move to- crease in buildup in the military, a woman’s income tax is spent on servic- ward fiscal responsibility. That is the massive increase in buildup in star ing the debt. In a few years we are good news. wars, 10 more B–2 bombers at $1.5 bil- going to be spending more money on Apparently, the President was very lion each, more than the Pentagon it- servicing the national debt’s interest much affected by his joint appearance self requested. They said, Do not buy than we spent today on our defense with Speaker GINGRICH in New Hamp- more B–2 bombers. Transport planes, bill. shire last weekend, because his pro- the Pentagon did not ask for, sub- b 1615 posed budget is Gingrich-Lite, that is, marines that the Pentagon did not ask it has the same priorities, the same for, an increase, the President asked What does that mean? We are burn- misplaced priorities as the budget for an increase in the military of $25 ing money. We are throwing away more passed in this House 2 months ago, a billion over the next 7 years. And the money on interest on this national budget written essentially by Speaker Republican budget, $68 billion on top of credit card than we are protecting our GINGRICH and other senior Republicans. the President’s $25 billion. children and protecting our shores. The President has adopted those same Foreign aid, neither of them want to Again, it is time that the President priorities, the same mistakes and the touch foreign aid. That is a little bit comes to the table and says ‘‘Okay, I same peril to average Americans that too hot of a political potato, even with am going to step forward with a plan to is inherent in that budget. the new fiscal realities of Washington, balance the budget.’’ We certainly wel- They both start out balancing the DC. come him. The last speaker on the floor began budget by cutting taxes. Does that There is a better way to get a bal- his speech by saying ‘‘Fiscal sanity has make sense? If you are in the hole, is anced budget, a much better way. We finally penetrated the Beltway. The the first thing you do to cut your in- can do it without touching Medicare. President has now come to the table come? No, I do not think so. But that We can do it without slashing veterans’ with a balanced budget plan.’’ The fact is what the Republican budget, $350 bil- benefits, but we have to go after cor- of the matter is fiscal sanity pene- lion slanted heavily toward people porate agriculture big time, like $50 trated not only the Beltway but this earning over $100,000 a year and the billion cuts in their subsidies. We are entire country on the evening of No- largest, most profitable corporations, going to have to go after corporate wel- vember 8, 1994, when the Republican that is the Republican budget. fare and the large, most powerful mul- Party was swept into power on both Now, the President, certainly, it is tinational corporations that do not pay sides of Congress, where not a single better. It is only $93 billion in tax cuts, a penny of taxes in this country, we are Republican incumbent Governor, Con- and it is a little more targeted, cer- going to have to ask them to pay their gressman, or Senator from Alaska to tainly, to middle-income people. But fair share. Florida got voted out, and where Amer- still it is giving away revenue when Takes a little bit of will and guts, icans stood up and said ‘‘Enough is you are in the hole. This is not a time probably cuts big into the contribu- enough. We have been writing bad for tax cuts, if we are serious about tions of both a lot of Democrats and checks for 40 years. It is time for us to balancing the budget. Republicans. But if we do not do that, step forward and balance the budget.’’ Now we get to Medicare. The Ging- then we are going to gut programs that We got that message, came to Washing- rich Republican budget slashed Medi- are important to Americans instead of ton, tried to make a difference. care by $288 billion. They said, there going after fairness and equity and a are problems with Medicare; we have The President now claims to have balanced budget that meets the prior- also gotten that message, but I have to got to fix it. Of course, they do not tell ities and needs of this country. us what the fix is. They just tell us ex- tell the Members, it is kind of hard to actly how much we have to reduce ben- f figure out where he is on this issue and other issues at times. Let us follow his efits in order to fix it, and we will fig- THE BUDGET ure out later what it is we are doing. policy over the past few months. He It is a little bit like burning down The SPEAKER pro tempore. Under stated out by opposing the balanced the village to save it, as we did in Viet- the Speaker’s announced policy of May budget amendment. He worked over- nam a couple of decades ago. 12, 1995, the gentleman from Florida time to kill the constitutional amend- Now, the President, of course, is only [Mr. SCARBOROUGH] is recognized for 60 ment that would make Congress abide going to reduce Medicare by $125 bil- minutes as the designee of the major- by the same laws, and make Congress lion, Gingrich-Lite. But it still is a re- ity leader. abide by the same fiscal restraint that duction without a clear plan to deal Mr. SCARBOROUGH. Mr. Speaker, I middle class Americans have had to with the problems of Medicare. Veter- would like, as one Republican, to wel- abide by for over 200 years. ans? Gingrich, $9 billion; Gingrich-Lite, come the President of the United He said we did not need a balanced the Clinton budget, $6 billion. States finally to the great debate on budget amendment, that we could do it Corporate agriculture, subsidies for how we balance this country’s budget, on our own, we just needed a little bit large profitable corporate agriculture how we make Congress and the Federal of discipline. He succeeded in killing undertakings, like Sam Donaldson, a Government do what middle class the balanced budget amendment, which famous commentator, he gets $75,000 a Americans have had to do for over 200 over 70 percent of Americans sup- year not to grow sheep on a ranch he years, and that is spend only as much ported. What was his next step? After does not live on. Is that essential? money as they take in. he killed the bill and said we could do June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6031 it on our own, he then stepped forward What did we do? Congress stepped Congress gets elected a few years down and said ‘‘I changed my mind. This forward and passed a budget resolution the road, they get a little antsy and country really does not need a bal- that balances the budget in 7 years, say ‘‘We do not want to make these anced budget right now. It would be and more importantly, saves the Medi- cuts, so we are going to push these cuts too harmful.’’ care and Medicaid systems, makes off 5, 10 more years.’’ After a while it Then we went to Hew Hampshire in them solvent. They do not go bankrupt does not get balanced in 10 years, it May, and he said he would balance the by the year 2002. We stood up and said does not get balanced in 20 years, it budget; that he would step forward to the trustees ‘‘We hear you, we un- does not get balanced in 40 years, with a plan to balance the budget, that derstand your concerns. We cannot which has happened in Washington, it was important. Then he came back allow senior citizens to go unprotected. DC. from New Hampshire later on in May We cannot allow the poor to go unpro- It is just like his 1993 plan to reduce and said no, he changed his mind, he tected. We cannot allow them to be the deficit. He had massive tax in- really did not need to balance the harmed. We are going to step forward creases and marginal cuts. The tax in- budget right now. Then he went back with a balanced budget amendment creases, not only did they apply the up to New Hampshire. When he came that makes Medicare and Medicaid sol- very next year, he applied the tax in- back again from New Hampshire this vent beyond the year 2002, and far be- creases retroactively, so he got you week, he changed his mind again and yond into the future.’’ We did that. coming and he got you going. said ‘‘Yes, we are going to balance this The President of the United States What did he do on the spending cuts? budget.’’ attacked us, attacked us because, quite Those spending cuts were pushed 7 I have to tell you, his budget policy frankly, we were following the rec- years out, pushed to the end of the is as confusing as his policy on Bosnia ommendations of his own trustees: plan, because he knew, and cynical and other issues. In fact, the ranking ‘‘save the system.’’ Then he came out politicians around Washington, DC member of the Committee on Appro- with his budget. Did his budget follow have known for a long time, that if we priations, a Democrat from Wisconsin, the advice of the trustees? Did his push the cuts far enough out in the fu- said today in the Washington Post ‘‘If budget make Medicare and Medicaid ture, that new politicians will come to you do not like the President’s position solvent? No. It still goes bankrupt. Congress, and when they come to Con- on a certain issue, just be patient, wait Think about that. gress, we will not have to make those I cannot, for the life of me, imagine a few weeks, and watch. It will be sure tough cuts. That is the problem with running a business, and let us talk to change.’’ I am here today to tell the saying we are going to balance the about running government like we run Members that I certainly hope the budget in 10 years. We need to do it business, I cannot for the life of me President does not lose his attention now. We cannot go beyond 7 years. We think about running a business, bring- span on this issue, that he sticks with need to balance the budget now. ing in my top advisers and saying to it long enough to sit down at the table I certainly hope the President will them ‘‘You guys go out, you women go with Congressmen and Senators and shorten his timeframe. out and tell me about the health of our Third, and I think most importantly, Americans alike, and figure out a way business, of our company, tell us what Mr. Speaker, for our children in this to balance our budget. We have to do we need to do to make sure that we are country, I have great concerns about it. just as strong 10 years from now as we what the President of the United Mr. Speaker, I have two boys, one 7- are today,’’ and you send them out, you States said about education and edu- years-old and the other 4-years-old. give them money, you give them re- cation funding. As I said before, I have Both of my boys have about an $18,000 sources, you give them time, and they two boys. My 7-year-old is in the public debt on their heads already, as do all come back to you and they say ‘‘If we school system in Florida. My 4-year-old Americans, because of the $4.9 trillion do not make these changes, this com- will enter into the public school sys- debt this country is carrying. It is time pany is going under by the year 2002, in tem next year, so I have a personal for leadership from Washington. It is 7 years.’’ stake in the health and well-being of time for leadership from the White If somebody came back to me and our Nation’s schools. House. It is time for leadership from told me that, I would sit down, take a In fact, if our children are going to Congress, from the House and Senate. I long, hard look at it, and then I would enter the 21st Century workplace and certainly hope the President will sit act on it. That is something we have be able to compete with Japan and down and debate these issues in the done as a Congress when we passed the with Germany and other countries that coming months, and let us put dema- budget resolution. Unfortunately, the are in the G–7 that the President is goguery behind us, and let us do what President is not willing to make those speaking with today, we are going to is best for the American people. same steps. For the sake of our senior have to do better. We are Americans. That being said, I welcome him to citizens, for the sake of our poor who We can do better, but we are going to the table, but at the same time, I have depend on these programs, I ask the have to make sure and not in Washing- some real concerns about some of his President of the United States to step ton, D.C. We are going to have to make proposals. The first concern that I have forward and show some real courage sure that funding for your children’s concerns senior citizens. The President and show some real leadership, dare to education is made in your home town, of the United States several months make a difference, dare to enter into and not in Washington, D.C. We are ago got a report back from trustees the arena that Teddy Roosevelt talked going to have to make sure that fund- that studied the issue of Medicare and about, and allow himself to be blood- ing for your grandchildren’s education Medicaid. It is a dirty little secret in ied, if that is what it takes; expend a is made in your home town, and not be- Washington, DC that Medicare and few cents of political capital to help hind some bureaucrat’s walls in Wash- Medicaid is going bankrupt. The Presi- our senior citizens and to help our ington, D.C. dent got a commission working on it. poor. He has not done it yet, but I When the President of the United The trustees came back and told him think there is hope. He has come for- States says ‘‘We have to increase ‘‘Mr. President, if we do not do some- ward with a balanced budget proposal, spending on the Federal level,’’ all I thing about Medicare and Medicaid, it so let us see what happens. can do is sadly shake my head, because is going to go bankrupt in the year A second concern with the Presi- I know the history of our horrible ex- 2002.’’ dent’s budget is the fact that he says periment with the Federal Department Think about that. ‘‘We will have no ‘‘We can balance the budget in 10 of Education. I understand that it more money for Medicare and Medic- years.’’ Let me tell the Members some- started out as a back room deal be- aid. We will not be able to take care of thing, when we talk about a dirty little tween Jimmy Carter and the NEA’s our senior citizens. We will break the secret, the dirtiest secret in Washing- teacher’s union. sacred contract between generations ton, D.C. is what we do in the out years I understand that when it was set up, that we made with our senior citizens, when it comes to balancing the budget. this education bureaucracy was set up if you do not do something to reform Congress says ‘‘We are going to balance in 1980, that we were spending $14 bil- Medicare and Medicaid.’’ the budget in 10 years.’’ Then a new lion a year on our national education H 6032 CONGRESSIONAL RECORD — HOUSE June 15, 1995 bureaucracy. Today, that number has I carry with me a copy of the Con- that failed vision. We have tried it for exploded up to $33 billion. Let us make stitution of the United States. If you over a generation now and we are get- no mistake of it, I have children. I un- want to know what our Founding Fa- ting nowhere with it. We need to move derstand the importance of education. thers thought about education, all you beyond and dare to experiment, to dare It is at the top of my list on issues that need to do is read the Constitution of to give power back to the States and to are important in this country. How- the United States and specifically read the citizens where it belongs. ever, sending $33 billion to Washington, the 10th amendment. Mr. Speaker, I believe, like many D.C. for an education bureaucracy that In the 10th amendment, it states all Americans believe, that we can have 50 has failed over the past 15 years simply powers not specifically given to the State legislatures and Governors ex- is not the answer. Federal Government through the Con- perimenting with education reform and Look what has happened since 1980, stitution are reserved to the States and we will have 50 legislative laboratories since we went from spending $14 billion to the citizens. where only the strong ideas survive in- on this new agency to $33 billion in What does that mean? It means if it stead of being dictated from Washing- 1995. Test scores for reading and writ- does not say it in the Constitution, ton, DC by a bureaucracy that says. ing have plummeted, while funding has that this body, that this Congress, is ‘‘This is how you do it and if you don’t shot up for this bureaucracy. Test not permitted to spend money on it, is do it this way, we’re not going to send scores for arithmetic and science have not permitted to interfere in it, is not money back to your school commu- stagnated, while funding for this Fed- permitted to interfere in the education nities.’’ eral bureaucracy has skyrocketed. We of citizens’ children. That is why for al- ‘‘Oh, I understand we ripped money are not getting the best bang for our most 200 years we got by fine without out of your communities, we took buck. a free-standing Department of Edu- away education funding from your When the President of the United cation bureaucracy. That is why we community and brought it up to Wash- States says to us that he needs more have gone from spending $14 billion to ington, DC, but we ain’t giving it back money for education, he is actually $33 billion and actually seen a decline unless you do A, B and C.’’ saying he needs more money for his in our educational standards, have seen Let me tell you something, there is a Washington, D.C. education bureauc- drops in our test scores, have seen an new way to do things, and that is to do racy. Do not take my word for it. I ask increase in violence in schools, and it the old way, the way that Thomas you to take that education bureauc- have seen an increase in dropout rates Jefferson and James Madison and our racy’s word for it, and read their budg- when you start measuring those drop- Founding Fathers intended. With the et. out rates with 8th grade students. Back to Basics Education Reform Act, What would you think if you knew Mr. Speaker, we can do better, and we are going to start down that path. that the Department of Education was we will. We are going to start doing I ask you, when the President of the cutting $100 million from schools’ in- better in the coming weeks as we intro- United States pleads for more edu- cation dollars, remember, he is not frastructure programs across the coun- duce a bill to Congress that is called talking about education dollars for try, $100 million this year? They say the Back to Basics Education Reform children, he is talking about education they do not have the money, they do Act of 1995. Is that not really what it is dollars for bureaucrats. We can do bet- not have the money to keep your chil- all about, getting back to basics, mov- ter and we will, and we must if we are dren’s schools safe, they do not have ing away from the social engineering going to compete in the 21st century. the money to upgrade school systems, that we have been trying to accomplish to make sure that children can go to and that we have failed on for the past f school in safe schools. They say ‘‘We 30 years? Would it not be great to get are too financially constrained right SALUTE TO RICHARD E. FLUGE, back to reading and writing and arith- now. We are going to have to cut $100 PRESIDENT, MONTGOMERY metic and the basics? million from the program to keep COUNTY BOARD OF COMMIS- Most importantly, would it not be SIONERS schools safe.’’ great to once again allow parents and Then they turn around in that very The SPEAKER pro tempore (Mr. allow communities and allow home- same budget and say ‘‘We are going to HAYWORTH). Under a previous order of towns to decide how to educate their increase spending by $20 million for our the House, the gentleman from Penn- children instead of having bureaucrats own education bureaucracy, which sits sylvania [Mr. FOX] is recognized for 5 in Washington, DC decide without their a few blocks down from Capitol Hill in minutes. Washington, D.C.’’ input? Mr. FOX of Pennsylvania. I rise, Mr. James Madison wrote over 200 years b Speaker, to salute Richard E. Fluge, 1630 ago as he was framing the Constitu- president of the Abington Township, Think about that. They are not rob- tion, ‘‘We have staked the entire future Montgomery County Board of Commis- bing Peter to pay Paul. They are steal- of the American civilization not upon sioners who died suddenly this morn- ing from our schools in our hometown, the power of government but upon the ing. It is a great loss for our country, to pour more money into their edu- capacity of each of us to govern our- because local government leaders like cation bureaucracy building down the selves, control ourselves and sustain Richard Fluge are closest to the peo- street. ourselves according to the 10 Com- ple, they see the problems first and Does that make sense? When the mandments of God.’’ they solve them best. President says he needs more money It was Thomas Jefferson who said Mr. Fluge was one of the most inspi- for education and that is how edu- that the government that governs least rational local government leaders in cation is defined in Washington DC, governs best. Why did Jefferson say the United States. He championed for does that make sense? When your edu- that? Did Jefferson say it because he many of the items that were passed in cation dollars and my education dol- was anti-government? No. Jefferson the contract: lars are not getting back to our chil- said it because he was pro-freedom, be- The unfunded mandates. As president dren and to our teachers and to our cause he was pro-individual, because he of the Board of Commissioners in Ab- principals and to our school boards and was pro-States rights, because he be- ington Township, Montgomery County, to our communities and to our home- lieved, and James Madison believed, he knew how harsh the unfunded man- towns and to our States but instead are and our Founding Fathers believed, dates were and the fact is that through strangled in the bureaucracy of Wash- that when you allowed individuals and his leadership, we no longer have Fed- ington, DC, does that make sense? Is communities and States to experiment eral initiatives without money being that the type of education policy we with education reform in the free mar- sent from Washington. need to move into the 21st century, to ketplace of ideas that only the strong He also championed for a balanced help us compete in the 21st century ideas would survive, that we did not budget. Every other government, workplace? need big brother and big sister telling school, township, and States have to I do not think so. I know you do not us from Washington, DC, ‘‘This is the balance their budgets and now as a re- think so. I certainly know that our only way you can educate your chil- sult of the House’s action and hope- Founding Fathers did not think so. dren.’’ It is time to move away from fully we will have the Senate action as June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6033 well, a balanced budget will be a re- Let me interpose and interject a lit- HOUSE OF REPRESENTATIVES, COM- ality and the fiscal integrity that Rich- tle report. Because there is no general MITTEE ON BANKING AND FINAN- ard Fluge championed for will be widespread discussion or reporting on CIAL SERVICES, achieved. housing conditions in our country, the Washington, DC, June 15, 1995. Hon. CHARLES BOWSHER, He also worked for regulatory re- most pertinent and disturbing fact is Comptroller General of the United States, Gen- form, to make sure we have less of the that we still have, in the words of eral Accounting Office, Washington, DC. redtape in government and more of the Franklin Roosevelt, in fact better than DEAR MR. BOWSHER: As you know, the GAO services to the people. one-third of our Americans ill-housed, has provided me and the Subcommittee on He also worked to have a line-item ill-fed, and ill-clothed in what we have Housing information and analysis with re- veto, like 43 Governors and our Presi- all taken for granted to be a time of gard to the FHA single family mortgage in- dent will soon have, to make sure we great abundance. surance program. I am writing to request Unfortunately, as we have evolved that the GAO conduct some further work and cut out the waste in Government ac- analysis in this area. tion, the pork-barrel projects. historically, we have gone a long way The Congress and the Administration cur- He also worked in long-range plan- in which I have always feared, and, rently are considering changes in FHA’s or- ning. Many people in government plan that is, the Europe-ization or the strat- ganizational structure and its programs and for today and do not work for tomor- ification of our social elements, or authorities. In order to make the most in- row. Dick Fluge’s idea was, let’s look classes, if you want to call them that. formed decision about these proposals, we to a 5- and 10-year plan, where this It was always my hope and in fact I need to learn as much as possible about the current borrowers and activities of the FHA country will be, where his community premised my aspirations, for without that, I would not be addressing my col- and their relationship to today’s single fam- will be. ily finance system. For this reason, I am re- He also just recently attended a spe- leagues today, on the upward, free abil- questing that the GAO provide me with in- cial Medicare preservation task force ity of movement of our general citi- formation on differences and similarities be- with the citizens to protect Social Se- zenry, where we have not become so tween the FHA and private mortgage insur- curity and Medicare in nearby Blue strapped and so homogenized and ers. Specifically, I am interested in compari- Ball, PA. There he spoke in behalf of stratified as in some of the older por- sons of the income and race of borrowers as- senior citizens and protecting these im- tions of the world, including Europe, sisted by the FHA and private mortgage in- where that is impossible. surers, the income and racial characteristics portant programs. of the neighborhoods in which these borrow- He was a role model, a visionary If you are the son or the daughter of a street sweeper or even a humble shoe- ers live, comparisons of product lines, and in leader, honest, principled, fair, a great any other information that might be helpful intellect, someone who was low-key, maker in most countries, including as we consider legislative proposals. modest, and organized. England, it will be very difficult for May I suggest that our respective staffs Mr. Fluge’s type of leadership, his that son or daughter to be a doctor, or meet as soon as possible to establish a time legacy that lives on will in fact be fol- a dentist, or a lawyer. frame for completing this work. If you have any questions concerning this request, please lowed by those who follow in his foot- b 1645 call me or have your staff call Nancy Libson steps. They will make great contribu- That is because of the stratification of the Banking Committee staff at 225–7054. tions like he has to our country. that has come over the course of cen- I deeply appreciate the work the GAO has done for us and look forward to your insights I conclude, Mr. Speaker, with these turies in the class structure of those comments. One of his favorite quotes once again on this important topic. countries and societies. Sincerely yours, was, ‘‘If it’s morally right, it’s politi- This is our challenge, and will con- cally right.’’ HENRY B. GONZALEZ, tinue to be, and was foreseen; that as Ranking Member. He also quoted Dag Hammarskjold, we emerged into the 20th century, that f former Secretary-General of the United would be America’s challenge. Nations. When asked what direction Now, the basic elements and neces- CLOSING THE BILLIONAIRE’S TAX this country and world were going, he sities of life for human beings has not LOOPHOLE said, ‘‘It’s not north, not south, not changed. You have got to have cloth- The SPEAKER pro tempore. Under east nor west but going forward.’’ ing, you have got to have food, and you the Speaker’s announced policy of May And in reference to that, with leaders have got to have shelter. 12, 1995, the gentlewoman from Con- like Dick Fluge, who inspired us to do In my congressional and even in my necticut [Ms. DELAURO] is recognized our best, we will go forward, to work precongressional service, going to my for 60 minutes as the designee of the together for the common good, who put earlier years in my home city of San minority leader. service above self. The future of our Antonio, I concentrated on that one Ms. DELAURO. Mr Speaker, I will country’s progress is unlimited with element known as shelter. And, as a not take an hour’s worth of time, but people like Dick Fluge, who gave a matter of fact, in the State Senate, just a few minutes. I have asked for the great legacy of service. was the author of the general com- time today to discuss an important de- f prehensive housing and community velopment in the Committee on Ways laws that still are on the statute books and Means this week. HOUSING in Texas of over 35 years ago. The committee took up the highly The SPEAKER pro tempore. Under a And so, I am quite proud of that controversial expatriate loophole. This previous order of the House, the gen- record, and I continued that endeavor provision allows the super-rich of this tleman from Texas [Mr. GONZALEZ] is and was very fortunate, upon arrival in Nation to dodge paying taxes by re- recognized for 5 minutes. the House, to be assigned to the Com- nouncing, they can actually renounce Mr. GONZALEZ. Mr. Speaker, it is mittee on Banking, which also has the their U.S. citizenship. my intention, the Good Lord willing, Subcommittee on Housing and now And this is not something that is just to take an hour tomorrow in order to known as Housing and Community De- a figment of my imagination. It is a provide my latest report with respect velopment. loophole that has allowed billionaires to the very fundamental question of At this time the Congress and the ad- such as the Campbell Soup fortune housing in our country. ministration are considering changes heir, John Dorrance III, and Dart Con- But for the moment, I would like to in the FHA’s organizational structure tainer Corp. president, Kenneth Dart, report on a letter that I have addressed and its programs and authorities. FHA, to avoid taxes by renouncing their U.S. the Comptroller General of the United and particularly with reference to the citizenship. States, Mr. Charles Bowsher. Single Family Mortgage Insurance Now, keep in mind that these are As you know, the GAO has provided Program, is one of the great contribu- folks who made their fortunes in the me and the Subcommittee on Housing tions and breakthroughs in taking our United States on the backs of working information and analysis with regard people out of the submergence of bad men and women in this country. And to the FHA single family mortgage in- housing, poverty, into our level that they decide that they do not want to surance program. I am writing to re- we have become accustomed to. pay their taxes, so they renounce their quest that the GAO conduct some fur- Mr. Speaker, I include the following citizenship and they go to live else- ther work and analysis in this area. letter for the RECORD: where. H 6034 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Republicans had promised that they bons substitute and reported out this you go to church and you are afterward would close this loophole that allows bill which, in fact, is a fig leaf which outside in front chatting with your the super-rich to profit by turning still allows the most wealthy people in neighbors and friends and somebody their back on America. And on Tues- this country to be able to export their says, ‘‘Mike, I haven’t seen you for a day, the Committee on Ways and wealth, tax free, to foreign countries bit. Where have you been? I haven’t Means passed a bill that the U.S. before they renounce their U.S. citizen- seen you here.’’ Treasury Department says contains ship. And I can’t imagine putting myself many of the same problems and would Leaving this escape hatch wide open in the position of saying, ‘‘Well, Bob, be as unworkable as the current law is. truly is a shame in my view, because or Mary, I moved to the Bahamas.’’ So that, rather than close that expa- closing that billionaire’s loophole is ‘‘Moved to the Bahamas? Oh, really? triate loophole, the Republican legisla- both the smart thing and the right Why?’’ ‘‘Because I wanted to avoid in- tion would simply open up a whole se- thing to do. One estimate says that we come taxes. I wanted to avoid U.S. ries of new loopholes for the could bring in over $3.6 billion to the taxes, so I have renounced my citizen- superwealthy to be able to squeeze Treasury over 10 years without raising ship.’’ through. a single penny in taxes. Can you imagine? And I put that Here we celebrated Flag Day yester- That is smart public policy in these question to the gentlewoman. Can you day, Republicans, and at the same time days of such fiscal concern about what imagine saying to your friends and you see the Republican leadership al- our budget is all about; what our defi- neighbors, for tax purposes, to save lowing billionaires to profit by turning cit is all about in this country. money, I have renounced my citizen- their back on the flag. More importantly, ending this kind ship? Democrats on the committee worked of a billionaire tax loophole is the Ms. DELAURO. One, it is not some- to close that loophole, but were right thing to do. The superwealthy thing that I would do. I am not in a po- rebuffed on a party-line vote. I might who make their fortunes in this coun- sition to do that, nor would I do it. And add there were several instances in the try and then renounce their citizenship I would be embarrassed. Really embar- past when this, the closing of this loop- to avoid paying taxes, in my view, have rassed. hole, was brought up. betrayed the United States and it is I think when the gentleman talks January 1995, the President submit- time to end special favors to these bil- about this, I think of the number of ted a budget to Congress including a lionaire tax evaders and make the people. I treasure my citizenship. I proposal to close that tax loophole. In super-rich pay their fair share. think most Americans do that. And I February 1995, there was an amend- Working middle-class families pay think about the people who want to ment by Congressman JIM MCDERMOTT their fair share every single year. And come to the United States. They want to close the billionaire’s loophole and while they continue to come up with to be here. They would like to be citi- to use the revenue to pay for health in- creative ways to protecting benefits for zens of the United States. They would surance deduction for those people who the super-rich, the Republican leader- like to participate in the life of this are self-employed and not covered em- ship are sticking it to the middle-class country and its cultural life and its ployees. That was rejected by the Re- families on both ends. economic life. publicans. In their budget they talk about cut- They would like to raise their fami- On February 21, 1995, House Repub- ting student loans. They also talk lies in this Nation. And we have people licans rejected an amendment by the about cutting Medicare for our grand- who have had all of the advantages and Ways and Means ranking Democrat parents. So that in my view again it is could truly contribute in a very fun- SAM GIBBONS, and again Representative an outrage that the Republicans are re- damental way to the well-being of this MCDERMOTT, to close the loophole. On fusing to stand up to these billionaire country and they decide that, well, it March 24, the full Senate passed a bill Benedict Arnolds who move their is okay. If it deals with a tax advan- which included the Senate Committee wealth offshore. tage, I can blow it off. What does my on Finance’s provision to close that And I am pleased to be able to come U.S. citizenship mean? I can just blow loophole. here this evening, this afternoon, and it off. On March 28, 1995, once again, the to make this statement. And it is my Mr. WARD. If I may, sometimes we House Republicans rejected a motion hope that we will be able to address all, when we are growing up, we think: by the Ways and Means ranking Demo- this issue once again. And finally, in a What would my mom think of this? crat, SAM GIBBONS, to instruct the Sen- bipartisan fashion, we will close a bil- You tell the people that you meet in ate to close that loophole. lionaire’s loophole that does not do your neighborhood. That is one thing. March 28, the Republican House-Sen- anything to serve the interests of the But imagine telling your mom or dad ate conferees, they rejected the Sen- United States or the working people of or your kids that is the reason I have ate’s provision to close the billionaire’s the United States, but it allows those made this decision. loophole. March 30, 1995, once again the who have made a fortune in this coun- I had the good fortune to serve over- House rejected the conference report try by the sweat of working people to seas for the United States of America. which would have reinserted this expa- take that money offshore and to use it And I saw there people who were dying triate provision. for their own purposes; for what they to come to America. And if you look in On April 3, once again SAM GIBBONS want to do and not to increase the eco- the Caribbean, you have to look no far- introduced a bill to require the State nomic viability of the United States. ther than that, or the Rio Grande, to Department to disclose the identity of I would like to ask my colleague, the see people who are literally, literally those who renounce their U.S. citizen- gentleman from Kentucky [Mr. WARD], dying in an attempt to come to Amer- ship. No action was taken on that. who has joined me, to add his thoughts ica. April 6, 1995, Ways and Means Chair- to this issue. So what we are faced with is this cu- man ARCHER rejected Mr. GIBBONS’ re- Mr. WARD. I appreciate that. And I rious dichotomy of people on the one quest for assistance in obtaining from appreciate the gentlewoman from Con- hand who are risking their lives, who the State Department the names of the necticut allowing me to participate in are doing everything within their billionaires who have expatriated and this with her this afternoon. power economically, spiritually, every- who have escaped paying taxes. In thinking about this issue I have thing within their power to become May 2, 1995, again Ways and Means’ been struck, as I am sure you have part of this wonderful thing we call ranking Democrat SAM GIBBONS intro- been, by the whole notion that some- America. While at the same time, peo- duced legislation to close the loophole. body would do something as drastic ple who have had a lifetime of benefit- No action was taken. and which represents such a commit- ing from being in America, people who May 25, 1995, Democrats introduced a ment, as to give up their citizenship, to either by fortune of their birth or for- resolution that would serve as a rule to renounce their citizenship. tune of their skills and hard work have ensure the floor consideration of the And what I have tried to think about, been successful in a way that only Gibbons bill. June 13, the Ways and what I have come to in my mind, and Americans seem to be able to be in the Means Republicans rejected the Gib- what occurs to me, can you imagine, world, or certainly a large part of the June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6035 reason that people are able to succeed and the way this country operates, and Mr. WARD. So their goal, apparently, is because they are here in America maybe it is that tin ear, that tin ear is to take it with them to the Bahamas where free enterprise does reign, which that just causes people not to have a or some other offshore no-tax location I support wholeheartedly. full understanding, that causes that and leave behind, leave behind the very same misunderstanding on this issue, country, the very symbol of oppor- b 1700 because it is America, it is what we are tunity to succeed on this globe that we I come from a completely business lucky enough to be part of that has call America. It is just perplexing. background. In the 20 years since I got given this opportunity to these folks Ms. DELAURO. You know, I think in out of college, 16 of those years were who have done so well. so many ways in terms of the debates spent in private business, in private And remember, I think I can para- and the conversations we have been business working trying to get ahead, phrase it, but I cannot say it word for having in recent months that this not trying to be part of the American word from the Bible, ‘‘But to whom closing this loophole down, quite dream. much is given, much is expected.’’ frankly, is not out of character with To see folks who have had this bene- Ms. DELAURO. Much is expected, I what we are seeing from the GINGRICH fit, who have come to a position in agree. And I think about the working leadership here in the sense that when their lives where taxes are that big an middle-class families who are out there you are looking at the tax package and issue, to see them jump through a loop- who play by the rules, who do what is the budget, which 51 percent of the hole which has been intentionally left right, trying to educate their children, benefits go to people making over in the law, and we need, I guess, to trying to pay that mortgage every $100,000, when the bulk of the emphasis speak to that for a minute so folks un- month; if they have elderly parents is on the special interests, the cor- derstand the history of this. who are on Social Security and Medi- porate special interests and their tax This is not just some quirky loop- care, all of those things are in jeopardy breaks are being paid for by cuts in hole. This is something that has been at the moment, and we have been talk- Medicare, by cuts in student loans, by intentionally left in the law so that ing about that, and it is an issue for cuts in the student lunch program, maybe as few as a dozen or two dozen another time. which we saw. So that is another piece people in a year’s time will take advan- But those are serious issues which of this philosophy. tage of it. Surely they do, surely they working families are facing today: How Mr. WARD. This money does not take full advantage so that on the one are they going to get their kids to come from nowhere, does it? hand they have this wonderful country, school? What happens if student loans Ms. DELAURO. That is right. this wonderful set of opportunities of go away? What happens if their parents Mr. WARD. The money has to come being an American, and on the other are in a nursing home and Medicare is from somewhere. they make a financial decision to say, cut, which it is going to be cut? Ms. DELAURO. This is not, in es- ‘‘No, it is worth it to me financially to Mr. WARD. The sandwich families. sence, a free ride. You have got to be turn my back on my country.’’ Ms. DELAURO. That is right, those able to pay for these things. I do not understand it. people squeezed at both ends because of The other piece is, by eliminating the Ms. DELAURO. I do not understand it this Republican budget, and then you alternate minimum tax, that tax which either. turn around and you find that this was put in under Ronald Reagan, again My father came to this country as an small group of folks who are billion- for the richest corporations, that says, immigrant. The greatest joy in his life aires are just going to take their ‘‘You have to pay your fair share. You was to be an American citizen, gave money and run, if you will, and those pay at 20 percent. You pay at 20 per- back to his community and still in- folks who are struggling every day cent.’’ stilled that love of country and love of would not for 1 minute ever do that or With elimination of that, it is a $17 community in me, and one works hard. think about doing that. billion windfall to the richest corpora- I admire people who succeed, but what Mr. WARD. To the contrary, to the tions in this Nation. you do is you try to give back in some contrary, those are the folks who are But it is part of a pattern, and, again, way. being careful to pay their full share. I hold out, and I hope my colleague As you pointed out, these are folks Those are folks who, we are folks, the feels this way, that on this loophole who are eminently able to be able to way I have been brought up, the way issue that we will come to some sort of give back, and for a financial gain they my wife and our children and I have a bipartisan conclusion to eliminate it, would turn their back on the United lived our lives, we do not think about to end it, and to put our emphasis on States. getting a receipt when we are out for a working families, on our veterans, on And you talk about a history, what I family dinner because maybe we can our seniors who have done so much for find equally outrageous is that there write it off. We do not think about this country, and that we do not try to have been a number of times over these those little dodges. But those pale in balance this budget on their backs, but past several months where there has comparison, just pale in comparison to take a look at where else we might been an attempt made to shut down the notion that people who, and I won- start this process of a balanced budget. this loophole, to close it by well-mean- der about this, there was a movie one Mr. WARD. It is important in that ing people, by people and on both sides time, a fellow was offered an amount of vein to point out that we have a resolu- of the aisle, in some instances. money if he could spend so much with- tion that I am proud to have been the Mr. WARD. Democrats and Repub- in a certain time, within 24 or 48 hours sponsor of. In fact, it is the first bill or licans. or a week, and he was told, ‘‘You can resolution that I have sponsored as a Ms. DELAURO. Who want to shut it have $1 billion if you can spend a mil- Member of this body, having been down. It is wrong. And we have seen lion within a week. You cannot give it elected just this year. over and over again, month after away, and you cannot invest it; you That resolution would bring to the month, that every time this comes up, have to spend it.’’ floor a bill that has been introduced by those who are in the leadership, the Well, in thinking about that movie, I the ranking member of the Committee Republican leadership in this House, am thinking about these people. If they on Ways and Means, the gentleman have either taken no action or have re- are billionaires—and they are, at least from Florida [Mr. GIBBONS], which will jected the opportunity to close the multi-multi-hundreds of millions is close that loophole. loophole. about the least this would have an im- On that resolution, I am proud to say Mr. WARD. Well, of course, I would pact on. What are they going to do we have almost 100 cosponsors, almost remind my friend from Connecticut with it? Are they going to be like these 100 people, and I ran out of time to get these are the Republican leaders who folks we just found another group of in more. I ran out of time to talk with are insisting that people earning Egypt who try to take it with them? folks, to visit with folks, to explain the $200,000 a year are middle income. So, Because we all know you cannot take issue before I was ready to put the bill obviously, they have got a little prob- it with you. in and move forward with it. lem with their math and their under- Ms. DELAURO. You cannot take it But where is that resolution now? It standing of the way this world works with you. is lying; it is lying in the Clerk’s in H 6036 CONGRESSIONAL RECORD — HOUSE June 15, 1995 basket, figuratively speaking, because wages, in their standard of living, or Mr. Speaker, and I think many of our it is not being brought to the floor for stagnation. That means they have leading economists would argue, that a vote. worked for over 20 years and they look in real fact unemployment in America All indications are it will not be back and they have gotten nowhere in is actually double than what the offi- brought to the floor for a vote, because a hurry. That is 80 percent of the cial statistics tell. it sets out to do what we need to do to American people. Why is that official statistics do not deal with a billionaire expatriate tax Average weekly earnings from 1978 to include discouraged workers? That loophole. We need to tell our neighbors, 1990 declined, went down by 131⁄2 per- means people are living in commu- we need to tell our friends to talk to cent. nities where there are just no jobs. their Member of Congress, to ask them, In 1979, the average weekly wage in They do not go out, so therefore they Did you cosponsor MIKE WARD’s resolu- the United States was $387. 10 years are not counted as part of the unoffi- tion? Did you cosponsor a resolution later, in 1989, in terms of real inflation- cial employment statistic, and perhaps which will deal with this problem, accounted-for dollars, that wage had even more importantly part-time which will give the opportunity for the dropped to $335. People are working, workers who want to work full-time full Congress to debate it, and if you but their standard of living is in de- are also not included as part of the offi- did not, why not? And if it comes to cline. cial unemployment statistic. the floor, how will you vote? What is perhaps most frightening is One of the very frightening aspects of That is what we need to make sure that for young workers, their real the modern American economy is that people ask their Member of Congress wages have declined even more. when we look at the new jobs that are next time they see them. There was a study done not so many being created, are they good paying, 40- Ms. DELAURO. I commend my col- months ago which indicated that for hour-a-week jobs? No, they are not, not league for the work that he has done young male high school graduates in Vermont, not in the vast majority of on this issue, and I appreciate your going out into entry-level jobs, young the States in this country. Many of the taking the time and joining with you men were earning 30 percent less than new jobs that are being created are in this conversation, and I am sure was the case for similar high school part-time jobs. You have people who there will be many more of them in the graduates just 15 years ago. want to work 40 hours a week, but they best interests of the working people of So, when parents look out and they are getting 20 hours a week without this country. are working hard and they are seeing benefits. Are they counted as unem- f their standard of living declining, what ployed? No, they are not. is even more painful for them is they So I would just conclude my initial THE REALITY OF AMERICAN LIFE look out and they are seeing their sons remarks, Mr. Speaker, and welcome The SPEAKER pro tempore (Mr. and their daughters going out into jobs the gentleman from Oregon [Mr. HAYWORTH). Under the Speaker’s an- which are paying even lower wages. DEFAZIO] here by just simply saying, nounced policy of May 12, 1995, the gen- Mr. Speaker, between 1988 and 1993, ‘‘Before we talk about the budget, be- tleman from Vermont [Mr. SANDERS] is worker productivity in the private sec- fore we can talk about why the Amer- recognized for 60 minutes. tor increased by 5.9 percent. That is ican people are angry, the most impor- Mr. SANDERS. Mr. Speaker, I hope the good news. tant reality is America has the right to in a little while to be joined by some of The bad news is that during that be angry. Our people are working my colleagues. same period, average hourly earnings longer hours for lower wages, for less Mr. Speaker, as the only independent declined by 4 percent. By 1993, the typi- vacation time, for fewer benefits than in the Congress, I think what disturbs cal family had lost $1,400 of the buying was the case 20 years ago.’’ me most about much of the dialog power it had in 1991. But on the other hand there is an- which takes place here is, in fact, that Mr. Speaker, one of the frustrations other reality which is going on. Are all the most important issues facing the we talk about, why the American peo- the people in America seeing a decline American people, the reality of life in ple are angry, why the American peo- in their standard of living? Are we all our country today, is simply not talked ple are frustrated, a study done by Ju- in this boat together? The answer is about enough. Every day there are liet Shaw was done at Harvard Univer- probably we are not. heated debates that take place here, sity which indicated that for American A recent study in the New York and charges and countercharges, all workers to maintain their standard of Times: The richest 1 percent of the kinds of issues are raised, but some- living, they had to be working now an population now owns 40 percent of the times I think that the reality of Amer- extra 1 month a year, either in over- wealth of America. We have the most ican life as it exists today really is not time or in second jobs, and in my State uneven distribution of wealth in the adequately addressed. of Vermont it is not uncommon to see entire industrialized world. The richest And before we get into the issue of people working three jobs. 1 percent owns more wealth than the the budget, which I want to get into, bottom 90 percent. Upper income, 4 per- b 1715 and I hope some of my colleagues will cent, earns more income than the bot- be getting into with me as well, let us Mr. Speaker, 40 percent, and this is tom 51 percent, and, the gap between talk about reality in America today, a an important fact, we talk about wel- the rich and poor grows wider, the mid- reality that we do not see too much fare reform, so forth and so on. Forty dle class continues to shrink. That is discussed here. We do not see it on CBS percent of the families in America the reality of American life today for too much, or NBC or the New York today who live in poverty have a full- the middle class for the working class, Times or our hometown papers. time worker. This is not unemployed for low-income people. Mr. Speaker, I would argue that the people, this is not people just sleeping Having said that, I am delighted to most important issue facing the Amer- out on the street, and one of the rea- welcome, to my mind, certainly one of ican people is that for the middle class sons that our low-income workers are the outstanding fighters for working of this country, for the average work- doing worse today than they did 20 people in this Congress, the gentleman ing person of this country, for those years ago is that the minimum wage from Oregon [Mr. DEFAZIO]. tens and tens of millions of people who today, at a disgracefully low $4.25 an Mr. DEFAZIO. And I guess the follow- constitute the vast majority of our hour, has a purchasing power which is up point would be what caused these citizenry, for those people this country 26 percent lower than it was 20 years inequities and what can or should we is becoming a poorer and poorer coun- ago. do about it? try. Mr. Speaker, we look in the news- I would say in good part you can lay Since 1973, when America reached its papers, and they tell us that unemploy- the blame for the extraordinary pinnacle, its high point in terms wages ment is not such a serious problem. pauperization of the middle class of and benefits for ordinary working peo- Maybe it is 5 percent, maybe 6 percent. this country to two major areas of pol- ple, since 1973, 80 percent, four-fifths of Countries all over the world, in Europe icy, probably three: The tax policy of the American working people have ex- or Scandinavia, they have higher rates this country, which has heaped more perienced either a decline in their real of unemployment, but I would argue, and more burden on middle-income June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6037 people and lightened the burden on Mr. SANDERS. If I could interrupt So you look at that on the one hand. those at the very top and the largest, the gentleman, would they not be They reduce the corporate income most profitable corporations. In fact, upset? Would they then go to Repub- taxes, and the individual taxes have the Republican budget, which passed lican and Democratic fund-raising din- gone up from 27 percent in 1943 to the the House here, would do away with ners and contribute tens and tens of present 44 percent in 1995. the corporate alternative minimum thousands of dollars? I do not under- So there has been a great swindle in tax. That means we go back to the stand what you are saying. If we tax terms of reducing the revenue, the por- days when a corporation like AT&T, as them, how would they contribute huge tion of the revenue burden borne by the they did from 1981 to 1985, earned $1.3 sums of money to the Republican and corporate sector and raising the por- billion in profits and not only not paid Democratic Parties? Surely the gen- tion borne by the individual. taxes—we all understand about loop- tleman must be joking. While we are on the subject of bal- holes and avoidance but—actually de- Mr. DEFAZIO. Well, perhaps that is anced budget, let us invite all of Amer- manded and received a $200 million tax the bottom line here. It is, you know, ica to take a very hard look at the way refund for taxes they did not pay. That how the money flows in Washington, we derive our revenues. is other Americans, people who work DC, how the influence flows in Wash- Mr. SANDERS. The gentleman is ab- for wages, went to work every day, ington, DC. As my colleague knows, in solutely right. Between 1979 and 1989, paid their taxes, and guess what? Part the office of the special trade rep- when the rich were getting richer, the of their pay check went to give a $200 resentative, a study I saw said that 74 number of taxpayers reporting adjusted million tax giveaway to a corporation to 75 percent of the people who worked gross incomes of $200,000 a year or more which had made $1.4 billion in the same in the President’s Office of the special grew by 8 times. A lot more people years, and now we are being told that Trade Representative have become for- were getting rich. Meanwhile, accord- is what will take care of the problems eign agents; that is, they are now rep- ing to the House Ways and Means Com- of middle-income Americans. The Re- resenting foreign nations against the mittee, tax savings in 1992 for families publican tax break bill repeals the cor- interests of the United States in trade in the upper 1 percent income bracket, porate alternative minimum tax, and and economic policy. You know we total tax savings, totalled $41,886, a re- that will put Americans back to work have got to close these revolving doors. sult of the drop in the effective tax at higher wages; give me a break. We have got to reform campaign fi- rate for those families—it is the upper Mr. SANDERS. Is the gentleman—let nance. We have got to reform the gift 1 percent—from 35.5 percent in 1977 to us go over that once again because peo- rule. But somehow it did not fit into 29.3 percent in 1992. ple may be adjusting their TV dials the Republican Contract on America. So the point that the gentleman there to get that straight. Is the gen- No gift reform, no campaign finance re- makes is absolutely right. When we tleman suggesting that, if the Repub- form; those things got left out, to be talk about why we have a $4.7 trillion lican proposal here in the House goes done later, of course. debt, how can we not talk about the into effect, that the largest corpora- huge tax breaks given to the wealthiest Mr. SANDERS. We are delighted to tions in America making billions of people in America and to the largest be welcoming the congressman from dollars in profit will pay less in taxes corporations? New York City, from Brooklyn, MAJOR than the average working stiff making Mr. DEFAZIO If the gentleman would OWENS. $25,000 a year? Is that what the gen- yield for a moment, perhaps we can tleman—— Mr. OWENS. I want to congratulate bring the discussion to what we are Mr. DEFAZIO. I am saying that will the gentleman for holding this special confronted with today. be true, and in fact, if we go back to order in response to the latest develop- The House Republican budget starts the pre-alternative corporate minimum ments with respect to the endorsement out moving the United States toward a tax days, the 1980’s, we could say, in of the balanced budget concept by the balanced budget by first further reduc- fact, that those same working people President and your present discussion ing taxes on the most wealthy, those will pay taxes so that tax credits can of taxes, of revenue. I hope that we are who earn over $100,000 a year, and on flow to those companies. going to have much more of this kind the largest, most profitable corpora- The other issue there would be, of of discussion and invite the American tion by $353 billion. course, the United States stands alone people to take a very close look at rev- So they first start with a—here we in the industrial world in not taxing enue measures to produce revenues and are. We are in the hole. We are all foreign operations in the United States taxes. We have an era, certainly in the agree we need to have fiscal respon- or multinational corporations. We have Democratic Party, and maybe the gen- sibility and move toward a balanced adopted such a limp section to the tleman from Vermont [Mr. SANDERS], budget. First thing we do is we make Code of taxation that virtually every as an Independent, does, too. By not the hole $353 billion deeper in order to major multinational and foreign cor- talking enough about taxes, we leave benefit people who earn over $100,000 a poration in this country pays no in- that to other people, and we have a sit- year and in order give further tax relief come taxes no matter how profitable uation where, when bills were related to the corporations, and, as the gen- they are because they upstream or to the revenue taxes have come to the tleman from New York pointed out, downstream their profits to other floor of the House, it has always been who were paying taxes at about—what lower tax countries. They are not pay- from the Ways and Means Committee, is it? About a quarter, a third of the ing their fair share, yet every day, and the rule always was that you could rate—— every week, every American sees their not make a single amendment. They Mr. SANDERS. Let us repeat that taxes go up. They see the deductions always came, and you voted it up or once again. Let me just ask the gen- out of their paychecks, but, no, Honda you vote it down. tleman this question: Every day we does not make any money in the Unit- So the Ways and Means Committee hear about the crisis of our national ed States of America. They just sell has been in charge of tax policy for the debt, every day, every day, and we all cars here. Toyota does not make Congress for the last 20 to 30 years, and understand the importance of that. Is money in the United States of Amer- they are responsible for something the gentleman suggesting that one of ica. They just sell cars here. which the American people ought to the major ways the Republicans are Mr. Speaker, if we adopted the same take a very close look at, and that is proposing to deal with our national system of taxation that all of our the great swindle of the American tax- debt is to give huge tax breaks? Is that major trading partners have adopted, payer by reducing the amount of the a strategy to deal with the deficit? the estimates are we could raise $40 bil- tax burden borne by the corporate sec- Mr. DEFAZIO. We are revisiting lion to $60 billion next year; that is tor, reducing it drastically, from al- trickle-down economics, the theory about a third of the deficit. We can most 40 percent, 39.8 percent in 1943, that, if we give those people who are raise it by just taxing the profits of down to 8 percent in 1980, and then much smarter than we are, who earn, multinational and foreign corporations presently it is 11 percent even after you know, over $200,000 a year and con- the same way that every one of our President Clinton has taken steps to trol these corporations more money, major economic competitors does. get it back up. that they will create more jobs and the H 6038 CONGRESSIONAL RECORD — HOUSE June 15, 1995 effects will trickle down. We are right order to promote the general welfare We never could have predicted we back to the failed trickle-down policies and provide for the public sector in- would have to pay for the privilege of of the mid-1980’s. Those policies vestments that are beginning to drive exporting our jobs to Mexico, which is brought us record debt, record deficits the economy in a different direction. what we are doing today with the bail- and, as the gentleman pointed out, con- Mr. SANDERS. The gentleman out of the speculators who were so ac- sistently caused the decline in the makes a very important point. The tively engaged in the Mexican economy standard of living of middle-income theory of giving tax breaks to the rich and the few billionaires who run the families. and to large corporations is if we give Mexican economy and the corrupt po- Mr. SANDERS. Let us review, if I them tax breaks, they are going to re- litical system they have. might. Let us review again who is get- invest in our communities and create U.S. tax dollars are going to bail ting those tax breaks. Obviously, one jobs. It sounds like a good theory. Un- these people out. We are paying for the would think that, if one decided to give fortunately, all of the facts indicate privilege of running a trade deficit. tax breaks, and that is a debatable that that theory is totally bogus, given The Speaker tells us we cannot raise issue, clearly you were giving it to the the reality of what is happening. The the minimum wage for the American working people, the people who are in gentleman from New York points out workers because they have to compete most trouble. Interestingly enough, if that major corporation after major with the Mexican workers, whose sala- you look at the Republican budget, the corporation, the same ones that got ries just went down by 35 percent. And wealthiest 1 percent, the people who huge tax breaks in the early eighties, then on another day he said, ‘‘By the need the tax breaks the least, are get- the same ones the Republicans want to way, the competition is in south ting more in tax breaks than the bot- give huge tax breaks to now, what they China.’’ So apparently we have already tom 60 percent. have done is use those tax breaks to de- quickly moved from Mexico, because velop more automation. Major corpora- b 1730 those people are earning as much as a tion after major corporation has laid dollar an hour, and now suddenly the Mr. DEFAZIO. You are talking at the off huge numbers of American workers. American workers not only have to top, generally the people in the top will We are talking about millions of work- compete with them, the American be getting breaks that average up to ers. workers are not supposed to compete $40,000 off of their taxes, compared to The other thing they have done after with slave labor in China, or those who $500 for a $40,000 a year family. This is we give them tax breaks, is they invest are paid at the rate of 20 cents an hour. not restoring equity to the tax system. abroad. They are investing in Mexico. Mr. OWENS. Could the gentleman Mr. OWENS. What is important for Why do you want to pay an American just linger for a minute on Mexico. I the American people to understand, worker ten bucks an hour, fifteen hope that, again, every American voter and you ought to listen carefully and bucks an hour, when you have a Mexi- ought to be angry. There is good reason ought to demand from your Congress- can working for a buck an hour? How to be angry. But we ought to focus and man an explanation as to why this is about China? How many Americans direct our anger in ways which are happening, why are you giving these know that American corporations are more effective and at the real source of tax breaks to the rich? Why are you investing tens of billions of dollars in the problem. continuing the trickle-down theories of China. Do you know what the wages Reaganomics? are in China? Twenty cents an hour. I said before we ought to be angry at Ronald Reagan’s explanation, he had Last year American corporations in- the fact that corporations have gotten an explanation, and he gave it, and it vested $750 billion abroad. Every major away with so much over the last 30 has been proven to be totally wrong, in America, every Governor in Amer- years, and certainly they have dropped that if you will give the appropriate ica, is begging on their hands and all the way down to now paying 11 per- tax cuts and tax breaks to the rich and knees for corporations to reinvest in cent of the tax burden while individ- to the corporations, their investments their communities, and these corpora- uals and families are paying 44 percent will create activities which will in turn tions get the tax breaks and they go of the tax burden. That is enough to be create jobs. The investment activities, abroad. angry about. will create jobs. Mr. DEFAZIO. If the gentleman will But Mexico in particular, it ought to It is obvious, the empirical evidence yield for a moment, I would like to make us turn red, all of us, with anger, showed it did not happen under point out it was the esteemed Speaker because we first have NAFTA, a situa- Reagomics. It will not happen now ei- of the House of Representatives who tion which was created by a sweeping ther. We have wealth being accumu- said that in fact we cannot raise the change in public policy, that created a lated in this country at unprecedented minimum wage for the American work- situation which was even under the rates. The very rich are getting rich ing people because of our competition best circumstances going to hurt the faster. Wall Street is booming. Yet no with Mexico. Of course, the Speaker American workers. It was designed to new jobs are being created. The jobs supported the North American Free make the rich get richer, to have the are going the other way. You have a Trade Agreement, which I bitterly op- corporations have every advantage in jobs economy over here and a Wall posed and have introduced legislation terms of export, import, exploitation of Street economy over here, and there is to repeal. Just to recap on that, we cheap labor in Mexico. All of it was de- no relationship between the two, be- were told it would create jobs in Amer- signed to help those same people that cause as they invest more money they ica. We were told that it would help the the Republican tax cut is going to help. can buy more automated equipment or United States balance of trade, it On top of the inevitability of it hurt- take their operations overseas and ma- would stabilize Mexico. ing working people comes an addi- nipulate in many, many different ways Those of us who opposed it said we tional burden of us having to bail out to make additional money off their in- believe we will export jobs, we believe the Mexican economy to the tune of $20 vestments without creating jobs. They that we will run a trade deficit with billion. It is enough by itself for you to are downsizing the jobs, they are Mexico, and we believe that it will fur- be angry at the Government. When I streamlining, they are doing all kinds ther destabilize Mexico. We were a lit- say government, I do not mean just of things where they have no bargain- tle bit wrong, because we could not re- President Clinton, I mean also the ing power. We are all going to end up alize that not only would it destabilize leadership of the House and the Senate, being suburban peasants or urban serfs, Mexico, continue the current corrupt and all of those great majority of the who have no choice almost, because of system, that the peso would be de- Members of Congress who went along the tremendous power of these corpora- valued and the standard of living would with NAFTA and GATT. You ought to tions. fall by nearly 40 percent for every be angry, you ought to talk to them The power we have as voters in this Mexican worker, but that we would be about the mistakes that they have democracy is to demand that we begin running already this year, we are head- made, and they have to reverse those to reverse this by forcing those who are ed toward a $20 billion trade deficit mistakes. They have to now focus on making the wealth to pay more into with Mexico, which means we will ex- an economy which is going to promote the general funds that are needed in port 400,000 jobs to Mexico this year. the general welfare of America. June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6039 The Japanese are being criticized for ing people you are not. Germany, man- $31 billion price tag over a 5-year pe- their protectionist trade policies, their ufacturing workers in Germany now riod. closed society. The Japanese protects make 25 percent more than our manu- Now, the B–2 bomber, the Air Force its middle class society. It almost has facturing workers. said we do not want it, we do not need no poverty class as a result of the fact Do you know why corporations from it, it actually is counterproductive be- it takes the necessary actions to guar- Germany and Scandinavia and Europe cause it will mean funds will be spent antee everybody is going to be able to are investing in America? Cheap labor. for an item that we do not need and make a living. So be it. Let the United We now can give them cheap labor. they will be taken away from many States also. As voters we can demand a That is what is happening. And that is items we do need. series of public policy decisions which a real shame. b 1745 lead to the protection of our way of What I would like to do now with my life, of our standard of living, and we colleagues, if we might, we want to So the Air Force says that. The Joint can make contributions to the rest of talk about the budget, the Gingrich Chiefs of Staff says that we do not need the world in terms of holding up that budget, the Clinton budget. We are try- it. We do not need it. We do not want model. ing to give some background as to how it. The Secretary of Defense: We do not Unfortunately, we have let the situa- we got to where we were. We talked need it, we do not want it. It is not in tion deteriorate to the point where we about the fact that one of the reasons the President’s budget. He does not are headed rapidly to the bottom in for the national debt is huge tax breaks need it and he does not want it. I am sorry, but I think every voter terms of the standard of living of our for the rich and the largest corpora- out there ought to ask their Congress- workers, while Germany has the high- tions. There is another area that is man, did you vote to continue the est standard of living in the world. And worthy of at least some discussion, funding for the B–2 bomber? If you did I am not criticizing that. The German given the vote today, and that is the vote to continue the funding for the B– worker gets 6 weeks vacation, family role of military spending. 2 bomber, in light of the fact that all of and medical leave off with pay. They Remember, $4.7 trillion debt. Obvi- the experts, all of the military, every- have very high wages. I am not criticiz- ously the cold war is over. The Soviet body says we do not want it, we do not ing them for that. It could happen Union does not exist. Clearly I would need it, it is a waste, then you have no here, if we had a different set of public imagine that today, having voted on right to talk about waste in Govern- policies and took control of our Gov- the military budget, there was a major ment ever again. You have no right. ernment. decrease in military spending. Is that Every person who votes has an oppor- That was a perfect example. Why correct, Mr. DEFAZIO? tunity to have an impact on this public would anybody vote for the B–2 bomb- Mr. DEFAZIO. Well, the gentleman policy. America, we should stop sitting er? It is the worst kind of pork. It is knows that in fact the second part of by as spectators while the Committee the pork from the military industrial the major part of the plan of the new on Ways and Means and the White complex, the people have been absorb- Republican majority to bring us to a House and NAFTA, GATT, and all ing much too much of our budget over balanced budget after the massive tax these other institutions weigh down the last 20 years. It is pork, pork, pork. break for the wealthy and the large upon us and force our standard of liv- It will generate a profit for the people corporations is the increased military ing down. who manufacture the bomber. It will spending. It is obviously an absurd for- Mr. SANDERS. The gentleman generate a profit for the stockholders mula. You cannot spend another $92 makes two, I think, very, very impor- who will have invested in that corpora- billion over the next 7 years on the tant points. He explains that in Amer- tion. It will generate some jobs for military to build weapons that even ica we are angry, and we have good rea- some workers. But you could create now the Pentagon said it does not son to be angry. But what the Rush three times as many jobs for $31 billion want, it does not need, and have no Limbaughs of the world and the Repub- in the civilian sector if you choose to practical purpose. lican leadership are trying to do is get- spend the money to create jobs than ting us all angry at each other. The House voted this week, with very you can create by building B–2 bomb- Every day it seems like there is a little exposure to the public. This bill ers. new group that we are supposed to was brought forward under a very re- Mr. SANDERS. I want to keep the hate. On Monday we are supposed to strictive rule and we were allowed one discussion moving in this direction. All hate the gays, and on Tuesday we are amendment on the B–2 bomber. At $1.5 of us, the three of us, and almost ev- supposed to hate the immigrants, and billion each for bombers which the erybody in the Congress recognizes on Wednesday we hate the welfare re- Pentagon says have no purpose in the that we have a very serious deficit cipients, and Thursday it is antiblack post-cold-war world, and yet the House problem, very serious national debt. day, and Friday it is antiwoman day, of Representatives voted by a substan- But what we are talking about and and on and on it goes. And yet we are tial margin, lockstep on the Repub- wondering about is how do you move to never focusing on the real group of peo- lican side, followed by a number of lower the deficit when you give huge ple who hold the power in this country, Democrats, to build another 10 B–2 tax breaks to the rich, when you ex- and that is the very, very wealthy and bombers at the cost of $1.5 billion each, pand military spending, despite the the large multinational corporations something the Pentagon said it does fact we do not quite know who our who contribute huge sums of money to not want, does not need, and cannot enemy is, when you build planes that Members of this Congress, who control use, in addition to putting more money the Pentagon does not want. this Congress and write the agenda for into the star wars fantasy. But if you are going to move toward this Congress. We have spent $36 billion on star a balanced budget in 7 years, as Mr. I think what all of us are saying, in wars since Ronald Reagan first un- GINGRICH wants, or 10 years, as the different ways, is that maybe the time veiled this vision in the early eighties President wants, something has got to is long overdue when the middle class and you know what the net result is of give. If you give tax breaks to the rich- and the working people and the low-in- the money on star wars? One faked test est people in America, you are going to come people and the women and every- over the Pacific Ocean, and the Penta- have to cut someplace. If you build $31 body else began to stands together and gon admits they faked it. They could billion of B–2 bombers that the Penta- say that there is something wrong not hit the incoming missile. One mis- gon does not want, you are going to when our standard of living is going sile, not a fleet. They put explosives in have to cut someplace. Let us briefly down and when the richest people get it, they hit a button, it blew up, and talk about some of the areas where richer. they said look, star wars works. It does there will be cuts. OK? The gentleman from New York made not work, and it is a very expensive Medicare. What are they doing to a good point. There are some people fantasy. Medicare in order to give tax breaks to who still hold the illusion that we are Mr. OWENS. I want to linger for a the rich? No. 1 in the world, we are the wealthi- moment on the B–2 bomber, the cost of Mr. DEFAZIO. It is interesting, we est country in the world. Not for work- building the B–2 bombers. I think is a had a lot of discussion of health care H 6040 CONGRESSIONAL RECORD — HOUSE June 15, 1995 here last year. We had considerable op- maintain City University during the come nursing home patients, and Med- position on the Republican side of the Depression, and now we are saying we icaid will have to pay that bill. aisle and they said there was no prob- cannot do it. We have to increase the Mr. DEFAZIO. Just on the education lem with the health care system. It did tuition cost. issue which the gentleman raised, we not need a Federal fix. They did not First of all, for years there was no adopted in the last Congress an innova- mention Medicare as being in deep tuition at all, and then we imposed tui- tive idea. That is, why not have the trouble or being bankrupt. tion, and now we have to increase the schools make direct loans to the stu- They came up with a Contract on tuition cost because we are getting less dents, take out the banks as middle America to run for election. There is aid from the Federal Government and persons. The banks have been getting nothing in there about health care or less aid from the State government. So very high rates of interest for loans Medicare. Earlier this year we passed at a time when the society is far more that have no risk. The idea is you get emergency legislation, the rescissions complex than ever before, at a time interest because of risk. The president legislation and the emergency spending when we are stating clearly that any of the University of Oregon at the time for disasters. No mention of a disaster person who does not have a high edu- came, did calculations and he said that impending in Medicare or a need for cation is at great risk in terms of being for the same amount of Federal money changes in Medicare. able to be employed for most of his life, we could give another 600,000 students It was only after legislation had been and on the other hand those that do full entitlement to student loans if we adopted to cut taxes, predominantly have higher education, statistics and just took the banks and the bank prof- for people who earn over $100,000 a year studies have shown they cannot be em- its out. The Federal Government lends and the largest, most profitable cor- ployed, they put back in the economy, the money through the schools and, porations by $350 billion that suddenly they give back to the government you know, the Federal Government we found that we need to reduce Medi- through the payment of income taxes knows how to collect money. They care spending by nearly $300 billion. and they are more productive citizens. know where everybody is. A cynical person would say there was All of those things are highly desirable. So I am not worried about defaults. some linkage between the sudden need Yet in the Republican budget they go But do you know what, the Republican to reduce Medicare spending and the so far, not only do they make it more budget wants to do away with direct huge tax giveaways. Of course, that is difficult for college students by adding student loans and put the banks back denied. They want to reduce Medicare to the burden of their college loans, in the middle. That means take away by $300 billion in order to improve the they eliminated the Department of the loans of 600,000 students so that the program for seniors, the same seniors Education totally. banks can make a guaranteed profit on now who cannot afford prescription The elimination of the Department of a risk-free loan backed by the Federal drugs, if they can afford the co-pay- Education means you have no coordi- Government. That is just one more form of cor- ment to go to the doctor and get the nated approach to education and a sit- porate welfare, and that I think segues prescription. We are going to improve uation every day where education be- us back into what is a better vision for the system with no plan but just by re- comes more important. ducing it by $283 billion over the next a balanced budget. And I would just I would like to backtrack for just a 7 years. like to, I have to leave the floor; if I Mr. SANDERS. So what are we talk- minute to make a comment on Medic- could just lay out a couple thoughts ing about? Again, please follow the dis- aid. Very little is being said about and then I will yield to the gentleman. cussion: huge tax breaks for the rich, Medicaid because it is assumed that The idea that we have talked about significant increase in military spend- Medicaid is for the poorest people in earlier which is that the largest, most ing, major cutbacks in Medicare, which the country. Therefore, Medicaid has profitable corporations are not carry- will undoubtedly mean that elderly no political clout. We are just going to ing their fair share, that foreign cor- people who today cannot afford the dump them overboard. The Republicans porations are virtually paying no taxes cost of health care will have to pay are proposing to take away the entitle- in this country, that the largest gold more out of their own pockets, major ment to Medicaid. Entitlement means mining operations in the United States cutbacks in Medicaid to impact on the that everybody who gets sick, who is on public lands are foreign owned and elderly and the poor, major cutbacks in eligible because they do have to pass a paying no taxes to the United States of veterans’ programs. means test and they have to be income America. There are estimates that I always get a kick out of whenever eligible. That person is guaranteed to there is $150 to $200 billion a year, cred- there is a war, everyone tells us how have assistance from the government ible estimates that come from the far much they love our soldiers and the on health care once they qualify. right, the Cato Institute, to the Pro- veterans. But let us be clear. In the Re- To take away that entitlement gressive Policy Institute that say there publican budget and in Clinton’s budg- means that if people get sick near the is about $150 to $200 billion a year of et, we are talking about many billions end of the budget cycle they will be corporate welfare out there. And if we of dollars in cutbacks for our veterans, told by the State that there is no more went after just a fraction of that, we many of the people who fought in money. Medicaid is being cut more would not have to see any of these cuts World War II, they defeated Nazism, drastically than Medicare, and Medic- in order to get to a balanced budget. the VA needs more help, not less aid is not just a program for the poor- Just a fraction of those revenues money. est families. Two-thirds of the Medic- linked to reductions in military spend- Also we are talking about major, aid funding goes to the elderly and to ing would move us dramatically in the major cutbacks in student loans and in the disabled. direction we need to go. education. I know that Mr. OWENS and Many people who start out as middle Mr. SANDERS. I applaud the gentle- his community are very concerned class citizens when they get ill and are man’s remarks. He is absolutely right. about the high cost of education. We ill over a period of time, they are I know the three of us and many others want our people to get a college edu- forced to spend so much money until have been trying to focus this Congress cation. What does this budget do to the they end up in nursing homes, and on the issue of corporate welfare. When ability of your constituents and mine those nursing homes are paid for by most Americans think about welfare, to get a college education? Medicaid. The largest percentage of they say, my money is going to those Mr. OWENS. Well, New York City has Medicaid funds are going to nursing poor people. Wake up. More money is a long tradition of having education homes. So we are not, I hope that the going to the rich and to large corpora- available at the higher education level voters in general frown on creating a tions in terms of Federal subsidies and for great masses of students. New York second class health care system for tax breaks than are going to the poor City has been the place where large poor families, but you are not just hit- people. numbers of immigrants have come in ting poor families in that second class I know Mr. OWENS worked on the and found opportunity. Our City Uni- health care system. You are hitting issue of corporate welfare. I know you versity was established at the height of people who will become, that they will have some thoughts on it. Would you the Depression, so we were able to drop out of the middle class and be- share some of those? June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6041 Mr. OWENS. Again, the burden that poration. The gentleman from New allows them to be taxed at a rate which was borne by corporations in 1943 was York [Mr. OWENS] and I were talking is much smaller than the rate of the 39.8 percent of the total tax burden. about the decline in our economy for person who works hour by hour for The burden that corporations have, the working people. We are seeing corpora- wages. portion of the tax burden that corpora- tions investing $750 billion abroad The wage earner has seen his taxes tions bear now is only 11 percent. Indi- while they are throwing American go up tremendously over the last 12 viduals started in 1943 about 27 percent, workers out on the street. years. They do not call it taxes, as in and now individuals are paying 44 per- The American taxpayers would be de- the payroll taxes, the Medicare. There cent of the tax burden. That is a fact lighted to know that they subsidize are various ways in which the take- that I cannot emphasize too much. this Federal agency, OPIC, $50 million home pay of the wage earners has been I think Mr. DEFAZIO has said before a year, and what does this agency do? drastically reduced, at the same time that one way you can gain a large Its main job is to help American cor- we have had all these various programs amount of revenue, I do not have the porations invest in politically unstable to subsidize and to help increase the in- actual figures before me, but they were countries abroad. come of people who earn their income all listed in the Congressional Black We have AT&T, DuPont, GTE, Ford, from investments and from sales or Caucus budget, we listed specifically the largest corporations in America, capital gains. Enormous amounts of where we would find the money, which while they are busy throwing American money can be realized by changing the added up to almost $600 billion over a 7- workers out on the street, they are get- way we tax the capital gains. year period, $600 billion that would ting taxpayer help in order to invest in Mr. SANDERS. The gentleman is ab- have come from such items as one men- politically unstable countries. If there solutely right. What we have here is tioned by Mr. DEFAZIO, if you change is revolution or civil war in those coun- the Robin Hood proposal in reverse. We the way you tax foreign corporations, tries, we have provided insurance for take from the middle-class and work- if you change, just make a change from them, and in fact have a $6.3 billion in- ing people, and we give to the very, a tax credit that you utilize at one surance liability, and on and on it goes. very wealthy. point and make it a tax deduction, you The point that the gentleman from I think the main point that we want- gain enormous amounts of money. Oregon [Mr. DEFAZIO], the gentleman ed to make this evening is that we also If you close a lot of various loopholes from New York [Mr. OWENS], and I are are concerned about a $4.7 trillion na- that have been made over the years, trying to make is that we can move to- tional debt and the very high deficit the oil depletion allowance is still ward a balanced budget, but we can do that we have, but we think that it is there, it has been there forever. There it in a fair way. We do not have to sav- extraordinarily unfair to move toward are numerous loopholes that have been age Medicare, Medicaid, Head Start, a balanced budget on the backs of the developed because the corporations WIC, student loans, food stamps, and middle class, the working people, and have literally owned the Ways and many, many other programs that tens the low-income people, when at the Means Committee and the Ways and of millions of Americans depend upon. same time we are giving huge tax Means Committee, whether Democrat One of the programs that the Repub- breaks to the wealthiest people in this or Republican, has had the same ap- lican leadership has proposed to elimi- country, expanding military spending proach of being the servant of corpora- nate is the LIHEAP program, which at a time when we do not need to do so. tions. So down, down, down has gone provides fuel assistance for low-income Mr. Speaker, our hope is that the their portion of the tax burden, while people; 40 percent of the recipients are American people begin to focus on this the individual’s portion has gone up. senior citizens. issue and demand a little bit of justice Mr. SANDERS. Let me just pick up In my State of Vermont it gets pret- in this Congress, so we can deal with and give you a few more examples. ty cold in the winter, 20 below zero, 30 the budget and with our deficit in a We talk about Federal aid to hous- below zero. We have a lot of low-in- fair and reasonable way. ing. The leadership here in the Con- come senior citizens who cannot afford Mr. OWENS. Mr. Speaker, I would gress says, we cannot afford affordable the money for oil and gas to heat their like to close on an upbeat note. Amer- housing anymore. In fact, one of the homes. That will be eliminated. How- ica has a great future. The civilization lovely proposals was to cut back on ever, we can continue to provide an of the Western world has a great fu- Federal aid to homeless people with enormous amount of money for cor- ture. Science and technology now drive AIDS. We just cannot afford to provide porate welfare. wealth in the world. The more edu- any money to keep those people alive. Mr. OWENS. Mr. Speaker, I just want cated people we have, the more we Let us talk about another interesting to go back to the corporations’ swindle build on the base of science and tech- Federal housing program. That is the in terms of their reduction of their nology, the faster the wealth will in- mortgage interest deduction up to share of the tax burden over the years, crease. mortgages of $1 million. Now, most of and mention that if you change the The great injustice is that only a few the people that I know in the State of way you tax investments, income from people share in the benefits of this Vermont, they do not have million dol- investments, and the way you tax cap- science and technology. It was created lars homes. Maybe it is $100,000 a ital gains, which they are always try- by people whose names we never know, house; maybe it is a $200,000 house. ing to change, of course the Repub- by people whose names we do know, That is true throughout America. But licans want to lessen the rate on these but they never derive any direct wealth interestingly, if you got a million dol- items. from it, and we have built on it. lar mortgage, the house can be worth The Bible says man shall earn his liv- A lot of science and technology has more than a million dollars, you can ing by the sweat of his brow. Those been created by the American tax- deduct the interest on a million dollars people who really sweat to earn their payers. Many of the investments that of your mortgage. living, they are charged the highest are being made so profitably now on Who gets that benefit? Think it is rate. They are taxed at a higher rate Wall Street related to the tele- low income people? Middle income peo- than people who never sweat. communications industry, the com- ple? No. Obviously, upper income peo- They make investments, they sell puter industries, those were built upon ple who own the large houses are the and buy items, and they make enor- research and development done by the major beneficiaries of that program. mous profits, and that income is taxed military using the money of the Amer- That is called welfare. But that is a dif- at a much lower rate than the income ican taxpayers. ferent type of welfare, because you are earned by the guy out there is the All of us have a stake in this wealth helping the wealthiest people in Amer- plant who goes to work every day. that is being created by science and ica. Why? What is the justification? technology. The future of the world There is no justification, except that lies in this direction. If we focus on b 1800 the people who make the investments education and increase the number of Another program that I have paid a and who have the greatest gains from educated people in the country, we can little bit of attention to is called OPIC, capital gains, they have the power. generate enough wealth to be able to the Overseas Private Investment Cor- They have the power, and public policy meet all of the needs of all Americans. H 6042 CONGRESSIONAL RECORD — HOUSE June 15, 1995 If we use new revenue techniques, more tax credit, it applies to families earn- doing the least, will be affected more. creative techniques for getting reve- ing up to $200,000. It looks like the This, Mr. Speaker, is simply a fact of nue, so we derive the revenue from the President here has $100,000. They go on life. areas where the greatest increases in to say this is somehow a tax cut for the It should be pointed out, though, that wealth are taking place, then we can rich, as though the children of high-in- most of our savings were achieved always meet all of the needs of all come Americans are less deserving of through flexible freezes and not the Americans without pain and suffering. tax relief than others. But even this ar- elimination or reduction of very many I think we can look forward to the gument is false, since according to the programs. However, it is amazing. The future and not see a doomsday scenario Joint Economic Committee, fully Democrats portray the flexible freeze of inevitable, ongoing deficits forever three-fourths of the $500 per child tax as a cut, despite the fact that spending and ever, or suffering by the American credit would go to families earning less actually continues to increase. It sim- people as a result of trying to reduce than $75,000. ply does not increase at the same budg- the deficit. For low-income Americans, the tax et-busting rates as have been proposed Mr. SANDERS. I thank the gen- credit is even a better deal. Nearly 5 here for 40 years. tleman from New York for his million Americans at the lowest in- The best example of this paradox is thoughts, and I thank the gentleman come levels would no longer pay any the Medicare debate. Clearly and em- from Oregon. What we are fighting for taxes at all. So I am tired, and I think phatically, the Republican tax cuts is an America which will provide well the American people should be tired, of have nothing to do with slowing Medi- for all of our people, and not an Amer- the same old class warfare rhetoric care spending increase. Medicare is ica in which the rich get richer, and that the Democrats continue to haul funded by a payroll tax that goes into most of the people see a decline in out every time we talk about tax cuts. a separate trust fund. That trust fund their standard of living. I thank the The Democrats seem to believe the will go bankrupt in the year 2002. That gentleman. rich are the only people who have chil- is what the trustees of the Medicare f dren, who got married, and that earn- trust fund who have told us. The fact of ing $75,000 makes you rich. The truth is THE REPUBLICAN TAX PLAN the matter is, the Democrats know the Republican tax package benefits all this, but insist on misrepresenting the The SPEAKER pro tempore. Under a Americans. It is particularly beneficial tax cuts to hide the fact that they do previous order of the House, the gen- to all families, but it also benefits not have a balanced budget here in the tleman from Florida [Mr. STEARNS] is groups, such as seniors. House. Now the President of the United recognized for 10 minutes. For starters, our package calls for States has come out with a balanced Mr. STEARNS. Mr. Speaker, I am de- the repeal of the 35-percent Social Se- budget. lighted to come down here to talk curity tax hike President Clinton I see in several of the papers today about the Republican budget, and spe- rammed through in 1993. The Repub- that some of the Democrat leaders in cifically, the Republican plan to reduce lican plan brings the rates on singles the House here are upset that the taxes. I saw, Mr. Speaker, that the earning more than $34,000 and couples President put forth a balanced budget President came out with his own budg- earning more than $44,000 back to 50 program, even though it is over 10 et. As many of you know in the House, percent. We would also raise the earn- years. we have included tax cuts that ing limit on Social Security benefits. Frankly, Mr. Speaker, what the Re- amounted to $350 billion. It included a Instead of $11,280, seniors can earn up publicans have done is then infused the $500 tax credit for every child in Amer- to $30,000 before Social Security taxes economy with $189 million, cut need- ica, plus it reduced capital gains. kick in. The total savings for our less and duplicative programs, elimi- The Senate does not have these spe- American seniors is $30 billion. That is cific cuts, but they cut $170 billion if nated wasteful spending, and salvaged we balance the budget. However, I no- important to make that point. America’s future. Furthermore, the Republican tax Now the only strategy left for the tice in the President’s budget he in- package gives all Americans a 50-per- Democrats is to misrepresent what we cluded a middle-class tax cut. It in- cent capital gains tax. According to a have done. However, Mr. Speaker, for cludes 96 billion dollars’ worth of cuts, study released by the Joint Economic including a $500 credit per child, and 40 years they have had the opportunity Committee, nearly 70 percent of those $10,000 college tuition credit for fami- to run this country, so I ask everybody Americans who claim capital gains lies earning less than $100,000. to ask this question: Are we better off I think, Mr. Speaker, when we talk have incomes of less than $50,000. now, or are we better off when they about reducing taxes, it looks like the Republicans will ease the burden on took power? President of the United States has overtaxed businesses, too. Our plan Forty years ago there was no na- come on board, too. I would like to just would save American businesses $21 bil- tional debt to speak of, and Americans briefly, in this 10 minutes, set the lion over the next 5 years, money that paid only 3 percent of their income to record straight. We have heard for too will be reinvested and returned again the Federal Government. Today we long now the Republican budget con- and again to the consumer in lower have a $5 trillion national debt and the tains a tax cut that hurts the poor and prices and in higher working wages. average American family pays a full 25 benefits the rich. How can I say this, Mr. Speaker, the Republican package percent of its income to the Federal Mr. Speaker. There is no truth to this will save Americans $189 billion over Government. Taxes at all levels of Gov- claim. the next 5 years. That is $189 billion ernment now consume 40 percent of the The Democrats argue that the Re- that all Americans would be able to average family’s income, more than publican tax cut would benefit only the share and spend and reinvest in Amer- they spend on food, clothing, and shel- rich, when the fact is that the major ica. The best thing about it is it is all ter combined. component of our tax package, as I paid for in the budget. We put a down Mr. Speaker, we have suffered mentioned, is a $500 per child tax credit payment on the savings when we through 40 years of tax increases and 40 for families. Of the $189 billion in tax passed the rescission bill. It is unfortu- years of big government. Finally, Re- cuts we proposed over 5 years, $94 bil- nate the President vetoed it. We paid publicans have reversed a trend and set lion, or fully half, goes directly to fam- for the rest last week when we ap- our country back on track. We have ilies in the form of the $500 per child proved the Republican budget with the found a way to ensure a future for our tax credit. spending reductions. children, we have found a way to let Families receive other tax benefits, Of course, the Democrats will argue American taxpayers keep more of their including expanded IRA’s, repeal of the these spending reductions will affect own money, and we have found a way marriage penalty, and incentives for only low-income Americans. Again, to remove the burden of bureaucratic long-term care insurance. All told, they are wrong. Our budget represents spending from our government. families would receive $114 billion across the board spending reductions, Mr. Speaker, it is time for the loyal worth of tax relief under our plan. reductions that would affect all Ameri- opposition to face the facts. They have Democrats have argued and tried to cans. It is just that those with their left it up to the Republicans to balance argue that because of the $500 per child hands out, those who receive most for the budget, to tackle the impending June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6043

Medicare insolvency, which is fine, be- tions about what winning the award Mr. MONTGOMERY, for 5 minutes, cause that is precisely what we intend meant, it seemed that all Hakeem today. to do for the sake of our children, our could do was unselfishly pay tribute to Mr. POSHARD, for 5 minutes, today. seniors, and the future of this great his teammates. ‘‘We played team bas- Mr. DEFAZIO, for 5 minutes, today. Nation. ketball,’’ he said. ‘‘I’m just so happy (The following Members (at the re- f for Clyde.’’ quest of Mrs. KELLY) to revise and ex- Last year, when the Rockets won, tend their remarks and include extra- b 1815 they were all seen as a mediocre team neous material:) TRIBUTE TO THE CHAMPION who happened to win it all during a Mr. SMITH of Michigan, for 5 minutes, HOUSTON ROCKETS year when no great team emerged. This today and on June 21. year, having won it again, the Rockets Mr. DELAY, for 5 minutes, today. The SPEAKER pro tempore (Mr. have finally proven to the world what Mr. EHLERS, for 5 minutes, today and HAYWORTH). Under the Speaker’s an- they and ‘‘Clutch City’’ have known all on June 16. nounced policy of May 12, 1995, the gen- along. This team is a legitimate cham- Mr. FOX of Pennsylvania, for 5 min- tleman from Texas [Mr. DELAY] is rec- pion. They are the first NBA team to utes, today. ognized for 10 minutes as the designee ever repeat with a sweep. And now, (The following Member (at his own of the majority leader. having won another world champion- request) to revise and extend his re- Mr. DELAY. Mr. Speaker, the Hous- ship, the Rockets have shown them- marks and include extraneous mate- ton Rockets have done it again. How selves to be the greatest basketball rial:) fitting that on Flag Day, the Rockets team in the world. Mr. GONZALEZ, for 5 minutes, today. captured their second championship I send out a heartfelt congratulations (The following Member (at his own banner. Who would have thought just 7 to owner Les Alexander, Coach Rudy request) to revise and extend his re- short weeks ago that the Rockets Tomjonavich and the Houston Rockets marks and include extraneous mate- would be the World Champions? Who basketball team. On behalf of a grate- rial:) could have thought that a team ranked ful city I thank them for giving us yet Mr. STEARNS, for 10 minutes, today. No. 6 going into the Western Con- another ring to be proud of. So before f ference playoffs, could win it all? Who I leave today, let me leave you with a dared to dream that the combination of poem, chronicling the play-off drive of EXTENSION OF REMARKS Hakeem ‘‘The Dream’’ Olajuwon and the world champion Houston Rockets. By unanimous consent, permission to Clyde ‘‘the Glide’’ Drexler would ac- The play-offs started against the Utah Jazz; revise and extend remarks was granted complish something that eluded them The Rockets beat ’em, but nobody spazzed; to: in their years together at my alma- Next came the Suns and ; (The following Members (at the re- mater, the University of Houston? Their talent, I’m afraid, proved a bunch of quest of Mr. POSHARD) and to include Well, the answer to these questions malarkey; extraneous matter:) should be obvious—nobody. Nobody be- The Spurs were on fire, the highly praised Mr. HASTINGS of Florida. lieved the Houston Rockets could win a number one seed; Mr. LANTOS. second world championship; nobody But the Rockets cut ’em down to size, like Mr. MONTGOMERY. but the Houston Rockets. And in the an overgrown garden weed; Finally at last, the Magic fell to defeat; Mr. SKELTON. end, that’s all that really mattered. The Rockets left standing, shouting ‘‘Re- Mr. MFUME. Last night the Rockets used their peat!’’ Mr. MENENDEZ in two instances. magic brooms to sweep the Orlando Yes, Shaq be nimble (The following Members (at the re- Magic back to the land of Disney. Yeah, Shaq be quick quest of Mrs. KELLY) and to include ex- When Rudy Tomjonavich took the But Shaq came to Houston traneous matter:) helm of this Houston ballclub 2 years And got his tail kicked. How sweet it is!!! Mr. KING in two instances. ago, he inherited a team that many Mr. SPENCE. f thought talented, but few thought ca- Mr. GILCHREST. pable of winning a championship. How- LEAVE OF ABSENCE Mrs. KELLY. ever, through their hard work and dedi- Mr. WALSH. By unanimous consent, leave of ab- cation, the Rockets proved their critics Mr. FRANKS of New Jersey. sence was granted to: wrong. Mr. WOLF. Mr. KLECZKA (at the request of Mr. This season, the Rockets had a sub- Mr. SOLOMON. GEPHARDT), for the week of June 13, on par regular season. They struggled at Mr. DAVIS. times and the trade for Clyde Drexler account of medical reasons. f was viewed by many as being a mis- Mr. DICKEY (at the request of Mr. take. Nonetheless, the Phi Slamma ARMEY), for today, on account of offi- ADJOURNMENT Jamma duo proved to be an cial business. Mr. DELAY. Mr. Speaker, I move unstoppable winning combination. Mr. MCNULTY (at the request of Mr. that the House do now adjourn. The Houston Rockets are a positive GEPHARDT), for today after 2 p.m., on The motion was agreed to; accord- role model for our county. They are the account of personal reasons. ingly (at 6 o’clock and 20 minutes underdogs who have overcome great Mr. YATES (at the request of Mr. GEP- p.m.), the House adjourned until to- odds to achieve a goal. And doesn’t this HARDT), for today, on account of ill- morrow, Friday, June 16, 1995, at 10 country just love an underdog. The ness. a.m. Rockets have taught us all a valuable f lesson about believing in yourself and f SPECIAL ORDERS GRANTED performing to the best of your abili- EXECUTIVE COMMUNICATIONS, ties. With the heartbeat of a champion, By unanimous consent, permission to ETC. they have captured their second crown address the House, following the legis- with an unprecedented combination of lative program and any special orders Under clause 2 of rule XXIV, execu- humility and hunger. Sure, the Rock- heretofore entered, was granted to: tive communications were taken from ets have the greatest player on the (The following Members (at the re- the Speaker’s table and referred as fol- planet in Hakeem Olajuwon. But this quest of Mr. POSHARD) to revise and ex- lows: victory was not an individual one by tend their remarks and include extra- 1037. A letter from the Under Secretary of any stretch. It was a team victory. neous material:) Defense, transmitting a report of a violation of the Anti-Deficiency Act which occurred at That is the beauty of the Houston Mr. LIPINSKI, for 5 minutes, today. the Maryland Army National Guard, pursu- Rockets. Ms. KAPTUR, for 5 minutes, today. ant to 31 U.S.C. 1517(b); to the Committee on Last night, Hakeem was awarded the Mr. OWENS, for 5 minutes, today. Appropriations. Most Valuable Player in the finals. As Mr. FALEOMAVAEGA, for 5 minutes, 1038. A letter from the Assistant Secretary reporters bombarded him with ques- today. (Special Operations/Low-Intensity Conflict), H 6044 CONGRESSIONAL RECORD — HOUSE June 15, 1995 Department of Defense, transmitting DOD’s 1050. A letter from the Chairman, U.S. transmitting the Department’s March 1995 humanitarian assistance activities report, Equal Employment Opportunity Commis- ‘‘Treasury Bulletin’’; jointly, to the Commit- pursuant to 10 U.S.C. 401 note; to the Com- sion, transmitting the semiannual report on tees on Ways and Means, Resources, Eco- mittee on National Security. activities of the inspector general for the pe- nomic and Educational Opportunities, Com- 1039. A letter from the Director, Adminis- riod October 1, 1994, through March 31, 1995, merce, Transportation and Infrastructure, tration & Management, Department of De- pursuant to 5 U.S.C. app. (Insp. Gen. Act) and Agriculture. fense, transmitting notification that the Of- section 5(b); to the Committee on Govern- f fice of the Secretary of Defense, Washington ment Reform and Oversight. Headquarters Services, Real Estate and Fa- 1051. A letter from the Clerk, U.S. House of REPORTS OF COMMITTEES ON cilities Directorate [RE&F], is initiating a Representatives, transmitting the quarterly PUBLIC BILLS AND RESOLUTIONS study, to include a cost comparison that will report of receipts and expenditures of appro- encompass cleaning services performed at priations and other funds for the period Jan- Under clause 2 of rule XIII, reports of the Pentagon by Government employees, uary 1, 1995, through March 31, 1995, pursuant committees were delivered to the Clerk pursuant to 10 U.S.C. 2304 note; to the Com- to 2 U.S.C. 104a (H. Doc. No. 104–85); to the for printing and reference to the proper mittee on National Security. Committee on House Oversight and ordered calender, as follows: 1040. A letter from the Assistant Secretary to be printed. Mr. YOUNG of Alaska: Committee on Re- (Force Management Policy), Department of 1052. A letter from the U.S. Court of Ap- sources. H.R. 70. A bill to permit exports of Defense, transmitting the Department’s re- peals, District of Columbia Circuit, trans- certain domestically produced crude oil, and port on the Civilian Separation Pay Pro- mitting an opinion of the U.S. Court of Ap- for other purposes; with an amendment gram, pursuant to 5 U.S.C. 5597 note; to the peals (90–3041—United States versus Ander- (Rept. 104–139, Pt. 1). Referred to the Com- Committee on National Security. son); to the Committee on the Judiciary. 1041. A letter from the General Counsel of 1053. A letter from the U.S. Court of Ap- mittee of the Whole House on the State of the Department of Defense, transmitting a peals, District of Columbia Circuit, trans- the Union. Mr. QUILLEN: Committee on Rules. House draft of proposed legislation to amend sec- mitting an opinion of the U.S. Court of Ap- Resolution 167. Resolution Providing for con- tion 404 of title 37, United States Code, to peals (93–1621—Cheney Railroad Co. versus eliminate the requirement that travel mile- Railroad Retirement Board); to the Commit- sideration of the bill (H.R. 1817) making ap- age tables be prepared under the direction of tee on Transportation and Infrastructure. propriations for military construction for the Secretary of Defense; to the Committee 1054. A letter from the Chief Judge, U.S. the Department of Defense for the fiscal year on National Security. Court of Veterans Appeals, transmitting the ending September 30, 1996, and for other pur- 1042. A letter from the General Counsel of annual estimate of the expenditures and ap- poses (Rept. 104–140). Referred to the House the Department of Defense, transmitting a propriations necessary for the maintenance Calendar. draft of proposed legislation to amend chap- and operation of the Court of Veterans Ap- Mr. PACKARD: Committee on Appropria- ter 38 of title 10, United States Code, as peals Retirement Fund, pursuant to 31 U.S.C. tions. H.R. 1854. A bill making appropria- added by the Goldwater-Nichols Department 9503(a)(1)(B); to the Committee on Veterans’ tions for the legislative branch for the fiscal of Defense Reorganization Act of 1986 (Public Affairs. year ending September 30, 1996, and for other Law 99–433; 100 Stat. 992), with respect to 1055. A letter from the Secretary of De- purposes (Rept. 104–141). Referred to the joint officer management policies for the fense, transmitting the second fiscal year Committee of the Whole House on the State Army, Navy, Air Force, and Marine Corps; to 1995 DOD report on proposed obligations for of the Union. the Committee on National Security. facilitating weapons destruction and non- Mr. LIVINGSTON: Committee on Appro- 1043. A letter from the Office of Civilian proliferation in the former Soviet Union, priations. Report on the subdivision of budg- Radioactive Waste Management, transmit- pursuant to 22 U.S.C. 5955; jointly, to the et totals for fiscal year 1996 (Rept. 104–142). ting the 11th annual report on the activities Committee on National Security and Inter- Referred to the Committee of the Whole and expenditures of the Office of Civilian Ra- national Relations. House on the State of the Union. dioactive Waste Management, pursuant to 42 1056. A letter from the Secretary of De- Mr. CALLAHAN: Committee on Appropria- U.S.C. 10224(c); to the Committee on Com- fense, transmitting the Department’s report tions. H.R. 1868. A bill making appropria- merce. entitled, ‘‘National Space Transportation tions for the foreign operations, export fi- 1044. A letter from the Chairman, Nuclear Policy: Coordinated Technology Plan,’’ pur- nancing, and related programs for the fiscal Regulatory Commission, transmitting the suant to Public Law 103–337, section 211(f) year ending September 30, 1996, and for other report of the nondisclosure of safeguards in- (108 Stat. 2691); jointly, to the Committee on purposes (Rept. 104–143). Referred to the formation for the quarter ending March 31, National Security and Science. Committee of the Whole House on the State 1995, pursuant to 42 U.S.C. 2167(d); to the 1057. A letter from the U.S. Court of Ap- of the Union. Committee on Commerce. peals, District of Columbia Circuit, trans- f 1045. A letter from the U.S. Court of Ap- mitting an opinion of the U.S. Court of Ap- peals, District of Columbia Circuit, trans- peals (93–1488—AFGE Local 3295 versus DISCHARGE OF COMMITTEE mitting an opinion of the U.S. Court of Ap- FLRA); jointly, to the Committees on Bank- Under clause 5 of rule X, the follow- peals (93–1652—American Scholastic TV Pro- ing and Financial Services and Economic ing action was taken by the Speaker: gramming Foundation versus FCC); to the and Educational Opportunities. Committee on Commerce. 1058. A letter from the Assistant Secretary H.R. 70. The Committee on International 1046. A letter from the Assistant Secretary for Legislative Affairs, Department of State, Relations discharged. Referred to the Com- for Legislative Affairs, Department of State, transmitting notification that the President mittee of the Whole House on the State of transmitting notification of a proposed li- has made a certification pursuant to section the Union. cense for the export of major defense equip- 577 of the Foreign Operations, Export Fi- f ment and services sold commercially to the nancing, and Related Programs Appropria- United Kingdom (Transmittal No. DTC–35– tions Act of 1994, pursuant to Public Law TIME LIMITATION OF REFERRED 95), pursuant to 22 U.S.C. 2776(c); to the Com- 103–87, section 577(b) (107 Stat. 973); jointly, BILL mittee on International Relations. to the Committees on International Rela- Pursuant to clause 5 of rule X the fol- 1047. A letter from the Assistant Secretary tions and Appropriations. for Legislative Affairs, Department of State, 1059. A letter from the General Counsel of lowing action was taken by the Speak- transmitting notification of a proposed li- the Navy, transmitting a draft of proposed er: cense for the export of major defense equip- legislation entitled, the ‘‘Uniform National H.R. 70. Referral to the Committee on ment and services sold commercially to the Discharge Standards for Armed Forces Ves- International Relations extended for a period United Kingdom (Transmittal No. DTC–37– sels Act of 1995’’; jointly, to the Committees ending not later than June 15, 1995. 95), pursuant to 22 U.S.C. 2779(c); to the Com- on Transportation and Infrastructure and f mittee on International Relations. National Security. 1048. A letter from the Secretary of Labor, 1060. A letter from the Secretary of Trans- PUBLIC BILLS AND RESOLUTIONS transmitting a report of activities under the portation, transmitting a report on alter- Under clause 5 of rule X and clause 4 Freedom of Information Act for calendar native transportation modes for use in the year 1994, pursuant to 5 U.S.C. 552(e); to the National Park System, pursuant to Public of rule XXII, public bills and resolu- Committee on Government Reform and Law 102–240, section 1050(a) (105 Stat. 2000); tions were introduced and severally re- Oversight. jointly, to the Committees on Transpor- ferred as follows: 1049. A letter from the Secretary, Smithso- tation and Infrastructure and Resources. By Mr. SCHIFF (for himself, Mr. PETE nian Institution, transmitting the semi- 1061. A letter from the U.S. Court of Ap- GEREN of Texas, and Mr. BOEHLERT): annual report on activities of the inspector peals, District of Columbia Circuit, trans- H.R. 1851. A bill to authorize appropria- general for the period October 1, 1994, mitting an opinion of the U.S. Court of Ap- tions for carrying out the Federal Fire Pre- through March 31, 1995, and the management peals (94–3105—United States versus Duren- vention and Control Act of 1974 for fiscal report for the same period, pursuant to 5 berger); jointly, to the Committees on Rules years 1996 and 1997; to the Committee on U.S.C. app. (Insp. Gen. Act) section 5(b); to and the Judiciary. Science. the Committee on Government Reform and 1062. A letter from the Fiscal Assistant By Mr. SCHIFF (for himself and Mr. Oversight. Secretary, Department of the Treasury, PETE GEREN of Texas): June 15, 1995 CONGRESSIONAL RECORD — HOUSE H 6045

H.R. 1852. A bill to authorize appropria- in the jurisdiction of the committee con- Mr. PAYNE of New Jersey, Ms. tions for the National Science Foundations, cerned. PELOSI, Mr. RANGEL, Mr. REED, Mr. and for other purposes; to the Committee on By Mr. FRANKS of New Jersey: REYNOLDS, Mr. RICHARDSON, Ms. RIV- Science. H.R. 1857. A bill to amend the Internal Rev- ERS, Ms. ROYBAL-ALLARD, Mr. RUSH, By Mr. MEEHAN (for himself and Mr. enue Code of 1986 to allow an individual who Mr. SABO, Mr. SANDERS, Mr. SAWYER, HANSEN): has attained age 55 a deduction for amounts Mrs. SCHROEDER, Mr. SCHUMER, Mr. H.R. 1853. A bill to amend the Federal paid for insurance to be used to pay real SERRANO, Ms. SLAUGHTER, Mr. STARK, Food, Drug, and Cosmetic Act to require the property taxes on the principal residence of Mr. THOMPSON, Mr. TORRES, Mr. reduction and eventual elimination of nico- the individual after the individual has at- TORRICELLI, Mr. TOWNS, Mr. TRAFI- tine in tobacco products; to the Committee tained age 65; to the Committee on Ways and CANT, Mr. UNDERWOOD, Ms. on Science. Means. VELA´ ZQUEZ, Ms. WATERS, Mr. WATT of By Mr. PACKARD: By Mr. LEACH: North Carolina, Mr. WAXMAN, Ms. H.R. 1854. A bill making appropriations for H.R. 1858. A bill to reduce paperwork and WOOLSEY, Mr. WYDEN, Mr. WYNN, and the legislative branch for the fiscal year end- additional regulatory burdens for depository Mr. YATES): ing September 30, 1996, and for other pur- institutions; to the Committee on Banking H.R. 1863. A bill to prohibit employment poses; committed to the Committee of the and Financial Services. discrimination on the basis of sexual ori- Whole House on the State of the Union. By Mr. MILLER of California: entation; to the Committee on Economic and By Mr. DAVIS (for himself, Mrs. H.R. 1859. A bill to require employers to Educational Opportunities, and in addition MORELLA, and Mr. WOLF): post, and to provide to employees individ- to the Committees on House Oversight, Gov- H.R. 1855. A bill to amend title 11, District ually, information relating to sexual harass- ernment Reform and Oversight, and the Ju- of Columbia Code, to restrict the authority ment that violates title VII of the Civil diciary, for a period to be subsequently de- of the Superior Court of the District of Co- Rights Act of 1964; and for other purposes; to termined by the Speaker, in each case for lumbia over certain pending cases involving the Committee on Economic and Edu- consideration of such provisions as fall with- child custody and visitation rights; to the cational Opportunities. in the jurisdiction of the committee con- Committee on Government Reform and H.R. 1860. A bill to authorize the Secretary cerned. Oversight. of Transportation to convey the vessel S.S. By Mr. ROYCE (for himself and Mr. By Mr. EMERSON (for himself, Mr. MI- Red Oak Victory to Richmond Museum Asso- NEUMANN): NETA, Mr. EWING, Mr. BOEHLERT, Mr. ciation, Inc., located in Richmond, CA, for H.R. 1864. A bill making emergency supple- ABERCROMBIE, Mr. ACKERMAN, Mr. use as a monument to the wartime accom- mental appropriations for additional disaster ANDREWS, Mr. BAESLER, Mr. BLILEY, plishments of the city of Richmond; to the assistance and making rescissions for the fis- Mr. BORSKI, Mr. BROWN of Ohio, Mr. Committee on National Security. cal year ending September 30, 1995, and for BURTON of Indiana, Mr. CALVERT, Mr. By Mr. MOORHEAD: other purposes; to the Committee on Appro- CANADY, Mr. CLYBURN, Mr. COLLINS of H.R. 1861. A bill to make technical correc- priations, and in addition to the Committee Georgia, Miss COLLINS of Michigan, tions in the Satellite Home Viewer Act of on the Budget, for a period to be subse- Mr. CONDIT, Mr. COSTELLO, Mr. 1994 and other provisions of title 17, United quently determined by the Speaker, in each CRAMER, Mr. CRANE, Ms. DANNER, Mr. States Code; to the Committee on the Judici- case for consideration of such provisions as DEFAZIO, Mr. DEUTSCH, Mr. DIAZ- ary. fall within the jurisdiction of the committee BALART, Mr. DICKS, Mr. DICKEY, Mr. By Ms. NORTON (for herself (by re- concerned. DINGELL, Mr. DIXON, Mr. DOOLITTLE, quest) and Mr. DAVIS): By Mr. WHITFIELD: Mr. DORNAN, Mr. DREIER, Mr. DURBIN, H.R. 1862. A bill to permit certain revenues H.R. 1865. A bill to amend the Federal Elec- Ms. ESHOO, Mr. FALEOMAVAEGA, Mr. of the District of Columbia to be expended tion Campaign Act of 1971 to provide that FARR, Mr. FAZIO of California, Mr. for activities relating to the operation of the the same limitation on contributions to can- FIELDS of Texas, Mr. FILNER, Mr. Washington Convention Center and the con- didates shall apply to multicandidate politi- FORD, Mrs. FOWLER, Ms. FURSE, Mr. struction of a new convention center in the cal committees and other persons; to the GALLEGLY, Mr. GILLMOR, Mr. GORDON, District of Columbia; to the Committee on Committee on House Oversight. Mr. GENE GREEN of Texas, Mr. HALL Government Reform and Oversight. By Mr. WOLF (for himself, Mr. BAKER of Texas, Mr. HASTERT, Mr. HAYES, By Mr. STUDDS (for himself, Mr. of Louisiana, Mr. BLUTE, Mr. DAVIS, Mr. HERGER, Mr. HOBSON, Mr. HORN, FRANK of Massachusetts, Mrs. Mr. FROST, Mr. HANSEN, Mr. Mr. HUTCHINSON, Ms. EDDIE BERNICE MORELLA, Mr. TORKILDSEN, Mr. ABER- MCDERMOTT, Mrs. MORELLA, and Mr. JOHNSON of Texas, Mr. JOHNSTON of CROMBIE, Mr. ACKERMAN, Mr. BOEH- REYNOLDS): LERT, Mr. FLANAGAN, Mr. BALDACCI, Florida, Mr. KIM, Mr. KNOLLENBERG, H.R. 1866. A bill to promote the implemen- Mr. BARRETT of Wisconsin, Mr. GIL- Mr. LAHOOD, Mrs. LINCOLN, Mr. tation of programs to improve the traffic MAN, Mr. GUNDERSON, Mr. BECERRA, LATOURETTE, Mr. LAUGHLIN, Mr. safety performance of high risk drivers; to Mr. BEILENSON, Mr. HORN, Mrs. JOHN- LEWIS of California, Mr. LIPINSKI, Mr. the Committee on Transportation and Infra- SON of Connecticut, Mr. BERMAN, Mr. LIVINGSTON, Mr. MATSUI, Mr. structure. BONIER, Mrs. KELLY, Mr. SHAYS, Mr. MANZULLO, Mr. MCCOLLUM, Mr. By Mr. CALLAHAN: BROWN of California, Mr. CARDIN, Mr. MCDERMOTT, Mr. MCKEON, Mrs. MEEK H.R. 1868. A bill making appropriations for CLAY, Mrs. CLAYTON, Mr. CLYBURN, of Florida, Mr. MINGE, Mr. MOOR- foreign operations, export financing, and re- Mr. COLEMAN, Miss COLLINS of Michi- HEAD, Mr. MYERS of Indiana, Mr. lated programs for the fiscal year ending gan, Mr. CONYERS, Mr. COYNE, Mr. NEAL of Massachusetts, Mr. NEY, Mr. September 30, 1996, and for other purposes. DEFAZIO, Ms. DELAURO, Mr. DEL- NUSSLE, Mr. OBERSTAR, Mr. PALLONE, By Mr. LIPINSKI: Mr. PASTOR, Mr. PAXON, Mr. PETER- LUMS, Mr. DEUTSCH, Mr. DICKS, Mr. H. Con. Res. 77. Concurrent resolution con- SON of Florida, Mr. POMEROY, Mr. DIXON, Mr. DURBIN, Mr. ENGEL, Ms. cerning the Fourth World Conference on PORTER, Mr. POSHARD, Mr. QUILLEN, ESHOO, Mr. EVANS, Mr. Women in Beijing; to the Committee on Mr. QUINN, Mr. RAHALL, Mr. RIGGS, FALEOMAVAEGA, Mr. FARR, Mr. FAZIO International Relations. Mr. ROMERO-BARCELO, Mr. SCHIFF, of California, Mr. FILNER, Mr. FLAKE, f Mr. SHAW, Mr. SKELTON, Mr. SOLO- Mr. FOGLIETTA, Ms. FURSE, Mr. GEJD- MON, Mr. SPENCE, Mr. STEARNS, Mr. ENSON, Mr. GONZALEZ, Mr. MEMORIALS TALENT, Mr. THORNTON, Mr. GUTIERREZ, Ms. HARMAN, Mr. HAST- TORRICELLI, Mr. TOWNS, Mr. TRAFI- INGS of Florida, Mr. HINCHEY, Mr. Under clause 4 of rule XXII, memori- CANT, Mr. TUCKER, Mr. UNDERWOOD, HOYER, Ms. JACKSON-LEE, Mr. JEF- als were presented and referred as fol- Mr. VOLKMER, Mr. WELDON of Penn- FERSON, Ms. EDDIE BERNICE JOHNSON lows: sylvania, Mr. WHITFIELD, and Mr. of Texas, Mr. JOHNSTON of Florida, 112. By the SPEAKER: Memorial of the WISE): Mr. KENNEDY of Massachusetts, Mr. House of Representatives of the State of Col- H.R. 1856. A bill to amend the Robert T. KENNEDY of Rhode Island, Mrs. KEN- orado, relative to the reauthorization of the Stafford Disaster Relief and Emergency As- NELLY, Mr. KILDEE, Mr. LANTOS, Mr. Conservation Program Improvements Act; to sistance Act to provide for an expanded Fed- LEVIN, Mr. LEWIS of Georgia, Ms. the Committee on Agriculture. eral program of hazard mitigation, relief, LOFGREN, Ms. LOWEY, Mrs. MALONEY, 113. Also, memorial of the House of Rep- and insurance against the risk of cata- Mr. MARKEY, Mr. MARTINEZ, Mr. resentatives of the Commonwealth of Penn- strophic natural disasters, such as hurri- MATSUI, Ms. MCCARTHY, Mr. sylvania, relative to maintaining the status canes, earthquakes, and volcanic eruptions, MCDERMOTT, Ms. MCKINNEY, Mr. quo at , PA; to the and for other purposes; to the Committee on MEEHAN, Mrs. MEEK of Florida, Mr. Committee on National Security. Transportation and Infrastructure, and in MENENDEZ, Mr. MFUME, Mr. MILLER f addition to the Committees on Commerce, of California, Mr. MINETA, Mrs. MINK Banking and Financial Services, and Ways of Hawaii, Mr. MORAN, Mr. MOAKLEY, PRIVATE BILLS AND and Means, for a period to be subsequently Mr. NADLER, Mr. NEAL of Massachu- RESOLUTIONS determined by the Speaker, in each case for setts, Ms. NORTON, Mr. OLVER, Mr. consideration of such provisions as fall with- OWENS, Mr. PALLONE, Mr. PASTOR, Under clause 1 of rule XXII, H 6046 CONGRESSIONAL RECORD — HOUSE June 15, 1995

Mr. DUNCAN introduced a bill (H.R. 1867) H.R. 1384: Mr. STUMP, Mr. SMITH of New SEC. 126. The amounts otherwise provided for the relief of Gregory E. Walters; which Jersey, Mr. BILIRAKIS, Mr. STEARNS, Mr. in this Act for the following accounts are was referred to the Committee on the Judici- BARR, Mr. COOLEY, Mr. EVANS, Mr. FILNER, hereby reduced by 5 percent: ary. Ms. BROWN of Florida, Mr. DOYLE, and Mr. (1) ‘‘Military Construction, Army’’. f MASCARA. (2) ‘‘Military Construction, Navy’’. H.R. 1397: Mr. HOKE. (3) ‘‘Military Construction, Air Force’’. ADDITIONAL SPONSORS H.R. 1442: Ms. FURSE and Mr. ENGLISH of Pennsylvania. (4) ‘‘Military Construction, Defense-wide’’. Under clause 4 of rule XXII, sponsors H.R. 1523: Mr. FALEOMAVAEGA. (5) ‘‘Military Construction, Army National were added to public bills and resolu- H.R. 1536: Mr. STUMP, Mr. SMITH of New Guard’’. tions as follows: Jersey, Mr. BILIRAKIS, Mr. STEARNS, Mr. (6) ‘‘Military Construction, Air National BARR, Mr. COOLEY, Mr. EVANS, Mr. FILNER, Guard’’. H.R. 46: Mr. SENSENBRENNER, Mr. SCHIFF, Ms. BROWN of Florida, Mr. DOYLE, and Mr. (7) ‘‘Military Construction, Army Re- Mr. CONDIT, Mr. COBLE, and Mr. HAYES. MASCARA. serve’’. H.R. 94: Mr. SHAW and Mr. PICKETT. H.R. 1547: Mr. MINETA and Mr. REYNOLDS. (8) ‘‘Military Construction, Naval Re- H.R. 426: Mr. EHLERS. H.R. 1565: Mr. SMITH of New Jersey, Mr. serve’’. H.R. 427: Mr. SALMON, Mr. COBLE, Mr. BILIRAKIS, Mr. STEARNS, Mr. BARR, Mr. (9) ‘‘Military Construction, Air Force Re- LUCAS, Mr. COX, and Mr. POMEROY. COOLEY, Mr. EVANS, Mr. FILNER, Ms. BROWN serve’’. H.R. 580: Mr. LAHOOD, Mr. BEREUTER, Mrs. of Florida, Mr. DOYLE, Mr. MASCARA, and Mr. (10) ‘‘North Atlantic Treaty Organization— SMITH of Washington, Mr. SKELTON, and Mrs. NEY. Security Investment Program’’. SCHROEDER. H.R. 1588: Mr. LAUGHLIN. H.R. 783: Mr. FOLEY and Mr. REYNOLDS. H.R. 1604: Mr. ENGLISH of Pennsylvania. H.R. 1817 H.R. 803: Mr. OLVER. H.R. 1610: Mr. PORTMAN. OFFERED BY: MR. HERGER H.R. 911: Mr. BLUTE, Mr. PETE GEREN of H.R. 1617: Mr. HANCOCK. Texas, Mr. GILCHREST, Mr. HERGER, and Mr. H.R. 1650: Mr. DIAZ-BALART. AMENDMENT NO. 3: Page 2, line 12, strike HUNTER. H.R. 1765: Mr. ROHRABACHER, Mr. HANCOCK, ‘‘$625,608,000’’ and insert ‘‘$611,608,000’’. H.R. 922: Mr. ENGLISH of Pennsylvania, and Mr. DOOLITTLE. H.R. 1817 Mrs. JOHNSON of Connecticut, and Mr. GOR- H.R. 1776: Mr. SMITH of Texas. H.R. 1781: Mr. FAZIO of California. OFFERED BY: MR. MINGE DON. H.R. 1810: Mr. ENGLISH of Pennsylvania, H.R. 927: Mrs. THURMAN and Mr. AMENDMENT NO. 4: Page 3, line 3, strike Mr. SMITH of Texas, Mr. ROYCE, and Mr. FRELINGHUYSEN. ‘‘$588,243,000’’ and insert ‘‘$571,843,000’’. PORTMAN. H.R. 957: Ms. MCCARTHY, Mr. GOSS, and Mr. H.R. 1818: Mr. SENSENBRENNER, Mr. H.R. 1817 MILLER of Florida. CUNNINGHAM, Mr. DEUTSCH, Mr. HASTERT, Mr. OFFERED BY: MR. NEUMANN H.R. 1003: Mr. FRANK of Massachusetts, Mr. GREENWOOD, Mr. STOCKMAN, Mr. LINDER, Mrs. PAYNE of Virginia, Mr. LEWIS of Georgia, and AMENDMENT NO. 5: On page 8, line 2, strike CHENOWETH, Mr. FIELDS of Texas, Mr. BAR- Mrs. LINCOLN. $1,157,716,000 and insert $1,150,730,000. TON of Texas, Mr. LAUGHLIN, and Mr. FOX. E AZIO OHNSON H.R. 1010: Mr. D F , Mr. J of H.R. 1821: Mr. DELLUMS and Mr. BATEMAN. H.R. 1817 South Dakota, and Ms. FURSE. H.J. Res. 79: Mr. MILLER of Florida. OFFERED BY: MR. OBEY H.R. 1020: Mr. MFUME, Mr. BONIOR, Mr. KIL- H.J. Res 91: Mr. PAXON. DEE, Mr. LOBIONDO, Mr. MICA, and Mr. H. Con. Res. 70: Mr. RIGGS. AMENDMENT NO. 6: On page 2, line 12, delete FATTAH. H. Res. 30: Mr. ENSIGN. ‘‘$625,608,000’’, and insert ‘‘$611,108,000’’. H.R. 1046: Mr. GENE GREEN of Texas, Mrs. f On page 3, line 3, delete ‘‘588,243,000’’ and JOHNSON of Connecticut, Mr. FROST, Mr. insert ‘‘$578,743,000’’. FALEOMAVAEGA, Mr. SCOTT, and Mr. GEJDEN- DELETIONS OF SPONSORS FROM On page 5, line 4, delete ‘‘$72,537,000’’ and SON. PUBLIC BILLS AND RESOLUTIONS insert ‘‘$59,337,000’’. H.R. 1047: Mr. HASTERT, Mr. GALLEGLY, and Under clause 4 of rule XXII, sponsors On page 5, line 12, delete ‘‘$118,267,000’’ and Mr. SMITH of Texas. insert ‘‘$107,267,000’’. were deleted from public bills and reso- H.R. 1061: Mr. HEFLEY, Mr. BENTSEN, and On page 6, line 9, delete ‘‘31,502,000’’ and in- Mr. . lutions as follows: sert ‘‘$29,702,000’’. H.R. 1073: Miss COLLINS of Michigan, Mr. H.R. 774: Mr. CALVERT. BONIOR, Mr. HINCHEY, Mr. FOX, and Mr. PAS- H.R. 1289: Mr. FATTAH. H.R. 1817 TOR. f OFFERED BY: MR. OBEY OLLINS H.R. 1074: Miss C of Michigan, Mr. AMENDMENT NO. 7: Page 19, after line 12, in- BONIOR, Mr. HINCHEY, and Mr. PASTOR. PETITIONS, ETC. sert the following new section: H.R. 1078: Mr. SMITH of New Jersey, Mr. Under clause 1 of rule XXII, SEC. 126. The amounts otherwise provided FROST, Mr. WILLIAMS, and Mrs. JOHNSON of in this Act for the following accounts are Connecticut. 24. The SPEAKER presented a petition of hereby reduced by the following amounts: H.R. 1100: Mr. FRANKS of New Jersey. Board of Commissioners of Wayne County, (1) ‘‘Military Construction, Army’’, aggre- H.R. 1118: Mr. GUTKNECHT. NC, relative to opposing further regulations gate amount, $14,500,000. H.R. 1119: Mr. ACKERMAN. of tobacco by the Food and Drug Administra- H.R. 1138: Mr. REYNOLDS. tion; which was referred to the Committee (2) ‘‘Military Construction, Navy’’, aggre- H.R. 1147: Mr. NADLER and Ms. ROYBAL-AL- on Commerce. gate amount, $9,500,000. LARD. f (3) ‘‘Military Construction, Army National H.R. 1176: Mr. RIGGS, Mr. DOOLITTLE, Mr. Guard’’, $13,200,000. HEFLEY, Mr. BARTLETT of Maryland, Mr. AMENDMENTS (4) ‘‘Military Construction, Air National GILCHREST, Mr. COBLE, Mr. BARTON of Texas, Under clause 6 of rule XXIII, pro- Guard’’, $11,000,000. Mr. MILLER of Florida, Mr. MCCOLLUM, Mrs. posed amendments were submitted as (5) ‘‘Military Construction, Air Force Re- VUCANOVICH, Mr. BAKER of Louisiana, Mr. follows: serve’’, $1,800,000. BURTON of Indiana, and Mr. BONILLA. H.R. 1817 H.R. 1242: Mr. LUCAS. H.R. 1817 H.R. 1317: Ms. LOFGREN. OFFERED BY: MR. FRANK OF MASSACHUSETTS OFFERED BY: MR. ROYCE H.R. 1381: Mr. SERRANO, Ms. JACKSON-LEE, AMENDMENT NO. 2: Page 19, after line 12, in- AMENDMENT NO. 8: Page 3, line 3, strike Mr. FROST, and Mr. JACOBS. sert the following new section: ‘‘$588,243,000’’ and insert ‘‘$571,843,000’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, JUNE 15, 1995 No. 98 Senate (Legislative day of Monday, June 5, 1995)

The Senate met at 9 a.m., on the ex- SCHEDULE A bill (S. 652) to provide for a procom- petitive, deregulatory national policy frame- piration of the recess, and was called to Mr. PRESSLER. This morning, the order by the President pro tempore work designed to accelerate rapidly private leader time has been reserved, and the sector deployment of advanced telecommuni- [Mr. THURMOND]. Senate will immediately resume con- cations and information technologies and sideration of S. 652, the telecommuni- services to all Americans by opening all tele- PRAYER cations bill. Under the consent agree- communications markets to competition, ment from last night, there are ap- and for other purposes. The Chaplain, Dr. Lloyd John proximately nine amendments that are The Senate resumed consideration of Ogilvie, offered the following prayer: still pending to the telecommuni- the bill. Gracious God, we often come to You cations bill. Members should be on no- Pending: listing out our urgent petitions. With tice that at 12:15 the Senate will begin Hollings (for Breaux) amendment No. 1299, loving kindness and faithfulness, You a series of rollcall votes on or in rela- to require that at least 80 percent of vessels tion to those pending amendments required to implement the Global Maritime guide and provide. You bless us beyond Distress and Safety System have the equip- our expectations and give us what we with the last vote in the order being on ment installed and operating in good work- need on time and in time. Today, Lord, final passage. ing condition. our prayer is for a much better mem- The Senate is open for business. We Pressler (for McCain) amendment No. 1285, ory of how You have heard and an- welcome Senators to come to the floor to means test the eligibility of the commu- swered our petitions in the past. Now to make their speeches and deal with nity users. we really need the gift of a grateful their amendments. Simon modified amendment No. 1283, to re- vise the authority relating to Federal Com- heart. f munications Commission rules on radio own- We commit this day to count our ership. LEAVE OF ABSENCE blessings. We thank You for the gift of Heflin amendment No. 1367, to provide for life, our relationship with You, for Mr. DOLE. Mr. President, I announce a local exchange carrier to acquire cable sys- that the Senator from Utah [Mr. tems. Your grace and forgiveness, for our Pressler (for Dole) amendment No. 1341, to family and friends, for the privilege of HATCH] is necessarily absent from the strike the volume discounts provisions. work, for the problems and perplexities Senate. He is attending the meeting of Warner modified amendment No. 1325, to that force us to trust You more, and the International Olympic Committee require additional rules as a precondition to for the assurance that You can use in Budapest, Hungary, along with the the authority for the Bell operating compa- even the dark threads of difficulties in delegation of officials from Utah and nies to engage in research and design activi- weaving the tapestry of our lives. the United States Olympic Committee. ties relating to manufacturing. Salt Lake City was earlier selected Lieberman amendment No. 1298, to estab- Knowing how You delight to bless a lish a determination of reasonableness of thankful person, we thank You in ad- as America’s choice to host the 2002 cable rates. vance for Your strength and care Winter Olympic Games, and a final Rockefeller amendment No. 1292, to elimi- today. Lord, thank You not just for vote on site selection will be taken by nate any possible jurisdictional question what You do but for who You are, the IOC at their meeting in Budapest. arising from universal service references in blessed God and loving Father. In that Senator HATCH is in attendance at the health care providers for rural areas pro- confidence, we ask for Your provi- these important meetings in support of vision. Salt Lake City to be the host city and Stevens-Inouye amendment No. 1303, to en- dential care for Cardinal Joseph sure that resale of local services and func- Bernardin in his time of physical need of the United States to be the host tions is offered at an appropriate price for and suffering. Now guide us in the country for this premier international providing such services. work of this Senate throughout this event. AMENDMENT NO. 1285 day. In Your holy name. Amen. f The PRESIDING OFFICER (Mr. GREGG). The Senator from Arizona. f TELECOMMUNICATIONS COMPETI- Mr. MCCAIN. Mr. President, I wish to TION AND DEREGULATION ACT RECOGNITION OF THE ACTING take a few minutes to discuss the MAJORITY LEADER The PRESIDENT pro tempore. The amendment No. 1285 that I have offered clerk will report the pending business. on behalf of Senators SNOWE, ROCKE- The PRESIDENT pro tempore. The The assistant legislative clerk read FELLER, EXON, KERREY, CRAIG, and my- acting majority leader is recognized. as follows: self.

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

S 8417 S 8418 CONGRESSIONAL RECORD — SENATE June 15, 1995 Mr. President, it is my understanding And again I question seriously that we hospitals need help. But there are rural that one-half hour has been reserved in the Senate can tailor programs that hospitals operated by large parent for debate on this amendment. Is that fit as diverse a nation as we have companies that make hundreds of mil- correct? today. lions of dollars. There is no reason to The PRESIDING OFFICER. That is I listened to my colleagues from subsidize these corporations. correct. West Virginia, , and Maine Although the managers’ amendment Mr. MCCAIN. Mr. President, I intend very closely. While they commented adopted allows the FCC to evaluate the to just use a few minutes and then re- extensively on the need to ensure that subsidy scheme according to means, serve the remainder of that time for we do not have technology haves and there is still a necessity to means test any of the Senators who wish to speak have-nots, surely they would agree we the provision. First, the FCC is going on the amendment any time between should not subsidize those who can well to pass regulations that treat all fairly now and 12:15, if that is agreeable to afford telecommunications services. and do not discriminate or which have the manager. My friend from Nebraska, Senator a disparate impact. Such regulations Mr. President, I ask for the yeas and KERREY, specifically expressed his co- benefit rich and poor equally. The nays on this amendment. gent argument on the need to help the amendment solves that problem. The PRESIDING OFFICER. Is there a poorest and most in need in our coun- Harvard University operates a li- sufficient second? try. I believe this amendment address- brary. The university also currently There is a sufficient second. es the issues raised by my friend, and I has a $6 billion endowment. Should the The yeas and nays were ordered. am pleased to offer this amendment American people, many who do not Mr. MCCAIN. I thank the Chair. with the support of the Senator from have the resources of Harvard Univer- Mr. President, the amendment would Nebraska. sity, be forced to subsidize the school effectively means test the community Mr. President, I agree we must do library’s telecommunications services? users provision in this bill. The amend- what we can to prevent that from oc- I do not think so. ment states that no for-profit business, curring. I believe that the free market Do we want the well-to-do Humana school with an endowment of $50 mil- will accomplish that goal. I also be- Hospital Corp. which operates some lion or more, or library that is not eli- lieve that vouchers will end up some- rural hospitals to have a Government- gible for participation in the State- day being the method by which we best sanctioned telephone discount? No, but based plan qualifying for library serv- address these problems of people who we do want the small rural clinic to re- ices and Construction Act title III cannot afford basic telecommuni- ceive help. This amendment accom- funds will receive preferential rates of cations services. But at this time it is plishes that goal. treatment. clear that neither the Senate nor the If the Congress is going to endorse a Mr. President, as the part of the bill country is prepared for that. Federal role in ensuring technology to that came to the floor which was added I was interested in the opposition to be available to all, then let us tailor it as an amendment in committee, as it the vouchers amendment that I put so we are helping those who need our states now, any school, library, or hos- forward. If there was ever ample testi- help. It is a balanced, fair amendment. pital would be eligible for preferential mony to the clout of the special inter- I have confidence in its adoption. I am rates or treatment. ests that are involved in this issue, it greatly appreciative that Senators I understand the intent of that was the size of the defeat of that SNOWE, ROCKEFELLER, and KERREY in amendment. It has been made very amendment—not because I believe it particular are in support of this clear and was again made clear when I was a perfect amendment but there is amendment. proposed an amendment to remove no doubt in my mind that every player Mr. President, I reserve the remain- that provision of the bill entirely. in this very complex issue, whether it der of my time. I believe that Senators However, I am very pleased that Sen- be AT&T, the Bell telephone compa- SNOWE, ROCKEFELLER, and KERREY have ators SNOWE, ROCKEFELLER, EXON, nies, the manufacturers, every other expressed interest in speaking on this KERREY, and others are in support of entity involved was opposed to this amendment. I ask the manager if he this amendment especially since Sen- voucher idea, which has been supported will allow them my time to do so when ators SNOWE and ROCKEFELLER are the by the Heritage Foundation, the Cato they come to the floor to speak. prime sponsors of that amendment Institute, every objective observer of Mr. President, I yield the floor. that was put into the bill in commit- this situation that does not have any Ms. SNOWE. Mr. President, I rise in tee. monetary involvement. support as a cosponsor of Senator This amendment would ensure that However, we received 18 votes, and if MCCAIN’S amendment to clarify how those who most need it, a rural health there was ever any testimony needed universal service discounts to schools, clinic or small school in any part of to the influence of the special interests libraries, and rural hospitals under sec- America including West Virginia, re- in shaping this legislation, I believe tion 310 of the telecommunications bill ceive the most help. If this amendment when historians look at 18 votes, which should be targeted. is adopted, every public and nonprofit was the purest and simplest way to As I noted last week in my remarks, grade and secondary school in this provide the poor and the needy in this I support targeting of discounts. For country will receive preferential rates, country with the ability to acquire example, elementary and secondary every public library will receive pref- telephone and telecommunications schools with large endowments simply erential rates, and every nonprofit services, that was ample and compel- do not have the same need as public community health clinic will receive ling evidence and why I believe, Mr. schools for discounts in order to assure preferential rates. But this amendment President, that this bill, despite the affordable access to telecommuni- will prevent some of the wealthiest in great efforts of our distinguished chair- cations services. In my view, the lan- this country from unduly benefiting at man, who has done a magnificent job in guage in the bill gave the FCC, the the same time. shepherding this legislation this last States, and the Joint Board some flexi- As I mentioned earlier, I offered an nearly 2 weeks through the Senate, bility to target discounts. Specifically, amendment that would have elimi- still has a lot of hurdles to overcome the language guaranteed schools and li- nated the Snowe-Rockefeller provi- because of the inordinate influence of braries an affordable rate, which im- sions. I believe it is unnecessary for us the special interests on this bill as op- plicitly takes into account both the to federalize this role of the States. I posed, very frankly, to the interests of price of the service and the ability of am disappointed that the Senate dis- the American public, which is not rep- an entity to pay. agrees. I pointed out that in nearly all resented very well in this debate nor in I appreciate the time and effort Sen- of the 50 States in America, the States the issues before the Senate. ator MCCAIN has invested in working have acted to provide some kind of help Back to the amendment, Mr. Presi- with the sponsors of section 310 to for schools, libraries, and health care dent, the provisions in this bill would build upon the affordability concept, to providers in various ways, each of enable some of the wealthiest in our develop a solid, responsible test of these States tailoring specific pro- country to benefit. Rural hospitals will when schools, libraries, and rural hos- grams to specific needs in those States. receive benefits. Certainly some rural pitals should receive discounts in order June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8419 to promote the goal of affordable ac- Those of us who are in the freshman I cannot speak for the people of cess to telecommunications services. class have recently had a number of America, but I can speak for the people Under the McCain amendment, public town hall meetings back in our respec- of Oklahoma. I am talking about elementary and secondary schools tive States. As a matter of fact, I think Democrats and Republicans alike. Peo- would be eligible for discounts, as I lead the group. I have had 77 since ple in Oklahoma think that even 7 would private, nonprofit schools with- January. years is too long. When you stop and out large endowments. Libraries would Last week, I had some, and I want to realize what goes with high deficits, be eligible for discounts if they partici- just reaffirm that, in spite of the fact that means more Government involve- pated in State-based plans under title there are many people who are here in ment in our lives. III of the Library Services and Con- the U.S. Senate who do not spend as Today, I will be going over and testi- struction Act, which coordinate library much time back in the districts, back fying in the other body on a Superfund development within the State. Non- talking to real people, that the revolu- bill. That is just one area of overregu- profit rural health care providers tion that was voted on back on Novem- lation in our lives, of abuse, of bu- would also be eligible for discounts. ber 8, 1994, is very real and it is alive at reaucracy on the businesses and the in- This amendment meets the twin home. Some people are skeptical and dustries that are paying taxes to sup- goals which I am sure are supported by do not think things are going on the port this monster in Washington, and most Members of this Senate. First, it way they should be going on here. it is going to change. guarantees affordable access to So I just share with you that I some- So I would like to give the assurance telemedicine and educational tele- times have a difficult time in convey- that there has been a change in the communications services for those key ing to people that the Senate is actu- majority party that is controlling both institutions in our society which need ally doing some things here. They hear the Senate and the House, and the Re- assistance in order to take full advan- about the House, they hear about the publicans are now in charge. tage of the information age. Second, by Contract With America, and some of As we talk to our fellow Republicans targeting the discounts, this amend- the personalities over there that have and remind them that the mandate ment ensures that the universal service dominated the national media. I have that gave the Republicans a majority fund is used wisely and efficiently. to remind people that in the first 3 in the House and a majority in the Sen- Mr. President, the provision of the months of this year in the U.S. Senate, ate cannot be ignored, because if we ig- bill sponsored by myself, Senators we passed a number of reforms: One nore it we cannot fulfill the provisions ROCKEFELLER, EXON, AND KERREY, is in being the unfunded mandates reform; of that mandate—that is, less Govern- my view one of the most important one being congressional accountabil- ment in our lives, a balanced budget we provisions of the bill. We know that ity, forcing us to live under the same can see in the near future, and the Gov- competition will bring an array of im- laws that we pass for other people; we ernment more in concert with what proved services and exciting new serv- also did a line-item veto; a type of was foreseen by our Forefathers many ices at a lower cost. Technology allows moratorium on endangered species; we years ago—if we do not carry out that the transmission of information across are getting ready to do regulation re- mandate, the Republicans will not be traditional boundaries of time and form, to get the Government off the in power. space, dramatically changing the way backs of the people who are paying for Right now, I honestly believe we are that American school children learn, all the fun we are having up here. on schedule to carry out the mandates. and the way that health care is pro- I think the whole United States, and I The Senate may be slower and more vided. The Snowe-Rockefeller-Exon- know my State of Oklahoma, is rejoic- deliberate, but we are performing, and Kerrey provision in the bill ensures ing in this. a revolution is going on here. that competition ultimately achieves It is not that the people who want this goal for all Americans, regardless But I say, Mr. President, that the more Government involved in our lives of where they live. I realize that the people at home are just as adamant are bad people—they are not bad peo- distinguished Senator from Arizona be- today as they were on November 8, ple; they are well-meaning people—but lieves that a deregulated market will 1994. The people at home are demand- they have just forgotten what this take care of everyone, but I simply do ing that we do something about and country is all about. not share that belief. Furthermore, the carry out the mandate to eliminate the So we have a new era, and we are pro- stakes are too great to leave affordable deficit. I think that they are a little viding the leadership in that era. I was access to the marketplace. Again, I ap- impatient with the fact that we passed very pleased to see the President of the a resolution that would do this in 7 preciate Senator MCCAIN’S willingness United States joining us 2 days ago to work with myself and Senators years, by the year 2002. I find it rather when he came with his revised budget. interesting the response that we are ROCKEFELLER, EXON, and KERREY to I yield the floor. Mr. President, I sug- clarify how discounts should be tar- having right now as to the President gest the absence of a quorum. geted, and I urge my colleagues to sup- coming out with his revised budget a The PRESIDING OFFICER (Mr. port the McCain amendment. couple of days ago. COATS). THE CLERK WILL CALL THE ROLL. Mr. PRESSLER. Mr. President, I We have talked to people and told The assistant legislative clerk pro- note that we have limited time. I urge them the President had his budget be- ceeded to call the roll. Senators to come early to make their fore this body some 3 weeks ago, and it Mr. PRESSLER. Mr. President, I ask statements, as we are on a time agree- was the typical large tax-and-spend, unanimous consent that the order for ment at this point. Any Senator wish- high-deficit budget that was rejected the quorum call be rescinded. ing to speak should come forth. by this body, the U.S. Senate, by a vote The PRESIDING OFFICER. Without Mr. INHOFE addressed the Chair. of 99–0, and then Republicans passed objection, it is so ordered. The PRESIDING OFFICER. The Sen- our budget resolution which would f ator from Oklahoma. eliminate the deficit by the year 2002. Mr. INHOFE. Mr. President, I ask I think we were all taken aback and TELECOMMUNICATIONS COMPETI- unanimous consent to be recognized as a little surprised when the President TION AND DEREGULATION ACT in morning business. came out with his announcement a The Senate continued with the con- The PRESIDING OFFICER. Without couple days ago. In essence, what he sideration of the bill. objection, it is so ordered. said was, Well, we tried my budget, and Mr. PRESSLER. Mr. President, I f that did not work. I’ll just join the Re- urge Senators to come to the floor to publicans. Some people thought maybe use the time. Mr. President, is time CARRYING OUT THE MANDATE the train went by, but I do not think running on amendments if Senators are Mr. INHOFE. Mr. President, I just so. I think there is room on the ca- not present? want to make a few comments while boose for the President, and he came The PRESIDING OFFICER. Time is we are waiting for those referred to by out and said, ‘‘Instead of that, let’s not not running. the Senator from South Dakota to be quite as severe, let’s do it over 10 Mr. PRESSLER. Time only runs come and be heard. years, not 7 years.’’ when they actually speak? S 8420 CONGRESSIONAL RECORD — SENATE June 15, 1995 The PRESIDING OFFICER. The 30 States carriers rights that are guaran- How did the United States and Japan minutes allocated to Senators for dis- teed to our carriers by the United get to the brink of an aviation trade cussion of amendments is running only States-Japan bilateral aviation agree- war? Let me first dispel three myths. when those Senators are on the floor ment? As chairman of the Commerce, First, the aviation dispute has noth- speaking as to that amendment. Science, and Transportation Commit- ing to do with a bilateral aviation Mr. PRESSLER. In view of the fact tee, I believe the clear and unequivocal agreement that is fundamentally un- that the majority leader has stated a answer is ‘‘no.’’ fair to Japan. Nor does it really have desire to vote by about noon, I hope The dispute relates to our bilateral anything to do with so-called imbal- that Senators will come to the floor. aviation agreement which has been in ances in treaty rights that must be Mr. President, I ask unanimous con- effect for more than 40 years. Over the remedied. Yet, United States carriers sent to speak as in morning business years, that agreement has been modi- do have an approximately 65 percent for 5 minutes on a separate subject. fied and otherwise amended to reflect share of the transpacific between the The PRESIDING OFFICER. Without changes in the aviation relationship United States and Japan. However, this objection, it is so ordered. between our two countries. Pursuant to is due to market forces. It has nothing Mr. PRESSLER. Let me emphasize, to do with fundamental imbalances in that upon the arrival of any Senator the United States-Japan bilateral agreement, three carriers have the the bilateral agreement. with business on the telecommuni- Since this goes to the heart of the right to fly to Japan, take on addi- cations bill, I will immediately yield issue, let me reiterate this point. The tional passengers and cargo in Japan, the floor. reason United States carriers have a and then fly from Japan to cities larger share of the transpacific market f throughout Asia. the U.S. carriers who than Japan carriers is due to market are guaranteed fifth freedom rights, or UNITED STATES-JAPAN AVIATION forces. Just 10 years ago, under the so-called beyond rights, are United Air- DISPUTE very same bilateral agreement that the lines, Federal Express, and Northwest Mr. PRESSLER. Mr. President, I rise Government of Japan now criticizes, Airlines. today to discuss a matter of great im- Japanese carriers had a larger market portance to the Group of Seven summit Recently, Federal Express and United share on transpacific routes than Unit- meeting to be held this week in Can- Airlines tried to exercise their beyond ed States competitors. ada. I refer to the current aviation dis- rights and notified the Government of Japanese carriers lost transpacific pute between the United States and Japan that they would start new serv- market share and they lost it fast. The Japan. The United States must stand ice from Japan to numerous Asian reason why is simple economics. The firm in this dispute. It is vital to our cities. The Government of Japan re- root of this dispute also is simple eco- long-term U.S. international aviation fused to authorize these new routes. nomics. Japanese carriers have operat- policy. It is critical to the future of our The bilateral agreement requires that ing costs nearly double United States passenger and cargo carriers. The mil- such requests be expeditiously ap- air carriers and they cannot compete lions of consumers who use air pas- proved. In violation of the bilateral with our carriers. For example, a pas- senger and cargo services in the Pacific agreement, the Government of Japan senger flying from New York to Tokyo rim deserve the best possible service at has said it will not consider these route on a Japanese carrier pays approxi- competitive prices set by the market. requests until the United States holds mately 23 to 33 percent more for that In recent months, many Senators talks aimed at renegotiating the bilat- service. Japanese carriers have priced have expressed views on the bilateral eral agreement. themselves out of market share. Pas- aviation negotiations between the Mr. President, the consequences of sengers have, so to speak, voted with United States and the United Kingdom. the Government of Japan’s unilateral their feet and selected U.S. carriers That interest was well-placed. In 1994, denial of beyond rights have been sig- that have significantly lower air fares. revenue for United States carriers be- nificant. For example, Federal Express, Second, the aviation dispute has tween the United States and the Unit- relying on its rights under the bilateral nothing to do with unequal beyond ed Kingdom was approximately $2.5 bil- agreement, invested millions of dollars rights for Japanese carriers to serve lion. To put the significance of the in a new, Pacific rim cargo hub at beyond markets from the United United States-Japan aviation dispute Subic Bay in the Philippines. The States. Yes, Japan only has the right in perspective, in 1994 the total revenue Subic Bay hub is scheduled to be fully to serve on destination beyond the value of passenger and freight traffic operational in several weeks. The Gov- United States while United States car- for United States carriers between the ernment of Japan’s refusal to respect riers currently have the right to serve United States and Japan was approxi- the terms of the bilateral agreement 10 points beyond Japan. This, however, mately $6 billion. threatens Federal Express’ multi- is a statistic without any real signifi- First, let me put to rest a misconcep- million-dollar investment. Similarly, cance. Higher operating costs would tion. The United States-Japan aviation United Airlines has already essentially prevent Japanese carriers from com- dispute is a bona fide, stand alone lost the chance to provide service be- peting for traffic beyond the United trade issue. It unquestionably is a sep- tween Osaka and Seoul during the busy States even if Japanese carriers had a arate trade issue. Commentators who summer season. greater right to do so. suggest our current aviation disagree- The beyond markets the Government ment is inextricably linked to our There is no doubt that the economic of Japan truly wants are the Asian automobile dispute with Japan are impact of Japan’s refusal to recognize markets. These markets, particularly wrong. Others who cynically suggest it Federal Express and United Airlines’ service from Japan to China, are cash is more than coincidence that the avia- beyond rights has already been great cows for Japanese carriers. There is tion dispute has come to a head at the for each of these carriers. The burden nothing the Japanese want less on same time as the automobile dispute has also been shouldered by consumers these routes than a good dose of Amer- obviously do not know the recent his- who have been denied the benefits of a ican competition. tory of the United States-Japan avia- more competitive marketplace. As U.S. air carriers are not the only vic- tion relations. each day passes, the costs become more tim of this protectionist effort to re- Plain and simple, this dispute arose significant. Yesterday, Federal Express strict competition in the Asian beyond as a result of actions by the Govern- was forced to postpone for 30 days its markets. Consumers, including Japa- ment of Japan to protect its less effi- proposed July 3, 1995, opening of its nese citizens, are big losers. For exam- cient air carriers from competing Subic Bay cargo hubs. ple, service on Japanese carriers be- against more cost-efficient United I point out to the Senate, that is a tween Hong Kong and Tokyo, a beyond States carriers for service beyond great loss not only for Federal Express route, is approximately 24 percent Japan to points throughout Asia. The but to the United States. It is our higher than on a United States carrier. issue is straightforward: Should the rights of moving our airplanes around Air fares on a Japanese carrier between United States allow the Government of the world, as we allow other countries Tokyo and Seoul are approximately 20 Japan to unilaterally deny United to move them into our country. percent higher. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8421 Third, the United States has not tance of the aviation rights issue to Japan currently is holding up approval of caused this dispute by refusing to re- the Group of Seven Summit meeting to new routes involving ‘‘beyond rights’’ for negotiate the bilateral agreement. Let take place this week. I believe the Federal Express and United Airlines, even me refute this myth loud and clear: Group of Seven leaders are in a posi- though those carriers explicitly enjoy such rights in the U.S.-Japanese agreement. Foreign nations who enter into agree- tion to promote a new system for avia- ‘‘Beyond rights’’ means that the Japanese ments with the United States must tion rights to replace the confusing government allows a U.S. carrier to arrive in abide by the terms of those agree- web of bilateral agreements we now Japan from the United States, unload and ments. There are no two ways about have. take on cargo or passengers and then fly to that. That is something we have to do, and a third country. Japan’s denial of routes is The Government of Japan is trying in the Commerce Committee one of my an explicit violation of the U.S.-Japan bilat- to force us to the negotiating table by goals is to find a way that we can re- eral air agreement. Meanwhile, a more fun- unilaterally denying clear rights pro- damental inequity is that only three U.S. place this bilateral aviation system carriers enjoy ‘‘beyond rights’’ with Japan, vided to United States carriers by the with a new system for aviation rights. while Japan has denied five other American bilateral agreement. Let me add, the We have a confusing web of bilateral carriers such transit rights. Japanese want these negotiations to agreements. I hope up there in Halifax, Japan apparently believes that by violat- increase restrictions on United States the Group of 7, especially I hope Presi- ing its air agreement with the United States, carriers to further protect Japanese dent Clinton talks to the Japanese it can induce the United States to renego- carriers. This would be detrimental to about this situation. tiate the agreement on terms more favorable United States carriers and consumers. Top-level leadership can bring about to Japan. That is unacceptable. I have urged President Clinton to take whatever measures That is the wrong direction negotia- such a reform. I recommend to my col- he deems necessary and reasonable to get tions should go. Aviation talks with leagues an article I wrote for the June Japan back into compliance with the agree- the Government of Japan should focus 7 edition of the Seattle Post-Intel- ment. on opening the Japanese market, not ligencer, ‘‘Rules for World Air Trans- Meanwhile, I urge the U.S. and Japanese further restricting it. port Need Overhaul.’’ governments to use their economic leverage Also, it is the wrong way to get to Mr. President, I ask unanimous con- and political skills to advance the longer- the table for meaningful negotiations. sent the article be printed in the range project of global reform of inter- The best way for the Government of national air-transport agreements. RECORD. The existing system of bilateral agree- Japan to open the door for negotiations The PRESIDING OFFICER. Without ments is a bad arrangement. An outmoded of the United States-Japan bilateral objection, it is so ordered. patchwork of rules has international air agreement is to immediately honor and (See exhibit 2). transport stalled in a holding pattern. In- abide by the terms of the existing EXHIBIT 1 stead of a uniform global agreement such as the General Agreement on Tariffs and Trade, agreement. The approach the Govern- U.S. SENATE, COMMITTEE ON COM- there are about 3,500 different nation-to-na- ment of Japan has taken by unilater- MERCE, SCIENCE, AND TRANSPOR- tion air-transport agreements. That makes ally denying rights guaranteed by the TATION, Washington, DC, May 17, 1995. for babel of confusion and inefficiency. agreement is misguided, it violates Many countries have insisted upon agree- Hon. WILLIAM J. CLINTON, international law, and it must not be ments heavily protectionist in favor of their The President, The White House, Washington, tolerated. own national airlines. Others sharply limit DC. Mr. President, we are at the brink of the number of U.S. carriers allowed into DEAR MR. PRESIDENT: As Chairman of the their markets, fomenting rivalries between an aviation trade war with Japan for Senate Committee on Commerce, Science, carriers having access vs. those that do not. one reason. Operating costs of Japa- and Transportation, I am writing to urge you Still other nations impose discriminatory nese carriers are nearly double those of to take whatever steps you deem necessary cargo processing and freight-fowarding United States carriers. Japanese car- and reasonable to assure the Government of delays on the ground. All such arrangements Japan abides by the terms of the United riers cannot compete against our more put a drag on economic growth in America States/Japan bilateral aviation agreement. cost efficient carriers. In a June 1994 and around the world. Since the early 1990s, the Government of report, Japan’s Council for Civil Avia- In Asia, the need for reform is especially Japan has routinely ignored the clear lan- tion, an advisory body to Japan’s important. The world has high hopes for con- guage of the U.S./Japan bilateral aviation tinuation of the ‘‘Asian miracle’’ in eco- Transport Minister, warned that Japa- agreement and in doing so has denied several nomic growth. This phenomenon could be nese carriers need to become more U.S. air carriers permission to serve points badly dimmed, however, without aviation re- competitive or they may not survive in in Asia from Japan. Recently, the Govern- form. American air carriers’ restricted ac- international markets. ment of Japan failed to approve Federal Ex- cess in Asia impairs our ability to enhance press’ request for a route between Osaka and Japan’s Council for Civil Aviation is and share in Pacific Rim growth. absolutely correct. The solution is for Subic Bay, the location of Federal Express’ At Kimpo Airport in Seoul, for instance, Japanese carriers to become more com- new cargo hub in the Philippines. Similarly, U.S. and other non-Korean airlines are petitive. Instead, as reflected by this the Government of Japan rejected United banned from operating domestic trucking Airlines’ request to commence service be- companies. That increases costs and adds dispute, the Government of Japan has tween Osaka and Seoul. These carriers are chosen to prescribe yet another dose of delay to freight delivery. At Tokyo’s Narita guaranteed ‘‘beyond rights’’ by the bilateral Airport and Hong Kong’s Kai Tak Airport, protectionism. agreement, each made economic decisions Mr. President, on May 17, 1995, I numerous other so-called ‘‘doing business’’ based on these rights, and the Government of problems hamper foreign carriers. urged President Clinton to take what- Japan should honor its agreement. Asia is not the only so-called source of ever steps deemed necessary and rea- Mr. President, the United States must re- friction for U.S. air carriers. The United sonable to assure that the Government quire foreign nations to abide by the terms Kingdom and France, for example, also have of Japan abides by the terms of the of international aviation agreements with highly protectionist air access policies. In- United States-Japan bilateral aviation our country. International aviation opportu- deed, while world economic growth naturally nities are critical to U.S. passenger and depends on efficient transportation, trans- agreement. I ask that a copy of that cargo carriers, as well as the thousands of in- letter be printed at the end of my portation remains the most politically re- dividuals they employ, their customers and strictive area of commerce. statement in the RECORD. the communities they serve. The rules for world air-transport access The PRESIDING OFFICER. Without Sincerely, need a complete overhaul. To accomplish objection, it is so ordered. LARRY PRESSLER, that, we need a sense of mission, a model and (See exhibit 1.) Chairman. top-level leadership. Mr. PRESSLER. Today, I again EXHIBIT 2 The mission should transcend protecting urged the administration to stand firm [From the Seattle Post-Intelligencer, June 7, the status quo. We need to keep our eyes on in our aviation dispute with Japan and 1995] prizes for the next generation: commercial air routes and markets less developed now to take whatever steps it deems nec- RULES FOR WORLD AIR TRANSPORT NEED but clearly with great potential in years to OVERHAUL essary and reasonable to protect rights come. China, India and Southeast Asia are given to our carriers by the United (By Larry Pressler) examples; Russia and East Europe are oth- States-Japan bilateral agreement. Since the early 1990s, the Japanese govern- ers. Our policies need to keep opportunities Mr. President, at the beginning of ment routinely has violated its bilateral open not just for existing companies, but these remarks, I mentioned the impor- aviation agreement with the United States. also for the enterprises of tomorrow. S 8422 CONGRESSIONAL RECORD — SENATE June 15, 1995 In form, a model for air-transport liberal- What is the rationale for this? The suing years, until 1992 when we put reg- ization is the GATT: a multilateral, uniform, rationale seems to be in this overall re- ulation back on, the hope was raised global agreement. In substance, the global form of telecommunications, surpris- that direct broadcast satellites were air agreement should provide ‘‘open skies.’’ ingly, this termination of these going to provide enormous competition An example of this open arrangement is the U.S.-Netherlands agreement. It allows Dutch consumer protection regulations that for cable television. air service full access into any U.S. city, have just existed for a couple of years Today, 11 years after 1984 when that with reciprocal rights for U.S. carriers. and worked so well. argument was made, less than 1 per- Transforming a complicated web in inter- Apparently, the argument by the cent of cable consumers, multichannel national protectionism can’t be done with- cable industry has been they need to service consumers, get their television out leadership at the highest level. While I have rates deregulated. They need to from direct broadcast satellites. will use the chairmanship of the Senate take the cap off. They need to be free Telephone companies are authorized Commerce, Science and Transportation Com- of any rule of reason, without competi- mittee as a ‘‘bully pulpit’’ for reform, it is by the legislation before us to come imperative that the cause have leadership tion, without regulation, because they into the cable business. I hope they do from world heads of state. need to go to the capital markets to and I hope they do rapidly. When they I urge President Clinton to put world avia- raise capital so they can be ready to are providing competition, the regula- tion reform on the agenda for the next Group compete with the telephone companies tion will go off. But I am not so sure of Seven Summit of the major industrialized direct broadcast satellites that are any of us can say that is going to hap- nations. With attention at this level, we can coming in. get done what needs to be done. pen next year or 3 years from now or 5 Mr. President, the facts I showed last years from now or, in some cases, 10 f night show that not only have the years from now. TELECOMMUNICATIONS COMPETI- cable companies continued to make What this bill, without the amend- TION AND DEREGULATION ACT money, with an operating margin in- ment I am proposing, will do in that in- dustrywide of 20 percent—the highest The Senate continued with the con- terim, it will simply take off the pro- of any element of the telecommuni- sideration of the bill. tection for consumers. cations industry—but their capital ex- Mr. PRESSLER. I hope Senators will Incidentally, it substitutes, in place penditures have continued to go up. In come to the floor and use their time on of that protection, a very ornate, com- 1993, almost $3 billion; in 1994, $3.7 bil- the telecommunications bill. plicated standard that there is no regu- I suggest the absence of a quorum. lion. Plenty of opportunity under regu- lation unless the cable system charges The PRESIDING OFFICER. The lation to raise money. substantially higher than the per chan- Perhaps as significant, take a look at clerk will call the roll. nel average nationally on June 1, 1995. what the market says. This is a bill The assistant legislative clerk pro- That is very complicated and actually that is procompetitive. It is market- ceeded to call the roll. shows you do not need regulation to oriented. Let me show the chart that Mr. LIEBERMAN. Mr. President, I have regulation. You can have all the talks about the cable index stocks. ask unanimous consent that the order problems of regulation through legisla- We believe in markets. That is what for the quorum call be rescinded. tion. The PRESIDING OFFICER. Without this bill is all about. The blue line is an My alternative here is simple and objection, it is so ordered. index of cable industry stocks. Look what happened in 1993 after regulation market oriented. It says a cable com- AMENDMENT NO. 1298 pany will be subject to regulation if it Mr. LIEBERMAN. Mr. President, I goes on: It shoots up, comes down, charges substantially more than the thank the Chair. stays high, much higher than the S&P national average in markets that are Last night I called up amendment Standard 500 stock index. This is a competitive. So my standard is not No. 1298. I would like to proceed for the measure of the market. Investors say what the average is on June 1, 1995, or, half-hour allocated under the unani- the regulation that we put on was rea- as the bill suggests, what it will be 2 mous consent agreement. sonable. It did not make them feel that The PRESIDING OFFICER. The Sen- these stocks were a bad investment. In years from now after cable rates are ator from Connecticut is recognized for fact, they continue to raise over the raised. Then we are going to have sub- up to 15 minutes, under the previous average stocks in the market. stantially higher charges than the av- order. I ask here, with this amendment, erage 2 years later. My basis is what Mr. LIEBERMAN. Mr. President, this why are we doing this? On the face of the market says where there is com- amendment aims to maintain protec- it, respectfully, I would say it looks petition. As competition spreads tion for the millions of cable consum- like the cable industry has used this throughout America, that standard ers around America who, for the last 2 overall reform of telecommunications will change and the consumers will years, faced with cable systems that to basically jump on or jump in to hide benefit. they enjoy, that they need, that they in a kind of Trojan horse of tele- I want to respond to just a few com- want to purchase, but faced with only communications reform, and put inside ments that were made against the one choice of a cable system in all but that horse an opportunity to raise amendment last night as I wait for 50 of the more than 10,000 cable mar- rates. some of my colleagues who want to kets in America, are about to lose their I will say the system created in this speak on this to come to the floor. consumer protection if the bill, as bill is complicated. The bottom line is There was some reference to the spe- drafted and before the Senate, S. 652, simple: Rates to most cable consumers cial status of smaller cable companies. passes. in America are going to rise; by one es- I want to stress that no small cable I just think that would be a shame. timate, $5 a month for a service that a company will be affected under my In a way, an outrage, because of the lot of people consider to be a necessary, amendment. We are exempting any way in which the cable consumer pro- basic source of information, recreation, cable company that has less than 35,000 tections that were enacted in 1992, and entertainment, even shopping, now, in customers or any multiservice opera- were in effect for less than 2 years, their lives. tor—that is, any company that owns have benefited consumers, and not hurt If the amendment I propose passes, I more than one cable system—that has the cable industry. am convinced that rates will remain less than 400,000 customers. I am not Think about it, Mr. President. We are stable, the cable industry will continue interested in regulating these small, talking here about monopolies that to be competitive, and the rates will mom and pop cable operators. They are exist in more than 10,000 markets in remain regulated only until there is already economically responsible and I America. Only 50 have effective com- competition. Part of what is happening believe accountable to their commu- petition according to the FCC, and yet here is the hope being raised of imme- nities, and therefore they are exempt we will remove a consumer protection diate competition in the cable busi- from regulation. regulation that exists in the current ness. Last night my friend and colleague system that has dropped rates cumula- In 1984 when Congress last deregu- from South Dakota suggested that tively 11 percent, that has seen contin- lated cable, and the consumers paid cable revenues have remained flat for ued good health in the cable industry. deeply out of their pockets for the en- the first time in 1994. In fact, the cable June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8423 act resulted in over $800 million in de- cable. And 8 percent, in my opinion, is cally own every radio station in the creases in equipment charges and over not effective competition in any mar- United States. Obviously, I do not $400 million in decreases for consumers ket, certainly not under the bill, not think that would happen. But I think in service charges. The fact that reve- under the law as it stands now. diversity in this field is extremely im- nues—even taking this view that they As for the telephone companies, they portant. remained flat indicates that the cable are only doing experiments in some My amendment raises that cap of 20 industry is thriving and is a highly markets. It will take time before they and 20 to 50 and 50 so that there could profitable industry, even under regula- are active competitors. If any competi- be 100 stations owned by any one en- tion. Again, there is a 20-percent oper- tor surprises us and gets to the market tity. That is a 150-percent increase over ating margin, the highest in the tele- more rapidly, hallelujah, that is great where we are right now. communications business in 1993, and news. All the regulation I am advocat- I think that is reasonable. I just the stock market indicates continued ing will go away once competition hits think it is not in the public interest to consumer confidence in the business. the market. That is what this amend- have a concentration. Economic con- All of that under regulation. ment is about. Let us let competition centration generally is not good, but The distinguished chairman of the work for the consumer and for the in- particularly in the media I think there committee mentioned that public debt dustry. are dangers to the future of our coun- offerings dropped under regulation. Re- Mr. President, I understood Senator try. spectfully, I claim the opposite. Debt LEAHY was going to come to the floor Bill Ryan of the Washington Post financing for the cable industry to speak to the amendment. Not seeing and Newsweek wrote in Broadcast and climbed from $6.9 billion in 1993 to $10.8 him on the floor, I reserve whatever Cable of May 27, and said, billion in 1994, an almost $4 billion in- time I have remaining and yield the The whole world is trying to emulate the crease, continuing a pattern of steady floor. local system of broadcasting that we have in growth in debt financing since 1991, un- The PRESIDING OFFICER. Who this country, and here we are creating a interrupted by the very reasonable reg- seeks recognition? structure that will abolish it or put it in the ulation that we put on in 1992 on a bi- Mr. LIEBERMAN. Mr. President, see- hands of a very, very few. I think it is un- sound. partisan basis. ing no one seeking recognition, I sug- As for investments and access to cap- gest the absence of a quorum. Let me add that my friends in Infin- ital, the major cable companies are The PRESIDING OFFICER. The ity and CBS both have no objection to consolidating and buying up other mo- clerk will call the roll. this amendment—the people who own nopolies right and left and they are The assistant legislative clerk pro- the largest numbers right now. The Na- spending a lot of money doing so. For ceeded to call the roll. tional Association of Broadcasters do. Mr. SIMON. Mr. President, I ask example, in February 1995, Time War- Let me just say candidly that I worked unanimous consent that the order for ner offered $2.7 billion for Cablevision with Senator STROM THURMOND and a the quorum call be rescinded. Industries systems. In January 1995, few others here in trying to negotiate The PRESIDING OFFICER. Without with them some kind of limitation or Time Warner offered $2.24 billion for objection, it is so ordered. Houston Industries cable systems. In sensible packaging on liquor advertis- AMENDMENT NO. 1283, AS MODIFIED ing on radio. They resisted any change. January 1995, Intermedia Partners, Mr. SIMON. Mr. President, I call up TCI, and others offered $2.3 billion for Here again, they want to have it all. I my amendment No. 1283. have been in this business of politics Viacom’s cable system. And the list The PRESIDING OFFICER. The goes on. long enough so that when you have amendment of the Senator from Illi- leadership at the National Association I am not saying this is wrong. I am nois, No. 1283, has already been called happy about it. What I am pointing out of Broadcasters that is so narrow mind- up. ed that it wants to have it all, the pen- here is that the cable industry, under Mr. SIMON. Mr. President, I have not dulum is going to swing from one ex- the very reasonable consumer protec- had a chance to talk to Senator PRES- treme to another. They are making a tion regulations that we have had on SLER or Senator HOLLINGS. But I would great mistake. I have yet to talk to a for the last 2 years, has been a healthy be willing to have a 20-minute time single radio station owner who does industry with lots of capital to invest. agreement, 10 minutes on my side and not think this is a sensible amend- There is no reason to believe that will 10 minutes on the other side. I am not ment. not continue to be the case under the sure that anyone is going to speak in I hope that my friends on the floor of amendment that I put forth. Let us re- opposition. I would welcome no one the Senate and the House would vote member, the great fear here of the speaking in opposition. But I do believe for this amendment. cable industry is competition from the that at least one Member on the other Mr. President, I reserve the remain- telephone companies—and they are side wants to vote against it. regulated. The PRESIDING OFFICER. The der of my time. Mr. President, I question the pres- Often cited are the companies that Chair informs the Senator from Illinois ence of a quorum. are selling out these systems, these that, under the previous order, time is The PRESIDING OFFICER. The cable systems. But I want to say those limited to 30 minutes on first-degree clerk will call the roll. who are selling are doing so at a very amendments. healthy profit. Mr. SIMON. I am willing to reduce The assistant legislative clerk pro- One other argument that arises again that to 20 minutes. ceeded to call the roll. is that competition is just around the Mr. PRESSLER. That is the best Mr. SIMON. Mr. President, I ask corner. As I have indicated, I hope so. music I have heard this morning. unanimous consent that the order for I hope competition is around the cor- The PRESIDING OFFICER. The Sen- the quorum call be rescinded. ner. I hope we can get the regulation ator is willing to either use or yield The PRESIDING OFFICER. Without out of here. But right now, to receive a back whatever time he does not wish to objection, it is so ordered. direct broadcast satellite system, a use. Mr. SIMON. Mr. President, I ask consumer has to invest about $700 to Mr. SIMON. Mr. President, let me unanimous consent to speak as if buy the equipment and then pay a outline what the situation is right morning business for 2 minutes. monthly charge at least as large as the now. We now have under the FCC rule The PRESIDING OFFICER. Without current cable bills. At the moment, a limit of 20 FM stations and 20 AM objection, it is so ordered. again, less than 0.5 percent of subscrib- stations that may be owned by any one f ers are choosing this DBS satellite. As entity. The Dole amendment takes the my friend and colleague from South cap off that completely. The most that THANKS TO THE PAGES, AND Dakota points out, at the current rate is owned by any one entity right now is OTHERS of subscription, in 5 years there will be Infinity. They own 27 stations. CBS Mr. SIMON. Mr. President, I just 5 million subscribers to DBS. Mr. owns 26. learned talking to the pages they are President, 5 million subscribers is only Under the bill as it is right now, any- going to be leaving tomorrow. One of 8 percent of the current subscribers to one—the Dan Coats Co.—can theoreti- the things that we do around here is we S 8424 CONGRESSIONAL RECORD — SENATE June 15, 1995 do not thank people enough. And the no one can control more than 40 sta- I received a letter from Benny Bee, pages have just been terrific. tions. That is 20 AM stations and 20 FM President of Bee Broadcasting up at We are very proud of you, and I am stations. Clearly, the radio market is Whitefish, MT. Benny writes, and I sure some of you are going to be Sen- so incredibly vast and diverse that quote: ators someday in the future. there is no possibility that any one en- I can’t express how important it is that the But it is not only the pages. It is the tity could gain control of enough sta- markets be opened up and the ownership people who take the RECORD; it is the tions to be able to exert any market caps be taken off. Broadcasters like myself people at the front desk who tolerate power over either advertisers or pro- need to be able to compete. . . . I urge you us when we come up and say, ‘‘How did to defeat the Simon amendment and help grammers. move broadcasters forward as we go into the COATS vote on this? How did PRESSLER At the local level, while the FCC sev- Twenty First century. vote on this?’’ It is the people who are eral years ago modified its duopoly Larry Roberts, who operates stations waiters and waitresses downstairs—all rules to permit a limited combination in my home State of Montana, has of the people, the people who watch the of stations in the same service in the written me stating: doors. I am going to get back in good same market, there are still stringent [Radio deregulation] would provide us with graces with someone here—it is the limits on the ability of radio operators the freedom to excel and succeed. It will not people who write out our amendments. to grow in their markets. Further, the only allow us to compete more effectively, it It is the people who provide the thou- FCC rules permit only very restricted will also increase the value of our radio sta- sand-and-one little services that we or no combinations in smaller markets. tions. just neglect to thank people for. These restrictions handcuff broad- And in the 1980’s we had an explosion, So I just wanted to get up and say we casters and prevent them from provid- Mr. President, of licenses granted to thank everyone, and wish the pages the ing the best possible service to listen- stations when really there was no mar- very best. They are a fine group of ers in all of our States. And, unfortu- ket analysis done that the market young people with a bright future. We nately, the Simon amendment, wheth- could even handle another radio sta- wish them the very best. er intended or not, only addresses the tion. Mr. President, I see the Senator from national limitations and does nothing There are many more examples that Montana on the floor. He may wish the to alleviate excessive local market I could leave you with. One final one floor at this point. controls. from Ray Lockhart of KOGA, an AM I yield the floor. Increased multiple ownership oppor- and FM station in Ogallala, NE, not f tunities will allow radio operators to my constituents but I know Ray very obtain efficiencies from being able to well. My wife comes from that part of TELECOMMUNICATIONS COMPETI- the country. And he writes: TION AND DEREGULATION ACT purchase programming and equipment on a group basis and from combining Soon, one DBS operator will be able to de- The Senate continued with the con- liver 50 to 60 radio channels into every mar- operations such as sales and engineer- ket in the country with none of the rules sideration of the bill. ing which is going on today. Mr. BURNS addressed the Chair. that I labor under. The Baby Bells will be The PRESIDING OFFICER (Mr. We do not hear any cry in just the able to do the same thing at even less cost. local market of anything being really Help broadcasters by not protecting us. Cut SANTORUM). The Senator from Mon- us loose from ownership . . . regulation so tana. wrong in the broadcast business. Radio stations have to face increas- we can take advantage of our abilities to AMENDMENT NO. 1283, AS MODIFIED compete. Mr. BURNS. I rise in opposition to ing competition from other radio sta- tions and from other advertising and And I think that is the argument the Simon amendment. here, the ability to compete. Do not The Senator is right; we do not thank programming sources, such as cable television operators. Nowadays many shut the doors of opportunity. people enough. I wish to thank the So we need to look at the true pic- cable operators have begun to provide Senator from Illinois for bringing up ture of the challenge that the industry music and related services that com- this issue. faces. For the longest time we have pete locally with radio stations, and I think it important that the Amer- viewed radio as competing only with it- soon satellite services will have the ca- ican people take a look and see exactly self, as if it exists in a vacuum. And ba- pabilities of providing 60 channels of what is happening in the broadcast sically I know something about that digital audio service that will be avail- business. Radio ownership decisions because my main competition basically able in communities across the Nation, should be made by owners and opera- in the advertising business was from of which there is no wall to receive tors and investors and not by the Fed- the print media. You have to deal with their signal. eral Government. That is why we need that—and there is competition there— to eliminate all remaining caps on na- Also in the near future, radio sta- in order to stay economically viable. tional and local radio ownership. tions will begin facing the need for new Radio goes head-on with other forms Let us take into consideration some capital investment when the FCC au- of mass media for the audience and for things happening in the broadcast in- thorizes terrestrial digital audio broad- those advertising dollars that fuel its dustry. Even if I own two radio sta- casting. Without an opportunity to well-being. We need to start acknowl- tions in the same market, would I pro- grow and to attract capital, our Na- edging this important distinction and gram them the same? Would I want the tion’s radio industry will face an in- give radio the tools it needs to compete diversity to capitalize on an advertis- creasingly difficult task in responding with all other information providers. ing market so that I can expand that to these multiplying competitive pres- That is why I urge you to vote against advertising base? Because that is what sures. the Simon amendment. pulls the wagon in the broadcast busi- And they are competition. But we Mr. President, I ask unanimous con- ness—advertising dollars. Would I pro- also wonder why should we in some sent that the attached letters from the gram it the same? I seriously doubt it. way or other hamper a local broadcast broadcasters that I mentioned be print- And there are some right now, even station from supporting the local com- ed in the RECORD. though they own an FM station and an munity. News, weather, sports, all the There being no objection, the letters AM station and operate it out of the community services that we enjoy in were ordered to be printed in the same building, use the same engineer, our smaller communities, we have to RECORD, as follows: sometimes the same on-the-air person- be able to attract advertising dollars, BEE BROADCASTING, INC., alities, their programming is different. yet we will be subject to the competi- Whitefish, MT, June 14, 1995. That is what is happening in the broad- tion of direct broadcast and also the Senator CONRAD BURNS, cast business today. Now, that is the cable operators. But competition is Washington, DC. real world. what makes it good. I am not worried DEAR SENATOR BURNS: It was great visiting Nationally, there are more than about that. We can compete. Just do with you the other day when you were home in Montana and I hope the conference went 11,000 radio stations providing service not limit our ownership decisions to well. to every city, town, and rural commu- buy or sell based on a Government-im- The reason I am writing is I know that you nity in the United States. Presently, posed cap on what we can own. will be introducing legislation that is going June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8425 to have a tremendous impact on small mar- will also increase the value of our radio sta- and supported a chance to get in a position ket broadcasters like myself. I can’t express tions. to compete. We can’t use old regulation to how important it is that the markets be No matter how comfortable the past has protect against a horse that’s already out of opened up and the ownership caps be taken been, with its artificial barriers to owner- the barn. off. Broadcasters like myself need to be able ship, the times have changed. The issue be- Large and small market broadcasters (cor- to compete with the large cable companies, fore us is not whether radio’s ownership en- porate vs small operators) do have different which offer several channels as well as bulk vironment will be changed from the past. It business objectives. But remember, one Baby discounts. Also, the ‘‘Information Super is being changed. The only question is Bell Operating Company is larger than the Highway’’ is just around the corner, which whether it will be changed for the better, by entire Radio/TV industry. There are seven will allow large market radio stations to the adoption of the Lott/Bryan Amendment, Bell Operating Companies, plus all the cable, come in via satellites, competing with the or whether it will be changed for the worse, satellite, and others, so you can see that’s smaller market operators for audience and by not allowing radio broadcasters the same coming and what we’re up against. advertising dollars. For us to compete at the freedoms of ownership that are being pro- I know it may go against your grain to local level, we need to be able to own and vided to non-traditional radio broadcasters. support eliminating ownership limits today, market several different formats. By owning Please call your Senators now and ask but please do it to insure you have positive four or five stations and formats, operating them to support the Lott/Bryan Amendment! options in the future. costs would drop dramatically, allowing us Sincerely, Sincerely, to pass tremendous savings on to the adver- LARRY ROBERTS, BUD. tiser. Also, the audience benefits by having President. multiple choices of formats to listen to. And SORENSON BROADCASTING, of course, we the broadcasters benefit by THE CROMWELL GROUP, INC., Sioux Falls, SD, March 27, 1995. being able to compete with the ‘‘big boys’’ in Nashville, TN, March 25, 1995. JOHN DAVID, our much smaller markets. Re lifting ownership restrictions—Locally, NAB Radio Senator, I urge you to defeat the Simon Nationally. Washington, DC. Amendment and help move broadcasters for- To: Small/Medium Market Licensees. DEAR FELLOW BROADCASTERS: Broadcast ward as we go into the Twenty First century. DEAR ASSOCIATES: As you know, the NAB Ownership Rules, particularly Radio Owner- If I can be of ANY assistance on this matter, Radio Board has supported the idea of elimi- ship Rules are ‘‘up for grabs’’ in Washington, please don’t hesitate to call. nating restrictions on the number of radio D.C. As a broadcaster who has built a career Yours sincerely, station licenses that an individual operator/ on Local-Service-Radio, I feel it’s imperative BENNY BEE, Sr., company can hold. If approved, the net effect you and I protect our Stations, Commu- President. will be to permit you or others to own/oper- nities, and the concept of Local-Service- ate all the stations in your market area. Be- Radio. . . . Now. SUNBROOK COMMUNICATIONS, fore you say ‘‘no’’, read on and consider what What am I asking? (1) You and I must con- Spokane, WA, April 3, 1995. is happening: sider strong support of the position voted by DEAR FELLOW BROADCASTERS: We have very (1) Cable systems operate 30, 40, 100 chan- our NAB (National Association of Broad- little time to act on a matter which will sig- nels in your town under one owner locally casters) Board of Directors, and (2) You and nificantly impact our future. As you know, .. . selling local advertising I need to contact our Congressmen . . . espe- Congress is rewriting the Communications (2) The telephone company may be offering cially Senators on the Commerce Commit- Act to reflect the new realities in which 30, 40, 100 channels to your home as one tee. media operate. This bill is expected to be owner . . . selling local advertising I grew up in a different world than we’re brought to the floor of the Senate so soon, (3) Direct TV (Satellite) now offers 30 chan- now experiencing. It’s excitingly scary what that we have little time to make our feelings nels plus to your home with two owners na- is being proposed for the future. However, I known to our Senators. However, it’s imper- tionally . . . selling regional advertising. am certain. . . . I want to be able . . . as a ative that we do so. (4) DARS Satellite Radio in a few years local radio broadcaster to play in the new I urge you to support the Lott/Bryan will offer 30 plus channels heard in your technologies . . . whatever they happen to Amendment on Radio Ownership. Here’s town with one/two owners nationally . . . end up being. why. selling regional advertising. Experience shows it’s hard to ‘‘Out local- All of us are likely to soon be competing (5) Internet is fast growing and offers mul- ize’’ the local radio station. However, if the against an additional 30–60 new over-the-air tiple information sources to the home in Ownership Rules are changed to give the radio stations in each of our markets. They your community . . . selling who knows ‘‘trump card’’ to other media in the changing will broadcast in digital stereo direct from a what with lots of options. and future world of technologies . . . we satellite, provided by 1 or 2 owners. If you All of the above have/will have a subscrip- could find ourselves embarrassed into a ‘‘po- add these stations to the recent addition of tion source of revenue plus compete with you sition of weakness.’’ This could also affect audio channels from your local cable com- and other broadcasters for local advertising. the present and future value of the radio sta- pany, plus still more channels from your As a small market broadcaster of the old tions you and I own and operate. telephone company which is likely to get school and with ‘‘localism’’ in my blood, I do In the communities where we operate . . . into the cable biz, plus the additional chan- not like the idea that my station could be Cable systems are now offering 45–75 chan- nels offered by DirecTV satellite, it’s obvi- owned by the newspaper, my competitor, a nels, complete with 10 channels of music ous that local radio broadcasters are facing a national company, Walmart, or others. It (radio)! Telephone companies are throwing serious threat. goes against my grain. serious money at new business opportunities, If this weren’t bad enough, the terrible However, the Congress and the FCC are on and if satellite radio comes to my town, as news is that we local radio broadcasters ... track to permit telephone and cable compa- Direct TV already has. . . . I’m not certain we who have worked so hard to provide serv- nies, Satellite providers, and others to be yet what those changes mean. But . . . I do ice to our communities . . . are currently single owners with multiple channels serving realize the importance of my company . . . being left out of the deregulation of audio your and our communities. In the future the as the local radio folks . . . being able to services. The rewrite of the telecommuni- competition will be fierce. For a small mar- compete on a level field. cations bill, as it stands today, would take ket broadcaster with only one product (ie: And if ownership of the local newspaper the handcuffs off of the cable companies, the one format) competing against other broad- makes sense. . . . I would like not to be for- phone companies, and the national satellite casters AND the new technologies, survival bidden from the chance to own it. broadcasters, giving each of them the ability will be a real difficult challenge. I have talked personally with our friends to flood our markets with dozens of new Current rules hinder only the local broad- who serve on the NAB’s Radio Board of Di- channels. But as it stands, the bill leaves the caster. All the others are free to operate. We rectors. They have thoughtfully presented a handcuffs on local radio broadcasters! may think we are protected by having own- position which deserves our support. I ask Without the economies of scale provided by ership rules, but in the future we will be simply that you familiarize yourself with multiple-station ownership, we will be left hamstrung. We won’t be able to compete and that position . . . then begin explaining your unable to compete. To have just a single we won’t be able to sell because our value position to your Congressman. channel (or even 4 in the largest markets) will have declined. Historically regulation Enthusiastically, would make our survival highly unlikely, in has held broadcasters back in the face of new DEAN SORENSON, a world where other audio providers are op- technology. Unless we act now, that could President. erating without ownership restrictions, and again be the case. without public service obligations. Eliminating ownership rules (as distasteful OGALLALA BROADCASTING CO., INC., Therefore, it’s imperative that we support as it sounds to me today) makes it possible Ogallala, NE. the Lott/Bryan Amendment. It would remove to have ‘‘localism’’ in the future. You or DEAR FELLOW BROADCASTERS: I was all radio ownership rules. It would put us on your buyer will be able to provide ‘‘mul- stunned to hear that some Senators and the a level playing field with all of these new tiple’’ signals in your community and be able NAB were receiving calls from some broad- competitors. It would provide us with the to compete with the new technologies. As casters opposing the idea of deregulation for freedom to excel and succeed. It will not you think ‘‘NO’’ today, please consider that the radio industry. Are you kidding me? In only allow us to compete more effectively, it you might wish tomorrow you’d said ‘‘YES’’ my tiny market my local TCI cable system S 8426 CONGRESSIONAL RECORD — SENATE June 15, 1995 with 3500 paid subscribers delivers 30 Music The PRESIDING OFFICER. The Sen- stations that one person may own. I, in Express channels, sells local commercials for ator from North Dakota. fact, think it ought to be lower than $1.25 per 30 second spot and they have plans Mr. DORGAN. Mr. President, I stand that. But the Senator from Illinois has to deliver more TV signals with more local in support of the amendment offered by proposed a modest approach, and then access all over the country. No ownership limits, no FCC intervention in anything but the Senator from Illinois. finds himself struggling because the technical standards. Why shouldn’t I as a As I listen to some of the debate on very preachers of competition are sug- broadcaster be afforded the same? this amendment, as well as the debate gesting that somehow the Senator Soon (by year 2000) one DBS operator will on the amendment I offered previously from Illinois is proposing something be able to deliver 50 to 60 radio channels into which tried to restore the restrictions that is wrong. every market in the country with none of on television station ownership, it oc- I tell you, there is a total disconnec- the rules I labor under (localism, main stu- curred to me that we ought to really tion of logic on the floor of the Senate dio, public file, lowest unit rate, FCC rules, remove some desks in the Senate and on this issue. My friend from Montana etc.). The Baby Bell’s will be able to do the same thing at even less cost. Our Public In- provide a stretching area. When you go grins about that. But I would bet all terest Standard is a one way street that to a baseball game, you see these folks the cattle in North Dakota against all keeps us 2nd class and Government con- stretch out before the game, getting all the cattle in Montana that 10 years trolled. (1st Amendment freedoms do not limber. I do not know of anyone who from now if the broadcasting ownership apply to us, right?) We do have a shot at can stretch quite so well as those who deregulation provisions in this bill these freedoms if we’re not afraid to take it. stand in this Chamber and preach the passes, that we will see the con- Some local operators say, the FCC must virtues of competition and then decide sequences that I have suggested. We protect us from someone buying everything to advocate concentration of economic will see massive concentration in tele- up. Why? They protected us in the 80’s with 80/90. Wasn’t that fun? If I can’t compete ownership by lifting the restrictions on vision ownership and massive con- with the big boys that can and will buy mul- ownership of television stations and centration in radio ownership. tiple markets (yes, maybe even WalMart) at radio stations. The Senator from Montana will say, least a market has been created for my sta- That is some stretch. But it does not ‘‘Well, that would be OK, because, they tions that will bring a better price than if we quite reach. It does not prevent people wouldn’t compete against themselves, don’t have a level playing field with the new from trying, however. You cannot, in they would have different formats.’’ technologies and players. my judgment, preach the virtues of They would have a couple different sta- I am fortunate enough to have been able to competition and take action that will tions. One would be producing country take advantage of the small market duopoly rule and buy the other station in this town eventually end up resulting in a half a western music and the other classical of 5,000. It is a very worthwhile venture that dozen or a dozen companies owning music. They will both be extracting, if everyone should be able to do if they so de- most of America’s television stations. they control the marketplace, the max- sire. With respect to this amendment, we imum amount of money from the ad- Tell your Senators to help broadcasters by will end up with conglomerates owning vertisers in that marketplace. not protecting us. Cut us loose from owner- the majority of America’s radio sta- The issue here is competition. If you ship and everything but technical regulation tions. bring this bill to the floor with a dozen so we can take advantage of our abilities to It is as inevitable as we have seen in flowery opening statements and talk compete. It is the future of our ‘‘over the air’’ broadcast industry we’re dealing with. other industries that concentration about the virtues of competition, then Get involved if you’re not! means less competition. Concentration there seems to me there is some obliga- Remember, a Government that is big is the opposite of competition. How tion to practice competition with re- enough to give you the protections you want people can preach competition and spect to the amendments and the lan- today is big enough to take them away to- come to the floor of the Senate and ad- guage in this bill. This is exactly the morrow. vance the economic issues that lead to opposite of the tenets of competition. Mr. BURNS. Mr. President, I urge more economic concentration is just These provisions which eliminate the that this amendment be defeated. For beyond me. ownership restrictions, will inevitably, the first time, only 40 percent of the Even if that were to escape the folks lead to greater concentration of owner- radio stations operating in the United who preach this unusual doctrine, one ship. States today are really making a prof- would think that at least the issue of That is the point I make, and that is it. So some kind of consolidation is localism would matter. why I support the amendment of the needed to keep them viable. It is like I Let me read a quote, if I might, to Senator from Illinois. We had a close said. If I own two newspapers in the my colleagues. Bill Ryan, of Post vote on the ownership of television sta- same market, would I format those Newsweek, recently stated: tions yesterday. I won that vote for newspapers just exactly alike? Even The whole world is trying to emulate the about an hour. But that was before din- with first amendment rights, would I local system of broadcasting that we have in ner. Then after dinner, we had a bunch slant them the right way? Or whatever. this country, and here we are creating a of folks limping into the Chamber all I think what I would do is be diverse structure that will abolish it or put it in the bandaged up and changing their votes. with them, to broaden the base of the hands of a very, very few. What happened was apparently before advertising market in that particular I do not know how you express it dinner, they believed concentration of locale. That is also true whenever you more succinctly than that. I under- ownership in the television industry start trying to attract national dollars stand why these things emerge in this was not good. Then they had something on national advertising campaigns. legislation: It is big money, big compa- to eat, or ate with someone who con- And it is how good your reps are when nies, big interests. I understand the vinced them that concentration of they start representing your station. stakes here. But the stakes, it seems to ownership was good. So I appreciate the amendment be- me, that are most important are the It would be interesting for me to hear cause I think the American people have stakes with respect to what is in the how they explain that conversion over a right to know just what is happening public interest in our country. Is it in dinner, but I understand that you do in the broadcast industry. I understand the public interest to see more and not weigh votes, you count them. where the Senator is coming from, but more concentration of ownership in the I hope when we get to the issue of he also has to look at what is happen- hands of a few in television and radio, concentration of radio ownership that ing in the real world as far as radio or is it not? In my judgment, the an- maybe we can win this one and maybe broadcasting is concerned. swer is clear; it is no. win for more than an hour. I think it I thank the Chair. I yield the floor So I just wish we could find a cir- would be in the public interest if we and reserve the remainder of my time. cumstance where those who preach adopt the amendment offered today by Mr. SIMON addressed the Chair. competition would be willing to prac- the Senator from Illinois. The PRESIDING OFFICER. The Sen- tice it. Practicing competition in this The PRESIDING OFFICER. The Sen- ator from Illinois. area would be to support this modest ator’s 5 minutes have expired. Mr. SIMON. I yield 5 minutes to the amendment. The Senator from Illinois Mr. DORGAN. I yield the remainder Senator from North Dakota [Mr. DOR- comes to us with an amendment that of my time. GAN]. provides for a limit of 50 AM and 50 FM Mr. LEAHY addressed the Chair. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8427 The PRESIDING OFFICER. The Sen- The telecommunications bill would the rates to go up at least $5 to $10 a ator from Vermont. lift the lid on cable rates. month. We are trusting in the generos- Mr. SIMON. Does the Senator want Under current law, cable rate regula- ity and good will of the cable compa- to speak on this amendment? tion is dispensed with only when the nies. Good Lord, Mr. President, we are Mr. LEAHY. Mr. President, I ask FCC finds there is ‘‘effective competi- all adults; we ought to be smart unanimous consent that I be able to tion’’ in a local market. enough to know better than that. proceed for not to exceed 10 minutes on The telecommunications bill, as re- The Lieberman-Leahy amendment the Lieberman-Leahy amendment, ported, would change this law by deem- would fix the cable rate regulation amendment No. 1298. ing ‘‘effective competition’’ to be problems in the bill. Our amendment The PRESIDING OFFICER. Is there present wherever a local phone com- would use competitive market rates as objection? Without objection, it is so pany offers video programming, regard- a benchmark for whether rate regula- ordered. less of the number of subscribers to, or tion is needed to protect consumers. AMENDMENT NO. 1298 households reached by, the service. Instead of letting a few cable compa- Mr. LEAHY. Mr. President, I think The bill would also lift rate regula- nies control the cable rates for all con- the Lieberman-Leahy amendment is tion for upper tiers of cable service, un- sumers in the Nation, our amendment necessary because we have to make less the cable operator is a ‘‘bad actor’’ would ensure that rates are fair. Regu- sure that if we deregulate cable rates, and charges substantially more than lators can step in to protect consumers we do not do it on the backs of the con- the national average. Of course, the na- when rates are out of line with com- sumers. And, right now we are. In most tional average could be set by the two petitive markets. areas in this country, consumers are largest cable companies. They almost Small cable companies, particularly captive to monopoly cable service pro- have an incentive to raise the national in rural areas, of course, have different viders. In fact, the only thing that average and the rates. economic pressures on them than oper- stands between the consumers’ wallets In fact, the day after Senator ators in high-density areas. Our and the monopoly cable company is LIEBERMAN and I held a press con- amendment would exempt small cable regulation. ference to voice our concerns over the companies from rate regulation. If you Under the telecommunications bill, cable deregulation parts of the bill, the are in rural Pennsylvania or rural Ver- the sure-fire way for a cable company managers’ amendment to this bill was mont, and your house is maybe a mile to avoid regulation is to raise their adopted in an effort to provide more or two a part, it obviously would cost rates across the country. It is very, protection to consumers from the spi- you more to set up your cable system very interesting what we are doing. If raling cable rates after deregulation. than if you are wiring high-rise apart- we sent this up for a national referen- But I do not believe it goes far enough. ments in a high-density area. dum, the Lieberman-Leahy amendment The managers’ amendment ties rate I do not think we have to give cable would be agreed to overwhelmingly. If regulation to whatever the national av- companies any incentive to raise rates. we had a referendum by only some of erage was on June 1 of this year, to be Mr. President, I have a feeling the the well-heeled PAC’s and lobbyists adjusted every 2 years. But that still cable companies will figure out how around here, well then, of course, it means if the two or three largest cable they can raise rates, without us en- goes down. So the question is: Who do companies raise their rates, the na- couraging them to do it. I do not think we stand with? tional average will go up, and rates for any one of us wants to go back home We all get paid enough money so that all consumers would spiral upward. and tell our constituents that we $10 or $20 added onto our cable rates Now, Mr. President, if any one of us passed legislation that actually en- each month probably does not seem went to a town meeting in our State courages cable companies to raise like a lot. But to most people living in and we said: Here is the way we are rates, rather than doing something to Vermont or any other State in this going to set cable rates. We are going hold them down. country, that is a big difference. Ask to allow two or three huge cable com- We stepped in once before, over a people who get cable television in this panies to determine what the national Presidential veto, to curb spiraling country whether they think their cable average will be for your rates, and we cable rates. The Lieberman-Leahy rates would go up or down if monopoly will leave it to their good judgment. amendment ensures that consumers cable companies are left to themselves Should they raise rates, well, then have the protection they need. Do you to decide what the rates would be. everybody’s rates would go up. If they not think we ought to do this? The American people are pretty lower rates, everybody’s rates will go Now, if we have a situation where we smart. They know darn well if we let down. And now, ladies and gentlemen have two or three cable companies in the cable companies have a monopoly in this town meeting, what do you one community or one area, I would and have no regulation, those rates are think those big cable companies are rely on competition to bring the prices going to go up. They are never going to going to do? Will they raise your rates, down, and it will. But when you only come down. The only times they have or will they say their subscribers are have one cable company, or if you have come down is when Congress stepped paying enough—‘‘Let us lower the a telephone company that has come in in. In fact, when we passed the 1992 rates, let us give the average household and bought out the cable company, so Cable Act, President Bush vetoed it, a break?’’ that you have a monopoly on top of a and we overrode the veto, because con- Well, just asking the question, we monopoly, Mr. President, altruism is sumers were being gouged by cable would get laughed out of the hall. not going to bring those rates down. company monopolies. Cable rates were Every American who gets cable knows People are not going to see their rates rising three times faster than the infla- the cable companies are not going to come down just out of good will on the tion rate. Every American knew it, and just lower the rates on their own. I part of the cable company. We are ei- finally Congress got the message and hear this back home. I do not care if a ther going to have effective competi- they overrode the Presidential veto. person is Republican, Democrat, inde- tion or regulation. If we have effective Consumers demanded action to stop pendent, whatever, they are saying the competition, let cable companies set the rising cable rates. The law worked. same thing: Cable rates are too high. their own rates. But if you have a mo- In fact, since passage of that law, con- They also say that unless you have real nopoly, you should have regulation sumers have saved an estimated $3 bil- competition to bring rates down, do that is going to bring the rates down. lion, and they have seen an average 17 not leave the cable companies to set Again, I will tell you this. Any mem- percent drop in their monthly rates. As the rates, because they are never going ber of the public that is getting cable rates have gone down, more people to bring them down. They are always television would agree that if this was have signed up. Last year alone, over going to raise them. Under this bill, a referendum among the taxpayers of 1.5 million new customers signed up for the more cable operators raise rates, this country who have cable television, cable service. One would think the the more they can avoid regulation of they would vote overwhelmingly for word would get across: If you keep the their rate increases. If cable rate regu- the Lieberman-Leahy amendment. If rates reasonable, more people are going lation is lifted before you have effec- you are somebody representing one of to join. tive competition, then you can expect the cable monopolies, of course, you S 8428 CONGRESSIONAL RECORD — SENATE June 15, 1995 are not going to want it because it is tire audience in an area. But you can All you have to do is turn the switch going to say that you do not have a li- on this narrow broadcast. on your television set from cable to cense to print money. That is basically Now this argument about competi- over the air and you can get the local what they are going to have—a license tion, holy mackerel, Mr. President. news. So the fact that the direct broad- to print money—if we do not have some The argument about a referendum, put cast satellite cannot physically carry regulation on them. this to a referendum, people would vote it at the moment is not an impedi- Let us at least wait until there is down what they are paying for cable. ment. real competition. Some have said that My hunch is if you put to a referendum Mr. President, the market works. these new satellite dishes will do it. what they pay for phone bills, they While we are talking about commu- Well, there is only, I believe, 600,000 or would put that down. And electric nications, the best example to probably so of those in the country. Less than 1 bills. use is the cellular telephones. Again, I percent of the people get their service I hesitate to say what they would do speak with some degree of history on that way. It is about $600, $700 to set it if you gave them a referendum on con- this. up. Let us wait until there is real com- gressional salaries. My hunch is they In 1981, when I was chairman of the petition. would vote that down. Is that the Senate Commerce Committee, we Mr. President, I yield the floor. standard this representative body will passed a bill restructuring AT&T. They Mr. PACKWOOD addressed the Chair. be —whatever a referendum might be, had to have separate boards for Bell The PRESIDING OFFICER. The Sen- that will be it? labs, and we worked out an agreement ator from Oregon is recognized. If you were to pose the question in a that was satisfactory to a lot of par- Mr. PACKWOOD. Mr. President, I different way to people, do you want to ties. thank the Chair. I come to speak in cut your cable prices in half and have The bill went to the House. Before strong opposition to this Lieberman- your programs cut in half and have the the House acted, the antitrust settle- Leahy amendment. Seldom has some- channels taken off, you might get a dif- ment between AT&T and the Govern- thing been so misguided, misconceived, ferent answer. But if the question is, do ment was arrived at. The so-called and antimarket as what we have at- you want some costs lowered, what an- modified final judgment. Therefore, the tempted to do to cable over the last swer do you expect to get? I would like bill became moot. decade. to have the price of gasoline lowered. I AT&T and everybody else agreed to a I can speak with some degree of might put that up for a referendum and different method of restructuring than knowledge and history on this, because see what we get. we passed in the Senate Commerce Now look at the competition argu- I was chairman of the Commerce Com- Committee, and that agreement was ment. I heard the Senator from Ver- mittee when we deregulated cable in that they would spin off all the local mont talk about 600,000. This is not 1984. When we deregulated them, we Bell companies. They would get out of 600,000 direct broadcast satellite over asked two things of them. One, give us the local business and keep the long the year, but 600,000 what we call wire- lots more channels. Two, give us more distance business. diverse programming. less cable. This is growing. You normally have That was not the only agreement in Mr. President, we got that in spades. the modified final judgment. There There is hardly a person so young in to have flat terrain, but this does not come from the satellite. Wireless cable, were lots of things that the local Bells this Chamber that they cannot remem- as we call it, is line-of-sight from a could not go into—local information ber precable days, when what you got transmitter. Because the terrain is rel- services, manufacturing. This was a was ABC, NBC, and CBS, through your atively flat, the line-of-sight is good. structured settlement. Still regu- local affiliates, maybe a public broad- Corpus Christi is a good example latory, but very structured. casting station, and maybe an inde- where the line-of-sight has taken a fair The one thing that the settlement pendent, unless you were in Los Ange- portion of the market and the prices left out was cellular telephones, be- les or New York. That was basically it are cheaper than normal cable, and you cause there was no future in cellular on television. You got it with your rab- can transmit a good program over the telephones of any great consequence, bit ears. air because you have a straight line-of- and nobody cared about it. Cable came in initially to fill a void sight. An analogy I used the other day was where people could not get signals. In- Obviously, that kind of programming the dividing up of the Middle East by stead of growing from urban to rural, is limited, but it is growing. That is Britain and France after World War I. they grew from rural to urban. They the 600,000 subscriber figure that the All of the Middle East had been part of began to realize if they were going to Senator from Vermont talks about. the Turkish sovereign area. Turkey compete, they had to do more than just They expect to have 600,000 within 2 was allied with Germany in World War carry the signal of the major networks. years grow to 1.5 million, and 3.4 mil- I, and Britain and France in the middle And so when they were deregulated in lion by the year 2000. of the war said, ‘‘When this is over we 1984, they gave us what we asked for. In addition, you already have Bell will take a lot of Turkey’s territory in Today, we have, unfortunately, limited Atlantic, NYNEX, Pactel, phone com- the Middle East and divide it among them with that foolish 1992 act. But panies, all of them experimenting in ourselves.’’ you could ‘‘channel surf,’’ as we have small areas with carrying the equiva- At the end of the war, Britain took learned to call it, and be fascinated. I lent of cable on their phone wire sys- what has become now Israel and Jor- find Spanish language stations here in tem. dan and Iraq. France took what has be- Washington. You can find three or four That is going to expand. But then be- come Lebanon and Syria. Nobody in Los Angeles, and a number of them yond that, direct broadcast satellite. wanted Arabia. It was not worth any- in Corpus Christi. They program to the Here is a business, 2,000 new subscribers thing. Nothing but sand. So it got left market on things that the over-the-air a day. The company that makes the out, on its own devices. networks could not do because, by the dishes cannot make them fast enough. Today, it occupies a position of more very nature of the fact that you were Mr. President, 2,000 additional sub- extraordinary influence because of its over the air, you had to have a wide au- scribers a day. We will have over 5 mil- oil reserves than all of the other coun- dience. You could not program to a lion subscribers to this by the year tries, save Israel, put together. narrow audience. Cable can. 2000, and I bet that is an underesti- Cellular telephones are the same Cable can make money on program- mate. analogy. They were left out of the ming to a narrow audience. So consum- Except for the local news, you can modified final judgment. There were ers got services and programs that get every program from the direct 100,000 of them in existence in 1982. they wanted, that they could never get broadcast satellite you can get from AT&T predicted by the year 2000 there before. You cannot probably justify a cable. If you want the local news, you might be a million cellular telephones. history channel on NBC or ABC or know that 94 percent of the people in Today, there are 25 million subscribers. CBS, broadcasting over the air to a this country can get local news with Predictions are in 10 years that will be broadband audience; probably could rabbit ears. Local is local, you do not 125 million subscribers. I bet that not on MTV, if you had to cover the en- broadcast very far. underestimates the number. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8429 This has happened because we did not The PRESIDING OFFICER. Without continued to thrive. They continue to regulate it. We left it to the market- objection, it is so ordered. be able to raise capital. There is simply place. Does anybody think there is no Mr. LIEBERMAN. Mr. President, my no reason to remove these consumer competition in cellular telephone friend from Oregon has spoken against protections. I will say respectfully today? All you do is turn on your radio, my amendment which would maintain again, to me what has happened here is turn on your television, open your some kind of consumer protection in that, in the Trojan horse of this great newspaper, and you have company the pricing of cable, based on the won- telecommunications bill, there has upon company stumbling over each derful service and the extraordinary been inserted inside a repealer of cable year to compete for your business. range of programming that cable pro- consumer protection without cause and ‘‘Sign up, we will give a free phone.’’ vides. Since I got into this fight when at great cost to American consumers. And you have to understand that you I was attorney general in Connecticut I hope my colleagues will support have to make so many phone calls or in 1984 when cable prices were deregu- this amendment so none of us will have pay so much. lated and most consumers in America to explain to our consumers back home People are pretty darn smart and were left facing a monopoly with no why rates have risen, as they surely managed to figure this out. They have competition, I have said I was very will in the years ahead if this amend- done well figuring out long distance, supportive of cable. I think cable is an ment is not agreed to. watching MCI ads, AT&T ads, the extraordinary service to the American I thank the Chair. Sprint ads. They have also discovered people. It has been delivered well, and The PRESIDING OFFICER. The Sen- that there are lots of small long dis- I like the expansion of the program. ator from Montana. What I do not like is allowing that tance companies. Mr. BURNS. Mr. President, I really I have over 40 long distance phone expansion to occur without giving con- like this debate. But I would like to companies in Oregon that are what you sumers some protection, because they draw your attention to one thing. He would call niche carriers. They rent have only one choice to make, and says there is no competition. What is their time from AT&T. They are a bulk what is significant to me is that the 2,000 subscribers a day being added to buyer, they will buy it. Then they say programming has continued to expand the DBS that provides the same chan- we have 24 hours of time over the week, even since the regulation, the nels, the same service—CNN, ESPN, all or 10 hours of time over the day on consumer protection that went on in of those we enjoy now, and the USA, such and such, and they go out and sell 1992. So there is no reason to believe Lifetime, the History Channel, all of it. They are specialists in certain that, if we sustain some protection for those—off direct broadcast satellite? niches. Some sell to the medical pro- consumers until they face competition, What is that other than competition? fession. Some to the insurance profes- that will stop. If the rates get competitive, whether sion. They figured out a way—the com- The second point is this. There just is you are on a fixed income or not a fixed panies are not big, some 8 or 10 employ- not adequate competition at this time income, it makes no difference. And it ees, and they are renting everyone to existing cable. If there were, then is going to make both services better else’s facilities—to do something very the FCC would have pulled off regula- when they compete equally. There are narrowly and good that is better than tion for cable in more than 50 markets no restrictions on DBS. Nobody is set- the big company can do it. where they say there is now effective ting their rates. We have seen this in telecommuni- competition out of more than 10,000 in cations. The innovators in this field the country. The fact is, the direct If one remembers, since way back in are not always IBM and AT&T. They broadcast satellites which were 1990 when we were talking about this, are more often new companies that are thought to be the next wave of great there was a great groundswell that spinoffs—not spinoffs, been formed by competition for cable are only used by went across the country, what about some 35-year-old engineer who left the less than 1 percent of the cable con- cable rates? Did you take into consid- company, mortgaged his house, sold his sumers in America. eration—when you used to buy maybe hunting dog, and both he and his Telephone companies may get into three Salt Lake stations and two Bil- spouse put up everything that they had this. They probably will. But the ques- lings stations and a PBS station for $5 to take a chance. And they succeeded. tion is, When? Until that time, most or $6 a month and then all at once we Come back again to cable. There is cable consumers in America will have pay $21 now for 45, I think, something no need for any regulation of cable at no alternative except the local cable like that—our cost per channel? One any level. They have more competition company, and if this bill passes with- does not have to take it. Nobody is now than they can handle, and they out the amendment Senator LEAHY and standing there with a gun to your head will have more competition than they I have offered, the consumer will not saying, You have to sign up for cable. can handle. The consumer is going to only not have a choice of another sys- They go by more houses than they be the beneficiary. tem to offer multichannel services, service. It is another part of the mar- I hope, Mr. President, that the cable as we know it, but will have no ket. We are trying to sell a service. Lieberman-Leahy amendment would be benefit of consumer protection. History At the same time we said, Do not re- defeated overwhelmingly. If there is tells us where there is no competitive regulate the cables; allow effective any example of where the market is market, where there is a monopoly competition. DBS was part of that; C- working, and will get even more and supplier and no regulation, the band; satellite dishes, they were a part more competitive, it is in communica- consumer is in real danger of being of that. I think also in the same time— tions generally. It is in cable specifi- taken advantage of. and the chairman and ranking member cally. So in my humble opinion, respect- remember this—I offered the amend- I think to adopt this amendment to fully, I think this amendment is all ment on a telco bill to allow them in further regulate cable beyond which we that stands between millions of cable the cable business to provide effective have already regulated in 1992—and we consumers and what I would take to be competition, to add an entity that al- should not—would be a terrible mis- a definite increase in their rates over ready has a wire into the house. They take. the coming years until there really is would have to change their technology Mr. LIEBERMAN. Mr. President, if I effective competition to hold the rates a little bit, and that is what we are may respond very briefly to my friend down. really doing is providing the new tech- from Oregon. Again, I love cable. My family watch- nologies that will travel on this great The PRESIDING OFFICER. The Sen- es; selectively, of course. But I do not, thing called fiber optics, or fiber and ator from Connecticut should be ad- any more than any other consumer, in- coaxial interphased for broadband, two- vised he has used all the time on his cluding a lot of the elderly out there, way, interact telecommunications. amendment. people on fixed incomes, I do not want That is where we are going. That is Mr. LIEBERMAN. Mr. President, I only one choice and no consumer pro- why we need Mickey Mouse to pave the ask unanimous consent that I be al- tection. way for other things that we have in lowed to speak for no more than 5 min- This system has worked. It saved store, and that is distance learning and utes. consumers money. The industry has telemedicine and these types of things. S 8430 CONGRESSIONAL RECORD — SENATE June 15, 1995 So what, is C-band competition? Sure Moreover, I want our Nation to lead AMENDMENT NO. 1283, AS MODIFIED it is. Is telco competition? Yes, they that revolution much as we have led Mr. PRESSLER. Mr. President, I rise are. Is DBA competition? Yes, they are. the revolutions for democracy around in strong opposition to the amendment Even the store down the street that the world. Thus, I do not want the by my good friend, Senator SIMON. The sells videos to rent is competition to guarantee of participation in the elec- financial health and competitive via- the same service the cable operators tronic information age for the people bility of the Nation’s radio industry is are trying to provide over that wire of Montana to rest solely on heavy- in our hands. We all agree that the into the house. handed regulation. I want Montanans telecommunications legislation we are I said this before: The glass highway, to be able to rely on good old American considering is about competition and the information highway, may be al- know-how as stimulated by good old deregulation and not picking winners ready in place and it has been done by American competition. and losers. And we also agree that this this marvelous growth industry called I believe this competition is already legislation goes a long way toward giv- cable television. The competition is arising through such technologies as ing cable, satellite, and the phone com- there, and I urge the colleagues to de- DBS, wireless cable, the home satellite panies the freedoms they need to com- feat this amendment. dish market, and even those tech- pete. We now need to agree to extend Mr. President, the solution to the nologies yet to be discovered. And I be- these same freedoms to the over 11,000 cable problem is competition, not con- lieve that with this legislation we have radio broadcasters in this country. tinued regulation. In fact, after the provided perhaps the best opportunity No other audio service provider, be 1984 Cable Act, deregulation of the for competition in the video market by they cable, satellite or telcos, has the cable industry resulted in substantial permitting the telephone companies to multiple ownership restrictions that benefits. compete for cable services. And we radio has. The language we are offering The cable industry has made substan- have done so by promoting telco entry today eliminates those outdated radio- tial investments in programming, with safeguards and restrictions. only rules. plant and equipment, investments that This legislation, drafted by this Con- It is imperative we in Congress end have directly benefited consumers, in gress, promotes the greatest public this discrimination against radio soon- particular my constituents in Mon- good by unleashing competition and er by adopting this language, rather tana. technology to meet the Nation’s needs. than wait for the bureaucracy to come If all we heed and hear are the prob- It will be this competition that will around to it later, as this legislation as lems of cable, then I am afraid that we help ensure that a modern tele- currently drafted would have it. Imme- will have lost an opportunity, a chance communications infrastructure and in- diate action is critical because the FCC to look into the future and to shape it; novative services are available to all is on the verge of authorizing digital for we do shape the future of this Na- Americans—and, most importantly, all satellite radio service, whereby 60 new tion when we shape its telecommuni- Montanans—at reasonable prices. When radio signals will broadcast in every cations infrastructure. It is an infra- telephone companies are able to com- market in the United States. This sat- structure that is critical to the whole pete with cable companies, as this leg- ellite service will be mobile and avail- Nation—from the Lincoln Center in islation allows, a competitive cable able in automobiles, homes, and busi- New York City, to Lincoln, NE, to Lin- market would: nesses. Also, cable already provides 30 coln County, MT. First, put downward pressure on channels of digital radio broadcasting So in the continuing debate over cable service rates; what to do about the so-called cable in markets across the United States Second, lead to greater diversity of under a single operator. Obviously, an problem, there are two alternatives. television programming and program Solution one is competition. And solu- incredible diversity of voices has been choices; achieved with even more competition tion two is regulation. It has been my Third, accelerate the introduction of to radio quickly making its way down experience that regulation can actu- new services; and the information highway. Yet, let us ally harm consumers by slowing inno- Fourth, increase consumer access to not lose sight of the fact that all of vation and stifling new services. On the high quality service. these welcome new voices are also ag- other hand, nothing is more pro- I have been involved in this debate gressive competitors for radio’s listen- consumer than competition, most espe- since I first arrived in the Senate. I be- ers and advertisers, and, unlike radio, cially competition where there is a lieve that we are finally on the verge of these competitors are not burdened level playing field. And on no playing passing a historic piece of legislation. I with radio’s multiple ownership re- field can the benefits of competition be think that the Lieberman amendment strictions nor do they have the same seen more clearly than on the field of is a significant step backward in our ef- public service obligations as radio communications. History teaches us forts. Competition is the answer, not broadcasters. that you cannot regulate technological re-regulation. I urge my colleagues to advancements. reject this amendment. Our Nation’s radio broadcasters have Regulation does a very poor job of The PRESIDING OFFICER. All time a strong tradition of providing the guaranteeing a market choice for con- on the amendment has expired. American people with universal and sumers. Most ironically, under a price The Senator from Connecticut. free information services. In a tele- regulatory regime, prices are unlikely Mr. LIEBERMAN. Mr. President, I communications environment increas- to fall when they are effectively ask unanimous consent to speak for 30 ingly dominated by subscription serv- propped up by regulation. seconds. ices and pay-per-view, it is essential On the other hand, we have all seen The PRESIDING OFFICER. Without that we not foreclose the future of free many instances where competitive objection, it is so ordered. over-the-air radio by restricting owner- market forces spur competitors to in- Mr. LIEBERMAN. Mr. President, ship options, for radio serving the pub- novate in order to reduce costs and im- very briefly. My friend from Montana lic interest and competing are not mu- prove efficiency. And as costs come says 2,000 additional subscribers to di- tually exclusive. They are complemen- down, new technologies and new serv- rect broadcast satellites go on every tary. ices can be extended to unserved areas. day. That is compared to over 60 mil- So it is left up to us to empower Those are the types of truly competi- lion cable customers. We are getting radio so it can grow strong well into tive market forces that I want to intro- there, but we do not really have effec- the next century and continue to serve duce, and the people of Montana need, tive competition in most places in our communities as it has done so well to ensure that our State is fully served. America. When we do, the FCC will for the past 70 years. Again, I am not merely talking about pull this consumer protection off and The last point I would like to make video entertainment, I am talking then the consumers will be protected is perhaps the most important. Relief about the communications revolution, by competition. from ownership rules works. In the and I want my constituents to benefit I thank the Chair. early- and mid-1980’s the FCC issued from that revolution and not be left be- The PRESIDING OFFICER. The Sen- hundreds of new radio licenses, and the hind by it. ator from South Dakota. market became oversaturated with June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8431 radio stations without sufficient adver- Mr. President, the Lieberman-Leahy cations industry in this country is tising revenues to support the increase. amendment will reregulate cable. going to explode. It is going to be a However, in 1992 the FCC granted lim- What we are trying to do with this wonderful boon to our economy. New ited relief in radio ownership restric- bill is deregulate so that we have a jobs will come into the market. Con- tions. After many years of financial level playing field, so that more people sumers will get more choices. We will losses, suddenly radio became an at- can come into the competitive market, have choices that we have not even tractive area for investment and an and so that the consumers will benefit dreamed of today. We will have choices alarming multiyear increase in sta- from the lower costs and lower prices. of technology that will give us the abil- tions going off the air was arrested. The Lieberman amendment will take ity to research and grow because we The economies of scale kicked in. Sta- away the balance that has been estab- are taking the regulations out of this tions gained financial strength through lished in this bill. It will put the FCC bill to the greatest extent possible. consolidation, and its overall ability to back into the regulatory business. It So, Mr. President, I think the chair- serve its markets and compete for ad- will cause these cable companies to man of the committee and the ranking vertising improved. have to come to the FCC to spend their member have done a terrific job. They Allow me to quickly cite some statis- money paying lawyers’ fees instead of have cooperated. There has been dis- tics. In 1993, a year after the new limits dropping their prices and going to the agreement on every major part of this took effect, the dollar volume of FM- bottom line. bill, but we have not worked on this only transactions almost tripled— I am sure that the intent of the bill for days. We have not work on this $743.5 million—while radio station amendment is very good. They want to bill for weeks. We have not worked on groups sales grew 44 percent. make sure that we have low cost if this bill for months. In fact, we have In 1994, sales prices of single-FM sta- there is not competition. But what we worked on this bill for years. We have tions rose 12.7 percent from 1993’s $743.5 are trying to do here is promote com- talked about telecommunications de- million to $838 million, and from 1993 petition so there will be choices, so regulation for years in this country. I to 1994, the total volume of AM radio that the consumers will have the abil- am a person who is not even a regu- station sales shot up 84 percent, total- ity to pick and choose. lator. I do not like any regulations. I ing $132 million. The Lieberman amendment will put would like for Congress not to even be There is every reason to believe that one more hassle to the cable companies in the process. But because technology all of these positive trends will con- even when it is not necessary. has exploded and because we have had tinue to flourish if we remove radio’s I have watched day after day after a regulatory environment that has outmoded multiple ownership restric- day the chairman of the committee, on caused an unfair and unlevel playing tions. which I serve, and the ranking member field, we have had to correct the Clearly, maintaining local and na- talking about the need for this bill. It wrongs, and we are doing that by try- tional radio ownership limits in the will put $3 billion into our economy in ing to reach a balance. That is what face of tomorrow’s competitive envi- new jobs, and it will be a benefit to this bill does. The LIEBERMAN amend- ronment is not only unfair but it is a consumers. They have done a wonder- ment will take that balance away, and major step back. ful job. But what is very important to Mr. President, let me emphasize that we must not allow that to happen. remember here is that we must keep a So I thank the Chair. I thank the I understand some statements have level playing field. And we have tried chairman of the committee and the been made. I understand that CBS does to balance. distinguished ranking member for their not support the Simon amendment. Sometimes we have done something leadership. We must stick with the Bill Ryan is the NAB Joint Board that the long distance companies do committee on this amendment. It is Chairman. He supports the NAB posi- not like. Sometimes we have done very important for the future of our tion which is adamantly opposed to the something that the local Bell compa- jobs, of our economy, and for the con- Simon amendment. Mr. Ryan’s com- nies do not like. Sometimes we have sumers of our Nation. ments, which Senator SIMON cited, re- done things that the cable companies I thank the Chair. I yield the floor. lated to TV ownership and not radio think is onerous. This would be an on- Mr. PRESSLER. Mr. President, I ownership. erous regulation that would put the thank the Senator from Texas for her Mr. President, I urge Senators to FCC back in the mix when we do not great work and leadership on this tele- come to the floor to make their state- need the FCC. We are trying to take communications bill. She has been a ments on the various pending amend- the FCC out of every arena that we stalwart in drafting this bill and in ments. possibly can. The FCC is very much in making it happen. Her leadership was I note the absence of a quorum. the bill, I must say, of course. For in- The PRESIDING OFFICER. The crucial and I thank her very, very stance, in broadcast ownership, we clerk will call the roll. much. The bill clerk proceeded to call the want the FCC to look at broadcast Mrs. HUTCHISON addressed the roll. ownership to make sure there is not Chair. Mrs. HUTCHISON. Mr. President, I the concentration that would take The PRESIDING OFFICER (Mr. ask unanimous consent that the order away the diversity of voices in a mar- SHELBY). The Senator from Texas. for the quorum call be rescinded. ket. But it is very important that we Mrs. HUTCHISON. Will the Senator The PRESIDING OFFICER. Without keep the balance. We must be able to yield for a question and comment? objection, it is so ordered. say at the end of this bill that probably I just wish to say that I did not men- AMENDMENT NO. 1298 everybody does not like it as a perfect tion this because I was talking about Mrs. HUTCHISON. Mr. President, I bill but we have allowed people to the level playing field of all of the com- would like to speak against the come into the process to compete, and petitors, but the other element here Lieberman-Leahy amendment. The we have tried to make the cost the that the chairman and the ranking Lieberman-Leahy amendment will fin- least possible, and we have tried to member have worked so hard on is the ish this bill once and for all. make the cost fair. But the underlying protection of our cities and our State The PRESIDING OFFICER. The Sen- element of this bill is that we take the regulatory boards. ator will be advised that all time has regulations out to the greatest extent Our cities have rights-of-way that expired on the Lieberman-Leahy possible. they must control, and that is some- amendment. Mr. President, if we are going to even thing that we worked very hard to Mrs. HUTCHISON. I ask unanimous look at the Lieberman-Leahy amend- make sure was not encroached on. We consent that I be allowed to speak for ment, it is going to gut the bill from would have chaos if someone came in up to 5 minutes on the bill and on the the standpoint of keeping the level and said, Well, I now have the right to Lieberman-Leahy amendment. playing field, continuing to encourage dig a hole in the middle of your street, The PRESIDING OFFICER. Without competition, and giving the consumers without the city maintaining that con- objection, it is so ordered. the benefit of all the choices that will trol. Mrs. HUTCHISON. Thank you, Mr. be available. If we can pass this bill So I wish to say that that is another President. and keep it fair, the telecommuni- element of this bill that is protected, S 8432 CONGRESSIONAL RECORD — SENATE June 15, 1995 and the cities of America owe a great I join in the distinguished chairman’s from competition for video services, debt of gratitude to the chairman and praise of Senator WARNER and his ef- and I believe that competition is well the ranking member. forts here to clarify this to make cer- structured and maintained in the for- I thank the Chair. tain that everyone could be prepared mat that has been brought to the floor. Mr. PRESSLER. I thank the Senator. and on notice as to facilitating the When consumers have a choice and AMENDMENT NO. 1325, AS FURTHER MODIFIED interconnection services. So I join in the marketplace is not artificially con- Mr. PRESSLER. Mr. President, at the amendment as amended, I take it. strained, then that marketplace is this time, we are prepared to call up an The PRESIDING OFFICER. If there going to provide for rates that are rea- amendment that has been agreed to is no objection, the amendment as so sonable. I think that anybody who that we will not have to have a vote modified is agreed to. looks at the current intentions of the on, and that is the Warner amendment. So the amendment (No. 1325), as fur- regional Bell operating companies and I would like to call up amendment 1325. ther modified, was agreed to. long distance operators and those who The PRESIDING OFFICER. The Mr. HOLLINGS. Mr. President, I are going to be moving into the provi- pending question is amendment No. move to reconsider the vote. sion of video services will understand 1325, as modified. Is there further de- Mr. PRESSLER. I move to lay that that if cable all of a sudden went out bate? motion on the table. and started raising its rates at any Mr. HOLLINGS. Is there a modifica- The motion to lay on the table was tier, it is going to be significantly non- tion? agreed to. competitive, it will build resentment Mr. PRESSLER. I have the perfect- Mr. KERRY addressed the Chair. among consumers, and they will quick- The PRESIDING OFFICER. The Sen- ing amendment. I send an amendment ly move to the new provision of serv- ator from Massachusetts. ices. to the desk and I ask for its immediate Mr. KERRY. Mr. President, is time I can speak to this on a very personal consideration. It is a perfecting amend- controlled at this point? level because I have recently been ment. The PRESIDING OFFICER. Time is making choices about where to put Mr. HOLLINGS. It should be a sub- controlled on each amendment. what kind of service in my own resi- stitute, I think. It should be drafted as Mr. KERRY. Mr. President, I rise and dence. I was amazed at the number of a substitute for the amendment. will only speak for a very few minutes, direct broadcast capacities versus The amendment (1325), as further but I would like to indicate my support cable that I could make a choice on modified, is as follows: for the cable provisions of S. 652 as it right now. 1. On page 102, after line 25, insert a new has been brought to the floor by the Second, Mr. President, consumers do subsection as follows: distinguished chairman and ranking not only care about rates, they also ‘‘(e) INFORMATION ON PROTOCOLS AND TECH- care about the quality of the service NICAL REQUIREMENTS.—The Commission shall member and the committee, of which I prescribe regulations to require that each am a member. and they care about the breadth of pro- Bell operating company shall maintain and AMENDMENT NO. 1298 gramming that is available to them. file with the Commission full and complete Mr. KERRY. I want to voice, there- They want both of those as well, and information with respect to the protocols fore, my opposition to the Lieberman- they want that from cable. If cable all and technical requirements for connection Leahy amendment. All of us are con- of a sudden ceases to do that, they are with and use of its telephone exchange serv- cerned about cable rates. We made a going to have the opportunity to make ice facilities. Such regulations shall require major effort a number of years ago to another set of choices because of the each such Bell company to report promptly very things that we are proposing in to the Commission any material changes or try to regulate that and guarantee that the consumer is going to have the low- this legislation. planned changes to such protocols and re- Finally, this bill incorporates a so- quirements, and the schedule for implemen- est possible price. In my judgment, the called bad actor provision, so that the tation of such changes or planned changes.’’. fundamental thrust of this bill which FCC can step in immediately if a cable 2. Redesignate subsequent subsections ac- has been very carefully tailored to company begins to move in a direction cordingly. work a balance between many varied which is clearly anticonsumer or out of The PRESIDING OFFICER. If there very powerful interests, the fundamen- order with what the rest of the compa- is no objection—— tal effort of this bill is to create com- Mr. PRESSLER. Mr. President, I nies in the Nation are doing. petition which will reduce rates across So, in my judgment, our objective would just like to say a word or two. the board. should not be to strengthen the regula- The PRESIDING OFFICER. The Sen- I think all of us have learned that tion of rates that cable now is allowed ator from South Dakota. when you have regulation, you inevi- to collect for its upper-tier service. On Mr. PRESSLER. I would like to tably have a skewing of the market the contrary, our objective ought to be praise Senator WARNER. In his usual which impacts the capacity of people to maximize competition and to get gracious way, we worked on this to take risks, people to raise capital, the Government out of the way of al- amendment for a few days, and we had people to invest and diversify. It is my lowing these companies to begin to various meetings with Senator WARNER belief that the upper tier versus the compete and the price mechanism to be and some of his constituents who are lower tier of regulation is sufficiently able to provide the maximum amount concerned about this manufacturing well tailored in the legislation that we of consumer benefit. clause. sent out of committee that the inter- I think anybody who looks at what His original amendment he has ests of consumers are protected. has happened in the last 5 or 10 years in agreed to set aside in favor of this In point of fact, it is my belief that this field cannot help be amazed at the modification. My colleague from South the availability of direct broadcast sat- way in which competition and private- Carolina, the ranking member of the ellite today and the availability of sector initiative has changed the land- committee, has long been an expert in video dial that is going to come on so scape of the provision of these services, this area, having authored the bill on rapidly people are going to be dizzy and it will do so at such an extraor- manufacturing that passed the Senate. when they begin to see it, that to dinary rate over the course of the next He has graciously agreed to this modi- maintain a regimen of strict upper tier few years that Americans will, I think, fication. regulation on cable would be to dis- understand the attributes of what the The PRESIDING OFFICER. The Sen- advantage cable’s capacity to be able committee has brought to the floor. ator from South Carolina. to make the kind of investment nec- So I urge my colleagues to stay with Mr. HOLLINGS. Mr. President, this essary that this bill envisions, pre- the committee mark and the chair- deals, of course, with the technical re- cisely to be able to compete with the man’s and ranking member’s efforts to quirements for connection to the tele- regional Bell operating companies and try to maximize competition and to op- phone exchange service facilities, to begin to create the dynamic synergy pose the Lieberman-Leahy amendment. which is quite appropriate. It does not that we are looking for in the market- At this time, I also express my admi- allude to the research and design with place. ration for the long efforts of the distin- respect to manufacturing. That has So I believe the greatest protection guished chairman and ranking mem- been cleared. for consumers is, in fact, going to come ber, and for the efforts of the ranking June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8433 member when he was chairman, to digital audio will soon be able to de- Therefore, S. 652 provides a more sta- really structure this. This has been a liver 60 channels of digital music in ble and reliable business environment long road. I think that the balance, every market across the country. Sat- for both cable and television companies which is so difficult to maintain in ellite television, like direct TV, now by reducing regulations and encourag- this, has been maintained throughout, offer 30-plus radio channels to homes. ing competition. and I think we are going to be able to This deluge of new entrants into the Mr. President, S. 652, as reported by get a solid piece of legislation to the radio business will ensure that com- the Commerce Committee, includes the conference committee where further petition exists. following: improvements can be made. Extending the artificial restrictions First, maintained the regulation of Mr. HOLLINGS. Mr. President, let on radio ownership will give the indus- basic cable rates until there is effective me thank the Senator from Massachu- try the wherewithal to compete competition. setts. It has been a long road for all of against other mass media providers. It Second, redefined the effective com- us on our Committee on Commerce. We is my view that by ending these artifi- petition standard to include a tele- have been working veritably about 4 cial restrictions, we encourage more phone company offering video services. years to revise and bring to modern competition and give the public great- Third, allowed competition from technology the provisions of the 1934 er choice. I urge my colleagues to op- phone companies. act. The distinguished Senator from pose the Simon amendment. Fourth, deregulated upper tier pro- Massachusetts has been a leader in par- I yield the floor. gramming, but kept it subject to a bad- ticipating as his staff has worked The PRESIDING OFFICER. Who actor provision. The bad-actor provi- around the clock. I appreciate his com- yields time? sion allows the FCC to make expanded ments. Mr. HOLLINGS. I suggest the ab- tier services subject to regulation if Mr. BRYAN addressed the Chair. sence of a quorum. rates are unreasonable and substan- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The tially exceed the national average of ator from Nevada. clerk will call the roll. rates for comparable cable program- Mr. BRYAN. Mr. President, I inquire The bill clerk proceeded to call the ming services. of the floor manager, I would like roll. These provisions were certainly a about 3 minutes to speak in opposition Mr. PRESSLER. Mr. President, I ask step in the right direction: away from to the Simon amendment. unanimous consent that the order for regulations and toward more competi- Mr. HOLLINGS. Go right ahead. the quorum call be rescinded. tion. The PRESIDING OFFICER. Without AMENDMENT NO. 1283, AS MODIFIED During consideration of S. 652, the objection, it is so ordered. Mr. BRYAN. Mr. President, I rise in Senate adopted the Dole-Daschle lead- Mr. PRESSLER. Mr. President, I opposition to the Simon amendment ership amendment by a vote of 77 to 8, urge that Senators come to use time on which would strike language currently which included language addressing the these amendments. We are down to in the bill which removes radio owner- concerns of those who believe that, de- about an hour before the majority lead- ship caps. I must say, I do so with re- spite the safeguards already contained er will start us voting, and we are try- luctance because I have a great deal of in S. 652, it might lead to unreasonable ing to get agreements on amendments affection and find myself generally in rate increases by large cable operators. and we are negotiating. If anybody who support of my good friend from Illinois It established a fixed rate, June 1, wants to make a speech, we will make when he takes the floor. In this in- 1995, for measuring the national aver- arrangements to speak in general on stance, I believe his concerns are mis- age price for cable services and only al- the bill or on an amendment. I urge placed. lows for adjustments to occur every 2 Senators to come to the floor to finish Currently, there are approximately years. This provision eliminates the this bill. possibility that large cable operators 11,000 radio stations in this country. I suggest the absence of a quorum. Unfortunately, far too many are losing The PRESIDING OFFICER. The could collude to artificially inflate money. The last figures that have been clerk will call the roll. rates immediately following enactment called to my attention would indicate The bill clerk proceeded to call the of S. 652. that about half of those stations are roll. The bill, as amended, establishes a actually losing money. If we do not Mr. BRYAN. Mr. President, I ask national average based on cable rates take some action to help these sta- unanimous consent that the order for in effect prior to the passage of S. 652 tions, an increasing number will con- the quorum call be rescinded. when rate regulation was in full force. tinue to fail. The PRESIDING OFFICER. Without It excluded rates charged by small One way to help radio stations get objection, it is so ordered. cable operators in determining the na- out of the red is to permit them to use Mr. BRYAN. I ask unanimous con- tional average rate for cable services. economies of scale that they can sent that I might speak for a period of This provision addresses the concerns achieve from consolidating their oper- time not to exceed 7 minutes as in that deregulation of small system ations. Lifting the ownership cap will morning business. rates, which was included as part of the permit radio stations to achieve these The PRESIDING OFFICER. Without Dole-Daschle amendment in S. 652, efficiencies. objection, it is so ordered. would inflate the national average When the FCC raised the cap several The Senator from Nevada is recog- against which rates of large cable com- years ago, we found that, in fact, this nized. panies would be measured. is what happened. Without ownership Mr. BRYAN. I thank the Chair. It specified that national average caps, economic forces will determine (The remarks of Mr. BRYAN pertain- rates are to be calculated on a per the appropriate size of stations. This, ing to the introduction of S. 926 are lo- channel basis. in my judgment, is a decision better cated in today’s RECORD under ‘‘State- This provision ensures that national left to the marketplace instead of some ments on Introduced Bills and Joint average is standardized and takes into Government-mandated number. Resolutions.’’) account variations in the number of I believe an ownership cap was put on AMENDMENT NO. 1298 channels offered by different compa- radio stations many years ago because Mr. CRAIG. Mr. President, S. 652, as nies as part of their expanded program of the concern for undue concentration. modified by the Dole-Daschle leader- packages. In this day and age, such a concern, in ship amendment, balances reduced reg- It specified that a market is effec- my opinion, is unwarranted. With the ulations with increased competition. tively competitive only when an alter- avalanche of entertainment sources That is exactly what the goal of the native multichannel video provider of- available to the public today, there is chairman has been all along. fers services comparable to cable tele- no need to worry that a concentration I think the legislation recognizes vision. will cause public harm. that investment in new technology is This provision ensures cable opera- Cable systems already provide up to an essential part of developing an ad- tors will not be prematurely deregu- 30 channels of digital audio in a single vanced telecommunications infrastruc- lated under the effective competition market under a single owner. Satellite ture here in the United States. provision if, for example, only a single S 8434 CONGRESSIONAL RECORD — SENATE June 15, 1995 channel of video programming is being losing sight of the ultimate goal of re- At no time during our conversation did I delivered by a telco video dial tone pro- forming the 1934 Communications Act, indicate that any specific action by Time vider in an operator’s market. which should be to establish a national Warner would result in deletion of the pro- In addition, the leadership amend- policy framework that will accelerate gram access provisions. I have had no further conversation with HBO/Time Warner about ment also included critical provisions private sector deployment of advanced this matter since that meeting. My staff has deregulating small cable operators. telecommunications and information not portrayed my position as being anything In short, Mr. President, the reason I technologies and services to all Ameri- other than the industry negotiations sug- have given this explanation is the cans by opening all telecommuni- gested on May 4. Nothing I said during our Dole-Daschle amendment tightened the cations markets to competition. short meeting could be construed as suggest- bad-actor provision on expanded tier In addition, working toward the goal ing some sort of quid pro quo, which would services and further limited the defini- will spur economic growth, create jobs, be wrong, if not illegal. I resent the inference tion of effective competition. increase productivity, and provide bet- in your letter that I suggested something other than an industry-negotiated solution. This compromise closed any possible ter services at a lower cost to consum- loophole that would allow large cable ers. I have this morning obtained a letter operators to unreasonably raise rates. The balance of reduced regulations from Time Warner saying ‘‘* * * the It gave relief to our small cable compa- with increased competition contained facts are exactly as outlined in your nies and maintained the delicate bal- in the provisions relating to cable in S. letter.’’ It goes on to say that ‘‘* * * at ance struck in S. 652 of reduced regula- 652 will lead to the very important no point did we seek or reach under- tions with increased competition. goals I just stated. standing with you or your staff regard- The reason, again, I think it is im- In addition, Mr. President, I am con- ing any change in the legislation.’’ portant that we understand this, Mr. cerned if we continue to restrict the Mr. President, I ask unanimous con- President, is that the Lieberman ability of cable companies to obtain sent to have these three letters printed amendment puts us back at square one capital necessary to invest in new pro- in the RECORD. There being no objection, the letters in this effort to move toward more gramming and services, we will also be were ordered to be printed in the competition in the cable industry. limiting the ability of cable companies RECORD, as follows: While it does include language similar as competitors to local phone monopo- to the leadership amendment that lies. TIME WARNER, would deregulate small cable opera- Cable companies will require billions June 13, 1995. Hon. LARRY PRESSLER, tors, the Lieberman amendment would of dollars of investment to develop Chairman, Committee on Commerce, Science, undermine the competitive objectives their infrastructures in order to be and Transportation, U.S. Senate, Washing- of S. 652. competitive providers. ton, DC. The amendment further restricts the The Federal regulation of cable tele- DEAR CHAIRMAN PRESSLER: As you re- national average standard by limiting vision has restricted the cable indus- quested, the attached signature page con- it to the ‘‘national average rate for try’s access to capital, made investors firms that Home Box Office has reached an comparable programming services in concerned about future investments in agreement with the National Cable Tele- cable systems subject to effective com- the cable industry, and reduced the vision Cooperative, Inc. for HBO program- ming. As discussed with you and your staff, petition.’’ ability of cable companies to invest in this agreement is entirely contingent on the Mr. President, this is a backdoor technology and programming. removal of the program access provisions at route that leads back to the restrictive Mr. President, rate regulation will Section 204(b) of S. 652, prior to Senate ac- rate regulation standard similar to not maintain low rates and quality tion on the legislation. what now exists: regulating rates that services in the cable industry. Quite On behalf of Time Warner and HBO, I am substantially exceed those of compa- the opposite will occur. We have al- pleased to report that we have reached this nies subject to effective competition. It ready seen it. Only competition will agreement and respectfully request that this provide the kind of services that our provision be removed from the bill at the is precisely this standard that has cre- earliest possible opportunity. Without re- ated the highly bureaucratic regu- consumers want. moval of this provision from the bill, the latory morass that has stymied cable New entrants in the marketplace HBO distribution agreement with the NCTC television investment, and therefore such as direct broadcast satellites and will be void. service to the consumer. telco-delivered video programming will Thank you for your leadership on this mat- As I stated in my opening remarks on provide competitive pressures to keep ter. Please feel free to contact me if I can be this bill last week, I opposed the Cable cable rates low and fit within the of any assistance to you or your staff. I can Act of 1992, and I voted against passage framework of the market. Cable com- be reached at my office at 202/457–9225 or at home at 202/483–5052. of that bill. panies are likely to provide the needed Warm regards, Since the enactment of S. 12—that competition to keep the telephone TIMOTHY A. BOGGS. was the Cable Act—I have received nu- local exchange market operating. merous complaints from fellow Idaho- In short, Mr. President, deregulation U.S. SENATE, COMMITTEE ON COM- ans who felt that the changes resulting of the cable industry is essential for a MERCE, SCIENCE, AND TRANSPOR- from S. 12 worsened, rather than im- competitive telecommunications mar- TATION, proved, their cable service and cost. ket, and it is necessary as the element Washington, DC, June 15, 1995. In addition, a number of very small of S. 652 and the competitive model en- Mr. TIMOTHY A. BOGGS, Senior Vice President for Public Policy, Time independent cable systems in Idaho visioned in this bill. Warner, Inc., Washington, DC. have been in jeopardy as a result of I urge my colleagues to vote ‘‘no’’ on DEAR MR. BOGGS: Your faxed letter of June that near closure and have been forced the Lieberman amendment. It is not a 13 contains misleading statements which do to pay astronomical costs associated step forward. It is a step backward to not accurately reflect my position. with implementing the act. the industry. It is clearly a step back- On May 4, 1995, I met briefly with you, Ron A rural community hardly benefits if ward to the consuming public. Schmidt and HBO/Time Warner executives, it loses access to cable service because Mr. PRESSLER. Mr. President, could in the presence of my staff, regarding the I briefly state that I have received a se- program access provision of S. 652. During the local small business that provides that meeting, HBO/Time Warner urged me to service cannot handle the burden of ries of letters—the first of which I be- support deletion of the program access provi- Federal regulations. Quite the opposite came aware of last night, from Time sions of the bill. is true. Warner. The first letter stated some- I stated that the program access provision Competition, not regulation, will en- thing that was not true, and it was was of enormous importance to small cable courage growth and innovation in the sent to various people. operators, including those in South Dakota. cable industry, as well as other areas of As discussed with you and your staff, this I suggested that if the program providers dis- telecommunications, while giving the agreement is entirely contingent on the re- liked the provision, they ought to negotiate moval of the program access provisions . . . with the small cable operators to reach an consumer the benefit of competitive agreement which might address the problems prices. And so forth. That was not true. So this portion of S. 652 is attempting to solve. Mr. President, I would again suggest last night, I faxed to Timothy Boggs a Specifically, since Ron Schmidt is from my to my colleagues the importance of not letter stating in part: home state, I suggested that he talk to a June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8435 small cable operator from South Dakota, June 13, addressed to Senator PRES- sured by Time Warner to appeal to us Rich Cutler, to see if an industry com- SLER, chairman of the Commerce Com- to eliminate the proviso of the bill. promise were possible. mittee. Any lobbyist who would write a I do not want to see the Senate agree At no time during our conversation did I to something like that, because I think indicate that any specific action by Time letter like this, especially when it is Warner would result in deletion of the pro- not true, should make a public apol- whether we do it knowingly or unwit- gram access provisions. I have had no further ogy. And his powerful employer, Time tingly, we place ourselves in a position conversations with HBO/Time Warner about Warner, should do likewise. I am refer- of being influenced when maybe that is this matter since that meeting. My staff has ring to the letter of June 13 that the not the case. not portrayed my position as being anything Senator from South Dakota has just There comes a time when the U.S. other than the industry negotiations sug- entered into the RECORD. Senate, despite money, despite power, gested on May 4. Nothing I said during our He has also entered in the RECORD a despite pressure from competing inter- short meeting could be construed as suggest- letter of June 15, which is supposedly est groups, has to stand up and do what ing some sort of quid pro quo, which would an apology from Timothy Boggs for the we think is right. Just because of the be wrong, if not illegal. I resent the inference action of the Commerce Committee to in your letter that I suggested something letter he earlier wrote. However, in the other than an industry-negotiated solution. letter of June 15, while admitting that provide some measure of relief for the Your letter indicates that failure to delete his previous letter was in error, and in smaller cable operators, who by and the program access provisions from the bill a way apologizing for it, I do not see large are at the complete indirect con- would vitiate any negotiated agreement anything in the letter that indicates to trol by the biggies like Time Warner, HBO/Time Warner had reached with the me that Time Warner may not have the little guys are now appealing that small cable operators. While HBO/Time War- had or thought they had a quid pro quo the big guys have said they will go ner is free to negotiate contracts as they see with some other Members of the U.S. along with what we want to do if we fit, such tactics, in my opinion, cannot be will knock it out of the piece of legisla- considered as good faith negotiations. Your Senate. letter implies that I tacitly approved such a What we are talking about here is tion. condition, which is not the case. money, and that is one of the problems This has gone way too far. Time War- I expect you to send this letter to the same with this whole telecommunications ner and Viacom have taken the small individuals who received your letter to me. bill, in which I have had an integral cable operators hostage, just like hos- Your letter is misleading, and does not accu- part to play. I want to say Senator tages are being taken in Bosnia today. rately characterize my position as presented PRESSLER is an honorable man. He is a They have taken these little guys hos- in my May 4 meeting with HBO/Time War- tage and they say, ‘‘If you will knock ner. good and hard-working Member of the Senate and has a very decent staff. He this out of the bill, then somehow we Sincerely, will get along.’’ I think this is the time LARRY PRESSLER, is a friend and a colleague I respect, Chairman. and I congratulate the Senator on his to teach Time Warner and every other letter to Time Warner and their re- lobbyist—and there are a lot of good TIME WARNER, sponse. I object to the action taken by lobbyists around this place—that they June 15, 1995. Time Warner and Viacom—two of the overstep their bounds. They clearly Hon. LARRY PRESSLER, big giants today—for putting the U.S. overstepped their bounds when they Chairman, Committee on Commerce, Science, Senate in a difficult if not compromis- wrote the referenced letter I had just and Transportation, U.S. Senate, Washing- cited and which was placed in the ton, DC. ing position. RECORD by my friend and colleague, an DEAR MR. CHAIRMAN: Thank you for your Probably nothing else better dem- letter of today. I write to respond and to join onstrates the power of the lobbyists honorable man, the Senator from you in setting the record straight. around this place, who overreach and South Dakota, Senator PRESSLER. First, I am as distressed as you that any overreach and overreach, and get not I hope we will recognize that Time statement I have made could be mis- only themselves but the reputation of Warner is attempting to take hostages. construed or infer anything other than the this body in some degree of disrepute. I think we should say to Time Warner, facts. grab them right by the throat if we There are good and substantive argu- Second, the facts are exactly as outlined in have to, and say: Mister, you may be ments for and against the cable volume your letter. very big and you may have control like Third, at no point did we seek or reach un- discount provision in the committee- no one else has ever had of our enter- derstanding with you or your staff regarding passed bill. Time Warner and Viacom tainment industry, but you cannot any change in the legislation. Any under- have told the Senate they will give dis- control the U.S. Senate. standing Time Warner and HBO have reached counts to the small cable operators, as on this matter has been entirely with our Therefore, I will insist upon a vote private business associates. we had provided for in the bill, if and and I will be against any kind of a Finally, as stated in my letter of June 13, only if, Mr. President—they have not voice vote because I think this is the Time Warner has urged that the Senate re- gotten themselves off the hook as far time to teach some of these larger move Section 204(b) from S. 652 because we as this Senator is concerned—they will companies that enough is enough. are confident that industry negotiations, by agree to these discounts that they ourselves and others could result in a change These large companies are saying to never would have thought of had we the Senate, ‘‘If you do not remove this of business practices that would make Sec- not incorporated this in the bill, and tion 204(b) no longer necessary. Our good provision, we will not give fair prices faith negotiations have borne out this con- they simply say that if and only if the to the small cable operators.’’ They are fidence. I remain pleased to report that HBO Senate removes the volume discount trying to take the U.S. Senate hostage, and NCTC have reached a distribution agree- language for the small cable operators also. If we, the U.S. Senate, do what ment. will they carry out their commitment. Time Warner and Viacom want us to In closing, let me personally apologize for They still have a quid pro quo and it do, this type of contingency is dan- any misunderstanding my letter has caused. is wrong. That is why this Senator last I deeply regret this confusion and remain gerously close to a quid pro quo. It is night objected to any unanimous con- not right and is probably illegal. The available to discuss this matter with any in- sent requests that by voice vote we terested party. As you request, I will distrib- U.S. Senate should not negotiate with ute your letter of today to the very few peo- change the committee’s position. I will hostage takers. ple who received a copy of my letter to you insist on a rollcall vote. There may Mr. President, because of this tactic, of June 13. well be good reasons for the Senate to I insist on a rollcall vote on trying to Sincerely, change that provision that came out of knock out the volume discount provi- TIMOTHY A. BOGGS. the Commerce Committee. Time War- sions. The Senate can work its will but The PRESIDING OFFICER. The Sen- ner has obviously put all kinds of pres- I will stick by the committee’s provi- ator from Nebraska. sure on the small cable operators sions. Mr. EXON. Mr. President, I very around the United States, which they Mr. BYRD. Will the Senator yield? much appreciate the remarks my can do. So now we have a situation, as Mr. EXON. I will be glad to yield to friend and colleague from South Da- I understand it, where the small cable the Senator. kota just made. He has had printed in operators, whom we wanted to protect Mr. BYRD. Mr. President I thank the the RECORD an outrageous letter, an to some degree with regard to insisting Senator for his clear and forceful state- outrageous letter from Time Warner on on some discounts, now have been pres- ment. And I share his views. May I say S 8436 CONGRESSIONAL RECORD — SENATE June 15, 1995 that I am glad he will insist on a vote. Mr. EXON. Mr. President, may I have The PRESIDING OFFICER. Is there If he does not, I will. just one second to thank my friend objection? Without objection, it is so It seems to me—I will have more to from West Virginia for his usually ordered. say later—that the good work, the ef- thoughtful remarks? I appreciate them AMENDMENT NO. 1285 forts, and the many hours and days and very, very much. As one who has pre- The PRESIDING OFFICER. The hour weeks and months that the committee sided over and has put the U.S. Senate of 12:15 p.m. having arrived, there are 2 has devoted to this legislation run the on course, I think his words are well minutes—1 minute per side—for discus- risk now of coming to naught, as far as taken. sion of the amendment and then voting this Senator is concerned. Mr. SIMON. Mr. President, I take 3 will occur on the amendment offered It appears to me that in our efforts minutes of my time on my amendment. by the Senator from South Dakota, to control bigness, bigness is weighing I first want to comment on what Sen- [Mr. PRESSLER] for the Senator from in, and I am not going to be impressed ator BYRD just had to say. I think in Arizona [Mr. MCCAIN]. by bigness or by money or by heavy general we can say there are rare occa- The Senator from South Dakota is lobbying. sions when we take too much time on recognized. I think this also goes to show we a bill. There are too many occasions Mr. PRESSLER. Mr. President, I should not have voted for cloture yes- when we take too little time on a bill, urge my colleagues to vote for the terday. I voted against cloture. This is as far as legislative process. McCain amendment and to vote the a massive bill. It is an important bill. AMENDMENT NO. 1283, AS MODIFIED other amendments down. The argu- I am sure it has a lot of good elements Mr. SIMON. I would like to just ments have been made. So I yield back in it. But here at the last minute, we speak very briefly on an amendment the remainder of my time. I yield back are under pressure now. Cloture has that I have in. The present practice of all time. been invoked. And some kind of an the FCC is to limit radio station own- The PRESIDING OFFICER. The agreement has been entered into to ership by any one entity to 20 AM and question is on agreeing to amendment stack amendments with 2-minute ex- 20 FM stations. The most any one en- No. 1285 offered by the Senator from planations. tity now has is 27 total. The bill, with- South Dakota for the Senator from Ar- I thank the distinguished majority out my amendment, takes the cap off izona. The yeas and nays have been or- leader for including the ‘‘2-minute ex- completely. My amendment says let us dered. The clerk will call the roll. planation’’ in the agreement. I went to put a cap of 50 AM, 50 FM, far more The legislative clerk called the roll. him personally yesterday and asked than we have now by any one entity. It Mr. LOTT. I announce that the Sen- him to do that. If there are going to be is a 150-percent increase. But let us not ator from Utah [Mr. HATCH] is nec- stacked votes, at least we should have move to the day when we have too essarily absent. some explanation. much concentration of the media. I I further announce that, if present But I think this situation should think that is not a healthy thing. and voting, the Senator from Utah [Mr. cure us of stacking votes, great num- One of my colleagues speaking HATCH] would vote ‘‘yea.’’ bers of votes with only a minute or 2 against my amendment says this is The PRESIDING OFFICER. Are there minutes of explanation. This is the what is happening in the newspaper any other Senators in the Chamber de- where debate is business. It is. It is not healthy in the siring to vote? unlimited, unless we invoke cloture or newspaper business. But we do not The result was announced—yeas 98, enter into time agreements. nays 1, as follows: From now on, I am not going to be have any control over that. We do have very congenial with respect to stacking control through Federal licensing of [Rollcall Vote No. 264 Leg.] a large number of votes. But to have a radio stations and television. My YEAS—98 string of stacked votes on a very com- amendment goes further than some Abraham Feingold Lugar plicated bill that I do not understand, people would want. I say let us increase Akaka Feinstein Mack Ashcroft Ford McCain and I am not sure any other Senators that 40 limit now to 100. But let us not let anyone who wants control of the Baucus Frist McConnell will understand what is in this bill by Bennett Glenn Mikulski the time this amendment process is radio stations of this Nation to have Biden Gorton Moseley-Braun Bingaman Graham completed, to call up amendments, and unlimited ability to get those radio Moynihan stations. Bond Gramm Murkowski debate them for only 30 minutes; very Boxer Grams I hope my amendment will be ap- Murray complicated amendments; the kind of Bradley Grassley Nickles proved. Breaux Gregg Nunn amendments that should be offered in Brown Harkin The PRESIDING OFFICER. Who Packwood committee, or, if they are going to be Bryan Hatfield Pell yields time? Bumpers Heflin offered on the floor, there ought to be Pressler Mr. SIMON. Mr. President, if no one Burns Helms adequate debate so that we all know Pryor Byrd Hollings wishes the floor, I question the pres- Reid what we are doing—is going too far, es- Campbell Hutchison ence of a quorum. Robb pecially if the vote on final passage is Chafee Inhofe Rockefeller to occur immediately following the dis- The PRESIDING OFFICER. The Coats Inouye clerk will call the roll. Cochran Jeffords Roth position of the enumerated amend- Santorum The assistant legislative clerk pro- Cohen Johnston ments. Conrad Kassebaum Sarbanes So I thank the Senator for stating ceeded to call the roll. Coverdell Kempthorne Shelby that he will insist on a vote, and I want Mr. PRESSLER. Mr. President, I ask Craig Kennedy Simpson unanimous consent that the order for D’Amato Kerrey Smith to put leadership on notice that in the Daschle Kerry Snowe future this one Senator is going to be a the quorum call be rescinded. DeWine Kohl Specter little more reluctant to enter into time The PRESIDING OFFICER (Mr. Dodd Kyl Stevens agreements on complex matters like KYL). Without objection, it is so or- Dole Lautenberg Thomas dered. Domenici Leahy Thompson this and stack votes, to be followed by Dorgan Levin Thurmond the immediate passage of a bill. There UNANIMOUS-CONSENT AGREEMENT Exon Lieberman Warner seems to be a mindset here that we Mr. PRESSLER. Mr. President, I ask Faircloth Lott Wellstone have to finish any complex bill in 3 unanimous consent that at the hour of NAYS—1 days or 4 days. I am not sure that Sen- 12:15 p.m., the Senate proceed to a vote Simon ators ought to be in such a hurry. on or in relation to the McCain amend- NOT VOTING—1 I am disturbed by the Time Warner ment No. 1285, to be followed by a vote letter. It is disturbing. It may be that on or in relation to the Simon modified Hatch this will be one of the straws that amendment No. 1283, to be followed by So the amendment (No. 1285) was breaks the camel’s back as far as this a vote on or in relation to the agreed to. Senator is concerned in respect of the Lieberman amendment No. 1298, with Mr. PRESSLER. Mr. President, I vote on this bill. the remaining provisions of last night’s move to reconsider the vote, and I I thank the Senator for yielding. consent agreement remaining in place. move to lay that motion on the table. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8437 The motion to lay on the table was Gregg Lugar Shelby that no cable company will be regu- agreed to. Hatfield Mack Simpson lated unless it charges more than the Heflin McCain Smith AMENDMENT NO. 1283, AS MODIFIED Hollings McConnell Snowe average in markets where there is ef- Mr. PRESSLER. Mr. President, I Hutchison Moseley-Braun Specter fective competition. Inhofe Murkowski Stevens This amendment is not perfect, but it move to table the Simon amendment Inouye Nickles Thomas is all that stands between our constitu- and I ask for the yeas and nays. Jeffords Nunn Thompson Kempthorne Packwood The PRESIDING OFFICER. Is there a Thurmond ents and significant cable rate in- Kohl Pressler Warner creases every month for the next sev- sufficient second? There is a sufficient Kyl Roth second. Lott Santorum eral years. The yeas and nays were ordered. I thank the Chair. NAYS—34 Mr. SIMON. Mr. President, par- Mr. PRESSLER. Mr. President, I ask liamentary inquiry. My understanding Akaka Feinstein Moynihan my colleagues to table this amend- Biden Harkin Murray ment. This amendment is undoing the is that before these next two amend- Bingaman Helms Pell ments are voted on, the supporters get Boxer Johnston Pryor leadership package, the Dole-Daschle 1 minute, and the opposition gets 1 Bradley Kennedy Reid package, which we voted on already. Bumpers Kerrey Robb The Dole-Daschle package and the minute to explain. Byrd Kerry Rockefeller committee bill will increase competi- The PRESIDING OFFICER. The Sen- Conrad Lautenberg Sarbanes DeWine Leahy ator is correct. Two minutes are equal- Simon tion and will cause consumer rates on Dodd Levin Wellstone cable to go down as more entrants ly divided. Dorgan Lieberman Mr. SIMON. Mr. President, if I may Feingold Mikulski enter the market. have the attention of my colleagues, I urge that we table this amendment. ANSWERED ‘‘PRESENT’’—1 the present FCC rule says one entity The PRESIDING OFFICER. The can own 20 AM stations and 20 FM sta- Kassebaum question is on agreeing to the motion tions, or a total of 40. Right now, the NOT VOTING—1 of the Senator from South Dakota to maximum owned by any one entity is Hatch lay on the table the amendment of the Senator from Connecticut. The yeas 27. So, the motion to lay on the table and nays have been ordered, and the This bill takes the cap off com- the amendment (No. 1283), as modified, clerk will call the roll. pletely. My amendment says we will was agreed to. The legislative clerk called the roll. put a cap of 50 AM, 50 FM, a 150-percent Mr. PRESSLER. Mr. President, I Mr. MACK (when his name was increase, but do not take the cap off move to reconsider the vote by which called). Present. completely. the motion was agreed to. Mr. LOTT. I announce that the Sen- We should not concentrate media I move to lay that motion on the ator from Utah [Mr. HATCH] is nec- ownership in this country. It is not a table. essarily absent. healthy thing for the future of our The motion to lay on the table was I further announce that, if present country. I hope Members will resist the agreed to. motion to table my amendment. and voting, the Senator from Utah [Mr. AMENDMENT NO. 1298 Mr. PRESSLER. Mr. President, I HATCH] would vote ‘‘yea.’’ Mr. PRESSLER. Mr. President, I The PRESIDING OFFICER. Are there hope my colleagues will table this move to table amendment No. 1298, and amendment. We voted on this last any other Senators in the Chamber I ask for the yeas and nays. who desire to vote? week in the leadership package, the The PRESIDING OFFICER (Mr. Dole - Daschle - Pressler - Hollings The result was announced—yeas 67, ABRAHAM). Is there a sufficient second? nays 31, as follows: package. We voted something like 78 to There is a sufficient second. [Rollcall Vote No. 266 Leg.] 8. This matter has been settled in this The yeas and nays were ordered. bill. It takes apart the leadership pack- The PRESIDING OFFICER. Under YEAS—67 age. I urge everyone to table it. It is the order, there are 2 minutes equally Abraham Faircloth McCain more regulation and I ask we proceed. divided between the proponents and the Akaka Ford McConnell I yield the remainder of my time. Ashcroft Frist Moseley-Braun opponents of the amendment. Baucus Gorton The PRESIDING OFFICER. The Murkowski The Senator from Connecticut. Bennett Gramm Nickles question occurs on the motion to table Mr. LIEBERMAN. I thank the Chair. Bond Grams Nunn Breaux Grassley amendment No. 1283 offered by the Sen- I rise to speak against the motion to Packwood Brown Gregg Pressler ator from Illinois [Mr. SIMON]. The Bryan Harkin table. I ask my colleagues to listen for Reid yeas and nays have been ordered. Burns Hatfield these 60 seconds. Robb Campbell Heflin The clerk will call the roll. I usually do not make predictions on Roth The bill clerk called the roll. Chafee Hollings the floor of the Senate. But based on Coats Hutchison Santorum Mrs. KASSEBAUM (when her name my experience in cable consumer pro- Cochran Inhofe Shelby Smith was called). Present. tection for more than a decade, I will Cohen Inouye Mr. LOTT. I announce that the Sen- Coverdell Jeffords Snowe predict to my colleagues that, if this Craig Kassebaum Specter ATCH ator from Utah [Mr. H ] is nec- bill passes unamended, most American D’Amato Kempthorne Stevens essarily absent. cable consumers will see significant Daschle Kerrey Thomas I further announce that, if present rate increases in the next couple of DeWine Kerry Thompson and voting, the Senator from Utah [Mr. Dole Kyl Thurmond years. These rate increases are not nec- Domenici Lott Warner HATCH] would vote ‘‘yea.’’ essary. In 1984, Congress removed regu- Dorgan Lugar The PRESIDING OFFICER. Are there lation from cable consumers. It was a NAYS—31 any other Senators in the Chamber disaster. Rates skyrocketed. who desire to vote? Biden Glenn Moynihan In 1992, on a bipartisan basis, we Bingaman Graham Murray The result was announced—yeas 64, came back and put in reasonable Boxer Helms Pell nays 34, as follows: consumer protections, and they have Bradley Johnston Pryor Bumpers Kennedy [Rollcall Vote No. 265 Leg.] worked brilliantly. Rates are down 11 Rockefeller Byrd Kohl Sarbanes YEAS—64 percent, and the cable companies are Conrad Lautenberg Simon Abraham Chafee Exon thriving, with the highest profit mar- Dodd Leahy Simpson Exon Levin Ashcroft Coats Faircloth gins in the telecommunications indus- Wellstone Baucus Cochran Ford Feingold Lieberman Bennett Cohen Frist try, and with a great ability to con- Feinstein Mikulski tinue to raise capital. There is no rea- Bond Coverdell Glenn ANSWERED ‘‘PRESENT’’—1 Breaux Craig Gorton son to remove the protections that Brown D’Amato Graham cable consumers have in this bill. Mack Bryan Daschle Gramm Burns Dole Grams My amendment simply restores a NOT VOTING—1 Campbell Domenici Grassley standard of the marketplace saying Hatch S 8438 CONGRESSIONAL RECORD — SENATE June 15, 1995 So the motion to lay on the table the matter be discussed and, hopefully, we The PRESIDING OFFICER. Without amendment (No. 1298) was agreed to. will be able to convince our colleagues objection, it is so ordered. Mr. HOLLINGS. Mr. President, I in the House and the Senate to adopt AMENDMENT NO. 1367 move to reconsider the vote by which it. Mr. HEFLIN. Mr. President, I believe the motion was agreed to. So, reluctantly but I believe nec- this has been cleared by both sides. Mr. STEVENS. I move to lay that essarily, I will concur with the action This deals with amendment 1367, which motion on the table. that is about to take place. I previously sent to the desk. The motion to lay on the table was Mr. PRESSLER addressed the Chair. This deals primarily with a rule, in agreed to. The PRESIDING OFFICER. The Sen- urban areas, where there is a small Mr. STEVENS addressed the Chair. ator from South Dakota. town that has a limited number within The PRESIDING OFFICER. The Sen- Mr. PRESSLER. Mr. President, I the incorporated area or the urbanized ator from Alaska. want to pay tribute to the two Sen- area, and has a high percentage of cus- AMENDMENT NO. 1303 ators from Alaska and Hawaii. They tomers in rural areas. Mr. STEVENS. Mr. President, the are two giants of the Senate and giants It is a unique situation in regard to next item to be taken up is my amend- in our committee. They will both be cable systems that have gone out be- ment No. 1303, which I have offered conferees. They have provided enor- yond the incorporated limits, and they along with my good friends, the Sen- mous leadership. have sold to customers there. That is a We just feel, at this time, that we ator from Hawaii, Senator INOUYE, and pretty expensive type of thing. the Senator from New York, Senator have carefully crafted an agreement, When they go out, there is not the D’AMATO. and the checklist, and so forth, might density on the lines that you have in This amendment would clarify the come apart. So we have decided to the city. In rural areas, you might resale provisions of section 255 by re- delay this discussion until conference. have one customer per mile, and in the quiring the Bell companies to make re- I want to pay tribute to both of them cities you may have 1,200 customers to sale service available at prices reflect- being willing to help move this bill for- a mile, or 1,000 customers to a mile. ing the actual cost of providing those ward. I thank them very much. This sort of takes care of a situation services or functions to another car- Mr. DOLE. Let me concur in the for rural areas. It affects those where I rier. statement made by the manager. This believe there are no more than 20,000 The amendment seeks to carry out is a controversial area. I think the subscribers, and a high percentage is in and really clarify the delicate balance managers have indicated they are both urban areas. I move the adoption of of the bill. It really is just that, an going to be conferees. It will be consid- this amendment. amendment to clarify the relationship ered at that time, and it is within the Cable systems with less than 20,000 of sections 251 and 255. I do believe, scope of the conference. There is a dis- subscribers are extremely concerned however, that we have developed a sit- agreement, but this may help solve it. that they will be unable to compete uation where there is a misunderstand- I thank my colleagues. with the telephone companies once Mr. STEVENS. Mr. President, I ask ing about the actual terms of my they enter the cable business, a very unanimous consent that we may with- amendment. legitimate concern. Because of the draw amendment 1303. I might state that when I offered it, very real possibility that they will be The PRESIDING OFFICER. Without I thought it was an amendment that run over by their local telephone com- objection, it is so ordered. had support. I offered it along with a So the amendment (No. 1303) was pany if the only option is to compete series of other amendments. As the withdrawn. head-to-head, small cable systems Senate realizes, all of those amend- would like to have the option to form AMENDMENT NO. 1292 ments have been accepted by agree- The PRESIDING OFFICER. The a joint venture with their local tele- ment. There has been no dissension pending question is amendment No. phone company or to be acquired by concerning them. 1292, offered by the Senator from West their local telephone company. I feel it essential this amendment The bill as it is currently written Virginia [Mr. ROCKEFELLER]. have further study in order that it will Mr. HOLLINGS. On behalf of the dis- would disallow small cable systems in maintain the delicate balance that this tinguished Senator from West Virginia, urbanized areas to form joint ventures bill requires. I will be a conferee on or to be acquired by their local tele- Senator ROCKEFELLER, I ask unani- this bill, and it is my intention to mous consent that the amendment be phone company. Due to the broad defi- make certain that this subject is called withdrawn. nition of an urbanized area, many up in the conference. The PRESIDING OFFICER. Without small cable systems serving very rural Any amendment clarifying these two objection, it is so ordered. areas will be ineligible to form a joint provisions would be within the scope of So the amendment (No. 1292) was venture or to be acquired by their local the conference, in my opinion, and it is withdrawn. telephone company because they tech- my intention to ask that this amend- AMENDMENT NO. 1341 nically fall within the definition of an ment be withdrawn at this time. The PRESIDING OFFICER. The urbanized area. I want my friend from Hawaii to have pending question now is amendment My amendment would allow cable a chance to make a comment about No. 1341, offered by the Senator from systems in an urbanized area that this before I do, however, because I serve a significant number of subscrib- South Dakota, Senator PRESSLER, for want to make sure everyone under- the majority leader. ers in nonurbanized areas to be eligible stands that we are not abandoning this Mr. HOLLINGS. Mr. President, I sug- to participate in joint ventures or to be subject, we are going to postpone it to gest the absence of a quorum. acquired. the conference in the hope that we will The PRESIDING OFFICER. The These small cable operators serving a be able to work out an amendment clerk will call the roll. significant number of rural subscribers there which will have the same success The bill clerk proceeded to call the but who are swept into the urbanized as the other amendments we have roll. area definition should be given the op- worked on so long, which have been Mr. PRESSLER. Mr. President, I ask tion of forming joint ventures or of adopted by unanimous consent. unanimous consent that the order for selling to their local telephone com- I yield to my friend from Hawaii. the quorum call be rescinded. pany. Without these options, S. 652 Mr. INOUYE addressed the Chair. The PRESIDING OFFICER. Without could well force many of them out of The PRESIDING OFFICER. The Sen- objection, it is so ordered. business. ator from Hawaii. Mr. PRESSLER. Mr. President, I Mr. PRESSLER. Mr. President, I Mr. INOUYE. Mr. President, I wish to hope we can turn now to the Heflin want to commend the Senator from join my colleague from Alaska in as- amendment. Alabama. I know he is leaving the Sen- suring all those who support the meas- Mr. HOLLINGS. Mr. President, I ask ate next year. We will miss him. ure that it is not our intention to let it unanimous consent that the pending This is a good amendment. We agree die at this stage. We will most cer- Dole amendment be set aside so we can to it. I think it will help smaller cities tainly, as conferees, insist that this bring up the Heflin amendment. in rural areas. We are prepared to pass June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8439 the amendment. I move we adopt the National Cable Television Cooperative. Washington, DC, June 14, 1995. amendment. I congratulate my friend. Let me quote a part of that. Hon. ROBERT DOLE, The PRESIDING OFFICER. The We are pleased to report that the National Hart Senate Office Building, Washington, DC. DEAR SENATOR DOLE: I am writing on be- question is on agreeing to the amend- Cable Television Cooperative has reached half of Discovery Communications, Black agreements with Time Warner’s Home Box ment. Entertainment Television and Turner Broad- Office Unit, Showtime Network, Inc.’s The amendment (No. 1367) was agreed casting System, Inc., to support your motion Showtime and the Movie Channel Services, to. to strike section 204(b) of S. 652, the ‘‘Tele- and Viacom’s MTV Network Services. . . . Mr. HEFLIN. I move to reconsider communications Competition and Deregula- As a result of this important change in cir- the vote. tion Act of 1995.’’ cumstances, we no longer believe that the Section 204(b) would remove the words ‘‘le- Mr. PRESSLER. I move to lay that changes to the program access provisions of motion on the table. gitimate economic benefits’’ from current the Cable Act proposed in Sec. 204(b) of S. 652 law, thereby outlawing the volume discounts The motion to lay on the table was are necessary, and we can accept the re- agreed to. charged by certain programmers (those with moval of those provisions from the bill. 5% co-ownership with cable systems) even Mr. PRESSLER. Mr. President, I sug- I know the Senator from Nebraska where the volume discounts are economi- gest the absence of a quorum. brought in a lot of material on Time cally justified. The PRESIDING OFFICER. The Warner. I do not have anything to do Although described as a ‘‘small cable oper- clerk will call the roll. with that. I do not know anything ator’’ amendment, section 204(b) would effec- The assistant legislative clerk pro- about Time Warner. I mentioned their tively entitle every cable operator to the ceeded to call the roll. prices charged to the largest cable operator, name myself a couple of weeks ago in working substantial economic harm to the Mr. DOLE. Mr. President, I ask unan- Hollywood. So I do not have a dog in imous consent that the order for the affected networks. Moreover, since section that fight. I do not understand what it 204(b) applies only to some and not all pro- quorum call be rescinded. is all about. The PRESIDING OFFICER. Without grammers, it would have a very unfair com- All I am doing is striking out a sec- petitive impact. objection, it is so ordered. tion that is no longer necessary, and it We deeply appreciate your efforts to cor- Mr. DOLE. Mr. President, I think one is supported, as I said, by Discovery rect this problem with the bill. of the remaining two amendments is Channel, Black Entertainment Tele- Sincerely, the amendment of the Senator from BERTRAM W. CARP, vision, Turner Broadcasting, National Vice President, Government Affairs. Kansas. Cable Television Cooperative. The PRESIDING OFFICER. That is I will yield the remainder of my Mr. DOLE. Mr. President, I ask for correct. That is the pending question. time. There may be time in opposition. the yeas and nays. AMENDMENT NO. 1341 Mr. President, I ask unanimous con- The PRESIDING OFFICER. Is there a Mr. DOLE. Mr. President, let me sent the two letters be printed in the sufficient second? There is a sufficient second. state very simply the purpose of this RECORD. The yeas and nays were ordered. amendment. I do not know anything There being no objection, the letters The PRESIDING OFFICER. The Sen- about all the Time Warner material. It were ordered to be printed in the has nothing to do with this amend- ator from South Carolina. RECORD, as follows: Mr. HOLLINGS. Mr. President, I sug- ment. I heard the Senator from Ne- NATIONAL CABLE TELEVISION gest the absence of a quorum. braska. I thought we would be able to COOPERATIVE, INC., The PRESIDING OFFICER. The accept this amendment, but I under- Lenexa, KS, June 15, 1995. clerk will call the roll. stand he has a problem with it. Hon. LARRY PRESSLER, The assistant legislative clerk pro- As I understand it, not being a mem- U.S. Senate, Chairman, Committee on Com- merce, Science and Transportation, Wash- ceeded to call the roll. ber of the committee, the current bill Mr. HOLLINGS. Mr. President, I ask is tantamount to Government price- ington, DC. DEAR CHAIRMAN PRESSLER: We are pleased unanimous consent that the order for setting in the programming market. to report that the National Cable Television the quorum call be rescinded. The language in the bill would remove Cooperative has reached agreements with The PRESIDING OFFICER. Without programmers from taking advantage of Time Warner’s Home Box Office Unit, objection, it is so ordered. universally accepted marketing prac- Showtime Network, Inc.’s Showtime and the Mr. HOLLINGS. Mr. President, I tices such as volume discounts. Movie Channel Services, and Viacom’s MTV thought the time was limited. I under- It seems to me all I am doing is to Network Services (MTV, VH1, and Nickel- stand the time is not limited on this strike out this section. It strikes a pro- odeon). As a result of this important change amendment. vision of the bill that would have the in circumstances, we no longer believe that the changes to the program access provisions I would simply say, with respect to effect of regulating the prices paid by of the Cable Act proposed in Sec. 204(b) of S. the merits, that programmers give big small cable TV companies for program- 652 are necessary, and we can accept the re- cable operators the volume discounts ming. And the intent of the provision moval of those provisions from the bill. and not to the small cable operators. was to crack down on those program- As you know, other conflicts remain. De- So, in trying to provide for that uni- mers who were gouging small opera- spite repeated attempts by the Cooperative, versal service and to make sure that it tors. But, unfortunately, it also im- we have failed to conclude master affiliate is extended, particularly to the high- agreements with many non-vertically-inte- cost and rural areas, the provision in pacts on good programmers who did grated networks which are exempt from ex- not engage in the price-gouging effort. isting law. the bill is that the small cable opera- Finally, small cable TV companies For example, we were recently notified by tors get the similar discounts. have now negotiated good contracts. I Group W of their intent not to renew our With the Dole amendment, that have a letter from the National Cable long-standing contract for Country Music would be removed. There would be Television Cooperative, Inc., and also a Television. (Originally negotiated by NCTC high-volume discounts to the big cities, letter from Turner Broadcasting, which with CMT’s former owners in 1989, prior to let us say, and higher costs thereby and suggests that Discovery Communica- CMT’s purchase by Group W/Gaylord). Group a diminution of universal service to the W has also steadfastly refused to conclude a rural areas of America. tions, Black Entertainment Television, contract with us for The Nashville Network. and Turner Broadcasting support my The most difficult of many other examples So, this side would oppose the motion to strike section 204(b). They we could cite would be that of ESPN. amendment on the merit itself. There set forth the reasons: Please accept our deepest appreciation for is some question in this Senator’s Although described as a ‘‘small cable oper- lending your support and good offices to mind, without seeing anything further, ator’’ amendment, section 204(b) would effec- bringing about a resolution of this matter on how this amendment came to the tively entitle every cable operator to the which we believe is mutually beneficial to floor. With that in mind, let me yield price charged to the largest cable opera- all parties. to my colleagues who have come. tor. . . . Sincerely, I understand the distinguished Sen- Which was never the intent. So we MICHAEL L. PANDZIK, President. ator from Iowa wants to talk as in were just going to take it out. They morning business while we are waiting. have now negotiated good contracts. TURNER BROADCASTING SYSTEM, Mr. PRESSLER. Mr. President, could I also include the letter from Turner INC., WASHINGTON CORPORATE OF- I just make a statement on the pro- Broadcasting and the letter from the FICE, gram access issue? S 8440 CONGRESSIONAL RECORD — SENATE June 15, 1995 The PRESIDING OFFICER. The Sen- amendment No. 1341, offered by the supports it very strongly. I have a let- ator from South Dakota. Senator from South Dakota for the ter from them. I cited this earlier. Mr. PRESSLER. Mr. President, I rise majority leader. We are pleased to report that the National in strong support of the Dole amend- Mr. EXON. I thank the Chair. This is Cable Television Cooperative has reached ment. Coming from a rural, small-city the amendment I had discussed earlier agreements with Time Warner’s Home Box State, I have long been concerned with in the day. As I understand it, the Sen- Office Unit, Showtime Network, Inc.’s program access. In fact, in the 1992 ator from South Dakota is recommend- Showtime and the Movie Channel Services, cable bill, my main reason for support- and Viacom’s MTV Network Services (MTV, ing and has introduced this amendment VH1, and Nickelodeon). As a result of this ing it was not the pricing side so much for the majority leader, notwithstand- important change in circumstances, we no as the program access side. It is a con- ing the discussions that we had earlier longer believe that the changes to the pro- troversial thing, but I think the pric- in the day on this specific matter? gram access provisions of the Cable Act pro- ing side of it was a mistake but the Mr. PRESSLER. I am sorry, would posed in Sec. 204(b) of S. 652 are necessary, program access side was a necessary my friend—— and we can accept the removal of those pro- thing. Mr. EXON. I simply say I want to un- visions from the bill. To understand this amendment, or derstand what is being proposed. Do I As you know, other conflicts remain. De- spite repeated attempts by the Cooperative, this issue, remember that program ac- understand the Senator from South we have failed to conclude master affiliate cess is not something that everybody Dakota is offering the amendment for agreements with many non-vertically-inte- has. I remember one of our REA’s, the majority leader? grated networks which are exempt from ex- which transmit TV signals by micro- Mr. PRESSLER. The majority leader isting law. wave, wanted to get ESPN on their offered it for himself and spoke for it. For example, we were recently notified by channel and they could not even get Mr. EXON. Now you are calling it up Group W of their intent not to renew our ESPN to return a phone call because for a vote, is that correct? long-standing contract for Country Music they were too small. So there was a Mr. PRESSLER. Yes, if the Senator Television. (Originally negotiated by NCTC from Nebraska wishes. with CMT’s former owners in 1989, prior to need for program access. And this CMT’s purchase by Group W/Gaylord). Group amendment is continuing in that tradi- Mr. EXON. No, it is fine to have the W has also steadfastly refused to conclude a tion. So this is a subject that all of us vote. I am not going to object to that. contract with us for The Nashville Network. have worked on for years. There is no way I can object to a vote. The most difficult of many other examples The program access portions, I think, I would simply say to my friend from we could cite would be that of ESPN. of that act have worked at least to help South Dakota, is he, as the leader of So, in any event, I think we are all the smaller cities and to help the rural the bill, recommending that the Senate aware of these problems. I support the areas where they transmitted by vote for the Dole amendment? substance of the amendment. I disagree microwave from one farm to the next Mr. PRESSLER. Yes, I am. I have a with the way Time Warner dealt with where it is too expensive for cable lines long tradition of support for program that particular letter. I wrote them a to run. Nobody will sell those people access. I voted for the 1992 cable bill strong letter back, and they wrote me programming because it is not worth it mainly because of program access is- a letter stating my letter was abso- financially. There are myriad interests sues. Yes, I am recommending that. lutely accurate, and they apologized. concerned with this issue. I know the Mr. EXON. I would simply say, I Mr. EXON. Just so that I understand Black Entertainment Network has en- think the Senator from South Dakota this, I would like to have my colleague dorsed this amendment for the same knows this Senator came to the de- from South Dakota explain a little bit reason, that they are very much in fense of my friend and colleague from more. As I understand it, Time Warner need of program access. South Dakota earlier because of what I and all these other good folks that con- There has been much discussion over thought was terrible precedent setting trol massive sections of our entertain- the program access provisions con- with regard to the letters that had ment industry were not treating the tained in S. 652. From the beginning of been distributed, apologies given on small cable owners in South Dakota this process, I wanted to deal with the this whole matter. and elsewhere fairly, in the opinion of problem which many small operators Notwithstanding the serious objec- the Senator from South Dakota and have faced in being charged higher tion that the Senator from South Da- the Senator from Nebraska and the rates for programming. S. 652’s pro- kota, I thought, had with regard to the Senator from South Carolina, the gram access provision is important to lobbying activities that took part on ranking Democrat on the Commerce small cable operators, especially those this, notwithstanding that, am I to un- Committee. in South Dakota. Program providers derstand the Senator from South Da- Therefore, we wrote into the tele- strongly object to this provision. I sug- kota is still going to support the meas- communications bill that was reported gested to the program providers that ure? out of committee language that would they work with the small cable opera- Mr. PRESSLER. Yes. I have stated have required Time Warner and all tors to seek an industry agreement my views in my letter. But the under- these other good folks, who were very which could make a legislated solution lying substance of this amendment I much concerned about the public inter- unnecessary. The president of the Na- support. est and public access, and not inter- tional Cable Television Cooperative, Mr. EXON. Is the Senator saying that ested in making money—we wrote that Michael Pandzik, the organization that while he objects to the way this matter in there to try to force them to treat purchases programming on behalf of has been handled, the end result, in his the subscribers to cable in South Da- the small cable operators, wrote to me opinion, is that it is good for rural kota and elsewhere fairly. that the cooperative has reached agree- areas with regard to receiving tele- Is that accurate? Is that an accurate ment on the small cable rates on pro- vision material? reflection of what I thought we did in grams from the major vertically inte- Mr. PRESSLER. Yes. I gave an exam- committee? grated entertainment companies. As a ple when the Senator was not here of Mr. PRESSLER. I believe that the result, I support the amendment by some of my rural telephone co-ops hav- legislative process here, as it moves Senator DOLE to strike the program ac- ing difficulty getting ESPN. We had to forward, is trying to be fair, and dif- cess language change in S. 652. get the Vice President out there. My ferent Senators have different points of The PRESIDING OFFICER. The reason for supporting the 1992 Cable view. Senator DOLE has brought his question is on the amendment. Act was program access. The substance amendment forth and has spoken on it, Mr. EXON addressed the Chair. of the amendment is good for the coun- having made the arguments for it. I The PRESIDING OFFICER. The Sen- try, I believe. It is very much in keep- think the Senator’s comments are ator from Nebraska. ing with that. most welcome. Mr. EXON. Will the Chair advise the I wrote a letter back to Time Warner I have a long record of fighting hard Senator from Nebraska what is the regarding that matter and have placed for program access. The Black Enter- pending matter before the Senate? it in the CONGRESSIONAL RECORD. They tainment Network has endorsed this ef- The PRESIDING OFFICER. The wrote me a letter back. The National fort by Senator DOLE. I think it is a pending matter before the Senate is Cable Television Cooperative group very good effort. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8441 Mr. EXON. Is it fair to assume that, processes and workings, of the U.S. VIACOM, INC., in the opinion of the Senator from Senate, then I think it would be en- New York, NY, June 13, 1995. South Dakota, Time Warner and all tirely proper to vote for the Dole Hon. LARRY PRESSLER, these good folks would not have made amendment. U.S. Senate, Senate Russell Office Building, Washington, DC. this arrangement at this very late hour On the other hand, if you feel as I do DEAR MR. CHAIRMAN: As you know, at your had it not been for the actions that we that this is kind of a blot on the U.S. request, Showtime Networks Inc., a cable in the Commerce Committee took to Senate, and that if we vote for the Dole programming division of Viacom, has been address some things that were going on amendment we are just going to be negotiating in good faith with the National Cable Television Cooperative (NCTC) to with regard to the way Time Warner saying to Time Warner and others to and others treated rural areas? Is it reach an agreement regarding carriage of its come in with your strong-arm lobby- cable programming services. safe to assume, in the opinion of the ing, come in with your accusations in We are pleased to report that we have Senator from South Dakota, that this the form of letters about Senator reached an agreement between NCTC and grand compromise at the last minute PRESSLER and others, but we are all Showtime for carriage of our premium cable would not have been reached had we going to have one happy ending here services. NCTC also requested, just recently, not taken the action that we did in the now, because we have gotten together that MTV Networks (MTVN) begin discus- Commerce Committee on the tele- sions over the basic cable services. Accord- in a grand compromise and, therefore, ingly, MTVN has been negotiating in good communications bill? this is a good for everyone. Mr. PRESSLER. It is hard to say. faith with NCTC over carriage of the basic cable services. We are committed to continu- But let me say that I have for years The fact that Time Warner, in my opinion, has taken hostages through ing to negotiate and hope to reach an MTVN fought hard for program access for agreement in the near future. smaller cable people, for our rural peo- the small cable operators that you in We ask for your support in ensuring the ple, and there is an understanding with South Dakota and myself in Nebraska, adoption of an amendment deleting the vol- the president of South Dakota East and my colleague from Nebraska, Sen- ume discount language in S. 652, as pre- River Electric. We could not get ESPN ator KERREY, have tried to protect, it viously agreed. Thank you for your assist- even to return our calls. Finally, we seems to me that we in the Senate, if ance in this matter. called the head personnel up in New we adopt this amendment, are winking Sincerely, and saying: You should not have done MARK M. WEINSTEIN, York and they sent a person out, and Senior Vice President. ultimately Time Warner may be re- that, but you are going to get what you want in the end anyway. Mr. HOLLINGS. I will read that to sponding to that. make certain that my comments are The point is that there is a constant I urge rejection of the Dole amend- right to the point. This is to Chairman battle, trying to balance between price ment. PRESSLER. and program access. The same thing Mr. HOLLINGS. Mr. President, let Dear Mr. Chairman: As you know, at your happened when Hubbard put up his sat- me join in the sentiment of the Sen- request, Showtime Networks, a cable pro- ellite, DBS. He had a hard time getting ator from Nebraska. And to elaborate gramming division of Viacom, has been ne- program access. on my previous remark, I just quietly gotiating in good faith with the National All of us on the Commerce Commit- said it disturbed me—the process by Cable Television Cooperative to reach an tee, including the Senator from Ne- agreement regarding carriage of its cable which this particular amendment has braska, I am sure, and others, worked programming services. reached consideration in the U.S. Sen- on this. That is a key part. Program We are pleased to report that we have ate. I figured, as the expression was access is a key part of this whole busi- reached an agreement between NCTC and used earlier, that I did not have a dog Showtime for carriage of our premium cable ness. That is what we are working on. services. NCTC also requested just recently Mr. EXON. So the Senator from in the fight because I had been shown a letter to the Honorable LARRY PRES- MTV Networks, MTVN, begin discussions South Dakota cannot confirm my sus- over the basic cable services. Accordingly, SLER, the chairman, dated June 13, picion that the grand compromise MTVN has been negotiating in good faith being offered by the Dole amendment which has already been included in the with NCTC over carriage of the basic cable would not likely have taken place had RECORD. services. We are committed to continuing to we not acted in the committee. I will let my previous remarks be suf- negotiate and hope to reach an MTVN agree- Mr. PRESSLER. The Senator from ficient except that now I am shown an- ment in the near future. We ask for your support in ensuring the Nebraska will have to reach his conclu- other letter that is signed by Timothy adoption of an amendment deleting the vol- sions. Obviously, he has reached some. Boggs, talking of the agreement. That ume discount language in S. 652 as pre- If an intraindustry solution can be letter, being dated June 13, says: viously agreed. Thank you for your assist- reached, a legislative mandate is not ance in this matter. As you requested, the attached signature necessary. The NCTC has negotiated page confirms that Home Box Office has Now, it is incumbent on me, Mr. for small cable, and those reached an agreement with the National President, and my dear colleagues of intraindustry negotiations will un- Cable Television Cooperative, Inc. for HBO the Senate, I can tell you here and now doubtedly continue. programming. As discussed with you and ‘‘as previously agreed,’’ by Mark M. We can reserve the opportunity to re- your staff, this agreement is entirely contin- Weinstein—he signs the letter—I can store this language if the programmers gent on the removal of the program access tell you I do not know the gentleman. of small cable cannot reach an accom- provisions at Section 204(b) of S. 652, prior to Senate action on the legislation. I have never seen and have never spo- modation in conference. My friend ken with him. And I have checked with from Nebraska will no doubt be in that Without the removal of this provision from my staff, and we have not had this let- conference. So we welcome him. the bill, the HBO distribution agreement with NCTC would be void. ter or anything else, have we? Mr. EXON. I simply say that I will It could be that this has been faxed. not take any more time on this. There I had nothing to do with it, and noth- We are searching the records now be- will be others who may want to speak ing was addressed to me. I have now cause we have been in the Chamber for on it. sent the staff to look, because these a week. I happen to think this whole propo- things surface. Mr. PRESSLER. If my good friend sition is a pretty sorry mess. It seems will yield for a minute. to me that if we approve the Dole I have been given another letter, Mr. HOLLINGS. Yes. amendment, which Time Warner and dated June 13, 1995, signed by Mr. Mark Mr. PRESSLER. As my friend knows, others would like to have, we would M. Weinstein, with a copy to Senator when I discovered that same language simply be saying, regardless of your BOB DOLE and Senator ERNEST F. HOL- in the Time Warner letter, I requested improper activities, regardless of the LINGS. I ask unanimous consent that immediately a correction. I wrote a letters that you wrote within the last the letter in its entirety be printed in two-page letter, and they sent me not few days, which I thought was unfair to the RECORD. only a correction but an apology. I the Senator from South Dakota and There being no objection, the letter think I can obtain the same thing from others, and certainly unfair to the was ordered to be printed in the these folks very quickly, because that processes and workings, legitimate RECORD, as follows: is not true. S 8442 CONGRESSIONAL RECORD — SENATE June 15, 1995 Mr. HOLLINGS. I understand so. The agreements and private negotiations Mr. EXON. No, I am not opposed to distinguished chairman is absolutely are underway, have been underway, something being worked out privately correct. And I think his letters have and that is something that goes on in at all, except that I am opposed to the been made a part of the RECORD show- our country. concept that nothing privately is ing that he had nothing to do with it. Let me say that I shall seek correc- worked out until the last minute when The inference is not by the Senator tions on these other letters, just as I changes are made, which leads me to from South Carolina that the Senator have received a strong correction from my next question. from South Dakota was in any way en- the first one. It seems to me that what we are see- gaged in this kind of shenanigan. I can Let me say that if these private ne- ing is that Viacom and Time Warner, tell you here and now the Senate is gotiations break down or do not work— and all those other public-minded going to operate not only with the cor- we are now in a situation where Black folks, are now at the last minute offer- rection but with the appearance of cor- Entertainment Network, the small ing to have private negotiations with rect conduct here. companies, and so forth, are endorsing some of the smaller cable operators I just did not want this to pass. I these private negotiations. And cer- that they were not willing to do pre- would have hoped that this amendment tainly I prefer private negotiations to viously. would have not been pursued on the Government activity, and that has Let me phrase the question this way: basis of its merits, and I hope it will be been something that has been a corner- Why would it not be wise to leave the defeated on the basis of the process so stone. But I have long been a champion amendment as it came out of commit- that everyone knows you cannot deal of program access for smaller cable tee in place and not adopt the Dole this way and get your amendments owners, for REA’s, and I will continue amendment? Am I to understand that passed. I just think this reflects on the to be so. unless we adopt the Dole amendment Senate. I agree with the Senator from Also, it is my general observation— under the pressure and under the unsa- Nebraska. And since my name is on the by the way, I did not make any re- vory acts that I think have taken place Weinstein letter and the first I have quests here of anybody, and we are sort in the last few days, that unless we can seen it is here this morning, I wanted of arguing on two levels here because I accept the Dole amendment that nego- to make that record absolutely clear. I agree with the Senator from Nebraska tiations will break down? hope we kill the amendment. that the letter sent me was incorrect. I Mr. PRESSLER. I think the Senator Mr. EXON. Will the Senator yield for requested that it be corrected, and it from Nebraska is tying things together a question? was instantly. here more than I would, in the sense Mr. EXON. What I am trying to get Mr. HOLLINGS. I will be glad to that if one group of lobbyists behaves at, though, Mr. President, it obviously yield for a question. in a certain way, that does not mean Mr. EXON. I would like to ask the is the Senator’s feeling—— that the underlying substance is managers of the bill, both my friend Mr. PRESSLER. If I may conclude, if changed. from South Carolina and my friend my friend will yield. It is my strong feeling, and I have from South Dakota, about exactly Mr. EXON. I am sorry. been on this same subject for years, what we are doing here. Mr. PRESSLER. Basically, I would As I understood the Senator from prefer that these problems be settled in that program access is a very impor- South Dakota, the chairman of the private negotiations as opposed to tant thing. Sometimes it is negotiated committee, he said that if we accept being legislated by this Senate all the privately. For example, we have ESPN the Dole amendment, it will fix or cure time. But if they cannot be solved, we involved privately, without a law. I al- the problem that we have with regard have the conference coming up. There ways prefer to do something in the free to availability for small cable opera- are additional opportunities. I think at enterprise system privately than with tors to get certain types of program the moment the materials read by Sen- a Government law, with a Government from the likes of those good folks, ator DOLE and myself here indicate regulation. That is what we are talking Time Warner and Viacom. Is that very clearly that there are various about. right? small companies ranging from the Na- I do not know what more to say to Mr. HOLLINGS. No. If you are asking tional Cable Television Cooperative on- the Senator from Nebraska, except this Senator a question, I can tell you ward that are supporting Senator that I feel that the Dole amendment is my judgment. If this change on the DOLE’s efforts. a very positive thing. amendment is adopted, then the rates That is where we stand presently. Mr. EXON. Just let me add, I could are bound to go up. The bill provides Mr. EXON. Could I rephrase my ques- not disagree more with my friend and very properly that small and rural tion? I took it from the statements colleague from South Dakota. I happen cable television operators get the vol- that the Senator from South Dakota to feel that we have a gun to our heads ume discount. just made that he is recommending we and probably a gun to the heads of the Now, what they want to say is, no, accept the Dole amendment because he small cable operators, where all those that is going to be stricken, and they believes, with the private negotiations good folks I mentioned before, Viacom are not going to get these volume dis- that are going on, the Dole amendment and those other public-minded non- counts. Obviously, the price is going up would satisfy or solve the situation as profit operations, have a gun to the on these small entities, and that is of now, and that is why he has sup- heads of the small cable operators and, going to destroy the universal service ported the Dole amendment. Is that a as part of that, they are taking the theme of our particular S. 652. fair interpretation of what the Senator United States hostage. Mr. EXON. I would like to ask a from South Dakota is saying? It seems to me—— reply to my question from the Senator Mr. PRESSLER. No, the Senator Mr. PRESSLER. If the—— from South Dakota. from South Dakota has his own reasons Mr. EXON. I have the floor. It seems Did I understand the Senator from for supporting the Dole amendment. I to me it would be much better to leave South Dakota to correctly say that if am supporting the Dole amendment be- the measure as it is in hand and let we pass the Dole amendment, it is the cause we have private agreements that them continue their negotiations. I understanding of the Senator from are working these problems out, be- point out again that I think anyone South Dakota that we would fix or re- cause the small cable companies and who understands the process knows we pair the essential problem that the many other entities such as Black En- would not have had the Dole amend- Senator from South Dakota has recog- tertainment Network, have supported ment had we not had action taken by nized is an important player in includ- that concept, that is, as of this time. the Senator from South Dakota, my- ing some protection for small cable op- If problems arise, if the private par- self and others that forced their hand. erators in the measure that has passed ties cannot work it out, then the Gov- It seems to me that we have forced out of his committee? Is the Senator ernment should get involved. This is their hand to try and give the small saying he thinks that is repaired or my opinion. cable operators a decent chance. Now fixed with the Dole amendment? I ask my friend from Nebraska, is he they are coming to us saying, ‘‘We will Mr. PRESSLER. Let me say that I opposed to these things being worked give them the decent chance, maybe, if think we should recognize that private out privately? you don’t pass the law.’’ I think that is June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8443 putting the cart before the horse, but I consumer. Thus, the time for rewriting nizations from many of the detrimen- have nothing further to say on the the people’s law is long overdue. tal liabilities of being an individual, matter at this time. However, Mr. President, technology such as conscience and public respon- Mr. PRESSLER addressed the Chair. does not have a vote, people do, and the sibility. The PRESIDING OFFICER (Mr. American people have a love-hate rela- Public corporations provide first for GRAMS). The Senator from South Da- tionship with technology. They love it shareowners and investors. If the ana- kota. when it entertains or amuses, but they lysts say that a CEO did the right Mr. PRESSLER. Mr. President, I hate it when amusement turns violent, thing by laying off 10,000 employees have the highest regard for my friend pornographic or threatening. with no severance pay, health care, or from Nebraska, and I have said so on They love it when they have the retirement, then a CEO would be this floor many times. He is a giant in skills needed to survive the downsizing judged incompetent not to make this this Senate and on our committee. chain saw but hate it when a lifetime move. If plant closings and downsizing I was watching Harry Truman’s life of dedication to doing a job well ends are judged to be sound business deci- story on TV the other night on ‘‘Biog- with a pink slip. sions, the market will bid up the value raphy.’’ He was trying to settle the rail Not only do the American people of the stock and the salary of the re- strike, I believe. He was speaking to have mixed feelings about technology, sponsible CEO. If selling products that Congress with proposed legislation but the attitude of the people and the turn America into a society of efficient when one of his Secretaries handed him attitude of corporations toward tech- players of electronic games and selec- a note, and he said that the parties nology is decidedly different. tors of video programs is good for busi- have privately begun to negotiate and Successful communication corpora- ness, then a corporate board would fire are going to arrive at a private settle- tions must follow technology wherever any CEO whose conscience interfered ment and he withdrew his legislation, it takes them. Successful communica- with the need to produce revenue. or he lessened his legislation. tion corporations treat technology as if This is not to say the managers of Many criticized him. They said, its status were somewhere between the leading telecommunications com- ‘‘Well, Harry Truman is a little too King and God. As people, we have panies—who must be given credit for flexible, he is not standing as he said learned the hard way that to worship crafting and enacting this legislation— he would.’’ technology is to select a graven image are heartless. They are not. This is not I like to read about Harry Truman. I with a double-edge potential of doing to say they are not concerned about found this a very interesting episode. grave harm and great good. the future of America or the quality of And I am certainly not comparing my- All of this is said, Mr. President, to life in our country. They are. Nor does self to Harry Truman. I think he was a put a brake on the wild and woolly ex- it mean that America does not benefit man of enormous stature. pressions of enthusiasm for the glory of when tough-minded business executives Analogously in the same case, pri- these new technologies. No doubt they make tough-minded business decisions. vate agreements are coming into place, can serve us well, no doubt they can We do. and if we get letters from the various expand our reach and improve our ca- However, it is to say that we should groups, small cable and Black Enter- pacity to produce, to learn and to gov- take care when corporations appeal for tainment Television, and so forth, why ern ourselves. However, there is also no changes in the law on eleemosynary would we have Government regulation doubt they can lead us astray if we do grounds. When they tell us the new law at that point, just for the sake of hav- not think carefully about where we is going to be good for America and ing it? A lot of times parties negotiate, want to go. American consumers, we should take realizing that down the road if they do We, the people, in our minds and our care to remember who it is that but- not, there is going to be a problem. hearts, must drive these new techno- ters their bread: their share owners. Certainly, there is that interaction. logical wonders, or, most assuredly, And we should take care and remember So, in conclusion, I say I have great they will drive us. who butters ours: American consumers, regard for my friend from Nebraska, Regrettably, the rewriting of our law citizens, and voters. but I think we are talking about two we have witnessed has created the per- Over and over in this debate, we separate things here. I strongly sup- ception that this was not paramount in heard the phrase, ‘‘We have struck a port the Dole amendment. our deliberation. Indeed, the amend- delicate balance between the various Mr. KERREY addressed the Chair. ment before us now reinforces that per- corporate interests,’’ used in defense of The PRESIDING OFFICER. The Sen- ception. The perception is that the law a specific provision. Over and over ator from Nebraska. was not done for or by the people of the when changes were proposed which Mr. KERREY. Mr. President, I come United States of America. The percep- would have given consumers and citi- to the floor this afternoon to speak and tion has been created that it was done zens some protection, this ‘‘balancing vote against the Telecommunications by and for the telecommunications cor- of corporate concern’’ was raised as a Competition and Deregulation Act of porations of America. Rather than barrier. 1995. I am deeply disappointed that I being a Contract With America, this Regrettably, this has resulted in a am not able to speak and vote in favor legislation looks like a contract with law which will not guarantee that of it. For the past 10 years, I have been corporations. American households will have robust, arguing for a radical overhaul of our This is one reason Americans feel competitive choices which would have telecommunications laws. They have they have no power over their Govern- ensured lower prices and higher qual- not been changed significantly in the ment. Indeed, despite the scope of its ity. Regrettably, this law gives the past 60 years, a time of unprecedented, impact on their lives, Americans nei- power to those monopolies who already breathtaking and, for many of us, I ther asked for this bill, nor do many of have the power to control the market must confess, nearly incomprehensible them even know we engaged in this de- and who will give consumers two change in the technologies of commu- bate. choices: Take it or leave it. nication. To be clear, I have nothing against The regret I feel is a child of lost op- The short description of what has corporations, or the people who tempo- portunity. We have lost an opportunity happened in the past six decades since rarily run them. Indeed, most Ameri- to seize a three-part promise. The the 1934 Communications Act was cans work for a corporation. However, promise I see with the technologies of passed is this: The need to continue corporations—particularly public cor- communication is to create jobs, im- monopoly franchises and the line of porations—are not people. Incorpora- prove the performance of America’s business restrictions has evaporated. tion is a charter granted by the peo- students, and strengthen democracy by The heat which turned the water of our ple’s laws to an organization, usually helping our citizens become better in- law into steam is technology. Our laws for the purpose of ensuring perpetual formed. And while this legislation will have been overrun by changes in tech- life and providing many of the bene- undoubtedly produce some gains in all nology. Failure to acknowledge this ficial powers of an individual, like en- three areas, narrow corporate concerns and to liberate the businesses to com- tering into contracts, buying and sell- prevented us from doing all that was pete has been detrimental to the ing property, while shielding the orga- possible. S 8444 CONGRESSIONAL RECORD — SENATE June 15, 1995 The regret I feel, as well, is also a Listening to the arguments against and consumers do not. Accordingly, I consequence of believing that tele- the Department of Justice role, or must vote ‘‘no’’. communications is much more than looking at the law itself, you might as- Some things have been said in the just another business. Telecommuni- sume that the answer would be that heat of debate about the Department of cations defined is to communicate Congress or the FCC made them com- Justice and the Antitrust Division that across a geographical space, across dis- pete. If you did, Mr. President, you just are not true, and I would like to tances. Communication defined is one would be wrong. It was the Antitrust take this opportunity to correct the human being telling a story or deliver- Division of the Department of Justice record. ing information to another. To commu- that sued AT&T. It was the Antitrust For example, it has been said that nicate is to define what it means to be Division of the Department of Justice the Antitrust Division has 800 or 900 at- a human being. that forced AT&T to compete. It was torneys. It has been said that it has We are not just deregulating another the Antitrust Division of the Depart- several hundred lawyers acting as regu- business with this law. We are deregu- ment of Justice that should be given lators. The fact is that the Antitrust lating businesses which have been credit by consumers for the lower Division had 323 attorneys total—to granted the right to control what we prices and higher quality service in carry out all of its responsibilities—at read, hear, and see. They decide what is long distance. the end of fiscal year 1994. This number news and what stories are worth tell- Neither Congress nor the Federal is about 30 percent lower than the ing. When it comes to defining who we Communications Commission had the number of attorneys the Antitrust Di- are as people, it is not an exaggeration guts or the power to take on AT&T. So vision had in 1980 and is about equal to to suggest that these businesses are as I guess it should not be surprising that the number that it had more than 20 powerful an influence as parents or re- under the banner of competition and years ago during the Nixon administra- ligious leaders or teachers. deregulation, we pass a law that per- tion, when the economy was much What are the flaws of this bill which petuates the power of the monopolies. smaller, less global and less complex cause me to withhold an affirmative Mr. President, this legislation is not and when antitrust enforcement was vote? The most important occurred be- without merit. It will help America’s less challenging. fore we started writing the legislation. schools and America’s school children When we talk about growth of bu- The most important flaw was our atti- take advantage of the technologies in- reaucracy, we certainly cannot reason- tude. We worried too much about liber- formation age by ensuring affordable ably mean the Antitrust Division. The ating businesses and not enough about infrastructure, connectivity, and rates. Antitrust Division has for years been liberating people. It does preserve the goal of universal doing what we now ask of all Govern- service for all of America’s commu- ment agencies—carrying out vital mis- As a consequence, we made a crucial nities. It does encourage some competi- sions more effectively, more efficiently error when we wrote the law. The most tion by smaller carriers at the local and with fewer resources. With its rel- important flaw is that we did not give level through joint marketing, a strong atively limited number of attorneys, the Antitrust Division of the U.S. De- section favoring network interoper- the Antitrust Division has pursued vig- partment of Justice a determinative ability and good interconnection and orously criminal enforcement of the role in ensuring that robust competi- unbundling requirements in section antitrust laws, a strong merger review tion occurs at the local level before al- 251. program, civil antitrust enforcement lowing the monopoly to enter other It contains strengthened provisions and all of its other responsibilities. lines of businesses. Competitive choice for rural customers: Comparable serv- It has been said that DOJ has failed means that households have the power ices at comparable rates; geographic to comply with a court order to review to tell a company they do not like the toll rate averaging; evolving national MFJ waiver requests within 30 days. price or quality of the service. Consum- definition of universal service; support The fact is that Judge Greene in 1984 ers must be able to buy from someone for essential telecommunications pro- issued instructions regarding how DOJ else before they have real power over viders; waivers and modifications of should handle specified waivers then the seller. interconnection requirements for rural pending and established a schedule Substituting a checklist for the Anti- telephone companies, and infrastruc- under which DOJ had 30 days to handle trust Division of the Department of ture sharing. those specific waivers. Those waivers, Justice is not an equal trade. A cor- We fought for and succeeded in in- incidentally, were far less complex and poration could easily satisfy the check- cluding in the law some protections for sensitive than the waivers pending list without giving the consumer com- consumers including the prohibition of today. DOJ complied with that order petitive choice. And without competi- cable/telco joint ventures and buyouts and has fully complied with all sched- tive choice, this law will concentrate except in rural markets of 50,000 or ules set by Judge Greene. power away from the consumer. less, allowing State regulators to con- It has been said that DOJ has refused Last year, under the leadership of sider profits of telephone companies to conduct triennial reviews. In 1989, Senator HOLLINGS of South Carolina, when using rate regulation methods while the appeal of the first triennial the Senate Commerce Committee re- other than rate of return, ensuring review was still pending—it would not ported a bill I could have supported. that price flexibility should not be used be finally resolved until 1992—Judge All but two members of the committee to allow revenues from noncompetitive Greene gave DOJ complete discretion voted for a bill which gave the Depart- services to subsidize competitive serv- whether and when to file any subse- ment of Justice this determinative ices, and protecting ratepayers from quent triennial reviews. role. Unfortunately, in the distance paying civil penalties, damages, or in- He noted that the need for triennial and time traveled from November 8, terest for violations by local exchange reviews was not as great as had been 1994, to June 15, 1995, the law was carriers. anticipated when originally conceived. changed, and I can no longer support With all of these good things, Mr. As it turned out, Judge Greene ob- it. President, I regret the absence of a De- served, there had been ‘‘a process of al- Why is it so important, Mr. Presi- partment of Justice determinative role most continuous review generated by dent, to American consumers to have all the more. With the Department of an incessant stream of regional com- the Department of Justice with a de- Justice ensuring competition, consum- pany motions and requests dealing terminative role? The answer can be ers would not have to doubt that they with all aspects of the line of business found by following one of the most fre- would have a courageous, procom- restrictions.’’ United States versus quently used arguments in support of petitive Federal force on their side. Western Electric Co., slip op. at 1, July this bill: Consumers benefited when Without it, we must trust that the cor- 17, 1989, [emphasis added]. Judge AT&T was forced to compete in 1982. porations will do the right thing. Greene pointed out that he had ‘‘re- Well, guess who was responsible for Mr. President, this legislation bur- peatedly considered broad issues re- forcing them to compete? Was it the dens trust too much. Ultimately this garding information services, manufac- Congress? Was it the Federal Commu- bill is about power. The bottom line is turing, and even long distance.’’ Id. He nications Commission? that in this case, corporations have it explained that ‘‘as soon as there is a change, real or imaginary, in the in- June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8445 dustry or the markets, motions are charges that have been leveled over the The Bell companies’ waiver request filed and all aspects of the issue are re- past several days. naturally provoked strong opposition viewed in dozens of briefs.’’ Id. at n.2. In 1987, DOJ asked Judge Greene to from the interexchange carriers and in- Further triennial reviews thus would eliminate the restriction on the Bell formation services providers. DOJ gave have been duplicative of work that was companies’ provision of information the Bell companies an opportunity to already being done. services. DOJ did so over intense oppo- respond to the arguments against their Judge Greene’s observations are still sition from the information services waiver, and the Bell company re- valid. Over the life of the MFJ, incred- industry, because of DOJ’s conclusion sponses were filed in February 1994. ible as it sounds, the Bell companies that eliminating the restriction would After reviewing the Bell companies’ ar- have filed an average of one waiver re- promote competition in the informa- guments and the many arguments that quest every 2 weeks. They have buried tion services market. But DOJ’s focus had been submitted in opposition to the Department of Justice in an ava- was on competition and consumers. the request, the DOJ told the Bell com- lanche of paper—something never ex- DOJ was not trying to protect vested panies that it would not support the pected when the MFJ was entered. industry interests or some role as a waiver request. The Bell companies Now, some say they are ‘‘shocked, regulator. DOJ’s position was initially were free at that time to challenge the shocked’’ that the Bells do not expedi- rejected by Judge Greene, but after a DOJ decision in court. But presumably tiously receive the approval they claim reversal and remand by the Court of because they recognized that they had their requests merit. Appeals, the information services re- little chance of winning in the face of And in fact, what amounts to a tri- striction was removed in 1992. a clear decision by the Court of Ap- ennial review is underway right now, While seeking to lift the information peals, the Bell companies chose to nar- as DOJ investigates a motion pursued services restriction, DOJ did not sup- row their original waiver request to by three Bell companies to vacate the port authorizing the Bell companies to seek a more reasonable waiver. entire decree without any of the safe- bundle interexchange service with The Bell companies submitted a guards in S. 652, even in States where their information services. The reason somewhat narrower proposal to DOJ local competition is still illegal. This for this is that there is no clear dis- soon thereafter. DOJ again rejected the investigation will be completed in the tinction between information services proposal, because it still did not deal next few months, with a report that and conventional telephone services. with the loophole that the Court of Ap- will provide a comprehensive review of The FCC has been struggling for nearly peals had identified. the need for continuing the line of two decades to define and enforce such The Bell companies finally submitted business restrictions. a distinction in its Computer I, Com- a third proposal that was substantially It has been said that the Bell compa- puter II, and Computer III proceedings, narrower. This time, DOJ indicated nies’ so-called generic request—that is, which have tried to distinguish be- that it would support the proposal. a consolidated request joined by all the tween basic services—including This last proposal has now been briefed Bell companies—for a wireless waiver interexchange voice services—which and is awaiting decision by Judge is still awaiting action. In fact, Judge are regulated, and enhanced services— Greene. Greene has approved that request. or information services—which are un- The reason for the delay in process- A colleague referred to that wireless regulated. This has been one of the ing this waiver was that the Bell com- waiver as simple. It was not. The ini- most prolonged and difficult proceed- panies submitted—not once but twice— tial request was very broad. It at- ings in the history of the FCC. a waiver request that was very broad. tracted a tremendous amount of com- Because there is no clear distinction Their proposal would have resulted in ment and concern at the outset and between information services and basic an enormous loophole in the core re- each time it changed substantially. services, a decision to allow the Bell striction of the MFJ. As a practical And change it did—it went from a very companies to bundle interexchange matter, this loophole would have given broad waiver to one carefully tailored services would substantially eliminate them much of the relief that S. 652 and conditioned to protect competi- the core MFJ prohibition against their would give them, but without any of tion. The long distance companies and provision of interexchange service. The the safeguards that accompany such the Bell companies disagreed with Bell companies tried to argue in court relief in S. 652. It does not make sense DOJ’s ultimate recommendation to that the court’s decision to lift the in- to criticize the Department of Justice Judge Greene. That is not unusual. But formation services restriction meant for refusing to give the Bell companies Judge Greene adopted most of the pro- that they could engage in such bun- what the authors of S. 652 certainly do visions that DOJ recommended. DOJ dling, without any restrictions or safe- not intend to give them in S. 652. exercises its responsibility by doing guards. This interpretation by the Bell DOJ acted to protect competition what is best for competition, not what companies would have given them and consumers. When DOJ supported one industry or another prefers. much more freedom than S. 652 pro- the removal of the information serv- It has been said that DOJ has not poses to do today. But that argument ices restriction in 1987, it did so over acted on a request for a waiver that was firmly rejected by DOJ, Judge strong opposition from the information would allow the Bell companies to offer Greene and a unanimous panel of the services industry. DOJ’s support for long distance service in connection Court of Appeals. the recent information services waiver with information services. In fact, DOJ Judge Silberman of the Court of Ap- has been strongly opposed by the has recommended to Judge Greene that peals concluded that the Bell compa- interexchange carriers and by informa- he approve the request, as modified nies ‘‘urge a rather strained interpreta- tion services providers. DOJ isn’t pro- after extensive negotiations between tion of the language of the decree—The tecting industry turf; it’s doing what’s DOJ and the Bell companies. Bell companies’ interpretation—it right for competition. The case of the information services seems rather obvious, would create an As the information services case waiver illustrates how any purported enormous loophole in the core restric- demonstrates, the Department always delay in resolving waiver requests re- tion of the decree.’’ 907 F.2d 160, at 163 has been willing to take the time to lates to the overbreadth of the original Against this background, the Bell work with the Bell companies to fix Bell companies’ requests. Much of the companies filed a waiver request in waiver requests so that the Bell compa- time between the filing of the initial June 1993 that would have allowed nies can get as much MFJ relief as is waiver and DOJ’s recommendation in them to bundle their information serv- consistent with the consent decree’s favor of a heavily modified waiver oc- ices with interexchange service. In protection of competition in markets curred after DOJ rendered a decision doing so, they again sought to create that the Bell companies seek to enter. based on the original waiver and in- what Judge Silberman had described as Of the waivers approved by the Court formed the Bell companies that it an enormous loophole in the in 1993–94 that were not mere dupli- would not support the waiver. interexchange restriction. In effect, cates of waivers filed by another Bell The details of the information serv- they would have been able to offer company, fully 60 percent were the ices case are worth recounting at some interexchange service without the safe- product of negotiations between DOJ length, because they belie some of the guards that are required by S. 652. and the Bell companies that resulted in S 8446 CONGRESSIONAL RECORD — SENATE June 15, 1995 a modification of the original waiver test of the MFJ through the Ameritech say the least—the 40-page Ameritech request. plan, which I have supported since order enjoys unprecedented support To be sure, these complex, negotiated Ameritech introduced its Customers from a broad array of interested par- requests generate a lot of public com- First program. The Ameritech Plan is ties. ment and concern. The number of com- completely consistent with the stand- It has been said that the Ameritech ments per waiver for waivers filed in ard established by Section VIII(C) of 1993–1994 is nearly six times the com- the MFJ, because it builds on the idea plan will shift power from State and ments per waiver in 1984–1992. This is that one possible basis for satisfying Federal regulators to the Department not surprising, as the more recent VIII(C) is if the development of local of Justice. In fact, the implementation waivers go to the MFJ’s core restric- competition removes the ability of the of the market opening provisions tions. This modification and comment Bell company to use the local monop- agreed to by Ameritech will be handled process works to obtain workable waiv- oly to hurt competition in long dis- by State regulators and industry par- er proposals while still protecting com- tance. I encourage colleagues to read ticipants. The DOJ’s role is to assess petition, as the information services the Department’s Ameritech brief, the end result: the marketplace effects case illustrates. which the distinguished Senator from of those market opening provisions. The fundamental point is that DOJ South Carolina put in the RECORD a few The plan fully preserves the tradi- weeks ago. acted to protect competition and con- tional functions of State and Federal sumers. DOJ’s support for the revised The plan does not preclude regulators, as evidenced by the fact information services waiver has been Ameritech or any other Bell company that the plan enjoys the support of all strongly opposed by long distance and from seeking VIII(C) relief in spite of information services providers. But the continued existence of the local the State regulatory commissions in again, DOJ doesn’t protect industry monopoly. In fact, DOJ has supported Ameritech’s region and of the FCC. turf—it does what is right for competi- numerous waiver requests where—in Moreover, the plan has the sort of safe- tion. spite of the existence of the local mo- guards and standby authority for DOJ Of course, no discussion of purported nopoly—safeguards or other con- that are well suited to an untried and delay in the waiver process would be straints ensured that there was no sub- groundbreaking initiative. complete without noting the Bell com- stantial possibility that the Bell com- I have here, Mr. President, a letter to panies’ filing of overlapping and dupli- pany could use the local monopoly to Assistant Attorney General Bingaman cative waiver requests. For example, impede competition in the market it from Craig Glazer, the chairman of the several Bell companies filed a request sought to enter. Most recently—and Ohio Public Utilities Commission. after it outlined the approach of the to vacate the MFJ, seeking to com- Writing on behalf of all the State regu- Ameritech plan—DOJ supported the pletely eliminate its restrictions with- latory commissions in the Ameritech out replacing those restrictions with Bell companies’ request for a waiver to region, he praises the Department of any safeguards or requirements, such provide long distance service in con- Justice for its efforts in negotiating as those contained in S. 652. Once nection with information services. again, the Bell companies sought relief It has been said that DOJ forced the the Ameritech plan. Mr. Glazer writes, that the Congress likely would not ap- Ameritech plan on Ameritech. In fact, in part, that ‘‘the willingness of the prove. The Bell companies argued that the Ameritech plan originated with Department of Justice to work with this motion was critically important to Ameritech itself. The plan now enjoys and specifically accommodate a num- them, and urged prompt action on it. an unprecedented breadth of support ber of State concerns represented an DOJ agreed that it would make this re- among interested parties. It is sup- exemplary level of cooperation and quest its first priority. ported by a Bell company, AT&T, teamwork between the Department and But less than a week after submit- Sprint, other long distance competi- the State commissions.’’ I will include ting the request to vacate the MFJ en- tors, local competitors like MFS, the entire letter in the RECORD. tirely, one of the companies filed a sep- consumer groups, the FCC, state regu- The point that comes through loud lators from all the States in arate waiver request for so-called out- and clear from this letter and from the Ameritech’s territory, the Republican of-region relief. But that request is briefs that State officials have filed completely subsumed in the motion to governor of Illinois and numerous with Judge Greene in support of the vacate. And the other Bell companies other industry participants. In joint Ameritech plan is that DOJ is not try- that had filed the sweeping motion to comments filed with the court in sup- ing to displace regulators or become a vacate the MFJ apparently delayed and port of the plan, which I will include in stalled in producing documents that the RECORD, the regulatory commis- regulator itself. Governor Edgar of Illi- DOJ required in order to evaluate the sions from Illinois, Indiana, Ohio, and nois, for example, lauded ‘‘the Pro- merits of the motion. Wisconsin praised the proposal as a de- posed Order’s reliance on State regu- The AirTouch story that has been re- cisive step toward the goal of a com- lators to complement the Department’s peated during this debate is also not petitive telecommunications market. supervisory role of the proposed trial.’’ nearly as simple as has been suggested. This remarkable consensus is a lot I will conclude Governor Edgar’s com- Loosely casting aspersions on the inde- more than S. 652 has attracted, and I ments in the RECORD. DOJ has pro- pendence and integrity of the Depart- commend Ameritech for taking this posed a well-crafted plan that main- ment of Justice in relation to its posi- historic step. tains the traditional roles of all in- tion on the AirTouch matter is deeply DOJ has been criticized in this de- volved agencies. The State regulators wrong. DOJ has enforced the terms of bate because the draft Ameritech order and the FCC regulate; the Department the MFJ through Republican and is 40 pages long. Forty pages doesn’t of Justice assesses competition. Democratic administrations of vastly seem like too much, when one consid- Mr. President, this bill deals with different ideologies. ers that the order seeks to do some- The Department has explained its po- thing that has never been done before complicated issues, and there is a lot of sition on the AirTouch matter in a let- by anticipating the opening of a com- room for reasonable people to disagree. ter to House Commerce Committee plex, monopolized market to competi- But a lot of the things said about the Chairman BLILEY. Regardless of what tion and allowing a Bell company to Department of Justice were just plain one thinks of the merits, the bottom enter a long distance market measured wrong. I appreciate this opportunity to line is that the Department has a re- in the billions of dollars. But this criti- correct the record. sponsibility under existing law to up- cism is especially ironic because it Mr. President, I ask unanimous con- hold the terms of the MFJ that differs comes in a debate over a bill that seeks sent to have the letters and other ma- from that of Congress, which can write to do much the same thing as the terial printed in the RECORD. new laws. I will include that letter in Ameritech proposal—but that is some the RECORD. 150 pages long and getting longer as we There being no objection, the mate- It has been said on the Senate floor speak. And while this 150-page bill has rial was ordered to be printed in the that DOJ has repudiated the VIII(C) been the subject of much debate—to RECORD, as follows: June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8447

DEPARTMENT OF JUSTICE, served as Assistant Attorney General for AirTouch has given us that they will not un- ANTITRUST DIVISION, Antitrust during the Reagan Administra- dertake any new activities that could be Washington, DC, January 31, 1995. tion, successfully negotiated the historic viewed as violating the MFJ, we informed Re AirTouch Communications, Inc. MFJ. AirTouch that we have no intention of seek- Hon. THOMAS J. BLILEY, Since the MFJ, multiple fiber optic net- ing enforcement action against them pend- Chairman, Committee on Commerce, House of works have been constructed by long dis- ing a decision by court as to their status Representatives, Rayburn House Office tance competitors, consumers have reaped under the MFJ. Building, Washington, DC. steeply lower long distance prices while dra- Also, as you know, the MFJ contains pro- visions that allow parties to seek waivers or DEAR CHAIRMAN BLILEY: Thank you for matically increasing their minutes of usage, your letter of January 27, 1995 concerning and according to a January 21, 1995 front modifications if their activities, although the status of AirTouch Communications, Inc. page story in the New York Times headlined technically covered by the decree, do not (‘‘AirTouch’’) under the Modification of ‘‘No-Holds Barred Battle For Long-Distance pose competitive problems. We have stated Final Judgment (‘‘MFJ’’) in United States v. Calls,’’ at least 25 million residential tele- clearly to AirTouch that our position on the Western Electric, Co., Inc. I appreciate your phone customers exercised a choice in 1994 complaint before us rests solely on the interest in this matter, and I understand by switching long distance carriers. The tele- meaning of the ‘‘successor’’ provision of the that this issue has significant implications communication equipment and services mar- MFJ, and that they should not construe our for AirTouch and perhaps other cellular tele- ket have simply exploded. position as reflecting a decision to oppose a phone companies. Moreover, it is this growing competition, waiver of MFJ restrictions which might be As I will explain, the Department’s recent which can be accelerated through legislation sought pursuant to section VIII (C) of the action concerning AirTouch’s status under which opens local markets to real competi- MFJ. Rather, we informed AirTouch that we the MFJ does not reflect a decision about tion while continuing to protect consumers would work with them to seek an appro- the important competition policy issues to and competition from monopolists, that will priate waiver. Although AirTouch has not which your letter refers. We fully agree with provide opportunities for deregulation. sought a waiver at this time, the oppor- you on the importance of those policy ques- THE DEPARTMENT’S AIRTOUCH POSITION tunity to do so will continue to be available tions, and look forward to working with you Our position in the AirTouch matter does to them. I know that you and the Committee under- to resolve them. As you know, I testified be- not reflect an antitrust or policy judgment stand and appreciate the importance and fore a subcommiteee of the Committee on about the cellular industry. Instead, it re- flexible nature of section VIII (C) where mar- Commerce last year in favor of comprehen- flects our interpretation of a narrow, but ex- ket conditions are changing. That is no sive telecommunications legislation based tremely important, question concerning the doubt one of the reasons that the tele- on competitive principles. continuing applicability of antitrust decrees communications legislation reported last The only competition policy issue with re- after the sale or reorganization of corporate Congress by the Committee on Commerce, spect to this AirTouch matter is whether we antitrust defendants. Section III of the MFJ which passed the House of Representatives are willing to work with AirTouch on an ap- includes a provision, contained in virtually with more than 420 votes, provided that the propriate waiver of the applicable MFJ pro- all of the government’s antitrust decrees, Department of Justice should apply this test vision—and you should know that we offered making its limitations applicable to ‘‘succes- to determine when, among other things, the to do so before announcing our decision on sors’’ to the corporate entities originally RBOCs should be permitted to enter the long the complaint that prompted our review of bound by the decree. Such provisions are in- cluded to ensure that a decree’s require- distance market. this matter. AirTouch did not accept that in- I hope that this information is helpful to ments cannot be avoided simply through a vitation. you in analyzing the Department’s position reorganization or transfer of ownership of I provide additional background below in in the AirTouch matter. With respect to the the businesses that are subject to the decree. response to your letter, including the respec- ATT matter that you briefly touch upon, Without such limitations, of course, it would tive roles of the Department and court under this was addressed primarily under the Clay- be relatively easy for an antitrust defendant the MFJ on questions such as the AirTouch ton Act and not under the MFJ, and requires to avoid its legal obligation to comply with issue; the benefits to competition and con- separate discussion. sumers from the MFJ: the Department’s rea- a decree through a transfer of significant as- I would be very happy to discuss these or soning and position on the AirTouch matter; sets, restructuring or reorganization, there- other telecommunications matters with you and the Department’s cooperation with by rendering the decree ineffective. at our scheduled meeting or at your conven- The position the Department has taken in AirTouch to facilitate court action now. ience. response to the complaint submitted to it THE DEPARTMENT’S ROLE UNDER THE MFJ Sincerely, concerning AirTouch was made in the con- ANNE K. BINGAMAN. First, let me put our role under the MFJ in text of this history. AirTouch was spun off context. As you know, the MFJ is a court de- from one of the seven regional holding com- [From the Wall Street Journal] cree which resolved a hard-fought litigation. panies. It continues to operate, among other PACIFIC TELESIS IGNORED U.S. ON AIRTOUCH Relief from the MFJ can only be given by a things, the cellular telephone business pre- court, not by the Department of Justice. viously owned by that regional holding com- (By Leslie Cauley) While we make our position known to the pany and is subject to a common consent de- NEW YORK.—Pacific Telesis Group ignored court, it is the court and not the Department cree provision applying the decree to ‘‘suc- statements by the Justice Department in which determines disputes about the cov- cessors.’’ 1993 suggesting that its cellular spinoff could erage of the MFJ. In your letter, you refer to the purpose of run afoul of the court decree governing the The court also has the power to give relief the ‘‘spin off’’ from Pacific Telesis as to Baby Bells, a senior department official said. from provisions of the MFJ which become avoid MFJ objections. In this regard I want Now the spinoff, AirTouch Communica- unnecessary. As you are aware, the Depart- to advise you that neither AirTouch nor Pa- tions, is scrambling to win a federal judge’s ment is supporting an MFJ waiver which cific Telesis chose to submit any request for approval lest it be forced to scale back dras- would allow cellular service providers affili- written guidance on this question to the tically its ambitious plans for future expan- ated with RBOCs to provide long-distance Court or to the Department at the time of sion. services, subject to certain safeguards, and the transaction. Moreover, AirTouch’s dis- Rules governing the Bell System breakup this waiver is pending before the Court. The closure documents reflect that they under- prohibit the seven Baby Bells and their serv- cellular market will be moving from the du- stood and told the public that there was a ice spinoffs from offering long-distance com- opoly model toward more vigorous competi- risk that a determination such as we just munication services or making phone gear. tion, a trend that will accelerate with com- made might ensue. (See Attachment) But Pacific Telesis, based in San Fran- pletion of the spectrum auction and deploy- After careful consideration of the history cisco, brushed aside these restrictions when ment of PCS. We also hope that landline of the MFJ and the decisions interpreting its it spun off the unit almost two years ago, local exchange competition will become law- provisions, and after detailed consideration said Robert Litan, deputy assistant attorney ful and real. If such developments occur, of AirTouch’s arguments about the meaning general for the Justice Department’s anti- more relief will certainly be appropriate. of the relevant MFJ provisions, the Depart- trust division. ‘‘We indicated to them at that time that it ment concluded that AirTouch is a ‘‘succes- THE BENEFITS OF THE MFJ was an open question,’’ Mr. Litan said, par- sor’’ within the meaning of Section III of the In discussing how the MFJ is applied, it is ticularly since the unit had retained net- MFJ. useful to bear in mind what I know you un- work facilities it had used as a Bell entity. derstand—the pivotal role of the MFJ in OUR COOPERATION WITH AIRTOUCH Air-Touch recently began transmitting unleashing the competition that has put our We have worked with AirTouch to assure long-distance calls on its cellular network, country at the forefront of the telecommuni- that it will be able to continue its current and it is developing phone equipment. On cations revolution. I am also particularly business activities while seeking a ruling by Jan. 11, the Justice Department formally no- pleased that the case against the telephone the District Court on the question of wheth- tified AirTouch that it must abide by the monopoly and supervision of the MFJ has er it should be considered a ‘‘successor’’ terms of the decree just like its former par- been a priority at Democratic and Repub- under the MFJ. This is a legal question ent. lican Departments of Justice alike, and that AirTouch can bring to the court. In the Officials at Pacific Telesis and Air-Touch my antitrust professor, Bill Baxter, who meanwhile, in light of the assurances expressed surprise at the department’s S 8448 CONGRESSIONAL RECORD — SENATE June 15, 1995 stance, noting that Justice Department offi- cut loose but are still considered local serv- forts to hear and attempt to accommodate cials had known for at least two years of ice bottlenecks. state regulatory issues and concerns. AirTouch’s intention to enter markets Many telecommunications attorneys be- Sincerely, banned to the Bells. lieve AirTouch won’t get a favorable ruling CRAIG A. GLAZER, ‘‘We could not have been more clear about from Judge Greene, who has historically ARRC Chairman. what we were talking about,’’ said Richard taken a hard line in interpreting the decree. Mr. KERREY. I yield the floor. Odgers, Pacific Telesis’ general counsel. But they think it will prevail in the courts. Mr. DOMENICI. Mr. President, I un- But that could take years, according to Moreover, he added, three law firms hired by derstand I have 3 minutes. I yield my- the company came to the same conclusion some attorneys. However, AirTouch could that the decree didn’t apply to AirTouch. ask for a waiver from the courts that could self such time as I may need. I ask for Justice Department officials counter that ask for a waiver from the courts that would 1 minute as in morning business out of its antitrust division, as a prosecuting arm allow it to continue its operations un- my time. of the government, doesn’t offer casual as- changed. The PRESIDING OFFICER. Without sessments. Pacific Telesis ‘‘could have made Even with its current predicament, objection, it is so ordered. AirTouch still has a healthy core business a request for a formal (legal) opinion’’ when f the spinoff was being contemplated in 1993, providing cellular services in its territory. Mr. Litan said. ‘‘But they never did that. The company’s fledgling long-distance busi- A CELEBRATION OF DAD’S DAY They went ahead and took their chances.’’ ness is a miniscule part of total operations, AirTouch’s public documents issued at the and it has a stock market value of about $14 Mr. DOMENICI. Mr. President, as we time it went public indicate that it knew it billion. The company, which has had growth approach Father’s Day 1995, I want to might be jumping the gun if it pursued busi- rates of greater than 30%, is expected to re- share with the Senate and the Amer- ness barred by the decree. The company’s lease fourth-quarter earnings on Wednesday. ican people a letter I have received November 1993 prospectus, released in antici- from a fellow New Mexican, Chuck Ev- pation of its initial public offering last THE PUBLIC UTILITIES erett. Mr. Everett originally wrote this spring, noted that there was no assurance COMMISSION OF OHIO, letter while he was serving in Korea to ‘‘that DOJ or a third party might not object April 25, 1995. his father who was back home in the at some time in the future or that the courts Ms. ANNE BINGAMAN, Assistant Attorney General, U.S. Department of United States. might not agree’’ with AirTouch’s opinion Mr. Everett’s father described the that it wasn’t subject to the decree restric- Justice, Antitrust Division, Washington, tions. DC. letter as ‘‘a masterpiece of simple The prospectus added that AirTouch had DEAR MS. BINGAMAN: I am writing to you truths.’’ I could not agree more. In Mr. advised the Justice Department of ‘‘its belief in my capacity as Chairman of the Everett’s cover letter to me, he says to that the [decree] would not apply to the Ameritech Regional Regulatory Committee ‘‘delete the word ‘Communism’ and in- company after the spinoff. . . . [and] DOJ (ARRC). ARRC is an ad hoc group of the five sert the word ‘terrorism’ and we have a has not stated any intention to object [Pa- state regulatory commissions in the thought that is as true today as in cific] Telesis’ position.’’ Ameritech region: Illinois, Indiana, Michi- 1952.’’ His prophetic and patriotic gan, Ohio, and Wisconsin. The ARRC mission Margaret Gill, an AirTouch senior vice words are as valid now as they were president, maintained last week that ‘‘that is to facilitate the exchange of information statement was made because we had care- among the public utility commissions of the when he first wrote them. I trust you fully noted conversations with appropriate five states regarding telecommunications is- will find the text of Mr. Everett’s 1952 senior officials at the department.’’ sues in general and telephone companies op- letter a hopeful and encouraging sam- Department opinions aren’t binding with erating within the five respective jurisdic- ple of a young man’s commitment to the courts, and even when it finds nothing tions in particular. The ARRC is made up of America and its values. These are in- objectionable, the agency can take action representatives of the commissions and/or deed ‘‘simple truths.’’ Times have later. But it is virtually unheard of for the staffs of the Illinois Commerce Commission, changed the face of totalitarian and Justice Department to prosecute a company Indiana Utility Regulatory Commission, the Communist regimes, but new dangers for engaging in activities that have been sub- Michigan Public Service Commission, the ject to a formal review, a process that can Ohio Public Utilities Commission and the are substituted for the old. As Mr. Ev- take several months or more to complete. Public Service Commission of Wisconsin. erett says, we ‘‘are on a mission, so AirTouch has big plans. Besides operating On behalf of the ARRC, I want to thank that next year and the years that fol- one of the nation’s largest cellular phone you and members of the Department Staff low, free people all over the world can networks, the company already has begun of- for devoting many hours to meeting with the celebrate Dad’s Day.’’ I respectfully fering highly profitable long-distance serv- ARRC to seek input from and accommodate ask unanimous consent that the text of ices in its territories. AirTouch is also build- concerns raised by the respective state regu- Mr. Everett’s letter be printed in the ing systems in international markets that latory commissions and/or their staffs con- RECORD. will be tied through a sophisticated satellite cerning the proposed request to Judge network. Greene to authorize an interLATA experi- There being no objection, the letter The company has proposed merging with ment in parts of Michigan and Illinois. Spe- was ordered to be printed in the the cellular unit of former sibling US West cifically, Mr. Willard Tom and Robert Litan RECORD, as follows: Inc. Together, AirTouch and US West are of your Staff traveled to the region and met OCTOBER 1952 bidding with two other Baby Bells—Bell At- with the ARRC staff on a number of occa- It’s a beautiful morning, the kind of a day lantic Corp. and Nynex Corp.—for new wire- sions concerning the proposed experiment. when a fellow likes to get up early in the less ‘‘personal communications services’’ li- Moreover, the ARRC staff representatives re- morning, gather up his golf clubs and head censes, with plans to build a nationwide PCS ceived and were allowed to have input on the for an early morning bout with fairways, network offering anywhere-anytime wireless various drafts leading up to the proposed roughs, greens and caddies. calling. modification of the Decree filed with the I’d like to sit down to a nice roast beef din- Efforts by AirTouch to boost growth and Court on April 3, 1995. Although there may ner, with diced carrots, peas, Brussels profits by also providing the long-distance still be issues which individual state com- sprouts, chopped salad, blue-berry pie and a links to its subscribers could be cut off if the missions and the ARRC may be raising in big glass of milk. In the afternoon I’d like to company doesn’t win a favorable ruling from comments before Judge Greene, I can say on siesta, then pack a picnic lunch of cold cuts, the courts. A $7.5 million investment by the behalf of all of the ARRC states that the cheese and lemonade, and head for Stone company in a satellite venture also seems in willingness of the Department of Justice to Park. I left out something. Oh, yes, of jeopardy. work with and specifically accommodate a course, church. I’d like to go to church after AirTouch didn’t reveal the department’s number of state concerns represented an ex- golf, where the services would be devoted to concerns until last week, when it asked fed- emplary level of cooperation and team work Father’s Day. eral Judge Harold Greene for an immediate between the Department and the state com- That’s how I’d like to spend the day. But ruling saying AirTouch isn’t subject to the missions. some of us are on a mission, so that next decree. In the meantime, AirTouch has Should the modification to the Decree be year and the years that follow, free people agreed to stop further expansion into prohib- adopted by Judge Greene, by its own terms it all over the world can celebrate Dad’s Day. ited businesses and the department has calls for various regulatory and enforcement We know we will succeed in our mission agreed not to take action against the com- activities to be undertaken both by the here, but will those at home remember our pany until a decision is rendered. States and the Department of Justice. I am efforts and strive to realize our purpose? The AirTouch’s predicament underscores the heartened by the cooperative process that battles we fight here cannot, in themselves, gravity with which the U.S. government still has occurred to date and feel that it bodes assure us that we will have a free world. It views the restrictions on the regional Bell well for implementing the proposed trial in a takes the combined efforts of educators, in- monopolies. the crackdown on the fledgling manner which is in the public interest. dustrialists, politicians and religious leaders Bell spinoff could presage similar moves Again, on behalf of the ARRC, I express my to assure a free world. The shackles of com- against the other Bell affiliates that were sincere thanks for the Department’s extra ef- munism are not bound about the legs of only June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8449 those behind the iron curtain. It has shack- telephone, a more modern thing, and choices and lower prices in long dis- led the minds of free men everywhere into people will be able to do much more by tance phone service and television pro- believing that it is better than free enter- way of communicating than before. gramming. The legislation also pre- prise and democracy. People should not fear, but rather serves the universal service fund which That is where you people must carry the fight to the enemy. Bullets alone will not look at this as a new dawn of oppor- subsidizes telephone service to rural stop communism. Let us, on this day dedi- tunity and a way to communicate and areas. cated to fathers, dedicate our lives to the enhance freedom beyond anything we Right now, consumers have a choice support of free will, free speech, freedom could have comprehended 20 or 30 years of what company they want to provide from fear, freedom of religion, and freedom ago. long distance phone service. After this of thought. It stands to reason that with all of legislation takes affect, consumers will We cannot fear communism, but we must that happening—and part of it has be able to choose among companies make communism fear us. And, believe me, grown up under regulation and part of that will provide them with local and the Reds do. At every move of our enemy, we it not—it is time to change that old long distance service. stop them, we repulse them and we humili- This legislation will also give con- ate them. It is but a matter of time before law and do something better, take they will quit. They can only suffer defeat. some chances, if you will, with the sumers more choices in how to receive Be it not the will of free men to be dictated marketplace. It will not come out per- television programming. Currently, if a to, and thus communism cannot succeed. fect. consumer’s area is served by cable, a f I just heard my good friend from Ne- consumer may choose between the braska, Senator KERREY, indicate he cable company and somewhat expen- TELECOMMUNICATIONS COMPETI- was concerned. Obviously, I am less sive satellite or DBS service. This leg- TION AND DEREGULATION ACT concerned than he. I believe this bill islation will allow the phone company The Senate continued with the con- will cause much, much more good than to offer television over phone lines, so sideration of the bill. the possibility for harm that might there is a choice between the cable Mr. DOMENICI. Mr. President, in come because we may not totally un- company, the phone company, and 1934, when the last major piece of com- derstand the end product. DBS. munication regulation was passed, we It may be difficult to totally under- The Telecommunications Competi- had radios and telephones, and often stand the end product of this deregula- tion and Deregulation Act of 1995 will telephones had many parties on the tion. Anybody that is that intelligent, remove the regulations that have hin- same line. knows that much about it, it seems to dered the development and expansion Now we have telephones, radios, com- me, is well beyond what we have of technology. Regulations, such as the puters, modems, fax machines, cable around here. Maybe there is not any- regulated monopolies in local tele- television, direct broadcasting sat- body in the country that could figure phone service, required by the Commu- ellite, cellular phones, and an array of out where all of this will lead. nications Act of 1934, have forced U.S. budding new technological improve- It is obvious to this Senator that if companies wanting to invest in local ments to communication. we are looking for productivity, if we phone markets to invest overseas. In 1934, it made sense to only have As a matter of fact, I believe this pe- are looking to enhancing communica- one company laying phone lines and riod in modern history will be marked tion, new technology, investment, new providing phone service. But now that singly by the advances that humankind jobs, new gross domestic product many homes have both cable and phone is going to make with reference to growth, we must deregulate this indus- lines, and may have a cellular phone, it communications. I think it will add ap- try. makes sense to open up phone service preciably to the wealth of nations. It There is great capacity—both human to competition. When this legislation will add significantly to the time peo- and natural—and there are large opens local markets to competition, ple have to do other things because it amounts of assets tied up in this indus- companies like MCI, which have plans will dramatically produce efficiencies try. We have to let them loose to grow, to invest in the United States, but in communication that were unheard compete and prosper. have been forced to make investments of. It will bring people together who I hope on the many issues that we overseas, will be able to invest, create are miles apart. voted on, that we came down on the jobs, and provide better phone service We can dream and envision the kind right side. I do not think one should to U.S. consumers. of things that will happen by just look- vote against this bill because one or The President’s Council of Economic ing at what has happened to cellular two of their amendments did not pass. Advisors estimates that as a result of phones, to portable phones, and think Fundamentally, this is a giant step deregulation, by 2003, 1.4 million serv- of how communications is going to ad- in the right direction. ice sector jobs will be created. vance. We have outgrown the Communica- Over the next 10 years, a total of 3.4 Mr. President, fellow Senators, it is tions Act of 1934. It is time to pass the million jobs will be created, economic obvious that we have a law on the Telecommunications Competition and growth will increase by approximately books and court decisions governing Deregulation Act of 1995. This legisla- .5 percent, and, according to George this industry that shackle it and deny tion will foster the explosion of tech- Gilder, the gross domestic product will the American people, and, yes, the peo- nology, bring more choices and lower increase by as much as $2 trillion. ple of the world, the real advantages prices to consumers, promote inter- This legislation will increase exports that will come from telecommuni- national competitiveness, productiv- of U.S. designed and manufactured cations advances that are part of a ity, and job growth. telecommunications products. marketplace that is competitive, where This legislation will open up local Increased investment in tele- the great ideas of people can quickly phone service to competition and when communications products and services find themselves converted from ideas this market is open, allow local phone will bring a better quality of life to to research, from research to tech- companies to enter the long distance rural New Mexico. With fiber optic nologies, and then rapidly into the markets. This will create more com- cable connections, doctors in Shiprock, marketplace to serve various needs of petition resulting in lower prices and NM, can consult with specialists at the business, of individuals, of schools and better services for the consumer. University of New Mexico Medical Cen- on and on. Some New Mexicans have told me ter or any medical center across the Some New Mexicans have told me, ‘‘we are happy with the phone service country. ‘‘We are happy with the phone service we have now. Why do we need legisla- The technology to let students in Hi- we have now. What are we changing in tion to change it?’’ What I want to tell dalgo County, NM, in towns like this legislation, and why must we my fellow New Mexicans is that this Lordsburg and Animas, share a teacher change it?’’ Obviously, we are not legislation will not disrupt the phone through a video and fiber optic link. going to be changing the phone service service that they depend upon now. What this legislation would do is re- other than making the options that our What the Telecommunications Com- move the regulations that currently people have, giving them more options, petition and Deregulation Act of 1995 prevent investment to get technologies making the communication, be it a will do is provide consumers with more to the local phone market. S 8450 CONGRESSIONAL RECORD — SENATE June 15, 1995

Mr. President, I support this legisla- Senator PRESSLER has met this test Senator from Washington and I thank tion because of the benefits to rural with flying colors and deserves a tre- him very, very much. education and rural health care, better mendous amount of credit. But not the Mr. GRAHAM addressed the Chair. local and long distance phone services, least of the items for which he deserves The PRESIDING OFFICER. The Sen- and new technology and new jobs for praise is his ability and willingness to ator from Florida. Americans. I believe this legislation is work with the distinguished Senator Mr. GRAHAM. Mr. President, I would a good start to accomplish these objec- from South Carolina, Senator HOL- like to add my voice of commendation tives. LINGS. to the chairman of the committee and I wish to commend the managers of I have said this privately to the Sen- the ranking member for the manner in this bill and their staffs for their tire- ator from South Carolina, it is obvi- which they have presented this bill and less work to craft this legislation. I ap- ously difficult to be in charge, to be a given us an opportunity to understand preciate Chairman PRESSLER’s willing- chairman of the committee, to have its contents and debate its principal ness to listen to the concerns of each strong ideas on a subject as he has had, provisions. member of this body. and then find himself, without any ac- It had been my full expectation that Mr. President, we need this legisla- tion on his part, in a different position. I would support this legislation. I was tion to move our citizens and our econ- His willingness to share his wisdom well aware of the legislation that had omy into the next century. I urge my and his ideas—not just with Senator been introduced last year by the then colleagues to support it. PRESSLER, but with all members on the chairman, the Senator from South Mr. President, I want to take a Commerce Committee—and his willing- Carolina. I was publicly, positively sup- minute. I remember when I first had ness to make this such a constructive portive of that legislation. I, frankly, the luxury and privilege of being the bipartisan endeavor is a tribute to him therefore, state with regret that I will chairman of the committee and had to and, I think, to the Senate. not be able to support the legislation come to the floor to manage a bill. This bill, as I said in my opening re- that is before us in the form this after- That was a few years ago when we had marks, is as important a piece of legis- noon. The debate we are having now on the luxury, for 6 years, of being in the lation as the Senate has dealt with, an amendment relative to a provision majority. which has created no interest in the of the legislation having to do with the I want to say that the majority, the general public at all outside, of course, relationship between the providers of Republicans, should be very proud of of the various entities that are in the cable television product and the pur- the new chairman, Senator LARRY business itself. To reach as good a con- chasers of that product is, to me, illus- PRESSLER, who has managed this bill. clusion as we seem to have reached and trative of a concern, a process that This is his first chairmanship of a to have done it in such a bipartisan seems to have been too much operative major committee. That is rather excit- fashion brings great credit, in my view, in the development of this legislation ing to him and I am sure to his family. on the chairman of the committee, but and in its consideration. That is a proc- I want to say for the record that for very, very much credit on my good ess which essentially says that the this Senator, who has watched those friend from South Carolina, whose wis- Congress, as the elected representa- who come to the floor for the first time dom and guidance and views on this tives of the people, serve the role of managing a bill, that this Senator de- subject are very much impressed in the ratifiers of private agreements devel- serves our congratulations for the good bill itself and are vitally important to oped among the parties who will be af- job he has done. our success. fected by this legislation. This was a tough bill. It will stand in The PRESIDING OFFICER. The Sen- Reference was made earlier to the his accomplishment list high on the ator from South Carolina. model of President Truman and a rail- ladder, to have managed this great bill Mr. HOLLINGS. Mr. President, let road strike that occurred after World which will bring great, positive change me thank our distinguished colleague War II. He initially had proposed a con- for our country and for millions of peo- from Washington for his overgenerous gressionally mandated solution. Then ple. My congratulations to him here remarks, although undeserved they are the parties decided that maybe they today. I imagine that with this good ef- greatly appreciated. I join the Senator could go back to the bargaining table fort, we can look for many more under from New Mexico and join in the senti- and arrive at a resolution. I think that his chairmanship. ments of both the Senators from New is an appropriate manner for the reso- Obviously, it goes without saying Mexico and Washington, that our dis- lution of a labor-management dispute. that the distinguished ranking mem- tinguished chairman has done an out- But we are not here talking about a ber, who I have been on the floor with standing job here in handling this bill. labor-management or other commer- on the other side when he was chair, It has been totally in a cooperative cial controversy. We are talking about when I was chairman, that he always fashion and in a very, very considerate one of the most fundamental aspects of does a great job managing the bill, fashion of everyone’s amendments. a democratic society, and that is con- from whichever side, majority or mi- When you begin to appreciate that, I trol of ideas and their dissemination. nority. I want to congratulate him for think, a 1-cent increase in a 1-minute That is a role in which any democratic getting this bill through. It is great to telephone rate nationwide equals $2 bil- government has a key responsibility. It have something totally bipartisan. It lion, then you begin to see why that has been a fundamental part of this Na- will be very bipartisan. other room stays filled up. They are tion since the adoption of the first When we have major problems to be not going to leave until we get through amendment to the Constitution, which solved for the country, we cannot al- the conference. So we just started that guarantees freedom of press and free- ways do it that way, but it sure is nice, journey of 1,000 miles with the first dom of speech. and the public ought to be proud the step. I hope we can continue with the So we here are not talking as rati- Democrats and Republicans are work- success we have had thus far. fiers of some private agreement as to ing together on this bill. I will even elaborate further when we how ideas would be made available to Mr. PRESSLER. Mr. President, I get more time, because other Senators the American people. We are here as want to sincerely thank the Senator want to speak, but Senator PRESSLER the representatives of the American from New Mexico who chairs our Budg- has done an amazingly outstanding job. people, to try to structure a process of et Committee so well. I have watched Mr. PRESSLER. Mr. President, I communications law that will best him so often, and words from him mean thank the Senator from Washington. serve the interests and the values of a great deal. We thank the Senator He has been key in moving this bill for- the American people today and, in a very much for his statement. ward. I see he has moved to another highly dynamic era, into the future. Mr. GORTON. Mr. President, I heard part of the room. But his wise counsel I started my consideration of this the remarks of my distinguished col- has been very much—I know he has legislation from a basic economic league from New Mexico, and I can managed that enormous product liabil- premise of support of the marketplace simply echo them from the perspective ity bill in our committee. But on this as the best allocator of resources. of membership on the Commerce Com- committee he has just done—this bill While Governor of Florida, I actively mittee. would not be here if it were not for the supported the deregulation of a number June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8451 of our industries. I supported the to compete with the regional phone of the press, he would take free speech delicensure of professions where I felt companies at such time that the re- and freedom of the press because, if licensure was not serving an adequate gional phone companies get into the you did not have those fundamentals, public purpose. Thus, I started with a cable TV business. That is a statement you would not have a free government presumption of support of appropriate that they are not being clandestine or for long. And if you lost the free gov- opening up to the marketplace as the secret about. They are telling us that ernment but you still had people who regulator for access, quality and cost they are going to use this remaining could have the freedom to speak and of the communications industry. period of monopoly as a means of rais- the freedom to communicate ideas, you I, regretfully, find two principal de- ing rates in order to be in a strength- would build eventually a base for a res- fects in the way in which we have im- ened position when they are in a com- toration of free government. plemented that movement towards the petitive market. I think we will find it This issue is as fundamental as our marketplace. First, I do not believe very difficult to explain to our citizens basic precepts of democracy and what that this legislation adequately creates why we tolerated what I think is a is required for a functioning democ- the free, robust, competitive market- basic abuse of the free enterprise sys- racy. place to which we can, with confidence tem. I am very concerned about the effect turn in lieu of our tradition of regula- Second, as an example of where this of the concentration of power within tion as a means of assuring open, qual- legislation fails to assure that there this legislation, a concentration of ity, affordable communications in this will be, in fact, an open, competitive power which I do not believe is nec- Nation. I would just cite two examples marketplace before we trade in regula- essary in order to accomplish the ob- of provisions which I think undercut tion as a means of assuring the public jectives of a greater role of the mar- that confidence that we will have a free access quality and cost control is the ketplace in the allocation of commu- market that will be the means by issue of the role of the Department of nications technology. which we will achieve desirable public Justice as it relates to the entry of re- Why do we have to lift totally the ends. gional telephone companies into long number of television stations that an First, as it relates to cable tele- distance. individual entity can own in order to vision, we saw from 1984 until 1992 a pe- In the legislation that was before us get the benefits of technological inno- riod in which the Congress had denied last year, the Department of Justice vation in telephones or in television or to States and local governments their continued to have a role in terms of video or other services? I believe that traditional role of providing some reg- evaluating specific proposals to deter- this legislation is being used as a ulation for cable television. What we mine if they met basic standards of means by which to accomplish other saw was not only an escalation of cost antitrust before they could go forward. ends, which are to concentrate power of cable TV, but in many communities That provision has now been elimi- in an area that is critical to a demo- an escalation of arrogance, as the cable nated. So we are going to have compa- cratic society. I have little doubt that, TV companies did not provide what nies going into the long-distance busi- if this legislation is passed in its cur- consumers considered to be an ade- ness by meeting a checklist supervised rent form, within a few years from this quate level of service. In some areas, by an agency that has not had the kind afternoon we will see a handful of firms parts of the city which had the affluent of background and tradition of ferret- control the large majority of television neighborhoods were wired for cable TV, ing out anticompetitive schemes as has stations in the United States. It frank- while those areas of the city that did the Department of Justice. ly frightens me to see that kind of not have adequate income base to meet I believe that we are going to see the power turned over to a few hands. I do the economic needs of the cable TV potential—when a person moves into a not see what benefit the consumers are system were denied any service at all. new neighborhood and calls the tele- going to receive by that. I believe that Beginning in 1992 there was a process phone company and asks to have their will be the inevitable result of this leg- of partial reregulation. We have seen local service connected, then they are islation. I do not see what purpose in significant benefits by that. We have asked what long distance they want, the general thrust of this legislation is seen a reduction in the cost of cable TV there will be the potential of the local advanced by that kind of an open invi- for most American families. At the concern to tout, or otherwise steer, the tation to concentration of power and same time we have seen a cable TV in- local service customers to that same control over the access to ideas in our dustry which is at an all-time high in firm’s long-distance service. That democratic society. terms of its economic prosperity. Yet, would be very much in the economic So I believe that this legislation had part of this legislation is going to be to interest of the local service to do. a worthy goal to bring modernity, a roll back the progress that was made To provide sanctions and protections recognition of the changes in tech- just 3 years ago in terms of providing against exactly that type of situation, nology, to give us a chance for a great- some control, even though that control we ought to have the Department of er access to the benefits of a rapidly would fall away when it was estab- Justice playing a role in making that changing telecommunications industry lished that there was in fact a competi- judgment as to whether there is in fact but that we have fallen short of those tive marketplace where people had op- a free and open market before we trade goals by failure to assure that there tions and choices and could use the in our regulation that has provided will be a functioning free market be- marketplace as the means of assuring consumers some protection. fore we drop the protections of even access, quality, and cost control. That So I think, first, this legislation fails minimal regulations such as those that provision is now out of this legislation. to meet the basic premise upon which are available today for cable TV cus- I think with it also has flown a signifi- it is based; that is, that we will have tomers, and we have allowed the gen- cant amount of the rationale of allow- meaningful competition as a substitute eral goal to be held out under which ing the marketplace to provide the al- for regulation in the communications was buried efforts to concentrate eco- ternative to regulation. In this case we area. nomic power which has the potential to have neither an open marketplace nor Second, I believe that we cannot use damage our democratic society. do we have any meaningful regulation. the analogy that I have heard on the So it is, Mr. President, with a sense I might say that I have had a number floor over the past few days of commer- of disappointment that I announce my of contacts in our office from rep- cial products as a direct parallel to the inability to support this legislation in resentatives of the cable TV industry, service of communications. its current form. I hope that by stating and they are very candid in their state- The reality is that ideas are not like the basis of my opposition, that might ments. Their statements are that they shirts or shoes or hamburgers or other contribute to further reforms before want to have this period of no regula- products where there clearly have been this legislation is finally adopted, fi- tion while they still are in a monopo- benefits by having an unfettered, free nally resubmitted to us out of a con- listic position—that is, without effec- market. ference committee, so that we will tive competition within their market Thomas Jefferson once observed that, have legislation that can draw the kind area—so that they can build up their having to make choice between free of broader support for change, I be- cash position to be in a better position government and free speech or freedom lieve, as fundamental—I would say as S 8452 CONGRESSIONAL RECORD — SENATE June 15, 1995 radical—as this should have before it is communications from my State. They The distinguished Senator from Con- adopted. will have available all of the modern necticut [Mr. LIEBERMAN] this after- Thank you, Mr. President. convenience where they are going to noon offered an amendment to correct Mr. STEVENS. Mr. President, I rise be. those cable rate rises. Unfortunately, merely to congratulate my good friend, That is something which could not his amendment was not agreed to. I the Senator from South Dakota, and even be dreamed of when I first went to supported that amendment, which was also my friend from South Carolina for Alaska, and now we are in a situation an important consumer amendment. their management of this bill. It is a where we see people moving into our In addition, Mr. President, on the bill that means a great deal to rural State from all over the country, if not amendment by the distinguished Sen- America in particular. We have the world, to utilize our wilderness, our ator from North Dakota [Mr. DORGAN] watched developments in the last part beautiful surroundings, and at the to keep the concentration of TV owner- of this century with awe. I think the same time maintain contact with the ship at the current cap of 25 percent, developments that are coming now will rest of the world through telecommuni- the amendment failed after some heavy startle our imagination. I am talking cations. This bill, as I said, means lobbying by interests that are inter- about the developments in tele- more to us than I think it does anyone ested in further concentration of communications and technology. in the Senate. broadcasting station ownership. When I came to the Senate, the Army I thank the Chair. There are some good things in the ran our only communications system. Mr. BYRD addressed the Chair. bill, including in particular the initia- It was a telephone system. We had also The PRESIDING OFFICER (Mr. tive authored by my colleague from the wireless and telegraph capability. THOMPSON). The Senator from West West Virginia, Mr. ROCKEFELLER, that We are moving now into the next cen- Virginia. extends the traditional concept of uni- Mr. BYRD. Mr. President, I shall use tury. Because, I think, of the work the versal service which is essential for our such time as I may require under the Senate has done in this area, we are State and broadens it to include afford- time allotted to any Senator under the moving into the 21st century with ev- able rates for such institutions as hos- cloture rule. I shall not be long. eryone in the country, and we are prob- The purpose of this bill is to estab- pitals, secondary schools, and libraries, ably ahead of everyone else in the lish a framework to introduce more bringing the future information high- world. The real necessity now is to de- competition into the telecommuni- way and the services it can give to vise a system that will carry us on be- cations sector and break down the cur- every person—down to the basic infra- yond this developing technology into rent system of large monopolistic structure for learning and health an era of really free competition with- fiefdoms which characterize this mar- care—to West Virginia. I congratulate out regulation in which the ingenuity ket. my colleague, Mr. ROCKEFELLER, on and really resourcefulness of the Amer- In addition, there is an attempt to this item, and I enthusiastically en- ican entrepreneur will bring us better deregulate cable and broadcasting sec- dorse it. and better and better communications. tors in an attempt to strike a com- In addition, the Senators from North Communications now have reached promise between the current regu- Dakota and Nebraska, Senators the point where at least in my State latory environment and the desire for CONRAD and EXON, have authored valu- they dominate our educational pattern. additional competition in those mar- able amendments to take steps to re- They dominate the health care delivery ketplaces. The question is, Does the duce violence and obscenity on TV in system. They dominate our total com- bill go far enough in doing this? Can we this bill, and we sorely need to take munications system in terms of busi- predict how successful it will be? What that kind of action. ness. are the dangers that additional influ- Given these worthy provisions, I also In a State that is one-fifth the size of ence by big corporations, big entities, take note of the observations made the United States, the one single factor will result despite the intentions of the earlier by the distinguished Senator that makes us equal is the equal access hard-working managers of the bill, the from Nebraska [Mr. KERREY] regarding to the most recent developments for distinguished Senator from South Da- the quality of the message and pictures telecommunications. I think this bill kota, the chairman, Mr. PRESSLER— going over the airwaves and the land will assure that in this interim period and I compliment him on his manage- lines. The issue is the manipulation now as we shift from the 1934 Commu- ment of this bill and the work that he and control of information made avail- nications Act into a period where we has done on the bill during the com- able to our citizens. Wide choice and will have very, very little regulation of mittee process, throughout the hear- quality programming must be avail- communications, which I think should ings and the markup—and the ranking able. Essential information must be start sometime between 2005 and 2010 is member, whom I compliment, the dis- available to our people so that inde- where I see it in terms of the develop- tinguished Senator from South Caro- pendent judgments can be made. Big- ments of technology that have been re- lina [Mr. HOLLINGS] the former chair- ness, big programming, cavalier con- ported to us thus far. Developments are man of the committee, straight as an cern for consumer choice and diversity still on the drawing board in some in- arrow in his physique, straight as an of viewpoint seem to go hand in hand. stances, developments that are really arrow in his integrity and honesty and We need to take care that we do not being applied from our space research straightforward manner. allow our media to hollow out the es- in other instances. Certainly it is intuitive that prices sence of information and diversity of I do believe the work the Senator will drop with additional competition viewpoint which are essential to creat- from South Dakota and the Senator in the telephone marketplaces that ing an informed citizenry. Certainly, from South Carolina have done along might eventually occur, but the impact we ought to focus a great deal of atten- with their staffs in perfecting this bill of bigness on the pending bill, which is tion on the effect that such legislation so we can take it now to the House and, attempting to reduce bigness, gives me as we have before us today enhances hopefully, early to conference will great pause. and informs citizenry and erects bar- mean that we are going to have a There is a substantial possibility riers to the power of great financial change, an immediate change in this that three-quarters of West Virginia’s and technological interests that care country. It will be a change for the cable TV viewers will pay higher prices only about manipulation, control, and best as far as Alaska is concerned. for this service as a result of the bill. the bottom financial line. I close by just remarking that the This is because the definition of This is a very big and complex bill other day I heard about a young family ‘‘small’’ cable company included in the dealing with a range of businesses and that has moved to Alaska from some- leadership amendment on this floor interests that are vast, wealthy, and where around the San Francisco area. would include about 74 percent of our powerful. We have not had enough time They bought an island, and they have West Virginia cable viewers. Even if to adequately debate the very impor- moved themselves and their small busi- they take the most basic cable service, tant amendments in this bill. We ness up to that island. They are going it is subject to deregulation and the should not be invoking cloture. I voted to continue to conduct their business price can go through the roof before against cloture on yesterday. I was one in the San Francisco area by tele- the ink is dry on the conference report. of the few who voted against it. We June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8453 should not be invoking cloture to trun- Limits on multiple ownership would be with amendments designed to censor con- cate the doing of the legitimate busi- eased by the bill, so that any individual tent, whether on cable TV or in the ness with adequate debate on this kind owner could control stations serving up to 35 cyberspace of the Internet. The provisions of measure. percent of the country (50 percent in the would probably be struck down by courts as Cloture is for filibusters. Cloture is even crazier House version), versus 25 per- antithetical to the First Amendment any- cent now. There would be no limit on the way, but legislators know how well it plays not intended to shut off legitimate de- number of radio stations owned. Cable and back home when they attack ‘‘indecency’’ on bate on important business such as phone companies could merge in municipali- the House or Senate floor. this. Senators and their constituents ties with populations up to 50,000. Late yesterday Sens. (D- are shortchanged by this technique, Broadcast licenses of local TV stations Calif.) and Trent Lott (R-Miss.) called for an and it is not in the highest traditions would be extended from a five-year to a 10- amendment requiring cablecasters to of this deliberative body. year term and would be even more easily re- ‘‘scramble’’ the signals of adults-only chan- Mr. President, finally, the episode newed than they are now. It would become nels offering sexually explicit programming. The signals already are scrambled, and you over the last 2 days regarding the nearly impossible for angry civic groups or individuals to challenge the licenses of even have to request them and pay for them to transparent threats by one big con- the most irresponsible broadcasters. get them. Not enough. Feinstein and Lott glomerate, Time Warner, to threaten In addition, the rate controls that were im- said: they must be scrambled more. the future of a business arrangement posed on the cable industry in 1992, and have The amendment passed 91–0. unless the Senate agrees to remove a saved consumers $3 billion in the years since, It’s a mad, mad, mad, mad world. would be abolished, so that your local cable An amendment expected to be introduced particular provision from the bill is an today would require that the infamous V- company could hike those rates right back outrageous illustration of the kind of chip be installed in all new television sets, influence peddling and pushing that up again. Sen Bob Dole (R-Kan.), majority leader and and that networks and stations be forced to surrounds this legislation. presidential candidate, is trying to ram the encode their broadcasts in compliance. The The senior Senator from Nebraska legislation through as quickly as possible. V-chip would allow parents to prevent vio- [Mr. EXON] has drawn the attention of Tomorrow he wants to take up the issue of lent programs from being seen on their TV sets. Of course, they could turn them off, or the Senate to the kind of intrusion welfare reform, which is rather ironic consid- switch to another channel, but that’s so into the legislative process that is il- ering that his deregulation efforts amount to much trouble. Why not have a Big Brother a bounteous welfare program for the very, lustrated by the threat that Time War- do it for you? ner has engaged in. One cannot help very, very rich. The telecommunications legislation is Dole made news recently when he took but wonder what leads a big organiza- being sponsored in the Senate by Commerce Time Warner Co. to task for releasing vio- Committee Chairman Larry Pressler (R- tion like Time Warner to think that it lent movies and rap records with incendiary S.D.), whose initial proposal was that all can actually affect the legislative proc- lyrics. His little tirade was a sham and a limits on multiple ownership be dropped. ess in this way. smoke screen. Measures Dole supports would What does this episode say about the Even his supporters laughed at that one. enable corporate giants such as Time Warner Dole is the one who’s ramrodding the legis- perception of the integrity of the Sen- to grow exponentially. lation through, and it’s apparently part of an ate that prevails among the big con- ‘‘Here’s the hypocrisy,’’ says media activ- overall Republican plan for American media, cerns that mold public opinion? What ist Andrew Jay Schwartzman. ‘‘Bob Dole sits and most parts of the plan are bad. They in- leads such concerns to think that they there on ‘Meet the Press’ and says, yes, he clude defunding and essentially destroying can get away with this kind of black- got $23,000 from Time Warner in campaign public television, one of the few wee alter- contributions, and that just proves he can’t mail? natives to commercial broadcasting and its be bought. He criticizes Time Warner’s cor- junkiness, and even, in the Newt Gingrich There is too much money pushing porate responsibility and acts like he’s being around this legislative product and wing of the party, abolishing the Federal tough on them, but it’s in a way that won’t Communications Commission, put in place process. It is totally inappropriate, and affect their bottom line at all. decades ago to safeguard the public’s ‘‘inter- I congratulate the distinguished Sen- ‘‘Meanwhile he is rushing to the floor with est, convenience and necessity.’’ ator from South Carolina on his state- a bill that will deregulate cable rates and ex- It’s the interest, convenience and necessity ment, and I shall support him in his pedite the entry of cable into local telephone of media magnates that appears to be the urging that the amendment not be service, and no company is pressing harder sole priority now. ‘‘The big loser in all this, for this bill than—guess who—Time War- of course, is the public,’’ wrote media expert agreed to. ner.’’ For the reasons stated, I shall also Ken Auletta in a recent New Yorker piece Schwartzman, executive director of the about the lavishness of media contributions vote against the bill on final passage. Media Access Project, says that the legisla- to politicians. The communications industry Mr. President, I ask unanimous con- tion does a lot of ‘‘awful things’’ but that the is the sixth-largest PAC giver, Auletta sent to have printed in the RECORD an worst may be opening the doors to ‘‘a huge noted. article by Tom Shales that appeared in consolidation of broadcast ownership, so Viacom, a huge media conglomerate, had the June 13, 1995 edition of the Wash- that four, five, six or seven companies could plans to sponsor a big fund-raising breakfast ington Post, along with a letter from own virtually all the television stations in for Pressler this month, Auletta reported, Time Warner, dated June 13, 1995, to the United States.’’ but the plans were dropped once Auletta Gene Kimmelman, co-director of Consum- started making inquiries: ‘‘Asked through a Senator PRESSLER; and a letter from ers Union, calls the legislation ‘‘deregula- spokeswoman about the propriety of a com- Senator PRESSLER to Mr. Timothy tory gobbedygook’’ and says it would remove mittee chairman’s shopping for money from Boggs of Time Warner, dated June 15, virtually every obstacle to concentration of industries he regulated, Pressler declined to 1995. ownership in mass media. The deregulation respond.’’ There being no objection, the mate- of cable rates with no competition to cable The perfect future envisioned by the Re- rial was ordered to be printed in the firmly in place is ‘‘just a travesty,’’ publicans and some conservative Democrats RECORD, as follows: Kimmelman says, and allowing more joint seems to consist of media ownership in very ventures and mergers among media giants is few hands, but hands that hold tight rein [From the Washington Post, June 13, 1995] ‘‘the most illogical policy decision you could over the political content of reporting and FAT CAT BROADCAST BONANZA make if you want a competitive market- entertainment programming. Gingrich re- (By Tom Shales) place. cently appeared before an assemblage of It’s happening again. Congress is going The legislation would also hand over a new mass media CEOs at a dinner sponsored by ever so slightly insane. The telecommuni- chunk of the broadcast spectrum to commer- the right-wing Heritage Foundation and re- cations deregulation bill now being debated cial broadcasters to do with, and profit from, portedly got loud approval when he griped in the Senate, with a vote expected today or as they please. Digital compression of broad- about the oh-so-rough treatment he and fel- tomorrow, is a monstrosity. In the guise of cast signals will soon make more signal low conservatives allegedly get from the encouraging competition, it will help huge space available, space that Schwartzman re- press. new concentration of media power. fers to as ‘‘beachfront property.’’ Before it Reuven Frank, former president of NBC There’s something for everybody in the even exists, Congress wants to give it away. News, wrote about that meeting, and other package, with the notable exception of you Broadcasters could use the additional troubling developments, in his column for and me. Broadcasters, cablecasters, tele- channels for pay TV or home shopping chan- the New Leader. ‘‘It is daily becoming more phone companies and gigantic media con- nels or anything else that might fatten their obvious that the biggest threat to a free glomerates all get fabulous prizes. Congress bank accounts. press and the circulation of ideas,’’ Frank is parceling out the future among the com- There’s more. Those politicians who are al- wrote, ‘‘is the steady absorption of news- munications superpowers, which stand to get ways saying they want to get the govern- papers, television networks and other vehi- more super and more powerful, and certainly ment off our backs don’t mind letting it into cles of information into enormous corpora- more profitable, as a result. our homes. Senators have been rushing forth tions that know how to turn knowledge into S 8454 CONGRESSIONAL RECORD — SENATE June 15, 1995 profit—but are not equally committed to in- be reached at my office at 202/457–9225 or at their turf. Everybody has wanted, as quiry or debate or to the First Amendment.’’ home at 202/483–5052. the saying has been repeated on the The further to the right media magnates Warm regards, floor earlier, ‘‘a fair advantage.’’ The are, the more kindly Congress is likely to re- TIMOTHY A. BOGGS. goal of the committee has been to try gard them. Most dramatic and, indeed, ob- to make sure that it was just fair to noxious case in point: Rupert Murdoch, the U.S. SENATE, Fox mogul whom Frank calls ‘‘today’s most COMMITTEE ON COMMERCE, SCIENCE, AND everybody. powerful international media baron.’’ The TRANSPORTATION, It has been very difficult. A lot of ef- Australian-born Murdoch has consistently Washington, DC, June 15, 1995. fort has gone into it, but I believe we received gentle, kid-glove, look-the-other- Mr. TIMOTHY A. BOGGS, have accomplished the goal we have set way treatment from Congress and even the Senior Vice President for Public Policy, Time out to accomplish. And I believe that regulatory agencies. When the FCC got brave Warner, Inc., Washington, DC. we will have an overwhelmingly bipar- not long ago and tried to sanction Murdoch DEAR MR. BOGGS: Your faxed letter of June tisan vote when we get to final pas- 13 contains misleading statements which do for allegedly deceiving the commission about sage. where he got the money to buy six TV sta- not accurately reflect my position. tions in 1986, loud voices in Congress cried On May 4, 1995, I met briefly with you, Ron So I wanted to take this early oppor- foul. Schmidt and HBO/Time Warner executives, tunity, in advance of the vote to thank These included Reps. Jack Fields (R-Tex.) in the presence of my staff, regarding the and commend the managers of this bill, and Mike Oxley (R-Ohio), Daily Variety’s program access provision of S. 652. During Chairman PRESSLER and the ranking headline for the story, ‘‘GOP Lawmakers that meeting, HBO/Time Warner urged me to member, Senator HOLLINGS of South Stand by Murdoch.’’ They always ??? Indeed. support deletion of the program access provi- Carolina, the former chairman, who Oxley was behind a movement to lift entirely sions of the bill. have really done outstanding work. the ban on foreign ownership of U.S. tele- I stated that the program access provision I also want to commend the majority vision and radio stations. He wanted that to was of enormous importance to small cable and minority leaders, Senator DOLE be part of the House bill, but by some mir- operators, including those in South Dakota. acle, this is one cockamamie scheme that I suggested that if the program providers dis- and Senator DASCHLE. I have com- got quashed. liked the provision, they ought to negotiate mented to both of them that I believe Murdoch, of course, is the man who wanted with the small cable operators to reach an this is the best example I have seen to give Gingrich a $4.5 million advance to agreement which might address the problems this year of our leaders working to- write a book called ‘‘To Renew America,’’ this portion of S. 652 is attempting to solve. gether and our managers working to- until a public outcry forced the House speak- Specifically, since Ron Schmidt is from my gether for what is in the best interest er to turn it down. He is still writing the home state, I suggested that he talk to a of the country, not the best interest of small cable operator from South Dakota, book for Murdoch’s HarperCollins publishing one party or the other, or one segment company. The huge advance was announced Rich Cutler, to see if an industry com- last winter, not long after Murdoch had paid promise were possible. of the telecommunications industry or a very friendly visit to Gingrich on the Hill At no time during our conversation did I the other, but what is the right thing to whine about his foreign ownership prob- indicate that any specific action by Time to do. lems with the FCC. Warner would result in deletion of the pro- It has been a long struggle, and it Everyone knows that America is on the gram access provisions. I have had no further would not have been possible without edge of vast uncharted territory where tele- conversations with HBO/Time Warner about the type of bipartisan cooperation and communications is concerned. We’ve all read this matter since that meeting. My staff has strong leadership that we have seen about the 500-channel universe and the entry not portrayed my position as being anything other than the industry negotiations sug- here. The legislation is truly a remark- of telephone companies into the cable busi- able achievement. For 20 years, Con- ness and some sort of linking up between gested on May 4. Nothing I said during our home computers and home entertainment short meeting could be construed as suggest- gress has been trying, struggling to get centers. In the Senate debate on the deregu- ing some sort of quid pro quo, which would comprehensive communications re- lation bill last week, senators invoked im- be wrong, if not illegal. I resent the inference form—without success. But we are on ages of the Gold Rush and the Oklahoma in your letter that I suggested something the verge of seeing that happen. land rush in their visions of this future. other than an industry-negotiated solution. So this is a historic act that will But this gold rush is apparently open only Your letter indicates that failure to delete bring, I think, a tremendous boost to to those already rolling in gold, and the land the program access provisions from the bill our economy and our standing commu- would vitiate any negotiated agreement is available only to those who are already nications policy that will take us into big landowners—to a small private club HBO/Time Warner had reached with the whose members are all enormously wealthy small cable operators. While HBO/Time War- the 21st century. and well connected and, by and large, politi- ner is free to negotiate contracts as they see I believe that we will see a tremen- cally conservative. It isn’t very encouraging. fit, such tactics, in my opinion, cannot be dous growth and expansion in this In fact, it’s enough to make you think that considered as good faith negotiations. Your area—new innovation, new ideas, with the future is already over. Ah, well. It was letter implies that I tacitly approved such a the utilities being involved, along with nice while it lasted. condition, which is not the case. the Bells, the long distance companies I expect you to send this letter to the same and cable companies. There are going TIME WARNER, individuals who received your letter to me. Your letter is misleading, and does not accu- to be jobs created and the economy will Washington, DC, June 13, 1995. grow and expand in this area. As a Hon. LARRY PRESSLER, rately characterize my position as presented Chairman, Committee on Commerce, Science and in my May 4 meeting with HBO/Time War- member of the Commerce Committee, I Transportation, U.S. Senate, Washington, ner. am proud to have been a part of this ef- DC. Sincerely, fort. DEAR CHAIRMAN PRESSLER: As you re- LARRY PRESSLER, I commend the chairman, in particu- quested, the attached signature page con- Chairman. lar, because I do not know of anybody firms that Home Box Office has reached an Mr. LOTT addressed the Chair. else that could have done it at this par- agreement with the National Cable Tele- The PRESIDING OFFICER. The Sen- ticular time. He has been persuasive vision Cooperative, Inc. for HBO program- ator from Mississippi. and doggedly persistent. I wish I had a ming. As discussed with you and your staff, Mr. LOTT. Mr. President, I presume nickel for every time that he said to this agreement is entirely contingent on the that within the hour, we will get to removal of the program access provisions at the distinguished leader, ‘‘We are ready Section 204(b) of S. 652, prior to Senate ac- final passage of this very important to go. When can we get on the sched- tion on the legislation. legislation. I think it is appropriate ule? Is it alright if we go ahead and On behalf of Time Warner and HBO, I am that we take note of a little bit of the move it?’’ pleased to report that we have reached this effort that went into it. How did the Chairman do it? He agreement and respectfully request that this First, I want to refer again to the opened the process to the full commit- provision be removed from the bill at the title of this bill: Telecommunications tee. He involved everybody. He went to earliest possible opportunity. Without re- Competition and Deregulation Act of all of the committee members. I re- moval of this provision from the bill, the 1995. I think that is really what it is, member the first meeting we had in his HBO distribution agreement with the NCTC will be void. but it has been a monumental under- office. Yes, he worked with the Repub- Thank you for your leadership on this mat- taking. You have had the behemoths of licans, but he did not stop there. He ter. Please feel free to contact me if I can be the industries on both sides struggling went to the Democrats and he did not of any assistance to you or your staff. I can mightily to protect their interests— talk through people to the former June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8455 chairman; he went directly to him. is every bit as big and as important as recall when we had the markup in the When we got our first draft, he hand- the balanced budget resolution we Commerce Committee, the issue was to delivered it to the Members. The lead- passed. It will have a tremendous im- try to move this bill along as quickly ership was involved every step of the pact on the economy, and I believe it as possible. I understood that morning way. Months of negotiations were held will greatly help our country’s future. the need in a couple of hours to move before we had the eventual agreement, I yield the floor. this bill out of committee. But we dis- and when we finally agreed upon the Mr. PRESSLER. Mr. President, if I cussed at some length there about the core, the entry test, he stuck with it in may for a minute, I want to thank the opportunity to offer amendments on the markup and on the floor. Also, the Senator from Mississippi, and Chip, his the floor of the Senate and to try to distinguished Senator from South able assistant. I will be saying more correct some of the areas that rep- Carolina stuck with it. later about thanking people. But the resented concerns. So I just have to say Senator PRES- bill would not have happened without I voted for it coming out of commit- SLER is one who gets the job done. He him. Every time I went to him as my tee, but I did, in the committee, ex- certainly did it here. The country will deputy leader, he was there. I do not press the very concerns that I brought be better off because of his leadership know how you get enough hours in the to the floor about concentration of on this bill and on the committee. I day to do all the things we ask you, but ownership of television and radio sta- look forward to working with him in you were there, and I thank you very tions and my concerns about an ade- many other instances in the future. much for your kind comments. quate role for the Justice Department Senator HOLLINGS’ leadership and co- Mr. HOLLINGS. Mr. President, let on the issue of RBOC entry into long operation deserves great praise. I have me also join in my thanks to the dis- distance. had him on the other side of issues, and tinguished Senator from Mississippi. When I came to the floor, we had an I did not appreciate it a bit. He was When we really got into trouble, I went opportunity to fully debate them. I tough. But, boy, is it fun when he is to the Senator from Mississippi. He compliment the two leaders on the with you. It has really been a pleasure paved the way all the time in the 2 floor. They were very cooperative. For to work with him. He is a man of his years previous here working on this that I am appreciative. word. When he tells you he is going to bill and, of course, all this year. I can- I suffered one of these unusual expe- stay put, he does—even when he has not thank him enough. We could not riences of having won briefly and then pressure on his side of the aisle not to. have had this bill without his leader- lost on an amendment I cared a great This would not have been possible ship. deal about: that is my amendment on without his cooperation, experience, Mr. DORGAN addressed the Chair. television ownership. and his perseverance. The PRESIDING OFFICER. The Sen- We now restrict ownership to 12 tele- I also thank some tremendous staff ator from North Dakota. vision stations and we limit the audi- people: Paddy Link, staff director for Mr. DORGAN. Mr. President, I can- ence reach to 25 percent. These limits Senator PRESSLER, and his counselors, not help but observe the thankfulness prevent a concentration of media own- Donald McClellan and Katie King. For that is going on here. I was standing ership in this country. This bill says Senator HOLLINGS, I thank Kevin Cur- here listening, and I thought to myself, that there is no limitation on how tain, John Winhausen, who has been in this Chamber the highest praise is many stations one can own, as long as around on this issue for some time, and usually reserved for those who are you do not cover more than 35 percent Kevin Joseph. For Senator DOLE, I ap- about to vote against you. of the country. preciate the efforts by David Wilson, I stand to give credit to the Senator I do not support that, and I brought and for Senator DASCHLE, Jim Webber. from South Dakota. I think the Sen- an amendment to the floor that would I have never seen many staff people ator from South Dakota has dem- have retained the existing limits. We work so well together. They worked onstrated real skill in moving this leg- debated it and voted. days and nights and weekends when we islation. I am, of course, indebted to At the end of the vote, my amend- were back in our States, and they the leadership of not only the Senator ment won by a vote of 51–48. It taught struggled along with it. So I think they from South Dakota, but the Senator me a lesson—this whole set of cir- deserve a lot of credit. I thank my own from South Carolina, with whom I have cumstances—because although I won staff assistant, Chip Pickering for his worked carefully for a long, long while. by a vote of 51–48, an hour and a half work on this issue. I have called him These have been difficult issues, no later, it turns out some folks had new the ‘‘peacemaker.’’ Blessed are the question about that. We are dealing opinions about this issue after having peacemakers, for most of them are with literally hundreds of billions of debated it for hours and days, and we dead. Many times I thought he was dollars in the American economy with had another vote. going to get himself killed and me, too, interest groups that have very substan- Then I learned that not all Members because he had me in the middle of my tial stakes in the outcome of this legis- are equal in this Chamber. Some have friends on both sides. So I appreciate lation. I understand the passion with a better grip in wrenching arms than the effort he put forward. which some people stand here and de- others, and I will be darned if I did not I want to thank some other people, bate to push their positions. lose. You win for an hour, and I guess like Larry Johnson, Kelly Algood, Ber- I started out very hopeful about this you lose forever, in these cir- nie Ebbers, Bernard Jacobs, and Eddie legislation and voted for it coming out cumstances. Fritz. All of these are Mississippians of the committee. I think there are ele- For that reason, I do not feel I can who have a direct interest and knowl- ments of this legislation that will be vote for the bill on final passage. I did edge in this area. They are on the long good for this country. I remain con- want to explain briefly that I view the distance side, they are on the Bell side, cerned, however, about the issue of issue of telecommunications reform as they are on the cable side, they are concentration of ownership in the tele- critically important to the United utility folks and broadcasters. vision and radio broadcasting. I remain States. Its development, its oppor- Although it is difficult in legislation concerned about the lack of the role of tunity for this country is a very sig- of this magnitude to agree on all is- the Justice Department in being able nificant issue. sues, I appreciate their insight, assist- to adequately enforce what I consider I admire the work of the two Mem- ance and understanding of what I was to be vital antitrust issues. For those bers who brought this to the floor and trying to do. They made it possible for reasons, I do not feel I am going to be have spent days on the floor. I wish me to try to be helpful as we moved the able to vote for this bill on final pas- very much that the couple of major legislation along toward what will be sage. I say that with some disappoint- amendments I had offered would have right for the country and fair to the ment because I had hoped as we started been adopted, in which case I would competitors and the consumers. this process that we would be able to have been one to cast a yes vote on Again, I congratulate the managers. I successfully amend it on the floor of final passage. I hope the managers will am proud of them and proud to have the Senate. understand the reason for my no vote. been associated with them. This is The Senator from South Dakota and I expect when the votes are counted, truly historic. In many ways, this bill the Senator from South Carolina will this legislation will advance. I still S 8456 CONGRESSIONAL RECORD — SENATE June 15, 1995 have some hope that when this bill from owning a television station and a or rural health care providers on the iron comes out of conference committee the newspaper in the same community. range consulting with the top medical re- issues I have mentioned will be ad- Now, under this bill, you can own 500 searchers at the Mayo Clinic in Rochester to dressed. radio stations, 1,000 radio stations. You better treat their patients. I yield the floor. can own as many television stations as Mr. President, all of this is before us. Mr. INHOFE. Mr. President, I ask you want, as long as you do not control I felt like this bill presented to each unanimous consent to be recognized to more than 35 percent of the market as Senator a daunting—an exciting but address the Senate for not to exceed 12 determined by the Federal Commu- also daunting—responsibility. The con- minutes as in morning business. nications Commission. Can you imag- cern that I have has to do with whether Mr. President, I thank the Chair. ine some people—I will leave it to your or not we can make sure that there (The remarks of Mr. INHOFE pertain- imagination, and I will leave it to your will be true competition, and that this ing to the introduction of S. 928 are lo- imagination as to who it may be—can technology and information will truly cated in today’s RECORD under ‘‘State- you imagine some of the people in this be available to everyone in the Nation, ments on Introduced Bills and Joint not just the most privileged or the country who are very big in tele- Resolutions.’’) most wealthy. communications owning 1,000 radio sta- Mr. BUMPERS addressed the Chair. What has disappointed me the most— The PRESIDING OFFICER. The Sen- tions; 100 television stations? Let us and the Senator from South Carolina ator from Arkansas. face it, the newspapers are not nearly has to be one of the colleagues I most Mr. BUMPERS. Mr. President, what as powerful as the television stations. respect here in the Senate even when is the parliamentary situation? It is a concentration of communica- we disagree—is that over and over The PRESIDING OFFICER. We are tions power that I think is dangerous again where there have been amend- currently on amendment No. 1341 of to the country. ments to I think assure competition the telecommunications bill. So I believe that some ideological and to also protect consumers—I am Mr. BUMPERS. Mr. President, I ask bent or belief, not an empirical belief not just concerned about the alphabet unanimous consent I be permitted to but an ideological belief, a philosophi- soup corporations. I am also concerned speak for 5 minutes on the bill but not cal belief that the free market will about the people that live in Ferguson on the amendment. solve this problem—turn them all loose Falls or live in Virginia, Minnesota, or The PRESIDING OFFICER. Without to buy and sell these stations however live in Minneapolis or St. Paul or objection, it is so ordered. they will—it has not even worked in a Northfield. I was hoping that at least Mr. BUMPERS. Mr. President, I lot of the rest of our society. That is we could build in more protection for come to the floor to say that I have the reason we have an antitrust divi- consumers and more guarantees that concluded, after considerable debate sion down at the Justice Department. there would in fact be the competition with myself, not to vote for this bill on It was the very reason Teddy Roosevelt that we all talk about. final passage. It was not a decision eas- saw that the people were suffering from While I fully appreciate the potential ily reached. This is an immensely com- the gigantic trusts of his day. So from of this legislation, I am really worried plex bill. Frankly, there are very few that evolved the Sherman Act, the about where we are heading because I Senators in the U.S. Senate who really Robinson-Patman Act and all the other think there is going to be entirely too understand the full complexity and acts that protect people from what can much concentration of power. ramifications of this bill. become a tyranny. I would just simply build on the re- My decision is not based on whether I think it was Madison who said—and marks of my colleague from Arkansas. or not the baby Bells can get into the I sometimes wonder what James Madi- The media is the only private enter- long distance telephone market. That son would think today—but it was prise in the United States of America is a problem for me. But it is not near- James Madison who said the Congress, that has first amendment protection. ly the problem of the unlimited power the Congress is what stands between The reason for that, though we did not of people owning an unlimited number the people and what would otherwise have the same kind of communication of radio stations and television sta- surely become a tyrannical leader, ty- technologies we have today back in the tions, which I consider to be highly rannical government. days of Thomas Jefferson, was that the dangerous. Mr. President, for all of those reasons Founders of our Nation understood the I heard the Senator from Florida, history tells me we are about to make importance of the media and the im- Senator GRAHAM, this morning say a colossal mistake that will be very portance of information. And the im- that Thomas Jefferson once asked difficult to undo when we discover it portance of it was to contribute to an which would he choose between a free someplace down the road. informed electorate. We are talking government and a free press? He said I yield the floor. about something very precious here. he would always take a free press be- Mr. WELLSTONE addressed the I see a piece of legislation that will cause you cannot have a free govern- Chair. lead to way too much concentration of ment without a free press. The PRESIDING OFFICER. The Sen- power, way too much concentration of These airwaves of radio and tele- ator from Minnesota. power in a very, very important and vision stations can only be allocated by Mr. WELLSTONE. Mr. President, I decisive area of public life in the Unit- the Government. You cannot allow thought, with the permission of the ed States of America. That has to do people willy-nilly to take a particular Senator from South Carolina, I might with radio and television, and informa- channel in the airwaves for a radio or speak for 6 minutes or so before the tion, and who controls the flow of in- television station. That is what the final vote. formation. Federal Communications Commission So, Mr. President, I was hoping that Mr. President, this debate we have was set up to do, allocate those things. some of the amendments that were in- had on this bill has opened all eyes to And for years the Government gave troduced on the floor of the Senate the dazzling possibilities provided by away billions and billions of dollars’ that I think really would have provided our new, emerging information tech- worth of television station channels the consumer protection, that would nologies. I will quote from some of the and radio station channels. It has only have provided regular people—I do not speech that I gave several days ago been in recent years that the Govern- mean in a pejorative sense, but I mean during this debate. ment has decided it was being taken in a positive way—with some protec- and it ought to start making people bid I can imagine workers in rural Minnesota tion and which would have assured at public auction for those airwaves. telecommuting to and from work as far away some competition as opposed to more as New York or Washington without ever Incidentally, it has helped a great deal having to leave their homes or families. Or and more concentration of power, more in our efforts to balance the budget. We schoolchildren in a distressed Minneapolis and more very, very vital and impor- have been getting billions of dollars for school district reading the latest publica- tant areas being taken over by just a radio and television station channels tions at the Library of Congress via thin few conglomerates. It did not happen. on the airwaves. glowing fiber cables— I think we are making a mistake if There was a time not too long ago in Mr. President, this really excites me we pass this piece of legislation. I will this country when you were prohibited as a teacher. therefore, vote against it. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8457 I yield the floor. the floor from the different committee cations industry, and we have a lawsuit Mr. EXON addressed the Chair. members of the Commerce Committee, that has caused deregulation by a The PRESIDING OFFICER. The Sen- and it sounds like a funeral from time judge, and in fact it is just not the ator from Nebraska. to time on the floor of the Senate. right way to have deregulation. It does Mr. EXON. Mr. President, I will be There are so many accolades and po- not cover enough of the area to be fair very, very brief. I want to take 2 or 3 tential eulogies. But, in fact, I have to to all people concerned. The only way minutes if I could to congratulate the say that the accolades are really war- that we can be fair is to have everyone chairman of the committee, Senator ranted, and it is because this bill has at the same table and everyone give PRESSLER, and the ranking member, been so tough and so hard fought. And and everyone take a little bit. Senator HOLLINGS, who have struggled it has lasted for so long. So while I do not agree with every- long and through many difficult situa- What we have seen on the floor is the thing in this bill and while probably no tions—and that I have been with them tip of the iceberg. The work has been one who is voting on it agrees with ev- on—on many occasions. This is a bill going on in committee nonstop for so erything in it, I wish to commend the that is criticized, that as a bill is easy many months that it is correct for the chairman, the ranking member and the to vote against because voting against committee members who are so aware members of the committee who have the bill, if there is ever any problem, of all that has been done to be able to put their small differences aside to do you can always say, ‘‘Well, I voted say job well done. something that would move forward against the legislation.’’ It is a job well done not because any- this very important step that I think I happen to feel that this bill is very one feels victorious. It is a job well will be able to bring as much as $3 bil- important, and I rise in support of the done because nobody feels victorious. lion, maybe more, into our economy legislation that has been deliberated It is a job well done because it has been with new jobs and new opportunities on, been written and rewritten so a tough battle. It is because people and new technologies that we can then many, many times. I would have to say that we respect so much, the entre- export all over the world. It is an excit- that at least everyone has had their preneurs in the cable industry, the en- ing bill. It is an exciting time. It is an chance at an input on this piece of leg- trepreneurs in the long-distance indus- exciting opportunity for this Senate to islation, through what we worked on try, the local providers, the Bell com- take that one step forward. Let us do last year, reported out but never got panies that have been in business a what we can now and be ready to con- passed, and then taken up by Senator long time but have made huge capital tinue this fight until it is finished. PRESSLER when he became chairman of investments based on a regulatory Mr. President, I commend those who the committee; worked very hard and scheme that now is going to be taken have worked on it, and I thank you and very closely with Senator HOLLINGS. away—everyone in this business I re- I yield the floor. Certainly the bill before us, the tele- spect because they are providing jobs. The PRESIDING OFFICER (Mr. GOR- communications reform bill, is a good They are doing what we must do to TON). The Senator from South Dakota. bill, although not a perfect one. A bill continue to provide jobs in our coun- Mr. PRESSLER. Mr. President, I as complicated and as detailed as this try. again want to praise Senator one could be, I simply point out that it But what we are trying to do here is HUTCHISON and her staffer, Amy Hen- has many good features. It includes open the door even more. We are trying derson, for the many hours of work strong education provisions, including to provide more job opportunities. We they have done. I am going to recog- the Snowe-Rockefeller-Exon-Kerrey are trying to provide more opportuni- nize the staff. I do not know if I men- educational library, and rural health ties for the entrepreneurs in this coun- tioned this before, but our staffs met care discount provision. try to go out and improve the tech- night after night and on weekends, in It includes important market protec- nology and become a competitor addition to Senators participating. But tions, including the farm team provi- throughout the telecommunications the bill would not have happened with- sions of last year, all of which were in- field. out the Senator from Texas, and I corporated here in the bill this year. It So it has been a tough thing to bal- thank her very, very much. includes the Grassley-Exon infrastruc- ance the needs of all of these people Mr. HOLLINGS. Mr. President, let ture sharing provision. It includes the who are out there on the front line me also join in my gratitude for Sen- Communications Decency Act that we spending their money for capital to go ator HUTCHISON’s leadership. We all on debated and passed yesterday. It in- out and try to build a business that the committee worked very closely. cludes a revolutionary, and I think will make a difference for the consum- A moment ago my distinguished col- very positive, TV ratings system. It in- ers of America, that will add to the league from Arkansas gave me the cludes a strongly needed and fair uni- quality programming, add to the qual- theme that comes to mind. He con- versal service language. And it aban- ity of telecommunications and tele- cluded his observation that he was pre- dons the one-fits-all regulation that phone systems and video programming, pared to vote against the bill; that it has been a problem for a long time. and to also provide lower prices for would be a colossal mistake to pass The cable provisions in this bill are those consumers. this bill. still a disappointment to this Senator So the fact that there are no vic- Let me say in a word it would be a but were improved somewhat from the tories here is a victory in itself. I think colossal mistake not to pass this bill. I committee bill. that if we look at the overall, we are came to the Senate almost 29 years Final passage will take America’s only one step, but there is a finish line ago, and they were talking then. And I telecommunications industry off hold. that we have not yet crossed. After we immediately got on the Communica- Mr. President, it is time to move on vote this bill out of the Senate—and I tions Subcommittee, and I can see Sen- and pass this legislation. I thank the Chair. I yield floor. believe we will in a very short time— ator John Pastore, the chairman, talk- Mr. PRESSLER. Mr. President, I we are going to go to the House. The ing about revising the 1934 Communica- thank our friend from Nebraska for his House is going to pass a bill, and there tions Act. I worked very closely with numerous efforts on this bill as time will be differences, and those are going Senator Goldwater when he was the has gone forward. He and his staff have to have to be worked out in conference. chairman, and I have been the chair- been a key part of working on it. I And once again, all of the entre- man of the subcommittee and the full thank him very much for his spirit of preneurs and all of the people who have committee, and we worked time and cooperation. built businesses on a regulatory time again and we were prepared, as Mr. EXON. I thank my friend from scheme are going to come in and say, everyone now knows—the distin- South Dakota. ‘‘We have been treated in an unfair guished Senator from South Dakota, Mrs. HUTCHISON addressed the way.’’ And we are going to have to once now our chairman, was working with Chair. again do a balance between the House us—in the last closing moments to pass The PRESIDING OFFICER. The Sen- and Senate versions of this bill. But we the bill last year. ator from Texas is recognized. must do it because technology has It would be a colossal mistake not to Mrs. HUTCHISON. Mr. President, I leapt over the regulatory environment pass this bill. This bill is an excellent have been listening to the speeches on that we have in our telecommuni- bill. It did not do all things, but the S 8458 CONGRESSIONAL RECORD — SENATE June 15, 1995 truth of the matter is the experience He has been working on this bill for and, Earl Comstock with Senator STE- has been, with the breakup of AT&T, years and years, and he got a similar VENS. I must add that night after that what we have now is 500 competi- earlier version through the Commerce night, Chip Pickering helped lead a bi- tors in the long distance market. And Committee last year, where he has partisan team. Chip will someday be with this bill by breaking up the re- done a terrific job. He has been great to one of our Nation’s finest leaders. Earl gional Bell operating companies—this work with. Without his efforts, we Comstock is one of the brightest, hard- is how you legislatively, not by court would not have gotten this bill out of working people I have ever encoun- order, but legislatively break up the the committee or to this point. He has tered. monopolies of the local exchange—we helped bring broad bipartisan support I also thank: Hance Haney with Sen- are going to bring in hundreds and and has shown great courage and inde- ator PACKWOOD; Mark Buse with Sen- thousands of competitors. We are doing pendence. He has done a terrific job. ator MCCAIN; Mark Baker with Senator this in the most deliberate, measured Extraordinary effort has been ex- BURNS; Gene Bumpus with Senator fashion possible in that we appreciate pended on the measure’s birth and ulti- GORTON; Amy Henderson with Senator that we in America have the best com- mate passage. I have already talked HUTCHISON; Angela Campbell with Sen- munications system in the entire about the process the staff went ator SNOWE; Mike King with Senator world. through in drafting this bill. This was ASHCROFT; Margaret Cummisky with We are not repairing the communica- not drafted outside of the Capitol as Senator INOUYE; Martha Moloney with tions system in that light. What we are some have said. It was drafted in long Senator FORD; Chris McLean with Sen- trying to do is remove the obstruction nights and weekends by bipartisan ator EXON; Cheryl Bruner with Senator in the middle of the information super- staff working together at the direction ROCKEFELLER; Scott Bunton and Carole highway, namely, the Government. of the Senators. Grunberg with Senator KERRY of Mas- With all the plethora of rules, hearings, I wish to thank my committee chief sachusetts; Mark Ashby with Senator injunctions and precedents, we are of staff, Paddy Link, who has worked BREAUX; Andy Vermilye with Senator finding now that the judicial branch is tirelessly on this bill. She is a first BRYAN; Greg Rohde with Senator DOR- totally overwhelmed; it could not pos- class professional without whom this GAN; and Carol Ann Bischoff with Sen- sibly deal with the explosion of this telecommunications bill would not ator KERREY of Nebraska. technology. No one individual could. have passed. Communications counsels Mr. GRASSLEY. Mr. President, I ask On the other hand, we are going to Katie King, who has done a terrific job unanimous consent to speak for 10 min- get communications policy back into in working diplomatically with the utes as in morning business. the policymaking body of our Govern- staffs of many Senators with an inter- The PRESIDING OFFICER. Without ment, namely, the Congress and its ad- est in the legislation, and Donald objection, it is so ordered. ministrator, the Federal Communica- McClellan, who has worked days, f tions Commission. nights, and weekends for months on We have an outstanding bill. Senator this bill. Together, their efforts have DOD UNMATCHED DISBURSEMENTS PRESSLER has done an outstanding job. helped shape this historic legislation. Mr. GRASSLEY. Mr. President, I am ready, as I understand, to prepare Special thanks must also go to staff as- many times in the last several months, to vote on the Dole amendment, the sistants Sam Patmore, James Linen, I have addressed my colleagues in this Breaux amendment, which will be and Antilla Trotter. Chamber on the subject of the bad ac- agreed to, and then final passage. Senator HOLLINGS’ staff has been As I stand here, I have been moved, counting system in the Defense Depart- enormously helpful in this effort. Com- as all Senators do, from the subject of ment and particularly the subject of merce Committee Democratic chief the week—almost like Sealtest Ice unmatched disbursements, a subject counsel and staff director Kevin Curtin Cream; we have the flavor of the that involves the principle that if you week—we move to the other particular has been of invaluable assistance in are going to spend the taxpayers’ issue at hand. But staff on the other this bipartisan effort, with his legisla- money, you ought to be able to show side of the aisle has been duly recog- tive drafting skills and knowledge of exactly what that money went for. nized, and I would again recognize procedure. Counsels John Windhausen The Defense Department has accu- Kevin Curtin and John Windhausen and and Kevin Joseph brought their great mulated several billions of dollars over Kevin Joseph, as well as Jim Drewry, expertise to the task; and staff assist- the last several years in money that Sylvia Cikins and Pierre Golpira, on ant, Yvonne Portee. The good working has been spent. It is very difficult for our staff. They have worked not just relationship our committee staff has them or anybody else to show exactly during the 5 days of the week but developed is the major reason we have what that money has bought: A service weekends and evenings, around the been successful in developing a bill. or commodity. clock, on and on again to keep us on a Lloyd Ator of the Commerce Com- So the unmatched disbursement deliberate, measured, fair course of en- mittee bipartisan staff deserves thanks problem at the Pentagon has been a tering into competition and maintain- from both sides of the aisle for his leg- problem that has been simmering on ing at the same time the wonderful islative drafting skills. the back burner for several years. Now, universal service that we have. Additionally, my heartfelt thanks all of a sudden, it is on the front burn- There is a tremendous balancing act are extended to the following staff er, and the pot is boiling over. that is involved here, and no one members who have devoted substantial The Department of Defense is getting should run a touchdown in the wrong hours working with the committee in hammered with bad publicity about direction with the idea that, yes, we the process of getting this measure to this problem. Most of the heat is di- could have gotten in more competition the floor and passed. This is more or rected at the Defense Department’s or more protection for the consumers. less the team that worked on the legis- chief financial officer, Mr. John We have gotten in the basic competi- lation. I used to go up and occasionally Hamre. He is fighting back, countering tion and the basic protections that bring them some pizza. I do not know if with damage control, sending letters were necessary and even more. people in the outside world realize how and papers to allies on the Hill. He is So with that said, I hope we can hard this staff on Capitol Hill works, trying to debunk all the criticism move to the vote on the Dole amend- especially when there is a major bill being directed his way. ment, Mr. President. coming up. As I have said many times, I think Mr. PRESSLER. Mr. President, when I want to thank: David Wilson from that Mr. Hamre is trying to do a good we receive notification from the lead- Majority Leader DOLE’s office for his job. I think his heart is in the right ership on both sides—I am certainly assistance in getting the bill to the place, but career bureaucrats under eager—we will vote. We are awaiting floor and for working with my staff; him are feeding him bad information. word. Elizabeth Greene, for her invaluable as- In a nutshell, Mr. President, this is I welcome all Senators who have sistance while the bill was on the floor; the problem: The Department of De- statements. Jim Weber, from the Democratic Lead- fense does not match disbursements I, too, wish to thank my friend, Sen- er DASCHLE’s office for his assistance; with obligations before making pay- ator HOLLINGS, for his great leadership. Chip Pickering with Senator LOTT; ments. Unless the matches are made, June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8459 then we do not know how the money is for getting off the hook. It is designed Tax coding: 04–671. being spent. Of course, this leaves the to put us at ease, Mr. President. I Customer code No.: 53–936493–2. Department of Defense accounts vul- think it is a neat distraction. Out- Remit to: Raytheon Co., D–3007, P.O. Box nerable to theft and abuse. moded accounting procedures are 361346, Columbus, OH 43236–1346. Mr. GRASSLEY. Mr. President, form DOD accounts are vulnerable to the seemingly harmless, are they not? DD250 is meant to tell us a lot. But tune of at least $28 billion. Those are They pose no threat, seemingly, to the what does it tell us? For starters, it not my numbers, those are the Depart- security and the control of money. But gives us the contract number: F19628– ment of Defense numbers. Mr. Hamre is that is a long way from the truth. desperately trying to diffuse all the To assure us that no money has been 89–C–0131. criticism. Mr. Hamre says that my ar- lost, Mr. Hamre makes one bold asser- It tells us that the Milstar amplifier guments that I have been stating on tion, and he makes it from this article. was shipped on December 8, 1992. the floor over the last several months It says: It tells us the contractor was are baloney. He says the Department Raytheon, Burlington, MA For every disbursement he characterizes as It tells us the amplifier’s destination has, in his words, ‘‘certified receipts for lost, we have a validated receipt with an every penny spent.’’ independent confirmation that the Govern- was McClellan Air Force Base, CA. Mr. President, he said that in his lat- ment received goods and services. It gives us the national stock num- est rebuttal, and his rebuttal appears I think I know what Mr. Hamre is ber: 5895–01–325–8555MZ. on page A15 of the June 10, 1995, Wash- trying to say. He is trying to say for It gives us the amplifier’s serial num- ington Post. I ask unanimous consent every Defense Department payment, he ber: 1005. to print that article in the RECORD. has a receipt to prove that the goods It tells us that the unit price for the There being no objection, the article and services were actually received. amplifier is $363,735. was ordered to be printed in the This was brought up in some recent Remember that figure, because I am RECORD, as follows: testimony of Mr. Hamre on the Hill. He going to tell you how this item was [From the Washington Post, June 10, 1995] used form DD250 as an example of sold for $20 in just a minute. Finally, it tells us the name of the PENTAGON SPENDING: BY THE BOOKS ‘‘validated receipts’’—his words. Those Government official who accepted the (By John J. Hamre) are his words, ‘‘validated receipts for goods handled.’’ amplifier and certified that it met con- Colman McCarthy’s May 23 column ‘‘The tract specs. The certifying official’s Pentagon’s Accountability Problem’’ so The DOD form DD250 is called the badly distorts my statements on Department Materials Inspection and Receiving Re- name shown is D. Albrizio. of Defense financial management that the port. I have a copy of that here. Well, Mr. Hamre wants us to believe record must be corrected. This particular one that I have in my that DD250, the form I inserted into the McCarthy implies that I am a naive dupe hand is for the purchase of a high-pow- RECORD, is proof that the Government absolving government workers and defense got what it paid for. contractors of any financial responsibility. ered amplifier for the Air Force Milstar satellite. Now, the Air Force got the Milstar He further suggests that our reform efforts amplifier, right? No, they did not get are merely verbal smokescreens to mask I ask unanimous consent to print it. We paid for an amplifier all right. business as usual. Nothing could be farther this in the RECORD. from the truth. There being no objection, the report Yes, we did. But we did not get it—at It is clear McCarthy did not attend the was ordered to be printed in the least not right away. May 16 congressional hearing on which he RECORD, as follows: A citizen in North Carolina—Mr. bases his column. Had he been there he Roger Spillman—got this $363,000 am- MATERIAL INSPECTION AND RECEIVING REPORT would have learned that not a penny of tax- plifier instead. While there is a long payer dollars has been ‘‘lost,’’ as his article Proc. Instrument Iden. (Contract): F19628– trail of signed certified receipts prov- 89–C–0131. implies—since the crux of the matter is not ing—and I use that advisedly—that ‘‘phantom payments’’ but outmoded ac- Invoice: 10030–472, 92Dec14. counting procedures. Shipment No.: WAL0051. DOD received it, the amplifier never For every disbursement he characterizes as Date shipped: 92Dec08E. showed up at the warehouse where it lost, we have a validated receipt with an BA: D–2,424,371B. belonged. independent confirmation that the govern- TCN: S2206A2275A270XXX. First, it turned up as something iden- ment received the goods and services. He Prime contractor: Raytheon Co., Equip. tified as unknown overage cargo at the also would have learned that in the past 18 Div. Headquarters, Hager Pond Facility, 1001 San Francisco terminal of the Watkins months we researched and correctly ac- Boston Post Rd., Marlboro, MA 01752. Motor Lines. Watkins had a DOD con- counted for $20 billion in problem disburse- Administered by: DPRO, Raytheon Co., ments inherited from a decade of defense Wayside Ave., Burlington, MA 01803–4608. tract to deliver it to the McClellan Air spending. He would have learned that during Shipped from: Raytheon Co., 20 Seyon St., Force Base. It was held there in San the same time period we also froze more Waltham, MA 02254. Francisco for 30 days. When no one than 20,000 payments to more than 1,500 con- Payment will be made by: DFAS—Colum- showed up to claim it, it was shipped to tractors until we could correct underlying bus Center, Attn: DFAS–CO–EB/Bunker Hill, Watkins salvage warehouse in Lake- accounting problems. P.O. Box 182077, Columbus, OH 43218–2077. land, FL. The Milstar amplifier was He would have learned that we are revers- Shipped to: FB2049, Transportation officer, stored in the salvage warehouse for ing a 25-year-old ‘‘pay first, account later’’ McClellan AFB, CA 95652–5609. about 9 months. policy. Beginning this summer, we will Marked for: FB2049, Account 09. match disbursements to accounting Item No.: H00A. Now, at that point, it was declared records—not just against valid, certified in- Stock/Part No.: MOD: P00017; CLIN: excess cargo and shipped to DRS, Inc., voices as we do now—before payments are 0003AB. in Advance, NC, for auction. The public made. And he would have learned that we Description: NSN: 5895–01–325–8555MZ; P/N: auction was held on October 25, 1993. created a special financial fraud detection G287706–1; Amplifier, R.F.; Rev: BT/AV; Ref: The bidding started at $20. Within 45 organization. PLG494453–21; S/N: 1005; Containers: 1 Skid; seconds, Mr. Roger Spillman was the Unfortunately none of this was reported by Gross shipping wt: 230#. proud new owner of the Milstar ampli- McCarthy, and I am unaware of any effort on Quantity Ship/Rec’d: 1. fier, and it cost him exactly $75. Re- his part to attempt to gather the facts. Unit: EA. The public has every right to know the ex- Unit price: $363,735.00. member, for the original product we tent of the Pentagon’s accounting problems, Amount: $363,735.00. paid $363,000-plus. as well as the efforts in place to remedy Total: $363,735.00. The Air Force did not know the am- them. Your readers deserve far better than Procurement quality assurance: A. Ori- plifier was missing until the owner, Mr. McCarthy provided. gin—Acceptance of listed items has been Spillman, called to request the instruc- Mr. GRASSLEY. Mr. President, I made by me or under my supervision and tions manual because he wanted to use want to state, where he says that ‘‘the they conform to contract, except as noted it. That was almost a year after DOD crux of the matter is not phantom pay- herein or on supporting documents. officials had shown us this validated Receiver’s use: Quantities shown in column ments but outmoded accounting proce- 17 were received in apparent good condition receipt of the amplifier. dures,’’ I will agree with him on the except as noted. Mr. President, what lesson does the outmoded accounting procedures, but I Date: Dec. 4, 1992. case of the missing Milstar amplifier will not believe that that is an excuse Typed name and office: D Albrizio, S2205A. teach us? It is this: Despite Mr. S 8460 CONGRESSIONAL RECORD — SENATE June 15, 1995 Hamre’s assurances to the contrary, terested groups and individuals have activities. But this solution proved un- the form that I have been reading from spoken persuasively about the effect of acceptable to the bill’s managers, so today—the DD250—provides no guaran- this incessant violence on our children. instead I supported Senator WARNER’s tee that DOD gets what it pays for. All I believe that something must be efforts to add important safeguards. the form does is tell DOD what is sup- done about this terrible problem, but I Senator WARNER’s amendment would posed to be on the loading dock or also believe that it should be up to par- ensure that the public network remain stocked in some warehouse. It does not ents and the industry itself to accom- open and accessible to independent mean that it is really there. plish that end. This is an area where I manufacturers. By requiring disclosure The DD250 is not an internal control do not believe Congress should be man- of technical specifications and planned device. dating a solution. Especially in the changes in those specifications, the The DD250 will not tell us whether context of this deregulatory bill, we amendment would prevent Bell compa- the item received was indeed ordered. should not be creating federal commis- nies’ manufacturing subsidiaries from The DD250 will not tell you whether sions to promulgate highly prescriptive gaining exclusive or early access to the the price paid was the price agreed to new rules in areas we should stay out kind of information that is the life- in the contract. of. blood of telecommunications manufac- The DD250 will not tell you whether I was also concerned about some of turing. your accounts contain enough money the vague language in the Conrad- Independent manufacturers do not to cover the payment. Lieberman amendment. It refers, for fear competition from Bell companies, The DD250 will not warn you if you instance, to ‘‘the level of violence or so long as that competition is fair. are about to make an underpayment, objectionable content.’’ We might— Senator WARNER’s amendment makes a overpayment, or erroneous payment. might—be able to come to agreement great deal of progress in the effort to To protect and control public money, on a definition of ‘‘violence,’’ but I do ensure fairness, and I hope we can build then, the Defense Department must not see how we could reach a consensus on this progress to make further im- match disbursements with obligations on the meaning of ‘‘objectionable con- provements as this bill moves to con- before payments are made. That is the tent.’’ Everyone would have a different ference. way it must be done. view. I thank Senator WARNER for his lead- These DD250 forms are no substitute As consumers and parents, we must ership on this important issue, and I for nitty-gritty accounting work. all do a better job of turning the dial also thank Senators HOLLINGS and If Mr. Hamre wants to do effective when programming to which we object PRESSLER for agreeing to accept this damage control and silence his critics, comes across our television set. If that modest amendment. then he needs to go back to the draw- were to happen in large numbers, the Mr. BINGAMAN. Mr. President, ing board. He needs to find a device market would dictate a dramatic im- today we have had an historic oppor- that addresses the source of the criti- provement in television programming. tunity to vote on a sweeping revision cism. These forms—the DD250’s—miss I supported the Simon-Dole sense of of the 1934 Communications Act, an act the mark, and miss it completely. The the Senate amendment, which calls on which is now, over 60 years after its DD250’s do not protect and control the the industry to police itself but does original passage, woefully out of date. people’s money. not establish an unprecedented set of We tried last Congress to revisit this Mr. Hamre is the DOD comptroller, onerous government rules. I think this legislation but we were unable to bring and he ought to know all these things. represented a more sensible approach the matter to the floor. I am glad that Mr. President, I yield the floor and to this problem. we have had a chance to consider this yield back any time I may have. AMENDMENT NO. 1325 legislation on the floor this year. I I suggest the absence of a quorum. Mr. DODD. Mr. President, I rise in hoped to be able to vote for it. We owe The PRESIDING OFFICER. The support of Senator WARNER’s amend- it to the people of this country to mod- clerk will call the roll. ment requiring Bell operating compa- ernize the laws which govern tele- The legislative clerk proceeded to nies to fully disclose their protocols communications services and to do so call the roll. and technical requirements for connec- in a way that promotes competition Mr. PRESSLER. Mr. President, I ask tion with their facilities. This is a com- among the companies attempting to unanimous consent that the order for plex, technical issue, but it is a critical provide those services, and thus pro- the quorum call be rescinded. safeguard as the Bell companies move vide American families with more and The PRESIDING OFFICER. Without into manufacturing. better services at lower prices. objection, it is so ordered. Section 222 of the bill before us ap- This legislation serves the first pur- f plies the same competitive check list pose—that of modernizing the law to TELECOMMUNICATIONS COMPETI- to Bell entry into manufacturing as it reflect the many changes in technology TION AND DEREGULATION ACT does to entry into long distance serv- since 1934. ices. I have been concerned, however, However, there is a real question as The Senate continued with the con- by the fact that the legislation carves to whether the end result will be more sideration of the bill. out a major exception for manufactur- competition. On the contrary, I believe AMENDMENT NO. 1283, TELEVISION CONTENT ing research and design activities. This that the result of this bill may be more Mr. DODD. Mr. President, I rise to exception would allow Bell companies concentration of power in the market. address the issue of television violence, to commence these activities almost I do not believe American families will which we debated earlier this week in immediately. benefit from this concentration. the context of this telecommunications Research and design is one of the I would like to believe what I have bill. I opposed the Lieberman-Conrad most expensive phases of the manufac- heard on the floor over the last week: amendment on this subject, but I turing process, and it often holds the that true competition will ensue from strongly supported the Simon-Dole key to the end success of the product. this bill, and the result of that com- sense of the Senate amendment. I want But under S. 652’s provisions, Bell com- petition will be a new world of innova- to take this occasion to briefly sketch panies would be able to engage in such tive products at affordable prices. Nev- out my thinking on this subject. activities before they face competition. ertheless, I fear that the flaws in this I completely agree with my col- This could open the door to cross-sub- bill will likely defeat those hopes. Ac- leagues about the terrible effects of sidization, unfair use of privileged in- cordingly, while I would like to be able television violence on our children. formation about RBOC network inter- to vote for this bill, I cannot. The average American child witnesses faces and other monopoly abuses that I am a longtime student of tech- 8,000 murders and 100,000 other acts of could decrease competition in the al- nology and of telecommunications. I violence on television by the time he or ready competitive telecommunications know what benefits they can bring. I she finishes elementary school. That is manufacturing industry. have promoted State and Federal sup- simply unacceptable. The American I have argued that the simplest solu- port for technology in the classroom Medical Association, the National tion to this problem was to delete the and I have sponsored legislation to pro- Commission on Children and other in- bill’s exception for research and design vide that support. I am proud to have June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8461 been an early and eager supporter of communications industry with increas- gress attempted to do just 3 years ago the Snowe-Rockefeller-Exon-Kerry lan- ing prices for consumers with little in- in the 1992 Cable Act. guage in this bill which will, for the crease in choice or innovation for those I am also concerned that the bill al- first time, make access to tele- living in rural America. I hope that I lows for the preemption of local rules communications services by schools, li- am wrong. I hope that this bill can be and regulations relating to the man- braries, and rural health care providers improved in the conference. If it is, I agement of local rights-of-way. I sup- affordable. I am especially proud that will be happy to vote for it when it re- ported the Feinstein amendment to re- the Senate approved this aspect of the turns to the floor. In its present form, move the provision in S. 652 which bill. however, I must vote no. would preempt local control of the pub- But there are a series of amendments Mr. LEVIN. Mr. President, I will vote lic rights-of-way. Unfortunately, that to this bill which I had hoped would for S. 652, the Telecommunications amendment was defeated. A weaker al- pass and which would have made this Competition and Deregulation Act of ternative was accepted which modified bill what I had hoped it could be and 1995, because a myriad of technological but did not eliminate language in the what I think the American consumer innovations over the past few years bill allowing for the preemption of deserves. have made the current regulatory sys- local regulations. The Feinstein First, and foremost, I was dis- tem obsolete. amendment would have eliminated the appointed that the efforts of my col- New rules are needed to acknowledge preemption capability of the FCC alto- leagues from North Dakota, Senator and encourage competitive innovative gether. DORGAN and Senator THURMOND of technological developments which will I believe it is important that we in South Carolina, to bring the Depart- enliven the marketplace and offer the Congress pay proper recognition to the ment of Justice into the process, were consumer greater choice and new tech- rights of local government and I am defeated. I fear that this bill—without nologies. However, these regulatory disappointed this bill does not ade- the amendment to give the Department changes should be done in a way that quate do that. of Justice a more active role—may lead maintains adequate protections of the The telecommunications bill before to abuses and more concentration in public interest. the Senate today will have a huge im- the long distance market. There are se- There are several issues that concern pact on our economy and on the lives rious issues competition issues raised me regarding S. 652. of every single American. I believe the My first concern is with the lack of a by the entry of the Bells into long dis- telecommunications reform is both Department of Justice role in deter- tance, yet we have given the Nation’s necessary and important. But equally mining when the Baby Bells should be expert competition agency, the Depart- important in that process are the nec- allowed into the long distance market. ment of Justice, a toothless role. The essary checks and balances to protect I believe a specific Department of Jus- Department of Justice has long and consumers and discourage monopolies. tice role is needed to ensure that exist- deep experience with this market and While I will vote for this bill because I ing monopoly powers are not used to with these competitors. It is the best recognize that telecommunications re- take advantage of the new markets positioned entity to evaluate the many form is long overdue and must move being entered. issues which are going to arise as new forward, I am not convinced this bill It’s reasonable that such broad and entrants seek access to the local ex- contains adequate checks and balances. unprecedented telecommunications de- change networks controlled by these I hope the House will be able to add regulation should include reasonable companies. In my view, only the De- those back into the bill and I reserve oversight of potentially anticompeti- partment of Justice can assure that judgment on whether I will support a tive behavior in an industry where a what is billed as competition does not final conference report. become concentration to the detriment few giants could control large seg- Mr. BAUCUS. Mr. President, I rise of the American consumer. ments of the various markets. today in support of the Telecommuni- I also have concerns about the poten- Without a specific Department of cations Competition and Deregulation tial for concentration in the cable mar- Justice role, there is a greater risk Act of 1995. ket which this bill presents and the po- that the monopolistic and con- tential for greatly increased cable centrated businesses will increase and Over the last week I have heard rates for consumers in rural areas we will not achieve the competition many of my colleagues address this where competition is unlikely to exist that this bill promises. If this happens, legislation. One statement is common in any meaningful way. The market- American consumers will be the losers. to their remarks. This legislation will place will very likely bring lower I supported the Thurmond-Dorgan touch, indeed will impact, a significant prices and greater choice to consumers compromise amendment which would portion of our economy. It will be felt in urban and affluent areas. But in have provided the Attorney General a in one way or another in each of our many parts of the country, and in simultaneous role with the FCC in ap- lives. much of my State of New Mexico, the proving a request by a Bell company to Of the many advances in our society marketplace will do little. We have provide long distance service providing of the past century, telecommuni- seen in airline deregulation how rural that action would not substantially cations is among the most pervasive. consumers are treated. I hope that that lessen competition, or tend to create a Our movement into this information does not happen in the cable market- monopoly. Unfortunately, that amend- age has yielded tremendous changes in place as well. If it does, and we shall ment was not adopted. our lives. The ability to communicate see in the next few years, Congress I hope, therefore, that the House will around the globe instantaneously has should revisit this issue to provide the move to adopt a Department of Justice helped us become part of a global mar- protections which I would have liked to role so that this issue can be revisited ketplace. It is an advance from which see this bill today. in conference. there can be no retreat. Other amendments, such as the ones My second concern regards the cable I believe that we all benefit when offered by the Senator from Nebraska, rate deregulation provisions of the bill. competition is enhanced. Retaining a [Mr. KERREY], to put a consumer rep- In 1992 Congress passed a comprehen- competitive edge has been quite dif- resentative on the universal service sive cable act in response to a strong ficult as we have forced technology of board and to restrict cross subsidiza- public outcry about skyrocketing cable today to fit the restrictions of yester- tion by public utility of services, were rates. This bill undoes much of the day’s regulations. The potential for defeated. Other amendments designed good that bill accomplished in slowing continued improvement in these indus- to keep some reasonable limits on down cable rate increases and in many tries is tremendous. This bill should broadcast ownership were also de- cases reducing cable rates for Ameri- usher in new products, better prices, feated. cans. This bill deregulates all but the and more choices in the services which Taken as a whole, this bill, while up- basic tier of cable television and in so consumers demand in Montana and to-date, seems to be to anticonsumer doing runs the very real risk of result- across the country. and anticompetitive. I foresee an in- ing in increased cable rates for Ameri- Mr. President, the development in creasing concentration in the tele- cans which is contrary to what Con- the personal computer, and even the S 8462 CONGRESSIONAL RECORD — SENATE June 15, 1995 hand-held calculator before it, is a tan- and indecency. I voted ‘‘no’’ out of con- and why I believe it was a mistake for gible example of what I expect in tele- cern that we were taking this action the Senate to defeat it. communications. In the past 30 years, improvidently and without adequate For this and for the other reasons I these technologies have become com- consideration for its significant con- have given, I will vote against the monplace. In fact I can’t imagine life stitutional and practical implications. Telecommunications Competition and without them. In 1973, the Supreme Court in Miller Deregulation Act of 1995. The development of telecommuni- versus California, and in several subse- THE DOLE AMENDMENT ON CABLE VOLUME cations technology has been no less quent decisions, held that the Con- DISCOUNTS dramatic. And with this legislation, we stitution does not protect obscenity, Mr. KERRY. Mr. President, we are advance the ball. While this bill fails to which the Court defined as material faced here with a very unfortunate sit- satisfy my entire wish list, I believe it that appeals to ‘‘prurient interests’’ or uation. Senator DOLE has offered an leaves us better than before. But we is ‘‘patently offensive.’’ The govern- amendment to address a significant still have work to do and as legislation ment accordingly has the authority to public policy matter raised by S. 652 as moves through the House and into con- regulate obscenity, and properly so. reported by the Commerce Committee, ference, I am confident we can improve But we must do so with care. and that amendment has become en- this bill. The amendment attempts to apply tangled in a dispute that goes to the In recent days we have voted on existing laws against obscene and way the Senate deals with those who changes designed to improve the meas- harassing telephone calls to computer do business in areas affected by legisla- ure. The amendment offered by Sen- transmissions. Regrettably, the lan- tion upon which the Senate acts. I must say that I am distressed by ator CONRAD will encourage television guage of the amendment is too broad, the appearances of what has occurred manufacturers to include computer raising serious questions of constitu- regarding the interactions of two cable technology allowing parents to prevent tionally under the first amendment. programming providers with the chair- objectional material from entering For example, the amendment could man of the Commerce Committee. their home. I supported that measure reasonably be interpreted to prohibit While I have not been involved at all and I believe it is important in this an individual from sending an annoy- in—or even knowledgeable about— bill. ing e-mail message. The penalty for An amendment offered by Senator these interactions, and believe accord- such a transgression: a fine of up to EXON protects against harassment, ob- ing to what I have been told that there $100,000 or up to 2 years in prison—or scenity, and indecency to minors via may be more inadvertence and clumsi- both. And, as was noted by Senator telecommunications devices. Together, ness in evidence here than anything LEAHY and others during the debate these two amendments will go a long else, it is unfortunate for all involved yesterday, the amendment likely way toward protecting our youth from that some evidently see this as a case makes unlawful on computers mate- harmful material. There has been some where inappropriate pressure has been rials that are perfectly lawful in books public comment on this topic recently brought to bear in such an interaction. or letters. I suspect the courts will and I believe these amendments are Regardless, and without in any way take a dim view of this provision when what Montanans want in this kind of acting as judge and jury and attrib- it is challenged, which it surely will be. legislation. uting blame, I will say unequivocally Finally, I want to go on the record in Similarly problematic is the failure that I do not believe that the proper stating my belief that passage of this of the amendment to recognize the dif- way for elected officials and business measure does not finish our work in ference between telephones and the executives to interact is for elected of- this area. Granted, this legislation has unique characteristics of computers. In ficials to threaten businesspeople with been a long time coming. But we now order to view the kinds of lewd and las- injurious legislation if they do not have a serious responsibility to con- civious material complained of by the comport their business activities with duct congressional oversight over this proponents of the amendment, an indi- the policy desires of those elected offi- legislation. As we work to construct vidual must take numerous affirmative cials, nor for businesspeople to threat- the information superhighway, we steps to gain access to it via the on- en elected officials with business ac- must make certain that the system line services where it can be found. I tions deemed undesirable by the offi- works. grant that this is not terribly difficult cials if those officials fail to take legis- I don’t want a system which is a re- for one who is computer literate, but lative actions favored by the strictive entry highway. And I don’t the fact remains that in order to look businesspeople. Further, the way I want a toll road where nobody can af- at this material on the computer, you have always understood the concept of ford the fare. And I want to make cer- have to actively seek it out. It does not honor, a deal’s a deal, and starting tain that in Montana, my constituents just pop up on the screen when you with the assumption that honorable have access to the benefits of this tech- turn it on. One who looks for and then elected officials should make only nology. I will be watching to see that views such material on his or her com- deals that are in the public’s interest, this effort succeeds and I stand ready puter is in a very different position both those officials and businesspeople to step in if intervention is needed. than a victim of obscene telephone who enter into agreements ought to But Mr. President, this bill has calls. Yet the amendment fails to rec- honor those agreements. strong support. I have heard from ognize this distinction. Having said these things, when the broadcasters, small business owners, I am also troubled by the Senate’s day is over here, what really counts in and those in the telecommunications action on another amendment to this my judgment is the public policy that industry in Montana. And all these bill. This afternoon, by a vote of 67–31, the Senate makes, and the effect it has groups want this legislation to pass. I the Senate tabled the Lieberman on our Nation and its people. I think it share their desire to help the best tele- amendment to retain cable television is important that we keep our eye on communications system in the world rate regulation. Senator LIEBERMAN the ball here, and by that I mean I leap forward into the next century and knows the subject of cable rate regula- think we should cast our votes on this I will cast my vote in favor of this tion as well as anyone, having fought amendment based on the public policy measure. cable rate increases in Connecticut in impact of the policies those votes will Thank you, Mr. President. I yield the the 1980’s when he was State attorney determine. It is on that basis, rather floor. general. He predicts that, without the than with reference to the regrettable Mr. MOYNIHAN. Mr. President, I rise reasonable rate restrictions in his dispute that has emerged concerning to state my reasons for opposing the amendment, cable TV rates will surely what has preceded the offering of and Telecommunications Competition and rise as a result of this bill. I am afraid voting on this amendment, that I cast Deregulation Act of 1995. he is right. Cable rates rose sharply my vote on the amendment. Yesterday the Senate adopted after Congress lifted rate regulations Many of the decisions with which amendment No. 1362 by a vote of 84–16. in 1984, and they are likely to do again this body must grapple are not simple, The amendment purports to prohibit if we pass this legislation. This is why where two courses, one black and the computer transmission of obscenity I supported the Lieberman amendment, other white, present themselves and all June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8463 we have to do is choose the easily dis- prices and wide ranging services. True leverage their power over affiliate pre- cernible right course. Many decisions marketplace competition also elimi- emption of network programming, con- we make have multiple and varying nates the need for regulation. If our duct of news divisions, and the moral implications, and we are forced into goals are to ensure that consumers re- tone of network entertainment. The the position of playing Solomon to me- ceive advanced telecommunications change proposed in broadcast owner- diate disputed interests and needs. and media services at competitive ship rules under S. 652 will turn locally Such is the case here, Mr. President. prices and to free the industry from owned stations into extensions of large On the one hand none of us to my government regulation, competition is multimedia companies and will result knowledge wants to act in a way that our means to that end. But it must be in the nationalization of television pro- will deprive persons in rural areas or true and fair competition. gramming and the demise of localism other areas served by small cable sys- This is where this legislation misses and local program decisions. tems of programming that those who the mark. There are two key areas of The bill’s changes to broadcast own- live in areas served by large cable sys- this legislation that lead me to the ership rules will lead to greater con- tems can enjoy. On the other hand, we conclusion that existing competition in centration of the media—a concentra- should approach extremely seriously telecommunications is in jeopardy: tion towards the national networks. any decision that could result in the First, the conditions under which re- The fact is that the present limits help government imposing controls on the gional Bell operating companies preserve competition. Fox television free marketplace, especially a decision [RBOC’s] may offer long distance serv- would not be the fourth network today that leads to price controls. There have ices; and second, the liberalization of if it were not for the existing limits on been situations in our history that broadcast ownership rules. ownership. The current limits are what have warranted such actions, but they This legislation, mistakenly in my made it possible for Fox Broadcasting are the exception, not the rule. judgment, deregulates both the tele- to develop so quickly because there Mr. President, I do not believe that vision and radio broadcast industries were affiliates available in media mar- the circumstances of the cable industry at the risk of promoting greater con- kets that were not owned by the estab- warrant imposing what amount to centration at the expense of competi- lished networks with whom Fox had to price controls on those who provide tion. The bill raises the national audi- compete with to build a market for it- programming. Yes, I do believe that ence cap from 25 to 35 percent and self. those programming companies should eliminates the 12 station limit on TV Proponents of removing the owner- deal responsibly with all cable opera- broadcast ownership. It also eliminates ship limits have a single purpose—to tors who wish to purchase their prod- ownership rules on radio ownership. reduce the number of people participat- ucts. But no, I do not believe that in Liberalization of these limits runs ab- ing in broadcasting ownership. The this industry the Government should solutely contrary to the goal of pro- current limits permit small companies prohibit practices of volume discount- moting competition. I am convinced to own stations in large markets. Be- ing or other methods of pricing that that if these changes are enacted, the cause the existing limits ensure that are employed in virtually every indus- media industry in this country will be concentration is limited and entre- try in our Nation, whether it be selling controlled by a handful of conglom- preneurial efforts in broadcasting are shoes or cabbages or long distance erates in future. The long-held prin- possible. Elimination of ownership lim- phone service. ciples of localism and diversity will its will make it more difficult for mi- So, Mr. President, before I had heard suffer. nority participation in broadcast own- anything about the dispute concerning I offered an amendment, unsuccess- ership—something the FCC has been the agreement that did or did not exist fully, to strike the provisions liberaliz- trying to promote for years is more mi- between Time-Warner and Viacom and ing the ownership limits in the bill. nority ownership. This bill would send the chairman of the Commerce Com- Under my amendment, the FCC would a blow to that effort. mittee, I had concluded that I should have been instructed to review and Will the local television landscape be vote for the Dole amendment. Now modify its broadcast ownership rules to better off if the local television sta- that the dispute has surfaced, I con- ‘‘ensure that broadcasters are able to tions are controlled by the national tinue to believe that the correct public compete fairly with other media pro- networks in New York and Hollywood policy is reflected in the Dole amend- viders’’ while ensuring that diversity instead of by stations in Bismarck or ment, and I will vote for that amend- and localism are protected. The amend- Wichita? Will there be less violence on ment for that reason. ment would have maintained the cur- TV if there is more national control? I Mr. DORGAN. Mr. President, the rent limits while directing the FCC to do not think so. In fact, I expect that Senate votes today on a very impor- review and modify the ownership rules these problems will get worse. tant piece of legislation, the Tele- on a case-by-case basis. This bill will rob local stations of the communications Competition and De- At the heart of this issue is the rela- opportunity to say no to network pro- regulation Act of 1995. There is no tionship between the networks and the gramming that local station managers question in my mind that tele- local affiliate stations. Raising the na- think is inappropriate for their local communications reform legislation is tional ownership limits would rep- communities—where they themselves needed. The communications laws in resent a drastic shift in power from the live. If the national networks are per- this country are without a doubt anti- local affiliate stations to the national mitted to own a substantial portion of quated and the Congress must take ac- networks. The provisions in the bill; the local stations in the country, then tion and pass telecommunications leg- including the Dole amendment, threat- all programming decisions will be islation. en local media control—both in terms made in Hollywood and New York, I am sad to say, however, that I can- of programming and in terms of news without regard for the concerns of not support the legislation the Senate content—in favor of national control. local communities. Make no mistake is voting on today. This bill, in my The change will remove the ability of about it. The bill’s provisions represent judgment, could be more accurately de- local stations to make local program- nothing short of a power grab on the scribed as the ‘‘telecommunications ming and news decisions—such as pre- part of the national networks under concentration act’’ rather than the empting network programming in the guise of deregulation. The proposed ‘‘telecommunications competition favor of local news, public interest, and changes to the ownership rules would act.’’ Unfortunately, this legislation, local sports programming. concentrate power in the hands of the in its present form, is going to lead to The change would also mean that networks and would be anticompeti- greater concentration in the tele- station managers will not be able to tive. communications and media indus- stop network programs he or she be- Another unsuccessful amendment I tries—which is antithetical to competi- lieves is inappropriate for the local offered with the senior Senator from tion. market. When the networks buy up the South Carolina relates to what is per- Robust competition is the driving affiliates, the networks will be able to haps the most contentious battle in the force of our free market economy. dictate the terms of the affiliate/net- development of this legislation: the Competition offers consumers lower work relationship. The networks will conditions under which the RBOC’s S 8464 CONGRESSIONAL RECORD — SENATE June 15, 1995 would be permitted to offer long dis- Since the breakup of the Bell system, to work to improve this measure so tance services. One of the major rea- long distance rates have dropped 66 that we can truly call it the Tele- sons why I cannot support this bill is percent and the long distance competi- communications Competition and De- because it does not provide for an ade- tors have constructed four nationwide regulation Act. quate role for the Department of Jus- fiber optic networks—the backbone of RESTRICTING CABLE-TELCO IN-REGION BUY-OUTS tice to ensure that competition in the the information superhighway. long distance market is protected when It cannot be assumed that a series of Mr. LEAHY. Mr. President, I want to an RBOC that controls the local loop is specified steps will result automati- note an important amendment that has permitted to enter what is already a cally and inevitably in the develop- been made to the telecommunications competitive market. ment of local exchange competition. bill. Under the bill in its present form, an Potential barriers to competition are As introduced, the telecommuni- RBOC need only apply to the FCC to sometimes subtle and overcoming cations bill modified our outdated law enter long distance services. The FCC these barriers is a very complex task. that bans cable companies and tele- would utilize a public interest standard Congress cannot hope to successfully phone companies from offering the and determine that the RBOC has com- specify in advance a set of conditions service of the other. With digital and pleted the competitive checklist. The that will provide answers to all issues other new technologies being devel- bill provides only for a consulting role before meaningful competition is a re- oped, the demarcations between the by the Justice Department. ality. The only way to ensure true businesses of telephone and cable serv- Mr. President, it seems to me that competition is to look at actual mar- ice is blurring. the debate over this legislation has ketplace facts and DOJ must provide It is about time for Congress to up- been turned upside down. The fact is this role. date the law to catch up with the new that the fundamental policy goal con- A series of specified steps—for exam- convergence in video, computer, and fronting the Congress as we develop ple, the competitive check list in Sec- telephone technologies. telecommunications reform legislation tion 255—is not by itself sufficient to But by repealing the telco-cable is how do we employ competition in bring real competition to local mar- cross-ownership ban altogether, the markets which are currently controlled kets. The RBOC’s must have a positive telecommunications bill, as reported, by regulated monopolies, such as the incentive to cooperate with the devel- failed to impose any limits on the abil- local exchange. The fact is that the opment of competition. ity of telephone companies to buy out Monopolists have proven themselves long distance market is a truly com- cable companies—their most likely adept at erecting new barriers faster petitive market. We risk damaging competitor—in the telephone compa- than old ones can be identified and dis- that competitive market if the RBOC’s nies’ local service areas. Allowing such mantled. Complete elimination of bar- are permitted to enter the long dis- mergers would destroy the best hope riers to competition will occur only if tance market prematurely. Our goal for developing competition in both the monopolists have positive incen- should be to promote the same level of local telephone service and cable tele- tives to cooperate with the introduc- competition in the local exchange that vision markets. tion of meaningful competition. The currently exists in long distance. Un- RBOC’s will have such incentives when Without the protection of an fortunately, this bill is weak on incen- the check list is supplemented by a antibuyout provision, consumers would tives that would promote local com- process that ensures application of real be deprived of the lower cable and tele- petition and it also threatens to dam- competitive analysis to actual market- phone prices that would result from age the competitive long distance mar- place facts. two-wire competition. ket. I still hope that these areas can be Because of these concerns, the distin- It was the Justice Department that perfected in the conference committee. guished chairman of the Antitrust Sub- investigated and sued to breakup the Unless these two areas are addressed, committee, Senator THURMOND, and I Bell system monopoly—which resulted this legislation will do more to harm sent a letter to our colleagues a few in making the long distance and manu- competition than to promote it. That weeks ago detailing the reasons why facturing markets competitive. If the would not be in the public interest and standard antitrust scrutiny would not local exchange networks are going to I hope that the Congress will not make be enough to preserve the potential be vertically reintegrated with long that mistake. competition between telephone and distance service, there is a danger that Although there are serious problems cable companies. entry by RBOC’s could impede com- with this legislation, I do believe that The leadership package of amend- petition and unravel the progress made some provisions in this bill I strongly over the past decade in promoting com- ments adopted last Friday took seri- support. This bill contains some very ously the concerns that we expressed, petition since the breakup of the Bell important provisions that would pre- system. DOJ has a unique role to assess and provided some antibuyout restric- serve universal service and ensure that tions to prevent telephone companies whether the conditions for meaningful rural areas will have access to ad- competition are present. from merely substituting one video vanced telecommunications services. I service monopoly for another. The experience of airline deregula- have worked long and hard with many The amendment restricting in-region tion shows that the protection and pro- of my colleagues on the Senate Com- buyouts improves this bill and prom- motion of competition is not accorded merce Committee to ensure that uni- ises to benefit consumers by promoting enough weight when DOJ has only an versal service will be preserved as com- greater competition in the delivery of advisory role. In the case of airlines, petition is introduced into local ex- video services, increasing the diversity mergers that were approved by the De- change service. The provisions in the of video programming, and advancing partment of Transportation over the Senate bill with respect to universal the national communications infra- objection of DOJ, the result was mo- service are vitally important to rural structure. nopolization of certain hubs and higher areas and it is my hope that if these ticket prices for consumers. provisions will be retained in the con- In particular, the amendment elimi- A DOJ role would avoid expensive ference committee. nates ambiguity and makes clear that AT&T-type antitrust suits in the fu- In conclusion Mr. President, I would the antitrust enforcement authorities ture by making sure that competition ultimately like to vote for this legisla- will maintain their authority to chal- is safeguarded in the first instance. tion. Unfortunately, I cannot in its lenge anticompetitive buyouts under RBOC enter that occurs without assur- present form. As I said earlier, this leg- the antitrust laws. ances that it will not impede comple- islation will not adequately promote Even when the FCC has decided that tion will invites complex litigation, competition. Rather, it will have the from its perspective that the telco/ which will consume resources better opposite affect: concentration. I urge cable buyout is acceptable, or when the spent on competing. Having DOJ apply the managers of the bill and all those buyout comes within the rural excep- a marketplace test as a condition to Senators who have spoken with such tion, standard antitrust scrutiny may entry will help avoid wasted litigation. passion about promoting competition still be applied. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8465 The amendment maintains the spe- tential monopoly from being reestab- Mr. DODD. Mr. President, I rise in cialization and expertise of the anti- lished. I supported what I believed was support of S. 652, the Telecommuni- trust authorities—the Justice Depart- a very reasonable amendment from cations Competition and Deregulation ment and the Federal Trade Commis- Senator DORGAN and THURMOND to Act. This bill is far from perfect, but sion, as well as State antitrust au- apply a time-honored antitrust stand- on balance I believe it will be a plus for thorities—in determining whether a ard to any application to enter long American consumers and the American buyout would violate the antitrust distance. That amendment was de- economy. laws and harm consumers. feated. We now find ourselves in a highly This amendment is necessary to help I hope that the final report from the competitive, global economy, and tele- promote the competition we want to Senate-House conference is a bill that communications is an increasingly im- develop between cable and phone com- truly promotes competition, while also portant part of it. In order to keep up panies, with the hope that prices for safeguarding the interests of the con- in this booming sector, it is imperative both services will be lowered for con- sumers before competition arrives. I do that the United States replace a regu- sumers, while their options and choices not believe this bill meets that goal, latory structure crafted in the 1930s increase. and I regret that I cannot support it. with one suitable for the 21st century. CHOICE CHIP AMENDMENT NO. 1421 This bill represents an important step Mr. CONRAD. I am very pleased my Mr. LEAHY. Mr. President, I seek to in that direction. The communications industry is a $1 amendment was accepted by such a clarify a part of the Leahy-Breaux trillion segment of our economy, and it wide margin on the Senate floor. The amendment (No. 1421) on intraLATA is among the fastest growing sectors. choice chip could be a very important toll dialing parity that was adopted tool for parents to help protect their This boom is not widely understood, yesterday. As the amendment states, but it has tremendous implications for children from the violence that is all- the joint marketing provision in sub- too available on television. I am hope- consumers and business. paragraph (iii) of the amendment ap- This trend is being driven by a vari- ful that the Senate-House conferees plies only in those States that have im- ety of factors, foremost among them will see the value in this approach and plemented intraLATA toll dialing par- technology. Old copper phone wires can retain my amendment. However, I ity during the relevant period and to only carry a handful of conversations deeply regret that I will have to vote telecommunications carriers in those at once. But one fiber optic cable can against S. 652, even though it contains States offering intraLATA services carry 32,000 conversations at once. New an amendment I sponsored. using ‘‘1+’’ dialing parity. The prohibi- services can be sent to the home or of- I have deep concerns about the ap- tion on joint marketing however, was proach this bill takes, in the name of fice over fiber optic cable at virtually not intended to apply to telecommuni- zero marginal costs to the producer. competition, by removing protections cations carriers offering intraLATA An incredible array of companies has that currently safeguard against media services that do not make use of ‘‘1+’’ a stake in the emerging communica- concentration. Diversity of opinions dialing parity. That is my understand- tions marketplace—both obvious and and voices is at the very heart of our ing of the Breaux-Leahy amendment. Is surprising players. Consumers can only democracy. I believe this bill creates this consistent with your understand- benefit from the stepped up competi- the potential to stifle many of those ing? tion if we break down the walls that voices in our media by greatly consoli- Mr. BREAUX. Yes. now separate cable companies, local dating broadcast ownership in this AMENDMENT NO. 1367 phone companies, long distance firms, country. Mr. HEFLIN. Mr. President, I rise to electric utilities, satellite firms, radio My colleague, Senator DORGAN, of- and television broadcasters, cellular fered an amendment earlier this week make a comment relative to the amendment I successfully offered ear- companies, computer companies, and that would have prevented a single tel- Hollywood studios. evision owner from concentrating own- lier today to the provision of the bill addressing cable-telephone company With passage of this bill, we hope ership above the current, reasonable that companies in all these areas will limit of 25 percent of the national audi- mergers and alliances. I understand that some concern has been expressed eventually invade each others’ terri- ence. This bill raises that limit, and tory, providing consumers with a mul- initially the Senate agreed that was a that the effect of the amendment may be broader than intended. I do not in- tiplicity of new choices and creating dangerous precedent. Then politics jobs along the way. Some reports esti- took over and the Dorgan amendment tent that this amendment have broad effect or undo the carefully crafted mate that true competition in all sec- was defeated. tors of the telecommunications indus- Today, an amendment by Senator buyout limitations agreed to pre- viously. I look forward to working with try could create 3.6 million jobs by SIMON which would have restricted 2003. radio station ownership to a very rea- the managers and conferees as we move forward to make any language changes We cannot even imagine much of sonable limit of 50 AM and 50 FM sta- what will eventually be available to necessary to ensure that the amend- tions was tabled. The bill, as it stands, consumers in this area. Among the pos- ment has only the narrow effects in- eliminates virtually all ownership re- sibilities are movies on demand, inter- tended. strictions. That simply does not safe- active home shopping, home banking, guard the diversity of voices that de- FEES IN LIEU OF FRANCHISE FEES interactive entertainment and the abil- mocracy requires. Mr. PRESSLER. In part, section 203 ity to take classes and talk with the I am also concerned that cable tele- of the bill adds a new subsection to the teacher from home. vision rates for consumers will rise 1934 Communications Act that would The break-up of the old AT&T mo- under this bill. An amendment by Sen- permit the collection of fees from pro- nopoly in 1984 is the best case study in ator LIEBERMAN to keep rates in check viders of video programming in lieu of the benefits of competition in commu- before real competition is in place was franchise fees. It is my understanding nications. We all remember the time also tabled today. I believe it is a mis- that this requirement does not permit when there was no choice in long dis- take to pass a bill that includes the local or State governments to impose tance—no price competition, no incen- word ‘‘competition’’ in the title but such fees on direct-to-home satellite tive to improve quality, no innovative does not safeguard consumers in the services. Is this correct? new services in long distance. absence of competition. Mrs. HUTCHISON. Yes, the intent of But since the break-up of AT&T, 30 Finally, I have concerns about re- the subsection to which you refer, million Americans switch long dis- building the telephone monopoly that which authorizes fees in lieu of fran- tance carriers a year, and long distance the Department of Justice and the Fed- chise fees, does not apply to the direct- rates have fallen 60 percent. Five hun- eral courts rightly ended. Now, the De- to-home satellite industry. However, dred companies now offer long distance partment of Justice, the very agency nothing in section 203 is intended to af- service. which protects Americans from anti- fect whether direct-to-home satellite There is now a wide consensus about trust practices, will not have a role be- services are otherwise subject to other the need to further unleash these tech- yond consultation in preventing a po- taxes or fees under current law. nological and market forces for the S 8466 CONGRESSIONAL RECORD — SENATE June 15, 1995 benefit of consumers. It is imperative market opportunity in history. Some preferable to the status quo. It will es- that we update Federal communica- forecasters, including the WEFA Group tablish fair and balanced ground rules tions policy to allow this to happen. in Burlington, MA, predict a January for competition in the communications We are still operating under the Com- 1996 opening of the telecommunications sector as we enter the next century. It munications Act of 1934. That should market to full competition would cre- will foster competition, assuring a speak for itself. ate 3.4 million new jobs, increase GDP needed balance among existing com- And since 1984, much of the commu- by $298 billion, save consumers nearly petitors and new entrants in this rap- nications industry has been regulated $550 billion in lower communications idly evolving field. by one man—Judge Harold Greene, who rates and increase the average house- This legislation provides us with a oversaw the AT&T break-up and who hold’s annual disposable income by $850 national policy framework to promote continues to oversee the consent decree over the next 10 years. As the Commu- the private sector’s deployment of new that governs the behavior of the Bell nications Workers of America have un- and advanced telecommunications and operating companies. He has done an derscored, delaying free and fair com- information technologies and services admirable job, but it is time for Con- petition means fewer new high-wage, to all Americans by opening all tele- gress to reenter the game. high-skill jobs. communications markets to competi- That is what this bill represents. As New technologies and industries tion. Free and fair competition and I mentioned before, I supported a num- seem to be emerging and merging al- maintaining universal service are the ber of important amendments that did most daily. They range from such sec- twin pillars of this new framework. not pass. I believe the Justice Depart- tors as entertainment and education to The bill assures that no competitor, ment should have a formal role in de- broadcasting, advertising, home shop- no business and no technology may use ciding whether Bell Companies should ping and publishing. One key player in its existing market strength to gain a be allowed to offer long distance. The this revolution is the Internet—the head start on the competition. The leg- Antitrust Division at Justice has the global computer cooperative with a islation requires that a company or expertise to assess a market and to current subscriber base of approxi- group of companies satisfy certain prevent monopoly abuse. mately 20 million and a 10 to 15 percent competitive tests before being able to I also supported my colleague from monthly growth rate. One billion peo- offer a new service or enter a new mar- Connecticut, Senator LIEBERMAN, in ple are expected to have access to the ket. Entry into new services and new his effort to strengthen the cable rate net by the end of the decade. While areas is contingent upon a demonstra- regulations in this bill. The leadership some may consider the net to be the tion that competition exists in the package of amendments we passed last revolution, it is only one of many play- market in which the business currently week included some additional protec- ers in the new communications net- competes. But once competition has tions for cable consumers. They rep- work game. been achieved, most Federal and State resent a considerable improvement We see examples of this new era al- regulation is replaced by consumer de- over the cable provisions in the bill as most daily, such as someone driving a mand to regulate the market. reported out of committee. Like Sen- car while talking on a cellphone. The These fundamental features of S. 652 ator LIEBERMAN, however, I wish we pace of change is so rapid that words are designed to create a level playing could have gone further. like ‘‘cellphone’’ and ‘‘Internet’’ and field where every player will be able to I hope that the remaining problems ‘‘telemessaging’’ are not in my office compete on the basis of price, quality, with this bill can be corrected as the computer’s spellcheck system. In the and service, rather than on the basis of House considers its version and the two weeks and months ahead, more and monopoly control of the market. chambers meet in conference. Further- more Americans will gain access to The bill also maintains universal more, if problems develop on cable video dialtone, choosing their tele- service as a cornerstone of our Nation’s rates or other matters down the road, vision programs through their tele- communications system. With many Congress can revisit the issue and phone service. Likewise, cable fran- new entrants in the communications make improvements at that time. chises will enter the local telephone market, S. 652 assures every player I commend Senators PRESSLER and service market. Residents of Spring- pays his fair share to continue univer- HOLLINGS on all of their hard work on field, MA, will be able to watch their sal service throughout our Nation. As this bill, which I think will provide a State legislators in Boston debate an the committee report states: shot in the arm for our economy. education bill and instantaneously The requirement to contribute to universal Mr. KERRY. Mr. President, the Unit- communicate with their legislators service is based on the long history of the ed States and, indeed, the world have about how to vote on an amendment. public interest, convenience and necessity embarked upon a new technological We will hear more talk about the play- that is inherent in the privilege granted by revolution. Like previous revolutions ers in this new game: content provid- the government to use public rights of way sparked by technological innovation, ers, transporters, and technology or spectrum to provide telecommunications this one has the potential to change enablers. services. dramatically our daily lives. It will As we consider this brave new age of The present system, where certain certainly transform the way we as hu- communications, it is clear the current parts of the country indirectly sub- mans communicate with each other. law, the 1934 Communications Act, is a sidize low-cost service in other areas, What we are witnessing is the devel- wholly adequate foundation upon will be phased-out. opment of a fully interactive nation- which to build a communications sys- I am also pleased the legislation in- wide communications network. It has tem for the 21st century. Moreover, al- cludes two amendments which I spon- the potential to bring our Nation and though the courts on occasion properly sored in committee and one I sponsored our world enormous good; without ap- have intervened to halt monopoly on the floor. The two amendments propriate ground rules to assure fair abuse—most notably a little over a adopted in committee seek to restore a competition, however, this revolution decade ago in the telephone industry— level playing field in two areas: broad- could create giant monopolies. The we should no longer leave the fun- cast rates for public, educational and communications policy framework we damentals of telecommunications pol- governmental entities—known as PEG create in this legislation will deter- icy to the courts. access groups; and competition in the mine whether many voices and views S. 652, the telecommunications bill pay phone markets. I am disappointed flourish, or few voices dominate our so- reported by the Commerce Committee that efforts to refine the payphone ciety. on March 23, 1995, by a vote of 17–2 and amendment were unsuccessful, but I The impact of this new age commu- which I am confident will be passed hope that further progress can be made nications revolution on the way we momentarily by the Senate, is not per- on the subject in conference. send and receive information, and the fect. In some respects, I would have As I noted earlier in my statement, way we will view ourselves and the preferred S. 1822, the bill crafted so there are several provisions in the bill world, is profound. Even more stagger- ably by Senator HOLLINGS and reported that continue to trouble me. On the ing is its potential impact on our econ- by the committee last year. However, floor, I offered and the Senate passed omy. We could be seeing the largest the legislation before the Senate now is an amendment to ensure low income and rural areas are not bypassed as June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8467 communications companies implement sure that this vital issue is addressed gramming, added by the Dole-Daschle- new technologies and services. in the conference on this legislation. Hollings amendment to new section As the bill moves to conference, I The reason this is so important is 623(l)(1)(D) of the Communications Act, will continue to do what I can to make twofold. First, in this era where Fed- has the same meaning as it does else- further improvements and defend eral, State, and local law enforcement where in section 632(l)(1) of the Com- against efforts to weaken its provisions often work together we need to main- munications Act and the FCC’s regula- protecting consumer interests and as- tain spectrum space so that these, and tions defining comparable. suring free and fair competition. other public service agencies, can com- Mr. HOLLINGS. The Senator’s under- Through this legislation and this de- municate with ease and with the most standing is correct. bate, we have a unique opportunity to advanced technology available. If we Mr. PRESSLER. Finally, I call the craft a telecommunications policy develop better technology to allow the Senator’s attention to the managers’ framework for the next century. police to talk to each other without amendment to S. 652. As amended by Today, Mr. President, each of us is in a the bad guys listening in, we must have the managers’ amendment, new section sense a pioneer heading out on the new the spectrum available to use this 613(b)(2)(B) of the Communications Act information highway. Each of us is not technology. clarifies that a Bell operating company only a witness to, but a participant in, Second, we must work to ensure suf- providing cable service as a cable oper- one of the most amazing technological ficient spectrum space for the myriad ator utilizing its own telephone ex- revolutions in history. We, as legisla- technological advances being made in change facilities is not required to es- tors, bear a special responsibility to as- the area of secured communications. I tablish a video platform. However, a sure that competition in this new era have heard several of the law enforce- Bell operating company that provides is fair and that every American in this ment leaders in my home State of cable service as a cable operator, and future generations may enjoy the Delaware raise these key points. So, I whether through its own telephone ex- fruits of this competition. This is truly believe this is a practical problem that change facilities or otherwise, would be one of the greatest challenges we face we face in Delaware and around the Na- subject to the PEG and commercial as we enter the 21st century. tion. leased access requirements of the Com- RADIO SPECTRUM FOR LAW ENFORCEMENT We do a disservice to law enforce- munications Act—sections 611 and PURPOSES ment and to the American people if we 612—applicable to all cable operators. Mr. HATCH. Mr. President, I share do not provide these public servants Mr. HOLLINGS. The Senator accu- the concerns that have been expressed with the many benefits of our rapidly rately states the intent of the bill as by others regarding the availability of advancing telecommunications indus- amended by the managers’ amendment. radio spectrum for law enforcement try. I look forward to working with my Mr. PRESSLER. I thank the Senator purposes. I have been contacted by law friend from Utah on this important ef- from South Carolina. enforcement organizations across the fort. POLE ATTACHMENT country, including those in my State of Mr. HATCH. I thank my friend and Mr. MURKOWSKI. Mr. President, I Utah, expressing these concerns. colleague from Delaware for his sup- have reviewed the provisions of S. 652, A critical element in the effort to port on this issue. As the former chair- as reported, that seek to amend section battle crime and to respond to emer- man of the Judiciary Committee, his 224 of the Pole Attachment Act of 1978. gencies of all types is the existence of strong support of law enforcement is As a result of that review, I am deeply reliable and secure radio communica- wellknown, and I look forward to work- concerned that these provisions would tions facilities, which in turn depends ing with him in this. have a significantly adverse impact on on adequate spectrum availability. Mr. BIDEN. I want to acknowledge electric utility ratepayers throughout Yet, current allocations may well be and thank my colleagues for their ef- the Nation. I am particularly con- inadequate to meet present needs. forts on this issue. In particular, Sen- cerned that these provisions would re- Many metropolitan police departments ator HATCH and the managers of this quire electric ratepayers to shoulder are unable to add new channels to alle- important legislation, Senator PRES- the burden of subsidizing not only viate congestion. SLER and Senator HOLLINGS not only cable operators but also telephone Moreover, spectrum space is also for their support of this effort, but also companies and telecommunications needed to bring new technologies on- their support of law enforcement. providers. The amount of money fore- line. Just last week, we passed a Mr. PRESSLER. I do share my col- gone by the bill as reported is not triv- counterterrorism bill, which included leagues’ concerns, and appreciate the ial. It amounts to tens of millions of important provisions to increase infor- interest of the chairman and ranking dollars annually, if not hundreds of mation sharing between law enforce- member of the Judiciary Committee in millions of dollars. Put simply, it is ment. Yet these provisions will be for this issue. I look forward to working not fair to ask consumers of electricity naught if spectrum space is not avail- with them on it. to subsidize cable operators and tele- able for the deployment of these tech- Mr. HOLLINGS. I, too, understand phone companies. In this connection, it nologies. these concerns and look forward to ad- is important to point out that this sub- I appreciate the commitment ex- dressing them. sidy does not even necessarily go the pressed by the managers of this bill to CABLE ISSUES customers of these companies. address this issue. I know that the Sen- Mr. PRESSLER. Mr. President, I From a consumer protection stand- ator from South Dakota, the Distin- would like to engage my colleague point, I believe the legislation should guished Chairman of the Commerce from South Carolina in a colloquy on be amended to ensure that all entities Committee, shares my concerns. As a several cable issues. First, it is my un- that attach to poles are required to pay former member of the Judiciary Com- derstanding that neither section 204(a) a fair and proportionate rate that pro- mittee, he understands the needs of law of the bill nor the relevant provisions vides for recovery of the cost of install- enforcement. I understand that he is in the Dole-Daschle-Hollings amend- ing and maintaining the entire pole, in- committed to attempting to resolve ment is intended to prevent the FCC cluding the common space. I ask the these concerns as this legislation and cable operators from entering into chairman of the Committee, Senator moves forward. I look forward to work- ‘‘social contracts’’ or other similar ar- PRESSLER, and the ranking minority ing with him and the Senator from rangements to settle rate complaints, member, Senator HOLLINGS, whether South Carolina on this vital issue as under which the operator agrees to they have any concerns on this matter the legislation moves through con- offer a low priced basic tier to offset an and what their plans are to remedy the ference. increase in the rate for cable program- situation. Mr. BIDEN. I am very concerned that ming services. Mr. PRESSLER. I agree with the Federal, State, and local law enforce- Mr. HOLLINGS. The Senator from Senator from Alaska [Mr. MURKOWSKI], ment have adequate spectrum avail- South Dakota is correct. that this is a real concern that needs ability, and would like to work with Mr. PRESSLER. I thank the Senator. to be addressed. I believe that many of the chairman of the Judiciary Commit- Second, it is my understanding that these concerns are being addressed in tee and the managers of this bill to en- the reference to comparable video pro- the Manager’s amendment, but to the S 8468 CONGRESSIONAL RECORD — SENATE June 15, 1995 extent that they are not fully ad- be a unwanted inequitable result from Mr. DASCHLE. I would be glad to dressed I will work with you to address this section, and I will work to solve yield to the honorable ranking member them. this potential problem in conference. of the Commerce Committee. Mr. HOLLINGS. I concur in the com- Mr. HOLLINGS. I, too, believe there Mr. HOLLINGS. I thank the Senator ments of the Senator from Alaska [Mr. may be a potential problem and will for yielding and support his suggestion MURKOWSKI] and the comments of the work to solve this problem in con- that the FCC investigate technologies Chairman of the Committee, Mr. PRES- ference with the House. that may cause problems for signifi- SLER. Mr. BROWN. I thank the managers cant segments of our population before SUBMITTED AMENDMENT NO. 1320 for their help on this important issue they are introduced into the United Mr. BROWN. Mr. President, I filed an and commend them for their work on States market. Such review is prudent amendment No. 1320, that addresses the the bill. I yield the floor. for consumers, and it will help all com- part of the bill which amends existing SINGLE LATA STATES panies by answering questions of safety law regarding pole attachments. Under Mr. PRESSLER. This amendment re- interference before money is spent de- the bill, all utilities are required to fers to ‘‘single-LATA states.’’ I under- ploying this technology here in the open up their poles, ducts, conduits or stand this to cover only states where United States. rights-of-way to other telecommuni- the LATA and the state are the same— Four million Americans wear hearing cations carriers on a cost basis. Of where the state constitutes the entire aids, and the Senator from South Da- course, there are exceptions to this. I LATA. kota has raised an important issue. filed an amendment which would have Mr. ROTH. That is my understanding GSM has been introduced in other removed that obligation for as well. The amendment would not ex- countries, and problems have been re- empt those states, like Delaware, that nondominant telecommunications car- ported. It is reasonable that these are part of a LATA that includes part riers. In other words, no nondominant problems be investigated before the of another state. growth of this technology effectively telecommunications carrier would Mr. PRESSLER. I agree with that in- shuts out a large sector of our popu- have to provide access on a cost basis. terpretation of the amendment. lation. Instead, they would offer access on a Mr. DASCHLE. Mr. President, this Mr. DASCHLE. I thank the Senator free-market basis. debate on S. 652 has clearly dem- for his remarks, and would also like to The reason this amendment was filed onstrated the potential of emerging commend his role in bringing tele- is straightforward. I can understand re- telecommunications technologies. It is communications reform to the floor. quiring the incumbent monopoly to truly exciting to contemplate what His leadership and patience throughout provide access on a cost basis, since the this legislation could mean for Amer- this three-year exercise that has captured rate payers funded the con- ican society. spanned two Congresses is well known struction. But, I cannot understand re- A particularly intriguing new devel- and widely appreciated. quiring other, competitive providers to opment in the telecommunications Mr. President, the public record indi- provide access on a cost basis—particu- field is the creation of Personal Com- cates that if companies are allowed to larly if their business is largely in pro- munications Services (PCS). These de- introduce GSM in its present form, se- viding access to those very same con- vices will revolutionize the way Ameri- rious consequences could face individ- duits on a market basis. cans talk, work and play. uals wearing hearing aids. I would urge There are competitive telecommuni- While this new technology opens new the FCC to investigate the safety, in- cations businesses that have laid lines vistas for personal communications terference and economic issues raised and built a long distance service services, its emergence also highlights by this technology. I also would urge through hard work and purely private the potential downside of entering the appropriate congressional commit- capital. There are telecommunications untested areas. Specifically, concerns tees to consider scheduling hearings on businesses that have focused on laying have been raised about the potential this issue. conduit or lines for purposes of leasing side-effects of some new PCS tech- Mr. PACKWOOD. Mr. President, S. or selling that capacity. The obvious nology on other devices such as hear- 652 contains what appears to be two problem would arise if these businesses ing aids. checklists—the first is in section that focus on selling capacity lose any Recently, the government completed 251(b)—and it deals with such issues as chance of profit because they must pro- an auction that netted $7 billion for interconnection, access, unbundling, vide access on a cost basis. I do not the right to provide advanced digital resale, number portability and local di- think the bill should apply to them, portable telephone service. It is my un- aling parity. Section 255, which deals but I am not sure that it does not. derstanding that some of the compa- with the removal of the long distance I am sure that the intent of this sec- nies that obtained these PCS licenses restriction imposed upon the Bell oper- tion was not to burden competitive have considered utilizing a technology ating companies by the modification of carriers that are in the business of pro- known as GSM—Global System for Mo- final judgment, has the second check- viding capacity. I ask the managers if bile Communications. I am informed list in section 255(b)(2). Section 251(b) they agree with me that this was not that people who wear hearing aids can- deals with the very same issues as sec- the intent of the section? not operate GSM PCS devices, and tion 255(b)(2) does, but its requirements Mr. PRESSLER. That is right. some even report physical discomfort are stated in a broader and less specific Mr. HOLLINGS. I agree with the Sen- and pain if they are near other people manner. Is a Bell operating company ator. using GSM technology. required to have ‘‘fully implemented’’ Mr. BROWN. The amendment I filed It should not be our intent to cause both the section 251 and the section 255 would have exempted nondominant problems for the hearing impaired in checklist before the Communications carriers from application. At this time, promoting the Personal Communica- Commission can authorize a Bell oper- we will not offer the amendment. tions Services market. It is my view ating company to provide interLATA The difficulty in this area is that it that the Federal Communications service pursuant to section 251(c)? is unclear whether the bill actually Commission (FCC) should carefully Mr. PRESSLER. No. causes an inequitable result and thus consider the impact new technologies Mr. PACKWOOD. When Section 255 whether anything needs to be done. We have on existing ones, especially as makes reference to section 251, is that will take a second look at drafting a they relate to public safety and poten- reference intended to incorporate the solution to this potential problem be- tial signal interference problems. An minimum standards of section 251? tween passage in the Senate and the FCC review is in keeping with the in- Mr. PRESSLER. No. conference with the House. tent of S. 652, which includes criteria Mr. CRAIG. What is the intended re- At this time, I ask the managers of for accessibility and usability by peo- lationship between the section 251(b) the bill if they will support our effort ple with disabilities for all providers ‘‘minimum standards’’ and the section to solve this potential problem in con- and manufacturers of telecommuni- 255(b)(2) ‘‘competitive checklist’’ given ference? cations services and equipment. that both the ‘‘minimum standards’’ Mr. PRESSLER. I agree with the Mr. HOLLINGS. Will the Senator and the ‘‘competitive checklist’’ ad- Senator from Colorado that there may yield? dress many of the same issues? June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8469 Mr. PRESSLER. The competitive loquy to help me put to rest the con- Mr. HOLLINGS. Mr. President, I am checklist is found in section 255(b)(2) cerns over this amendment? concerned that the language in S. 652 is and is intended to be a current reflec- Mr. STEVENS. Certainly. unclear concerning the requirements tion of those things that a tele- Mr. PRESSLER. For purposes of pub- that the regional Bell operating com- communications carrier would need lic safety radio services, there are panies [RBOC’s] must fulfill before from a Bell operating company in order many circumstances when the trans- they are permitted to provide to provide a service such as telephone portation industry must rely on radio interLATA, or long distance service. exchange service or exchange access telecommunications to address safety The entry provisions of section 255(b)(1) service in competition with the Bell concerns. For example, the railroad in- require that the RBOC must reach an operating company. This competitive dustry uses radio spectrum for voice interconnection agreement and must checklist could best be described as a and data communications that are es- fully implement the checklist under snapshot of what is required for these sential to public safety. Freight and section 255(b)(2). The language is un- competitive services now and in the passenger railroads rely upon radio clear, however, whether the RBOC ac- reasonably foreseeable future. In other communications to transmit authority tually must simply reach an agreement words, these provisions open up the for train movements, to broadcast to provide interconnection or whether local loop from a technological stand- emergency warnings, and to seek emer- it must also actually provide such point as section 254 opens the local gency response in the event of acci- interconnection to a carrier. I would loop from a legal barrier to entry dents. Indeed, radio communications simply clarify that, as one of the prin- standpoint. Section 251’s ‘‘minimum can often be critical to addressing the cipal authors of this legislation, it is standards’’ permit regulatory flexibil- safety concerns of many modes of my understanding that the legislation ity and are not limited to a ‘‘snapshot’’ transportation. Does the Senator from requires the RBOC not only to reach an of today’s technology or requirements. Alaska agree with my views? agreement but it must also actually NONDISCRIMINATORY TREATMENT Mr. STEVENS. Yes. The transpor- provide such interconnection to a car- Mr. HELMS. Mr. President, may I di- tation industry’s reliance on radio rier fulfilling the checklist under sec- rect a question to my distinguished communications can be critical to pub- tion 255. colleague from South Dakota regarding lic safety. The amendment is not in- I understand that the legislation does a minor technical matter in the Com- tended to impose economic burdens on not require that the RBOC’s comply mittee amendment? the transportation industry or other with both the minimum standards Specifically, I believe a clarification industries when meeting public safety under section 251(b) and the section 255 is in order regarding the Senate’s in- obligations. checklist before being authorized to tent in changing the heading on page For example, public safety radio provide interLATA service. I would 101 at lines 15 and 16 to read ‘‘(2) Non- services also include private, internal clarify one additional point, however, Discrimination Standards . . ..’’ It is non-commercial use radio services used concerning the charges of providing my understanding that this amend- to provide reliable and secure commu- interconnection under section 255. ment is necessary to express clearly nications in the management and oper- While there is no explicit reference to the Senate’s intent that the non- ation of utility and pipeline services, the charges that the RBOC’s may as- discrimination provisions in this para- like the Trans-Alaska pipeline and sess for interconnection under section graph shall apply to transactions of other oil, gas, mining, and resource de- 255, it is my interpretation of the lan- Bell operating companies with all par- velopment activities in my state under guage in section 255 that the RBOC’s ties, not just other local exchange car- federal, state, and local statutes, regu- must provide interconnection under riers as incorrectly suggested in the lations and standards relating to public section 255 at charges that are consist- Committee Report. health, safety or security. ent with section 251(d)(6). Indeed, while Such nondiscriminatory treatment in Mr. PRESSLER. I thank the Senator. the reference to section 251 in section procurement, standards-setting, and Now, I will yield to the Senior Senator 255(b)(1) is not intended to refer to the equipment certification is particularly from Oregon, who I understand would minimum standards under section 251, important to the telecommunications also like to comment on this important it is intended to include reference to equipment supplier community. Inde- subject. subsection (d)(6) in section 251 concern- pendent suppliers must have the same Mr. PACKWOOD. I thank the Chair- ing the charges for each unbundled ele- opportunity to sell to the Bell operat- man. I wanted to stress that the avail- ment under section 255. I appreciate ing companies as any of their affili- ability of radio frequencies is critical the opportunity to share this interpre- ates. This is good for the consumer, to technological advancements which tation with colleagues. good for the suppliers, and good for the enhance transportation safety. For ex- Mr. FEINGOLD. Mr. President, I rise telephone companies. ample, the Department of Transpor- in opposition to the Telecommuni- Mr. PRESSLER. The understanding tation is currently working with the cations Competition and Deregulation of my colleague from North Carolina is Union Pacific Railroad and the Bur- Act of 1995. Mr. President, I had hoped correct. lington Northern Railroad on an im- that, following the adoption of several Mr. HELMS. I thank my good friend portant test program to demonstrate proconsumer amendments on the floor, from South Dakota for making this the benefits of a new technology using that I would be able to support this clarification in the bill. radio spectrum called Positive Train legislation. AMENDMENT NO. 1256 Control. In fact, a 1994 Federal Rail- I favor increased competition and de- Mr. PRESSLER. Mr. President, I un- road Administration report to Congress regulation of telecommunications mar- derstand there is some concern among specifically emphasized the importance kets because true competition benefits those in the transportation industry of radio technology in the development consumers by providing them with over an amendment agreed to earlier of positive train control. more choices, lower prices, and im- regarding the use of auctions for the This is just one example of how the proved service. However, Mr. President, allocation of radio spectrum fre- radio spectrum can be important to the S. 652, as it was reported by the Com- quencies. Specifically, the amendment development of new transportation merce Committee, did not contain ade- would extend the FCC’s authority to safety technologies. Since the avail- quate assurances that the deregulation use auctions for the allocation of radio ability of radio frequencies will be crit- of telecommunications markets will spectrum frequencies for commercial ical to these efforts in the future, I result in true competition. And unfor- use. That amendment, which I sup- strongly agree with my colleagues the tunately, Mr. President, virtually all of ported, also includes a provision to ex- term ‘‘public safety radio services’’ in- the amendments offered on the floor to clude so-called ‘‘public safety radio cludes safety-related communications ensure that this bill would benefit services’’ from competitive bidding re- of railroads and other modes of trans- users of telecommunications services quirements. portation. were rejected by the Senate. I see the sponsor of the amendment Mr. PRESSLER. I concur with the Mr. President, I am disappointed on the floor. Will the Senior Senator Senator and thank him for his com- about that turn of events because I from Alaska enter a very short col- ments. think there was ample opportunity to S 8470 CONGRESSIONAL RECORD — SENATE June 15, 1995 make this bill a good bill for consum- tance markets will not evaporate if intended to benefit consumers and pro- ers, local communities, State govern- this bill becomes law. tect them from potentially anti- ments, and private businesses alike. I And Mr. President, if the absence of a competitive practices of some within regret that the Senate took what DOJ role did not provide adequate rea- the telecommunications industry. I should have been an opportunity to son to oppose this bill, the rejection of have wondered if my colleagues have better serve consumers, and turned it a substantial number of basic forgotten that the reason we are at- into an obstacle to greater true com- proconsumer amendments only added tempting to encourage grater competi- petition in telecommunications. to my opposition. tion through deregulation is to benefit The amendment offered by the Sen- Mr. President, this bill repealed consumers, not the competitors them- ator from North Dakota, Senator DOR- much of the cable rate regulation es- selves. This bill might be very good for GAN, and the Senator from South Caro- tablished in the 1992 Cable Act, a law telecommunications business interests, lina, Senator THURMOND, was among enacted in response to consumer out- but it is not good for consumers. the most critical amendments offered cries about skyrocketing cable rates. In addition, Mr. President, I am very to improve this bill. That amendment The Senator from Connecticut [Mr. disturbed by the passage of an amend- would have included in the legislation LIEBERMAN] offered an amendment ment yesterday, offered by the Senator a strong decisionmaking role for the which would have merely provided an from Nebraska [Mr. EXON] which I be- Antitrust Division of the Department accurate yardstick to measure whether lieve contains an unconstitutional pro- of Justice in the approval of the re- a cable company’s cable rates were out vision. I spoke at great length yester- gional Bell operating companies of line and should be subject to regula- day about my specific concerns with [RBOC’s] entry into long distance tele- tion. That amendment was tabled. that amendment. communications markets. It was an at- An amendment offered by the Sen- Mr. President, it is with disappoint- tempt to rectify the inadequate long ator from California [Mrs. BOXER] ment that I must oppose S. 652. How- distance entry provisions contained in would have provided some assurance ever, the outcome of the floor action the bill. that channels currently included as on this bill, leaves me very little Mr. President, while the bill did at- part of a consumers’ basic tier cable choice. tempt to provide protections for con- service, which remain under Govern- LEGISLATIVE HISTORY LANGUAGE ON sumers, such as the competitive check- ment regulation, would not be moved OWNERSHIP CAP/ATTRIBUTION list and the public interest test, there into more costly upper tier packages, Mr. PRESSLER. Mr. President, In was still a distinct need for review by which will be deregulated under this raising the ownership cap to 35 percent the Antitrust Division of the Depart- bill. S. 652, in its current form actually of the Nation’s TV households imme- ment of Justice. The competitive provides an incentive to move channels diately, with a biennial regulatory re- checklist in S. 652 only ensures that offered as part of a basic package into form review, it is our intent to permit certain technical and legal barriers to the unregulated upper tier packages for broadcast companies to achieve greater competition in the areas served by the which cable companies can now charge operational efficiencies through ex- Bell monopoly have been eliminated higher rates. Senator Boxer’s amend- panded group ownership of television prior to the RBOC entry. This check- ment was tabled. stations. There is a danger, however, list does not require that competition The Senator from Nebraska [Mr. that future changes to the FCC’s attri- actually exist in local markets domi- KERREY] offered several very good bution rules—for example, prospec- nated by the RBOC’s before they are amendments on this bill. One very sim- tively or retroactively restricting the able to use their substantial market ple amendment would have merely re- availability of the single majority power to enter long distance markets. quired that a consumer representative shareholder exemption or attributing The power of the local monopoly is sit on Federal-State Joint Board on nonvoting stock—could cause some without equal in telecommunications Universal Service, the board which will ownership interests not now covered by markets. The advantages provided to study existing universal service sup- the cap to fall within the scope of this them over those with lesser market port mechanisms and make rec- regulation. Such a result could seri- power, fewer resources, and limited op- ommendations about how to preserve ously undermine the goal that we are portunities to control entry by their and advance universal telecommuni- seeking to advance through adoption of competitors are without bounds. We cations service. It seems entirely ap- this legislation. Accordingly, the com- must keep in mind that competition in propriate that rural consumers be mittee expects the FCC to avoid the both local and long distance markets guaranteed representation on this adoption of more onerous or restrictive cannot exist when one player has sub- board. Senator Kerrey’s amendment attribution policies that would reduce stantially greater market power than was tabled. the national station ownership poten- his/her rivals. The package of leadership amend- tial of individual companies below the S. 652 also prohibits the Federal Com- ments that was approved earlier this level that would be permitted under a munications Commission, the agency week by the Senate eliminated vir- 35-percent cap utilizing the attribution required to enforce the competitive tually all restrictions on the number of rules that are currently in effect. checklist, from expanding on the cri- radio stations one entity might own PROMOTING THE USE OF TELECOMMUTING teria contained in the checklist. If raised a number of concerns about Mr. SPECTER. Mr. President, I have Congress has overlooked crucial cri- undue market concentration in broad- sought recognition to speak more fully teria with respect to barriers to entry, casting. While I voted for that package about my amendment on FCC would be unable to consider it. At of amendments because it contained a telecommuting, which passed the Sen- the same time the bill limits FCC’s prohibition on cable/telephone com- ate yesterday by voice vote. My role, it provides absolutely no role for pany cross ownership, I remained con- amendment directs the Secretary of the Department of Justice which is the cerned about the radio ownership pro- Transportation to research successful agency responsible for the competition visions in the package. The Senator telecommuting programs and to inform that exists today in long distance mar- from Illinois [Mr. SIMON] attempted to the general public as to the types of kets. Senators DORGAN and THURMOND increase the number of stations one en- telecommuting programs that are suc- worked hard to rectify that inadequacy tity might own by 150 percent from ceeding and the benefits and costs of by offering an amendment giving the current law rather than lifting the re- such programs. This amendment is ap- Department the authority to approve strictions entirely. His effort was de- propriate in the context of the pending individual RBOC applications to enter signed to ensure that this bill did not bill, which accelerate the deployment long distance markets. Mr. President, actually result in less competition in of advanced telecommunications and that crucial amendment failed. radio broadcasting. His amendment information technologies. The absence of a sound antitrust re- was rejected. As my colleagues are aware, view of RBOC applications to offer long Mr. President, the list of defeated telecommuting is the practice of allow- distance service means there is little proconsumer amendments goes on. I ing people to work either at home or in assurance that the benefits consumers was astonished by the rejection of nearby centers located closer to their have realized in a competitive long dis- some of these amendments which were home during their normal working June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8471 hours, substituting telecommuni- concentrated in the largest, most con- Edelen and Jones, a paralegal, are early cations services, either partially or gested urban areas, with 90 percent of beneficiaries of a pilot program that may fully, for transportation to the tradi- the benefits accruing to the 75 largest spare tens of thousands of federal workers tional workplace. I believe that it is in American cities. Thus, the greatest enervating commutes while boosting produc- tivity and cutting air pollution. the national interest to encourage the benefits will occur where they are most The women are among 56 workers who use of telecommuting because it can needed. Reflecting the direct effects of spend one or two days a week at the enable flexible family-friendly employ- telecommuting on transportation, the InTeleWorkNet Center, a 14-station office ment, reduce air pollution, and con- Department of Transportation has re- suite replete with computers, faxes, printers serve energy. Further, as a Senator ported that in 1992, telecommuting and other equipment. The center, set up with from a State which has major urban saved 2 million Americans an esti- money from the General Services Adminis- areas like Pittsburgh and Philadelphia, mated 3.7 billion vehicle miles, 178 mil- tration, is one of five on the fringes of the lion gallons of gasoline, and 77 hours of Washington area, where federal commuters I recognize there is a real need to im- face particularly grueling trips. prove the qualify of life in and around commuting time each. The Department Proponents see the centers as forerunners America’s cities. also estimated that telecommuting of scores of similar stations that would dot According to a July, 1994, Office of would lead to reductions of hydro- the area, in essence bringing many work- Technology Assessment report, be- carbons and nitrogen oxides on the places within a short drive or even a bicycle tween 2 to 8 million American workers order of 100,000 tons in the year 2002 ride of workers’ homes. The GSA, which is already telecommute at least part and 1 million tons of carbon monoxide. using the Washington area as its prototype, time. A 1994 survey by the conference Rural areas should also benefit from a expects to expand the program nationwide, broader use of telecommuting because fostering ‘‘telework’’ centers for 60,000 fed- board found, however, that in 155 busi- eral employees by 1998. nesses nationwide, only 1 percent of more employment opportunities would The federal pilot, funded by a $6 million employees telecommute, although 72 be available through the information appropriation through late 1996, is one of percent of the businesses had such an superhighway. several initiatives to bring telecommuting— option. My amendment is simple and working at a distance from the usual office— According to the Office of Tech- straightforward. It directs the Sec- to government workers in the Washington nology Assessment, the most signifi- retary of Transportation to identify area. cant barriers to telecommuting are successful telecommuting programs Fairfax, Arlington and Montgomery coun- used by Government agencies and com- ty governments all have begun small pilot business and worker acceptance and programs for their staffs to work from home. costs. This legislation responds to the panies and publicize information about The Metropolitan Washington Council of need to broaden public awareness of such programs in order to broaden pub- Governments, a regional planning agency, the benefits and costs of lic awareness of the benefits of envisions four work centers in Virginia an telecommuting, and to identify and telecommuting. The Secretary would done in the District for private and public highlight successful programs that can carry out this directive in consultation workers. And this year, Maryland is to be duplicated. with the Secretary of Labor and the launch a three-year pilot program for state I believe telecommuting is profamily. Administrator of the Environmental employees, who would work at home. The programs are initial steps toward a I have seen several news articles which Protection Agency, so that work force transformation already well begun in the featured working mothers and other and environmental concerns will be private sector. Estimates of the number of parents who endorse telecommuting as taken into account. The Secretary of telecommuters in the United States begin at benefiting child care and flexibility Transportation would also be required 5 million, yet the federal government, with generally. One General Services Ad- to report to Congress on his findings, its 2.8 million employees, has only 3,000 ministration employee who now conclusions, and recommendations workers enrolled in telecommuting pro- telecommutes was interviewed for a with respect to telecommuting within 1 grams. By comparison, one regional tele- June 11, 1995, Washington Post article year of enactment. Using such informa- phone company alone, Bell Atlantic Corp., has 2,000 telecommuting employees. Public remarked, ‘‘I just wish they had this tion, Congress may consider whether or private, the programs’ impetus is the much sooner, when my kids were lit- additional legislation to promote same. Planners and executives look around tle.’’ telecommuting is warranted or desir- and see the same things workers by the le- Telecommuting should also appeal to able. gion experience—bad air, traffic jams and computer-literate younger Americans, I ask unanimous consent that the stress-filled schedules that commonly have such as those described as Generation texts of the Washington Post and Bos- workers leaving home before dawn and plac- X, for whom a balance between work ton Globe articles I have mentioned be ing their children in the care of others in and lifestyle is very important. This printed in the RECORD. eerily empty suburbs. There being no objection, the articles ‘‘You wonder: My God? Isn’t there a better new generation of American workers is way to do this?’’ said Warren Master, head of the most adept at utilizing computers were ordered to be printed in the the GSA pilot project. and should welcome the opportunity to RECORD, as follows: Master speaks with the zeal of the con- spend less time commuting and more [From the Washington Post, June 11, 1995] verted, sketching aloud plans for work cen- time pursuing other interests. FEDERAL WORKERS TEST DRIVE ters that play host to both government and It is also important to note that TELECOMMUTING private employees and that attract the some physically impaired individuals (By Todd Shields) broader public with copying shops, Internet are able to obtain jobs thanks to their In a federal office in Waldorf, Julie Jones access and services such as Veterans Affairs occupies workstation 13. Chrissie Edelen sits counselors or Internal Revenue Service ad- ability to telecommute. An April 23, visers. 1995, Boston Globe article detailed a right beside her, in mirror-image No. 14. Their cubicles are bereft of humanizing For the time being, though, the benefits go pilot project in Massachusetts, where touches, bare of the snapshots or primarily to people such as Jones, the para- physically impaired individuals such as photocopied cartoons that might proclaim legal. A resident of Clinton, in southern the legally blind and quadriplegics do that a person is in the bureaucrat’s seat. Prince George’s County, she usually com- transcription work for doctors and hos- They’ll go all day without walking down mutes more than an hour to Defense Map- pitals. One women who suffered crip- the hall to a meeting. ping Agency offices in Merrifield or Be- thesda. On Wednesdays, she travels a few pling injuries in an automobile acci- They’ll not be visited by a boss, and no col- league will drop in for a chat. miles south against traffic to reach the Wal- dent noted that she never thought Office grumps? Strange ascetics? dorf center in 15 minutes or less. she’d work again, but that this new Certainly not. They are happy The hours saved leave more time with her telecommuting program ‘‘is like a gift telecommuters, using their cubicles in husband and 22-month-old son. But Jones sent from heaven.’’ Southern Maryland once a week, on the was surprised to find an added plus: She can Telecommuting should be of interest blessed day when they don’t devote two or accomplish far more at the Waldorf center, because of its potential implications three hours to the simple act of getting to where she has all the equipment she needs for transportation, particularly the and from work. And that, they certainly without the countless distractions of big-of- love. fice life, she said. mitigation of traffic congestion. The ‘‘The morale is excellent,’’ said Edelen, a ‘‘It makes things easier,’’ Jones said. ‘‘It’s Energy Department issued a report in graphic artist. ‘‘I feel more relaxed. You’re just the same as if I’m working at my desk June, 1994, in which it stated that not fighting traffic. . . . You just feel bet- in Merrifield or Bethesda, except I don’t have telecommuting and its benefits will be ter.’’ as many interruptions.’’ S 8472 CONGRESSIONAL RECORD — SENATE June 15, 1995 Jones and Edelen, who works for the Fed- into a home computer and sent back to the Under the telecommuting system she ex- eral Highway Administration, said they save hospital or doctor. pects the turnaround time to be greatly re- large, complex tasks for their The program, which allows physically im- duced. telecommuting days. Being able to work paired people including the blind, to do tran- ‘‘People can work at their homes at mid- without interruption is a relief. ‘‘It’s off my scription work for doctors and hospitals, night or 3 a.m. if they feel like it or they can brain,’’ Jones said, ‘‘and I’m on to something originated at Boston University’s Helping tend to their children and start work any else.’’ Hands project, best known for its work in time they like. The more they work, the The Waldorf workers have experienced training monkeys to help quadriplegics. It is more they earn,’’ she added. what telecommuting consultants and advo- funded in large part by a $50,000 grant from The homebound computer transcriptionists cates long have contended: that teleworkers the State Department of Employment and will be paid 7 cents a line. They can work as are more productive. Studies document in- Training. much as or little as they like, and much will creases of 15 percent to 25 percent, said Mas- M.J. Willard, executive director of Helping depend on how extensive a doctor’s notes are ter, of the GSA. Hands, affiliated with Boston University’s on any given assignment, she explained. But telecommuting still can be a tough Medical School, described this pilot project Palermo, originally from Watertown, N.Y., sell, said Jennifer Thomas, program director ‘‘as diversification of the original program.’’ and with a degree in English, came to the at the GSA’s telecommuting center in Fred- The idea came about, she said, after talks North Weekly region about 19 years ago on ericksburg, VA., which opened its second with the Massachusetts Rehabilitation Com- assignment from the Social Security Admin- branch last month. mission, the Massachusetts Commission for istration to the Lynn office. ‘‘Some kind of grumpy middle manager the Blind and Gov. Weld’s Telecommuting Later she worked as a waitress at Durgin will say, ‘How do I know this person’s not Initiative. A variation on the program is Park in Boston, ‘‘where I was entertaining goofing off?’ ’’ Thomas said. Her center ad- working in California, she said. people for 12 hours a day. So I decided to be vises the managers to judge by results. So ‘‘Over the summer, working with people re- a stand-up comic, where I only had to be far, she said, the center has received only ferred by state agencies and scored for com- funny for 5 minutes.’’ positive feedback from workers and their patibility with home transcription work, a ‘‘When the accident happened I was in the managers. dozen trainees learned medical terminology, process of thinking about a work change. I Despite the good reviews and the affected learned how to use computers and commu- never imagined I’d be working at home with workers’ adulation—virtually all Waldorf nication modems and software programs for a computer,’’ she said. teleworkers surveyed by the University of writing and communication by computer. RESTRICTION ON IN-REGION MERGERS OF Baltimore’s Schaefer Center for Public Pol- ‘‘Not surprisingly, we discovered the very TELEPHONE AND CABLE COMPANIES icy thought the arrangement improved mo- reasons that we set up the program were Mr. THURMOND. Mr. President, I rale and their quality of life—the centers’ fu- causing problems for the students—commut- rise to commend the leadership and the ing,’’ she explained. ture is by no means assured. managers of the telecommunications ‘‘Once the funding runs out on these pilots, The classes at BU were scaled back to once they, of course, have to be self-sufficient,’’ a week and then the students could learn by bill, S. 652, for the amendment which Master said. When subsidies drop away, the communicating with their computers. While was made to ensure that potential charge to agencies that rent the computer BU provided the class space and administra- competition between telephone compa- workstations will increase. Master said agen- tive help, Willard said IBM donated comput- nies and cable companies will be main- cies still could save money if they reduce the ers and modems, the Dictaphone company tained for the benefit of consumers. number of desks in central offices, to take donated some Dictaphones and deeply dis- Until this amendment was made, I had account of telecommuters. counted others, Willard explained. And the serious concerns about S. 652 removing state paid the salary for the instructor. One person who hopes the centers will suc- the current prohibition on mergers be- ceed is Ruth Ann Campbell, a GSA budget ‘‘We had contacted 82 hospitals and tran- analyst who for 28 years has endured com- scription companies to gauge their interest. tween local telephone exchange car- mutes of as far as 42 miles from her home in Thirteen expressed interest but Melrose- riers and cable companies in their serv- La Plata. Now she revels in the opportunity Wakefield Hospital expressed deep commit- ice regions, subject only to standard to drive just 10 miles north of the Waldorf ment in making this happen, so we went antitrust scrutiny. I was prepared to center. with them,’’ said Willard. offer an amendment to the original ‘‘My family and friends think I’m much At the hospital, Jackie Valente, director of language in the bill because it lessened medical management, said the Helping nicer,’’ she said during a break in the work the likelihood of vigorous competition center’s small video-conferencing room. ‘‘I’m Hands project could not have come at a bet- not only happier on Wednesdays, I’m happier ter time. An increasing number of physicians developing between telephone and because I’m looking forward to next Wednes- need faster and more efficient transcription cable companies, with each offering the day. . . . services. services of the other. ‘‘I just wish they had this much sooner, ‘‘We see this expanding to 50 or so physi- As the chairman of the Judiciary when my kids were little.’’ cians with about one transcriptionist for Committee’s Antitrust, Business every three doctors,’’ said Valente. Rights, and Competition Subcommit- [From the Boston Globe, Apr. 23, 1995] Right now, she added, Dr. Khaleet Beeb is working with a transcriptionist to establish tee, I am particularly pleased that the QUADRIPLEGICS GET HELP IN WORK-AT-HOME formats and to work out kinks in the sys- amendment adopted to restrict tele- PROGRAM tem. For the moment, the transcriptionist phone-cable mergers contains a savings (By Andrew Blake) first sends the transcribed reports to a proof- clause which makes absolutely clear When Mary M. Palermo suffered crippling reader working at home in Quincy, who that the antitrust laws are maintained back injuries after an automobile accident in checks for correct medical terminology and and will be applied by the antitrust en- Revere in the summer of 1992, she thought then sends it to Beeb at the hospital. forcement agencies. Thus, even if the she would never be able to work again—cer- Three more transcriptionists she said, in- FCC grants a waiver as permitted in tainly not as a waitress or in an office. cluding Palermo, are about to start possibly In some respects she was right. She says as early as this week. One is in Dorchester the amendment or a merger comes she can’t commute to work because of back and the other lives in Watertown. within the rural exception, the Depart- pain. But under a program just gearing up at One of the physicians about to use the pro- ment of Justice and the Federal Trade Melrose-Wakefield Hospital, Palermo will gram is Dr. Joseph L. Pennacchio, a Revere Commission still have the authority ‘‘tele-commute’’ as she and several others native who is president of the medical staff and the obligation under the law to work for doctors at the hospital via com- at Melrose-Wakefield Hospital. consider whether any telephone-cable puter, without leaving their homes. ‘‘This sounds like a good program. I can merger, acquisition, or joint venture ‘‘For me this is like a gift sent from heav- definitely see advantages. With this service en,’’ said Palermo, 42, of Revere. we can better document our notes, commu- violates the antitrust laws. ‘‘I started getting assignments for tran- nicate faster for the benefit of patients and Mr. President, antitrust analysis by scriptions on April 4 and the best part is I get more detailed information to us more ef- the antitrust authorities is critical to can work at home at my own pace,’’ she ficiently,’’ said Pennacchio. promote competition between the two added. The system currently used by doctors to wires—cable and telephone—that al- One doctor at the hospital has been using have their notes transcribed relies heavily ready run to the home, and avoid a sin- the new service since February. Several on commercial transcription services and gle monopoly provider of both cable more physicians employed by the hospital or free-lance transcriptionists who stop by the and telephone services, which would re- hospital or doctor’s office to pick up tapes. affiliated with it are expected to start using sult in higher cable and telephone the service within a week or two. The person then listens to the tapes, tran- Doctors dictate their patient medical scribes the information on a typewriter and prices for consumers. notes, progress notes or surgical notes into a then carries the material back to the hos- I am pleased that an agreement was Dictaphone. The notes are then heard by a pital. That can take days or weeks, accord- reached in this area and that this transcriptionist at his or her home, typed ing to Valente. amendment is now part of the bill. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8473 RURAL HEALTH PROVIDERS telemedicine technology. This saved have the grant money to pay for the Mr. ROCKEFELLER. Mr. President, I the patient a 138-mile trip over moun- monthly charge we could not maintain want to take a few moments to talk tainous terrain to West Virginia Uni- the hookup.’’ about how the Snowe-Rockefeller pro- versity Hospital. The patient instead Mr. President, our amendment is vision in the bill before us today will was able to be treated at the rural hos- carefully targeted to health care facili- assure rural residents that when it pital and ended up saving the Medicare ties that are providing health care comes to their health care they will Program $2,500. services in rural areas. We have also have the same advantages as urban And, of course, when minutes, even specifically included academic health residents. seconds, count, having the instant centers, teaching hospitals, and medi- A shortage of family doctors, pedia- availability of emergency consulta- cal schools in our amendment. These tricians, nurse practitioners, and other tions can literally mean the difference institutions have been essential part- primary care providers has been a between life and death. Just last week ners with rural health providers in chronic problem in rural areas. Access in West Virginia, an emergency medi- planning and creating rural health to a medical specialist has been prac- cal resident staffing a rural hospital telemedicine networks and have been tically nonexistent unless a rural citi- emergency room had to treat a patient leaders in initiating rural health net- zen was willing and able to travel, with a broken neck. The medical resi- works. Rural health care providers are sometimes a very long distance, to be dent had never treated a broken neck generally so overloaded with patient treated. before, but because the rural hospital care demands that it is difficult for Telemedicine is a telecommuni- had telemedicine capabilities, Dr. John them to spend the time planning and cations technology that can address Prescott, the chief of emergency medi- coming up with the resources to imple- both these problems, and at the same cine at West Virginia University was ment a telemedicine program. time, save money for both patients and able to immediately consult with the In addition, academic health centers health care facilities. Patients save be- doctor on the appropriate treatment bring health professions training pro- cause they can be treated in their own protocol. The patient was stabilized grams and continuing education pro- hometown rather than being referred and later transferred to a referral hos- grams to the rural health network to an out-of-town specialist. This saves pital. which reduce professional isolation for them transportation and overnight ac- Our amendment will help bring down the rural health care providers. Fi- commodation costs. a significant financial barrier to the nally, it promotes an increased under- Patient cost-sharing payments will development of telecommunications standing and sensitivity on the part of also be less if a patient can be treated technology in rural areas: the costs of the academic health center to many as- locally rather than transported to a re- transmission. While the basic start-up pects of rural health care. ferral or specialty center. The costs of costs for acquiring telemedicine tech- Mr. President, I am extremely a local, rural hospital are generally nologies are coming down, trans- pleased and relieved that the amend- lower than a teaching or specialty hos- mission costs remain unaffordable. A ment I sponsored with the Senator pital. In those cases when a patient small, rural hospital in West Virginia from Maine, Senator SNOWE, was not must be transferred for specialty care, reported that the estimated charge for stricken from the telecommunications the availability of telemedicine con- a T1 line to allow them to hook up bill. I believe that our provision will sultations can speed up when a patient with a larger hospital for administra- have a tremendous positive effect on can be transferred safely back home. tive and quality assurance support was rural health care. We are already see- Mr. President, a major difficulty in an unaffordable $4,300 a month. ing amazing results in terms of quality recruiting doctors and other health The West Virginia University which of care and in improving access to pri- care providers to rural areas is the pro- started a pilot telemedicine project 5 mary and specialty care in rural areas fessional isolation, the heavy work- years ago, recently solicited bids for as a result of telemedicine. This load, and little or no back-up medical carrier services; three companies bid amendment will make sure that the support. Telemedicine can provide life- for the service. The winning bid’s important progress we have made in saving back-up support for medical monthly charges ranged from $475 a rural health care will continue and ex- emergencies which eases the minds of month to $2,200 a month. The highest pand. patients and their families and the doc- monthly charge of $2,200 was for a tele- tor taking care of the patient. Tele- communications hookup with a small LIMITING ACCESS BY CHILDREN TO communication hookups can reduce rural health center in Greenbrier Coun- INAPPROPRIATE MATERIALS ON THE INTERNET the sense of professional isolation and ty, WV with the closest teaching hos- Mr. ROBB. Mr. President, as you provide for continuing education op- pital in the area. know, the Internet is a remarkable de- portunities. And, over the long run The cost of transmission must be velopment that has transformed the telemedicine can increase training op- lowered if telemedicine is to become way people communicate. On the portunities for health care profes- economically feasible for many rural Internet, you can converse on-line with sionals at rural sites, increasing the communities. Right now the West Vir- family, friends, and associates across chances a doctor or nurse will return ginia telemedicine project is funded by the globe, search untold numbers of to practice in a rural community. Federal grant dollars. This is true for data bases on every imaginable subject, Mr. President, in West Virginia and hundreds of telemedicine projects all and share ideas with millions with the all across the country, rural hospitals across the country. Congress with en- push of a button. The Internet is an are finding it increasingly difficult to thusiastic bipartisan support has en- enormous highway with few rules. Its retain patients in the community be- couraged the development of simplicity is part of its appeal. But its cause specialty physicians have a hard telemedicine technologies all across lack of rules is also a source of consid- time diagnosing a patient’s condition the country. The Government has pro- erable concern, because of the wide- over the phone based only on a verbal vided seed money for telemedicine, but spread availability of materials on the description of the problem by the rural unless we make sure that tele- Internet that are entirely inappropri- physician. Now with telemedicine, communication transmission costs are ate for children. many of those rural hospitals can safe- affordable over the long run, many Certainly one option is to impose ly and effectively care for their pa- rural health care providers won’t be stricter legal penalties for putting of- tients instead of referring them else- able to continue with these very impor- fensive materials on the net, and the where. tant projects. provisions in the bill accomplish this. I For example in West Virginia, a med- Tommy Mullins, a hospital adminis- am concerned about these provisions, ical student and a primary care doctor trator for a small rural hospital in however, because they challenge first consulted with the chief of neurology West Virginia, recently told my staff amendment rights and undermine one at West Virginia University about an that ‘‘the $2,000 per month service of the freest, most spontaneous com- elderly Medicare patient. The chief charge for the T1 is more than I spend munications media ever devised. neurologist was able to diagnose the for educational programs for my entire Another approach is to pursue a tech- patient’s medical condition through staff of 150 employees. If we did not nological solution. Parents can block S 8474 CONGRESSIONAL RECORD — SENATE June 15, 1995 cable TV channels they deem inappro- gotiate legislative language to be in- more services to the American people. priate for children. We need similar cluded in the final bill. I think this is a very exciting era, and controls for the Internet and other I ask unanimous consent that the this bill an historic opportunity. I hope electronic communications media. statement of goals be printed in the the House acts quickly, and I hope we Some Internet providers are offering RECORD. have a conference as soon as is prac- schools a service that denies access to There being no objection, the mate- ticable. I hope a Conference Report can unsuitable Internet sites. One software rial was ordered to be printed in the be adopted by both the House and the vendor is now offering a service which RECORD, as follows: Senate, and I hope the President will identifies and, if a parent desires, fil- STATEMENT OF GOALS FOR AMENDMENT ON sign the bill. ters out inappropriate materials on the STANDARDS-MAKING AND CERTIFICATION The intention of this bill is to get ev- Internet. These are encouraging steps, In addition to the provisions in S. 652 re- erybody else into everybody else’s busi- garding Bellcore manufacturing, the parties ness. It is to promote competition and and I hope industry will continue to de- agree to negotiate an amendment for adop- velop and market such services. These tion in the final act that will: to deregulate. It has been a struggle services must be purchased, however, Ensure that entities engaged in industry- because almost everybody in the indus- and will not come cheap for all wide telecommunications equipment stand- try says they are for deregulation. Yes, Internet users. Hence a more ubiq- ards-making use open and non-discrimina- they say they are for deregulation, but uitous fix is needed. tory procedures. they usually mean deregulation of the Ensure that any entity that is an affiliate other guy. Another option, addressed in this of more than one Bell operating company amendment, is to include a ‘‘tag’’ or will engage in open, fair, and non-discrimi- This is a balanced, bipartisan bill. I ‘‘marker’’ in the filename of Internet natory establishment of generic network re- think it is truly the first major biparti- text or graphics of a mature nature. quirements intended to be a significant ref- san bill we have moved through the For example, if an Internet user is pre- erence point for more than one Bell operat- Senate this year. We have had our dif- paring to post a file that is of a mature ing company in their product specifications, ferences, but I believe that this bill nature, he or she can include a tag standards-making, and product certification will cause an explosion of new jobs. I for hardware, software, and related products believe that it will cause a new era, such as ‘‘adult’’ or ‘‘mature’’ in the file when such company undertakes an activity name. Similarly, he or she can put this for more than one company. similar to what has occurred in the tag in an address—essentially this Ensure that Bellcore, if no longer an affili- computer industry. would mark all files under that address ate of any Bell operating company, will not AMENDMENT NO. 1299, AS MODIFIED as inappropriate for children. It is then be considered a Bell operating company, or a AMENDMENT NO. 1422 successor or assign of a Bell operating com- a simple matter for programmers who AMENDMENT NO. 1423 pany. develop the software that connects Ensure that the Bell operating companies AMENDMENT NO. 1313 users to the Internet to include an op- have choices in awarding contracts for the Mr. PRESSLER. Mr. President, I ask tional parental block to filter out all purpose of establishing product and service unanimous consent that the remaining such files. Teachers could use the filter standards and requirements. Breaux amendment be modified with as well. Ensure that vendors selling telecommuni- the modification I send to the desk, This amendment simply encourages cations equipment to Bell operating compa- nies have opportunities to have their equip- that the modified amendment be the Internet community to self-regu- ment certified under circumstances that are agreed to and the motion to reconsider late its behavior by adding tags to files open, fair, and non-discriminatory. be laid upon the table, and that it be in that are inappropriate for children. It Ensure that proprietary information sub- order for me to send to the desk two does not mandate such tags, Mr. Presi- mitted in the standards-making and certifi- technical amendments and a modifica- dent. The amendment encourages ven- cation processes is not released for any pur- tion of amendment No. 1313, that they dors of software that links users to the pose other than that authorized by the owner of such information. be considered and agreed to, en bloc, Internet to include a parental block to and the motion to reconsider be laid Mr. LAUTENBERG. It is my desire filter out the tagged files. Finally, it upon the table. that the parties conclude these nego- requires the Department of Commerce The PRESIDING OFFICER. Is there tiations in a timely manner. I will sup- to promote the program and GAO to objection? study whether the voluntary tags are port the product of the negotiations Without objection, it is so ordered. effective after one year. This amend- and urge that the Senate accept that So the amendments (Nos. 1299, as ment does not conflict in any way with product in the final version of this bill. modified; 1422; 1423; 1313) were agreed the indecency provisions in the bill. Finally, I would like to thank the Sen- to, as follows: ator from North Carolina for helping to I should note that one industry ini- AMENDMENT NO. 1299 bring the parties back to the negotiat- tiative, announced Monday, involves On page 123, line 10, add the following new putting a ‘‘stamp of approval’’ on ma- ing table. Mr. FAIRCLOTH. I concur with the sentence: ‘‘This section shall take effect for terials judged appropriate for children, each vessel upon a determination by the Senator’s statement. It is in everyone’s where parents can then choose to let United States Coast Guard that such vessel best interest to seek a negotiated set- their children see only those approved has the equipment required to implement tlement. I thank the Senator for his materials. Since the vast majority of the Global Maritime Distress and Safety work in getting the parties to agree to System installed and operating in good material on the Internet is entirely ap- the statement of goals. It is an impor- working condition.’’ propriate for children, it is unclear how tant first step. I understand that the this idea can be implemented prac- statement of goals is acceptable to all AMENDMENT NO. 1422 tically. It is nonetheless a useful ini- Senators that have expressed an inter- In section 623 of the Communications Act tiative and complements the approach est in this issue, including Senators of 1934 (as added by section 204 of the bill on of this amendment. page 70), strike ‘‘and does not, directly or HELMS, BRADLEY, DORGAN, EXON, and This amendment offers only a partial through an affiliate, own or control a daily KERRY. I also understand that the fix, but in concert with appropriate newspaper or a tier 1 local exchange car- statement of goals is acceptable to the legal penalties and other technical ap- rier.’’ and insert ‘‘and is not affiliated with managers of the bill, and that the man- proaches, it will help address a very se- any entity or entities whose gross annual agers are amendable to including the revenues in the aggregate exceed rious problem. negotiated legislative language in the $250,000,000.’’. BELLCORE final bill. Mr. LAUTENBERG. Mr. President, it Mr. PRESSLER. Mr. President, I AMENDMENT NO. 1423 is my understanding that the inter- shall stop speaking the minute either In section 262 of the Communications Act ested parties to the Bellcore issue the Majority Leader or Minority Lead- of 1934, as added by section 308 of the bill— raised during the debate on the man- (1) strike subsection (e) and insert the fol- er walk in the door. I wanted to take lowing: ager’s amendment have come to an this time to make my concluding re- ‘‘(e) GUIDELINES.—Within 18 months after agreement on a statement of goals that marks. the date of enactment of the Telecommuni- outline a mutually agreeable solution I think this bill will result in lower cations Act of 1995, the Architectural and to the issue. The parties intend to ne- telephone rates, lower cable rates, and Transportation Barriers Compliance Board June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8475 shall develop guidelines for accessibility of about partnering with small South Da- nology. That more up-to-date technology has telecommunications equipment and cus- kota colleges. Modern telecommuni- enabled those companies to locate and main- tomer premises equipment in conjunction cations will make such partnerships tain their companies in Aberdeen and keep with the Commission on the National Tele- not only possible, but productive. jobs in northeast South Dakota. The in- communications and Information Adminis- creased payrolls and job opportunities have tration and the National Institute of Stand- I have recently approached one of the added to the number of jobs available to a ards and Technology. The Board shall review largest companies in the United States broad spectrum of age groups employed in and update the guidelines periodically. about doing a project jointly with telecommunication agencies. The general (2) strike subsection (g) and insert the fol- small companies, using modern tele- nature of telecommunications jobs allow for lowing: communications. flexible work schedules to accommodate ‘‘(g) REGULATIONS.—The Commission shall, The city of Aberdeen, SD, has a new workers from all age groups to interact both not later than 24 months after the date of en- upgrade digital switch. They are now professionally and to maintain their excel- actment of the Telecommunications Act of lent quality of life in South Dakota. 1995, prescribe regulations to implement this able to use this capability for Other communities in northeast South Da- section. The regulations shall be consistent telemedicine, to have an interaction kota such as Britton, Eureka, and Gettys- with the guidelines developed by the Archi- with some of the big hospitals as oper- burg are actively seeking job growth due to tectural and Transportation Barriers Com- ations are being performed. As a result upgrades in telecommunications equipment pliance Board in accordance with subsection of the upgrade, a major motel chain, throughout the region. Manufacturers in (e). Super 8, was able to locate its nation- Britton such as Horton Industries and wide reservation system in the city. Sheldahl, Inc. with approximately 400 em- AMENDMENT NO. 1313 Someone living in a small city or a ployees are currently using telecommuni- cations equipment to communicate with On page 116, between lines 2 and 3 insert small town has the same information the following: their suppliers, markets, potential contracts (D) Nothing in this section shall prohibit available as someone in a great city. and corporate headquarters. Use of the tele- the Commission, for interstate services, and You do not have to be in downtown communications equipment allows for quick, the States, for intrastate services, from con- New York, downtown Minneapolis, or effective two-way interaction in the design sidering the profitability of telecommuni- in downtown Los Angeles to get infor- stage before production. cations carriers when using alternative mation, use it and respond to it. Another component of the telecommuni- forms of regulation other than rate of return The executive director of the North- cations industry focuses on long distance regulation (including price regulation and east Council of Governments in my learning. The statewide Rural Development Telecommunications Network (RDTN) al- incentive regulation) to ensure that regu- State has sent me a well-prepared re- lated rates are just and reasonable. lows higher education to offer classes for Mr. DOLE. Mr. President, I think the port on what new telecommunications students across the state. Schools in commu- distinguished Democratic leader would will mean in that region of smaller nities such as Groton, Frederick, and Web- like to speak at this time. As I under- cities in rural areas. She reports that ster in northeast South Dakota utilize cost efficiencies and class offerings that are stand, after he speaks, I will have just upgrading telecommunications tech- nology has already attracted national available with telecommunications through a few minutes to speak on my amend- the North Central Area Interconnect (NCAI) ment. Then we vote on the Dole companies to Aberdeen, where they have created hundreds of new jobs in system. Continuing education for commu- amendment and then final passage. nities and school district staff allow for fu- I hope during the two votes I can de- the last year. ture development and curriculum enhance- termine what we will do the balance of Other communities are clamoring for ment. the day and the balance of the week, so upgrades to their communications Northern State University is moving ahead my colleagues will have some informa- technology. They know this will help with expanding the connections on campus. improve the quality of life in their The campus infrastructure would allow all tion before 6 o’clock. We are attempt- video/audio conferences, meetings and in- ing to take up two bills and we are communities. Faye Kann’s report also describes the structional programs to be shown in the in- meeting objections from different sides dividual classrooms. Many classrooms, one potential for telemedicine and long-dis- for different reasons on each. We may existing microcomputer lab, and a new be able to work that out during the tance learning with an improved tele- multi-media based Instructional Classroom vote. communications infrastructure in will be connected to the LAN network. This Mr. President, I suggest the absence northeast South Dakota. classroom will be equipped with appropriate of a quorum. I ask unanimous consent to have this printers, scanners, and display equipment as The PRESIDING OFFICER. The report printed in the RECORD. well as a fully interactive video-conferencing TELECOMMUNICATION TECHNOLOGY IN component. clerk will call the roll. In addition, telemedicine is being used in NORTHEAST SOUTH DAKOTA The legislative clerk proceeded to the experimental stage in the region. The call the roll. (By Faye Kann) impact of the next phase of the regional tele- Mr. PRESSLER. Mr. President, I ask Competition in the telecommunications communications upgrade will place the high unanimous consent that the order for arena could benefit rural areas such as resolution telecommunications equipment in the quorum call be rescinded. northeast South Dakota. The SD Public outlying clinic for patient diagnosis and ef- The PRESIDING OFFICER. Without Utilities Commission worked very hard to fective utilization of physician’s assistants objection, it is so ordered. help Aberdeen and the region upgrade the and nurse practitioners. Those types of clin- telecommunications capabilities in order to Mr. PRESSLER. Mr. President, citi- ics are in communities where doctors are un- effectively compete for business retention willing or unable to locate. The aging popu- zens in my State of South Dakota and creation. With the availability of com- lation as shown in the demographics of often ask me, what does this legisla- petition, the upgrade of technology equip- South Dakota rate health care as one of the tion mean to the State of South Da- ment could have occurred earlier. top concerns. kota? What does it mean to people liv- In 1994–5, approximately 400 jobs have been Another community which is a good exam- ing in small cities? newly created or retained in Aberdeen due to ple of the need for state-of-the-art tech- I say a great deal. the upgrade of telecommunications tech- nology for a point of presence and fiber op- First it will mean that a small city nology and the ability for rapid data trans- tics is Huron. Several major employers have will be able to be on the same basis as mission. Four separate national and local en- considered Huron for economic development tities saw the opportunity to utilize up- a big city in terms of getting informa- expansion but because of the lack of access graded telecommunications equipment but and equipment, jobs and economic oppor- tion. We have CitiBank’s credit card needed the assistance of the state PUC in tunity were denied in the northeast region of operation located in Sioux Falls. We order to obtain the equipment upgrades. South Dakota. When checking with tele- have the Spiegel Catalog telephone Companies such as Super 8 reservation sys- communications companies who provide the mail order facility in Rapid City. tems, Howard Johnson’s Reservation system, necessary equipment, the cost to benefit Recently, a team from Georgetown Aman Collection Company, and Student ratio is not attractive in the rural areas and University came to Sioux Falls to start Loan Finance Corporation are among compa- therefore equipment has not been installed a joint research project on nies that added employees due to the tech- and access is denied. Education, government, and business are telemedicine. Georgetown is planning nology upgrades. Without the telecommuni- cations upgrade, one of these companies supporting the creation of CityNet in Aber- to work with a Sioux Falls hospital to would have located in another state instead deen. The local cable company is upgrading establish this telemedicine project. of South Dakota. its system with the installation of a large Recently, I was talking to some of Those upgrades include the installation of fiber-optic cable network. In addition to the the major universities in this country SwitchNet 56, ISDN lines, and Signal 7 tech- cable company’s normal services, this fiber- S 8476 CONGRESSIONAL RECORD — SENATE June 15, 1995 optic infrastructure will be used to connect and services to all Americans by open- are about to pass will give the Amer- various entities (K–12 education, higher edu- ing all telecommunications markets to ican people unprecedented freedom to cation, all levels of governments, health competition. choose. care, and individual homes and businesses). A recent series of television commer- After this bill is signed and imple- The uses for the network are virtually limit- mented, Americans will be free to less and offer a means for connections not cials have shown people sending faxes only within the community but to the world from the beach, having meetings via choose from competing local phone as this network connects with other net- computer with people in a foreign companies. This is unprecedented. It works. country, using their computer to will lower prices. It is pro-consumer. Competition coupled with universal service search for theater tickets and a host of S. 652 will give Americans freedom to is a must for rural states to have access for other services that soon will be avail- choose among more long-distance com- all citizens. If major telecommunications able. My bill would make those serv- panies. This will cut prices. This is pro- networks such as Internet access are denied ices available even sooner by removing consumer. in the rural areas, state-of-the-art tech- This bill will usher in a new era of ro- nology will be deployed only in the mass restrictive regulations. A person living in Brandon could bust competition in cable TV. It will, markets with dense population where the in effect, break up all the cable TV mo- providers are able to obtain cost-benefit ra- work at a job in Minneapolis or Chi- tios which are attractive to the provider. It cago, students in Lemmon would be nopolies. This will give consumers is imperative that Congress understand this able to take classes from teachers in more freedom to choose. It will cut issue. Aberdeen hosts an annual tele- Omaha, and doctors in Freeman could prices. It will expand services. This, communications conference and was the first consult with specialists at the Mayo too, is pro-consumer. demonstration nationwide with an inter- Clinic. Telecommunications can bring S. 652 will let electric utility firms active two-way audio/video link over the new economic growth, education, get into the phone or cable business if public switched network with the US Senate health care and other opportunities to they wish. It will give broadcasters Recording Studio in 1994. We invite inter- new flexibility to use new digital tech- ested parties to northeast South Dakota to South Dakota. Competition in the information and nology to offer multichannel program- view our projects and partake in demonstra- ming with the same allocated spectrum tions of the effect of utilization of the tech- communications industries means nology. more choices for people in South Da- that formerly could carry only one kota. It will also mean lower costs and channel. This, Mr. President, dramati- Mr. PRESSLER. Mr. President, I cally gives consumers more freedom to a greater array of services and tech- have received a letter from Laska choose., nologies. For instance, competing for Schoenfelder, public utilities commis- No earlier legislation concerning sioner of the State of South Dakota. customers will compel companies to cable prices—neither the deregulation Commissioner Schoenfelder has many offer more advanced services like caller of 1984 nor the reregulation of 1992—in- years experience working to support ID or local connections to on-line serv- cluded these powerful procompetitive South Dakota consumers and to help ices such as Prodigy and America On- reforms. provide them better telecommuni- Line. This reform bill is historic. It is cations services. She enthusiastically It hasn’t been that long since Ma Bell strongly bipartisan. It deserves the endorses S. 652. was everyone’s source for local phone President’s support. Commissioner Schoenfelder writes, service, long distance service and Some who still oppose our reform bill ‘‘This bill will allow Americans greater phone equipment. Now there are over are trying to get the President’s ear. access to communication services at an 400 long distance companies and people They say this bill will lead to more affordable price which can only be can buy phone equipment at any de- concentration in the communications achieved through a competitive mar- partment or discount store. Under my business. I say that is a myth. ket. The bill also preserves universal bill, eventually people would be able to Concentration is what we have had service, which is vital to rural states.’’ choose from more than one local phone under the old, 1930s-era system of gov- I ask unanimous consent that the service or cable television operator. ernment-created monopolies. Breaking letter be printed in the RECORD. This new competition also should up the monopolies and lifting burden- There being no objection, the mate- lead to economic development opportu- some regulation will give room for rial was ordered to be printed in the nities in South Dakota. People will be more entrepreneurs to compete. RECORD, as follows: able to locate businesses in towns like Just consider other segments of the SOUTH DAKOTA PUBLIC UTILITIES Groton and Humboldt and serve cus- information industry, segments which COMMISSION, STATE CAPITOL tomers in Hong Kong or New York did not strain under regulation and the BUILDING, City. We are entering an exciting, his- monopoly model: Pierre, SD, June 9, 1995. toric era. I want to spur growth and Fax machines aren’t regulated or or- Memo to: Senator LARRY PRESSLER. bring new opportunities to South Da- ganized into a government-sanctioned From: Laska Schoenfelder, SD Public Utili- kota and everywhere in America. monopoly. Just look at how prices ties Commissioner. Mr. President, we are reaching the Re SD 652. have dropped, quality has improved, Residential and business consumers of close of this debate and a vote on final and sales have soared. communication services will be the real win- passage of S. 652. I am confident we are So it is, too, with cellular phones and ners if Senator Pressler’s bill, the Commu- about to approve telecommunications pagers. nication Act of 1995 (SB 652), passes. reform by a wide margin. The computer market now gives con- While South Dakota has promoted tele- This reform is not a partisan issue. sumers 200 times more value, in terms communications competition at the state This is the first major bipartisan legis- of lower price and greater power, than level this bill will be a boon for economic de- lation of the 104th Congress. I want to it offered just a decade ago. velopment in all states. This bill takes a step thank my comanager, the Senator Freedom for consumers and entre- forward in recognizing the essential role of from South Carolina, for his leader- preneurs did not lead to concentration the State in promoting fair competition. This bill will allow Americans greater ac- ship. Today’s vote will bring to fruition in the computer business. No, quite the cess to communication services at an afford- a project he has been working on for contrary. There have been winners and able price which can only be achieved many, many years. I want to thank the losers, large and small. Hundreds of through a competitive market. The bill also majority leader and the minority lead- start-up firms have flourished, includ- preserves Universal Service which is vital to er for their indispensable efforts for ing Gateway 2000 in my State of South rural states. passage of this bill. Dakota. Meanwhile the biggest com- Mr. PRESSLER. Mr. President, com- The bill we are about to pass will puter firm of all has seen a huge loss in petition and deregulation will bring break up monopolies. It will tear down market share and has been forced into great benefits to South Dakota and competitive barriers. It will open up significant restructuring. Free market other States with small cities. communications networks. capitalism breeds a kind of creative de- For example, the bill is designed to Mr. President, every American struction of big businesses. This is rapidly accelerate private sector devel- household and every business large and good for continuing innovation and re- opment of advanced telecommuni- small, uses the services we are about to newal in business. It is clearly pro- cations and information technologies make more competitive. The bill we consumer. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8477 Mark my word, in the years after rently one of the most regulated indus- communications bill, and then again this bill comes into force, it will have tries in the United States. Unfortu- the better part of this year, working on helped bring about the rise of exciting nately, the provisions in question regu- trying to bring this product to the new firms which do not exist today. It late prices. floor. will have helped usher in industry seg- The point is that business should be There has been a great deal of com- ments which have no lobbyists in the allowed to negotiate. As I have pointed promise. There has been a great deal of reception room today—industry seg- out, the provision I have proposed to trying to balance the very competing ments which do not even exist at this delete would prohibit such negotiation, interests in order to get a 1995 commu- time. and amounts to rate regulation. It is nications bill. This bill will accelerate the digital that simple—no more, no less. I think it is important that all of our revolution. Through digitization, the The language is there. We had nego- colleagues realize that this country has very same data can travel through tiations and worked on their dif- been run by the 1934 Communications space from satellites, over the atmos- ferences. I do not know about all the Act. That is hard to believe that we pheric spectrum, through coaxial discussion of the Senator from Ne- have been operating under an act that cable, fiber-optic threads or copper braska. I am not involved with all that. is 60 years old. Does anybody think wire. The same digitized data can be The provision I proposed was sup- that the communications technology of stored on computer disks or drives, dis- posed to stop some players from taking 1995 is anywhere similar to the commu- played on computer screens, or played advantage of small operators. There is nications technology of 1934? The an- on audio or video disk players. The no question it would do that, but it swer is, of course, no. trends of technology are erasing old would also hurt those in fair deals. It The reason everybody has been in distinctions between cable TV, tele- solves the problems and creates a new court is because Congress was unable phone service, broadcasting, audio and one. to get an agreement that wrote a mod- video recording, and interactive per- The bill’s provision also does not ern 20th century bill to govern all the sonal computers. treat all programmers evenly, and only decisions about who does what. This legislation makes some fun- But in many instances, the only applies to those affiliated with cable damental points. That is that we are thing standing in the way of consumers TV companies, meaning nonaffiliated going to create more competition. and businesses enjoying cheaper and programmers not under these pricing Competition is good for society. It is more flexible telecommuncations serv- restrictions. That means they would good for consumers. It is good for the ices is our outdated law. This reform have an unfair competitive advantage. development of new technology. This bill will allow the cable, telephone, Not only does the bill regulate the legislation is a fragile compromise. Al- computer, broadcasting, and other tele- price of programming, but it is anti- most everyone in the industry would communications industries more easily competitive. That is not what this bill like to have more. Some would like to is about. I printed in the RECORD ear- to converge and transform themselves. have guarantees with regard to what The information industry already lier letters from Turner Broadcasting, they can do and what they cannot do. constitutes one-seventh of the U.S. representing the Discovery Channel, We were trying to really create a bill economy. Worldwide, the information the Black Entertainment Network, and that was fair to all of our American in- marketplace is projected to exceed $3 also—I do not have the letter with me dustries and fair to the American trillion by the close of the decade. now—all the small cable companies, consumer. I think that while this bill Digital convergence, more commu- the National Cable Television Coopera- is certainly not perfect—nothing we nicating power, and wide-open com- tive, and they are all in support of the ever do is—certainly, it represents a petition is what consumers want. It is bill. major milestone in the communica- what American businesses need to stay I have heard the comments of the tions legislation that has been brought competitive with the rest of the world. Senator from Nebraska. He is entitled before the Congress over all of these It will come soon if the President signs to his own interests, but I assure him, last 60 years since the first passage of this reform legislation. my interest in this amendment is con- the 1934 Communications Act. Mr. DOLE. Mr. President, I thank the sistent with the intent of this bill—get- I congratulate all the members of the Senator from South Dakota for yield- ting Government off the backs of busi- Commerce Committee for their input, ing and congratulate him for the out- ness and benefiting consumers. their suggestions. We have had a lot of standing job he has done, as well as the I hope the amendment I am offering cooperation on the floor. A lot of very Senator from South Carolina, for their will pass. I think it will have biparti- difficult things have been worked out. I teamwork, efforts, and partnership san support. think that is good. that produced a historic bill. I yield back my time and I ask for With regard to the Dole amendment, No question about it, this is one of the yeas and nays. I happen to agree with it. I think the the most important pieces of legisla- The PRESIDING OFFICER. Is there a amendment by Senator DOLE really tion we may have passed so far this sufficient second? There is a sufficient will encourage more competition and year. Others may have different views. second. will encourage small cable companies But it is near the top of the list. The yeas and nays were ordered. to be able to form cooperatives like The Senator from South Dakota, Mr. DOLE. Following the vote, the they are doing in order to be able to Senator DASCHLE, the Democratic lead- Senator from South Dakota, Senator get discounts because they purchase er, is in a meeting, so I will make my DASCHLE, will be recognized, and then cable services in volume just like the little statement on my amendment, we will have final passage. larger cable companies will be able to and then we will vote on that. After The PRESIDING OFFICER. Is there get volume discounts because they buy that vote, he will make a very brief further debate on the Dole amend- large amounts of products from the statement and then we will vote on ment? various producers. I think the Dole final passage. Is that satisfactory? Mr. BREAUX. Mr. President, I would amendment really does try to promote Mr. HOLLINGS. Yes. use this opportunity to commend both additional competition. I think in that AMENDMENT NO. 1341 the ranking member of the committee, sense—it does allow cooperatives to be Mr. DOLE. The vote will occur in a the Senator from South Carolina, and formed—there is nothing wrong with minute on the so-called Dole amend- the chairman of the committee, for the that. ment. good work they have done. There was a lot made about who does It was explained earlier, but I want This has not been an easy process, I this benefit and what-have-you, I think to make myself perfectly clear, this say to all of our colleagues. We have it benefits the consumer. I think the amendment is about allowing private worked on this for not just a couple of Dole amendment is a good consumer interests—not big Government—to days on the floor, but we have been amendment. It encourages small co- work out their own problems. working on this legislation for several operatives and cable companies to be I thought that is why we were consid- years. able to deliver services at a better rate. ering this bill in the first place. The In the last Congress, all Members of There is nothing wrong with that. It al- telecommunications industry is cur- the committee spent 2 years on this lows large sellers of cable services to S 8478 CONGRESSIONAL RECORD — SENATE June 15, 1995 get volume discounts. The ultimate Byrd Gramm Mikulski We know today that those fears were Cohen Harkin Moynihan benefit of all of this is the American Conrad Hollings Murray unfounded. Competition in phone serv- consumer. Daschle Inouye Nunn ice has been a boon to American con- I think the ultimate benefit of the Dorgan Johnston Pell sumers. Long-distance rates are the entire package we have before the Con- Exon Kerrey Pryor lowest in the world. Equipment is Feingold Kohl Robb gress is the American consumer and Ford Lautenberg Rockefeller cheaper and better-made. Competition those who bring about the technology Glenn Leahy Sarbanes has spurred innovation and improved for the 21st century. If there is one Gorton Levin Simon customer service. thing the United States of America ex- Graham Lieberman Wellstone At the same time, it’s important to cels in—there are so many things, but ANSWERED ‘‘PRESENT’’—1 remember and learn from our experi- one thing is the entertainment indus- Mack ence. The concept of universal service was at the heart of the old 1934 Com- try, the telecommunications industry. NOT VOTING—1 We can be proud of that. Other coun- munications Act. It is a New Deal era Hatch tries would love to have what we have concept that is as valid today as it has in this country. This bill ultimately So, the amendment (No. 1341) was proven to be over the decades. will make all of that a lot better and agreed to. When the reach of a technology is we will all benefit from that product. Mr. DOLE. Mr. President, I move to limited by cost, innovation and So I support an affirmative vote on reconsider the vote. progress remain slow. But as soon as a the Dole amendment and certainly sup- Mr. NICKLES. I move to lay that mo- technology is within reach of a broader port the passage of the telecommuni- tion on the table. sector of the population, an explosion cations act that is now pending. The motion to lay on the table was of invention, development and innova- tion takes place. We have seen that I yield the floor. agreed to. Mr. DASCHLE. Mr. President, tele- happen in computers, in personal com- The PRESIDING OFFICER. The Sen- communications reform legislation was munications services, in wireless cable ator from South Dakota. a focus of the last Congress. Unfortu- transmissions and countless other ap- Mr. PRESSLER. I thank the Senator nately, election-year politics prevented plications. Twenty years ago, calcula- from Louisiana. He has been at the then-Chairman HOLLINGS from bringing tors were sophisticated and relatively forefront every step of the way in this the bill to the floor for a vote. costly devices. Today they’re offered as bill and we could not have done it with- This year, with changes and modi- advertising promotions. out his bipartisan effort. His staffers, fications that are inevitable given the While legislation focuses on competi- Thomas Moore, who has now gone on to political change in the make-up of the tion and deregulation, the bill before an appointment, and Mark Ashby, have Congress, a new telecommunications us also contains essential rural safe- been in the night meetings, night after was brought to the Senate floor. guards. It would create a Federal-State night. This is complex and potentially far- joint board to oversee the continuing I thank the Senator from Louisiana reaching legislation. It will affect an issue of rural service and to monitor from the bottom of my heart. economic sector that constitutes 20 and help evolve a definition of Univer- The PRESIDING OFFICER. Is there percent of our economy and whose sal Service that makes sense for the further debate on the Dole amend- services reach virtually every Amer- present day and for the kinds of serv- ment? ican. ices that will be coming on-line. It does If not, the question is on agreeing to I want to commend the ranking not demand unrealistic competition in the Dole amendment, No. 1341. The member of the Senate Commerce Com- towns of 50 households. yeas and nays have been ordered. mittee, Senator HOLLINGS, whose pa- Our own history teaches us that it is The clerk will call the roll. tience and efforts have done a great good economics for the private sector The legislative clerk called the roll. deal to bring this measure to its as well as the public sector to make Mr. MACK (when his name was universal service a reality for all present state. Senator HOLLINGS’ work called). Present. in the last Congress, and in this, has Americans, no matter how small their Mr. LOTT. I announce that the Sen- been focused on developing a bill that community. I believe this is still the ator from Utah [Mr. HATCH] is nec- will enhance true competition in the case, and I believe it is particularly im- essarily absent. telecommunications field without portant to preserve the viability of rural communities in this respect. I further announce that, if present shortchanging American consumers. The legislation before us recognizes and voting, the Senator from Utah [Mr. From the beginning, our nation has the need to redefine universal service HATCH] would vote ‘‘yea.’’ understood the significance of commu- The PRESIDING OFFICER (Mr. in terms of developing technology and nications and transportation. It is not products. The joint Federal-State DEWINE). Are there any other Senators an accident that the words of the Con- in the Chamber who desire to vote? board created by the bill is essential to stitution require the Congress ‘‘To es- making certain this function is ful- The result was announced—yeas 59, tablish Post Offices and post Roads.’’ nays 39, as follows: filled. The Founders could not have known The bill before us also recognizes the [Rollcall Vote No. 267 Leg.] that one day the roads would be fiber important role that must be played by YEAS—59 networks and the post offices would be State Public Utilities Commissions. Abraham Faircloth McConnell e-mail. Yet that is where we have ar- PUCs are the best entities to judge Ashcroft Feinstein Moseley-Braun rived. whether a given market within their Baucus Frist Murkowski When Congress first confronted the Bennett Grams Nickles State can or cannot support competi- Bond Grassley Packwood need to legislate for an entirely new tion. That’s not a judgment we should Breaux Gregg Pressler technology, it produced the Commu- make from Washington. Brown Hatfield Reid nications Act of 1934. The regulated Nor is it something we can or should Bryson Heflin Roth Burns Helms monopoly that was legislated into ex- leave to the unbridled, unsupervised Santorum Campbell Hutchison istence by that law was the best out- Shelby judgment of the private sector. Those Chafee Inhofe Simpson come then possible. And the old Bell who have taken the risks and made the Coats Jeffords Cochran Kassebaum Smith system gave Americans the cheapest, investments to extend cable or phone Coverdell Kempthorne Snowe most efficient universal telephone service to smaller rural communities Craig Kennedy Specter service in the world. should not now be placed at risk of D’Amato Kerry Stevens In fact, consumer resistance to the DeWine Kyl Thomas being overwhelmed by larger, better-fi- Dodd Lott Thompson breakup of the Bell phone system was nanced companies. Dole Lugar Thurmond widespread in the early 1980’s. Ameri- As Congressman ED MARKEY has said, Domenici McCain Warner cans feared that the courts were break- that’s not competition, it’s ‘‘commu- NAYS—39 ing up something that worked well and nications cannibalism.’’ State PUC’s Akaka Bingaman Bradley might replace it with something that will be able to judge where commu- Biden Boxer Bumpers didn’t. nities can sustain competition and June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8479 where they cannot. We should preserve hanced. That’s important, not only to Senator PRESSLER has won, the Senate the viability of the Universal Service prevent stratification into informa- has won, and America has won. Fund, for that reason as well. tion-rich and information-poor popu- The bill also could not have been pos- The purpose of the bill before us is to lations and regions, but to assure that sible without Senator HOLLINGS. Both create the competitive, free market en- all our children have the tools with Senators PRESSLER and HOLLINGS have vironment that will most efficiently which to enter the 21st century work done an outstanding job at bringing bring the Information Superhighway force. the competing interests together, or as into existence for all Americans. I While the bill before us is far from close together as possible. don’t believe anyone disagrees with perfect, it has been significantly im- THE REAL JOBS STIMULUS PACKAGE that key to achieving that goal is com- proved over the course of the past 6 No doubt about it, telecommuni- petition. The Senate’s task is to ensure days. Senator HOLLINGS and I intro- cations reform is the real jobs stimulus that the competitive elements in the duced an amendment that strengthens package. Except this one relies on the bill do the job. the bad actor test in the cable provi- private sector to create those jobs. And The best outcome is one that brings sions. it will. on line the new products and services It also places reasonable limitations Thousands of jobs will be necessary that Americans want at a cost they’re on the ability of cable and telephone to build new communications net- willing and able to pay. Not only will companies to eliminate each other as works. And that’s just the beginning. consumers benefit, but the process of potential competitors through buyouts Studies indicate that millions of more creating new services and products will and mergers, except in rural areas jobs will be created because informa- be a substantial engine of job creation. where competition may not be viable. tion will become more accessible, jobs The present economic recovery has Finally, our amendment, which was that will make America more efficient, been a period of exceptionally strong adopted, allows small telephone com- more productive, and ultimately more job creation. Under the Clinton admin- panies to jointly market local ex- powerful. istration, 6 million new jobs have been change service with long distance serv- While some may argue that it is not created, more in he first 21⁄4 years of ice providers that carry less than 5 per- the perfect bill, its message is right— this administration than in the preced- cent of our nation’s long distance busi- competition, not government, is the ing 8 years of the Reagan-Bush admin- ness. This will allow consumers to real- best regulator. Competition, not regu- istration. ize the benefits of competition in the lation, has the best record for creating Democrats believe the key to local telephone exchange, while pre- new jobs, spurring new innovation, and longlasting economic growth and ex- serving the competitive balance be- creating new wealth. It’s that simple. pansion is the creation of more jobs tween the Bell companies and major Competition and deregulation are and higher income for working fami- long distance carriers. also the only ways to accommodate the lies. When Americans are working and I believe the provisions in our amend- explosion of new technology. earning good wages, our economy pros- ment strike a better balance between CONCLUSION pers and we can invest for the future consumer protections and market de- Mr. President, removing the tele- well being of our children. The passage regulation. These safeguards are de- communications industry’s shackles is of the bill before us will help continue signed to protect consumers by expand- not about politics as usual. It is not this pattern of job creation as our in- ing services and keeping them afford- about Republicans versus Democrats. formation-based economy creates sig- able. It is about providing all Americans, nificant employment opportunities. This bill is a reasonable and balanced rich or poor, urban or rural, a better That will mean more families can send one, and it deserves the Senate’s sup- future. I believe that a procompetition, their kids to college, buy a home, and port. deregulatory telecommunications bill save for their own future. That is the Mr. DOLE. Mr. President, gentlemen can help make that future a reality. best economic program and the best so- start your engines, because we are Mr. PRESSLER. Mr. President, I ask cial program any nation can have. about to pass telecommunications re- unanimous consent that S. 652, as This technology also means new op- form that will be the roadmap to our amended, be printed in the RECORD im- portunities for innovative economic de- Nation’s future. mediately following the final vote. velopment. I am in the process of work- When we started floor consideration The PRESIDING OFFICER. Without ing with a tribal college now on ways of S. 652 more than 1 week ago, I noted objection, it is so ordered. to market native American and agri- that this was just the beginning. A be- Mr. PRESSLER. I ask for the yeas cultural products through the Internet. ginning of a new era of leadership for and nays. The technology that is helping do this the telecommunications industry and The PRESIDING OFFICER. Is there a is breaking down the geographic and for America. While some see America’s sufficient second? technical barriers that have retarded power dwindling, I see it growing. I see There appears to be a sufficient sec- our movement to a more information- our renaissance, and its called the in- ond. based economy. formation age. America’s years of lead- The yeas and nays were ordered. There is little doubt that our urban The PRESIDING OFFICER. The ership in telecommunications, whether areas can and will sustain an enormous question is on the engrossment and it was inventing the telegraph or the expansion of telecommunications serv- third reading of the bill. microchip, gives us the right to lay ices in the years ahead. We must make The bill was ordered to be engrossed claim to this future. We have earned it. certain that our rural areas are not left for a third reading and was read the We must now reach out and take it. behind as services expand and new third time. products come on line. In the long run, RECOGNIZING SENATOR PRESSLER’S HARD WORK The PRESIDING OFFICER. The universal service at high standards na- And one person who deserves a good question occurs on the passage of S. tionwide is in the best interests of the deal of credit for making this new era 652, as amended. The yeas and nays entire country. a reality is Senator PRESSLER. As all have been ordered. In addition, we must not neglect the Members know, telecommunications Mr. PRESSLER. Mr. President, I ask role of the public sector in the new reform is a tough, complex, and often unanimous consent to have Senator telecommunications world. Schools, contentious issue. Congress has strug- HOLLINGS added as a cosponsor. public libraries, state universities, all gled with it for more than a decade, The PRESIDING OFFICER. Without should have the ability to share in and with no success. And along comes Sen- objection, it is so ordered. disperse the benefits of the tele- ator PRESSLER. He tackled this issue The question occurs on passage of S. communications revolution. and has moved it through the Senate in 652, as amended. Senators ROCKEFELLER and SNOWE of- record time. His tenacity proves that Mr. DOLE. Mr. President, just let me fered an amendment in committee to the Senate is capable of delivering on indicate to my colleagues, as I said ear- make certain that the public sector’s the toughest issues. lier before many were here, we hope to ability to connect with the Internet Not only did he have to fight compet- determine the balance of the schedule and other information services is en- ing interests, but also the White House. this evening and tomorrow before 6 S 8480 CONGRESSIONAL RECORD — SENATE June 15, 1995 o’clock this evening, and so we will try tremendous vote—81 to 18. It is a very tomorrow. For Monday, I will make to let everybody know by then what significant piece of legislation that has that announcement before I leave here the schedule will be. Hopefully, it will passed this Chamber, largely through tonight, so Members will know what not be too heavy. It depends on how the efforts of the distinguished Senator the schedule will be on Monday. I need this bill comes out. from South Dakota [Mr. PRESSLER]. to discuss that with the Senator from I will let Senators know in a few It is not a perfect bill. I understand South Dakota, Senator DASCHLE. minutes. that almost everybody finds something f The PRESIDING OFFICER. The bill wrong with it, which probably means it having been read the third time, the is not that bad; it is probably a very EXPRESSING GRATITUDE TO SHEI- question is, Shall it pass? The yeas and good bill. I think it is a very important LA P. BURKE FOR HER SERVICE nays have been ordered. The clerk will piece of legislation. I thank all my col- AS SECRETARY OF THE SENATE call the roll. leagues on both sides of the aisle for Mr. DOLE. Mr. President, I ask unan- The assistant legislative clerk called their cooperation. imous consent that the Senate proceed the roll. I do not think we took too much to the immediate consideration of Sen- Mr. LOTT. I announce that the Sen- time. On a bill of this magnitude, it ate Resolution 134, submitted by my- takes a little longer on the Senate side, ator from Utah [Mr. HATCH] is nec- self and Senator DASCHLE. essarily absent. and it probably should, as the Senator The PRESIDING OFFICER. Without I further announce that, if present from Illinois [Mr. SIMON] said earlier objection, it is so ordered. and voting, the Senator from Utah [Mr. today. The clerk will report the resolution. I thank the Democratic leader, Sen- HATCH] would vote ‘‘yea.’’ The legislative clerk read as follows: The PRESIDING OFFICER. Are there ator DASCHLE, for his cooperation A resolution (S. Res. 134) expressing the any other Senators in the Chamber throughout the debate. Senate’s gratitude to Sheila P. Burke for her Mr. President, I have had a discus- who desire to vote? service as Secretary of the Senate. sion with the Senator from South Da- The result was announced—yeas 81, The PRESIDING OFFICER. Is there kota, [Mr. DASCHLE], the Democratic nays 18, as follows: objection to the immediate consider- leader, and I outlined to him what I [Rollcall Vote No. 268 Leg.] ation of the resolution? would like to do. First, I will ask unan- There being no objection, the Senate YEAS—81 imous consent that we go to S. 440—I proceeded to consider the resolution. Abraham Feinstein Lott will not ask it now—and I understand Mr. DOLE. Mr. President, I ask unan- Akaka Ford Lugar there will be an objection. Then I will Ashcroft Frist Mack imous consent that the resolution be Baucus Glenn McConnell move to the consideration of S. 440, and agreed to, that the preamble be agreed Bennett Gorton Mikulski I understand the Senator from Massa- to, and the motion to reconsider be laid Biden Gramm Moseley-Braun chusetts, [Mr. KENNEDY], and others upon the table, and that any state- Bond Grams Murkowski will at that point discuss the motion to Bradley Grassley Murray ments on the resolution be placed in proceed. Breaux Gregg Nickles the appropriate place in the RECORD. Brown Harkin Nunn If that would be the case, there would The PRESIDING OFFICER. Without Bryan Hatfield Pell be no votes tonight and no votes to- objection, it is so ordered. Burns Heflin Pressler morrow. Then we would try to work Campbell Helms Robb So the resolution (S. Res. 134) was out something to accommodate our Chafee Hollings Rockefeller agreed to. Coats Hutchison Roth colleagues on Monday. The preamble was agreed to. Cochran Inhofe Santorum So I do not want to make the request The resolution, with its preamble, is Cohen Inouye Sarbanes until the Senator from South Dakota Coverdell Jeffords Shelby as follows: Craig Johnston Simpson indicates it is all right to do so. S. RES. 134 D’Amato Kassebaum Smith Mr. DASCHLE. If the majority leader Daschle Kempthorne Snowe will yield. Let me just speak very Whereas Sheila P. Burke faithfully served DeWine Kennedy Specter briefly, because I know there are other the Senate of the United States as Secretary Dodd Kerry Stevens of the Senate from January 4, 1995 to June 8, Dole Kohl Thomas Members that need to conduct busi- 1995, and discharged the difficult duties and Domenici Kyl Thompson ness. I share the sentiment expressed responsibilities of that office with unfailing Exon Lautenberg Thurmond by the distinguished majority leader Faircloth Levin Warner devotion and a high degree of efficiency; and about the bill just passed. It may not Whereas since May 26, 1977 Sheila P. Burke NAYS—18 be everything we all want, but it rep- has ably and faithfully upheld the high Bingaman Feingold Moynihan resents a real achievement. standards and traditions of the staff of the Boxer Graham Packwood I commend the distinguished Senator Senate of the United States for a period that Bumpers Kerrey Pryor from South Dakota and certainly the includes 10 Congresses, and she continues to Byrd Leahy Reid ranking member, the distinguished demonstrate outstanding dedication to duty Conrad Lieberman Simon as an employee of the Senate; and Dorgan McCain Wellstone Senator from South Carolina, for all of Whereas through her exceptional service NOT VOTING—1 the effort he has put forth in the last and professional integrity as an officer and seven days to accomplish what we have Hatch employee of the Senate of the United States, now. A number of people had a lot to Sheila P. Burke has gained the esteem, con- So the bill (S. 652), as amended, was do with bringing us to this point. It fidence and trust of her associates and the passed. represents a balance between providing Members of the Senate: Now, therefore, be it (The text of S. 652, as passed, will ap- new opportunities and communications Resolved, That the Senate recognizes the pear in a future edition of the RECORD.) to provide the flexibility and the free- notable contributions of Sheila P. Burke to Mr. PRESSLER. Mr. President, I the Senate and to her country and expresses dom to go out and do what we must to to her its appreciation and gratitude for her move to reconsider the vote, and I build the information superhighway. long, faithful and continuing service. move to lay that motion on the table. But it also represents a desire on the SEC.2. The Secretary of the Senate shall The motion to lay on the table was part of many to protect consumers as transmit a copy of this resolution to Sheila agreed to. we conduct that construction. P. Burke. Mr. PRESSLER. Mr. President, I So I hope very much that we can f thank everybody involved. I thank the move this legislation through the re- majority leader and minority leader. I maining parts of the legislative process NATIONAL HIGHWAY SYSTEM DES- have already thanked the staff. I am here and accommodate all Senators as IGNATION ACT—MOTION TO PRO- feeling like this Chamber was almost a we attempt to pass this very signifi- CEED funeral parlor this afternoon, we had so cant piece of legislation. Mr. DOLE. Mr. President, I ask unan- many good words said about every- f imous consent that the Senate now body. turn to consideration of S. 440, the I yield the floor. ORDER OF PROCEDURE highway bill. Mr. DOLE. Mr. President, let me in- Mr. DOLE. I failed to announce no Mr. WELLSTONE. Mr. President, I dicate, as I did earlier, that this is a more votes this evening, and no votes object. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8481 The PRESIDING OFFICER. The ob- discussion on this issue. We should be Speaking just for myself, I would jection is noted. clear. This repeal effort is part of a point out that only today did I hear Mr. DOLE. I move to proceed to the larger systematic assault on the wages that this was going to be the bill before consideration of S. 440. and living standards of working fami- the U.S. Senate. Before, I thought we The PRESIDING OFFICER. Does any lies. were going to go to regulatory reform, Senator wish to debate the motion? Mr. President, it is a mistake. We then I heard we were going to go to Mr. DOLE. I will yield to the Senator have cuts in Medicare, cuts in Medic- welfare reform, then I heard we might from Minnesota. aid, cuts in job training, cuts in school be debating Bosnia. Mr. WELLSTONE. Mr. President, a lunches, education, and now cuts in the I know my colleague from Virginia is few weeks ago, we in the Labor Com- wages of working families. interested in full debate. That is what mittee held a single hearing on Senator Just name it, the majority has pro- we will have and certainly we will KASSEBAUM’s legislation to repeal out- posed it and are trying to program it make sure that it is not personal or ac- right Davis-Bacon, which has been in through the Congress at a breakneck rimonious. I want to be clear as to why law for over 60 years. speed. We intend to slow it down. We we have objected to the motion to pro- Last year, we worked long and hard intend to oppose it. This highway bill ceed and why we intend to have a very on an alternative Davis-Bacon reform on its own merits ought to be debated thorough discussion about Davis-Bacon bill on which there had been bipartisan and is an important piece of legisla- and about this effort not only to repeal support. That was a responsible effort tion. To try to put this amendment Davis-Bacon, but I think it goes be- to deal with this issue and update the into the highway bill and essentially yond that. I think it is an effort to roll law. overturn over 60 years of people’s his- back 60 years of hard-earned history Today, with little warning, the high- tory I think it is a huge mistake. Of that have a lot to do with people being way bill is being brought to the floor, course, that is what this debate will be able to have a decent wage, 60 years which contains a provision to repeal about. that have a lot to do with people being Federal prevailing wage-rate require- Mr. President, let me just say a few able to have jobs that pay them a mid- words specifically on Davis-Bacon it- ments for highway construction, dle-class wage. known as the Davis-Bacon law. self and prevailing wage rates that it I think the stakes are very high. For This is part of the larger assault on requires on certain Federal projects. that reason, with my colleague from Mr. WARNER. Would the Senator working families, in this case, families Massachusetts, we intend to have a full allow me to, in the way of a question, of highway construction workers who discussion on that. make a brief comment about why we make between $20,000 to $30,000 a year. Mr. WARNER. Mr. President, I wel- This is central to the Republican did this? I was the Senator that brought up come that full discussion. But some- agenda, and it is all in the name of def- the amendment in the Committee on how in the Senator’s remarks, the re- icit reduction—all while we protect the Environment and Public Works. I did marks just given, I got the impression, large military contractors, big corpora- so in my capacity as chairman of the why on the highway bill? Mr. Presi- tions with huge tax breaks, oil compa- subcommittee with the responsibility dent, why is it? My projections are $1.3 nies, and others who have long been for this piece of legislation. billion is directly associated with subsidized by the Federal Government. I say to my good friend, Mr. Presi- Davis-Bacon over the next 5 years of Today, without any additional hear- dent, it was in no sense chicanery or projected highway construction. Those ings or time for reflection or careful subversion. It was done quite openly. are scarce dollars in today’s economy. consideration of reform alternatives— This is an issue, Davis-Bacon, on which Those are dollars that could be trans- and my colleague from Massachusetts many who have had the privilege of lated into actual roads and road im- will be speaking on this in just a mo- serving the institution for many years provements were it not for this piece of ment—we are faced with a bill that have had a very clear difference of legislation. And it is time. My distin- would overturn 60 years of labor law re- opinion. That difference of opinion is guished colleague mentioned reform, lated to Federal highway construction shared widely across this Nation. We he has been working on it for several in a single moment. will develop that in the course of the years. Perhaps the time has finally ar- Why is that? Could it have anything debate. rived for him to bring out those re- to do with the fact that the large trade Mr. President, I am delighted to have forms. They are long overdue. association of mostly noncontract, the opportunity to debate with my I simply think the statute has served nonunion contractors is in town this good friend from Minnesota, my good its purpose. When I see $1.3 billion week? And this measure is suddenly friend from Massachusetts, and others taken from the highway budgets of our brought to the floor now, simply to fly who will engage in this very important 50 States over the next 5 years, this the flag for anti-Davis-Bacon forces debate. We should not start out with a Senator says the time has come to who would try to turn the clock alto- characterization that there is any at- eliminate it. gether on prevailing fair-wage stand- tempt on this side to do so by way of Mr. President, I thank my colleague ards. anything other than an absolute clear for this opportunity to have a few I do not know, Mr. President, but I and full discussion of this issue in full opening remarks. am surprised by how suddenly the Sen- view of everybody. Then it is my hope Mr. WELLSTONE. Mr. President, I ate’s schedule was changed to bring an up or down vote can be had here in think in a moment I would yield to my this up. I thought we were going to the U.S. Senate on this issue. Each colleague from Massachusetts, who will turn to regulatory reform or Bosnia or Senator can express for himself or her- take the lead in this debate. I will be welfare reform. Apparently the major- self their views on this. very proud to be a part of it. ity leader has other priorities. I thank my distinguished colleague Again, let me say in this Congress I Mr. President, as a Senator from for allowing me to speak. think we have had a single hearing on Minnesota, I am opposed to this at- Mr. WELLSTONE. Mr. President, I legislation to repeal outright the tempt to slash wages of working fami- say to my colleague from Virginia, and Davis-Bacon. We will surely have a lies, families who dig our roadbeds, I thank him for his remarks, that I just quarrel about the figures and amount pour our tar, flag us to a stop at con- want to be clear I am speaking for my- of money lost. And we certainly will struction sites or do any other number self, that I am very interested in this have a full discussion about the mean- of hard and sweaty jobs at construction highway bill. ing of prevailing wages and what that sites and highway sites across this It is an important piece of legisla- means to this country, what that country. tion. We have been working for several means to this society, what that means That is not a priority that I am will- years on reform of Davis-Bacon, not re- to communities across the country. ing to go along with. I will fight any ef- peal. A lot of work has gone into that. That I think will be the important part fort to cut the wages of working fami- But all of a sudden to have this become of this debate. lies as hard as I can. a part of this piece of legislation, I say There is no reason to argue any I imagine over the next several days, to my colleague, I think is a profound longer about the timing of it, but I we will have a considerable amount of mistake. want to make it crystal clear that we S 8482 CONGRESSIONAL RECORD — SENATE June 15, 1995 intend to focus on this effort in this separate bill that went through exten- The National Highway System, bill. And this bill is an important piece sive hearings, that was scheduled for which includes the Interstate System— of legislation. But this particular pro- debate, that came up at the time we are all familiar with the Interstate vision to repeal Davis-Bacon is, of scheduled, and then led to full debate. System—represents 4 percent of the course, where we intend to focus our So I do think it is a rather different highways of the United States of Amer- attention. proposition. ica, a very small part. But these are I will yield to my colleague from Mr. CHAFEE. Mr. President, no one the important roads. These roads carry Massachusetts. who has been in this Chamber very 40 percent of the Nation’s highway The PRESIDING OFFICER. Does the long will find repeal of the Davis-Bacon travel. These are the roads that con- Senator yield the floor? is something new. We have debated it. nect our intermodal and strategic fa- Mr. WELLSTONE. Mr. President, no, There have been hearings. There have cilities such as our ports and airports I am not prepared to yield the floor been hearings in the committee of the and train stations and military bases. yet. Senator from Kansas, and the Senator How was the whole thing developed? Mr. CHAFEE addressed the Chair. from Massachusetts has been through What is the National Highway System? The PRESIDING OFFICER. The Sen- those hearings many times. There is It was developed by the Department of ator from Minnesota has the floor. nothing unique. Transportation through the Federal Mr. WELLSTONE. Mr. President, This is not a creeping up by night Highway Administration in coopera- why do I not go forward with some re- with this provision. tion with the States. This was not marks. But if my colleague has a ques- Mr. WELLSTONE. Will the Senator something drawn up in Washington by yield? tion, I do not want to interrupt the a bunch of Federal bureaucrats. This Mr. CHAFEE. This is something that flow of that. was done in cooperation with the Mr. CHAFEE. I do not have a ques- has been around. I do not know how many times we voted on it. States. The Federal Highway Adminis- tion. I was prepared to make a state- Mr. WELLSTONE. Will the Senator tration and the States designated the ment. yield? system based on the criteria of effi- Mr. WELLSTONE. On Davis-Bacon? Mr. CHAFEE. Yes, I will be glad to. ciency, connectivity, and equity among Mr. CHAFEE. We will be here quite a Mr. WELLSTONE. I thank my col- the States. The mileage distribution while. Everybody will have a chance to league. As always he is very gracious. among the States and between urban say what they want. If the Senator has My point was not that we have not and rural areas was another important something to say, go ahead. I will have debated the Davis-Bacon before. We element. my say later when he is through. certainly have. My point simply was The process to designate the Na- Mr. WELLSTONE. Mr. President, that this bill was just scheduled to tional Highway System has worked why do I not defer to the manager, and come to the floor—we thought there quite well. There is a high degree of I will speak later on, because I have ex- were going to be any number of other consensus among Federal, State and tensive remarks on Davis-Bacon. So I pieces of legislation. It has come to the local officials that the map submitted will defer to the manager of the bill floor. Unfortunately, as a part of this by the Secretary of Transportation in and then be back in this debate later piece of legislation, there is the provi- December of 1993 represents the best ef- on. sion for repeal of Davis-Bacon. That is fort at identifying the National Sys- I yield the floor. why we objected to the motion to pro- tem. The PRESIDING OFFICER. The Sen- ceed. That is why we will have exten- What has happened is that the Fed- ator from Rhode Island. sive debate. That is my only point. eral Highway Administration has Mr. CHAFEE. Mr. President, I am Mr. CHAFEE. Mr. President, I would worked with, as I say, the State and sorry we cannot proceed on this bill be- stress that the provision of Davis- local officials, to make changes in this cause this is an important bill. What it Bacon that we have in this National map of 1993 to reflect new information does, it opens the way to some funds, Highway Systems law solely deals with and decisions made at the State and additional funds in the neighborhood of highway construction. It does not deal local level. This process will continue. some $5 billion that we are going to across the board. It seems to me there This thing is not carved in stone. Peo- have to—if we want, we are going to is no more appropriate place for it than ple come to us and say: We want to be have to pass this legislation before Oc- in this National Highway System legis- added. There is a system for adding tober. So now is the time to get with lation. routes within the various States. it. Let me just say a few words, if I This legislation includes a provision I heard—I would like the Senator might. First, Congress must approve which will permit this process to con- from Minnesota’s attention if I might. the National Highway System bill, as I tinue, even after this bill has been en- I heard him say how erroneous it was mentioned, by September 1 of this acted into law. So State and local offi- for us to be dealing with legislation year. If we do not, the States will not cials with the Secretary of Transpor- that has been on the books, I think he receive—I said $5 billion, it is $6.5 bil- tation’s approval will have the ability said, for 60 years? Is that the time lion of their Federal aid highway to make changes in this, as long—there limit, how long Davis-Bacon has been money. This amount includes $2.9 bil- is a maximum limit of mileage. That on? lion for interstate maintenance and maximum limit is 165,000 miles. I have seen the Senator on the floor $2.6 billion for the National Highway So what I am stressing here is that discuss striker replacement that has System. this is a dynamic, changing system, been on about the same length of time. Mr. President, a few words about the and it is important that the ability to He had no hesitancy about dealing with National Highway System. Why are we make these changes is retained. that legislation that has been on the in this? The National Highway System Because we have this process that in- books for a considerable time. was established by the so-called volves the local officials, the State of- So dealing with legislation that has ISTEA, Intermodal Surface Transpor- ficials, and the Federal Government of- been on the books for some time, labor tation Efficiency Act of 1991. That was ficials—namely, the highway adminis- legislation, is not unique in this place. a major highway bill that we passed in trator—I think Congress has to be very It is not unique for the Senator from 1991. restrained in making systems; in other Minnesota, either. The National Highway System can words, changes. Somebody will pop up Mr. WELLSTONE. Will the Senator make a significant contribution to our here on the floor and say, ‘‘I want such yield for a moment? transportation system. The 159,000 and such added, I so move.’’ Well, Mr. CHAFEE. Sure. miles of designated National Highway maybe that is valid. But we do not Mr. WELLSTONE. As I understand System routes are the roads the States know. The managers of this bill, and the debate about what was S. 55, which and the localities have chosen as some the others involved here on the floor, was a ban on permanent replacement of of their most important roads. These do not know whether that particular striking workers, I would say to my are the roads that provide mobility for road meets the criteria. So we have set colleague, it was not an amendment on our citizens and promote economic de- forth in the legislation a method of another piece of legislation. That was a velopment. making changes. We think it is a fair June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8483 method. We want to resist the tempta- payers of our country. The health care verely injured by a head injury on a tion to add a whole series of other costs of speed-related crashes is cur- motorcycle without a helmet. The hel- routes. Once we depart from the cri- rently estimated to be $2 billion a year; met would have prevented such an in- teria, we say, ‘‘Well, Senator X has pre- the health-related costs of the carnage jury. That individual’s medical costs sented a very moving story about this that comes from excess speeding is cur- have cost the State of Rhode Island highway he wants added.’’ But once we rently estimated to be $2 billion a year. and the Federal Government through start down the path of not adhering to The total economic cost to society— Medicaid to date $3 million. the criteria or to the system set forth not just the health care costs but the So, Mr. President, I hope that this in the legislation, we are opening our property damage, lost work—is esti- Senate would resist any efforts to re- way up to a lot of problems. mated to be $24 billion a year. duce the mandatory motorcycle helmet This bill which was reported out by According to the Department of and seat belt laws. the Environment and Public Works Transportation, the decision that this Mr. President, I finally want to com- Committee preserves the important Congress made several years ago to mend the chairman of the Transpor- principles of the 1991 surface transpor- allow a maximum of 65 miles an hour tation and Infrastructure Subcommit- tation law. That was a monumental just on rural interstates, increased tee of the Environment and Public piece of legislation that we passed. It from 55—which was the limit before— Works Committee. This bill came from makes changes to provide greater flexi- jumping from 55 to 65, and has esti- a subcommittee, and that subcommit- bility to the States to resist adminis- mated to have cost this country 500 ad- tee was chaired by Senator WARNER. He trative burdens. ditional deaths. has done a splendid job on this legisla- As I mentioned, there are a series of In my view, it is inevitable that, if tion. When it came up to the full com- requirements that the States are re- the Federal speed limit is repealed, mittee, there were no changes, and it lieved from, the principal one being the which this bill does—not with my vote, passed out of the full committee by a Davis-Bacon Act which brings us here but, nonetheless, the committee chose vote of 15 to 1, with Democrats and Re- this evening. The bill also provides ad- to do so—States will raise the speed publicans voting for this legislation. ditional flexibility for design standards limit, and the cost to everyone, includ- So I have had the privilege of work- for the national highway routes which ing the Federal Government, would go ing with Senator WARNER on this, and are not applicable to the Interstate up dramatically. In other words, what with the ranking member of the full System. we have said is there are not going to committee, Senator BAUCUS, and with This legislation which is S. 440—we be any Federal limits, no Federal speed all members of this committee in this will hear that term quite often this limits on these highways. Let the legislation. So I am very pleased that evening; that is the number of this States put on what they want. I sup- the Senator from Virginia has agreed bill—provides the States with addi- pose the States will say 65 is not to manage this bill before this full Sen- tional financing options to address the enough. Let us try 70. And the competi- ate. I mention Senator BAUCUS being the needs of the transportation systems. It tor will say, ‘‘Well, why have any speed ranking member of the full committee. allows the States to credit private sec- limit?’’ And I think that is unfortu- But Senator BAUCUS is also the ranking tor donations 100 percent to the States’ nate. member of the subcommittee likewise. cost share. I am aware that there are likely to I greatly appreciate the cooperation This legislation addresses something be amendments which will be offered to and assistance that he has given us in that those of us here in this Senate are repeal or weaken other safety laws, particularly the safety belt and motor- this legislation. pretty familiar with, and that is the So, Mr. President, I hope we can get cycle helmet law requirement. What Woodrow Wilson Bridge. The replace- to this bill. It is important. I know the are those? When we did the ISTEA leg- ment of that bridge is essential. Its re- business about Davis-Bacon is conten- islation in 1991, we provided that a maining lifespan is estimated to be tious. I would like to see us have a vote State would have a certain amount of only 10 years. The bridge was designed on it, and see what happens. But most time to enact a mandatory seat belt 40 years ago to carry 75,000 vehicles a of all, I would hope at least we could bill and a mandatory motorcycle hel- day. How many vehicles does it carry, move to the consideration of the legis- 75,000? No. Today the bridge carries met bill. If the States failed to do that, lation. 167,000, more than twice what it was de- then a certain amount of that State’s Mr. KENNEDY addressed the Chair. signed for as maximum load. highway money would have to go into The PRESIDING OFFICER (Mr. BEN- Title II of this legislation authorizes safety features, including safety edu- NETT). The Senator from Massachu- the States of Virginia, Maryland, and cation. As a result of that, some 26 setts. the District of Columbia to enter into States have passed mandatory motor- Mr. KENNEDY. Mr. President, I want an interstate agreement or a compact cycle helmet legislation, and the to just take a moment of the Senate’s to establish the National Capital Inter- strong seat belt legislation. What has time to perhaps bring it up to speed in state Transportation Authority. I must been the result? California passed it. terms of where we are on the overall say sometimes we get long titles here. The Governor signed it. And as a re- issue of consideration of the Davis- But that is what this is, the National sult, the number of motorcycle deaths Bacon Act because it is not unrelated Capital Interstate Transportation Au- on the California highways has been re- to the concerns a number of us are ex- thority. duced by 35 percent. Maryland did like- pressing this evening and tomorrow The ownership of this bridge is trans- wise. As a result of the passage of the and the early part of next week in ferred to the authority. The authority motorcycle law, with the mandatory terms of proceeding to the highway has the ability to use various financing helmet, the number of motorcycle bill. And that is on March 29 of this provisions, including tolls, to replace deaths in Maryland decreased by 25 year, the Senate Labor and Human Re- the bridge. The bill provides $97 million percent. sources Committee, chaired by Senator of Federal funds for completion of the You might say, ‘‘Well, this is a State KASSEBAUM, after having hearings and environmental impact statement, for problem. What is the Federal Govern- after having committee discussion, interim repairs to the bridge, and for ment doing in mandating motorcycles made a judgment about the Davis- the preliminary design and engineering helmets?’’ The answer is the following: Bacon proposal, which I did not sup- of a replacement bridge. The Federal Government is in it be- port, but nonetheless reported that There is one action the committee cause we pay the health bills. The Fed- measure out, and it is now on the cal- took which is a great disappointment eral Government has to pay the Medic- endar. So that would be legislation to me personally; and, that is, there is aid costs of those who are in comas in that would be applicable to all Federal a change made in the speed limits. I be- hospitals because they had no helmet jurisdiction. And we would have an op- lieve the Federal speed limit maximum and got into a very serious motorcycle portunity when that would be called off of 65 miles per hour in rural areas on accident. I have seen that myself in my the calendar by the majority leader, the interstate has been remarkably own State. We have one individual re- which is his right and his privilege at successful in reducing fatalities. It has grettably in our State hospital who has any particular time, to get into a de- resulted in major savings to the tax- been there in a coma for 20 years se- bate and discussion on that particular S 8484 CONGRESSIONAL RECORD — SENATE June 15, 1995 measure. I think it is important that that are being considered by a number comment about the issues before us. we do get into a discussion on that par- of our colleagues in the Senate on both The 13 States with the highest con- ticular measure, and I will elaborate on sides of the aisle. I have not had the struction wages build their highways the reasons for that because there has chance to review those. It is coinciden- at lower cost than the 13 States with been a great deal that has happened in tal that those measures are being cir- the lowest wages. terms of various recommendations, ad- culated today because those that are Mr. CHAFEE. Will the distinguished justments, changes, amendments, most involved in those negotiations, to Senator from Massachusetts be good which would I think be constructive my knowledge, had no awareness that enough to tell me, one, whose study is and positive and which I think the this measure was going to be consid- that? Members would welcome and which I ered tonight. I think most of us in the Mr. KENNEDY. I will speak just think would improve the legislation. Senate understood that we would be briefly. However, we are not afforded that op- debating probably welfare legislation. Mr. CHAFEE. The Senator can speak portunity. We are faced now with a re- And as I understood, at least from our all he wants; he will have plenty of peal effectively on the highway legisla- side of the aisle, they thought that time. tion, and there can be those who sug- that would take us through this week- Mr. KENNEDY. I intend to put those gest, well, this really is not repealing end and perhaps the regulatory reform in the RECORD. I intend to outline this, it. The fact of the matter is that up to would take up the early part of next Mr. President, and then I will spend 40 percent of all Davis-Bacon construc- week. And then in the past hours, as is some time going through the various tion is related to this piece of legisla- the right of the majority leader, it was studies with the Senator. tion. So in effect although it is not a decided to move to this legislation. The average construction wage on a repeal of Davis-Bacon, it is its death And so that is why we are in this sit- federally assisted highway project in knell. And those of us who are willing uation. Those of us who want to speak Wisconsin was $15.55 an hour, more and obviously want to debate the whole on Davis-Bacon would urge the Senate than twice the rate on projects in Mis- issue of Davis-Bacon and its implica- to move toward the highway legisla- sissippi, where the workers average tions thought that the most appro- tion. If this measure were not part of $6.69 an hour. priate way of doing it is the way the it, we would say all right, we are pre- The cost per mile of construction was Senate generally considers measures, pared to see a full debate and a timely much lower in Wisconsin, $78,083 versus and that is to deal with them on the debate on this issue and a resolution of $95,329 in Mississippi. Cutting wages basis of the legislation itself which the Davis-Bacon issue in a timely way does not mean cutting costs. would have general application rather on the measure that was reported out That is taking into consideration the than dealing with it piece by piece, on of our committee. That would let the variants in terrain and other kinds of one piece of legislation after another. Senate consider a number of the dif- construction. That is using a singular This measure, in terms of the High- ferent changes and suggestions and standard, and we will come back to re- way Act, is commendable, and I intend amendments that might come at that view those studies in detail later this to support the underlying legislation. I time. But we are not given really that evening if that is the desire. see no reason why that legislation opportunity to do so. Even if it were true that we could could not have been completed, even So we wanted to address this issue save money by driving down the wages with discussions, tonight or tomorrow. and speak to some of the misunder- of construction workers, it would be There may be other Members of this standings which have been expressed wrong to do it. This mean-spirited at- body who wanted to address particular even earlier this evening on this issue. tack on construction workers and their provisions in that legislation, but it is I believe the vote on the bill and the families is unwarranted and unfair. the decision and judgment of the com- provision to waive the application of Mr. President, I have here a chart of mittee to insert the provisions repeal- Davis-Bacon to Federal highway con- what the workers are receiving. For ex- ing the Davis-Bacon Act in here, which struction is a critical test of whether ample, this is in heavy construction, should be addressed as we normally ad- the Senate will abandon its historic for iron workers. It shows the hourly dress these measures on the piece of protection of local labor standards. In wage and what their annual wage is on legislation which has been reported out March, the Committee on Labor and heavy construction. of the Labor and Human Resources Human Resources voted along party Let us talk about what the income of Committee, and which is on the cal- lines to repeal Davis-Bacon altogether. these workers is in America. The aver- endar, and I would have welcomed the I opposed that legislation. I know other age income is $26,000 a year. That is a opportunity to debate it this evening, Members of the Senate opposed it, too. lot of money perhaps for a lot of peo- tomorrow, or any other time. Repealing the Davis-Bacon protec- ple—and it certainly is—but it is But, no, it is said, well, we are going tions would take this country back to $26,000 a year. We are having, effec- to circumvent the procedures and the the days when cutthroat competition tively, an assault on these workers process of the Senate, and we are going on wages drove down living standards that are averaging $26,000. With all the to repeal it; we are not going to wait for construction workers and reduced problems that we have in this country, for the Senate to debate that measure their families to poverty. I cannot be- we want to undermine the ability of independently but we are going to tag lieve that a majority of the Senate the average construction worker to that on to the highway legislation, and wants to return to the harsh employ- make $26,000 a year. so we are forced into this cir- ment practices of a half a century ago. We just passed, less than an hour ago, cumstance. We are not the ones who The Republican argument for repealing legislation that is going to mean hun- are delaying the consideration of the Davis-Bacon is that the Government dreds of billions of dollars to various fi- highway legislation. It is those who will save money by paying construc- nancial interest groups in this country, want to circumvent the Senate proce- tion workers less than it does today. and I supported it. But make no mis- dures who are forcing this kind of The problem is that the argument is take about it, that is going to put hun- delay. And so we are quite prepared to not true. dreds of millions and billions of dollars make some of our case this evening and Now, listen to this, Mr. President. In in the pockets of Americans. Here we tomorrow and the days ahead and wel- fact, the Government will not save are talking about what goes into the come that opportunity to do so and to anything by driving down the wages of pockets and pocketbooks of construc- correct some of the comments that construction workers on highway tion workers. have even been made earlier this projects. According to a recent study, The average is $26,000 a year. If you evening. the 13 States with the highest con- are an iron worker in Nashville, TN, I think that is the best way to ad- struction wages build their highways you make an $8.41 hourly wage, $12,000 dress the legislation reported out of at lower cost than the 13 States with a year under Davis-Bacon—$12,000 a that committee. And I would say that the lowest wages. year. as recently as today there have been Let me just repeat that. And we will If you are up in Burlington, VT, it is coalitions that have been working on a get back into the studies. We will have $9.70 an hour, $14,000 a year. If you series of recommendations and changes time. But I want to make an opening come up to our part of the country in June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8485 Providence, RI, it is $20 an hour, $31,000 ers down, to keep them out of the mid- an entirely different kind of risk-bene- a year. Up in Massachusetts, it reaches dle class. This bill and the repeal of the fit ratio than adults. We tried to work as high as $33,000 a year. Davis-Bacon Act for highway construc- that out in our committee. Oh, no, the This is for every construction worker tion are part of a larger assault Repub- votes were there to repeal the Delaney under the Davis-Bacon Act, and I am licans are mounting on all fronts clause, and the Republicans have done going to come back as to how you against America’s working families. that as well. So it will have an impact reach Davis-Bacon figures. What is happening to these families? on the food stream in this country and The same is true on residential con- They are having a hard time making greater risks will be out there, Mr. struction; wages are not high. In fact, ends meet. They are falling further and President. in residential construction wages are further behind in terms of real income So, what happens with this Davis- generally much less. For carpenters in and working harder. Bacon proposal? The highway bill has Nashville, TN, $6 an hour, $9,000 a year. What is happening to their kids? If become the latest battleground in that This is extraordinary. It is a real ripoff their kids want to go to college and attack. It contains a provision to re- of the taxpayer to be paying someone they are eligible for the Stafford loans, peal Davis-Bacon. It proposes to take who is going to make $9,000 on Federal under the Republican proposal, they $1.1 billion out of the pockets of con- construction. are going to pay $3,500 more for those struction workers over the next 5 I find it troublesome that there is so Stafford loans. years. That is how much the commit- much excitement about trying to alter If the kids need summer jobs, they tee’s Republicans claim they can save or change Davis-Bacon, to somehow will be lucky to get one. Mr. President, by cutting wages on Federal construc- suggest that these men and women are 1,400 jobs were cut in my city of Boston tion projects. making too much with these annual because of the cutback in the Summer It is a typical Republican policy: earnings of $9,000 in residential con- Jobs Program. Wage cuts for the workers, tax cuts for struction for carpenters in Nashville, In terms of support in the school re- the rich. In fact, as the Federal high- or $11,000 in Ohio, or $15,000 in Con- form programs, even the projection in way construction data indicate, it is necticut, or even $21,000 in Michigan, the Head Start Program, the Repub- highly unlikely that any of these so- or $28,000 for carpenters in Illinois, licans are cutting back on the support called savings will actually be achieved that this is somehow an injustice, that for the children of these working fami- by the taxpayer. If anything, lower somehow these men and women are rip- lies. wages mean higher construction costs, ping off the system because they are We are having an assault on the in- not lower costs. making that. come of working families, and with the The notion that reducing the wages It just does not hold water, Mr. Republican program for cuts in the of construction workers on Federal President. These are hard-working men Medicare Program, you are cutting construction projects will result in and women. Their annual hours are back on the parents of the working substantial cost savings for the Federal only 1,500 hours. Some work a little bit families. You cannot get around that, Government has been examined and more, 1,700 hours, depending on the Mr. President; you cannot get around categorically rejected by the leading weather and the economy, but it has that. construction industry economist in the been difficult in the construction in- What happens when they get savings country, Dr. John Dunlop, a former dustry over the period of recent years. under Medicare? They use it for tax Secretary of Labor under President Apparently some Republican Sen- cuts, $350 billion in tax cuts for the Ford and a professor of economics at ators believe those construction work- wealthy individuals in this country, Harvard for many years. According to ers are so overpaid that their wages reaffirmed in the last 48 hours over in Dr. Dunlop, who is a Republican, should be cut. In fact, construction the House of Representatives by the There is simply no sound basis for gratu- workers are not overpaid. Despite their Republicans. itously assuming that lower wage rates in considerable skills, the danger and We should not just treat these one by the construction industry generally mean physical hardship of their work, and one, I would not think. Certainly the lower costs to the public. the years of apprenticeship many have families do not figure it that way. There is simply no sound basis for gratu- served to attain journeyman, their av- They just do not look at it as a prob- itously assuming that lower wage rates in erage annual income is about $28,000 a lem in one particular bill. They are the construction industry generally mean year. looking at what the impact is totally lower costs to the public. The second most dangerous industry on them, and that is what is happening. The reason is obvious. You get what is construction. The second most dan- This goes right to the heart of the you pay for. Lower paid workers are gerous industry—construction. We are dollars and cents that they are able to likely to be less skilled workers and, saying, ‘‘Oh, no, they are doing too make working in construction. therefore, less productive workers. If well in America,’’ in spite of all the Mr. President, in talking about what wages are lower, but it takes the work- studies that show that the working is happening and the impact on the ers longer to complete the work, there families of this country over the period working families, we will have in just a are no cost savings. If their work is in- of the last 12 years have fallen further few days the regulatory reform bill ferior in quality, it means higher long- and further behind in terms of the which, effectively, emasculates the term maintenance and repair costs. So economy. They are working longer and OSHA program with a supermandate there are no cost savings. And that has making less in real income. That has that provides an entirely different not been figured into these cost sav- been happening for 15 years, and if you cost-benefit ratio than is used by ings. There are no provisions for the go ahead with the repeal of Davis- OSHA at the present time and will put diminution in terms of the experience Bacon, you are going to accelerate at serious risk the various proposals of workers on the job or for inferior that. that have been put out by OSHA to kinds of work or for longer-term main- It seems to me that we ought to be protect the American worker, not just tenance. That is not figured into these speaking for working families. We are in the construction industry, but in all figures that are bantered around so not asking for them to get some special industries. We will have that out here. easily on the floor this evening. boondoggle when they are making They repeal the Delaney clause, This kind of attack on construction $15,000, $16,000, $20,000, or $25,000 a year. which is going to mean that no longer workers and their families is unjusti- That does not seem to me like some are you going to be required to keep fied. There is nothing unfair about pay- boondoggle. There are a lot of boon- carcinogens out of the food stream in ing the prevailing wage on construc- doggles around here, but this is not one the United States of America. That tion projects. Again and again over the of them. came out of the Judiciary Committee. years, we have heard the argument Republicans like to accuse the Demo- We will be debating that over here. that Davis-Bacon is inflationary and crats of class warfare when we oppose For years, we talked about changing that it mandates artificially high their tax cuts for the rich, but this is the Delaney clause to a more respon- union wages. On the committee, Re- an uglier class warfare conducted by sible risk-benefit ratio, a particularly publicans made this argument in their Republicans to keep blue-collar work- sensitive issue for children who have report on the bill on page 11. They say, S 8486 CONGRESSIONAL RECORD — SENATE June 15, 1995 ‘‘The existing law protects union labor- threshold and unnecessary paperwork ed the opportunity to at least debate ers at the expense of unskilled work- can be taken care of through a sensible that measure independently and have a ers.’’ That simply is not true. reform amendment, like the one Sen- chance to amend it and have the focus Only 29 percent of the prevailing ator SIMON offered in our Labor and and attention of the Senate on it. It wage schedules issued by the Labor De- Human Resources Committee when we has been the desire of the Republicans partment in 1994 reflected union wage considered the issue. The Davis-Bacon in the committee to put this measure rates. Forty-eight percent of the wage Act does need to be updated, but the on a matter that is out of your juris- schedules reflected nonunion rates, and core principle of the law is as valid diction, quite frankly. Your committee the rest were mixed. Listen to this. today as when it was signed 64 years does not have jurisdiction on the Only 29 percent of the prevailing wage ago. The Federal Government should Davis-Bacon Act, nonetheless, the Sen- schedules issued by the Labor Depart- not try to save money by cutting the ator made the judgment decision to ment in 1994 reflected union wage wages of its citizens. The Davis-Bacon take that step. rates. Forty-eight percent of the wage Act has not been substantially revised Now, that is something that can be schedules reflected nonunion rates. in 64 years, since it was enacted. Re- done, but it is not in the jurisdiction of And the rest were mixed. forms are needed. The threshold for your committee. It is in the jurisdic- The Davis-Bacon law does not require coverage needs to be adjusted to reflect tion of Senator KASSEBAUM’s commit- contractors to pay union wage rates. inflation. The paperwork requirements tee. They have taken action, but the The Washington Post recently got this for contractors are overly burdensome Senator has circumvented the proce- wrong and had to print a correction. So and need to be cut back. dure and we are faced with this par- let there be no mistake. The Davis- Clear and more sensible lines should ticular issue. We intend to speak to Bacon Act does not require the pay- be drawn on what work is covered. that. ment of union wages or the employ- Workers who are not receiving the I do think that the point needs to be ment of union workers—two mis- wages they deserve need to have a reiterated, that there is a total array conceptions that are bantered around more effective way to resolve com- of different Republican activities that here on the floor and were in our com- plaints. That is why I am for reform of are symbolized by this assault on mittee. It requires the payment of pre- the Davis-Bacon Act. I have been on working families that are making vailing wages, the going rate in the record in favor of reform for many $27,000 a year. community. You are basically saying years. It is an assault on Davis-Bacon that in any of these communities, if But there is a world of difference be- today. We had that assault on edu- they are paying $6 an hour, they get $6 tween reform and repeal. A coalition of cation just 3 weeks ago. We had that an hour if they are going to build a nearly 20,000 contractors, all opposed assault on Medicare. We still have not Federal project. If you are going to to an outright repeal, are lobbying for had the closing of the billionaires’ build the highways or build residential reform, not repeal. We stand ready to loophole. It is interesting. We are all construction, or if you are going to work with colleagues on both sides of debating this issue out here and we build heavy construction, it is a higher the aisle on any reasonable proposal still have not found time to debate and rate—whatever is the prevailing wage for reform. We are strongly opposed to close the billionaires’ loophole. I do in the local community. Whether it be the anti-worker scheme that would dis- think it is important for the American union or nonunion, that is the wage mantle basic construction workers’ people to have some understanding of rate. So that the Federal Government protections in all parts of the Nation. how we are spending our time and how will not be driving the wages down or Repeal of Davis-Bacon is an anti-work we are spending our energy and what artificially inflating them. That is ba- ideology run amok and should be re- we are doing as a matter of priorities. sically the reason for the law. jected out of hand by the Senate. We will have a full day, and I always The goal of the act is not to artifi- I would be glad to either yield to the welcome the chance to have this dis- cially inflate wages. The goal is to Senator from Rhode Island about those cussion with my friend and colleague. I keep Federal projects from being used reports or to make some general con- see the Senator from Illinois here. to drive down local wages and local cluding remarks. Mr. CHAFEE. I wonder if the Senator labor standards. That goal is as valid Mr. CHAFEE. Mr. President, I think from Massachusetts mentioned re- today as it was in 1931, 64 years ago, what we are going to do this evening is forms, and I am curious as to what the when the law was first enacted. this. The Senator from Illinois has suggested reforms are. The construction labor market is not something he wants to discuss as in To suggest we have come out of the a national labor market. There are morning business, which will take blue without any consideration in the thousands of local markets, and the about 15 minutes. And then it would be respective committee that deals with wage rate for laborers, for example, my intention—and the leader said we Davis-Bacon, in our committee, we varies from one part of the country to can—to adjourn for the evening. Then have trespassed into areas we do not another, from the minimum of $4.25 an we would be here tomorrow morning at belong in. Davis-Bacon we have had out hour to more than $20 an hour. Car- whatever time we come in. Then there here on the floor as the Senator from penter wages vary from less than $6 an will be a chance for everybody to dis- Massachusetts knows, many, many hour to more than $25 an hour. The cuss this further. I have some ques- times. And this provision that came Davis-Bacon Act respects these dif- tions I would like to ask the Senator from our committee solely applies for ferences. Those who want to repeal the from Massachusetts, but obviously he the areas that we deal with. I am not act ignore those differences. They will be here tomorrow. This is what we willing to concede that it is not within would let Federal contractors drive call a filibuster on the motion to pro- our jurisdiction. wages down as low as they can. Repeal- ceed. Rather than wearing everybody However, I am curious as to what the ing Davis-Bacon or its application to out, it would be my suggestion that we suggestions are, and I do not need them highway construction is an invitation adjourn following the comments by the in great detail, but roughly, what is to exploitation, and it ought to be re- Senator from Illinois, as in morning the Senator talking about? The Davis- jected. business. Bacon now applies to any contract over Mr. President, the evidence of the Mr. KENNEDY. Well, Mr. President, I $2,000. In other words, it applies to ev- harmful effects of a repeal on minori- see my friend from Illinois wanting to erything. ties, as well, is clear. This would have talk. I will welcome the opportunity to What is the general trend, if I might an adverse impact in terms of the em- continue this dialog tomorrow. I will ask the Senator from Massachusetts, of ployment opportunities for women, as make a final comment on this. these reforms? well as minorities. There is a very im- I do want to just underline a point, Mr. KENNEDY. I see my colleague portant study—but I see others who because I think it is a point worth reit- who offered the reform proposal which want to speak, so I will get into that erating—that is, that there is a pro- I supported in the committee. I wonder later this evening or tomorrow. posal on the Senate calendar that deals if the Senator from Illinois would like A Davis-Bacon repeal is wrong. The with this generically. Those of us who to take a few moments and go through legitimate concerns about the act’s are speaking about this measure want- the different provisions with regard to June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8487 raising the thresholds and with regard the Senator will find that it helps The preamble was agreed to. to other features such as the paper- small business people. The concurrent resolution, with its work provisions—the range of different Mr. CHAFEE. Mr. President, I would preamble, is as follows: areas which have been raised as mat- be happy if that were so. S. CON. RES. 17 ters of concern. Why do we not proceed as in morning Whereas the RAH–66 Comanche is the new The Senator from Illinois has a very business? reconnaissance of the Army; comprehensive program. I see the Sen- Mr. SIMON. Mr. President, I ask Whereas the Comanche will save the lives ator on the floor now. I will let him unanimous consent that I may proceed of military aviators acting in the defense of comment on that. I look forward to as in morning business for 15 minutes. the Nation; adding to it tomorrow. Mr. CHAFEE. Mr. President, it would Whereas the technologies employed in the Mr. SIMON. Mr. President, I would then be my thought that we would Comanche make it a revolutionary, highly effective, and survivable helicopter; like to deal with this tomorrow. I wind up here and adjourn for the Whereas the Comanche development pro- would say to the Senator from Rhode evening. gram is on budget, on schedule, and encom- Island that what we do is raise the ceil- Mr. SIMON. Mr. President, I thank passes the latest concepts of design and test- ing. We also deal with the problems the Chair. ing to drastically reduce performance risk that contractors say they have with (The remarks of Mr. SIMON pertain- and ensure ease of manufacturing and main- Davis-Bacon. I think it is a practical ing to the introduction of S. 933 are lo- tenance; and bill that answers the fundamental cated in today’s RECORD under ‘‘State- Whereas many members of Congress have problems. ments on Introduced Bills and Joint expressed support for the Comanche and an Mr. CHAFEE. What does the ceiling Resolutions.’’) interest in seeing the Comanche and learning more about its technology: Now, therefore, go to? f be it Mr. SIMON. The ceiling would go, as Resolved by the Senate (the House of Rep- I recall, to $100,000. I will have the full PRIVILEGES OF THE FLOOR resentatives concurring), information on this tomorrow. Mr. CHAFEE. Mr. President, I ask SECTION 1. USE OF CAPITOL GROUNDS FOR THE We offered this in committee. We unanimous consent that Larry Dwyer, EXHIBITION OF THE COMANCHE checked this out with a number of con- HELICOPTER AND ASSOCIATED detailed from the Federal Highway Ad- TECHNOLOGIES. tractors. We think the proposal that ministration, be granted floor privi- we have makes a great deal of sense. I The Boeing Company and United Tech- leges during the duration of the Sen- nologies Corporation Joint Venture (herein- will have a chance to discuss that to- ate’s debate on S. 440. after in this resolution referred to as the morrow. The PRESIDING OFFICER. Without ‘‘Joint Venture’’), acting in cooperation with Mr. KENNEDY. I say to the Senator objection, it is so ordered. the Secretary of the Army, shall be per- it is $100,000 for new construction; Mr. SIMON. Mr. President, I have mitted to sponsor a public event featuring $25,000 for alteration, repair, renova- been handed a note by the staff. the first flying prototype of the RAH–66 Co- manche helicopter on the East Front Plaza tion, rehabilitation. On behalf of Senator KENNEDY, I ask The second part deals with contract of the Capitol Grounds on June 21, 1995, or on unanimous consent that Ross such other date as the President pro tempore splitting. There is a whole provision in Eisenbrey, a fellow on the staff of the here affecting the reporting require- of the Senate and the Speaker of the House Labor Committee, be granted floor of Representatives may jointly designate. ments, to allow inspection of payrolls privileges during the pendency of this SEC. 2. CONDITIONS. by interested parties. matter. This was an important issue to deter- (a) IN GENERAL.—The event to be carried The PRESIDING OFFICER. Without out under this resolution shall be free of ad- mine which workers are actually being objection, it is so ordered. mission charge to the public and arranged covered. not to interfere with the needs of Congress, f We will have an opportunity to dis- under conditions to be prescribed by the Ar- cuss the compliance provision, the defi- USE OF THE CAPITOL GROUNDS chitect of the Capitol and the Capitol Police nition of various employees. FOR AN EXHIBITION Board; except that the Joint Venture shall Mr. SIMON. If my colleague will assume full responsibility for all expenses yield, we also reduced the reporting by Mr. CHAFEE. Mr. President, I ask and liabilities incident to all activities asso- contractors very significantly. I think unanimous consent that the Rules ciated with the event. that the average contractor would be Committee be immediately discharged (b) FLYING PROHIBITION.—The Comanche helicopter referred to in section 1 shall be pleased. from further consideration of Senate Concurrent Resolution 17; and, further, transported by truck to and from the event Now, a contractor wants to depress to be carried out under this resolution and wages, they probably will not be that the Senate now proceed to its im- shall not be flown as part of the event. mediate consideration. pleased. SEC. 3. STRUCTURES AND EQUIPMENT. Mr. CHAFEE. I am not prepared to The PRESIDING OFFICER. Without For the purposes of this resolution, the concede that every contractor that objection, it is so ordered. Joint Venture is authorized to erect upon does not like Davis-Bacon is out to de- The clerk will report. the Capitol Grounds, subject to the approval press wages. We will have time to dis- The legislative clerk read as follows: of the Architect of the Capitol, a portable cuss that further. A concurrent resolution (S. Con. Res. 17) shelter, sound amplification devices, and I am not sure what has been done. It authorizing the use of the Capitol Grounds such other equipment as may be required for has been raised to $100,000. If the Sen- for the exhibition of the RAH–66 Comanche the event to be carried out under this resolu- ator will show me the building or any helicopter. tion. The portable shelter shall be approxi- The PRESIDING OFFICER. Is there mately 60 feet by 65 feet in size to cover the job that is less than $100,000 that the Comanche helicopter referred to in section 1 Federal Government goes out and con- objection to the immediate consider- and to provide shelter for the public and the tracts for, I will be surprised. ation of the concurrent resolution? technology displays and video presentations Never mind. We will have all day to- There being no objection, the Senate associated with the event. morrow to discuss that. I would say proceeded to consider the concurrent SEC. 4. EVENT PREPARATIONS. that one of the things I would appre- resolution. The Joint Venture is authorized to conduct ciate the Senator addressing, in my ex- Mr. CHAFEE. Mr. President, I ask the event to be carried out under this resolu- perience, in my State, I have discov- unanimous consent that the concur- tion from 8 a.m. to 3 p.m. on June 21, 1995, or ered that Davis-Bacon is an anti-small rent resolution be agreed to, the pre- on such other date as may be designated business law. amble be agreed to, and the motion to under section 1. Preparations for the event In other words, the small business- reconsider be laid on the table, and may begin at 1 p.m. on the day before the that any statements relating to the event and removal of the displays, shelter, man cannot qualify to do Davis-Bacon and Comanche helicopter referred to in sec- jobs. They do not have the record built concurrent resolution appear at the ap- tion 1 shall be completed by 6 a.m. on the up, or the recordkeeping machinery, propriate place in the RECORD. day following the event. the capabilities. It is a bad move for The PRESIDING OFFICER. Without SEC. 5. ADDITIONAL ARRANGEMENTS. small businesses. objection, it is so ordered. The Architect of the Capitol and the Cap- Mr. SIMON. If the Senator will sup- So the concurrent resolution (S. Con. itol Police Board are authorized to make any port the Simon-Kennedy amendment, Res. 17) was agreed to. such additional arrangements that may be S 8488 CONGRESSIONAL RECORD — SENATE June 15, 1995 required to carry out the event under this Whereas, when it appears that evidence ruary 22, 1992. I wanted to make it a resolution. under the control or in the possession of the matter of daily record precisely the SEC. 6. LIMITATION ON REPRESENTATIONS. Senate is needed for the promotion of jus- size of the Federal debt which as of The Boeing Company and the United Tech- tice, the Senate will take such action as will yesterday, Wednesday, June 14, stood promote the ends of justice consistent with nology Corporation shall not represent, ei- at $4,905,557,258,890.90 (or $18,621.58 for ther directly or indirectly, that this resolu- the privileges of the Senate; tion or any activity carried out under this Whereas, pursuant to section 703(a) and every man, woman, and child in Amer- resolution in any way constitutes approval 704(a)(2) of the Ethics in Government Act of ica). 1978, 2 U.S.C. §§ 288B(A) and 288C(A)(2), the or endorsement by the Federal Government f of the Boeing Company or the United Tech- Senate may direct its counsel to represent employees of the Senate with respect to re- nology Corporation or any product or service ‘‘TAKE THE MONEY AND TALK’’ offered by the Boeing Company or the United quests for testimony made to them in their Technology Corporation. official capacities: Now, therefore, be it Mr. BYRD. Mr. President, without a Resolved, That Ross Keys is authorized to f produce records and provide testimony in the doubt, the relationship between the cases of Schneider v. Schaaf and Schneider v. media and politicians is a unique and AUTHORIZING REPRESENTATION interesting one. All would agree that BY SENATE LEGAL COUNSEL Messer, except concerning matters for which a privilege should be asserted. press attention on politicians is a natu- AND TESTIMONY BY FORMER SEC. 2. The Senate Legal Counsel is author- ral function of journalistic coverage of SENATE EMPLOYEE ized to represent Ross Keys in connection the legislative process. It is a nec- Mr. CHAFEE. Mr. President, I ask with the testimony authorized by section 1 essary and useful role for the members unanimous consent that the Senate of this resolution. of the press. f proceed to the immediate consider- Over the years, there has been a lot ation of Senate Resolution 135, submit- CLOTURE MOTION of media coverage focused on the ef- ted earlier today by Senators DOLE and Mr. CHAFEE. Mr. President, I send a fects of special interests on the legisla- DASCHLE. tive process. Reams have been written The PRESIDING OFFICER. The cloture motion to the desk that is signed by 16 Senators. on how the wishes of the American peo- clerk will report. ple are compromised by the practice of The legislative clerk read as follows: The PRESIDING OFFICER. The clerk will report. legislators accepting gratuities from A resolution (S. Res. 135) to authorize pro- the pockets of highly paid lobbyists. duction of documents and testimony by a The legislative clerk read as follows: former Senate employee, and representation CLOTURE MOTION Miles of video tape have been aired on by Senate legal counsel. We, the undersigned Senators, in accord- programs critical of Members of Con- gress who cavort with special interest The PRESIDING OFFICER. Is there ance with the provisions of rule XXII of groups which have influence over mat- objection to the immediate consider- Standing Rules of the Senate, hereby move to bring to a close debate on the motion to ters under consideration by Congress. ation of the resolution? proceed to Calendar Number 114, S. 440, the Often, by focusing their investigative There being no objection, the Senate National Highway System bill, signed by 16 proceeded to consider the resolution. light on elected officials, the media Senators. have brought instances of unethical be- Mr. DOLE. Mr. President, the plain- Bob Dole, Lauch Faircloth, Larry Pres- tiffs in two civil actions pending in sler, Rod Grams, Don Nickles, Robert havior to the public’s attention. North Dakota State court have re- F. Bennett, Craig Thomas, James M. Partly as a result of this attention, quested documents and testimony from Inhofe, Pete V. Domenici, John W. Members of Congress got the message. a former member of Senator CONRAD’s Warner, Hank Brown, John Chafee, In an effort, which I led here some staff relating to constituent casework Christopher Bond, Kay Bailey years ago, to eliminate possible con- Hutchison, Bob Smith, and Dirk flicts of interest and perceptions of the staff member performed for the Kempthorne. plaintiffs. The following resolution such conflicts, Members chose to pro- would authorize the former staff mem- f hibit the acceptance of honoraria and ber to testify at a deposition with rep- MORNING BUSINESS to require public disclosure of gifts from outside groups. Now, because of resentation by the Senate Legal Coun- (During today’s session of the Sen- reporting requirements, the American sel, and would authorize the production ate, the following morning business people are able to judge the effects that of documents. was transacted.) Mr. CHAFEE. Mr. President, I ask any undue influence lobbyists may unanimous consent that the resolution f have on their elected representatives. be considered and agreed to, that the WAS CONGRESS IRRESPONSIBLE? What is distressing to me is the lack preamble be agreed to, that the motion THE VOTERS HAVE SAID YES of parity that exists in this area as far to reconsider be laid upon the table, Mr. HELMS. Mr. President, on that as the media are concerned. In the and that any statements relating to memorable evening in 1972 when I June 1995 edition of the American the resolution appear at the appro- learned that I had been elected to the Journalism Review, Alicia C. Shepard, priate place in the RECORD. Senate in 1972, one of the commitments in an article entitled, ‘‘Take the Money The PRESIDING OFFICER. Without I made to myself was that I would and Talk,’’ makes a compelling argu- objection, it is so ordered. ment for members of the press to turn So the resolution (S. Res. 135) was never fail to see a young person, or a group of young people, who wanted to the light of honoraria disclosure on agreed to. themselves. As the article points out, The preamble was agreed to. see me. It certainly proved beneficial to me journalists who receive honoraria from The resolution, with its preamble, is the very groups they cover have be- as follows: because I’ve been inspired by the esti- mated 60,000 young people with whom come a matter of considerable concern. S. RES. 135 I’ve visited during the nearly 23 years It seems that even many reporters feel Whereas, the plaintiffs in Schneider v. uncomfortable with the large sums Schaaf, Civ. No. 95–C–1056 and Schneider v. I’ve been in the Senate. Most of them have been concerned that their peers receive from speaking Messer, Civ. No. 93–C–124, civil actions pend- engagements. ing in state court in North Dakota have about the magnitude of the Federal sought the deposition testimony of Ross debt that Congress has run up for the In this age of instant communica- Keys, a former Senate employee who worked coming generations to pay. The young tion, no one can doubt the tremendous for Senator Kent Conrad and documents people and I always discuss the fact impact of the media. Their stories—ei- from Senator Conrad’s office; that under the U.S. Constitution, no ther in print, through newspapers and Whereas, by the privileges of the Senate of President can spend a dime of Federal magazines, or on the air waves, the United States and Rule XI of the Stand- through network news and talk radio— ing Rules of the Senate, no evidence under money that has not first been author- the control or in the possession of the Senate ized and appropriated by both the control the very way the public re- can, by administrative or judicial process, be House and Senate of the United States. ceives the news each day and perceives taken from such control or possession but by That’s why I began making these the issues and the players in the cov- permission of the Senate; daily reports to the Senate on Feb- erage. Reporters have the ability to June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8489 frame a story through virtually any fil- which I have referred be printed in the Roberts’ ABC colleague Jeff Greenfield, ter they choose. Theirs is a powerful RECORD. who also speaks for money, doesn’t think it’s tool that cannot be taken lightly. There being no objection, the article a good idea to duck the issue. ‘‘I think we was ordered to be printed in the ought not not talk about it,’’ he says. ‘‘I At a time when public cynicism with mean that’s Cokie’s right, obviously,’’ he both politicians and the media seems RECORD, as follows: adds, but ‘‘if we want people to answer our to have reached new proportions, the [From the American Journalism Review, questions, then up to a reasonable point, we journalism profession ought to put the June 1995] should answer their questions.’’ brakes on and reflect on how it is TAKE THE MONEY AND TALK The phenomenon of journalists giving speeches for staggering sums of money con- tainted by the policy of accepting (By Alicia C. Shepard) tinues to dog the profession. Chicago Trib- speaking fees. How is one to know if a It’s speech time at the Broward County une Washington Bureau Chief James Warren given journalist has a private agenda Convention Center in Fort Lauderdale. has created a cottage industry criticizing or an ax to grind? Right now, the pub- ABC News correspondent and NPR com- colleagues who speak for fat fees. Washing- lic is not assured of balanced reporting mentator Cokie Roberts takes her brown ton Post columnist James K. Glassman be- and can only hope that members of the handbag and notebook off of the ‘‘reserved’’ lieves the practice is the ‘‘next great Amer- press are above ethical compromise. table where she has been sitting, waiting to ican scandal.’’ Iowa Republican Sen. Charles speak. She steps up to the podium where she Although some media outlets are be- Grassley has denounced it on the Senate is gushingly introduced and greeted with re- floor. ginning to put restrictions into place, sounding applause. A number of news organizations have no rules of disclosure with respect to Framed by palm fronds, Roberts begins her drafted new policies to regulate the practice outside income are required by the speech to 1,600 South Florida businesswomen since debate over the issue flared a year ago journalism profession. There is no attending a Junior League-sponsored semi- (see ‘‘Talk is Expensive,’’ May 1994). Time place to go to find out if a reporter has nar. Having just flown in from Washington, magazine is one of the latest to do so, issu- been compromised. D.C., Roberts breaks the news of the hours- ing a flat-out ban on honoraria in April. The old arrest of a suspect in the Oklahoma City Society for Professional Journalists, in the Somewhat arrogantly or perhaps na- bombing. She talks of suffragette Susan B. process of revising its ethics code, is wres- ively, many reporters have adopted the Anthony, of how she misses the late House tling with the divisive issue. ‘‘trust me’’ theory of reporting, insist- Speaker Tip O’Neill, of the Republican take- The eye-popping sums star journalists re- ing that their ethical standards are not over on Capitol Hill. Then she gives her lis- ceive for their speeches, and the possibility to be questioned. For some unclear rea- teners the inside scoop on the new members that they may be influenced by them, have son, they assume that they are dif- of Congress. drawn heightened attention to the practice, ferent from the individuals about ‘‘They are very young,’’ says Roberts, 52, which is largely the province of a relatively ‘‘I’m constantly getting it wrong, assuming small roster of well-paid members of the whom they write. Simply by virtue of they are pages. They’re darling. They’re media elite. Most work for the television their name and employer, we are to be- wildly adept with a blow dryer and I resent networks or the national news weeklies; lieve that they are above reproach. them because they call me ma’am.’’ The au- newspaper reporters, with less public visi- The hypocrisy of this line of thinking dience laughs. bility, aren’t asked as often. is not only absurd, but it is also truly After talking for an hour on ‘‘Women and While the crescendo of criticism has re- Politics,’’ Roberts answers questions for 20 sulted in an official crackdown at several disturbing. To have a virtual field day news organizations—as well as talk of new in castigating politicians for allowing minutes. One woman asks the veteran cor- respondent, who has covered Washington hardline policies at others—it’s not clear special interest groups access and in- since 1978, when there will be a female presi- how effective the new policies are, since no fluence, and then to turn around and dent. public disclosure system is in place. ignore the same criticism in regard to ‘‘I think we’ll have a woman president Some well-known journalists, columnist themselves, in my mind, portrays a when a woman is elected vice president and and ‘‘Crossfire’’ host Michael Kinsley and press corps that is unaccountable and, we do in the guy,’’ Roberts quips. U.S. News & World Report’s Steven V. Rob- erts among them, scoff at the criticism. as a result, compromised or at least This crowd loves her. When Roberts fin- ishes, they stand clapping for several min- They assert that it’s their right as private highly suspect. In an age of instant citizens to offer their services for whatever communications, the media hold an un- utes. Roberts poses for a few pictures and is whisked out and driven to the Miami airport the market will bear, that new policies won’t equaled sway over the distribution of for her first-class flight back to Washington. improve credibility and that the outcry has information to the public. Their access For her trouble and her time, the Junior been blown out of proportion. But the spectacle of journalists taking big to, and influence on, the American peo- League of Greater Fort Lauderdale gave bucks for speeches has emerged as one of the Roberts a check for $35,000. ‘‘She’s high, very ple are unparalleled. The communica- high-profile ethical issues in journalism high,’’ says the League’s Linda Carter, who tions industry thus has an important today. obligation to guarantee the highest lined up the keynote speakers. The two other ‘‘Clearly some nerve has been touched,’’ ethical standards among its members. keynote speakers received around $10,000 Warren says. ‘‘A nerve of pure, utter defen- each. As the press are fond of pointing out, siveness on the part of a journalist trying to The organization sponsored the seminar to rationalize taking [honoraria] for the sake of in the public arena there are no free raise money for its community projects, rides. It is past time for journalists to their bank account because the money is so using Roberts as a draw. But shelling out alluring.’’ accept the same responsibility in this $35,000 wouldn’t have left much money for, A common route to boarding the lecture regard and acknowledge the dangers, say, the League’s foster care or women’s sub- gravy train is the political talk show. Na- within their own ranks, of receiving stance abuse programs or its efforts to in- tional television exposure raises a journal- money from special interest groups. crease organ donors for transplants. ist’s profile dramatically, enhancing the Instead, Robert’s tab was covered by a cor- One of the liberties our Constitution likelihood of receiving lucrative speaking of- porate sponsor, JM Family Enterprises. The fers. speaks of is freedom of the press. Cer- $4.2 billion firm is an umbrella company for The problem is that modulated, objective tainly, no one wants to see controls put the largest independent American distribu- analysis is not likely to make you a favorite on the media that would jeopardize the tor of Toyotas. The second-largest privately on ‘‘The Capital Gang’’ or ‘‘The McLaughlin ability to report objectively. But, we held company in Florida, it provides Toyotas Group.’’ Instead, reporters who strive for ob- are all better served when possible per- to 164 dealerships in five southeastern states jectivity in their day jobs are often far more ceptions of misconduct are removed. and runs 20 other auto-related companies. opinionated in the TV slugfests. Unfortunately, by refusing to address But Roberts doesn’t want to talk about the Time Managing Editor James R. Gaines, company that paid her fee. She doesn’t like who issued his magazine’s recent ban on ac- what is perceived at the very least as a to answer the kind of questions she asks cepting honoraria, sees this as another prob- double standard, the journalism profes- politicians. She won’t discuss what she’s lem for journalists’ credibility, one he plans sion runs the risk of losing further paid, whom she speaks to, why she does it or to address in a future policy shift. ‘‘These credibility with its audience. It is time how it might affect journalism’s credibility journalists say things we wouldn’t let them for all thinking members of the media when she receives more money in an hour- say in the magazine . . .,’’ says Gaines, to face up to the same standards they and-a-half from a large corporation than whose columnist Margaret Carlson appears so stridently require of others, and let many journalists earn in a year. frequently on ‘‘The Capital Gang.’’ ‘‘It’s the light of day reflect the objectivity ‘‘She feels strongly that it’s not something great promotion for the magazine and the that in any way, shape or form should be dis- magazine’s journalists. But I wonder about it of their work. cussed in public,’’ ABC spokeswoman Eileen when the journalists get into that adversar- Mr. President, in this regard, I ask Murphy said in response to AJR’s request for ial atmosphere where provocation is the unanimous consent that the article to an interview with Roberts. main currency.’’ S 8490 CONGRESSIONAL RECORD — SENATE June 15, 1995 Journalists have been ‘‘buckraking’’ for ‘‘I believe since all of us signed our con- the committee that issues congressional years, speaking to trade associations, cor- tracts with the expectation that the former press passes to daily print journalists. porations, charities, academic institutions ABC policy would prevail and took that into His platform included a promise to have and social groups. But what’s changed is the account when we agreed to sign our con- daily correspondents list outside sources of amount they’re paid. In the mid-1970s, the tracts for X amount,’’ Donaldson says, ‘‘it income—not amounts—on their applications fees peaked at $10,000 to $15,000, say agents was not fair to change the policy mid- for press credentials. Harwood’s goal was for speakers bureaus. Today, ABC’s Sam stream.’’ Donaldson says he has had to turn fuller disclosure of outside income, including Donaldson can get $30,000, ABC’s David down two speech offers. speaking fees. Brinkley pulls in $18,000 and the New York Greenfield believes the restrictions are un- ‘‘I’m not trying to argue in all cases it’s Times’ William Safire can command up to necessary. wrong,’’ says Harwood. ‘‘But we make a big $20,000. ‘‘When I go to speak to a group, the idea to-do about campaign money and benefits When a $4.2 billion Toyota distributor pays that it’s like renting a politician to get his lawmakers get from special interests and I’m $35,000 for someone like Cokie Roberts, or a ear is not correct,’’ he says. ‘‘We are being struck by how many people in our profession trade association pays a high-profile journal- asked to provide a mix of entertainment and also get money from players in the political ist $10,000 or $20,000 for an hour’s work, it in- information and keep audiences in their process.’’ evitably raises questions and forces news ex- seats at whatever convention so they don’t Harwood believes it’s hypocritical that ecutives to re-examine their policies. go home and say, ‘Jesus, what a boring two- journalists used to go after members of Con- That’s what happened last June at ABC. day whatever that was.’ ’’ gress for taking speech fees when journalists Richard Wald, senior vice president of news, Most agree it’s the size of the honoraria do the same thing. (Members of Congress are decided to ban paid speeches to trade asso- that is fueling debate over the issue. ‘‘If you no longer permitted to accept honoraria.) ciations and for-profit corporationsmuch to took a decimal point or two away, nobody ‘‘By disclosing the people who pay us,’’ the dismay of some of ABC’s best-paid cor- would care,’’ Greenfield says. ‘‘A lot of us are says Harwood, ‘‘we let other people who may respondents. As at most news organizations, now offered what seems to many people a lot have a beef with us draw their own conclu- speaking to colleges and nonprofits is al- of money. They are entertainment-size sums sions. I don’t see why reporters should be lowed. rather than journalistic sizes.’’ afraid of that.’’ When Wald’s policy was circulated to 109 And Wald has decided ‘‘entertainment-size But apparently they are. Harwood lost the employees at ABC, some correspondents sums’’ look bad for the network, which has election. howled (see Free Press, September 1994). Pro- at least a dozen correspondents listed with ‘‘I’m quite certain that’s why John lost,’’ tests last August from Roberts, Donaldson, speakers bureaus. It’s not the speeches them- says Alan J. Murray, the Journal’s Washing- Brinkley, Greenfield, Brit Hume and others selves that trouble Wald. ‘‘You can speak to ton bureau chief, who made many phone succeeded only in delaying implementation the American Society of Travel Agents or calls on his reporter’s behalf. ‘‘There’s clear- of the new guidelines. Wald agreed to the Electrical Council,’’ he says, ‘‘as long as ly a lot of resistance,’’ adds Murray, whose ‘‘grandfather in’’ speeches already scheduled you don’t take money from them.’’ newspaper forbids speaking to for-profit through mid-January. After that, if a cor- But are ABC officials enforcing the new companies, political action committees and respondent speaks to a forbidden group, the policy? ‘‘My suspicion is they’re not, that anyone who lobbies Congress. ‘‘Everybody money must go to charity. they are chickenshit and Cokie Roberts will likes John. But I couldn’t believe how many ‘‘Why did we amend it? Fees for speeches do whatever the hell she wants to do and people said—even people who I suspect have are getting to be very large,’’ Wald says. they don’t have the balls to do anything,’’ very little if any speaking incomes—that it’s ‘‘When we report on matters of national in- says the Chicago Tribune’s Warren, whose just nobody’s business. I just don’t buy terest, we do not want it to appear that folks newspaper allows its staff to make paid that.’’ who have received a fee are in any way be- speeches only to educational institutions. His sentiment is shared in the Periodical holden to anybody other than our viewers. There’s obviously some elasticity in ABC’s Press Gallery on Capitol Hill, where maga- Even though I do not believe anybody was policy. In April, Greenfield, who covers zine reporters applying for press credentials ever swayed by a speech fee, I do believe that media and politics, pocketed $12,000 from the must list sources of outside income. But in it gives the wrong impression. We deal in im- National Association and interviewing media the Radio-Television Correspondents Gal- pressions.’’ The new policy has hurt, says ABC White giants Rupert Murdoch and Barry Diller for lery, where the bigname network reporters House correspondent Ann Compton. Almost the group. Wald says that was acceptable. go for press credentials, the issue of disclos- a year in advance, Compton agreed to speak He also says it was fine for Roberts to ing outside income has never come up, says to the American Cotton Council. But this speak to the Junior League-sponsored busi- Kenan Block, a ‘‘MacNeil/Lehrer NewsHour’’ spring, when she spoke to the trade group, ness conference in Fort Lauderdale, even producer. she had to turn an honorarium of ‘‘several though the for-profit JM Family Enterprises ‘‘I’ve never heard anyone mention it here thousand dollars’’ over to charity. Since the paid her fee. and I’ve been here going on 11 years,’’ says policy went into effect, Compton has turned ‘‘As long as the speech was arranged by a Block, who is also chairman of the Radio- down six engagements that she previously reasonable group and it carried with it no Television Correspondents Executive Com- would have accepted. tinct from anybody, it’s okay,’’ says Wald. ‘‘I mittee. ‘‘I basically feel it’s not our place to ‘‘The restrictions now have become so don’t care where they [the Junior League] police the credentialed reporters. If you’re tight, it’s closed off some groups and indus- get their money.’’ speaking on the college circuit or to groups tries that I don’t feel I have a conflict with,’’ Even with its loopholes, ABC has the not terribly political in nature, I think, if says Compton, who’s been covering the strictest restrictions among the networks. anything, people are impressed and a bit en- White House off and on since 1974. ‘‘It’s NBC, CBS and CNN allow correspondents to vious. It’s like, ‘More power to them.’ ’’ closed off, frankly, the category of organiza- speak for dollars on a case-by-case basis and But the issue of journalists’ honoraria has tions that pay the kind of fees I get.’’ She de- require them to check with a supervisor been mentioned at Block’s program. clines to say what those fees are. first. Last fall, Andrew Lack, president of Al Vecchione, president of McNeil/Lehrer And it has affected her bank account. ‘‘I’ve NBC News, said he planned to come up with Productions, says he was ‘‘embarrassed’’ by got four kids * * *,’’ Compton says. ‘‘It’s cut a new policy. NBC spokesperson Lynn Gard- AJR’s story last year and immediately wrote off a significant portion of income for me.’’ ner says Lack has drafted the guidelines and a new policy. The story reported that Robert Some speakers bureaus say ABC’s new pol- will issue them this summer. ‘‘The bottom MacNeil accepted honoraria, although he icy and criticism of the practice have had an line is that Andrew Lack is generally not in often spoke for free; partner Jim Lehrer said impact. favor of getting high speaking fee,’’ she says. he had taken fees in the past but had stopped ‘‘It has affected us, definitely,’’ says Lori New Yorker Executive Editor Hendrik after his children got out of college. Fish of Keppler Associates in Arlington, Vir- Hertzberg also said last fall that his maga- ‘‘We changed [our policy] because in read- ginia, which represents about two dozen zine would review its policy, under which ing the various stories and examining our journalists. ‘‘More journalists are conscious writers are supposed to consult with their navel, we decided it was not proper,’’ of the fact that they have to be very particu- editors in ‘‘questionable cases.’’ The review Vecchione says. ‘‘While others may do it, we lar about which groups they accept hono- is still in progress. Hertzberg says it’s likely don’t think it’s proper. Whether in reality raria from. On our roster there’s been a de- the magazine will have a new policy by the it’s a violation or not, the perception is crease of some journalists accepting engage- end of the year. there and the perception of it is bad ments of that sort. It’s mainly because of There’s something aesthetically offensive enough.’’ media criticism.’’ to my idea of journalism for American jour- MacNeil/Lehrer’s new policy is not as re- Other bureaus, such as the National Speak- nalists to be paid $5,000, $10,000 or $20,000 for strictive as ABC’s, however. It says cor- ers Forum and the William Morris Agency, some canned remarks simply because of his respondents ‘‘should avoid accepting money say they haven’t noticed a difference. ‘‘I or her celebrity value,’’ Hertzberg says. from individuals, companies, trade associa- can’t say that the criticism has affected us,’’ Rewriting a policy merely to make public tions or organizations that lobby the govern- says Lynn Choquette, a partner at the speak- the outside income of media personalities ment or otherwise try to influence issues the ers forum. guarantees resistance, if not outright hos- NewsHour or other special * * * programs Compton, Donaldson and Greenfield still tility. Just ask John Harwood of the Wall may cover.’’ disagree with Wald’s policy but, as they say, Street Journal’s Washington bureau. This As is the case with many of the new, strict- he’s the boss. year, Harwood was a candidate for a slot on er policies, each request to speak is reviewed June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8491 on a case-by-case basis. That’s the policy at ers cheer him on and fax him tips for ‘‘Cokie ‘‘It’s both the amount and doing it,’’ he many newspapers and at U.S. News. Watch.’’ Others are highly critical and ask says. ‘‘I say the pay’s too much and we want Newsweek tightened its policy last June. who crowned Warren chief of the Washington to make sure the fee is disclosed. The aver- Instead of simply checking with an editor, ethics police. age worker in my state gets about $21,000 a staffers now have to fill out a form if they Even Warren admits his relentless assault year. Imagine what he or she thinks when a want to speak or write freelance articles and has turned him into a caricature. journalist gets that much for just one submit it to Ann McDaniel, the magazine’s ‘‘I’m now in the Rolodex as iconoclast, speech?’’ chief of correspondents. badass Tribune bureau chief who writes Public disclosure, says Grassley, would ‘‘The only reason we formalized the proc- about Cokie Roberts all the time,’’ says War- curtail the practice. ess is because we thought this was becoming ren, who in fact doesn’t. ‘‘But I do get lots of Disclosure is often touted as the answer. more popular than it was 10 years ago,’’ feedback from rank-and-file journalists say- Many journalists, such as Kinsley and Wall McDaniel says. ‘‘We want to make sure [our ing. ‘Way to go. You’re dead right,’ It obvi- Street Journal columnist Al Hunt—a tele- staff members] are not involved in accepting ously touches a nerve among readers.’’ vision pundit and Murray’s predecessor as compensation from people they are very So Warren writes about Cokie and Steve bureau chief—have said they will disclose close to. Not because we suspect they can be Roberts getting $45,000 from a Chicago bank their engagements and fees only if their col- bought or that there will be an improper be- for a speech and the traveling team of tele- leagues do so as well. havior but because we want to protect our vision’s ‘‘The Capital Gang’’ sharing $25,000 Other high-priced speakers have equally credibility.’’ for a show at Walt Disney World. He throws little enthusiasm for making the informa- Time, on the other hand, looked at all the in parenthetically that Capital Gang mem- tion public. ‘‘I don’t like the idea,’’ says media criticism and decided to simply end ber Michael Kinsley ‘‘should know better.’’ ABC’s Greenfield. ‘‘I don’t like telling people the practice. In an April 14 memo, Managing Kinsley says he would have agreed a few how much I get paid.’’ Editor Gaines told his staff, ‘‘The policy is years ago, but he’s changed his tune. He now But one ABC correspondent says he has no that you may not do it.’’ believes there are no intrinsic ethical prob- problem with public scrutiny. John Stossel, Gaines says the new policy was prompted lems with taking money for speaking. He a reporter on ‘‘20/20,’’ voluntarily agreed to by ‘‘a bunch of things that happened all at does it, he wrote in The New Republic in disclose some of the ‘‘absurd’’ fees he’s once.’’ He adds that ‘‘a lot of people were May, for the money, because it’s fun and it earned. Last year and through March of this doing cruise ships and appearances and have boosts his ego. year Stossel raked in $160,430 for speeches— some portion of their income from that, so ‘‘Being paid more than you’re worth is the $135,280 of which was donated to hospital, their ox is gored.’’ American dream,’’ he wrote. ‘‘I see a day scholarship and conservation programs. The ban is not overwhelmingly popular when we’ll all be paid more than we’re ‘‘I just think secrecy in general is a bad with Time staffers. Several, speaking on a worth. Meanwhile, though, there’s no re- thing,’’ says Stossel, who did not object to not-for-attribution basis, argue that it’s too quirement for journalists, alone among hu- ABC’s new policy. ‘‘We [in the media] do tough and say they hope to change Gaines’ manity, to deny themselves the occasional have some power. We do have some influ- mind. He says that won’t happen, although fortuious tastes of this bliss.’’ ence. That’s why I’ve come to conclude I he will amend the policy to allow paid To Kinsley, new rules restricting a report- should disclose, so people can judge whether speeches before civic groups, universities and er’s right to lecture for largesse don’t accom- I can be bought.’’ groups that are ‘‘clearly not commercial.’’ plish much. (Stossel didn’t always embrace this notion ‘‘Academic seminars are fine,’’ he says. ‘‘If ‘‘Such rules merely replace the appearance so enthusiastically. Last year he told AJR some college wants to pay expenses and a of corruption with the appearance of propri- he had received between $2,000 and $10,000 for $150 honorarium, I really don’t have a prob- ety,’’ he wrote. ‘‘What keeps journalists on a luncheon speech, but wouldn’t be more pre- lem with that.’’ the straight and narrow most of the time is cise.) Steve Roberts, a senior writer with U.S. not a lot of rules about potential conflicts of Brian Lamb, founder and chairman of C- News & World Report and Cokie Roberts’ interest, but the basic reality of our business SPAN, has a simpler solution, one that also husband, is annoyed that some media organi- that a journalist’s product is out there for has been adopted by ABC’s Peter Jennings, zations are being swayed by negative public- all to see and evaluate.’’ NBC’s Tom Brokaw and CBS’ Dan Rather ity. He says there’s been far too much criti- The problem, critics say, is that without and Connie Chung. They speak, but not for cism of what he believes is basically an in- knowing who besides the employer is paying money. nocuous practice. Roberts says journalists a journalist, the situation isn’t quite that ‘‘I never have done it,’’ Lamb says. ‘‘It have a right to earn as much as they can by clear-cut. sends out one of those messages that’s been speaking, as long as they are careful about Jonathan Salant, president of the Wash- sent out of this town for the last 20 years: appearances and live by high ethical stand- ington chapter of the Society of Professional Everybody does everything for money. When ards. Journalists, cites approvingly a remark by I go out to speak to somebody I want to have ‘‘This whole issue has been terribly over- former Washington Post Executive Editor the freedom to say exactly what I think. I blown by a few cranks,’’ Roberts says. ‘‘As Ben Bradlee in AJR’s March issue: ‘‘If the In- don’t want to have people suspect that I’m long as journalists behave honorably and use surance Institute of America, if there is such there because I’m being paid for it.’’ good sense and don’t take money from people a thing, pays you $10,000 to make a speech, On February 20, according to the printed they cover, I think it’s totally legitimate. In don’t tell me you haven’t been corrupted. program, Philip Morris executives from fact, my own news organization encourages You can say you haven’t and you can say around the world would have a chance to lis- it.’’ you will attack insurance issues in the same ten to Cokie and Steve Roberts at 7 a.m. U.S. News not only encourages it, but its way, but you won’t. You can’t.’’ while enjoying a continental breakfast. public relations staff helps its writers get Salant thinks SPJ should adopt an abso- ‘‘Change in Washington: A Media Perspective speaking engagements. lute ban on speaking fees as it revises its with Cokie and Steve Roberts,’’ was the Roberts says U.S. News has not been in- ethics code. Most critics want some kind of scheduled event at the PGA resort in Palm timidated by the ‘‘cranks,’’ who he believes public disclosure at the very least. Beach during Philip Morris’ three-day invi- are in part motivated by jealousy. ‘‘I think a Says the Wall Street Journal’s Murray, tational golf tournament. few people have appointed themselves the ‘‘You tell me what is the difference between A reporter who sent the program to AJR critics and watchdogs of our profession. I, for somebody who works full time for the Na- thought it odd that Cokie Roberts would one, resent it.’’ tional Association of Realtors and somebody speak for Philip Morris in light of the net- His chief nemesis is Jim Warren, who came who takes $40,000 a year in speaking fees work’s new policy. Even more surprising, he to Washington a year-and-a-half ago to take from Realtor groups. It’s not clear to me thought, was that she would speak to a com- charge of the Chicago Tribune’s bureau. War- there’s a big distinction. I’m not saying that pany that’s suing ABC for libel over a ‘‘Day ren, once the Tribune’s media writer, writes because you take $40,000 a year from Real- One’’ segment that alleged Philip Morris a Sunday column that’s often peppered with tors that you ought to be thrown out of the adds nicotine to cigarettes to keep smokers news flashes about which journalist is speak- profession. But at the very least, you ought addicted. The case is scheduled to go to trial ing where and for how much. The column in- to disclose that.’’ in September. cludes a ‘‘Cokie Watch,’’ named for Steve And so Murray is implementing a disclo- At the last minute, Cokie Roberts was a Roberts’ wife of 28 years, a women Warren sure policy. By the end of the year, the 40 no-show, says one of the organizers. ‘‘Cokie has written reams about but has never met. journalists working in his bureau will be re- was sick or something,’’ says Nancy Schaub ‘‘Jim Warren is a reprehensible individual quired to list outside income in a report that of Event Links, which put on the golf tour- who has attacked me and my wife and other will be available to the pubic. nament for Philip Morris. ‘‘Only Steve Rob- people to advance his own visibility and his ‘‘People are not just cynical about politi- erts came.’’ own reputation,’’ Roberts asserts. ‘‘He’s on a cians,’’ says Murray. ‘‘They are cynical Cokie Roberts won’t talk to AJR about crusade to make his own reputation by tear- about us. Anything we can do to ease that why she changed her plans. Perhaps she got ing down others.’’ cynicism is worth doing.’’ Dick Wald’s message. While Warren may work hard to boost his Sen. Grassley applauds the move. Twice he ‘‘Of course, it’s tempting and it’s nice,’’ bureau’s reputation for Washington cov- has taken to the floor of the Senate to urge Wald says of hefty honoraria. ‘‘Of course, erage, he is best known for his outspoken journalists to disclose what they earn on the they [ABC correspondents] have rights as criticism of fellow journalists. Some report- lecture circuit. private citizens. It’s not an easy road to go S 8492 CONGRESSIONAL RECORD — SENATE June 15, 1995 down. But there are some things you just accompanying papers, reports, and doc- EC–1000. A communication from the Chair- shouldn’t do and that’s one of them.’’ uments, which were referred as indi- man of the National Endowment for the f cated: Arts, transmitting, pursuant to law, the re- port under the Inspector General Act for the EC–987. A communication from the Admin- period October 1, 1994 through March 31, 1995; TRIBUTE TO GEN. JOHN MICHAEL istrator of the Environmental Protection to the Committee on Governmental Affairs. LOH, USAF, ON HIS RETIREMENT Agency, transmitting, pursuant to law, the EC–1001. A communication from the Acting report under the Inspector General Act for Mr. NUNN. Mr. President, today I Director of the Peace Corps, transmitting, the period October 1, 1994 through March 31, want to recognize Gen. John Michael pursuant to law, the report under the Inspec- 1995; to the Committee on Governmental Af- Loh for his 39 years of distinguished tor General Act for the period October 1, 1994 service to our Nation. General Loh has fairs. EC–988. A communication from the Sec- through March 31, 1995; to the Committee on displayed exceptional leadership in a retary of Veterans’ Affairs, transmitting, Governmental Affairs. EC–1002. A communication from the Fed- wide-ranging Air Force career that cul- pursuant to law, the report under the Inspec- eral Trade Commission, transmitting, pursu- minated as commander of the Air Com- tor General Act for the period October 1, 1994 ant to law, the report under the Inspector bat Command. As a Georgian, I am through March 31, 1995; to the Committee on General Act for the period October 1, 1994 Governmental Affairs. proud to note that General Loh is a na- through March 31, 1995; to the Committee on tive of Macon, GA. EC–989. A communication from the Sec- retary of Labor, transmitting, pursuant to Governmental Affairs. General Loh graduated from the U.S. EC–1003. A communication from the Sec- Air Force Academy as a distinguished law, the report under the Inspector General Act for the period October 1, 1994 through retary of the Smithsonian Institution, trans- graduate in 1960. Ultimately, he rose to March 31, 1995; to the Committee on Govern- mitting, pursuant to law, the report under command the 250,000 men and women of mental Affairs. the Inspector General Act for the period Oc- Air Combat Command EC–990. A communication from the Chair- tober 1, 1994 through March 31, 1995; to the General Loh is a highly decorated man of the National Endowment for the Hu- Committee on Governmental Affairs. veteran of the Vietnam war. He flew manities, transmitting, pursuant to law, the EC–1004. A communication from the Ad- over 200 combat missions in the F–4 at report under the Inspector General Act for ministrator of the Small Business Adminis- the period October 1, 1994 through March 31, tration, transmitting, pursuant to law, the Da Nang Air Force Base, South Viet- report under the Inspector General Act for nam. Later, General Loh also served as 1995; to the Committee on Governmental Af- fairs. the period October 1, 1994 through March 31, a test pilot, helping usher in the tech- EC–991. A communication from the Admin- 1995; to the Committee on Governmental Af- nological improvements we see in to- istrator of the U.S. Agency for International fairs. day’s advanced fighters. As the direc- Development, transmitting, pursuant to law, EC–1005. A communication from the Dep- tor of the F–16 System Program Office, the report under the Inspector General Act uty and Acting Chief Executive Officer of the he led the acquisition efforts that for the period October 1, 1994 through March Resolution Trust Corporation and the Chair- brought our country the world’s best 31, 1995; to the Committee on Governmental man of the Thrift Depositor Protection Over- sight Board, transmitting, pursuant to law, multirole fighter. Affairs. EC–992. A communication from the Chair- the report under the Inspector General Act His numerous military awards and for the period October 1, 1994 through March decorations include the Distinguished man and General Counsel of the National Labor Relations Board, transmitting, pursu- 31, 1995; to the Committee on Governmental Service Medal, Legion of Merit with ant to law, the report under the Inspector Affairs. Oak Leaf Cluster, the Distinguished General Act for the period October 1, 1994 EC–1006. A communication from the Chair- Flying Cross, Meritorious Service through March 31, 1995; to the Committee on man of the U.S. International Trade Com- Medal, and the Air Medal with seven Governmental Affairs. mission, transmitting jointly, pursuant to Oak Leaf Clusters. EC–993. A communication from the Admin- law, the report under the Inspector General General Loh has flown over 5,000 istrator of the National Aeronautics and Act for the period October 1, 1994 through hours as a command pilot in the F–16, Space Administration, transmitting, pursu- March 31, 1995; to the Committee on Govern- ant to law, the report under the Inspector mental Affairs. A–7, F–4, and F–104 to mention just a EC–1007. A communication from the Chair- few. He recently capped his career by General Act for the period October 1, 1994 through March 31, 1995; to the Committee on man of the National Science Board, trans- flying our Nation’s most sophisticated Governmental Affairs. mitting, pursuant to law, the report under aircraft—the B–2 bomber. Perhaps his EC–994. A communication from the Public the Inspector General Act for the period Oc- greatest feat, however, was in leading Printer of the Government Printing Office, tober 1, 1994 through March 31, 1995; to the the successful merger of Strategic and transmitting, pursuant to law, the report Committee on Governmental Affairs. Tactical Air Commands into Air Com- under the Inspector General Act for the pe- EC–1008. A communication from the Sec- bat Command. In fact, the Air Force riod October 1, 1994 through March 31, 1995; retary of Commerce, transmitting, pursuant to law, the report under the Inspector Gen- Association awarded him its highest to the Committee on Governmental Affairs. EC–995. A communication from the Sec- eral Act for the period October 1, 1994 military honor, the Hap Arnold Award, retary of the Interior, transmitting, pursu- through March 31, 1995; to the Committee on for his leadership of Air Combat Com- ant to law, the report under the Inspector Governmental Affairs. mand and his national reputation for General Act for the period October 1, 1994 EC–1009. A communication from the Sec- quality improvement. Vice President through March 31, 1995; to the Committee on retary of Health and Human Services, trans- GORE singled out Air Combat Command Governmental Affairs. mitting, pursuant to law, the report under as a shining example of reinventing EC–996. A communication from the Chair- the Inspector General Act for the period Oc- government. man of the Consumer Product Safety Com- tober 1, 1994 through March 31, 1995; to the mission, transmitting, pursuant to law, the Committee on Governmental Affairs. Despite the significant changes in EC–1010. A communication from the Sec- the Air Force and our military struc- report under the Inspector General Act for the period October 1, 1994 through March 31, retary of Education, transmitting, pursuant ture as a whole, General Loh leaves a 1995; to the Committee on Governmental Af- to law, the report under the Inspector Gen- command that performed brilliantly fairs. eral Act for the period October 1, 1994 during and after the gulf war, and more EC–997. A communication from the Chair- through March 31, 1995; to the Committee on recently, has responded quickly and ef- man of the Equal Employment Opportunity Governmental Affairs. fectively to contingency operations Commission, transmitting, pursuant to law, EC–1011. A communication from the Chief around the world. the report under the Inspector General Act Executive Officer of the Corporation for Na- The United States is indebted to Gen- for the period October 1, 1994 through March tional Service, transmitting, pursuant to law, the report under the Inspector General eral Loh for his selfless and distin- 31, 1995; to the Committee on Governmental Affairs. Act for the period October 1, 1994 through guished service. I offer my sincere EC–998. A communication from the Direc- March 31, 1995; to the Committee on Govern- thanks and appreciation for a job well tor of the U.S. Information Agency, trans- mental Affairs. done and wish General Loh and his mitting, pursuant to law, the report under EC–1012. A communication from the Chair- wife, Barbara, continued success in the the Inspector General Act for the period Oc- man of the National Endowment for the Hu- future. tober 1, 1994 through March 31, 1995; to the manities, transmitting, pursuant to law, the Committee on Governmental Affairs. report under the Inspector General Act for f EC–999. A communication from the Chair- the period October 1, 1994 through March 31, EXECUTIVE AND OTHER man of the Interstate Commerce Commis- 1995; to the Committee on Governmental Af- COMMUNICATIONS sion, transmitting, pursuant to law, the re- fairs. port under the Inspector General Act for the EC–1013. A communication from the Attor- The following communications were period October 1, 1994 through March 31, 1995; ney General, transmitting, pursuant to law, laid before the Senate, together with to the Committee on Governmental Affairs. the report under the Inspector General Act June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8493 for the period October 1, 1994 through March INTRODUCTION OF BILLS AND prehensive, high quality health care cov- 31, 1995; to the Committee on Governmental JOINT RESOLUTIONS erage is available through the establishment Affairs. of State-based programs for children and for EC–1014. A communication from the Sec- The following bills and joint resolu- all uninsured pregnant women, and to facili- retary of Energy, transmitting, pursuant to tions were introduced, read the first tate access to health services, strengthen law, the report under the Inspector General and second time by unanimous con- public health functions, enhance health-re- Act for the period October 1, 1994 through sent, and referred as indicated: lated research, and support other activities March 31, 1995; to the Committee on Govern- By Mr. GREGG: that improve the health of mothers and chil- mental Affairs. S. 924. A bill to amend the Internal Reve- dren, and for other purposes; to the Commit- EC–1015. A communication from the Chair- nue Code of 1986 to provide a reduction in the tee on Labor and Human Resources. man of the Federal Maritime Commission, capital gains tax for assets held more than 2 f transmitting, pursuant to law, the report years, to impose a surcharge on short-term under the Inspector General Act for the pe- capital gains, and for other purposes; to the SUBMISSION OF CONCURRENT AND riod October 1, 1994 through March 31, 1995; Committee on Finance. SENATE RESOLUTIONS to the Committee on Governmental Affairs. By Mr. MACK (for himself, Mr. The following concurrent resolutions EC–1016. A communication from the Sec- LIEBERMAN, Mr. GRAMM, Mr. HELMS, retary of Labor, transmitting, pursuant to and Mr. DOLE): and Senate resolutions were read, and law, the report under the Inspector General S. 925. A bill to impose congressional noti- referred (or acted upon), as indicated: Act for the period October 1, 1994 through fication and reporting requirements on any By Mr. DOLE (for himself and Mr. March 31, 1995; to the Committee on Govern- negotiations or other discussions between DASCHLE): mental Affairs. the United States and Cuba with respect to S. Res. 134. A resolution expressing the EC–1017. A communication from the Chair- normalization of relations; to the Committee Senate’s gratitude to Sheila P. Burke for her man of the Board of Governors of the Federal on Foreign Relations. service as Secretary of the Senate; consid- Reserve System, transmitting, pursuant to By Mr. BRYAN: ered and agreed to. law, the report under the Inspector General S. 926. A bill to improve the interstate en- S. Res. 135. A resolution to authorize pro- Act for the period October 1, 1994 through forcement of child support and parentage duction of documents, testimony by a former March 31, 1995; to the Committee on Govern- court orders, and for other purposes; to the Senate employee and representation by Sen- mental Affairs. Committee on Finance. ate Legal Counsel; considered and agreed to. EC–1018. A communication from the Ad- By Mr. HELMS: f ministrator of the General Services Adminis- S. 927. A bill to provide for the liquidation tration, transmitting, pursuant to law, the or reliquidation of a certain entry of warp STATEMENTS ON INTRODUCED report under the Inspector General Act for knitting machines as free of certain duties; BILLS AND JOINT RESOLUTIONS the period October 1, 1994 through March 31, to the Committee on Finance. 1995; to the Committee on Governmental Af- By Mr. INHOFE (for himself, Mr. By Mr. GREGG: fairs. BURNS, and Mrs. KASSEBAUM): S. 924. A bill to amend the Internal S. 928. A bill to enhance the safety of air EC–1019. A communication from the Chair- Revenue Code of 1986 to provide a re- travel through a more effective Federal man of the National Credit Union Adminis- duction in the capital gains tax for as- Aviation Administration, and for other pur- tration, transmitting, pursuant to law, the sets held more than 2 years, to impose poses; to the Committee on Commerce, report under the Inspector General Act for Science, and Transportation. a surcharge on short-term capital the period October 1, 1994 through March 31, By Mr. ABRAHAM (for himself, Mr. gains, and for other purposes; to the 1995; to the Committee on Governmental Af- DOLE, Mr. FAIRCLOTH, Mr. NICKLES, Committee on Finance. fairs. Mr. GRAMM, and Mr. BROWN): THE LONG-TERM INVESTMENT INCENTIVE ACT OF EC–1020. A communication from the Chair- S. 929. A bill to abolish the Department of 1995 man of the Securities and Exchange Com- Commerce; to the Committee on Govern- ∑Mr. GREGG. Mr. President, I intro- mission, transmitting, pursuant to law, the mental Affairs. report under the Inspector General Act for duce a bill that will have a significant By Mr. SHELBY (for himself, Mr. LOTT, the period October 1, 1994 through March 31, impact on the promotion of long-term Mr. BROWN, Mr. FAIRCLOTH, Mr. 1995; to the Committee on Governmental Af- GRASSLEY, Mr. INHOFE, Mr. MACK, Mr. investment through a reduction in the fairs. MCCONNELL, and Mr. SIMPSON): capital gains tax. I believe the Con- EC–1021. A communication from the Chair- S. 930. A bill to require States receiving gress has a responsibility to enact laws man of the Board of Directors of the prison construction grants to implement re- promoting long-term capital invest- Canal Commission, transmitting, pursuant quirements for inmates to perform work and ment and savings by all Americans. to law, the report under the Inspector Gen- engage in educational activities, and for eral Act for the period October 1, 1994 Part of fulfilling this obligation must other purposes; to the Committee on the Ju- include implementing a plan that through March 31, 1995; to the Committee on diciary. Governmental Affairs. By Mr. PRESSLER (for himself, Mr. would reduce the current capital gains EC–1022. A communication from the Chair- DASCHLE, Mr. GRASSLEY, Mr. HARKIN, tax rate on long-term investments. man of the Federal Election Commission, and Mr. WELLSTONE): We must also, however, balance this transmitting, pursuant to law, the report S. 931. A bill to authorize the construction important economic goal against the under the Government in the Sunshine Act of the Lewis and Clark Rural Water System moral issue of adding increasing debt for calendar year 1994; to the Committee on and to authorize assistance to the Lewis And onto our children’s shoulders. This be- Governmental Affairs. Clark Rural Water System, Inc., a nonprofit comes an unavoidable issue in the cap- EC–1023. A communication from the Ad- corporation, for the planning and construc- ital gains debate because the Joint ministrator of the Office of Independent tion of the water supply system, and for Counsel, transmitting, pursuant to law, the other purposes; to the Committee on Energy Committee on Taxation scores capital report on audit and investigative activities; and Natural Resources. gains a big revenue loser. This scoring to the Committee on Governmental Affairs. By Mr. JEFFORDS (for himself, Mr. issue is an unfortunate fact that we in KENNEDY, Mr. CHAFEE, Mr. AKAKA, Congress cannot ignore. f Mr. BINGAMAN, Mrs. BOXER, Mr. Accordingly, I have developed legis- EXECUTIVE REPORTS OF BRADLEY, Mr. DODD, Mr. FEINGOLD, lation that would encourage long-term Mrs. FEINSTEIN, Mr. GLENN, Mr. HAR- COMMITTEES investment by amending the current KIN, Mr. INOUYE, Mr. KERREY, Mr. capital gains tax using a sliding scale KERRY, Mr. KOHL, Mr. LAUTENBERG, The following executive reports of plan. My bill encourages an individual committees were submitted: Mr. LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Ms. MIKULSKI, Ms. to hold an asset over a number of By Mr. THURMOND, from the Committee MOSELEY-BRAUN, Mr. MOYNIHAN, Mrs. years, thus, allowing a greater tax re- on Armed Services: MURRAY, Mr. PACKWOOD, Mr. PELL, duction on investments, with the maxi- John P. White, of Massachusetts, to be Mr. ROBB, Mr. SARBANES, Mr. SIMON, mum benefit being reached after 4 Deputy Secretary of Defense. and Mr. WELLSTONE): years. It would reward individuals who (The above nomination was reported S. 932. A bill to prohibit employment dis- look toward contributing to a savings with the recommendation that he be crimination on the basis of sexual orienta- plan over a number of years, while at tion; to the Committee on Labor and Human confirmed, subject to the nominee’s Resources. the same time making quick fix invest- commitment to respond to requests to By Mr. SIMON: ments less attractive. This sliding appear and testify before any duly con- S. 933. A bill to amend the Public Health scale plan would encourage invest- stituted committee of the Senate.) Service Act to ensure that affordable, com- ments that benefit long-term savings, S 8494 CONGRESSIONAL RECORD — SENATE June 15, 1995 such as a child’s education, an individ- than 2 years but not more than 3 years were ‘‘(B) TREATMENT OF CAPITAL GAIN DIVIDENDS ual’s retirement, or other taken into account, or BY SHAREHOLDERS.—A capital gain dividend nonspeculative holdings. ‘‘(B) the net capital gain, reduced by the shall be treated by the shareholders as gain The theory behind the sliding scale qualified 4-year capital gain and qualified 3- from the sale or exchange of a capital asset year capital gain. held for more than 1 year but not more than reduction on capital gains hinges upon ‘‘(c) ESTATES AND TRUSTS.—In the case of 2 years; except that— an agreed goal: the promotion of sav- an estate or trust, the deduction under sub- ‘‘(i) the portion of any such dividend des- ings and long-term investment through section (a) shall be computed by excluding ignated by the company as allocable to a capital gains cut, while recognizing the portion (if any) of the gains for the tax- qualified 4-year capital gain of the company our current fiscal realities. The Joint able year from sales or exchanges of capital shall be treated as gain from the sale or ex- Committee on Taxation estimates this assets which, under sections 652 and 662 (re- change of a capital asset held for more than plan would lose just $7.4 billion in reve- lating to inclusions of amounts in gross in- 4 years, come of beneficiaries of trusts), is includible ‘‘(ii) the portion of any such dividend des- nue over the 1995–2000 period. by the income beneficiaries as gain derived ignated by the company as allocable to Mr. President, I ask unanimous con- from the sale or exchange of capital assets. qualified 3-year capital gain of the company sent that the text of the bill be printed ‘‘(d) COORDINATION WITH TREATMENT OF shall be treated as gain from the sale or ex- in the RECORD. CAPITAL GAIN UNDER LIMITATION ON INVEST- change of a capital asset held for more than There being no objection, the bill was MENT INTEREST.—For purposes of this sec- 3 years but not more than 4 years, and ordered to be printed in the RECORD, as tion, the net capital gain for any taxable ‘‘(iii) the portion of any such dividend des- follows: year shall be reduced (but not below zero) by ignated by the company as allocable to the amount which the taxpayer takes into qualified 2-year capital gain of the company S. 924 account as investment income under section shall be treated as gain from the sale or ex- Be it enacted by the Senate and House of Rep- 163(d)(4)(B)(iii). change of a capital asset held for more than resentatives of the United States of America in ‘‘(e) TREATMENT OF COLLECTIBLES.— 2 years but not more than 3 years. Congress assembled, ‘‘(1) IN GENERAL.—Solely for purposes of Rules similar to the rules of subparagraph SECTION 1. SHORT TITLE; AMENDMENT OF 1986 this section, any gain or loss from the sale or (C) shall apply to any designation under CODE. exchange of a collectible shall be treated as clause (i), (ii), or (iii).’’ (a) SHORT TITLE.—This Act may be cited as a short-term capital gain or loss (as the case (B) Clause (i) of section 852(b)(3)(D) is the ‘‘Long-Term Investment Incentive Act of may be), without regard to the period such amended by adding at the end the following 1995’’. asset was held. The preceding sentence shall new sentence: ‘‘Rules similar to the rules of (b) AMENDMENT OF 1986 CODE.—Except as apply only to the extent the gain or loss is subparagraph (B) shall apply in determining otherwise expressly provided, whenever in taken into account in computing taxable in- character of the amount to be so included by this Act an amendment or repeal is ex- come. any such shareholder.’’ pressed in terms of an amendment to, or re- ‘‘(2) TREATMENT OF CERTAIN SALES OF IN- (2) CAPITAL GAIN DIVIDENDS OF REAL ESTATE peal of, a section or other provision, the ref- TEREST IN PARTNERSHIP, ETC.—For purposes INVESTMENT TRUSTS.—Subparagraph (B) of erence shall be considered to be made to a of paragraph (1), any gain from the sale or section or other provision of the Internal section 857(b)(3) is amended to read as fol- exchange of an interest in a partnership, S lows: Revenue Code of 1986. corporation, or trust which is attributable to ‘‘(B) TREATMENT OF CAPITAL GAIN DIVIDENDS SEC. 2. REDUCTION OF TAX ON LONG-TERM CAP- unrealized appreciation in the value of col- BY SHAREHOLDERS.—A capital gain dividend ITAL GAINS ON ASSETS HELD MORE lectibles held by such entity shall be treated THAN 2 YEARS. shall be treated by the shareholders or hold- as gain from the sale or exchange of a col- ers of beneficial interests as gain from the (a) IN GENERAL.—Part I of subchapter P of lectible. Rules similar to the rules of section sale or exchange of a capital asset held for chapter 1 (relating to treatment of capital 751(f) shall apply for purposes of the preced- gains) is amended by redesignating section more than 1 year but not more than 2 years; ing sentence. except that— 1202 as section 1203 and by inserting after ‘‘(3) COLLECTIBLE.—For purposes of this section 1201 the following new section: ‘‘(i) the portion of any such dividend des- subsection, the term ‘collectible’ means any ignated by the real estate investment trust ‘‘SEC. 1202. CAPITAL GAINS DEDUCTION FOR AS- capital asset which is a collectible (as de- as allocable to qualified 4-year capital gain SETS HELD BY NONCORPORATE TAX- fined in section 408(m) without regard to PAYERS MORE THAN 2 YEARS. of the trust shall be treated as gain from the paragraph (3) thereof). sale or exchange of a capital asset held for ‘‘(a) GENERAL RULE.—If a taxpayer other ‘‘(f) TRANSITIONAL RULE.— more than 4 years, than a corporation has a net capital gain for ‘‘(1) IN GENERAL.—Gain may be taken into any taxable year, there shall be allowed as a ‘‘(ii) the portion of any such dividend des- account under subsection (b)(1)(A), (b)(2)(A), ignated by the trust as allocable to qualified deduction an amount equal to the sum of— or (b)(3)(A) only if such gain is properly ‘‘(1) 20 percent of the qualified 4-year cap- 3-year capital gain of the trust shall be taken into account on or after July 1, 1995. treated as gain from the sale or exchange of ital gain, ‘‘(2) SPECIAL RULES FOR PASS-THRU ENTI- a capital asset held for more than 3 years but ‘‘(2) 10 percent of the qualified 3-year cap- TIES.— not more than 4 years, and ital gain, plus ‘‘(A) IN GENERAL.—In applying paragraph ‘‘(iii) the portion of any such dividend des- ‘‘(3) 5 percent of the qualified 2-year cap- (1) with respect to any pass-thru entity, the ignated by the trust as allocable to qualified ital gain. determination of when gains and losses are 2-year capital gain of the trust shall be ‘‘(b) DEFINITIONS.—For purposes of this properly taken into account shall be made at treated as gain from the sale or exchange of title— the entity level. a capital asset held for more than 2 years but ‘‘(1) QUALIFIED 4-YEAR CAPITAL GAIN.—The ‘‘(B) PASS-THRU ENTITY DEFINED.—For pur- not more than 3 years. term ‘qualified 4-year capital gain’ means poses of subparagraph (A), the term ‘pass- Rules similar to the rules of subparagraph the lesser of— thru entity’ means— (C) shall apply to any designation under ‘‘(A) the amount of long-term capital gain ‘‘(i) a regulated investment company, clause (i) or (ii).’’ which would be computed for the taxable ‘‘(ii) a real estate investment trust, year if only gain from the sale or exchange ‘‘(iii) an S corporation, (3) COMMON TRUST FUNDS.—Subsection (c) of property held by the taxpayer for more ‘‘(iv) a partnership, of section 584 is amended— than 4 years were taken into account, or ‘‘(v) an estate or trust, and (A) by inserting ‘‘and not more than 2 ‘‘(B) the net capital gain. ‘‘(vi) a common trust fund.’’ years’’ after ‘‘1 year’’ each place it appears ‘‘(2) QUALIFIED 3-YEAR CAPITAL GAIN.—The (b) DEDUCTION ALLOWABLE IN COMPUTING in paragraph (2), term ‘qualified 3-year capital gain’ means ADJUSTED GROSS INCOME.—Subsection (a) of (B) by striking ‘‘and’’ at the end of para- the lesser of— section 62 is amended by inserting after graph (2), and ‘‘(A) the amount of long-term capital gain paragraph (15) the following new paragraph: (C) by redesignating paragraph (3) as para- which would be computed for the taxable ‘‘(16) LONG-TERM CAPITAL GAINS.—The de- graph (6) and inserting after paragraph (2) year if only gain from the sale or exchange duction allowed by section 1202.’’ the following new paragraphs: of property held by the taxpayer for more (c) MAXIMUM CAPITAL GAINS RATE.—Clause ‘‘(3) as part of its gains from sales or ex- than 3 years but not more than 4 years were (i) of section 1(h)(1)(A), as amended by sec- changes of capital assets held for more than taken into account, or tion 3(a), is amended by striking ‘‘the net 2 years but less than 3 years, its propor- ‘‘(B) the net capital gain, reduced by the capital gain’’ and inserting ‘‘the excess of tionate share of the gains of the common qualified 4-year capital gain. the net capital gain over the deduction al- trust fund from sales or exchanges of capital ‘‘(3) QUALIFIED 2-YEAR CAPITAL GAIN.—The lowed under section 1202’’. assets held for more than 2 years but not term ‘qualified 2-year capital gain’ means (d) TREATMENT OF CERTAIN PASS-THRU EN- more than 3 years, the lesser of— TITIES.— ‘‘(4) as part of its gains from sales or ex- ‘‘(A) the amount of long-term capital gain (1) CAPITAL GAIN DIVIDENDS OF REGULATED changes of capital assets held for more than which would be computed for the taxable INVESTMENT COMPANIES.— 3 years but less than 4 years, its propor- year if only gain from the sale or exchange (A) Subparagraph (B) of section 852(b)(3) is tionate share of the gains of the common of property held by the taxpayer for more amended to read as follows: trust fund from sales or exchanges of capital June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8495

assets held for more than 3 years but less made by this section shall apply to taxable (b) EFFECTIVE DATE.—The amendment than 4 years, years ending after June 30, 1995. made by this section shall apply to taxable ‘‘(5) as part of its gains from sales or ex- (2) CONTRIBUTIONS.—The amendment made years ending after June 30, 1995.∑ changes of capital assets held more than 4 by subsection (e)(1) shall apply to contribu- years, its proportionate share of the gains of tions on or after July 1, 1995. By Mr. MACK (for himself, Mr. the common trust fund from sales or ex- SEC. 3. SURCHARGE ON CAPITAL GAINS ON AS- LIEBERMAN, Mr. GRAMM, Mr. changes of capital assets held for more than SETS HELD 1 YEAR OR LESS. HELMS, and Mr. DOLE): 4 years, and’’. S. 925. A bill to impose congressional (e) TECHNICAL AND CONFORMING CHANGES.— (a) IN GENERAL.—Subsection (h) of section (1) Subparagraph (B) of section 170(e)(1) is 1 (relating to maximum capital gains rate) is notification and reporting require- amended by inserting ‘‘(or, in the case of a amended to read as follows: ments on any negotiations or other dis- taxpayer other than a corporation, the per- ‘‘(h) MAXIMUM CAPITAL GAINS TAXES.— cussions between the United States and centage of such gain equal to 100 percent ‘‘(1) IN GENERAL.—If a taxpayer has a net Cuba with respect to normalization of minus the percentage applicable to such gain capital gain for any taxable year, then the relations; to the Committee on Foreign under section 1202(a))’’ after ‘‘the amount of tax imposed by this section shall not exceed Relations. gain’’. the sum of— (2) Subparagraph (B) of section 172(d)(2) is ‘‘(A) a tax computed at the rates and in the CUBA LEGISLATION amended to read as follows: same manner as if this subsection had not Mr. MACK. Mr. President, on May 2, ‘‘(B) the deduction under section 1202 and been enacted on the greater of— the Clinton administration reversed 30 the exclusion under section 1203 shall not be ‘‘(i) taxable income reduced by the amount years of United States policy by agree- allowed.’’ of net capital gain, or ing with Fidel Castro that future refu- (3)(A) Section 220 (relating to cross ref- ‘‘(ii) the amount of taxable income taxed gees would be picked up by United erence) is amended to read as follows: at a rate below 28 percent, plus States forces and returned to Cuba. ‘‘SEC. 220. CROSS REFERENCES. ‘‘(B) a tax of 28 percent of the amount of ‘‘(1) For deduction for net capital gains in taxable income in excess of the amount de- The administration portrays its deci- the case of a taxpayer other than a corpora- termined under subparagraph (A). sion as an immigration control meas- tion, see section 1202. For purposes of the preceding sentence, the ure reached in secret for the good of ‘‘(2) For deductions in respect of a dece- net capital gain for any taxable year shall be misguided Cubans who might set out dent, see section 691.’’ reduced (but not below zero) by the amount on rafts and inner tubes to reach the (B) The table of sections for part VII of which the taxpayer elects to take into ac- United States before the doors subchapter B of chapter 1 is amended by count as investment income for the taxable striking ‘‘reference’’ in the item relating to slammed shut. Apparently, it was nec- year under section 163(d)(4)(B)(iii). section 220 and inserting ‘‘references’’. essary to keep senior United States of- (4) The last sentence of section 453A(c)(3) is ‘‘(2) SURCHARGE ON NET SHORT-TERM CAP- ficials responsible for Cuba policy in amended by striking all that follows ‘‘long- ITAL GAIN.— the dark as well. The Clinton adminis- term capital gain,’’ and inserting ‘‘the maxi- ‘‘(A) IN GENERAL.—If a taxpayer has a net tration has not satisfactorily explained mum rate on net capital gain under section short-term capital gain for any taxable year, its motives and objectives in reaching 1(h) or 1201 or the deduction under section the tax imposed by this section (without re- gard to this paragraph) shall be increased by this agreement with the Castro regime. 1202 (whichever is appropriate) shall be taken Therefore, I am introducing this bill into account.’’ an amount equal to the sum of— (5) Paragraph (4) of section 642(c) is amend- ‘‘(i) 5.6 percent of the taxpayer’s 6-month which would deny funds for negotia- ed to read as follows: short-term capital gain, plus tions or other contacts related to nor- ‘‘(4) ADJUSTMENTS.—To the extent that the ‘‘(ii) 2.8 percent of the taxpayer’s 12-month malization with the Castro regime un- amount otherwise allowable as a deduction short-term capital gain. less the administration has notified under this subsection consists of gain from ‘‘(B) MAXIMUM RATE.— Congress 15 days in advance. the sale or exchange of capital assets held ‘‘(i) IN GENERAL.—Subparagraph (A) shall This measure is not intended to not be applied to the extent it would result for more than 1 year, proper adjustment interfere with the administration’s shall be made for any deduction allowable to in— the estate or trust under section 1202 or any ‘‘(I) 6-month short-term capital gain being ability to conduct diplomacy. It simply exclusion allowable to the estate or trust taxed at a rate greater than 33.6 percent, or requires that if and when President under section 1203(a). In the case of a trust, ‘‘(II) 12-month short-term capital gain Clinton decides to abandon the center- the deduction allowed by this subsection being taxed at a rate greater than 30.8 per- piece of the United States’ historic pol- shall be subject to section 681 (relating to cent. icy toward the Castro dictatorship, he unrelated business income).’’ ‘‘(ii) ORDERING RULE.—For purposes of does so in an open and public way. (6) The last sentence of paragraph (3) of clause (i), the rate or rates at which 6-month For 36 years, Fidel Castro has terror- section 643(a) is amended to read as follows: or 12-month short-term capital gain is being ized Cuba’s people, destroyed its econ- ‘‘The deduction under section 1202 and the taxed shall be determined as if— exclusion under section 1203 shall not be ‘‘(I) such gain were taxed after all other omy, and used it as a base for subver- taken into account.’’ taxable income, and sion. I could never have imagined cir- (7) Subparagraph (C) of section 643(a)(6) is ‘‘(II) 12-month short-term capital gain cumstances under which the United amended by inserting ‘‘(i)’’ before ‘‘there were taxed after 6-month short-term capital States would treat Castro’s Cuba like shall’’ and by inserting before the period ‘‘, gain. just another negotiating partner. But and (ii) the deduction under section 1202 (re- ‘‘(C) DEFINITIONS.—For purposes of this last month, that’s just what the Clin- lating to capital gains deduction) shall not paragraph— ton administration did when it cut a be taken into account’’. ‘‘(i) 6-MONTH SHORT-TERM CAPITAL GAIN.— deal reversing 30 years of United States (8) Paragraph (4) of section 691(c) is amend- The term ‘6-month short-term capital gain’ ed by striking ‘‘sections 1(h), 1201, and 1211’’ means the lesser of— policy on welcoming refugees from Cas- and inserting ‘‘sections 1(h), 1201, 1202, and ‘‘(I) the amount of short-term capital gain tro’s Cuba. 1211’’. which would be computed for the taxable I will not dignify what the adminis- (9) The second sentence of section 871(a)(2) year if only gain from the sale or exchange tration did by calling it ‘‘secret diplo- is amended by inserting ‘‘or 1203’’ after of property held by the taxpayer for 6 macy.’’ It was a craven exercise. As ‘‘1202’’. months or less were taken into account, or A.M. Rosenthal wrote in the New York (10) Subsection (d) of section 1044 is amend- ‘‘(II) net short-term capital gain. Times, the Clinton administration ‘‘got ed by striking ‘‘1202’’ and inserting ‘‘1203’’. ‘‘(ii) 12-MONTH SHORT-TERM CAPITAL GAIN.— a contemptuous zero from Castro for (11) Paragraph (1) of section 1402(i) is The term ‘12-month short-term capital gain’ amended by inserting ‘‘, and the deduction means the lesser of— breaking its promises, not even the re- provided by section 1202 shall not apply’’ be- ‘‘(I) the amount of short-term capital gain lease of some political prisoners, not fore the period at the end thereof. which would be computed for the taxable the grant of a single civil liberty.’’ (f) CLERICAL AMENDMENT.—The table of year if only gain from the sale or exchange At a briefing on Capitol Hill the day sections for part I of subchapter P of chapter of property held by the taxpayer for more the policy U-turn was announced, a 1 is amended by inserting after the item re- than 6 months but not more than 12 months Clinton administration official was lating to section 1201 the following new item: were taken into account, or asked whether, under the terms of a ‘‘Sec. 1202. Capital gains deduction for assets ‘‘(II) net short-term capital gain, reduced deal between the United States and held by noncorporate taxpayers by 6-month short-term capital gain. more than 2 years.’’ For purposes of clause (i)(I) or (ii)(I), gain Cuba on interdiction and repatriation (g) EFFECTIVE DATE.— may be taken into account only if such gain of refugees, the Castro regime had (1) IN GENERAL.—Except as otherwise pro- is properly taken into account on or after pledged to repeal the Cuban law that vided in this subsection, the amendments July 1, 1995. makes it a crime to leave Cuba without S 8496 CONGRESSIONAL RECORD — SENATE June 15, 1995 permission. The official didn’t know. heartening when these young mothers being made to require absent deadbeat Then the official was asked how we can are themselves mere children. But too parents meet their financial respon- be sure the Castro regime won’t use the often in the past, our public policies sibilities to those same children. Pub- law to retaliate against returned have focused on the mother and ig- lic assistance should not be the escape rafters. ‘‘Prosecutorial discretion,’’ re- nored the responsibility of the father. valve relied upon by those parents who plied the official. Those fathers, who many times have want to walk away from their children. In a nutshell, that anecdote illus- already walked away before their chil- No one who shares the responsibility trates the mindset of the Clinton ad- dren are even born, must face the re- for bringing children into this world ministration. Administration offi- ality of their parental and financial re- should later be allowed to shirk that cials—some of them anyway—cannot sponsibilities. responsibility by refusing to admit pa- distinguish between the Castro regime During the past 2 months, I have vis- ternity or failing to pay child support. and governments based on the rule of ited child support enforcement offices The legislation I am introducing today law. This is why many of my col- in Las Vegas and Reno, NV. These vis- adds to the arsenal available to those leagues and I are so deeply disturbed its included both the State welfare di- trying to enforce child support. by recent overtures to Castro. We don’t vision and the district attorney child In April, I visited with eligibility know where they will stop. We have no support enforcement offices. It was an workers in a local Las Vegas welfare reason to believe that the administra- eye-opening experience. office. I was incredulous when I learned tion won’t continue to make conces- I was overwhelmed by the thousands many Federal welfare assistance pro- sions at the expense of the Cuban peo- of case files stacked throughout these grams do not require recipients to par- ple. My colleagues and I are introduc- offices. Employees in these offices are ticipate in State and Federal child sup- ing this bill to let the administration literally surrounded by files. They are port enforcement efforts. In fact, only know that the friends of the Cuban joined by scores of investigators and Aid to Families with Dependent Chil- people in the United States Congress attorneys who work ceaselessly to en- dren or AFDC, and Medicaid currently will not stand by and let this adminis- sure as many deadbeat parents as pos- require their recipients cooperate with tration engage in anything but a sible are found, and legally persuaded child support enforcement efforts. For example, if a parent with chil- strong policy of support for democracy to fulfill their financial responsibil- dren receives food stamps, there is no and freedom in Cuba. ities. Although Nevada is the fastest grow- requirement, as a condition of receiv- By Mr. BRYAN: ing State in the Nation, it is a com- ing that assistance, that the parent co- S. 926. A bill to improve the inter- paratively small State with about 1.6 operate with child support enforcement state enforcement of child support and million people. Yet its State Child Sup- agencies to collect any child support parentage court orders, and for other port Enforcement Program had 66,385 payments to which he or she is enti- purposes; to the Committee on Fi- cases in fiscal year 1994. The program tled. Under my legislation, all welfare nance. was able to collect $62.7 million. The assistance programs receiving Federal funds will require all recipients to co- THE CHILD SUPPORT ENFORCEMENT ACT unfortunate fact, however, is that the operate with efforts to collect child Mr. BRYAN. Mr. President, today I total owed was almost $352 million, support benefits as a condition of re- am introducing my Child Support En- leaving an uncollected balance of al- forcement Act legislation from the last ceiving benefits. most $290 million. In April of this year, Second, this legislation authorizes Congress to help further strengthen Nevada’s caseload has already grown to State and Federal Governments to our efforts to get deadbeat parents to over 69,000 cases. deny delinquent parents an array of responsibly provide for their children. These cases represent only those benefits. A delinquent parent can be Congress has recently taken many children whose families are receiving denied an occupational, professional, positive steps to increase the effective- aid to families with dependent chil- or business license, a Federal loan or ness of child support enforcement laws. dren, or who are using the services of guarantee, and could even have his or In the 102d Congress, we were success- the county district attorney offices to her passport revoked if the threat of ful in enacting legislation, which I enforce child support. The many Ne- fleeing the country was likely. The sponsored in the Senate, to require vadans using private attorneys are not goal is not to drive those who want to credit bureaus to indicate on an indi- included. meet their obligations away, but rath- vidual’s credit file when he or she is de- The facts are simple. Nationally, one er to make sure those ignoring their linquent in child support payments. in four children live in a single-parent children understand society will not This has provided a strong incentive household. But one of the most star- tolerate that irresponsible behavior. for parents to stay current in their tling statistics is that only half of These provisions should be particu- payments. these single parents have sought and larly effective in dealing with delin- The 103d Congress enacted laws to obtained child support orders. quent parents who are self-employed, make deadbeat parents who fail to pay This means 50 percent of these single and who are not covered by the manda- child support ineligible for small busi- mothers either have been unable to tory employer child support payment ness loans; to designate child support track down the father, have not pur- withholding. payments as priority debts when an in- sued support, or are unaware of their The bill also builds on our past ef- dividual files for bankruptcy; to legal child support enforcement rights. forts of using the credit reporting sys- strengthen State paternity establish- Of the parents who have sought out tem. It permits State agencies to ob- ment procedures and to require health and obtained child support, only half tain credit files in order to track down insurers to carry out orders for medical receive the full amount to which they delinquent parents, or to help deter- child support; and to restrict a State are entitled. mine the appropriate amount of child court’s ability to modify a child sup- Let me make this clear—50 percent of support payment. port order issued by another State. single mothers do not even have child The bill also improves the interstate As part of much needed welfare re- support orders, and of the 50 percent enforcement process by establishing a form, we must include improvements that do, only half of them are getting jurisdictional basis for State court rec- to the child support enforcement sys- what their children are entitled to re- ognition of child support orders of tem. I will introduce portions of this ceive. Thus 25 percent of the single par- other States. The problems associated bill as an amendment when welfare re- ents who have child support orders ac- with collecting child support are mag- form is debated in the Senate, which I tually receive nothing at all. nified when parents live in different hope will be done before July 4. We These facts should concern us. It is States. Part of the difficulty stems need to find as many ways as possible all too true that many single parents from differences in State laws, policies, to find delinquent parents, and hold must seek public welfare assistance in and procedures. them to their responsibilities. order to be able to support their chil- I have heard numerous cases of frus- We all lament the increasing number dren. When we taxpayers are asked to trating experiences in attempting to of unwed teenage girls who have chil- lend a helping hand to these children, serve process on out-of-State delin- dren. This situation is particularly dis- we should be assured every effort is quent parents, and in getting certain June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8497 evidence obtained in one State admit- By Mr. INHOFE (for himself, Mr. tempted to do this back 20 years ago, ted at a hearing in another State. One BURNS and Mrs. KASSEBAUM): what he said then is true today and we in three children support orders in- S. 928. A bill to enhance the safety of need to do it. volve parents in different States. On air travel through a more effective A careful analysis of these proposals average, it takes 1 year to locate an ab- Federal Aviation Administration, and that have been made in order to sent parent, and 2 years to establish a for other purposes; to the Committee corporatize or privatize shows that court order if the parent has deserted a on Commerce, Science, and Transpor- they really do not work and there is a family. tation. lack of understanding. Finally, the bill makes it more dif- THE FEDERAL AVIATION ADMINISTRATION Mr. President, there has been an ef- ficult for parents to hide assets in an REFORM ACT OF 1995 fort by the administration to privatize attempt to avoid paying their fair Mr. INHOFE. Mr. President, today I or corporatize the FAA. I think that share of child support. A difficult prob- will be introducing a major piece of while I do believe in privatizing, it is lem to resolve is when a delinquent legislation with Senator KASSEBAUM not appropriate in this case. parent transfers property to a friend or and Senator BURNS. People who use the system oppose relative for little compensation to As a frequent user of the air traffic the privatization of the FAA. After avoid child support payments. Under control system, I have a very real working with users of the system, I am this bill, States would be allowed to stake in addressing the persistent prob- pleased to announce that we have been void conveyances of property made to lems which have plagued the FAA for able to come up with a workable solu- avoid paying child support. many years. Former Senator Barry tion. Along with Senators CONRAD We must give our courts and law en- Goldwater accurately described way BURNS and NANCY KASSEBAUM, I am in- forcement agencies the tools they need back in 1975 the current FAA short- troducing legislation to reform the to crack down on delinquent parents. comings when he introduced a bill to Federal Aviation Administration. We must assure taxpayers who lend the reestablish the FAA as an independent Our bill is similar to a bill introduced helping hand to impoverished single agency. in the House by my good friend from mothers and their children that every Senator Goldwater noted, and this Iowa, Representative JIM LIGHTFOOT, effort is being made to get the dead- was back in 1975, 20 years ago: and also Representative JOHN DUNCAN. beat parents to pay up. We must ensure In 1967, when the then new Department of This bill provides dramatic yet realis- the children receive adequate and con- Transportation was created, the Federal tic reform that will resolve the prob- sistent child support, so they are able Aviation Agency was terminated and its lems that were identified by Senator to have the opportunity to become suc- powers and functions were transferred to and Goldwater in 1975 and continue today cessful, productive and healthy adults. vested in the Secretary of DOT. The pre- to plague the FAA. I believe my legislation will move us viously independent Federal Aviation Agen- It will restore the Federal Aviation a long way on the path to meet those cy was in effect converted to a new bureau within the Department of Transportation, Administration to an independent goals. I request my colleagues to join agency status. This will ensure that with me in this effort to make this law named the Federal Aviation Administration. The Administrator of this ‘‘bureau’’ reports the agency is able to manage and regu- before the end of the year. The children to and is subject to the control of the Sec- late the safety of the air traffic control deserve no less. retary of Transportation. system without the second-guessing or By Mr. HELMS: Barry Goldwater went on to say, 20 interference by the politically ap- S. 927. A bill to provide for the liq- years ago: pointed Department of Transportation uidation or reliquidation of a certain There is extensive evidence to show that officials and staff. entry of warp knitting machines as subsequent to this transformation, there has Our approach represents a reform free of certain duties; to the Commit- been undue interference on the part of the from within Government. It offers a tee on Finance. Department of Transportation in the inter- more prudent and realistic approach to nal affairs of the Federal Aviation Adminis- DUTY LEGISLATION the FAA reform than the extremely tration, so much so that the FAA’s procure- risky alternative of privatizing or Mr. HELMS. Mr. President, I send to ment process has been slowed down to an av- corporatizing the air traffic control the desk, for appropriate referral, a bill erage time period of 11⁄2 years or more— system. on behalf of D&S International of Bur- I understand it is more than that lington, NC, which imported from Ger- As a former mayor of a major metro- today, but I am quoting from 20 years politan area, I know something about many, four warp knitting machines at ago. a duty-free rate which D&S then sold privatizing. I have been a fan of resulting in the cancellation of many pro- to a Venezuelan company, which de- privatizing for a long time. In fact, I curement projects or unnecessary losses in privatized everything I could when I cided not to keep the machines and re- the millions of dollars to companies in- turned them to D&S. volved. It is important to note, too, that was mayor of the city of Tulsa, OK, Upon reentry, the Customs Service aviation users, who pay much of the money many years ago. mistakenly classified the machines which goes into the Airport and Airway One of the systems that has been first as a reentry of United States Trust Fund, have no effective participation emulated today by cities all over goods, instead of a German, then in the development of FAA finance plans so America was the privatization of the misclassified them at a duty rate of 4.4 long as it is under the Department. trash system. A refuge or trash system percent. These words that were stated on the is not a sensitive system like air traffic D&S contacted Customs to protest floor of the Senate by Senator Barry control. the duty assessment. However, Cus- Goldwater 20 years ago are just as true As a believer in the ability of the pri- toms ruled that the D&S memorandum today as they were then. Unfortu- vate sector to generally do a better job did not qualify as a formal protest be- nately, the Senate failed to pass the of managing than Government, I be- cause D&S did not file form 19. Amaz- Goldwater bill. The problems Senator lieve that there are some inherently ingly, no right of appeal exists within Goldwater identified in 1975 are yet to governmental functions. Oversight of Customs on such rulings if a company be resolved. our air traffic control system is one. misses the deadline for protesting. D&S As a pilot, I have found holding town The safety implications are too great would have to spend a lot of money hall meetings in small towns and air- to allow a management team that has going to court to try to rectify the ports is an effective way of commu- to worry about the bottom line to mistake. nicating with people. In doing these on make these decisions. Mr. President, as a result of these the weekends—virtually every week- Those who use the system and those mistakes, D&S now owes $25,000 in du- end, I do 10 or so—I talk to pilots, I who use it in commercial aircraft—it ties on machines that were supposed to talk to controllers. I do not think does not matter whether you are in an be duty-free. This error by the Customs there is a controller that I do not know American Airline 747 as a pilot or a Service will be remedied by my bill, by their first name in Oklahoma. passenger, or you are with me in a 20- which instructs Customs to reclassify They all agree that something needs year-old Piper Aztec. The fact is that the machines as duty-free and refund to be done about changing the FAA. your lives are in the hands of these in- to D&S the duties improperly assessed. Even though Barry Goldwater at- dividuals on the ground. S 8498 CONGRESSIONAL RECORD — SENATE June 15, 1995 In addition, our proposal provides for by the Aircraft Owners and Pilots As- wasteful, and simply outside the limits appointment of an FAA Administrator sociation, who have, in just the State of Federal power prescribed by the U.S. with a fixed term of 7 years. The aver- of Oklahoma, 4,500 general aviation pi- Constitution. While this description age tenure of the FAA Administrator lots; and throughout America have fits much of the Federal Government, since I have been in Congress has been 340,000 general aviation pilots. They Majority Leader BOB DOLE has set the less than 2 years. By the time they find support this. standard by calling for the elimination their way to the cafeteria, they are out In addition, the National Aviation of four Cabinet departments—Com- of there. There is no continuity in Coalition Association, a consortium of merce, Energy, Housing and Urban De- planning for the FAA. Clearly, we need 28 major aviation organizations rep- velopment, and Education. These four the continuity of leadership if real resenting all segments of the aviation departments alone employ more than changes are to take hold. community, has indicated that this 74,000 bureaucrats and have combined This proposal establishes a personnel proposal is a valuable contribution to a budgets of $70 billion—133 times more pilot program which would provide healthy debate concerning much need- than the entire Federal Government FAA greater latitude managing person- ed reform of the FAA. spent in Roosevelt’s era. While some of nel by giving increased flexibility in Mr. President, it is clear that every- the programs within these departments measuring performance. The pilot pro- one, the administration, Congress, and serve useful purposes, we don’t need gram has been designed to improve per- the aviation community, agrees on the these huge bureaucracies and buildings formance of individuals and depart- need to reform the FAA. I urge my col- to oversee them. Instead, these pro- ments, rather than merely rewarding leagues to join with Senators BURNS grams ought to be consolidated, longevity. and KASSEBAUM, Representative LIGHT- privatized, and devolved to the States Our bill establishes a procurement FOOT and Representative DUNCAN from and localities. reform pilot program which will permit the House, and Senator Goldwater and Today, I am joined by Senators DOLE, the FAA to simplify its procurement me in supporting a meaningful reform FAIRCLOTH, NICKLES, GRAMM, and procedures by shifting from the rigid of the FAA. BROWN in introducing legislation to procurement rules to allow routine off- begin that process by abolishing the the-shelf purchases. By Mr. ABRAHAM (for himself, Department of Commerce. The Depart- We have example after example of in- Mr. DOLE, Mr. FAIRCLOTH, Mr. ment of Commerce Dismantling Act of stances where complicated procure- NICKLES, Mr. GRAMM, and Mr. 1995 is the product of the Dole Task ment practices have delayed the pur- BROWN): Force on the Elimination of Federal chasing of technology and of products S. 929. A bill to abolish the Depart- Agencies. It is the first of several bills that are needed to save lives, until ment of Commerce; to the Committee the task force intends to introduce this they are no longer current, in terms of on Governmental Affairs. Congress targeted at reducing the size their technology. THE DEPARTMENT OF COMMERCE DISMANTLING of Government. It is the product of ex- A good example is the microwave ACT OF 1995 tensive work by several Senate offices, landing system. The MLS system is Mr. ABRAHAM. Mr. President, when as well as the members of the House supposed to replace the ILS system. By President Theodore Roosevelt sat down Freshmen Task Force, and it has been the time they got around to imple- with his Cabinet for a meeting, he endorsed by the National TaxPayers menting this program, the GPS, the needed just nine chairs to accommo- Union, Citizens For a Sound Economy, global position system, had reached a date everyone, including the Post-Mas- the Business Leadership Council, degree of technology that allows for ter General. If he desired an im- Americans For Tax Reform, and the precision approaches. promptu gathering, he could just walk Small Business Survival Committee. The other areas are in the area of to the Old Executive Office Building The Department of Commerce houses costs. I mean, the same thing regarding next door. The offices of almost the en- the least defensible collection of Fed- the GPS system. I happen to be the tire executive branch were located eral agencies in Washington, many of only Member of Congress in history to there. which are either duplicated or out- fly an airplane around the world. I did Ninety-four years later, a Cabinet performed by other Government agen- it a couple of years ago. In doing this meeting has almost twice as many par- cies and private industry. According to I used a GPS system. Never, all the ticipants—even without the Post- the General Accounting Office [GAO], way around the world, did I lose a sat- master’s presence—and includes the Commerce shares its mission with ‘‘at ellite. This system is a beautiful sys- Secretaries of 14 Cabinet-level Depart- least 71 Federal departments, agencies, tem. Yet that system that I used only ments spread all over the District of and offices’’ while former Commerce 2 years ago flying around the world is Columbia. These meetings don’t in- Secretary Robert Mosbacher recently one-fourth the cost today that it was clude the heads of hundreds of adminis- called the Department ‘‘nothing more then. trations, commissions, boards, and than a hall closet where you throw in That means if we and the FAA pro- other Federal agencies below the Cabi- everything that you don’t know what cure this highly technical machinery, net level. to do with.’’ the mechanics to run the system, by This tremendous growth in the size Ironically, regulating interstate the time the system goes through fol- and scope of the Federal Government commerce isn’t one of them. That’s lowing the procurement practices, that has resulted in enormous tax and debt handled by the independent Interstate which you have purchased is much burdens on our economy which, in Commerce Commission, itself a target cheaper and it would be out of date. So, turn, means lower living standards and for elimination. Commerce is a bit for cost purposes and technology pur- fewer job opportunities for the Amer- player in international trade as well. poses, this has to happen. ican people. The Federal budget in 1901 At least 10 Federal agencies are Under our bill, a select panel is cre- consumed just over 2 percent of total charged with promoting U.S. exports, ated to review and report back to Con- national income. Today, it spends al- but only a fraction of the funding is di- gress on innovative financing mecha- most 25 cents for every dollar we rected to Commerce. The Agriculture nisms for long-term funding of our produce. Measured against the size of Department receives three-fourths. aviation infrastructure and needs. the economy, the Federal Government So what’s left for Secretary Ron Panel members will review loan guar- is 12 times larger than it was at the Brown, 263 political appointees, and the antees, financial partnerships with for- turn of the century. In the meantime, 36,000 bureaucrats who work for Com- profit private sector entities, a Federal budget that routinely en- merce? Over half of the Department’s multiyear appropriations, revolving joyed surpluses of 10 percent or more $3.6 billion budget is consumed by the loan funds, mandatory spending au- during Roosevelt’s tenure hasn’t seen National Oceanic and Atmospheric Ad- thority, authority to borrow, and re- the black in 25 years. ministration [NOAA]—the Nation’s structured grant programs. In restraining the growth of the Fed- weather and ocean mapping service. Each of these proposals has the sup- eral Government, we need to target Another $400 million funds the notori- port of virtually all of the aviation in- those departments and agencies whose ous Economic Development Adminis- dustry. This bill is strongly supported activities are unnecessary, duplicative, tration [EDA], a traditional source of June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8499 pork barrel spending on things like Development Administration, is termi- and Technology would be transferred public docks and sewer systems. At one nated under this legislation. The EDA to the National Science Foundation. point in its history, 40 percent of the provides grants and assistance to loose- The National Technical Information Administration’s loans were in default, ly defined ‘‘economically depressed’’ Service, a clearinghouse for technical while economic assistance grants were regions. EDA’s functions are duplicated Government information, would be distributed to such economically trou- by numerous other Federal agencies in- privatized. bled areas as Key Biscayne, FL. Even cluding the Departments of Agri- The National Telecommunications when it is effective, the EDA duplicates culture, HUD, and Interior, the Small and Information Administration, an the efforts of numerous other programs Business Administration, the Ten- advisory body on national tele- in other departments. nessee Valley Authority and the Appa- communications policy, would be ter- The Commerce Dismantling Act tar- lachian Regional Commission. The pa- minated, including its grant programs. gets this waste and duplication. It rochial nature of the program often Federal spectrum management func- transfers those functions that can be targets EDA grants to locations with tions would be transferred to the Fed- better served elsewhere, consolidates healthy economies which do not need eral Communications Commission. duplicative agencies, and eliminates Federal assistance. This bill termi- Providing for patents and trade- the remaining unnecessary or wasteful nates the EDA, transferring outstand- marks is a constitutionally-mandated programs. The terminations, transfers ing obligations to the Treasury Depart- Government function. Our proposal and consolidations are to be completed ment for management or sale. would transfer this office to the Jus- over a 36-month period under the direc- Although the Minority Business De- tice Department, requiring the PTO to tion of a temporary Commerce Pro- velopment Administration has spent be supported completely through fee grams Resolution Agency. According hundreds of millions on management collection. to preliminary Congressional Budget assistance—not capital assistance— The Bureau of the Census, another Office figures, the bill saves the Amer- since 1971, the program has never been constitutionally-mandated function, is ican taxpayer $7.7 billion over 5 years. formally authorized by Congress. The transferred to the Treasury Depart- Let me quickly go through the bill. MBDA’s stated mission, to help minor- ment. Select General Accounting Of- While the activities of NOAA are ity-owned businesses get Government fice recommendations for savings at only tangentially related to the pro- contracts, is duplicated by such agen- the Bureau would be implemented. The Bureau of Economic Analysis is trans- motion of commerce, it makes up over cies and programs as the Small Busi- ferred to the Federal Reserve System half of the Department of Commerce ness Administration and its failed 8(a) to ensure the integrity of data. The su- budget. The individual functions of this loan program, and Small Business De- perfluous ESA bureaucracy would be agency would be sent to more appro- velopment Centers, along with the pri- eliminated. priate agencies or departments. vate sector. The MBDA is terminated First, the enforcement functions of The Bureau of Export Administration and its 98 field offices closed. is one of several agencies responsible the National Marine Fisheries Service The U.S. Travel and Tourism Admin- for monitoring U.S. exports that may are transferred to the Coast Guard, istration seeks to promote travel and while the scientific functions are trans- compromise national security. Because tourism in the United States through ferred to the Fish and Wildlife Service. this function remains important to the trade fairs and other promotional ac- Seafood inspection is transferred to the country, this legislation would reas- tivities. According to the Heritage Department of Agriculture, which al- sign these functions as follows. Foundation, ‘‘the agency often works ready carries out most food inspection The determination of export controls with private sector organizations, in- programs. The State fishery grants and is transferred to the Department of De- cluding the Travel Industry Associa- commercial fisheries promotion activi- fense. The United States Trade Rep- tion of America, to organize events ties are terminated. resentative would advise the Defense Second, the geodesy functions of the such as the ‘Discover America Pow Department in disputed cases. The Cus- National Ocean Service are transferred Wow’ or the ‘Pow Wow Europe.’ There toms Service, which already has the to the U.S. Geological Survey while is no justification for Federal involve- staff, expertise, and facilities, would coastal and water pollution research ment in such promotional activities of enforce the export licensing deter- duplicated by the Environmental Pro- a commercial nature.’’ Because func- mined by the DOD. tection Agency is terminated. Marine tions such as these are already exten- While the Department of Commerce and estuarine sanctuary management sively addressed by States, localities, claims to be the lead in trade pro- would be transferred to the Interior public sector organizations, and the motion, it actually plays a small part. Department, which already manages private sector, the USTTA is imme- Five percent of Commerce’s budget is some fisheries. Nautical and aeronauti- diately terminated. dedicated to trade promotion, and it cal charting is privatized, as the pri- The Technology Administration cur- comprises only 8 percent of total Fed- vate sector undertakes this activity al- rently works with industry to promote eral spending on trade promotion. The ready. the use and development of new tech- International Trade Administration is Third, the National Environmental nology. Because Government in gen- the primary trade agency within the Satellite, Data and Information Serv- eral, and the Federal Government in Department of Commerce. This bill ice’s weather satellite of this agency particular, is poorly equipped to pick makes the following changes. are transferred to the National Weath- winners and losers in the market- The Import Administration is trans- er Service to consolidate these func- place—frequently allowing political ferred to the Office of the United tions which, in turn, is transferred to criteria rather than market criteria de- States Trade Representative. The the Interior Department. The NESDIS termine the choice—this agency is ter- USTR, which already plays a role in data centers would be privatized. minated, including the Office of Tech- this area, would make determinations Fourth, because many of its activi- nology Policy, Technology Commer- of unfair trade practices. ties are duplicative of other Federal cialization, and Technology Evaluation The U.S. and Foreign Commercial agencies or could be better served by and Assessment. Service is transferred to the Office of the private sector, this office is termi- The Industrial Technology Service the U.S. Trade Representative. The do- nated. The labs which could operate in programs, including the Advanced mestic component of USFCS is termi- the private sector will be sold and the Technology Program [ATP] and the nated, and the foreign component remaining labs will be transferred to Manufacturing Extension Partnerships, would be transferred to the Office of the Interior Department. are terminated; these programs are the U.S. Trade Representative, which Finally, the NOAA Corps is termi- often cited as prime examples of cor- already takes the lead in trade policy. nated and its vessels sold to the private porate welfare, wherein the Federal The International Economic Policy is sector. Services can be obtained in the Government invests in applied research also terminated and these functions private sector and its fleet is in dis- programs which should be conducted in would continue to be carried out by the repair. the private sector. USTR. Another significant part of the De- The weights and measures functions Finally, the Trade Development func- partment of Commerce, the Economic of the National Institute for Standards tions are terminated and replaced with S 8500 CONGRESSIONAL RECORD — SENATE June 15, 1995 a series of industry advisory boards, association of entrepreneurial business lead- ernment. Americans for Tax Reform fully composed of representatives from the ers who are committed to working to limit supports this important legislation. private sector to provide advice to pol- the size of government and to expand global Sincerely, icy makers, at no cost to the Federal economic growth, strongly endorses the GROVER G. NORQUIST, Abraham-Chrysler Commerce Department President. Government. Dismantling Act of 1995. Mr. President, the philosophy behind BLC represents businesses of all types and the Dole Task Force, and the underly- SMALL BUSINESS SURVIVAL COMMITTEE, sizes who want what is best for America, Washington, DC., June 7, 1995. ing objectives of this bill, are based rather than a perk or subsidy that may be Hon. SPENCER ABRAHAM, upon the same fundamental principles best in the narrow, short-term, self-interest U.S. Senate, Washington, DC. of limited and efficient government of their individual business. Its members are willing to take bold, principled positions and DEAR SENATOR ABRAHAM: Every so often, a that the electorate overwhelmingly piece of legislation crosses my desk that the supported last November. It is a rea- are not afraid to confront the status quo. They recognize that, although some of their Small Business Survival Committee (SBSC) sonable approach to restore some much businesses may benefit from particular Com- can support without any reservations. ‘‘The needed fiscal sanity to our Federal merce Department programs, it is clear Commerce Department Dismantling Act of Government; making it smaller, less America is better off saving the money, re- 1995’’ is such a legislative act. costly, yet more efficient. ducing subsidies, and eliminating unneces- First, let me compliment you on your four The new Republican Congress is com- sary regulations. straightforward principles for evaluating the mitted to balancing the budget by the For that reason, we enthusiastically sup- Commerce Department. They should serve as year 2002. While this commitment port the dismantling of corporate welfare, a guide for reviewing every federal govern- means we must do the heavy lifting of whose voice in the cabinet has been the Com- ment department: reducing the growth of Government, it merce Department. The old established busi- Terminating unnecessary and wasteful pro- ness groups fear the wrath of their members grams; also presents us an opportunity to es- who enjoy corporate pork and therefore will tablish a proper balance between Consolidating programs duplicative of not take a stand on this controversial issue. other departments or agencies; States and the Federal Government BLC, on the other hand, applauds your ef- Transferring valid programs to more ap- that protects the vigor and diversity of forts to abolish unnecessary, duplicative, propriate agencies; and our States and local communities. wasteful programs and save the taxpayers $7.8 billion over the next five years. In these Privatizing programs which can be better Only by recognizing the limits of the performed in the private sector. Federal Government can we restore the times, when Congress is endeavoring to bal- ance the budget and reduce the size and Federal government spending has been out vitality that breeds character, innova- of control for decades. The Commerce De- tion, and a sense of community. scope of the federal government, the business community must do its part. partment, with its myriad unnecessary and This bill represents the first step in Sincerely, duplicative programs, serves as one of the the process of achieving that goal. It THOMAS L. PHILLIPS, most glaring examples of wasting taxpayer conforms with both the Senate and Chairman of the Board of Governors. dollars. The elimination of the Department House-passed budgets and it has the of Commerce will send a loud and clear mes- support of leadership in both House and AMERICANS FOR TAX REFORM, sage to the American people—business-as- the Senate. I encourage my colleagues Washington, DC, June 14, 1995. usual, big-government politics is finished. Indeed, eliminating the Commerce Depart- to support it as well. Hon. SPENCER ABRAHAM, U.S. Senate, Dirksen Senate Office Building, ment would be an historic step toward bring- Mr. President, I ask unanimous con- ing some sanity back to the federal govern- sent that additional material be print- Washington, DC. DEAR SENATOR ABRAHAM: Americans for ment, while saving U.S. taxpayers an esti- ed in the RECORD. Tax Reform, a 60,000 member coalition of in- mated $7.8 billion over five years. There being no objection, the mate- dividuals, taxpayer groups and businesses ‘‘The Commerce Department Dismantling rial was ordered to be printed in the concerned with federal tax policy and spend- Act of 1995’’ offers a sound plan for eliminat- RECORD, as follows: ing reduction, enthusiastically endorses the ing programs within the Commerce Depart- NATIONAL TAXPAYERS UNION, Abraham-Chrysler Commerce Department ment that government should not be under- June 14, 1995. Dismantling Act of 1995. taking in the first place (e.g., the United HON. SPENCER ABRAHAM, The Commerce Department is a classic ex- States Travel & Tourism Administration); U.S. Senate, Dirksen Senate Office Building, ample of wasteful government spending run for moving programs to more appropriate Washington, DC. amok. Its own Inspector General referred to areas of the federal government (e.g., the Bu- DEAR SENATOR ABRAHAM: National Tax- it as ‘‘a loose collection of more than 100 pro- reau of the Census and the Bureau of Eco- payers Union is pleased to endorse the ‘‘Com- grams.’’ If we are ever to balance the budget, nomic Analysis); or for privatizing programs merce Department Dismantling Act of 1995,’’ rein in federal spending and allow Americans (e.g., the National Technical Information as proposed by you and Congressman Dick to keep more of their hard-earned dollars, Service). Chrysler. Your excellent proposal will unnecessary departments must be elimi- Naturally, every federal department or streamline the federal government and pro- nated. The Commerce Department is such a program has a vocal special interest at- vide significant savings for America’s tax- department. tached to it. The Commerce Department is payers. We are impressed by the four principles no different. Indeed, a small part of the busi- The terminations, transfers and consolida- used in drafting the legislation: terminating ness community likely will oppose the ter- tions provided in your proposed legislation unnecessary or wasteful programs, consoli- mination of the Commerce Department. would be completed over a thirty-six month dating programs duplicated by other depart- Please rest assured that any business voices period. The ‘‘Abraham/Chrysler Act’’ would ments or agencies, transferring programs raised in support of the Commerce Depart- save $7.765 billion over five years. that serve a valid purpose to other agencies, ment will be a very small minority. Ameri- The General Accounting Office has re- and privatizing programs better performed ca’s entrepreneurs have little use, if any, for ported that the Commerce Department outside the government. If all federal agen- the U.S. Department of Commerce. cies were scrutinized in this fashion, we ‘‘faces the most complex web of divided au- The best agenda for entrepreneurs, busi- thorities,’’ sharing its ‘‘missions with at would be well on our way toward the smaller and more efficient government that Ameri- ness and the economy is clear: deregulation, least 71 federal departments, agencies, and tax reduction, and smaller government. offices.’’ Your bill will finally end this cans are demanding. Indeed, your legislation alone would allow budget savings of almost Eliminating the Department of Commerce wasteful duplication. has the full support of SBSC and our more Again, NTU is pleased to endorse the $7.8 billion over five years, according to esti- than 40,000 small business members. The ‘‘Abraham/Chrysler Commerce Department mates by the Congressional Budget Office. time has come to rein in federal government Dismantling Act of 1995.’’ We urge your col- That’s $7.8 billion more for hard-working spending, and the Department of Commerce leagues to join you in this effort. Americans to keep for themselves. is a fine place to start. Sincerely, Certainly there will be howls of outrage Sincerely, DAVID KEATING, from special interests which gain some ad- KAREN KERRIGAN, Executive Vice President. vantage from a pet program. But for too long, Washington has ignored the concerns of President. BUSINESS LEADERSHIP COUNCIL, the most important national interest: the S. 929 Washington, DC, June 9, 1995. American taxpayer. That era has come to an Mr. GRAMM. Mr. President, I am end. Americans have signalled that they Hon. SPENCER ABRAHAM, proud to be an original cosponsor of U.S. Senate, Dirksen Senate Office Building, have had enough of endless government tax- Washington, DC. ing and spending. The Commerce Depart- the Commerce Department Disman- DEAR SENATOR ABRAHAM: The Business ment Dismantling Act of 1995 begins the tling Act of 1995. I want to compliment Leadership Council, a newly-formed business scaling back of the overgrown federal gov- Senator ABRAHAM and Senator June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8501

FAIRCLOTH for their hard work in pro- can be brought forward. The Lewis and this alone. It will require a partnership ducing this legislation, and I look for- Clark Rural Water System is the only between local, State, and Federal gov- ward to working with them as this leg- feasible means of ensuring that future ernments. islation is considered in committee and supplies of good quality water will be With the Missouri River carrying bil- the Senate. The Commerce Department available well into the next century. lions of gallons of water by this area is the only Cabinet-level agency termi- The Lewis and Clark Rural Water Sys- each year, I am reminded of the ironic nated in the Senate budget resolution, tem will provide a supplemental supply line ‘‘water, water everywhere, but not and it is important that we keep our of drinking water that is expected to a drop to drink.’’ With the construc- promise to the American people to put serve over 180,500 people. tion of the Lewis and Clark system to the Federal Government on a budget, Mr. President, water development is convey Missouri River water to the say no to more Federal spending, and a health issue, economic development people of this region, that irony will allow American families to keep more issue, and a rural development issue. cease. Impacts of this project on the of what they earn. The ability of rural America to survive flow of the Missouri River will be neg- Mr. President, I do have concerns and grow is intrinsically related to its ligible. Nearly all the water would be about some specific transfers of Com- ability to provide adequate supplies of returned to the Missouri River via the merce authority to other Departments safe drinking water. Without a reliable James, Vermillion, Big Sioux, Little and feel that, with further study, we supply of water, these areas cannot at- Sioux, Rock, and Floyd Rivers. can find a more appropriate destina- tract new businesses and cannot create tion for those functions that are re- jobs. The creation of jobs is a para- In conclusion, there is a strong need tained. Nevertheless, I am strongly mount issue to a rural State such as for this project throughout the three- supportive of our effort to eliminate South Dakota. The Lewis and Clark State area. The water supply short- the Commerce Department, and will Rural Water System will help assure ages, the poor water quality, and the work with my colleagues to strengthen job growth in the areas to be served. need to allow this region to grow eco- the bill we are introducing today. It is extremely difficult for rural nomically, all demand that a solution communities and residents to maintain be found that allows the people of this By Mr. PRESSLER (for himself, a healthy standard of living if they do region access to clean, safe drinking Mr. DASCHLE, Mr. GRASSLEY, not have access to good quality drink- water. The Lewis and Clark project is a Mr. HARKIN, and Mr. ing water. sensible and timely answer to those WELLSTONE): I urge my colleagues to take a close needs. I encourage my colleagues to S. 931. A bill to authorize the con- look at this legislation. We would lend their support to this project in struction of the Lewis and Clark Rural greatly appreciate their support for it. hopes that Congress will authorize its Water System and to authorize assist- Mr. DASCHLE. Mr. President, I join construction in the near future. ance to the Lewis and Clark Rural my colleague, Senator PRESSLER, in in- Water System, Inc., a nonprofit cor- troducing legislation to authorize the By Mr. JEFFORDS (for himself, poration, for the planning and con- Lewis and Clark Rural Water System. Mr. KENNEDY, Mr. CHAFEE, Mr. struction of the water supply system, The Lewis and Clark Rural Water Sys- AKAKA, Mr. BINGAMAN, Mrs. and for other purposes; to the Commit- tem is seeking authorization for the BOXER, Mr. BRADLEY, Mr. DODD, tee on Energy and Natural Resources. construction of a rural water system to Mr. FEINGOLD, Mrs. FEINSTEIN, THE LEWIS AND CLARK RURAL WATER SYSTEM provide clean water to southeastern Mr. GLENN, Mr. HARKIN, Mr. ACT OF 1995 South Dakota, northwest Iowa, and INOUYE, Mr. KERREY, Mr. Mr. PRESSLER. Mr. President, southwest Minnesota. KERRY, Mr. KOHL, Mr. LAUTEN- today I am introducing legislation that The need for this project is clear. In BERG, Mr. LEAHY, Mr. LEVIN, authorizes construction of the Lewis Sioux Falls, and in the rural counties Mr. LIEBERMAN, Ms. MIKULSKI, and Clark Rural Water System. This that rely on Sioux Falls as a center of Ms. MOSELEY-BRAUN, Mr. MOY- system, when complete, will provide economic growth, we are now face-to- NIHAN, Mrs. MURRAY, Mr. PACK- much needed, safe drinking water for face with water shortages. Population WOOD, Mr. PELL, Mr. ROBB, Mr. hundreds of communities in southeast- growth is outstripping existing sup- SARBANES, Mr. SIMON, and Mr. ern South Dakota, northwestern Iowa, plies of clean water. WELLSTONE): and southwestern Minnesota. Despite heroic efforts by the city of S. 932. A bill to prohibit employment Joining me in introducing this legis- Sioux Falls to conserve water, supplies discrimination on the basis of sexual lation are Senators DASCHLE, GRASS- are not keeping up with demand. Sioux orientation; to the Committee on LEY, HARKIN, and WELLSTONE. Falls has imposed water restrictions Labor and Human Resources. Mr. President, this is the second year every year since 1987. Water rights for I have introduced legislation to author- the Big Sioux aquifer, which supplies THE EMPLOYMENT NON-DISCRIMINATION ACT OF ize this water project. I am proud of water to Sioux Falls, have been com- 1995 the citizens of South Dakota who have mitted. Therefore, Sioux Falls has been Mr. JEFFORDS. Mr. President, today worked extremely hard on this project. forced to explore other long-term op- I am pleased to introduce the Employ- They are to be commended. Nothing is tions. Similar problems exist in the ment Non-Discrimination Act of 1995. I more important to the health of the nearby rural counties in southeastern am joined in doing so by nearly one- South Dakota ranchers, farmers, and South Dakota, Iowa and Minnesota, third of the Members of the Senate. people living in towns and cities than areas where water use restrictions are In my view, Mr. President, this bill is the availability of safe drinking water. not uncommon. Unless the water sup- perhaps the most important civil The bill I am introducing today will ply problem is resolved, it could affect rights legislation to come before Con- achieve that goal. the long-term growth and development gress this year. I am honored to be a Since first coming to Congress, I of the city. principal sponsor of the legislation in have continually fought for the devel- Not only are there shortages of the Senate. opment of South Dakota water water, but much of the water that cur- projects. In return for the sacrifices rently supplies the area is contami- The legislation extends to sexual ori- South Dakota made for the construc- nated with high levels of iron, man- entation the same federal employment tion of the dams and reservoirs along ganese, sulfate, and total dissolved sol- discrimination protections established the Missouri River, the Federal Gov- ids. In many cases, drinking water is at for race, religion, gender, national ori- ernment made a commitment to South or above EPA limits, leading to con- gin, age, and disability. The time has Dakota. That commitment was to sup- cern over public health in those areas. come to extend this type of protection port water development in my State. There is a solution; the people of this to the only group—millions of Ameri- This water project, in part, helps to region can tap the enormous resources cans—still subjected to legal discrimi- meet that commitment. of the Missouri River to provide long- nation on the job. In this day of fiscal austerity, only term public health and economic devel- The principles of equality and oppor- projects of the greatest public benefit opment benefits. But they cannot do tunity must apply to all Americans. S 8502 CONGRESSIONAL RECORD — SENATE June 15, 1995 Success at work should be directly re- The ‘‘disparate impact’’ claim available Today, job discrimination on the lated to one’s ability to do the job, pe- under Title VII of the Civil Rights Act of basis of sexual orientation is too often riod. People who work hard and per- 1964 (Title VII) is not available under ENDA. a fact of life. From corporate suites to form well should not be kept from lead- Therefore, an employer is not required to justify a neutral practice that may have a plant floors, qualified employees live in ing productive and responsible lives— statistically disparate impact based on sex- fear of losing their livelihood for rea- from paying their taxes, meeting their ual orientation. sons that have nothing to do with their mortgage payments and otherwise con- ENDA exempts small businesses, as do ex- skills or their job performance. Yet in tributing to the economic life of the isting civil rights statutes, and does not 42 states a person can be fired—just for nation—because of irrational, non- apply to employers with fewer than fifteen being gay. work-related prejudice. employees. This bill is not about statistics. It is Mr. President: As a 61-year-old white ENDA exempts religious organizations, in- cluding educational institutions substan- about real Americans whose lives are male who grew up in a rural area, I tially controlled or supported by religious being shattered and whose potential is fully understand how one could feel organizations. being wasted. They are American he- prejudice. I was not immune to it my- ENDA prohibits preferential treatment, in- roes who paid dearly for being true to self. However, through education and cluding quotas, based on sexual orientation. themselves as they pursued their pro- understanding, we must overcome such ENDA does not require an employer to pro- fessions. They performed well and were prejudice, as individuals and as a na- vide benefits for the same-sex partner of an employee. rewarded by being fired or brutally tion. ENDA does not apply to the uniformed beaten. For them, ability didn’t When this issue has been raised in members of the armed forces and thus does count—bigotry did. the states, the debate has often turned not affect the current law on lesbians and That kind of vicious discrimination on the phrase ‘‘special rights.’’ This gay men in the military. happens every day, in communities bill does not create any ‘‘special ENDA provides for the same remedies (in- across America. The price of this preju- junctive relief and damages) as are per- rights.’’ Rather, it simply protects a dice, in both human and economic right that should belong to every mitted under Title VII and the Americans with Disabilities Act (ADA). terms, is unacceptable. It is time for American, the right to be free from dis- ENDA applies to Congress, with the same Congress to take a stand against it. crimination at work because of per- remedies as provided by the Congressional Job discrimination is not only un- sonal characteristics unrelated to suc- Accountability Act of 1995. American—it is counterproductive. It cessful performance on the job. ENDA is not retroactive. excludes qualified individuals, lowers I’m proud to say that my home state Mr. KENNEDY. Mr. President, from workforce productivity, and hurts us of Vermont is one of several states that the beginning, civil rights has been the all. For the nation to compete effec- have enacted sexual orientation dis- great unfinished business of America— tively in a global economy, we have to crimination laws. It is no surprise, Mr. and it still is. In the past thirty years, use all our available talent, and create President, that the sky has not fallen. this nation has made significant a workplace environment where every- I am not aware of a single complaint progress in removing the burden of big- one can excel. from Vermont employers about the en- otry from our land. This ongoing bipar- This view is shared by many leaders forcement of the state law. However, I tisan peaceful revolution of civil rights in labor and management. They under- do know that thousands of Vermonters is one of the great hallmarks of our de- stand that ending discrimination based no longer need to live and work in the mocracy and an enduring tribute to the on sexual orientation is good for work- shadows. remarkable resilience of the nation’s My little state of Vermont was the founding principles. ers, good for business, good for the first to abolish slavery, the first to an- Federal law now rightly prohibits job economy, and good for the country. swer Lincoln’s call to arms, and the discrimination on the basis of race, In the absence of federal action, only state I know of with the audacity gender, religion, national origin, age, many state and local governments to declare war on Germany before and disability. Establishing these es- have acted responsibly to prohibit job Pearl Harbor. Once again, I think it is sential protections was not easy or discrimination based on sexual orienta- time for the federal government to fol- quick. But they have stood the test of tion. Over a hundred mayors and gov- low the lead of Vermont, and the other time—and they have made us a better ernors, Republicans and Democrats, states and cities across the country and a stronger nation. have signed laws and issued orders pro- that have declared war on this, the Today, we seek to take the next step tecting gay and lesbian employees. It is final front of discrimination. The bill on this journey of justice by banning time for the federal government to we introduce today takes important discrimination based on sexual orienta- make this protection nationwide. steps in that direction. I look forward tion. We know we cannot change attitudes to the day when we can see it signed The Employment Non-Discrimina- overnight. But the great lesson of into law. tion Act is a significant step in that di- American history is that changes in Mr. President, I ask unanimous con- rection. The Act parallels the protec- the law are an essential step in break- sent that a summary of the bill be tions against job discrimination al- ing down barriers of bigotry, exposing printed in the RECORD. ready provided under Title VII of the prejudice for what it is, and building a There being no objection, the sum- Civil Rights Act. It prohibits the dis- strong and fair nation. mary was ordered to be printed in the criminatory use an individual’s sexual I am honored to join my colleagues RECORD, as follows: orientation as the basis for decisions in introducing the Employment Non- SUMMARY—EMPLOYMENT NON-DISCRIMINATION on hiring, firing, promotion, or com- Discrimination Act of 1995. This bipar- ACT OF 1995 pensation. This kind of prohibition on tisan legislation has the support of a The Employment Non-Discrimination Act job discrimination is well-established broad bipartisan coalition that in- of 1995 (ENDA) extends federal employment in the civil rights laws and can be eas- cludes Coretta Scott King and Barry discrimination protections currently pro- ily applied to sexual orientation. Goldwater—the conscience of civil vided based on race, religion, gender, na- Our bill is not about granting special rights and the conscience of conserv- tional origin, age and disability to sexual rights—it is about righting senseless atives. orientation. Thus, ENDA will ensure fair em- wrongs. Its goal—plain and simple—is ployment practices—not special rights—for Today’s action brings us one step lesbians, gay men and bisexuals. to eliminate job discrimination against closer to the ideals of liberty. Our case ENDA prohibits employers, employment fellow Americans. It does not allow for is strong, our cause is just, and we in- agencies, and labor unions from using an in- disparate impact claims, it prohibits tend to prevail. dividual’s sexual orientation as the basis for quotas, it does not require domestic I urge the Senate to support this es- employment decisions, such as hiring, firing, partners benefits, and it does not apply sential effort. promotion, or compensation. to the armed forces. Under ENDA, covered entities cannot sub- What it does require is basic fairness By Mr. SIMON: ject an individual to different standards or treatment based on that individual’s sexual for gay men and lesbians, who deserve S. 933. A bill to amend the Public orientation, or discriminate against an indi- to be judged in their job settings—like Health Service Act to ensure that af- vidual based on the sexual orientation of all other Americans—by their ability fordable, comprehensive, high quality those with whom the individual associates. to do the work. health care coverage is available June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8503 through the establishment of State- and under, of the 1.1 million net in- Long-term health care for children based programs for children and for all crease in uninsured persons from 1992 with disabilities and chronic health uninsured pregnant women, and to fa- to 1993, 84 percent, 922,000, were chil- conditions, durable medical equipment, cilitate access to health services, dren. That is the increase for children. allied health services. Here is the way strengthen public health functions, en- That is the increase for adults. Obvi- it would work. A family of four at 250 hance health-related research, and sup- ously, we are talking about the future percent of poverty, that is $37,000 with port other activities that improve the of our Nation when we talk about the one child under 7, the mother is preg- health of mothers and children, and for children. nant, the father works in a small busi- other purposes; to the Committee on Guiding principles of this act, the ness, with no dependent health care Labor and Human Resources. Healthy Mothers, Healthy Children coverage, they would have the option Act? Coverage is independent of family to enroll into this plan. They would re- HEALTHY MOTHERS, HEALTHY income, employment, or health status. ceive comprehensive coverage for the CHILDREN ACT OF 1995 Everyone can get insurance. mother and the child—not for the fa- Mr. SIMON. Mr. President, we have a This is a single-tier health care sys- ther, not for any children over the age serious problem in health care. We tem for everyone. of 6. With their income, they would re- have almost 41 million now who do not Coverage is affordable for all fami- ceive a 40 percent premium subsidy. In have health care coverage. lies. We have some flexibility here. other words, they would have to pay 60 As the Presiding Officer knows, be- Health services are comprehensive. percent of the costs and they would cause he has now been designated to And we ensure quality. pay a maximum, during the course of lead the effort for the Republican Eligibility? All children under the the year, of $1,830 per year. Then, if Party, and he and I last year had some age of 7 and pregnant women; replaces their costs exceed that $1,830, the Fed- discussions about what kind of a prac- Medicaid for those groups. The States eral Government would pay. tical compromise could be made. save money and the Federal Govern- Here is a lower-income family, a fam- This is a compromise. I would love to ment would save money. And it calls ily of four at 100 percent of poverty, have universal coverage for everyone. for a report on possible future expan- $15,000 with two children under 7, a sin- This is a practical compromise that sion. gle parent who works part time and is says ‘‘Let’s protect pregnant women Enrollment? There would be a na- covered by Medicaid. Both children are and children 6 and under.’’ It provides tional open enrollment month; plus, if automatically enrolled. Everyone who affordable, comprehensive, quality pri- you go to the hospital, if you go to a is on Medicaid is automatically en- vate health care coverage for these physician, if you are not enrolled, you rolled into the Healthy Mothers, groups. can enroll at that point. It is adminis- Healthy Children Act. The parent re- The health of America’s mothers and tratively simple. Plans must accept mains in Medicaid also, but we do not children is simply unacceptable. The any eligible person, no preexisting con- cover that parent. The Medicaid Pro- U.S. is No. 1 in wealth; we are 22d in in- ditions. And within the State, you gram continues as is for that parent. fant mortality; we are 18th in maternal would have competition among the in- They would have a choice of provider, mortality. surers so we keep the rates down. get quality services, and coordination Mr. President, 24 percent of the chil- Cost sharing is part of it. Our friends of care improves. They would receive a dren of our country live in poverty. No in Canada say they made a great mis- 90-percent subsidy. In other words, if other Western industrialized nation take in not having all people contrib- they have a problem, they would have has anything like these figures. Many ute something. There is overutilization to pay 10 percent, even a poor family. developing countries have much more of the system when you do not have ev- So we do not have overutilization. But coverage in terms of immunization. eryone contributing something. So we they would pay a maximum of $80 per Mongolia is a country I have had a have all families contributing. Fami- year. For a family that is on the pov- chance to visit. Very few Americans lies receive premium subsidies ranging erty level or below, that is still a siz- visit Mongolia. It is really remote. from 99 percent to 5 percent, depending able amount of money but it is a re- Talk about developing nations that on income. And there is a cap because straining factor. But then the Federal have problems, and yet they have a even a family of upper income, if you Government picks the tab up after higher percentage of their children im- have a devastating kind of an illness— that. munized than we do. we just heard Senator CHAFEE talk An upper-income family, a family of Mr. President, 22 percent of pregnant about someone who had a $3 million four, at 500 percent of poverty, $75,000, women do not have prenatal care in the medical bill. with two children under 7, one parent first trimester. Uninsured children of State flexibility and accountability— works for a large company and has a the United States today, 11.1 million, States and plans are given maximum health plan through the employer but or 1 out of 6, and it is getting worse. flexibility; States develop and admin- no coverage for preexisting conditions. What is going to happen, whether the ister the program; States and Federal They have the option of staying with Clinton bill passes in terms of the Government and health plans are ac- the company plan or enrolling in this budget or the Republican budget countable for meeting certain objec- plan. They receive complete coverage, passes—and obviously it is more likely tives. including preexisting conditions. They to be the Republican budget—what if There is a matching rate. The Fed- receive only a 5 percent premium sub- the distinguished junior Senator from eral matching rate is more generous sidy. They would have to pay 95 per- Utah were a hospital administrator and than Medicaid. The national average cent. Obviously, at $75,000 a year, they the amount you get for coverage for would be 80 percent. That means very can afford that. Medicare and Medicaid goes down, substantial savings for Illinois, for But they can pay a maximum of what happens is you shift the burden to Utah, and for the other States. The $6,000 per child for a year. So if you the nonMedicaid/nonMedicare patient maximum matching rate would be 90 have a child who is a diabetic, who has and health insurance premiums go up? percent. a serious problem—if you have the kind As health insurance premiums go up, Comprehensive health care services, of problem that Senator CHAFEE just the percentage of employers providing and there are some limits here, let me mentioned, with somebody who had a insurance will go down. just say, because—which I will outline $3 million expenditure—that would be The estimate is the year 2002, some- in a minute. Preventive health, ambu- covered. where between 17 million and 20 mil- latory care, laboratory services, pre- Financing sources? Medicaid funds, lion children will not be covered. scription drugs, hospital, and in-home that we have right now. Here is the Incidentally, I would love to have a services, mental health services, dental tough one. We increase the tax on a bill that covers all children, covers 18 and vision care—this is an example package of cigarettes by $1.50. There is and under. But I know, realistically, where there are limitations. We do not no question that is going to be tough. that does not have a chance of passage. cover orthodontia services. We do not Some of our colleagues are going to re- But if we were to say let us at least cover cosmetic surgery. There are obvi- sist it strongly. I add, even if we were cover pregnant women and children 6 ously limitations that have to be here. not providing any benefits for anybody, S 8504 CONGRESSIONAL RECORD — SENATE June 15, 1995 we would have a healthier America if The purpose of this act is to ensure care system, will not have health cov- we increase the tax on cigarettes $1.50 that affordable, comprehensive, high erage by the year 2002. per pack. Young people, particularly, quality private health care coverage is It is important to note that lack of like these pages—if I may pick on them available through State-based pro- health insurance is not solely a prob- here—they are very price sensitive. grams for all children, initially for lem of poverty. A large proportion of That really would make a difference. those under seven, and for all unin- children in middle class families are The State has to match. They will sured pregnant women. uninsured. For example, among chil- not have to match as much as they Mr. President, friends, yesterday was dren in families with incomes between have been. The States would save some Flag Day. A day for all Americans to 100 and 199 percent of poverty, 25 per- money; some employers would save reflect upon our country, where we’ve cent are uninsured. And among chil- some money. The family has to con- been and where we are heading. When I dren in families with incomes between tribute. I think that is proper. There think about the future of this country, 200 and 399 percent of poverty, 12 per- would be savings from elimination and I realize that the future is already cent lack insurance. reduction of duplicative programs. here—in our children. What should be My friends, we can do better. We In controlling costs, they are con- our national direction? Let me share must do better. trolled by market competition. They with you my vision for our children. I INVESTING IN THE HEALTH OF MOTHERS AND have to bid within the State. Premium suggest that we move towards a soci- CHILDREN subsidies are based on the lowest- ety where every child at least has ade- Given the state of the Federal deficit, priced plan. Obviously, quality has to quate health care, receives a good edu- some of you may question whether the be there. The funding increases to cation, lives in a caring family, and Government should be expanding States limited to the national rate of grows up in a safe community. health coverage for children. You may inflation. THE POOR HEALTH OF AMERICA’S MOTHERS AND ask, ‘‘Is this a proper role for govern- If, for example, in Utah you have a CHILDREN ment?’’ plan and it increases the cost 20 per- How are we doing in fulfilling that I think the words of Abraham Lin- cent while the national average is 5 vision? My friends, I have to tell you coln are helpful. He said: ‘‘The legiti- percent, we say to Utah: Sorry, you can that we as a country are failing to mate object of government, is to do for only have a 5-percent increase. So properly care for our children. We are a community of people, whatever they there is that limitation. the wealthiest Nation in the world. But need to have done, but cannot do, at Specific options for reducing pro- if our wealth was measured by the all, or cannot, so well do, for them- gram costs to ensure financial integ- health status of mothers and children, selves—in their separate, and individ- rity of the program. we fall well behind the other major in- ual capacities.’’ Children do not have Then, finally, a quote from this radi- dustrialized nations. Despite the high- the capacity to ensure their health. cal by the name of Herbert Hoover. est per capita spending on health care Yes, families have primary responsibil- Herbert Hoover said: of any country, we currently rank 22d ity for ensuring that their children re- The greatness of any nation, its freedom in infant mortality and 18th in mater- ceive medically necessary care. The from poverty and crime, its aspirations and nal mortality. Approximately 24 per- Government’s role is to ensure that ideals are the direct quotient of the care of cent of all our children live in poverty. health coverage is accessible and af- its children. Many developing countries including fordable for all. It is clear that the pri- There should be no child in America that is Albania, Malawi, Mongolia, and vate sector has been unable to accom- not born and does not live under sound con- Turkmenistan, have higher childhood plish this goal. ditions of health. immunization rates than we do. In ad- There are more reasons why we That is not the case today. We ought dition, approximately 22 percent of should invest in our children’s health. to make Herbert Hoover’s dream for mothers did not receive prenatal care Investing in health services for chil- America a reality. in the first trimester. We can do better. dren substantially increases their po- So I have this bill. I think it is appro- LACK OF HEALTH INSURANCE AMONG CHILDREN tential to be productive members of so- priate that the two Members on the AND PREGNANT WOMEN IS INCREASING ciety and averts more serious or more Republican side who are here right now What about health care coverage? expensive conditions later in life. Simi- are Senator BENNETT and Senator Unfortunately, the lack of insurance larly, ensuring that all pregnant CHAFEE. Senator CHAFEE provided ex- among children and pregnant women is women receive adequate prenatal care cellent leadership last session. We were unacceptable and is getting worse. A is cost saving to society. Ensuring cov- not able to put the package together. recent report by the Employee Benefit erage for children is also relatively in- Senator BENNETT now has that mantle Research Institute shows that between expensive: In 1993, the Medicaid pro- on the Republican side. 1992 and 1993, the number of uninsured gram spent an average of $1,012 per We ought to do something. My pro- people increased by 1.1 million or 17.8 child compared to $8,220 per elderly posal is let us provide coverage for percent to 40.9 million. The most adult. pregnant women and children 6 and alarming finding is that children ac- Therefore, if the question to me is under. That would be a great initial counted for the largest proportion of ‘‘Can we afford to invest in the health step for the future of our country, and the net increase in the number of the of our children?,’’ I reply by asking would protect 11 million children in uninsured: Of the 1.1 million net in- you, ‘‘How can we afford not to?’’ our country today. I hope we take a crease between 1992 and 1993, 922,500 or GUIDING PRINCIPLES FOR THE HEALTHY look at this. At some point, whether 84 percent, were children under 18. MOTHERS, HEALTHY CHILDREN ACT the Finance Committee approves this In 1993, 11.1 million or one of every In developing the Healthy Mothers, idea or not, I am going to offer it as an six children did not have health insur- Healthy Children Act, I considered 10 amendment on the floor so we get a ance or publicly-financed health care, fundamental guiding principles that I vote on it. up from 10.2 million or 15 percent in believe should be the basis for any na- My instinct is you have to be pretty 1992. Despite recent expansions in Med- tional health care program for children hardhearted to vote against coverage icaid, 22 percent of all poor children and pregnant women. They are: for pregnant women and children 6 and were uninsured, and approximately First, coverage is independent of under. I think this might be politically 500,000 pregnant women did not have family income, employment, or health acceptable. I certainly know the Amer- health insurance in 1992. status; ican people would favor it. In addition, if this Congress signifi- Second, there is a single-tier health So I am introducing this bill today. I cantly reduces the Medicaid budget as care system; hope we will consider it. I commend it proposed under the current Senate and Third, coverage is affordable for all to my colleagues who have done more House budget resolutions, it is esti- families; work in the health care field on the mated that between five and seven mil- Fourth, health services are com- other side of the aisle than any oth- lion children in addition to the 12.6 prehensive; ers—Senator CHAFEE and Senator BEN- million children already projected to Fifth, ensuring quality is a primary NETT. be uninsured under the current health goal; June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8505 Sixth, everyone shares responsibility by private health plans. States certify health promotion and disease preven- for mothers and children; health plans and negotiate premium tion activities. To minimize duplica- Seventh, health, not just health care, rates with all interested plans. Partici- tive programs, existing Federal and is emphasized; pating plans compete to deliver the State maternal and child health pro- Eighth, States and health plans have highest quality care at the lowest grams are integrated and coordinated maximum flexibility and accountabil- price. There are a series of standards to under the bill. ity; prevent adverse selection and discrimi- Controlling health care costs is cru- Ninth, administrative costs and com- nation, ensure access to primary and cial. Therefore, I have several mecha- plexity are minimized; and specialty care, and ensure that all par- nisms designed to control costs in the Tenth, program costs and fraud and ticipating plans compete on a ‘‘level program. Costs are controlled by mar- abuse are controlled. playing field.’’ The program encour- ket competition and delivery of care SUMMARY OF THE HEALTHY MOTHERS, HEALTHY ages innovation by existing plans and primarily through management care CHILDREN ACT formation of new health plans. plans. Because premium subsidies for Let me summarize the legislation I All participating health plans must families are based on the lowest priced am introducing: provide a comprehensive package of plan in an area, plans have an incen- A national trust fund is established services. tive to control costs. Because annual to support state-based programs that The services will be specified by the funding increases to the States are lim- involve private health plans. Participa- Secretary and health professional tion is voluntary for states, health ited to the average increase in medical groups. In general, services include: plans, and families. care costs for children and pregnant All children under age seven are eli- preventive health, ambulatory care, women on a national basis, states have gible, regardless of family income, em- laboratory services, prescription drugs, an incentive to control program costs. ployment, or insurance status. Preg- hospital and in-home services, mental There are also mechanisms in the bill nant women without employer-based health services, dental and vision care, that allow the Secretary to reduce pro- coverage are eligible. Medicaid-eligible long-term health care for children with gram costs or request additional funds children and pregnant women are disabilities and chronic health condi- as necessary to ensure the financial in- brought into the program to enhance tions, durable medical equipment, and tegrity of the program. I am asking the their choice of providers and to avert a allied health services. Congressional Budget Office to score multi-tier health care system. There is Because I believe that we must em- the bill. no impact on the Medicaid program for phasize quality and accountability, the How will we pay for the program? nonparticipating States for noneligible bill includes a series of standards to en- Funding sources for my legislation in- children seven years of age and older. sure quality at the health plan, State, clude shifting of Federal Medicaid Every 2 years, if sufficient funds are and Federal levels. National guidelines funds for targeted groups, increase in available and the public is supportive for quality assessment and improve- Federal excise taxes on cigarettes of of the program, the Secretary will in- ment, utilization review, and other $1.50/pack, state matching funds, par- crease eligibility to older children on a programs are developed in consultation tial premiums from families, savings national basis. A State that has with private health plans and other from elimination/reduction of duplica- achieved universal coverage for chil- nongovernmental organizations. All tive Federal and State programs, and dren under seven in their State can ex- participating States must have a pro- charitable contributions. tend coverage to older children before gram for preventing, monitoring, and Perhaps I can best summarize my such children are eligible on a national controlling fraud and abuse. As a check legislation by illustrating how it af- basis. and balance, nongovernment advisory fects different families. In my legislation, children are en- council provides program oversight and First, let’s take the example of a rolled during a national open enroll- advises the Secretary on program ad- middle class family of four at 250 per- ment period. States ensure that the en- ministration and modifications. A na- cent of poverty with one child under rollment process is simple and is not a tional maternal and child health infor- seven, a pregnant mother, and a father barrier to care. Participating plans mation system and a national child- who works in a small business that must accept any eligible person who hood immunization database are estab- does not offer dependent coverage. In wishes to enroll and cannot deny cov- lished to monitor program quality and this situation, the mother and child erage for pre-existing conditions or any to increase childhood immunization may be enrolled into the Healthy other reason. rates. Mothers, Healthy Children Program. All families contribute according to How would employers be affected by They would receive comprehensive their ability to pay and receive a pre- this bill? Experience from the last Con- health care coverage and 40 percent of mium subsidy, ranging from 99 percent gress demonstrates that the issue of the cost would be subsidized. The fam- to 5 percent, based on a sliding scale of the role of employers in health care re- ily would pay a maximum of $1,830 per income. There is a cap on annual fam- form is extremely difficult to resolve. I year for total medical expenses for the ily medical expenses and a required $5 propose that employers who drop cov- mother and child. copayment for most services, except erage of employee-dependent children Now let’s look at a lower income, sin- for preventive services. as a result of this Act must pay a tem- gle parent family at 100 percent of pov- The legislation is based on a manage- porary (5-year) annual maintenance of erty with two children under 7, the par- ment by objectives approach: States effort fee equivalent to 50 percent of ent works part time and the family is and health plans are given maximum health coverage costs for their employ- covered by Medicaid. In this case, the flexibility to determine how they will ees’ children. To discourage dropping of children would be automatically en- meet program objectives, but are also coverage, families whose coverage is rolled into the Healthy Mother, fully accountable for results. States de- dropped by their employers are not eli- Healthy Children program. Under this velop and administer the program, and gible for the program for 6 months. program, the choice of provider, qual- are evaluated on an annual basis re- In my legislation, there is a strong ity of care, and coordination of care garding their progress in achieving pro- emphasis on prevention. Up to 5 per- would improve. Ninety percent of the gram objectives. cent of trust monies can be used to cost of the coverage would be sub- State funds are matched by Federal fund activities by States and nonprofit sidized, and the family would pay a funds at a rate based on the State per organizations to improve the health of maximum of $80 per year for total med- capita income that is more generous mothers and children. Eligible activi- ical expenses for both children. than the State’s current Medicaid ties include: supporting school-based Finally, what about higher income matching rate. The average Federal clinics, increasing the use of tele- families? Let’s consider a family at 500 matching rate for all States is 80 per- communications and computer tech- percent of poverty with two children cent with a maximum matching rate of nology to increase health care access, under 7, one parent works in a large 90 percent. supporting biomedical and health-re- company that provides family coverage Health services in the Healthy Moth- lated research, enhancing core public but does not cover the children’s pre- ers, Healthy Children Act are provided health functions, and supporting existing conditions. This family may S 8506 CONGRESSIONAL RECORD — SENATE June 15, 1995 elect to stay with their coverage or en- prehensive, high quality health care cov- average rate of inflation or health care ex- roll their children into the Healthy erage is available through the establishment penditures for children and a similar index Mothers, healthy Children program. of state-based programs for all children and for pregnant women. The Secretary may con- The children would receive comprehen- for all uninsured pregnant women; and to fa- sider state-specific waivers to this require- cilitate access to health services, strengthen ment on an annual basis if the state can sive health coverage including for pre- public health functions, enhance health-re- demonstrate that extenuating circumstances existing conditions. The family would lated research, and support other activities within the state caused unavoidable in- also receive a 5 percent premium sub- that improve the health of mothers and chil- creases in the cost of health services to chil- sidy, and pay a maximum of $6,000 per dren. dren and pregnant women, and that the state year for total medical expenses for the TITLE 1—NATIONAL HEALTH TRUST FUND FOR has considered all reasonable strategies to mother and child. MOTHERS AND CHILDREN control costs, including, but not limited to, working with certified plans to control costs, TOWARD A HEALTHY FUTURE FOR OUR NATION Sec. 101. Establishment reducing administrative costs, restructuring Mr. President, I am introducing this Amends subchapter A of chapter 98 of In- the state program, and minimizing fraud and bill today as a starting point for dis- ternal Revenue Code of 1986. abuse. cussions towards a bipartisan bill to PART II—HEALTH CARE TRUST FUNDS Sec. 2702. State Trust Funds and Matching ensure that the most vulnerable mem- Sec. 9551. National Health Trust Fund for Contribution bers of our society have a chance to Mothers and Children Each state shall establish its own state lead productive lives regardless of the Establishes the National Health Trust trust fund (or in the case of regional pro- circumstances of their birth. I urge all Fund for Mothers and Children to support grams, a regional trust fund) in which allo- of my colleagues who are concerned state-based programs that ensure affordable, cated federal funds and matching state funds with our Nation’s future to join me and comprehensive, high quality health care cov- shall be deposited. States are allowed to de- further develop my proposal. erage for all children, and for all uninsured posit additional funds into their trust fund at any time, but these state funds shall not As Congress revisits health care re- pregnant women. Transfers into the Trust Fund shall in- be subject to federal matching unless they form this year, it is likely that we will clude: (1) revenue from an increased tobacco are deposited for the purposes specified in agree to at least provide for portability tax, (2) shifting of funds from the Medicaid sections 2732, 2735, and 2753. Monies from the of coverage for employed individuals program, (3) designation of overpayments on state or federal trust funds may be used only and limit exclusions for pre-existing tax returns and charitable contributions, for activities directly related to the provi- conditions. These insurance reforms and (4) savings from duplication of services sion of health services or other activities will improve access for some, but such or functions of existing federal programs. specifically covered by this Act. Monies from reforms unfortunately fall far short of Expenditures from the Trust Fund shall in- the Trust Fund shall be transferred directly clude: (1) funding state-based programs to to the state’s trust fund on an annual basis what we should and can do to expand cover children and pregnant women; (2) up to and the states shall deposit their matching coverage for children and pregnant 5% of Trust Fund monies for awarding grants funds on an annual basis. The annual trans- women. We can do better. to states, universities, and other nonprofit fer of funds to the states is contingent on a There is a health care crisis in this organizations for activities to improve the satisfactory annual evaluation of the state’s country. Should we accept a society health of mothers and children; and (3) up to program and approval of the state’s annual where children in many neighborhoods 0.2% of the annual revenue from the in- plan by the Secretary as specified in section have better access to drug and hand- creased tobacco tax to fund activities at the 2731. guns than to doctors? A society that Office of Smoking and Health, Centers for Each participating state is required to match federal funds to the state trust fund ensures health care for all prisoners Disease Control and Prevention to prevent the use of tobacco products by children and at a rate determined by a formula developed but does not extend that guarantee to to coordinate federal and state tobacco con- by the Secretary that takes into account all children? trol initiatives. each State’s annual per capita income. The I recognize that health care reform is TITLE 2—HEALTHY MOTHERS, HEALTH CHILDREN Secretary shall ensure that: 1) each State’s complex. We must move cautiously and PROGRAM matching requirement is more generous for the State than the State’s matching require- incrementally. A sensible approach is Sec. 201. Establishment and Allocation of Funds to start by at least ensuring that every ment under the Medicaid program at the Amends the Public Health Service Act (42 time of the approval of the State program, 2) child under seven and all uninsured USC 201). pregnant women have affordable, com- the average State matching requirement for TITLE XXVII—HEALTHY MOTHERS, HEALTHY all States is $2 for every $8 of Federal funds prehensive, high quality health care CHILDREN PROGRAM under the allocation (average Federal coverage. Sec. 2700. Establishment of Program matching rate for all States of 80%), and 3) In accepting the Republican nomina- no State shall have a matching requirement States that wish to participate in this pro- tion for President in 1928, Herbert Hoo- less than $1 for every $9 of Federal funds gram must establish a state program to pro- under the allocation (maximum Federal ver said ‘‘* * * the greatness of any na- vide for or cover comprehensive, high qual- matching rate of 90%). tion, its freedom from poverty and ity health services for eligible individuals. crime, its aspirations and ideals are States may elect to accept a donation of PART A—ALLOCATION OF FUNDS funds, services, or equipment toward a state the direct quotient of the care of its Sec. 2701. Allocation of Funds to program under this Act from individuals and children.’’ And that ‘‘* * * there should Participating States the private sector. However, the state shall be no child in America that is not born For the first two years, the amount of ensure that donations from individuals and and does not live under sound condi- funds allocated to each participating state for-profit entities do not result in a conflict tions of health * * *’’ will be determined by the Secretary of of interest in terms of the state giving pref- Sixty-seven years later, we are the Health and Human Services, hereafter re- erence to the individual or entity related to only developed Nation that does not ferred to as the Secretary, based on three the award of contracts for a federal or state ensure that all children and pregnant factors: the estimated number of eligible health program. women have health coverage as part of children under seven years, the number of Sec. 2703. Excess and Insufficient Funds in national maternal and child health pol- uninsured pregnant women in the state, and Trust Funds icy. I know we can do better. a geographic adjustment factor that is de- In the case that monies exist in the Trust pendent on the average cost of health care in There is a saying that children will Fund that are not transferred to participat- the state. In subsequent years, to encourage ing states or awarded for activities under treat us as they have been treated. I enrollment of all eligible persons, alloca- this Act, such monies shall remain in the urge that we, our society, start treat- tions to each state shall also be based on the Trust Fund and be available for use in subse- ing them well. number of persons enrolled in the state pro- quent years. In the event that there exists a Mr. President, I ask unanimous con- gram in the previous year (the greater the surplus of monies in a state trust fund, such sent that a summary of the bill be number of eligible persons enrolled in the monies do not need to be transferred back to printed in the RECORD. previous year, the greater the funds to the the Trust Fund. However, such surplus state There being no objection, the mate- state). monies must be used to expand eligibility to rial was ordered to be printed in the After the first two years of funding to par- older children. ticipating states, the annual per capita allo- In the case that there exist insufficient RECORD, as follows: cation to the states shall be increased each monies in the Trust Fund, or it is expected HEALTHY MOTHERS, HEALTHY CHILDREN ACT year up to an amount as determined by a for- that insufficient funds will exist, in any OF 1995 mula, calculated and established annually by given year to fully transfer to the states the Purpose.—Amends the Public Health Serv- the Secretary. The formula shall be based on amount ordinarily allocated by the Sec- ice Act to ensure that affordable, com- an index that reflects the estimated national retary, then the National Advisory Council June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8507 for Mother’s and Children’s Health as estab- cially designed health care system for such imposed for doing so. Families shall be given lished under section 2742, and to be referred children. the opportunity to enroll their newborn be- to hereafter as the Council, shall recommend Pregnant women who are enrolled in Med- fore or at the time of delivery (through the to the Secretary, within 60 days of the Coun- icaid at the time of full implementation of hospital or birthing center). In order to cil’s discovery, strategies for correcting the this Act in their state of residence shall be avoid a surcharge, newborns must be en- discrepancy. The Council may choose to rec- automatically enrolled in the respective rolled into the program prior to their birth, ommend additional sources of revenue for state program under this Act. Pregnant within 30 days of their birthdate, or during the Trust Fund, adjusting the state match- women who are eligible for health services the open enrollment period. ing requirements under section 2702, adjust- under the Department of Defense, the Indian Upon enrollment application, the family ing the range or nature of health benefits Health Service, the Department of Veterans’ shall indicate their choice of certified plan. provided under section 2721, adjusting the Affairs, and other federally sponsored health The period of enrollment shall not be less cost sharing requirements for families under plans are not eligible under this Act. than one year for a child, and in the case of sections 2725–2728, decreasing grants awarded In the case where an individual elects or is a pregnant woman, the period shall be for under Part F, or other measures as deemed automatically enrolled in a state program the duration of her pregnancy and eligible appropriate by the Council. In consultation under this Act, all privileges (such as choice post-partum period. Families with enrolled with the Council, the Secretary shall submit of certified plans) and responsibilities (such children in a certified plan may freely elect implementing legislation to Congress, within as payment of premiums or copayments) ac- to change plans during the next open enroll- 60 days of the Council’s recommendations, corded to their families or themselves under ment period. Families with enrolled children for correcting the problem. this Act shall apply. may also change plans outside of the open In the event that a state does not have suf- Sec. 2712. Eligible Health Plans and enrollment period but the state shall impose ficient monies in the state trust fund to Providers a substantial surcharge, to be determined by meet its obligations during a given year, the the state, for doing so. However, there shall All health plans and providers who are li- state may petition the Secretary for addi- be no surcharge for families with enrolled censed and credentialed, or otherwise legally tional monies and the Secretary shall make children or pregnant women if the change of authorized by their state, to provide the a decision for funding or a loan from the certified plans is due to the family moving health services specified under this Act, Trust Fund within 90 days of the petition. to another area not served by the current under the respective rules and regulations of However, the Secretary shall not transfer plan, in the case of a plan withdrawing from their state, are potentially eligible to par- any additional funds to the state if it is de- a market area, or for other justifiable and le- ticipate in the state program if they meet all termined that the state mismanaged funds, gitimate reasons as determined by the state. relevant state and federal requirements failed to prevent foreseeable fiscal problems, A pregnant woman may enroll at any time under this Act. or failed to control fraud and abuse. after the diagnosis of pregnancy is confirmed SUBPART II—ENROLLMENT PART B—ELIGIBILITY AND ENROLLMENT by a physician or qualified health profes- Sec. 2715. Enrollment of Eligible Persons sional, or she may enroll in order to confirm SUBPART I—ELIGIBILITY her pregnancy. Women who plan to become Sec. 2710. Eligibility of Individuals Families with eligible children may enroll their children during a national open enroll- pregnant may also enroll in the program, but The following groups are eligible under ment period as defined by the Secretary. covered benefits are available only after the this Act: Congress shall designate this one-month pe- pregnancy is confirmed by a physician or 1. All children under seven years of age re- riod as National Healthy Mothers, Healthy qualified health professional. gardless of income or insurance status, plus Children’s Month. There shall be no waiting period for cov- older children (up to 21 years) as the Sec- Participating states shall establish a sys- ered health services; access to services shall retary or states expand eligibility as funds tem for enrolling eligible children and preg- be effective immediately at the time of en- are available. nant women that minimizes barriers to en- rollment application. All applicants shall be 2. All pregnant women, regardless of in- rollment. The application process shall be presumed to be eligible until the state has come, who are not insured through their own reasonably convenient, efficient, and avail- determined otherwise. Certified plans must employer or their family’s employer. How- able through a wide range of methods. At a provide covered health services to any preg- ever, pregnant women who have employer- minimum, enrollment shall be available nant woman or child who has not been en- based coverage, but do not have coverage for through the mail, telephone (via a toll free rolled in a certified plan under this Act and pregnancy-related health benefits, shall also number), and in person. who reasonably appears to be of an eligible be eligible. (The 1978 Pregnancy Discrimina- Enrollment materials shall be available age until such time that the state has noti- tion Act, which applies to employers who from health care providers, health provider fied the plan that the applicant is not eligi- have 15 or more employees and requires that organizations, hospitals, health clinics, and ble under this Act. In these cases, however, any health insurance provided to employees at facilities that provide health and nutri- an application for enrollment in the certified must cover expanses for pregnancy-related tion services to children and women, and plan must be submitted by the pregnant conditions on the same basis as expenses for from local and state government health of- woman or on behalf of the child during the other medical conditions, shall remain in ef- fices. The Secretary, in consultation with initial point-of-service visit. The state shall fect.) the states and representatives of certified impose a surcharge, to be determined by the 3. Legal residents or United States citizens plans, shall develop the essential data ele- state, for enrollment at the point-of-service. only. States may elect to extend eligibility ments for a standardized enrollment form States may elect to directly compensate to other residents, but no federal funds shall and it shall not be more than one page in plans for services delivered to persons who be used to provide for such coverage. length. However, additional data collection are subsequently deemed ineligible, or allow An individual is not eligible under this pro- instruments for the purposes of program as- plans to factor in the estimated costs of pro- gram if he/she was covered under an em- sessment and improvement may be allowed viding services to such persons in their rate ployer-based health plan and coverage was as long as they are not a requirement for en- negotiations with the state. dropped by the employer within the six- rollment. Waivers to any enrollment surcharge may month-period prior to the individual’s appli- States shall process enrollment applica- be obtained from the state if the applicant cation. tions and give a final decision on the appli- can demonstrate that he/she was out-of-state Sec. 2711. Election of Eligibility cation to the family and relevant plan with- during the open enrollment period or for Children who are eligible for or receive in 30 days of application submission. Ap- other unavoidable and legitimate reasons as health services from the Department of De- proval of the application shall be dependent determined by the state, including, but not fense (military medicine or the Civilian on eligibility and income verification and limited to, sudden loss of health coverage Health and Medical Program of the Uniform must occur within 30 days. Upon approval, due to unemployment, divorce, and financial Services (CHAMPUS)), the Indian Health the state shall notify the family and rel- crisis. Service, or the Department of Veterans’ Af- evant plan of the family’s expected annual Sec. 2716. Transition from Eligibility fairs, may continue to use such services or premium contribution, the first payment of When a child enrolled in a certified plan elect to enroll in a certified plan under this which must be received by the plan or the reaches the end of an enrollment period on Act. state within 30 days of application approval. the day of or after attaining his/her seventh All age-eligible children who are enrolled Income verification mechanisms and require- birthday, he/she shall no longer be eligible in Medicaid at the time of full implementa- ments shall be developed by the state. States for premium subsidies under this Act. How- tion of this Act in their state of residence may elect to waive income verification re- ever, the child’s health plan in effect imme- shall be automatically enrolled in the re- quirements for families who are already sub- diately prior to the individual attaining his/ spective state program under this Act. In the ject to similar requirements under other her seventh birthday must continue to pro- case of an age-eligible child in state-super- state or federal programs or in other situa- vide coverage indefinitely, at the discretion vised care or a child who does not live with tions deemed to be appropriate by the state. of the child’s family, for as long as the full his/her parents, the child shall be enrolled in Children may also be enrolled by their unsubsidized premium and copayments are a plan by the state agency or guardian that family at any time outside of the open en- paid. There shall not be any exclusion of cov- has been awarded temporary or permanent rollment period, but a late enrollment sur- erage for pre-existing conditions. In addi- custody of the child unless there is a spe- charge, to be determined by the state, will be tion, if the individual’s family elects to leave S 8508 CONGRESSIONAL RECORD — SENATE June 15, 1995 the current health plan for another plan or and older are eligible on a national basis or funds are not used for such additional cov- for an employer-provided plan that provides in a state within two years of the develop- erage. similar benefits to employee dependents, the ment of the initial benefits package. During the first two years of the imple- plan or employer must accept the individual Certified plans operating under this Act mentation of this Act, the items and services into the plan and is not allowed to exclude shall cover or provide the comprehensive in the comprehensive benefits package shall coverage for any pre-existing conditions. health services as specified by the Secretary. not be subject to any duration or scope limi- A woman shall no longer be eligible for Certified plans may not offer any plan to eli- tation. In addition, there shall be no cost health benefits under the program two gible individuals under this Act that does sharing that is not required or allowed under months after the end of pregnancy. If the not cover or provide for all the benefits spec- this Act. In subsequent years, however, the woman was covered under a health plan or ified by the Secretary. However, certified Secretary, in consultation with selected pro- employer-based plan (without pregnancy-re- plans may offer additional plans that have fessional organizations and the Council, may lated benefits) immediately prior to her en- more generous benefits than those specified implement utilization or other limitations rollment in the state program, her previous by the Secretary. on covered benefits on a national basis if plan and employer must readmit her into the In the case where the State has determined such limitations are deemed to be absolutely plan with no exclusions for pre-existing or that no participating health plan is able to necessary for the solvency of the program pregnancy-related conditions at a cost com- provide for or cover all the services in the and Congress fails to authorize and appro- parable to what she had paid prior to her en- comprehensive benefits package, or the priate additional monies to the Trust Fund. rollment in the state program. State has determined that certain services However, alternatives to decrease program costs such as minimizing administrative Sec. 202—Comprehensive Health Benefits and are most effectively delivered by providers costs, increasing cost sharing requirements, Cost Sharing Requirements other than participating health plans, then the State may elect to develop an alter- and increasing federal or state funding shall Amends title XXVII of the Public Health native mechanism, such as entering into be considered before limitations on covered Service Act. agreements with other providers, to provide benefits are considered. In no case, however, PART C—COMPREHENSIVE HEALTH BENEFITS for or cover specific services. In all cases, shall preventive services in the benefits AND COST SHARING REQUIREMENTS however, the State must ensure that all package be subject to such limitations. Certified plans need not provide coverage SUBPART 1—COMPREHENSIVE HEALTH BENEFITS services covered under the comprehensive for health services that are greater in fre- Sec. 2721. Comprehensive Health Benefits benefits package are of high quality and are fully coordinated and integrated. quency than that specified in recommended Package periodicity schedules, to the extent they are Within 180 days of enactment of this Act, Sec. 2722. General Categories of Health specified under section 2721. However, cer- the Secretary, in consultation with specific Benefits tified plans must cover any health services, health care professional and health-related At a minimum, the following general cat- within the general scope of the comprehen- organizations, shall develop a specific com- egories of health services shall be provided sive benefits package, that are medically prehensive benefits package for children and for or covered by certified plans participat- necessary or appropriate for children and pregnant women based on the general groups ing under this Act: pregnant women. of benefits outlined in section 2722. The Sec- For children, from birth up to seventh Nothing in this Act shall be construed as retary shall determine the organizations birthday (or end of enrollment period after limiting the ability of states or certified that will be consulted in development of the birthday): preventive services (including im- plans from providing additional health serv- benefits package. At a minimum, the Amer- munizations as recommended by the Advi- ices not covered by this Act, as long as fed- ican Academy of Pediatrics, the Association sory Committee on Immunization Practices eral funds are not used to pay for such addi- of Maternal and Child Health Programs, and (ACIP), well baby/child care, routine exams tional services. However, a certified plan the American Dental Association shall be and check ups, recommended screening tests, may provided for extra contractual services consulted in developing the benefits package dental prophylaxis and exams, preventive and items determined to be appropriate by for children, and the American College of Ob- health counseling and health education); am- the plan and individual (or family). stetricians and Gynecologists and the Asso- bulatory care; laboratory services; prescrip- Nothing in this Act shall be construed as ciation of Maternal and Child Health Pro- tion drugs; inpatient care; vision, audiology limiting the ability of individuals to obtain grams shall be consulted in developing the and aural rehabilitative, and other rehabili- additional health services that are not cov- benefits package for pregnant women. To the tative services (including prescription eye- ered by the benefits package as long as fed- extent possible, periodicity schedules for glasses, hearing aids); durable medical equip- eral funds are not to pay for such services. preventive services shall be specified in the ment (including orthotics, prosthetics); den- In the interest of ensuring that all children benefits packages. tal care (excludes orthodontic care); mental in the United States receive comprehensive As a guide for development of the com- health and substance abuse services; long- health services, employer-based, self-insured, prehensive benefits packages for children term and chronic care services; special and other health plans not participating and pregnant women, the Secretary shall en- health care services for children with dis- under this Act, are encouraged to, but are sure that the specific comprehensive benefits abilities or chronic health conditions; occu- not required to, provide comprehensive bene- packages are consistent with the following pational, physical, and respiratory therapy; fits to children and pregnant women similar ‘‘floor’’ and ‘‘ceiling’’: The actuarial equiva- speech-language pathology services; inves- to those specified in this Act. lent of the specific comprehensive benefits tigational treatments (limited to participa- SUBPART II—COST SHARING REQUIREMENTS packages must exceed the average actuarial tion in a clinical investigation as part of an Sec. 2725. Principles of Cost Sharing equivalent of health benefits offered to the approved research trial as defined by the All families who participate under this Act children and pregnant women by all states Secretary. Services or other items related to shall contribute towards the cost of their under the Medicaid program on the date of the trial normally paid for by other funding own or their child’s health care. There shall enactment of this Act. In addition, the actu- sources need not be covered.) be two types of costs for individuals partici- arial equivalent of the specific comprehen- For pregnant women, from diagnosis of pating in a state program: a premium and sive benefits packages shall not exceed the pregnancy through 60 days after the end of copayments. There are no deductibles al- actuarial equivalent of health benefits pro- pregnancy: maternity care (including pre- lowed under this Act. vided to children and pregnant women in the natal, delivery, and postpartum care, includ- The following schedules for determining specifics state(s) with the most generous ing preventive services such as routine premium subsidies, copayments, and maxi- Medicaid benefits package for these popu- exams and check ups, recommended immuni- mum annual family contributions are in- lations on the date of enactment of this Act. zations and screening tests, family planning tended as a guide for participating states. In addition to developing the specific bene- services, preventive health counseling in- States may elect to develop their own spe- fits package, the Secretary, in consultation cluding nutrition and health education); am- cific cost sharing requirements as long as with selected health professional organiza- bulatory care; laboratory services; prescrip- they are consistent with the principles that tions, shall determine which types of serv- tion drugs; inpatient care; inpatient hospital all participating families contribute towards ices shall be subject to utilization and nonhospital delivery services; mental the program and all families receive pre- copayments under section 2727. At a mini- health and substance abuse services; any mium subsidies, all families pay the same mum, preventive services shall be exempt other pregnancy- or nonpregnancy-related copayment for services, and coverage is af- from any utilization copayment. health condition; investigational treatments fordable for all income levels. In addition, The benefits packages shall be reviewed (limited to participation in a clinical inves- state cost sharing schedules shall not result and revised as necessary every two years by tigation as part of an approved research trial in any overall funding obligations to the fed- the Secretary in conjunction with relevant as defined by the Secretary. Services or eral government in excess of that based on professional organizations and the Council. other items related to the trial normally the cost sharing schedules specified in this Revision of the benefits packages shall be paid for by other funding sources need not be Act. In all participating states, the annual consistent with changes in the age group of covered.) family contribution under this Act shall not eligible children, standard medical practice, States may elect to extend comprehensive be less than $10 per child and $20 per preg- new technologies, emerging health problems coverage or coverage of selected health serv- nant woman. and health care needs. The benefits package ices to pregnant women beyond the two- States may not require additional cost may be revised immediately if children seven month postpartum period as long as federal sharing for families with annual incomes less June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8509 than 150% of the federal poverty level that Percentage come at 250% of the federal poverty level exceed the cost sharing amounts specified in subsidy ($37,875 in 1995), would contribute a maxi- this title. States may elect to provide addi- Annual income (% FPL): mum of $1,220 annually (i.e., $610 2=$1,220). A tional premium or copayment subsidies for <50 ...... 99 family of six with four children enrolled and families whose income is less than 400% of <100 ...... 90 an annual family income at 250% of the fed- the federal poverty level if there are suffi- 150 ...... 80 eral poverty level ($50,675 in 1995), would con- 250 ...... 40 cient funds in the state trust fund and no ad- 350 ...... 15 tribute a maximum of $2,196 annually ($610 2 ditional federal monies are used for such ad- >=400 ...... 5 1.8=$2,196). ditional subsidies. For example, if the annual premium nego- For families with a pregnant woman, the Participating states, in conjunction with tiated by the state with a certified plan is maximum annual family contribution to- certified plans, shall monitor the impact of $500 per child, a family of four with two chil- wards health care (inclusive of premiums and cost sharing requirements (premiums and dren enrolled and an annual family income copayments for the pregnant woman) for copayments) on low income families and en- at 250% of the federal poverty level ($37,875 each pregnant woman, shall be capped ac- sure that any cost sharing requirements are in 1995), would contribute $600 (i.e. $1000— cording to the following scale based on ad- not significant barriers that prevent such $1000(.40)=$600). justed annual family gross income: families from enrolling in a certified plan or Annual Income (% FPL and Maximum Con- from obtaining medically appropriate care. Sec. 2727. Utilization Copayments tribution Per Woman: An analysis of the impact of cost sharing on There shall be a $5 copayment for selected low income families shall be presented to the services or items covered by this Act as des- < 50, $20. Secretary in the State’s annual quality as- ignated by the Secretary under section 2721, 50–149, $30 increased by $10 for each 10% in- sessment and improvement plan specified in which is payable to the certified plan. Pre- crease in annual income in excess of 49%. section 2741. ventive services are exempt from 150–299, $220 increased by $100 for each 10% copayments. increase in annual income in excess of Sec. 2726. Premiums and Premium Subsidy In addition to plans with a standard $5 149%. All families are responsible for paying copayment, a state may also choose to offer 300–399, $1,820 increased by $200 for each 10% their portion of the premium to enroll into a plans that have higher copayments and increase in annual income in excess of certified plan. Premium payments are pay- lower annual premiums. However, the pre- 299%. able directly to the plan or the state (as mium subsidy for a family who selects a high >=400, $5,000. elected by the state) on a monthly, quar- copayment plan shall not be greater than The following are examples of maximum terly, or other basis. Upon final approval of that calculated for the plan with a $5 utiliza- family contribution per pregnant woman at an enrollment application, states shall tion copayment. In all cases, the copayment various income levels. transfer funds directly to certified plans for amount shall be the same for all income lev- Maximum the amount of the premium subsidy cal- els and the minimum copayment amount contribution culated for each individual enrolled. shall be $5. per woman All families, regardless of income, shall re- Utilization copayments are waived by the Annual Income (% FPL): ceive a subsidy on their premiums. The an- plan after a family’s annual contribution (in- nual premium amount to be paid by families cludes premiums and copayments) has ex- < 50 ...... $20 to the plan is the annual per capita premium ceeded the maximum annual family con- 100 ...... 80 negotiated by the state with each certified tribution. 150 ...... 220 plan minus the premium subsidy provided by Sec. 2728. Maximum Annual Family 250 ...... 1,220 Contribution the state. In no case shall the annual pre- 350 ...... 2,820 mium subsidy be greater than the annual For families with children, the maximum >=400 ...... 5,000 premium negotiated with the plan. annual family contribution towards health In the case where multiple certified plans care (inclusive of premiums and copayments) For example, for a family of four with one are available in a geographic area or a cer- for each child shall be capped according to pregnant woman and one child enrolled with tified plan offers additional benefits package the following scale based on adjusted annual an annual family income at 250% of the fed- options at additional cost, the premium sub- family gross income: eral poverty level ($37,875 in 1995), the maxi- sidy shall be calculated based on the lowest Annual Income (% FPL and Maximum Con- mum annual family contribution would be priced certified plan that is available in the tribution Per Child $1,220 + $610=$1,830. area. Families shall be responsible for any < 50, $10. These maximum family contribution caps costs not covered by the premium subsidy as 50–149, $15 increased by $5 for each 10% in- shall be in effect for the first two years of a result of enrolling in higher priced plans. crease in annual income in excess of 49%. the program. In subsequent years, the maxi- In addition, any such premium amounts that 150–299, $110 increased by $50 for each 10% in- mum annual contribution shall be adjusted result from the selection of higher priced crease in annual income in excess of upwards annually to the nearest $5 indexed plans shall not be credited toward the maxi- 149%. directly to the indexes used by the Secretary mum annual family contribution amounts 300–399, $960 increased by $150 for each 10% to calculate funding allocations to the states under section 2728. increase in annual income in excess of under section 2701. In the case where the calculated annual 299%. The premium contribution or copayments premium contribution for a family after ap- >=400, $3,000. assessed for families under this Act shall not plying the appropriate premium subsidy ex- The following are examples of maximum be subject to any increase during the one- ceeds the maximum annual family contribu- family contribution per child at various in- year-period of enrollment until the subse- tion, the difference shall be paid by the state come levels. quent open enrollment period. However, the directly to the plan. Maximum amount of the premium subsidy and maxi- In the case of a single eligible individual contribution mum annual family contribution assessed enrolled, the percentage of the annual pre- per child may be adjusted during the one-year-period mium subsidy shall apply to the individual Annual Income (% FPL): of enrollment before the subsequent open en- annual premium, and, in the case of multiple < 50 ...... $10 rollment period, if the family can dem- eligible individuals enrolled from one family, 100 ...... 40 onstrate a sufficient decrease in income that the premium subsidy percentage shall be ap- 150 ...... 110 allows them to receive a larger premium plied to the total annual family premium. 250 ...... 610 subsidy. The premium contribution for the The annual premium subsidy percentage is 350 ...... 1,710 family shall then be recalculated based on based on the following scale of adjusted an- >=400 ...... 3,000 the larger premium subsidy for the remain- nual family gross income as a percentage of The above caps represent the maximum an- der of the period up to the next open enroll- federal poverty level (FPL): nual family contribution for a family with ment period. Families must apply directly to one child. Maximum contribution for fami- the state for income reconciliation adjust- Annual Income (% FPL) and Percentage Sub- lies with two children are double the above ments and each family shall be limited to sidy: amounts. For a family with three children one income reconciliation adjustment on <50, 99%. enrolled, the maximum annual family con- their cost sharing amounts per year. In cases 50–149, for each 10% point increase in FPL, tribution shall increase by an additional 40% where premium subsidies have been subject decrease subsidy by 1.5% points. beyond the cap for a family with two chil- to income reconciliation, the state shall ap- 150–299, for each 10 % point increase in FPL, dren. For a family with four or more chil- propriately adjust its payments to the re- decrease subsidy by 4% points. dren enrolled, the maximum annual family spective plan. 300–399, for each 10% point increase in FPL, contribution shall increase by an additional Sec. 203. State Program Development and decrease subsidy by 1.5% points. 80% beyond the cap for a family with two Administration <400, 5%. children. The following are examples of premium For example, a family of four with two Amends Title XXVII of the Public Health subsidies at various incomes. children enrolled and an annual family in- Service Act. S 8510 CONGRESSIONAL RECORD — SENATE June 15, 1995

PART D—STATE PROGRAM DEVELOPMENT AND the state is the direct payer for services. Congress that legislation be passed to expand ADMINISTRATION However, such structures must be as effec- the program to cover additional age groups Sec. 2731. Application and Date of tive in meeting the program objectives and with appropriate additional federal funding. Implementation containing program costs as the structure States that do not qualify as special status states under section 2732 may also petition States that wish to participate in the pro- described in this title. States shall be al- to expand their program to cover additional gram must implement their coverage for lowed to establish a state-specific program age groups in their annual evaluation report children and pregnant women under this Act or establish regional programs with neigh- to the Secretary, if sufficient funds are by January 1, 2000. However, states may boring states. available in the state’s trust fund or if addi- elect to implement their program as early as Sec. 2732. Special Status States tional state funds are deposited into the January 1, 1996. If a state considers that their existing state’s trust fund. Additional state funds de- States intending to participate in this pro- health care program has achieved, or is ex- posited into the state fund for the purposes gram may submit their initial five-year stra- pected to achieve within one year, afford- of expanding eligibility to older children in tegic plan to the Secretary at any time after able, comprehensive, high quality care cov- the state not eligible on a national basis the enactment of this Act. The Secretary, in erage for all children under seven and preg- shall be matched by monies from the Trust consultation with the Maternal and Child nant women, the state may petition the Sec- Fund on an equal basis (1.1 state/federal Health Bureau, shall provide specific guid- retary to designate it as a special status ratio) if the Secretary approves the expan- ance to the states on the elements of an ac- state in their initial five-year strategic plan. sion petition. Such expanded eligibility pro- ceptable plan within 90 days of the enact- In addition, states participating under this grams, however, must be consistent with the ment of this Act. At a minimum, the initial Act that have achieved this objective may requirements and guidelines under this Act. plan must describe the current health status petition for special status in their annual The approved expanded eligibility compo- of the target population, short- and long- quality assessment and improvement plan nent of the state program shall be considered term health objectives with time schedules, after the first year of state program imple- for funding only after funds for all partici- performance and outcome measures and mentation. For the purposes of this section, pating states with approved programs cover- mechanisms for monitoring health indica- a state will be considered as fulfilling the re- ing the regular target population (children tors, details of the proposed structure, com- quirements for special status if the state can under seven and pregnant women) and ap- parative analyses of at least one alternative demonstrate that at least 95% of all eligible proved expanded eligibility programs of spe- structure considered, and cost estimates. In children and pregnant women in the state cial status states are allocated. The Sec- addition, the strategic plan must outline are covered either by the state program or retary shall give a final decision on a state how coverage for all eligible persons can be other sources of health insurance. request for expanding eligibility within 90 achieved within five years under the pro- Special status states so designated by the days of receiving the state petition. posed structure. In the case that a State pro- Secretary may submit proposals to expand poses a structure that is different from that health services for children under seven Sec. 2736. Failure of State to Administer a described in this title, the plan must include years and pregnant women or to expand com- Program in Compliance with Title a comparative analysis of the State’s pro- parable coverage for health services for older If the Secretary has determined that a par- posed structure and the structure described children up to age 21. Funding for expanded ticipating state’s program has failed to meet in this title, including an analysis of eligibility programs shall be subject to the the program guidelines in this Act, including achievement of the objectives of this title respective state federal matching require- cost containment and the prevention and and program costs. ment under section 2702. Proposals from spe- control of fraud and abuse, the state must The initial plan may incorporate elements cial status states shall receive the same pri- demonstrate that it has made a reasonable required under current state Title V program ority for funding as non-special status effort to address the deficiencies or the Sec- applications. If the plan is not accepted, the states. Any expanded eligibility programs, retary may elect to directly administer, or Secretary shall work with the state to im- however, must be consistent with the re- enter into agreement with a non-state gov- prove it and give specific guidance on how to quirements and guidelines under this Act. ernment organization to administer, the achieve an acceptable plan. The Secretary The Secretary shall make a final decision on state program. Premiums and copayments must give a final decision on the proposal the state petition for special status within 90 for federal or non-state government adminis- within 90 days of receiving the state submis- days of receiving the state proposal. tered programs shall not be greater than sion. States with plans that are not approved Sec. 2733. States with Medicaid Waivers those ordinarily charged by a state adminis- may submit another initial strategic plan in States that have Medicaid waivers under tered program. The budget for running the the following year. sections 1115 or 1915 of the Social Security federal or non-state government adminis- Not later than 90 days after the date of en- Act are eligible to be a participating state tered program shall not be greater than that actment of this title, the Secretary, in con- under this Act. Such states that elect to par- ordinarily allocated to the state. Under a sultation with the Maternal and Child ticipate shall be subject to all program federal or non-state government adminis- Health Bureau, shall develop and make guidelines and responsibilities that apply to tered program, the state must continue to available specific criteria that will be the non-waiver states. States with Medicaid provide matching funds at the respective basis for evaluation and approval of state waivers may also elect to petition for des- state: federal matching ratio. strategic plans. ignation as a special status state if it quali- Sec. 2737. Limits on State and Federal Regardless of the proposed structure, the fies as such under section 2732. Administrative Costs state program must be likely to ensure af- Sec. 2734. Development Grants for State States and the Secretary shall ensure that fordable, comprehensive, high quality health Programs. administrative complexity and costs of pro- care coverage for all children under seven Upon approval of a state’s initial five-year grams under this Act are minimized to the years and pregnant women within a reason- extent possible. Administrative costs for able time period. In addition, the proposed strategic plan under section 2731, the Sec- retary shall make a one-time program devel- state programs shall not exceed 5% of the program must offer the comprehensive bene- annual budget for any given year subsequent fits package specified in section 2721, be con- opment grant available from the Trust Fund to the state for a period not to exceed two to the first two years of the program. The sistent with the principle that all families state shall be responsible for any administra- contribute towards their own or their chil- years. The amount of funds distributed to each state shall be based on a formula devel- tive costs in excess of 5%. Similarly, the ad- dren’s health care, have a quality assessment ministrative costs for federal or non-state and improvement program and utilization oped by the Secretary. Such funds may be used only for the purposes of developing and government administered programs shall not review program under section 2743, fulfill exceed 5% of the annual budget for any given health information systems requirements implementing the approved proposed state program including the development of com- year subsequent to the first two years of the under sections 2744–2745, and have a program program. for preventing and controlling fraud and munity-based health networks and plans. abuse under section 2746. There is no requirement for states to match PART E—ENSURING QUALITY, ESTABLISHING IN- Participating states shall, at a minimum, federal development grant funds. FORMATION SYSTEMS, AND PREVENTING offer a program consistent with the guide- Sec. 2735. Expansion of Eligibility ABUSE lines and principles outlined in this Act. Every two years after the enactment of Sec. 2741. Annual Quality Assessment and States must consider a program similar in this Act, the Secretary, in consultation with Improvement Plans structure to that described in this Act, but the Council, shall determine if sufficient Subsequent to the approval of the initial are encouraged to be innovative and may public support and funds exist to expand eli- strategic plan, participating states in coordi- propose structures or a blend of structures gibility coverage to additional groups of nation with existing state Title V health for their program that are different from children up to 21 years of age. If the Sec- programs, shall submit a quality assessment that described in this Act. Such structures retary has determined that sufficient public and improvement plan to the Secretary on may include, but are not limited to, modi- support and monies exist in the Trust Fund an annual basis. The Secretary, in consulta- fications of existing state or federal pro- to expand coverage to additional age groups tion with the Maternal and Children Health grams, capitated programs, fee-for-service on a national basis, then he/she must do so. Bureau, shall provide guidance on the ele- programs, subsidy programs for individual If public support exists but funds are insuffi- ments of an acceptable annual quality as- purchase of insurance, and programs where cient, then the Secretary may recommend to sessment and improvement plan within 180 June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8511 days of the enactment of this Act. At a mini- pacity for more than one term. In the case Sec. 2744. National Health Information mum, the plan shall include an assessment of that a member does not complete a full Systems for Mothers and Children the state’s progress toward ensuring cov- term, the Secretary shall appoint a replace- Within one year of enactment of this Act, erage for all eligible persons, cost contain- ment, subject to Senate confirmation, to the Secretary shall implement the National ment, assurance of quality care, impact on serve the remainder of the term. Health Information System for Mothers and the health status of the target population The Council shall meet on a regular basis, Children. The Secretary, in consultation (including outcome measures and process ob- not less than four times a year, to review the with states and representatives of certified jectives), a financial statement, and pro- operations of the program and to make spe- plans, the Agency for Health Care Policy Re- posed changes to the state program. The Sec- cific recommendations to address identified search, the Health Resources and Services retary shall give feedback and make a final problems. The Council may elect to appoint Administration, the Centers for Disease Con- decision on proposed modifications to the professional or technical task groups, as nec- trol and Prevention, other agencies or non- state program within 90 days of receiving the essary, to carry out specific functions if ap- government organizations as deemed fit by state’s evaluation and quality improvement propriate expertise is not sufficient in the the Secretary, shall develop the specific data plan. Evaluations of the state program by Council. The Council shall submit a sum- elements and operating procedures for a na- the Secretary shall be based on an assess- mary of their activities, analyses, and eval- tional information system. ment of the performance of the state pro- uation of the program with their rec- Data from the information system shall be gram in meeting program objectives rather ommendations for program improvement to used for the purposes of: Monitoring and than on the specific methods used to achieve the Secretary on an annual basis. The Sec- evaluation of certified plans, monitoring the such objectives. retary shall provide all necessary logistic, health status of the population; supporting Sec. 2742. Establishment of National Advi- administrative, and financial support to the core public health functions; increasing ca- sory Council for Mothers’ and Children’s Council. Council members shall be com- pacity for health policy and program evalua- Health pensated for each day spent on official Coun- tion, planning, and research; quality assess- The National Advisory Council for Moth- cil business and reimbursed for official trav- ment and improvement activities; improving ers’ and Children’s Health, to be referred to el and business expenses. Compensation shall provider coordination and access to care; and hereafter as the Council, shall be established not exceed the maximum rate of basic pay other purposes related to the public health. to advise the Secretary regarding the admin- for level IV of the Executive Schedule under States shall require that each certified istration of and modifications to programs section 5315 of title 5, U.S. Code. health plan submit the requested data in under this Act. In cases where the Council and the Sec- electronic form under the guidelines estab- The Council shall have the responsibility retary irreconcilably differ on major policy lished by the Secretary. The Secretary shall for evaluating programs under this Act and related to programs under this Act or the develop and freely distribute computer soft- advising the Secretary on improving the Council has evidence that the Secretary is ware that will allow states and certified health of children and pregnant women. The not fulfilling his/her responsibilities under plans to efficiently collect and transmit the Council evaluates and makes recommenda- this Act to ensure affordable, comprehensive, requested data. States and certified plans are tions in the following areas: covered bene- high quality health care coverage for all eli- not required to use such software if they can fits; cost sharing; allocation and manage- gible individuals, the Council may elect to fully comply with the data collection and re- ment of funds; eligibility and enrollment is- issue a report to Congress. porting requirements with their own infor- sues; standards and responsibilities of cer- mation system. Sec. 2743. Establishment of National Quality To ensure privacy of medical information, tified plans, of the states, and of the federal Assessment and Improvement Program government; quality improvement programs; the Secretary and the states shall implement Guidelines and Utilization Review Pro- safeguards against unauthorized access to development of practice guidelines; informa- gram Guidelines tion systems and reporting requirements; medically confidential information, and pen- general program administration; and any Within one year of the enactment of this alties shall be developed under section 2746 other relevant areas identified by the Coun- Act, the Secretary, in consultation with rel- for such violations. Applicable state laws cil. As part of its evaluation, the Council evant government and non-government orga- that protect medical confidentiality shall shall provide an assessment of the impact of nizations as determined by the Secretary, also apply to data collected under this Act programs under this Act on the health status shall develop national guidelines for quality excepting such laws that interfere with the of children and pregnant women. assessment and improvement programs and uses of the data as specified in this Act. The The Council shall be comprised of 11 indi- national utilization review guidelines for state is responsible for ensuring reporting of viduals, appointed by the Secretary within 90 certified plans under this Act. At a mini- data from certified plans and transmitting days of the enactment of this Act, confirmed mum, the National Committee on Quality the data from all plans within the state to by the Senate, who were not employed by Assurance, the National Association of In- the Secretary. Data collected by certified the federal government within the one-year surance Commissioners, private health care plans shall be available to the plan, and data period prior to their appointment. Members accreditation organizations, representatives collected by the state shall be available to of the Council shall represent pediatricians, of certified plans, and relevant maternal and the state. States shall use these data and obstetricians, and other health care provid- child health care professional organizations other information as deemed relevant by the ers, consumers, health policy experts, state shall be consulted. The quality assessment state as the basis for their monitoring and and local government health officials, public and improvement guidelines should be con- evaluation of certified plans. health and maternal and child health profes- sistent with the concepts and principles of Certified plans must use the standards es- sionals, experts in population-based health Continuous Quality Improvement/Total tablished by the Secretary and the state for information systems, experts in health pro- Quality Management (CQI/TQM). The na- all relevant administrative, financial, qual- motion and disease prevention, health care tional guidelines shall be specific for pedi- ity improvement, and public health activi- managers and economists, medical ethicists, atric and maternal health care delivery sys- ties covered under this Act. The Secretary representatives of the health care industry, tems to the extent possible. The guidelines and states shall ensure that any similar data and other related disciplines as deemed ap- shall be flexible and adaptable, and serve as reporting requirements for certified plans propriate by the Secretary. The ratios of af- the basis for each certified plan’s quality as- under other state and federal health pro- filiations may vary, but no less than three sessment and improvement program and uti- grams are integrated with those established members shall be health care providers and lization review program. under this Act to the extent possible. In ad- no less than three members shall represent At a minimum, certified plans must ensure dition, the Secretary and states shall ensure consumers (members representing health that the following attributes are incor- that the resources and time required for cer- care providers or consumers must be dif- porated into a utilization review program: tified plans to comply with the Secretary’s ferent individuals). After the initial appoint- The utilization review program is clearly and state’s information standards are rea- ment of consumer representatives, subse- documented; only qualified licensed or cer- sonable and not excessive. quent consumer representatives must be tified health professionals with training/ex- Any state law that requires medical or from families currently enrolled in a cer- perience in pediatric or obstetrical care are health records, including billing informa- tified plan under this Act. used for specific case utilization reviews; tion, to be maintained in written, rather Members of the Council shall be appointed persons involved in specific case utilization than electronic, form shall be satisfied if on the basis of their experience and exper- review do not have a financial interest or in- such records are maintained in a manner tise. No member shall have a substantial fi- centive to deny or limit utilization; descrip- consistent with the information system nancial interest in the issues addressed by tions and protocols for utilization review are standards developed by the Secretary in this the Council. Each member shall be appointed disclosed to enrollees, affiliated providers, section. for a two year term and six of the initial and appropriate state officials upon demand Sec. 2745. National Childhood Immunization Council members shall be appointed to three while protecting proprietary business infor- Database year terms. No member may serve more than mation; criteria for review must be based on To reduce missed opportunities for immu- two complete terms. The Secretary shall ap- sound scientific principles and standard med- nization with the goal of 100% age-appro- point one chairperson and one vice chair- ical practice; and there is a mechanism for priate immunization coverage for children, person of the Council for a term of two regular evaluation and modification of the the Secretary shall establish a National years. No chairperson shall serve in that ca- program. Childhood Immunization Database as part of S 8512 CONGRESSIONAL RECORD — SENATE June 15, 1995 the National Health Information System for veloped in recognition of the differences Sec. 2752. Eligibility and Application Process Mothers and Children. The database shall among the various types of health plans and To be eligible for funding, states must be a contain up-to-date information regarding be applicable to all health plans. participating state under this Act, and uni- childhood immunization on every child en- Any funds recovered or fines collected re- versities and other nonprofit organizations rolled in a certified plan under this Act. This lated to fraud and abuse shall be deposited in must be located in a participating state. database would ensure that current immuni- the trust fund of the state where the fraud There shall be a single application procedure zation information is available on a real and abuse occurred. Funds recovered on a na- for all grants awarded under this title. time basis to health care providers who need tional or regional level shall be apportioned Sec. 2753. Matching of Federal Funds and the information to access appropriate immu- by the Secretary among the states involved. State Maintenance of Effort nizations. Information in this database shall Any certified plan, health care provider, or There is a matching of federal funds re- be accessible to the child’s enrolled plan other individual or entity participating in a quirement for grants awarded under this electronically or by toll free telephone. If state or federal program under this Act, that title. States, universities, and nonprofit or- the child presents to a certified plan other has been found guilty of fraud or abuse, shall ganizations shall match federal funds on a than his/her enrolled plan, the presenting not be allowed to continue or renew a con- 1:9 basis (States or other applying entities plan or public health authorities may access tract with a state or federal government pro- shall provide $1 in funding for every $9 in fed- the child’s immunization record if it is need- gram under this Act, or otherwise partici- eral funds). Matching funds may be in cash ed to assess the need for appropriate immu- pate in a program under this Act, for a pe- or in kind such as equipment, facilities, per- nization. Certified plans shall ensure that riod not less than five years, unless there is sonnel, or services. Private sector funds may electronic immunization records are brought compelling reason to allow such participa- be solicited to partially or fully subsidize up-to-date as required under the guidelines tion (e.g., in the case where the plan or pro- matching funds on behalf of states, univer- developed by the Secretary and the state. vider is the only source of services in an sities, and nonprofit organizations. All certified plans participating in a State area) as determined by the Secretary. program under this title and all other health States receiving grant awards under this plans not participating under this title but Sec. 204. Grants to Improve the Health of title shall also be subject to a maintenance located in a participating State under this Children and Pregnant Women of effort requirement that the state main- title and providing 10,000 or more childhood Amends title XXVII of the Public Health tains a level of state funding for the activity immunizations per year, shall participate in Service Act. covered by the grant award that is at least the National Childhood Immunization Sec. 2751. Establishment of Program and equal to the level in the year previous to the Database. Eligible Activities grant award for the duration of the grant Nothing in this title shall be construed as award. preempting existing state or federal statues Authorizes the Secretary to use monies in the Trust Fund to award grants to states, Sec. 2754. Development of Priority Areas and regarding disease reporting or reporting of Funding Criteria other health-related data to local, state, and universities, and other nonprofit organiza- Within 180 days of this Act’s enactment, federal health authorities. However, in the tions, for the following purposes: increasing the Secretary shall develop a five-year stra- design of the National Health Information capacity of the primary care health system; System for Mothers and Children, the Sec- developing and enhancing enabling services; tegic plan that outlines the national prior- retary and the states shall integrate existing increasing access to health services in rural ities for maternal and child health, including health data reporting requirements with the and underserved areas (including the use of priority areas for funding, short- and long- proposed system to the extent possible. telecommunications and computer tech- term objectives, specific criteria for deter- Within one year of enactment of this Act, nology such as telemedicine and information mining merit of funding proposals, standards the Secretary shall establish penalties for systems); supporting school-based health for monitoring and evaluating funded activi- unauthorized use of data collected under the programs; enhancing core public health func- ties (including outcome and performance requirements of this Act, including the sale tions of state and local health departments; measures), and administrative procedures for or transfer of data for commercial use or use supporting health promotion and disease pre- processing proposals. In addition, the strate- of data for illegal activities. vention, including population- and commu- gic plan should specifically review existing federal programs related to maternal and Sec. 2746. Prevention, Monitoring, and nity-based health assessments and interven- child health and develop national priorities Control of Fraud and Abuse tions; supporting biomedical, social science, health policy, and public health research; for research, population-based activities, and Within 180 days of the enactment of this other activities outlined in section 2751. Act, the Secretary and the U.S. Attorney supporting pediatric- and maternal-specific quality assessment and outcomes research to In determining the evaluation criteria for General shall establish a federal program funding proposals, the Secretary shall con- and develop state guidelines for preventing, improve health plan and program account- ability including quality assessment of serv- sider the following attributes: technical and monitoring, and investigating fraud related scientific merit, relative need of the popu- to this program. The duties of the federal ices for children with disabilities and chron- ic health conditions; development and imple- lation or geographic area targeted, potential program include assisting states in monitor- positive impact of activity on advancing the ing and control of fraud and abuse, and in- mentation of clinical practice guidelines; and other purposes related to improving the goals of the Healthy People 2000 objectives, vestigating and prosecuting individuals and innovation in program design and cost effec- certified plans whose activities cross state health of children and pregnant women. All funded activities must be primarily tiveness, application of current scientific lines. and medical knowledge, integration with ex- Within 180 days of the enactment of this targeted, but need not be exclusively tar- isting similar health programs or research, Act, the Secretary and the U.S. Attorney geted towards children (under 21 years) or quality control and program accountability, General shall submit to Congress a legisla- pregnant women. and other attributes deemed to be relevant tive proposal for civil and criminal penalties All grant proposals will be evaluated on a by the Secretary. for fraud and abuse or other violations by in- competitive basis. The Secretary shall en- dividuals and certified plans related to any sure, however, that at least 50% of funds Sec. 2755. Coordination and Integration of aspect of this Act unless such penalties are awarded annually to states, universities, or Funded Activities already specified in this Act. organizations within a specific state, support The Secretary shall ensure that the func- Prior to transfer of federal funds to a activities that are not directly related to the tions of funded activities are fully integrated state, the state health department and state delivery of health care services, such as re- and coordinated with similar existing feder- attorney general shall establish a system for search, public health, community health, ally funded activities, and the states shall preventing, monitoring, and investigating and health promotion and disease prevention ensure that funded activities are fully inte- fraud and abuse that occurs within the state. activities. grated and coordinated with similar state The state program must have the authority The Secretary may elect to designate ex- and locally funded activities. to prosecute individuals or certified plans for isting Department of Health and Human To ensure coordination of related activi- criminal activities. This state program shall Services agencies to administer the grants in ties and programs within the state, univer- also solicit consumer feedback, investigate this title. However, the Secretary shall en- sities and other nonprofit organizations that complaints and assist in the resolution of sure that any monies transferred from the apply for funds under this section must ini- consumer complaints against certified plans. Trust Fund are only used to support grant tially submit their proposal to the state for Such a state system may be integrated with awards under this title, there is a full ac- review and comment before submitting the existing systems for controlling Medicaid counting of such monies, and that there is proposal to the Secretary. Proposals submit- fraud and abuse. The state system shall have maintenance of effort regarding current fed- ted to the Secretary shall be accompanied by a formal mechanism for sharing information eral grant funding for maternal and child the state’s comments and the submitting or- and working with its federal counterpart. health activities. In addition, the Secretary ganization’s response to the state’s com- The state system shall submit an annual re- shall ensure that all federally-funded activi- ments. All proposals must describe existing port summarizing its activities to the pro- ties related to material and child health are similar programs in the targeted community gram established by the Secretary and the coordinated and integrated to the extent and describe how the proposed program will U.S. Attorney General. possible, and that such activities are consist- be coordinated and integrated with existing Federal or state guidelines developed and ent with the strategic plan outlined by the similar programs, including state Title V implemented under this section shall be de- Secretary in section 2754. maternal and child health programs. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8513 Sec. 2756. Annual Budget amount negotiated by the state under this the elements of an acceptable annual evalua- The total annual budget for such grants Act to be the full premium. Other than au- tion and quality improvement plan. The shall not exceed 5% of the total federal funds thorized copayments, there shall not be any state may use the annual evaluation and transferred into the Trust Fund in that year. additional charges for covered services. quality improvement plan as the basis for Not exclude coverage or deny care for any Sec. 205. Responsibilities of Families, Certified recertification of plans. pre-existing conditions, congenital condi- Plans, Employers, States and the Federal Gov- Establish a program for consumer feedback tions, or genetic predispositions to condi- ernment and resolution of consumer complaints that tions that are covered by the comprehensive includes specified time frames for decision. Amends Title XXVII of the Public Health benefits package. The program shall be clearly documented Service Act. Ensure that a choice of primary care pro- and made available to all enrollees. PART G—RESPONSIBILITIES OF FAMILIES, CER- viders is available, and that primary care In consultation with local health depart- TIFIED PLANS, EMPLOYERS, STATES, AND THE and preventive services are readily available ments and maternal and child health pro- FEDERAL GOVERNMENT and convenient to all plan members within grams under title V of the Social Security Sec. 2761. Responsibilities of Families the geographic area served, and that emer- Act, establish, support, or substantially par- Families with uninsured children under gency services are available on a 24-hour ticipate in a community-based maternal and/ seven years of age and uninsured pregnant basis, seven days a week. or child health program in the coverage area women are responsible for: enrolling their Establish a program for credentialing and served by the plan. age-eligible children or themselves into a performance monitoring of providers. In ad- Comply with any other relevant state or certified plan; paying their share of pre- dition, adequate health provider to enrolled federal regulations miums and copayments; and assuming an ac- ratios shall be established. In order to minimize regulatory burden Provide strong, comprehensive preventive tive role and participating in the health care and potentially duplicative standards and health and patient education services. system to ensure that their children receive regulations, a certified plan shall be consid- Ensure that the special health needs of appropriate, high quality health care. ered as fulfilling a requirement or complying children with disabilities or chronic health with a standard under this Act, if the plan is Sec. 2762. Responsibilities of Certified Plans conditions are adequately met. If sufficient already meeting an existing state or federal All certified health plans participating in capacity to deliver health services for such requirement or standard that has been state programs under this Act shall: be cer- children do not exist within the certified deemed to be identical or at least as effec- tified by their state and fulfill all require- plan, including pediatric specialty and sub- tive as that specified under this Act, by the ments for such certification or specialty care, the plan must enter into state or the Secretary (as appropriate). recertification and participate in a national agreements with such providers or facilities The requirements and guidelines specified open enrollment period and allow for point- to provide appropriate care. in this Act shall not apply to health plans of-service enrollment. To the extent that such resources or serv- that do not participate in a state program In the case of families who have at least ices are not available within the plan, pro- under this Act, and shall not apply (unless one eligible child enrolled in the plan and vide access to an integrated child and mater- the plan elects for such requirements to other children who are not eligible under nal health care network, which consists of a apply), to the care and treatment of individ- this Act due to age limitations, also offer op- network of providers who together can pro- uals in the plan who are not enrolled in the tional family enrollment for additional older vide for the full continuum of health care, state program under this Act. children who are not eligible under this Act including preventive, primary, secondary, Sec. 2763. Responsibilities of Employers as a reasonable cost. (The premium subsidy, tertiary, rehabilitation, chronic and long- Under this Act, employers shall: in the however, shall be calculated based on the term care, home care, and hospice care. This case of an employer who provides health ben- prorated portion of the premium assessed for network must specifically include access to efits to pregnant women, not drop such cov- the eligible children. The family shall be re- pediatric and maternal specialty and sub- erage as result of this Act; and in the case of sponsible for the portion of the family pre- specialty care. In areas covered by the plan, an employer who provides health benefits to mium amount in excess of that ordinarily as- the plan shall enter into cooperative agree- employee dependents under seven years of sessed for the eligible children under this ments with providers or facilities to provide age, not drop such coverage unless the em- Act.) the continuum of care if resources to provide ployer agrees to pay the temporary mainte- In the case of a family that has at least such care are not available within the plan. nance-or-effort fee specified in section 2771. one eligible child enrolled in the certified If medically-indicated subspecialty care is The employer is restricted from dropping plan and one or more other children who are not available within the geographic area, the such coverage until 180 days after the imple- eligible for health services under Medicaid plan shall provide transportation to the mentation date of the State program. but not eligible for coverage under this title, nearest appropriate facility. offer health services under Medicaid for such Cover emergency care obtained in out-of- Sec. 2764. Responsibilities of States other children in the family. area or out-of-state facilities as long as the Under this Act, participating states shall: Not discriminate against persons during health condition was certified to be an emer- Develop and submit an approved initial marketing, enrollment, or provision of serv- gency by the attending physician or could five-year strategic plan and annual evalua- ices based on pre-existing conditions, genetic have been reasonably assumed to be an emer- tion and quality improvement plans to the predisposition of health conditions, medical gency by the family; and cover deliveries of Secretary. history, expected utilization of services or newborns at nonhospital facilities in areas Develop a process for certifying and re-cer- health expenditures, race, ethnicity, na- where such facilities are available. tifying health plans under this Act. The cri- tional origin, religion, age (within the eligi- Make a reasonable effort to provide lan- teria for certification shall include, but are ble age group), gender, income, or disability. guage translation services in areas where not limited to, an evaluation of minimum The plan must accept any applicant who is languages other than English are relatively capital requirements, solvency require- eligible within the geographic area served by common. ments, and other standards related to finan- the plan and may not deny enrollment to Implement disincentives (e.g., high cial stability, premium rating methodology, any eligible person except on the basis of copayments) for inappropriate use of emer- quality of services provided by the plan, and documented plan capacity. In addition, in gency rooms for nonemergency care; and ability of the plan to provide required serv- the case of currently enrolled individuals provide incentives (e.g., reduced premiums, ices. Certified plans shall be re-certified at who are re-enrolling in the plan, such per- premium rebates, additional services) for en- least once every four years and when the sons cannot be denied re-enrollment even on rollees and their families to follow medical plan has undergone significaticant changes the basis of plan capacity. and public health recommendations for im- such as a merger or other changes as deter- Not use excessive pressure, misleading ad- munizations, prenatal care, health behav- mined by the state. vertising or marketing, or other unethical iors, or other preventive health guidelines. Establish a system whereby the state shall practices to coerce or discourage certain per- Implement an information system to col- solicit and evaluate proposals from all inter- sons or groups from enrolling into the plan lect and report data as specified in sections ested certified plans operating in the state, or disenrolling from the plan. 2744 and 2745; implement a quality assess- and enter into cooperative agreements with Establish a system for collecting pre- ment and improvement program and utiliza- certified plans. In order to maximize the miums and copayments; not drop an individ- tion review program as specified in section choice of plans in an area, states shall ensure ual from the plan except in cases of failure 2743; and within the guidelines developed by that any certified health plan that fulfills all to pay for premiums or copayments, fraud the state, submit an annual evaluation and state and federal requirements and guide- and abuse, or withdrawal of the health plan quality improvement plan, including an lines under this Act, and is otherwise in good from the market. The plan must notify the evaluation of the plan’s cost containment standing with the state, is allowed to par- state of its intention to drop an enrolled in- measures, assurance of quality care, impact ticipate in the state program. In addition, dividual not later than 60 days before dis- on the health status of the enrolled popu- states may elect to enter into risk and/or continuing the enrollee’s coverage. lation (including outcome measures and profit sharing agreements with all or se- Not impose a waiting period before cov- process objectives), a financial statement, lected certified plans. States may elect to erage begins and provide for and cover all proposed changes in premium rates, and implement rate margin provisions in their health benefits as specified under sections other relevant changes to the plan. The state agreements with certified plans such that, at 2721 and 2722, and shall consider the premium shall provide guidance to certified plans on the end of a contract period, certified plans S 8514 CONGRESSIONAL RECORD — SENATE June 15, 1995 would be reimbursed by the state if incurred be determined by the state. The majority of Develop a specific comprehensive benefits costs exceeded anticipated costs, and states state council members, however, must be package as specified in section 2721; develop could recover excess premiums from the plan comprised of health care providers and con- national guidelines for quality assessment if incurred costs are less than anticipated sumers. and improvement programs and utilization costs at the time of rate negotiation. Develop and implement standards for dis- review programs as specified in section 2743; Implement risk adjustment methods, rein- semination of consumer information pro- and develop and implement the National surance mechanisms, or other mechanisms vided by certified plans, provide consumers Health Information System for Mothers and to ensure that state payments to specific with comparative information on certified Children and the National Childhood Immu- certified plans are reflective of the expected plans during the open enrollment period as nization Database as specified in sections utilization or expenditure rates of its enroll- requested, and set up hotlines and other 2744 and 2745. ees and to protect specific certified plans mechanisms to assist consumers. Standards Review, prioritize, integrate, and coordi- that enroll a disproportionate share of per- for consumer information must address serv- nate federally funded material and child sons who are expected to have higher than ices for children with special health care health programs as specified in sections 2754, average utilization or expenditure rates. needs. States shall approve all advertising or 2755, and 2773. Ensure that the plans’ premium rating other marketing materials from participat- In conjunction with the US Attorney Gen- methodologies are well documented, actuari- ing plans to ensure that such materials do eral, establish a system for preventing, mon- ally sound, and minimize large variations in not contain misleading or false information, itoring, and controlling fraud and abuse as annual premium rates; and directly reim- and that the content of the material does specified in section 2746. burse each certified plan for the state’s por- not selectively encourage or selectively dis- Devleop and administer the grants pro- tion of the negotiated premium for enrolling courage certain groups of persons from en- gram to support states, universities, and eligible children and pregnant women. rolling in or disenrolling from the plan. nonprofit organizations for the purposes of Ensure that the premiums negotiated with States may elect to contract with non-gov- improving the health of mothers and chil- each certified plan applies for all eligible ernment entities to perform these functions. dren as specified in 2751. children and applies for all eligible pregnant States shall ensure that decisions regarding Sec. 2766. Responsibilities of the US women who enroll in the plan; negotiate the approval of advertising or other market- Attorney General with certified plans discounted premiums for ing materials are made in a reasonable time In conjunction with the Secretary of HHS, families with multiple children (i.e., if the frame and are based on consistently applied establish a system for preventing, monitor- premium for a family with a single child en- criteria as determined by the state. ing, and controlling fraud and abuse as speci- rolled is $100, the premium for a family with Establish a mechanism for consumer feed- fied in section 2746. two children enrolled shall be less than $200); back, collection of complaints, filing of and ensure that negotiated premium rates grievances, and assist in the resolution of Sec. 2767. Responsibilities of the Secretary of fairly compensate certified plans for their complaints against certified plans. Establish Agriculture services, but that such rates do not result in at least one alternative dispute resolution Establish and administer the Tobacco Al- excessive profits by plans. mechanism for malpractice claims filed by ternatives Trust Fund as specified in section Offer families a choice of certified plans to persons enrolled in a certified plan. 9512 the extent possible as long as at least one Address deficiencies in enabling services to Sec. 205. Existing Programs managed care plan for children is available ensure access to health services among un- Amends title XXVII of the Public Health to all eligible children regardless of geo- derserved areas or populations; and ensure Service Act. graphic location. that primary care services are accessible by PART H—IMPACT ON EMPLOYERS AND EXISTING May use financial or other incentives to public transportation in municipalities that PROGRAMS encourage adequate coverage of rural and have a public transportation system. undeserved areas. For a period not less than five years, en- Sec. 2771. Impact on Employers Develop and implement an open enroll- sure that health facilities that provide care Employers are encouraged to, but not re- ment system during the national open en- to large numbers of children, pregnant quired to, provide or continue to provide rollment period consistent with the guide- women, children with special health care comprehensive health services to their em- lines specified in section 2715; and implement needs, or low income persons, including non- ployees’ dependent children. In participating an outreach program to maximize enroll- investor-owned hospitals, community health states, employers who provide health bene- ment of eligible individuals. centers, school-based health clinics, rural fits for an employee’s dependent children at Ensure that certified plans accept any ap- health clinics, and local health departments, the time of enactment of this Act and drop plicant who is eligible within the geographic are able to participate fully in the state pro- their coverage of all children or children area and do not discriminate or use coercive gram, are adequately reimbursed for their under seven years after the enactment of or unethical practices to encourage or dis- services, and are able to enter into agree- this Act, shall be subject to a temporary an- suade enrollment into their plan. ments with certified plans. In cases where nual maintenance of effort fee, which will be In determining or approving the bound- such providers are not affiliated with a cer- deposited into the Trust Fund. The fee will aries of coverage areas for certified plans, tified plan, the state may encourage such be equivalent to 50% of the estimated annual ensure that the coverage areas are consist- providers to form their own certified plan. cost of providing comprehensive coverage for ent with the anti-discrimination standards Enter into agreements with bordering all employee-dependent children. The annual specified in section 2762, and that such states to ensure that persons who need to fee shall be in effect for a period not to ex- boundaries do not result in plans avoiding travel across state borders for medically nec- ceed five years. enrollment of persons who are expected to essary health services that are otherwise not In no case, however, shall the employer have higher than average rates of utilization accessible may do so without penalty. drop such coverage until 180 days after the or expenditures. May elect to implement laws to take legal implementation date of the respective state Impose a surcharge for persons who enroll action against families who fail to enroll program. Employers shall not selectively outside of the regular open enrollment pe- their children or who fail to pay premiums drop coverage for specific employee-depend- riod as specified in section 2715; and monitor, for children under their care who require ent children who have, or are expected to evaluate, and address the potential barriers, medical treatment for a health condition. have, higher than average utilization or including cost sharing requirements, that Establish a system for preventing, mon- health care costs. Employers who provide may prevent certain families, especially low itoring, and controlling fraud and abuse as pregnancy-related benefits for their employ- income families, from enrolling in the state specified in section 2746. In addition, estab- ees and dependents shall continue to do so program or from obtaining health services lish a system to prevent and address any after the implementation of this Act. (The after enrollment. conflicts of interest on the part of the state Pregnancy Discrimination Act of 1978 would Develop a mechanism to assist families or its designated representatives regarding remain in effect.) Funds from the temporary who cannot temporarily pay for premiums or the award, management, or evaluation of employer maintenance of effort fee shall be copayments due to unexpected shortfalls in contracts with certified plans, ensure that transferred by the Treasury of the United income; in the case of fee-for-service plans, certified plans are in compliance with state States into the Trust Fund. the state must use pediatric- and maternal- and federal guidelines under this Act. specific prospective payment schedules for Sec. 2772. Impact on Medicaid the reimbursement of services. Such sched- Sec. 2765. Responsibilities of the Secretary of In participating states, children under ules shall be negotiated between providers, HHS seven years and pregnant women who are en- plans, and the state. Establish and administer the Trust Fund rolled in Medicaid shall be automatically en- Ensure that any relevant health services as specified in Part A; approve, evaluate, and rolled into the respective state program provided by local and state health depart- monitor state programs as specified in Parts under this Act, and all health benefits, in- ments are integrated and coordinated with D and E; provide states with technical and or cluding long-term and chronic care services the state program under this Act; and estab- other assistance; establish, appoint, and sup- for children with disabilities or chronic lish a state advisory council analogous to port the Council as specified in section 2742; health conditions, shall be received under the national council under section 2742, ex- and establish and coordinate the national the state program. States may elect not to cept that the composition, organization, and open enrollment period as specified in sec- shift long-term and chronic care services for other guidelines for the state council shall tion 2715. children with disabilities or chronic health conditions into the state program under this June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8515 Act, if the state can demonstrate that doing Adjusted family gross income—means the Poverty level—means the income official so would significantly compromise the qual- sum of all adjusted gross income of all fam- poverty line (as defined by the Office of Man- ity of care for such children. However, states ily members of the child or pregnant women agement and Budget, and revised annually in that elect not to shift long-term and chronic involved in the most recent tax year. In the accordance with section 673(2) of the Commu- care services into the state program under case of a pregnant woman, such term also in- nity Service Block Grant Act (42 USC 9902(2)) this Act must develop health care coordina- cludes the adjusted gross income of the preg- applicable to a family of the size involved. tion plans that integrate the various sources nant woman. Tobacco alternatives trust fund—means of health services for such children in con- Advisory council—means the National Ad- the trust fund established under section 9512 sultation with state Title V maternal and visory Council for Mother’s and Children’s of the Internal Revenue Code of 1986. child health programs. States may also elect Health established under section 2742. Trust fund—means the National Health to establish a transitional period to gradu- Certified plan—means the agreement en- Trust Fund for Mothers and Children estab- ally phase in children with disabilities or tered into by an organized health care entity lished under section 9551 of the Internal Rev- chronic health conditions into the state pro- to cover or provide specified health care enue Code of 1986. services under State and Federal guidelines gram. Sec. 2782. Authorization of Appropriations Federal Medicaid payments to states to- under this title. Organizations that may From the Trust Fund, the Department of wards the care of children under seven and enter into such agreement shall include Health and Human Services and the Depart- pregnant women in effect at the time of en- health maintenance organizations, preferred ment of Justice is hereby authorized such actment of this Act shall be shifted to the provider organizations, point-of-service sums as may be necessary for each of the fis- Trust Fund. Except for the state-federal plans, fee-for-service plans, indemnity insur- cal years 1996 through 2000 to develop and matching requirements specified in sections ance plans, hybrids of such plans, and any implement the requirements of this Act. 102 and 503, there is no additional mainte- other organized health care entities that ful- nance of effort required on the part of the fill the requirements of this title. Sec. 208. Unlawful Use of Tobacco Products Child—In general means an individual who states’ Medicaid contribution towards the Manufactured for Export has not attained the age of 21. References in care of the targeted group. this title to a child shall be construed to Amends section 2341 of title 18 USC. There is no impact on the Medicaid pro- mean, in the case of a State program that Any person or business entity who illegally gram for noneligible children seven years of does not have an expanded access compo- purchases, sells, distributes, or smuggles (or age and older under this Act. Applicable fed- nent, an individual under 7 years of age and, assists in these activities), tobacco products eral guidelines and payments to the state to- in the case of a State program that offers an that are manufactured in the US and des- wards the care of these children shall remain expanded eligibility component, an individ- ignated for export only shall be subject to a in effect. States are required to maintain ual under 21 years of age. fine of $10,000 or an amount equal to five their effort towards the Medicaid program Comprehensive benefits package—means times the tax imposed under this Act, in ad- for children who are not eligible under this either the benefits package for children or dition to any taxes ordinarily assessed for Act. There is no impact on the Medicaid pro- the benefits package for pregnant women, as such tobacco products. Any equipment or ve- gram for states that do not participate under the case may be, developed by the Secretary hicles (includes ships, aircraft, motor vehi- this Act. under section 2721. cles, etc.) used to illegally transport export- Sec. 2773. Integration of Health Services and Core public health functions—means the designated tobacco products in the US shall Impact on Existing Federal and State Gov- following: (A) The collection and analysis of be confiscated and deemed to be the property ernment Health Programs public health-related data and the technical of the US. Any penalties recovered from suc- Every two years after the enactment of aspects of developing and operating informa- cessful prosecution of these illegal activities, this title, the Secretary, in consultation tion systems. (B) Activities related to pro- including the proceeds from sale of related with the Maternal and Child Health Bureau, tecting the environment and ensuring the equipment and vehicles, shall be transferred shall review all federal maternal and child safety of workplaces, food, and water. (C) In- to the Trust Fund. health programs. Participating states, act- vestigation and control of adverse health TITLE III—FINANCING PROVISIONS conditions and exposures to individuals and ing through a single designated lead agency, Sec. 301. Increase in Taxes on Tobacco Products in consultation with state health programs the community. (D) Information and edu- Amends section 5701 of IRS Code 1986. authorized under Title V of the Social Secu- cation programs to prevent adverse health rity Act, shall review state-funded programs conditions. (E) Accountability and health Sec. 5701. Rate of Tax that provide health services to children care quality improvement activities. (F) The Federal excise taxes on cigarettes offered under seven and pregnant women to ensure provision of public health laboratory serv- for sale in the US shall increase over the ex- that these programs are integrated and co- ices. (G) Training for public health profes- isting tax ($0.24/pack) by $1.50/pack. There ordinated with the services covered by this sionals. shall also be an equivalent tax increase for (H) Health care leadership, policy develop- Act. If the Secretary determines that spe- smokeless tobacco products calculated on an ment, coalition-building, and administrative cific functions performed by federal health equivalent retail unit basis (e.g., $1.50 in- activities. (I) Integration and coordination programs under review are duplicated or crease per package of chew tobacco and simi- of prevention programs and services of made extraneous by the benefits provided lar increase per tin of snuff). In addition, an health plans, community-based providers, under this Act, then the Secretary may rec- equivalent increase shall apply to cigars, government health agencies, and other gov- ommend to Congress that the federal pro- cigarette papers, cigarette tubes, or other ernment agencies that affect health includ- products that are used to ‘‘roll your own’’ gram, or portions of the program, be elimi- ing education, labor, transportation, welfare, cigarettes. The total federal excise tax shall nated or reduced. The most recent year ap- criminal justice, environment, agriculture be indexed to the CPI in subsequent years propriation for the program or portion of the and housing. (J) Research on effective and and recalculated on an annual basis. program shall be transferred to the Trust cost-effective public health practices. Fund. Similarly, states shall deposit any Enabling services—means community out- Sec. 302. Assistance to States Adversely savings from duplicated state-funded serv- reach, health education, transportation, lan- Impacted by Tobacco Tax ices to the state-specific trust fund (this does guage translation, and other services that fa- Amends subchapter A of chapter 98 of the not apply to the state contribution to the cilitate or otherwise assist eligible individ- Internal Revenue Code of 1986. Medicaid program). uals to receive health service provided under Sec. 9512. Tobacco Alternatives Trust Fund In all cases, however, the Secretary and this title. the states shall ensure that federal Title V Family—means a pregnant woman residing To minimize the potential economic im- funds and matching state funds are retained alone or a group of two or more individuals pact of the increased tax on tobacco farmers within existing programs to meet the needs who reside together in the same housing and tobacco industry workers, the Tobacco of children over seven years, and eligible unit. Such individuals may be related (such Alternatives Trust Fund is established at the children and pregnant women who do not as parent and child) or unrelated (such as time of enactment and shall exist for a pe- participate in the state program under this guardian and foster child) individuals. In the riod not to exceed five years. Every year, 2% Act, to perform core public health functions, case of children who do not reside with their of the annual federal revenue from the in- to coordinate care for children with special parents, such term may also include individ- creased tobacco tax will be deposited into health care needs, and otherwise to meet uals (such as family friends) or entities (such the Tobacco Alternative Trust Fund. Monies needs identified through Title V needs as- as government agencies) that have primary from this Fund shall be allocated on an an- sessments consistent with Healthy People responsibility for the health and welfare of nual basis by the Secretary of Agriculture to 2000 objectives. the child. states adversely affected by the tobacco tax. Sec. 207. General Provisions Information system—means the National States that are significantly impacted by Amends title XXVII of the Public Health Health Information System for Mothers and the tax shall develop an initial five-year Service Act. Children established under section 2744. strategic plan for assisting tobacco farmers Participating state—means any of the 50 and tobacco manufacturing/production work- PART I—GENERAL PROVISIONS States, the District of Columbia, Puerto ers who are adversely affected by the in- Sec. 2781. Definitions Rico, and any of the trust territories of the creased tobacco tax. The strategic plan must For purposes of this legislation, the follow- United States, that elects to participate in be approved by the Secretary of Agriculture ing are definitions of terms used: the program established under this title. before any federal monies are provided to the S 8516 CONGRESSIONAL RECORD — SENATE June 15, 1995 state. The Secretary shall allocate funds on what we are doing to fund this pro- S. 448 an annual basis to each state based on a for- gram. There may have to be, in fact, an At the request of Mr. GRASSLEY, the mula that takes into account the number of increase in the price of cigarettes, name of the Senator from Indiana [Mr. farmers and workers affected in that state which will hopefully keep them away and the severity of the economic impact. LUGAR] was added as a cosponsor of S. Monies from the Fund may be used for direct from those who are price sensitive in 448, a bill to amend section 118 of the payments to tobacco farmers or workers, as- connection with purchasing that kind Internal Revenue Code of 1986 to pro- sisting farmers in converting to alternative of deleterious substance. vide for certain exceptions from rules crop and livestock production, infrastructure So, again, I think it is wonderful for determining contributions in aid of and business-related financing in impacted what the Senator has done. I take it construction, and for other purposes. areas with significant numbers of tobacco- that the Senator has not yet intro- S. 526 related jobs, job training, and other eco- duced that legislation. nomic development projects that the state Mr. SIMON. I just introduced it. I At the request of Mr. GREGG, the considers worthwhile upon approval of the name of the Senator from Mississippi Secretary of Agriculture. welcome any suggestions for a modi- Each year the states receiving monies from fication. I welcome having JOHN [Mr. LOTT] was added as a cosponsor of the Fund shall submit to the Secretary of CHAFEE, as well as the distinguished S. 526, a bill to amend the Occupational Agriculture an annual report documenting junior Senator from Utah, as cospon- Safety and Health Act of 1970 to make the economic impact of the tax, an evalua- sors, if at any point they feel com- modifications to certain provisions, tion of their program activities, and their fortable doing that. and for other purposes. improvement plan for the coming year. Upon Mr. CHAFEE. I will certainly take a S. 555 approval by the Secretary, the state’s annual good look at it. I will get a copy either allocation from the Fund shall be transferred At the request of Mrs. KASSEBAUM, to the state. from the Senator’s office or from the the name of the Senator from Louisi- reprint here, and take a good look at Administrative costs for this program are ana [Mr. BREAUX] was added as a co- limited to 5% of annual program expendi- it. sponsor of S. 555, a bill to amend the tures and shall be offset by monies in the To- Mr. SIMON. I thank the Senator. Public Health Service Act to consoli- bacco Alternatives Trust Fund. f date and reauthorize health professions Sec. 303. Designation of Overpayments and Con- and minority and disadvantaged health tributions for the National Health Trust Fund ADDITIONAL COSPONSORS for Mothers and Children education programs, and for other pur- S. 256 poses. Amends subchapter A of chapter 61 of the Internal Revenue Code of 1986. At the request of Mr. DOLE, the S. 585 names of the Senator from Wisconsin PART IX—DESIGNATION OF OVERPAYMENTS AND At the request of Mr. SHELBY, the [Mr. KOHL], and the Senator from Iowa CONTRIBUTIONS FOR THE NATIONAL HEALTH names of the Senator from Mississippi TRUST FUND FOR MOTHERS AND CHILDREN [Mr. GRASSLEY] were added as cospon- [Mr. LOTT], the Senator from Min- sors of S. 256, a bill to amend title 10, Sec. 6097. Amounts for the National Health nesota [Mr. GRAMS], and the Senator Trust Fund for Mothers and Children United States Code, to establish proce- from North Carolina [Mr. HELMS] were dures for determining the status of cer- Beginning with the first full tax year sub- added as cosponsors of S. 585, a bill to tain missing members of the Armed sequent to the enactment of this Act, every protect the rights of small entities sub- individual (or couple in the case of joint re- Forces and certain civilians, and for ject to investigative or enforcement turns) filing a tax return shall have the op- other purposes. action by agencies, and for other pur- tion of making a contribution to the Trust S. 308 Fund through either electing to donate any poses. At the request of Mr. HATFIELD, the portion (not less than $1) of a tax overpay- S. 641 ment for that year, or electing to make a name of the Senator from Mississippi cash contribution to be transferred to the [Mr. COCHRAN] was added as a cospon- At the request of Mrs. KASSEBAUM, Trust Fund. These mechanisms for contribu- sor of S. 308, a bill to increase access the name of the Senator from Ohio tions through tax returns shall not apply in to, control the costs associated with, [Mr. DEWINE] was added as a cosponsor the second year subsequent to any year and improve the quality of health care of S. 641, a bill to reauthorize the Ryan where the total contributions designated in States through health insurance re- White CARE Act of 1990, and for other from tax returns are less than $5 million. form, State innovation, public health, purposes. In addition, any individual, corporation, foundation, or private sector entity may medical research, and reduction of S. 770 fraud and abuse, and for other pur- elect to donate monies to the Trust Fund or At the request of Mr. DOLE, the name poses. to one of the state trust funds established of the Senator from Colorado [Mr. under this Act at any time. Charitable dona- S. 327 tions to the state or national trust funds CAMPBELL] was added as a cosponsor of At the request of Mr. HATCH, the shall be considered tax deductible donations S. 770, a bill to provide for the reloca- to the extent allowed by federal and state name of the Senator from Colorado tion of the United States Embassy in tax laws. [Mr. CAMPBELL] was added as a cospon- Israel to Jerusalem, and for other pur- sor of S. 327, a bill to amend the Inter- Mr. CHAFEE addressed the Chair. poses. nal Revenue Code of 1986 to provide The PRESIDING OFFICER. The Sen- clarification for the deductibility of ex- S. 830 ator from Rhode Island. penses incurred by a taxpayer in con- At the request of Mr. SPECTER, the Mr. CHAFEE. Mr. President, I want nection with the business use of the name of the Senator from Massachu- to commend the distinguished Senator home. setts [Mr. KERRY] was added as a co- from Illinois for the presentation he S. 356 sponsor of S. 830, a bill to amend title made, and for the effort he is making 18, United States Code, with respect to At the request of Mr. SHELBY, the to cover pregnant women and children. fraud and false statements. I certainly will look at the legislation name of the Senator from Wyoming he has presented. [Mr. SIMPSON] was added as a cosponsor AMENDMENT NO. 1283 I think it is a great help in this ongo- of S. 356, a bill to amend title 4, United At the request of Mr. WELLSTONE his ing debate that we are having that the States Code, to declare English as the name was added as a cosponsor of Senator has stepped forward with this official language of the Government of amendment No. 1283 proposed to S. 652, legislation, which seems to me to hold the United States. an original bill to provide for a pro- a lot of promise. S. 440 competitive, de-regulatory national As he mentioned, always the funding At the request of Mr. WARNER, the policy framework designed to acceler- part is difficult. But, nonetheless, I name of the Senator from Texas [Mrs. ate rapidly private sector deployment agree with the source of funding from HUTCHISON] was added as a cosponsor of of advanced telecommunications and the increased tax on cigarettes. I am S. 440, a bill to amend title 23, United information technologies and services not sure everybody else will enthu- States Code, to provide for the designa- to all Americans by opening all tele- siastically embrace it. But I think the tion of the National Highway System, communications markets to competi- Senator mentioned Rhode Island and and for other purposes. tion, and for other purposes. June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8517 SENATE RESOLUTION 134—REL- AMENDMENTS SUBMITTED The PRESIDING OFFICER. Without ATIVE TO THE SECRETARY OF objection, it is so ordered. THE SENATE COMMITTEE ON RULES AND ADMINISTRATION TELECOMMUNICATIONS COMPETI- Mr. PRESSLER. Mr. President, I ask Mr. DOLE (for himself and Mr. TION AND DEREGULATION ACT DASCHLE) submitted the following reso- unanimous consent that the Commit- OF 1995 COMMUNICATIONS DE- tee on Rules and Administration be lution; which was considered and CENCY ACT OF 1995 agreed to: permitted to meet on Thursday, June S. RES. 134 15, 1995 for a hearing on the Election Commission’s budget authorization re- Whereas Sheila P. Burke faithfully served PRESSLER AMENDMENTS NOS. the Senate of the United States as Secretary 1422–1423 quest for fiscal year 1996. The PRESIDING OFFICER. Without of the Senate from January 4, 1995 to June 8, Mr. PRESSLER proposed two amend- 1995, and discharged the difficult duties and objection, it is so ordered. responsibilities of that office with unfailing ments to the bill, S. 652 to provide for a procompetitive, deregulatory na- SUBCOMMITTEE ON HOUSING OPPORTUNITY AND devotion and a high degree of efficiency; and COMMUNITY DEVELOPMENT tional policy framework designed to Whereas since May 26, 1977 Sheila P. Burke Mr. PRESSLER. Mr. President, I ask accelerate rapidly private sector de- has ably and faithfully upheld the high unanimous consent that the Sub- standards and traditions of the staff of the ployment of advanced telecommuni- committee on Housing Opportunity Senate of the United States for a period that cations and information technologies and Community Development, of the includes 10 Congresses, and she continues to and services to all Americans by open- Committee on Banking, Housing, and demonstrate outstanding dedication to duty ing all telecommunications markets to Urban Affairs be authorized to meet as an employee of the Senate; and competition, and for other purposes; as Whereas through her exceptional service during the session of the Senate on follows: and professional integrity as an officer and Thursday, June 15, 1995, to conduct a employee of the Senate of the United States, AMENDMENT NO. 1422 hearing on the administration’s pro- Sheila P. Burke has gained the esteem, con- In section 623(m)(2) of the Communications posal to restore section 8 rents to mar- Act of 1934 (as added by section 204 of the bill fidence and trust of her associates and the ket rates on multifamily properties in- Members of the Senate: Now, therefore, be it on page 70), strike ‘‘and does not, directly or Resolved, That the Senate recognizes the through an affiliate, own or control a daily sured by FHA. notable contributions of Sheila P. Burke to newspaper or a tier 1 local exchange car- The PRESIDING OFFICER. Without the Senate and to her country and expresses rier.’’ And insert ‘‘and is not affiliated with objection, it is so ordered. to her its appreciation and gratitude for her any entity or entities whose gross annual SUBCOMMITTEE ON PRODUCTION AND PRICE long, faithful and continuing service. revenues in the aggregate exceed COMPETITIVENESS SEC. 2. The Secretary of the Senate shall $250,000,000.’’. Mr. PRESSLER. Mr. President, I ask transmit a copy of this resolution to Sheila unanimous consent that the Commit- P. Burke. In section 262 of the Communications Act of 1934, as added by section 308 of the bill— tee on Agriculture, Nutrition, and For- f (1) Strike subsection (e) and insert the fol- estry, Subcommittee on Production lowing: and Price Competitiveness be allowed SENATE RESOLUTION 135—AU- ‘‘(e) GUIDELINES.—Within 18 months after to meet during the session of the Sen- THORIZING THE REPRESENTA- the date of enactment of the Telecommuni- ate on Thursday, June 15, 1995 at 9 TION OF SENATE EMPLOYEES BY cations Act of 1995, the Architectural and a.m., in SR–332, to discuss commodity LEGAL COUNSEL Transportation Barriers Compliance Board shall develop guidelines for accessibility of policy. Mr. DOLE (for himself and Mr. telecommunications equipment and cus- The PRESIDING OFFICER. Without DASCHLE) submitted the following reso- tomer premises equipment in conjunction objection, it is so ordered. lution; which was considered and with the Commission the National Tele- SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, agreed to: communications and Information Adminis- AND GOVERNMENT INFORMATION S. RES. 135 tration and the National Institute of Stand- Mr. PRESSLER. Mr. President, I ask ards and Technology. The Board shall review Whereas, the plaintiffs in v. Schneider and update the guidelines periodically. unanimous consent that the Sub- Schaaf, Civ. No. 95–C–1056 and Schneider v. (2) Strike subsection (g) and insert the fol- committee on Terrorism, Technology, Messer, Civ. No. 93–C–124, civil actions pend- lowing: and Government Information for the ing in state court in North Dakota have ‘‘(g) REGULATIONS.—The Commission shall, Committee on the Judiciary be author- sought the deposition testimony of Ross not later than 24 months after the date of en- ized to meet during the session of the Keys, a former Senate employee who worked actment of the Telecommunications Act of for Senator Kent Conrad and documents Senate on Thursday, June 15, 1995, at 1995, prescribe regulations to implement this 9:30 a.m. to hold a hearing on the mili- from Senator Conrad’s office; section. The regulations shall be consistent Whereas, by the privileges of the Senate of with the guidelines developed by the Archi- tia movement in the United States. the United States and Rule XI of the Stand- tectural and Transportation Barriers Com- The PRESIDING OFFICER. Without ing Rules of the Senate, no evidence under pliance Board in accordance with subsection objection, it is so ordered. the control or in the possession of the Senate (e). f can, by administrative or judicial process, be f taken from such control or possession but by ADDITIONAL STATEMENTS permission of the Senate; AUTHORITY FOR COMMITTEES TO Whereas, when it appears that evidence MEET under the control or in the possession of the Senate is needed for the promotion of jus- COMMITTEE ON ARMED SERVICES TRIBUTE TO LINDSEY NELSON tice, the Senate will take such action as will Mr. PRESSLER. Mr. President, I ask Mr. THOMPSON. Mr. President, promote the ends of justice consistent with unanimous consent that the Commit- Lindsey Nelson, Tennessean, died this the privileges of the Senate; tee on Armed Services be authorized to week. He left behind a rich national Whereas, pursuant to sections 703(a) and meet at 10 a.m. on Thursday, June 15, heritage in broadcasting matched by 704(a)(2) of the Ethics in Government Act of 1995, in open session, to receive testi- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the very few in our history. During his life Senate may direct its counsel to represent mony on the current situation and pol- he was voted by his peers into the employees of the Senate with respect to re- icy options in Bosnia. Baseball Hall of Fame at Cooperstown; quests for testimony made to them in their The PRESIDING OFFICER. Without the Broadcasters’ Hall of Fame; and official capacities: Now, therefore, be it objection, it is so ordered. the Pro Football Hall of Fame in Can- Resolved, That Ross Keys is authorized to COMMITTEE ON LABOR AND HUMAN RESOURCES ton, OH. produce records and provide testimony in the Mr. PRESSLER. Mr. President, I ask He richly deserved this recognition cases of Schneider v. Schaaf and Schneider v. unanimous consent that the Commit- for his remarkable achievements in Messer, except concerning matters for which tee on Labor and Human Resources be sports broadcasting. a privilege should be asserted. SEC. 2. The Senate Legal Counsel is author- authorized to meet for a hearing on af- After working in administration at ized to represent Ross Keys in connection firmative action in employment, dur- NBC in New York City for a number of with the testimony authorized by section 1 ing the session of the Senate on Thurs- years, Mr. Nelson took to the airwaves of this resolution. day, June 15, 1995 at 2 p.m. and started his career in broadcasting. S 8518 CONGRESSIONAL RECORD — SENATE June 15, 1995 In 1962, he became the announcer for the port authority, but as a chairman DeGaulle, Theo was awarded the the just-formed New York Mets, where who worked tirelessly to build French Medal of the Legion of Honor he remained for 17 years. Working with MassPort’s strength while providing for his work abroad. Ralph Kiner and Bob Murphy, he safe and efficient service to the public. After returning from Europe, Theo broadcast the Miracle Mets’ World Se- Under his leadership MassPort put the dedicated much of his life to helping ries season of 1969. highest premium on safety, building in- others through volunteer work. Toward Later he became the voice of the San clined runway safety ramps at Logan the end of his life, he was very active Francisco Giants. He also broadcast International Airport and developing with programs that helped individuals Notre Dame football during his distin- state-of-the-art fire and rescue facili- cope with drug and alcohol addictions, guished career, along with many of our ties. and he was the treasurer of the Eastern Nation’s great sporting events, includ- Mr. Giesser was a key architect of Regional Council on Alcohol and Drug ing the Masters Golf Tournament and the Logan Airport modernization plan, Abuse in Bangor. the Cotton Bowl. now known as Logan 2000, which will Some may ask what kept Theo going But, as distinguished as Lindsey Nel- enable Logan Airport to meet the ever- all these years. After all, many people son’s career was at the national level, increasing demands of the regional in- view their golden years as a time to he was first and foremost a son of Ten- tegration into the global economy. relax, and they eagerly look forward to nessee. He graduated from the Univer- In the meantime, Dick Giesser kept enjoying themselves after a lifetime of sity of Tennessee in 1941. While in UT faith with communities surrounding working for and rewarding others. he tutored English to football players, Logan Airport, by pioneering noise I truly think that Theo Pozzy knew and planned to go into sports writing. rules that alleviate the impact of air nothing other than giving of himself. However, the Second World War in- traffic over East Boston and Winthrop. While most people slow down in retire- tervened, and Mr. Nelson joined the He was instrumental as well in provid- ment, Theo sped up. While many people Army and saw battle duty in Italy, ing MassPort’s support to the adjoin- are anxious to celebrate themselves, Germany, and France. He won seven ing city of Chelsea so that Chelsea Theo celebrated others. While some battle campaign stars and a Bronze could climb back from bankruptcy and ask for something in return for their Star. regain its fiscal stability. charity, Theo was much more com- After the war he did the play-by-play Under Dick Giesser’s guidance in fortable as a benefactor than a bene- for the University of Tennessee foot- MassPort became an important pro- ficiary. These are some of the things ball team. In 1949 he founded the Vol moter of New England companies in that made him great. Network, and became the university’s international trade. During his tenure Mr. President, I and many others lost sports information director in 1951. He the authority hosted the successful a very close friend last month. Theo also did announcing for the school’s Sail Boston exhibition, which show- Pozzy will truly be missed.∑ basketball games and the Knoxville cased Boston Harbor and Massachu- f Smokies baseball team. setts to the world, and with his leader- The university’s baseball stadium, ship MassPort launched a broad effort TRIBUTE TO CAPT. CAROLYN V. one of the finest in the Nation, was to restore marine-related industries to PREVATTE, U.S. NAVY named after Lindsey Nelson. the harbor. ∑ Mr. GLENN. Mr. President, I rise to For a number of years Mr. Nelson Dick Giesser is proud that the Massa- recognize the dedication, public serv- wrote a column for The Knoxville chusetts Port Authority achieved a AA ice, and patriotism of Capt. Carolyn V. News-Sentinel. bond rating for the first time during Prevatte, U.S. Navy. She has retired Lindsey Nelson loved Tennessee. He his tenure. I am sure he is even prouder from active duty after more than 23 loved its State university in Knoxville. that he leaves MassPort a stronger years of faithful service to our Nation. Wherever he served in his long and pro- agency, capable of meeting the de- Captain Prevatte’s contribution in for- ductive life, he was never far from his mands of the 21st century without mulating and implementing personnel beloved State and school. turning its back on its neighbors. policy helped to sustain the highest Tennessee lost one of its most fa- Mr. President, once again, I salute quality naval force we have had in the vored and distinguished sons with the Richard Giesser for his service to history of our armed services. Her passing of Lindsey Nelson. As his old MassPort, to Massachusetts, and to strong commitment to excellence will friend Ben Byrd, former sports editor New England. He exemplifies the im- have a lasting effect on the vitality of of The Knoxville Journal, said on hear- portance of public service, but beyond our modern warfighters. Her outstand- ing of Mr. Nelson’s death: ‘‘A lot of that, he is a friend, and I join with my ing service commands the admiration people knew him, and without excep- colleagues and the people of Massachu- and respect of her military colleagues tion they all loved him. He was just setts and New England in wishing him and the Members of Congress. something special.’’ well.∑ Captain Prevatte is a native of the I join all of Lindsey Nelson’s many f great State of Tennessee, but it can friends in Tennessee and around the truly be said that she has spent her en- world in mourning his passing.∑ TRIBUTE TO THEO POZZY tire life in the service of our country f ∑ Mr. COHEN. Mr. President, I rise since she is the daughter of a retired today to pay tribute to Theo J. Pozzy, Army master sergeant. Commissioned RETIREMENT OF RICHARD A. a close friend of mine who passed away in August 1971 at the Women Officers GIESSER, CHAIRMAN OF THE on May 29 at the age of 94. Theo was a School, Newport, RI, Captain Prevatte MASSACHUSETTS PORT AUTHOR- longtime community volunteer in my served her first tour in Training Squad- ITY hometown of Bangor and was revered ron 28, Naval Air Station, Corpus ∑ Mr. KERRY. Mr. President, I rise to by everyone in the community. Christi, TX. Her department head tour pay tribute to Richard A. Giesser as he In 1919, while still a teenager, Theo followed at Naval Station, Annapolis, leaves office after 10 years as chairman came to the United States from MD. While in Annapolis, she served as of the Massachusetts Port Authority. France. Even toward the end of his life, an assistant company officer on plebe Mr. President, I have known Dick his voice contained the telltale sign of detail for the U.S. Naval Academy Giesser as a friend and adviser for a French accent. His love for his adopt- class of 1980, the first to include many years. He is one of those all-too- ed country, however, could not have women. In 1977, she commenced duty as rare individuals who balanced a suc- been stronger. Senior Instructor, Naval Reserve Offi- cessful career in business with a deep Theo served admirably in World War cer Training Corps Unit, at the Texas commitment to public service. I have II under the command of Gen. Douglas A&M University. From there, she no doubt that his service to the public MacArthur. After the war, he helped served as Operations Officer, Office of will continue long beyond his tenure at carry out the Marshall plan in Europe, Legislative Affairs and as a Joint Man- the Massachusetts Port Authority. working closely with Ambassador power Planner, organization of the Dick Giesser will be remembered, not Averill Harriman. On the recommenda- Joint Chiefs of Staff in Washington, only as the longest serving chairman of tion of French President Charles DC. While on the joint staff, she was June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8519 assigned additional duty as a military Nicholas Kalikow, will receive the cov- chiatry and Family Medicine at social aide at the White House. Captain eted silver medal award in the annual Georgetown Medical School as well as Prevatte was Executive Officer of Navy Scholastic Art and Writing Awards the Chair of the Advisory Council of Recruiting District, Houston, TX, from given by the Alliance for Young Artists the Office of Alternative Medicine, pre- April 1984 to December 1985. and Writers. The ceremony will be held sents an excellent overview of various In January 1986, Captain Prevatte re- at the Corcoran Gallery of Art on Sat- kinds of alternative therapies now turned to Washington, DC for assign- urday, June 17, 1995. being used by America’s health con- ment as Head, Fleet Command Support I have had the privilege of knowing sumers along with a cogent justifica- Branch, Naval Military Personnel Com- the parents of Nicholas Kalikow, Peter tion for the expansion of NIH-spon- mand [NMPC]. In April 1987, she be- and Mary Kalikow, for many years. sored investigations into those thera- came the Deputy Director, Restricted Peter is an accomplished businessman, pies. I have also included the short in- Line/Staff Corps Officer Distribution philanthropist, and public servant. Re- troductory remarks I made at the and Special Placement Division, cently, the Governor of New York ap- March 2 press conference. I ask that NMPC, and in February 1989, she be- pointed him to the board of the Port these remarks be printed in the came Administrative Assistant/Aide to Authority of New York and New Jer- RECORD. the Commander, NMPC. Captain sey. Mary, in addition to being a caring The remarks follow: Prevatte served as Commanding Offi- mother, is deeply involved in the edu- ALTERNATIVE MEDICINE: A REPORT TO THE cer, Personnel Support Activity, Pen- cation of the learning disabled, serving NATIONAL INSTITUTES OF HEALTH sacola, FL, from December 1989 on several board’s dealing with this [Statement by James S. Gordon, M.D.] through August 1991. She reported to critical matter. the Bureau of Naval Personnel in Sep- I have watched Nicholas grow to his Welcome to the press conference on the Re- port to the National Institutes of Health on tember 1991, where she served as Direc- early manhood and have been im- Alternative Medicine. This is a very happy tor, Allocation Division (Pers–45) prior pressed with his talent and character. and fulfilling occasion for us. For the last to her assignment to the staff of the In addition to his other fine traits, he two and a half years the efforts and good will Assistant Secretary of the Navy (Man- is a fine gifted writer, as evidenced by of more than two hundred people have gone power and Reserve Affairs) as Execu- this award. into creating this Report. tive Director, Standing Committee on The Scholastic Art and Writing I’m James S. Gordon, M.D.—a psychiatrist Military and Civilian Women in the Awards, administered by the Alliance who uses a number of alternative thera- Department of the Navy in April 1993. for Young Artists and Writers, Inc., has peutic approaches in his medical practice. Additionally, in June 1993, she assumed recognized young artists and writers I’m a Clinical Professor in the Departments of Psychiatry and Family Medicine at duties as Staff Director (Manpower) in for their achievements in the arts since Georgetown Medical School; Director of the the Office of the Deputy Assistant Sec- 1923. It is the largest and longest run- Center for Mind-Body Medicine here in retary of the Navy (Manpower). ning program of its kind in the Nation. Washington; and Co-Chair of the section on In March 1994, Captain Prevatte was The awards program attracts entries Mind-Body Interventions of this report. I’m selected to serve as Executive Assist- from all 50 States. Some of our coun- going to be the moderator for today as we ant and Naval Aide to the Assistant try’s most important artists and writ- discuss this Report and its origins, and Secretary of the Navy (Manpower and ers, including Truman Capote and present it to the National Institutes of Reserve Affairs). She transferred to the Joyce Carol Oates, received their first Health. Office of the Secretary of Defense in recognition from this program. I’ll begin with an overview of the field and Nicholas will receive the silver medal set the context for the development of this October 1994, where she served as Mili- Report. I’ll then introduce Senator Tom Har- tary Assistant to the Assistant Sec- in the short story category. Many en- kin. Afterwards Brian Berman, M.D. and retary of Defense (Force Management tries were received in this category and David Larson, M.D.—the Chair and Co-Chair Policy) until her retirement. I am proud to say the Nicholas’ story of the Editorial Board of this Report—will A proven Navy subspecialist in Man- was selected as a winner. speak briefly on the contents of this Report. power, Personnel and Training Analy- Mr. President, I want to congratulate Drs. Berman and Larson will present the Re- sis, Captain Prevatte holds a bachelor Nicholas, his parents, sister Kathryn, port to Alan Trachtenberg, M.D., the Acting of science degree from Middle Ten- his grandmother Juliet, and her hus- Director of the Office of Alternative Medi- nessee State University and a master band Steve Levene, all of whom will be cine. Then, I’ll introduce the Editorial Board and several other contributing writers, and of science degree from Texas A&M Uni- present at the awards ceremony. I also we’ll be available to discuss the Report and versity. She was named an Outstanding want to congratulate the sponsors of answer your questions on it. Young Woman of the Year in 1982. Her this event, many of whom are New I’d like to begin by giving you some back- military awards include the Legion of York based corporations and founda- ground on the Report and putting it in the Merit, Defense Meritorious Service tions, who recognize the achievements context of the field of alternative medicine. Medal, Navy Meritorious Service Medal of our Nation’s youth.∑ Let’s start with the name ‘‘alternative medi- with three gold stars, Navy Commenda- f cine.’’ Alternative comes from the word tion Medal, and Navy Achievement ‘‘other,’’ and, indeed, this is the other medi- ALTERNATIVE MEDICINE cine or, more accurately, the other medi- Medal with one gold star. cines—the ones that are not taught in our Our Nation, the U.S. Navy, and her ∑ Mr. HARKIN. Mr. President, on medical schools or ordinarily practiced in parents, Master Sergeant (Retired) and March 2, I was honored to participate our hospitals or clinics. Mrs. James L. Prevatte, can truly be in a press conference on a report to the This use of this term is of recent origin. proud of the captain’s many accom- National Institutes of Health on Alter- Over the last two decades, it is one of several plishments. A woman of such extraor- native Medicine: Expanding Medical that has been created to apply to new devel- dinary talent and integrity is rare in- Horizons. The report, which was pre- opments in medicine. Others include ‘‘hu- deed. While her honorable service will pared by an editorial committee manistic medicine;’’ ‘‘holistic’’ or be genuinely missed in the Department chaired by Dr. Brian Berman and Dr. ‘‘wholistic’’ medicine; ‘‘mind-body medi- cine;’’ and ‘‘complementary medicine.’’ Ho- of Defense, it gives me great pleasure David Larson, represented more than listic medicine refers to an understanding of to recognize Captain Prevatte before two years of work by more than two the whole person in his or her total environ- my colleagues and wish her all of our hundred practitioners of alternative ment and the wide range of both conven- best wishes in her well deserved retire- medicine. It is my sincere hope that tional and alternative treatments that com- ment. the NIH carefully read this document prise the whole or comprehensive approach. f and use some of its recommendations Humanistic medicine emphasizes the inter- as the basis for a long-term strategic action between those who come for help and HONORING NICHOLAS KALIKOW plan for the NIH’s Office of Alternative those who offer it. Mind-body medicine sug- Mr. D’AMATO. Mr. President, I rise gests the importance of the two-way connec- ∑ Medicine (OAM). tion between mind and body and their integ- today to offer congratulations to a For my colleagues’ review, I am at- rity. Complementary medicine—the term of young man from New York City who is taching the opening remarks of Dr. choice in Europe—implies a mutually en- being honored this coming weekend in James Gordon. Dr. Gordon, a Clinical hancing effect between conventional medi- Washington, DC. This fine young man, Professor in the Departments of Psy- cine and other approaches. S 8520 CONGRESSIONAL RECORD — SENATE June 15, 1995 Alternative medicine does indeed empha- mind’s capacity to affect the body—the own experience as people trained in conven- size other practices. It calls attention delib- power of hypnosis, meditation, biofeedback tional science and medicine, and interested erately to what is not, or not yet, conven- and visual imagery. It provides thorough- in alternative medicine. I want to acknowl- tional. It is a way for medicine and our soci- going documentation of their efficacy and edge these tensions because they give life ety to observe and evaluate what is new or suggests now easily these approaches can and excitement to the Report. unfamiliar—to hold it at arm’s length while and should be integrated into every aspect of Among them are tensions between conven- deciding whether and how it may be used and medical care. The section on bioelectro-mag- tional practitioners and researchers who integrated into our larger practice. netism emphasizes the theoretical promise have been outside the mainstream; between The emphasis on alternative medicine of this field and its possible role in explain- those applying conventional research meth- emerges now as part of the ongoing develop- ing the underlying mechanisms of many al- odologies to unconventional therapeutic ment of our medical system and practice. ternative approaches, including acupunc- methods and those searching for new, per- Thirty-five years ago the great microbiolo- ture, homeopathy and laying on of hands. haps more appropriate, methodologies; be- gist Rene Dubos suggested that we had begun The section on pharmacological and biologi- tween respect for the integrity of traditional to approach the limits of modern cal therapeutics, by contrast, records the healing systems and a need to study their ef- biomedicine, the surgical and pharma- vital importance of studying therapies that fectiveness in a way that conventionally cological treatment of discrete disease enti- are already widely used for such life-threat- trained scientists and clinicians can appre- ties. We still appreciate the great power of ening conditions as cancer and AIDS—but ciate; between the requirements of scientific this approach in curing infections and treat- have never received any critical attention. precision and the need for easy, popular ac- ing acute, life-threatening illnesses, but we In virtually all of the sections there are cessibility; between the hope for encyclo- have also begun to see how difficult it is to also common themes. To begin with we see pedic inclusion and the need for careful se- use these methods to treat a variety of kinds the sometimes surprising number of authori- lection; between the demands of activists of chronic illnesses. And we have begun to tative articles. There are literally thousands desperate for answers to desperate public become painfully aware of the side effects of articles in peer reviewed journals on bio- health problems—among them AIDS, cancer, and overuse of once promising therapies. feedback, hypnosis and visualization. And cardiovascular disease—and the require- During these last two decades both patients there are also hundreds on herbal therapies, ments of rigorous, definitive research; be- and physicians have also become increas- acupuncture, and homeopathy. We see as we tween the huge number of tasks to be accom- ingly impatient with the kind of care that read through the Report how deep the histor- plished and the, so far, very small amounts they have been receiving and offering. They ical use of these practices is. Foods like gin- of money ($5 million dollars out of NIH’s feel a lack of participation and partnership. ger, onions and garlic which we are just be- total budget of $10 billion dollars) available According to polls taken by Gallup and the ginning to validate scientifically have been to these tasks. A.M.A. itself, there is a sense of alienation used therapeutically for thousands of years. I hope and believe we are on our way to re- on both sides. The same is true of spinal manipulation, solving these tensions in favor of our own During this time, too, the world has be- herbal and mind-body therapies. We learn greater understanding and the greater under- come smaller and more intimate. We’ve be- also how widely used these approaches are. standing and progress of the field as a whole. come increasingly aware of the healing tra- In 1990, a third of the people in this country This Report is a compilation of much of ditions of other cultures, and of approaches were using alternative medicines. It is likely the best that is known and thought about al- that have been ignored, neglected, that the number now is far higher. World- ternative medicine. It is comprehensive and marginalized, or scorned within our own cul- wide, according to the World Health Organi- authoritative. It has many and varied rec- ture. Finally, all of us have become acutely zation, 80% of all people use these ‘‘alter- ommendations for future directions for NIH. sensitive to the enormous financial drain natives’’ as their primary care. And, there is more as well. We see, too, how cost effective these ap- that health care and our medical system are All of us who have worked on it see this proaches can be. To cite several examples: (1) putting on our government and all of us. Report as an arrow towards the future as A study done at the Harvard Community Health care required four percent of the well as a progress report and a summing up. Health Plan showed that six weeks of behav- Gross National Product when Dubos was In the end, alternative medicine becomes ioral medicine teaching, including medita- writing in the 1950’s. Now, it is almost fif- most important as it helps, in the words of tion, enabled patients to record savings of teen percent. These forces have set the stage the subtitle of our Report, ‘‘To expand medi- $171.00 each in the six months following the for a new approach and new techniques that cal horizons.’’ Our goal is then to create a treatment. (2) A program of diet, mind-body have propelled alternative medicine to the more comprehensive, responsive, humane therapies, yoga, exercise and group support, front of many of our minds, and to a signifi- and cost-effective system and practice of designed by Dean Ornish and his colleagues cant place in the on-going health care de- medicine and health care. bate. of the Preventive Medicine Research Insti- We are concerned with establishing a way With an appreciation and experience of the tute, has been shown to reverse coronary of understanding and practicing which bal- potential of some of these new therapies, a heart disease in patients who would other- ances the power of definitive treatment with sensitivity to the wisdom of traditional ap- wise have had coronary by-pass surgery. This the authority of self care; which is both open proaches, and a weather eye on financial re- program costs approximately $5,000 for its to and critical about new approaches; which alities, Senator Tom Harkin drew up legisla- one year—in contrast to the $40,000–$60,000 respects and enjoys the interplay of modern tion to create the Office of Alternative Medi- for each by-pass surgery. (3) At the Univer- science and perennial wisdom. cine three and a half years ago. He and the sity of Miami, Tiffany Field’s use of several Finally, then, this is a Report which goes Health Appropriations Sub-Committee gave minutes of gentle massage several times a beyond the opposition of either/or, conven- that Office a mandate to study these alter- day to treat low birth weight babies not only tional or alternative. It is a Report based on native approaches; to find out which ones helped the babies to gain 47 percent more the concept of both/and, it is, we hope, a step were most useful; and to make the informa- weight per day in the hospital, but enabled on the way to a healing synthesis and a new tion widely available. them to leave the hospital six days sooner, synthesis of health care and medical prac- This Report is one of the Office’s first and at a savings of $3,000 per child. tice—one which includes and is greater and Taken as a whole then, this Report is a most significant projects. It had its genesis more valuable than either its conventional unique compilation of authoritative infor- in Chantilly, Virginia in 1992, when more or alternative halves. than two hundred people—among them some mation. It is also a remarkable biblio- of the most experienced and best known re- graphical resource for those who wish to STATEMENT OF SENATOR HARKIN ALTERNATIVE searchers and clinicians—gathered to begin learn more—to prepare them to undertake MEDICINE PRESS CONFERENCE to assess the state of the art. This effort was research, select treatments or participate in I want to commend Dr. Brian Berman and requested and supported, then and now, by their own care. Finally, it is a guidebook for Dr. David Larson for their leadership in the Office of the Director of NIH and by the the Office of Alternative Medicine—a map to preparation of this report, Alternative Medi- Principal Deputy Directors—initially, Dr. help the Office to develop new directions in cine: Expanding Medical Horizons, as well as Jay Moskowitz and, more recently, Dr. Ruth research and to undertake specific studies. It the other members of the Editorial Commit- Kirschstein. suggests new research methodologies and tee present here today. At that conference and since, participants new programs of research training which In October 1991, Congress provided $2 mil- divided into groups to work on the thirteen need to be developed. It offers suggestions lion to establish the Office of Alternative major sections that are covered in this Re- for new ways to collect and disseminate in- Medicine at the National Institutes of port. Later, as members of the smaller Edi- formation; improve peer review; and enlarge Health for two main reasons. First, to seri- torial Board (most of whom are here today), and expand collaboration between conven- ously investigate the potential of alternative they began to shape its overall structure, tional and non-conventional researchers and medical practices; and second, to break down content and tone. Each of these sections are practitioners. It explores possible new links the bias in medical research against review worked on by its own writers and editors. between the Office of Alternative Medicine of worthy treatments not now in the main- Then, the Editorial Board re-evaluated, dis- and the rest of NIH, and between the OAM stream of conventional medicine. cussed, debated, and re-wrote each section. and the general public. Before this Office’s creation, the NIH and Each section has its different emphasis and In the Report, there are a number of cre- the medical establishment failed to accept tone. The one on mind-body medicine high- ative tensions—tensions that reflect the di- the important of alternative medicine. But lights the range of what we know about the versity of the medical enterprise and our the American people had already voted their June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8521 support for alternative therapies with their Walter Thayer & Associates, Inc., Lit- On June 4, 1995, the Garden State pocketbooks. tle Rock; Daniel Warmack, Warmack Arts Center in Holmdel, New Jersey In 1990 alone, the New England Journal of and Company, Fort Smith; and George began its 1995 Spring Heritage Festival Medicine found that Americans spent nearly White, Delta Vending Enterprises, Series. This Heritage Festival program $14 billion on alternative therapies, and made more visits to alternative practition- West Helena. salutes many of the different ethnic ers than they did to primary care doctors. Mr. President, the 1995 White House communities that contribute so great- American consumers are turning to these Conference was created by a Congress ly to New Jersey’s diverse makeup. therapies because they’re a less expensive and President who care about small Highlighting old country customs and and more prevention-based alternative to business—specifically, a Democratic culture, the festival programs are an conventional treatments. And they’re invest- Congress and a Republican President. opportunity to express pride in the eth- ing their dollars and their hopes without In 1993, small business in this country nic backgrounds that are a part of our hard scientific evidence of the effective- was responsible for 50 percent of the collective heritage. Additionally, the ness—or ineffectiveness—of these alternative gross domestic product, while employ- treatments. The American people have a Spring Heritage Festivals will contrib- right to know whether these alternative ing 54 percent of the American work ute proceeds from their programs to treatments are effective! That’s why the Of- force. This conference was attended by the Garden State Arts Center’s Cul- fice of Alternative Medicine was created in approximately 2,500 delegates from tural Center Fund which presents thea- the first place * * * to begin evaluating the around the country to discuss the most ter productions free-of-charge to New efficacy, safety and potential cost effective- pressing issues facing small businesses. Jersey’s schoolchildren, seniors and ness of alternative medical therapies. This is Although political circumstances other deserving residents. The Heritage a health issue and a consumer issue, and the have changed, the President and Con- Festival thus not only pays tribute to American people deserve nothing less! gress still deeply care about the views the cultural influences from our past, Admittedly, since its creation three years and interests of small business owners. ago, the Office has gotten off to a slow start. it also makes a significant contribu- That’s due to the continued skepticism of Recently, President Clinton signed into tion to our present day cultural activi- the medical establishment as well as the of- law a reauthorization of the Paperwork ties. fice’s own mismanagement and lack of plan- Reduction Act of 1992, a law that was On Saturday, June 17, 1995, the Herit- ning. It’s for this reason that I’m so encour- originally proposed by the first White age Festival Series will celebrate the aged by the document being presented today House Conference on Small Business 7th Annual Chinese Heritage Festival. to the NIH. This report, which represents during the Carter administration in Cochaired by Margaret Ko Ma of Mur- more than 2 years of work by more than 200 1980. ray Hill and Chia Wang Whitehouse of practitioners and researchers of alternative Recognizing the important role that Freehold, this year’s event promises to medicine, should serve as the basis for a the Small Business Administration long-term strategic plan for the Office of Al- be a grand celebration alive with color- ternative Medicine. plays in promoting the entrepreneurial ful costumes, traditional foods, ethnic It’s my sincere hope that the NIH will spirit, Congress has said no to propos- arts and crafts and talented entertain- carefully read this document and use some of als to abolish that agency. I am proud ers of Chinese descent. The day-long its recommendations to put the office back to say that last year SBA was directly event will feature a martial arts dis- on track, to begin operating efficiently and responsible for stimulating $10.6 billion play by the Shaolin Hung School, as expand its investigations of alternative in small business growth while spend- well as traditional flower, lion and therapies. ∑ ing only $232 million of American tax- drum dancers and music from China f payer money—an amount, I might add, will highlight the artistic program. less than the taxes paid by three com- WHITE HOUSE CONFERENCE ON Mall activities will also include an arts panies that started with SBA loans— SMALL BUSINESS and crafts exhibit, vendors selling Chi- Intel, Apple, and Federal Express. nese food and a fine arts exhibit will ∑ Mr. BUMPERS. Mr. President, I rise It’s time to listen again to the back- feature both traditional and modern today to pay tribute to the just con- bone of our country. In the weeks to Chinese art. cluded 1995 White House Conference on come, the White House Conference del- On behalf of all New Jerseyans of Small Business, and especially to 18 of egates will be sending their suggestions Chinese descent, I offer my congratula- my fellow Arkansas who traveled a for the future of small business to both tions on the 7th anniversary of the Chi- great distance at personal expense to the President and the Congress. On be- nese Heritage Festival.∑ participate in this conference. These half of the 18 delegates from my home f delegates took time away from their state, I urge this Congress to take a work and their families to represent close look at their suggestions and de- SKI AREA FEE STRUCTURE the Arkansas business community and bate the legislative agenda set forth by REFORM are to be commended for their dedica- the 1995 White House Conference on ∑ Mr. LEAHY. Mr. President, I rise to tion and sacrifice. The Arkansas busi- Small Business.∑ ask my colleagues to take a close look ness owners who attended the con- f at a bill which I cosponsored with Sen- ference as national delegates and their ator MURKOWSKI and others. The ski respective businesses are as follows: SEVENTH ANNUAL CHINESE area fee system for Forest Service spe- J. Baker, Baker Car and Truck Rent- HERITAGE FESTIVAL cial use permits needs reform and S. al, Inc., Little Rock; Bob Boyd, Boyd ∑ Mr. BRADLEY. Mr. President, our 907 is a good way to get this done. Music and Pro Sound, Inc., Little country is a remarkable mosaic—a Skiing is one of the best uses that we Rock; Greg Brown, Union Bancshares mixture of races, languages, ethnicities have today on our national forests. The of Benton, Inc., Benton; Mel Coleman, and religions—that grows increasingly ski industry brings millions of people North Arkansas Electric Cooperative, diverse with each passing year. No- to the mountains to enjoy fresh air, Salem; Dexter Doyne, Doyne Construc- where is this incredible diversity more scenery, and the mountain environ- tion Company, Inc., North Little Rock; evident than in the State of New Jer- ment. Few other national forest activi- Bill Ferren, B–B–F Oil Company, Inc., sey. In New Jersey, schoolchildren ties are able to host such intense pub- Pine Bluff; Michael Jackson, Jackson come from families that speak 120 dif- lic use with relatively minimal impact. Development Group, Brinkley; Thomas ferent languages at home. These dif- In fact, many resorts have taken Jacoway, Artran, Inc., Springdale; ferent languages are used in over 1.4 extra steps to protect and enhance the Phyllis Kinnaman, P.K. Interiors, Lit- million homes in my State. I have al- environmental resources with trail and tle Rock; Charles Mazander, Mazander ways believed that one of the United resort designs that include modifica- Engineered Equipment, Inc., Little States greatest strengths is the diver- tions for wildlife use, special sensitivi- Rock; Bruce McFadden, Improved Con- sity of the people that make up its citi- ties to wetlands, base villages that struction Methods, Inc., Jacksonville; zenry and I am proud to call the atten- minimize the need for cars, and plant- Ron McFarlane, Process 1500, Inc., Lit- tion of my colleagues to an event in ings that provide forage for birds. Over tle Rock; Mary Rebick, Copy Systems, New Jersey that celebrates the impor- the years ski resorts have become Little Rock; Mary Gay Shipley, That tance of the diversity that is a part of adept at reducing water pollution, ero- Bookstore, Blytheville; Walter Thayer, America’s collective heritage. sion, and snowmaking. There are still S 8522 CONGRESSIONAL RECORD — SENATE June 15, 1995 problems to resolve, but I am confident 907 this year with equally strong sup- made a name for itself not only that citizens, communities, and the ski port.∑ through outstanding athletic ability; industry will find solutions to each f but through the commitment of the challenge. school to a strong academic and extra- In addition to providing access to Na- SALUTING THE 25TH ANNIVER- curricular program with an emphasis tional Forests on a mass scale, the ski SARY OF THE ZYGO CORPORA- on community service. industry provides critical economic TION Students at the Mount participate in benefits. From the first American rope ∑ Mr. DODD. Mr. President, I rise the Siena program of community serv- tow installed in Woodstock, VT, in today to recognize the 25th anniversary ice as part of their curriculum by do- 1934, to the high-speed quads on of an outstanding corporate citizen in nating their time to service projects, in Sugarbush 60 years later, the ski indus- my home state of Connecticut, the addition to their regular studies and try has brought economic opportunity Zygo corporation. Since it’s inception extracurricular activities. Although to Vermont towns. The 1993–1994 ski in 1970, Zygo has become one of the their prizewinning athletics certainly season in Vermont generated $230 mil- foremost manufacturers of measure- merit attention, I offer additional lion from 4.3 million visitor days ac- ment instrumentation products in the praise to these students for their cording to the Vermont Ski Area Asso- world. This achievement is the result school’s unique commitment to com- ciation. These revenues translate into of hard work, creativity, and a highly munity service. The Siena program $17 million in tax revenue for Vermont skilled workforce. teaches that the donation of time and towns. The ski industry represents a I am proud that the State of Con- energy in service to others is as mean- sustainable use of national forests and necticut is home to so many talented ingful as winning a championship sea- a good neighbor. They deserve our sup- and capable individuals. The high-tech, son or scoring well on the SAT’s. I can port. precision work done at Zygo and so only admire a program which views The Murkowski-Leahy bill refines many other companies in Connecticut giving back to the community as a the fee structure for ski areas on na- is a testament to the quality workforce basic part of education. In the words of tional forests. The Independent Offices my State has to offer. the Mount’s own Sister Fran Sullivan, Appropriations Act of 1952 and the Na- I am pleased to congratulate Paul these promising young women ‘‘use tional Forest Ski Area Permit Act of Forman, Carl Zanoni and Sol Laufer, their own giftedness to better the 1986 both mandate that the Federal founders of Zygo Corporation, on this world.’’ Government collect fair market value important milestone. Their ingenuity, Mr. President, once again I offer my for the use of Federal property. In 1965, forsight and commitment to a quality congratulations to these talented and the Forest Service developed the grad- product enabled them to follow their generous young women, who are truly uated rate-fee system [GRFS] which is dreams and launch this firm in 1970. athletes, scholars and public servants.∑ Today, they deserve commendation on still in use today. GRFS is based on the f ski area’s investment in fixed assets their success. and sales generated in nine business Zygo’s reputation is well known GENERAL MOTOR’S 1997 FLEXIBLE categories. The ski industry and the throughout the country and the world. FUEL VEHICLES As our economy becomes increasingly Forest Service together agree that the Mr. HARKIN. Mr. President, I want high-tech, we need more companies ∑ system is complex, outdated, ineffi- to offer my congratulations to General like Zygo to provide leading edge prod- cient, and in need of reform. Motors for making what I believe is a I wish we could say that the reform ucts for a demanding market. The sur- good move for our environment, for our we propose is based on a comprehensive face measuring instruments and preci- economy, and for their business. All of assessment of fair market value as cur- sion surface manufacturing produced GM’s 1997 four cylinder light-duty pick- rent law, but such an assessment sim- by Zygo contribute to a variety of up trucks will have the capability to ply does not exist. Neither the General products used world-wide every day. run on ethanol as well as gasoline. This Accounting Office nor the Forest Serv- It is with great pride and admiration represents a significant milestone in ice—or any other organization—has that I stand today to acknowledge the the acceptance of ethanol as a widely- been able to offer assistance in devel- 25th anniversary of the Zygo Corpora- used fuel for America. Ethanol helps oping a widely accepted assessment of tion and to wish this exceptional com- clean the air and is a renewable domes- fair market value. The revenue col- pany continued success.∑ tic energy resource. I ask to have lected today is the closest approxima- f printed in the RECORD the May 11, 1995, tion of fair market value, and therefore news release from GM concerning this we have used the total revenue col- COMMEMORATING THE ACHIEVE- development. lected as the best available assessment. MENTS OF MOUNT ST. DOMINIC This bill solves the problems that we ACADEMY GENERAL MOTORS NEWS RELEASE know how to solve, and does not pre- ∑ Mr. BRADLEY. Mr. President, I rise DES MOINES, IOWA—General Motors today clude adjustments for issues that may today to honor a group of students announced the largest single-model alter- native fuel vehicle production program of benefit from further study. whose accomplishments are as varied as they are praiseworthy. On Thursday any manufacturer. All of GM’s 1997 four-cyl- The solution proposed in the Mur- inder light-duty pickup trucks will be flexi- kowski-Leahy bill is a simple progres- June 15, 1995, the young women of ble fueled to permit them to run on gasoline, sive rate structure based on gross Mount St. Dominic Academy in ethanol, or a combination of the two. sales. Since it operates much like an Caldwell, NJ, will celebrate their Speaking at a meeting of the Governors’ annual tax form, it is easy to prepare, championship season in three sports at Ethanol Coalition, GM Vice President Den- relatively easy to audit, and less prone their annual athletic awards dinner. nis R. Minano said GM will use the 1997 to litigation. The fees are linked to the With championship seasons in basket- Chevrolet S-series and GMC Sonoma pickups economy so ski areas can make regular ball, volleyball, and softball, the stu- as flexible fuel vehicles because they will dents of the Mount captured the atten- meet the broad spectrum of needs of many and fair payments that reflect their fleet and retail buyers. ability to pay. The bill also has a pro- tion of the Bergen Record as the ‘‘The inclusion of ethanol capability in vision to adjust the rate structure for ‘‘sports story of the year.’’ In addition this program is a win/win for the environ- inflation and it would be easy to amend to these championship titles, the ment and the customer,’’ Minano said. ‘‘As a if the public wants to adjust the ski-fee school won the New Jersey Inter- near-term alternative fuel, ethanol provides revenues up or down based on further scholastic Athletic Association’s C. many positives. Ethanol is a renewable do- information on fair market value. Clarke Folsom Sportsmanship Award mestic energy source, provides more range This bill is a reasonable, balanced, for the 1994 basketball tournament. than some other alternative fuels, and is and progressive bill that offers clear re- This award is made annually to the good for the environment.’’ ‘‘We are making this announcement form for the ski area fee system. This school whose players, coaches, cheer- today,’’ said Minano, ‘‘in order to provide is basically the same bill that the Sen- leaders, and fans demonstrate the time for us all to develop an infrastructure ate passed in 1992 with strong biparti- ideals of good sportsmanship through- and prepare for the volume of ethanol capa- san support. I hope we can pass the S. out the tournament. The Mount has ble trucks Chevrolet and GMC Truck will June 15, 1995 CONGRESSIONAL RECORD — SENATE S 8523 begin selling in 1997 in the U.S. and Canada.’’ you of the one hundredth birthday of a and cooking necessary for her family and the Minano said the ethanol industry needs to woman who has dedicated her life to the wel- hired help, all without the aid of electricity, continue to work with the automobile manu- fare of those around her. Esther Earnest running water or refrigeration. The factures to finalize fuel specifications, Hewicker, born June 21, 1895, near Remsen, Hewickers began farming land south of commonize fuel delivery systems, and de- Iowa, was the youngest of eight surviving Remsen and after approximately twelve velop a refueling infrastructure. children. At that time Esther’s life was typi- years purchased land south of Marcus, where Minano also said, ‘‘We are particularly cal of the era. Her days were spent going to they stayed their entire married life. Pres- pleased to have the opportunity to make this school, doing chores, and often caring for the ently, with the help of dedicated renters, Es- announcement at the Governors’ Ethanol Co- children of her adult siblings. Esther lost her ther continues to oversee the farm. alition meeting. I know the governors are father to a medical condition, ‘‘consump- At the age of 45, prior to the couple’s move committed to working with us and with the tion’’, when she was ten years old and as a to the new land, Esther gave birth to a private infrastructure business to make this result she, her mother, and remaining under- daughter, Ila Jean Hewicker. Esther contin- program a success. This program is really a age siblings left the farm and moved into ued to run the farm with her husband, and partnership in the truest sense of the word.’’ Remsen. raised her family. At that time, Esther and General Motors has been a leader in devel- Esther graduated from Remsen High her family were active contributors to their oping alternative fuel vehicle technologies School in 1913. After working for one year as church and community, both in a physical for more than 25 years. Our strategy has a seamstress and caring for various nieces and financial sense. Esther maintained a po- been, and will continue to be, fuel neutral. and nephews, Esther borrowed money from sition on the Marcus Fair Committee for This strategy includes continuing the devel- her mother to enter the Normal School in twenty-five years and was part of the deci- opment of gaseous, alcohol, and electric ve- Cedar Falls, Iowa, where she earned a two- sion-making process for the building of the hicles. Minano said, ‘‘The market has to year degree in intermediate education. Es- Marcus Theater, original community swim- have room to allow multiple fuels. There ther taught seventeen years in small towns ming pool, health clinic, and countless other should not be a mandate for a single tech- in Northwestern Iowa; two years each in projects. Further, the couple found time to nology.’’ Akron and Aurelia, and thirteen years in frequent area nursing homes, where they The trucks are scheduled for production Marcus. provided the residents with fresh produce Esther began teaching in 1916 in Akron, beginning in the summer of 1996 and will be and flowers. Esther and her husband also Iowa, during World War I. At that time, it produced at North American Truck Group fa- made a point to tend to the sick, shut-in or was important for civilian citizens to do cilities in Shreveport, Louisiana, and Lin- underprivileged within and outside their im- what they could to support the war. Esther den, New Jersey. They will be sold in the mediate families whenever they could. served through the Red Cross, making ban- U.S. and Canada under the GMC Truck and Strong believers in education, there was dages and rolling gauze. Further, when Chevrolet nameplates.∑ never a doubt that their daughter would go teaching, Esther incorporated war effort f to college. Esther and Frank supported and projects into appropriate school subjects. encouraged Ila through college and proudly For instance, during the teaching of hand DISAPPOINTMENT OVER DELAY IN watched her earn her Bachelor’s Degree in work, Esther got yarn pieces from the Red FOSTER NOMINATION Education. Ila eventually married and had a Cross and had her students knit squares that family of her own. ∑ Mrs. BOXER. Mr. President, today is would later be sent back to the Red Cross It is important to note that Esther’s dedi- the third day I am stating for the and sewn into lap blankets. cation to education did not stop with her ca- RECORD my sincere disappointment At the onset of her career, teachers earned reer or her daughter’s completion of college. that the Foster nomination has not approximately $65.00 monthly for only nine Esther was an active member of the P.E.O. months of the year. During summers, holi- been sent to the Senate floor for a Club for many years and following Ila’s high days, and weekends Esther returned home vote. school graduation, Esther was elected to the and assisted her mother with a house full of Clearly, the Nation needs a Surgeon Marcus School Board. Further, Esther and chores, for everything in those days was General; clearly we have problems with Frank created college funds for all four of done by hand and without refrigeration. their grandchildren, adding substantial AIDS, Alzheimers, cancers of every Food preservation, preparation and storage amounts of money to each over the years. type, Parkinson’s, teen pregnancy, just were long-term projects involving gardening, With that financial assistance, Esther’s two to name a few. butchering, canning, and baking using a eldest grandchildren received Masters de- Clearly the time is long overdue for wood stove. Water was carried for daily grees, one in Education, and one in Social this Nation to have a Surgeon General. needs, drinking, bathing, cleaning, etc. Gen- Work. The third is presently an undergradu- eral housekeeping involved floor scrubbing, Dr. Henry Foster is qualified and eager ate in an Art Education program and the hardwood waxing, rug beating, lamp trim- to be Nation’s top doctor. We need his fourth will enter college in the Fall. ming and window washing. Often the sup- leadership. Esther is presently a resident of Happy Si- plies for doing such chores needed to be Dr. Foster was voted out of commit- esta Nursing Home in Remsen, Iowa, and has made. The soap used for laundry and clean- tee with a favorable, bipartisan vote. been for the past nine years. Esther made ing was made at home, usually in conjunc- this move independently and presently con- He deserve confirmation and there is tion with butchering. Further, more time tinues to welcome new residents, helps ease no need to delay.∑ had to be made when specific attention need- their transition from home to nursing home f ed to be paid to caring for the sick or repair- living and encourages them to participate in ing broken items. 100TH BIRTHDAY OF ESTHER In 1920, at the time Esther began teaching the many activities available to them. Es- EARNEST HEWICKER in Marcus, she also took on the responsibil- ther often receives visitors from the area and enjoys keeping up with the news and lives of ∑ Mr. HARKIN. Mr. President, I was re- ity of singlehandedly caring for her aging and ailing mother on a full-time basis. To life-long friends. Though her old students are cently contacted by the O’Brien family supplement their income and make ends senior citizens now, she sees many who visit, in Iowa about a very special event that meet. Esther also ‘‘kept roomers’’. Esther and makes a point to ask after those who will happen on June 21. On that day, maintained her full-time teaching position cannot. Esther Earnest Hewicker, of Remsen, and eventually became Junior High prin- Clearly, Esther Earnest Hewicker’s con- IA, will celebrate her 100th birthday. cipal, which in those days constituted an in- tributions to society have been vast through- out her long lifetime and still her humor, Mrs. Hewicker has lived a long and vi- crease in responsibility as her teaching du- ties continued. Esther continued to live inde- character, and gregarious personality have brant life and I want to join with her yet to be mentioned. It is with sincere pride family and her many friends in Iowa in pendently, maintaining her career, caring for her mother and keeping roomers. Esther did that we ask that Esther’s contributions be wishing her my warmest birthday this until 1934. recognized formally, as the benefits of her greetings on this very special day. Dur- At the age of 371⁄2, Esther married Frank life reaped by others are immeasurable. ing her lifetime, Iowa and our Nation Hewicker, a Remsen, Iowa farmer. Her moth- Thank you for your time. have undergone many changes and en- er was transferred to the care of other sib- Sincerely, dured many great challenges. lings. Esther then began a new career, farm- KATHY O’BRIEN Mr. President, in commemoration of ing with her husband, for in those days, and the entire O’Brien family.∑ this very special day and in tribute to farming could only succeed if done as a part- f Esther Hewicker, I ask that a letter to nership between husband and wife. The vol- ume of work and sheer labor required to ORDERS FOR TOMORROW me from the O’Brien family reviewing complete necessary tasks could not be done Mr. CHAFEE. Mr. President, I ask her life be included in the RECORD at by one person alone. Esther cared for twin this point. lambs abandoned by their mothers, raised unanimous consent that when the Sen- The letter follows: ducks, geese and up to one thousand chick- ate completes its business today, it DEAR SENATOR HARKIN: It is with great ens each year. She kept a huge garden and stand in recess until the hour of 10 a.m. pride that we, the O’Brien family, inform did all of the housework, laundry, mending on Friday, June 16; that following the S 8524 CONGRESSIONAL RECORD — SENATE June 15, 1995 prayer, the Journal of proceedings be CLOTURE VOTE ON MONDAY, JUNE will occur during Friday’s session of deemed approved to date; the time for 19, 1995, AT 3 P.M. the Senate. the two leaders be reserved for their Mr. CHAFEE. Mr. President, I ask A cloture motion was filed on the use later in the day; and that there be unanimous consent that the cloture motion to proceed. So Senators should a period for the transaction of morning vote on Monday occur at 3 p.m. and the be on notice that a cloture vote will business not to extend beyond the hour mandatory quorum under rule XXII be occur at 3 p.m. on Monday next. of 11 a.m., with Senators permitted to waived. f speak for up to 5 minutes each with the The PRESIDING OFFICER. Without following exception: Senator SAR- objection, it is so ordered. BANES, 15 minutes. RECESS UNTIL 10 A.M. TOMORROW f I further ask unanimous consent Mr. CHAFEE. Mr. President, if there that, at the hour of 11 o’clock, the Sen- PROGRAM is no further business to come before ate resume consideration of the motion Mr. CHAFEE. Mr. President, for the the Senate, I now ask unanimous con- to proceed to S. 440, the National High- information of my colleagues, the Sen- sent that the Senate stand in recess way System bill, which we have been ate will resume consideration of the under the previous order. on this evening. motion to proceed to the highway bill There being no objection, the Senate, The PRESIDING OFFICER. Without tomorrow. However, the majority lead- at 6:57 p.m., recessed until Friday, objection, it is so ordered. er has announced that no rollcall votes June 16, 1995, at 10 a.m. June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1249 EXTENSIONS OF REMARKS

A TRIBUTE TO JOHN H. ADAMS BUDGET CUTS AFFECT REAL needs and real problems—not just nameless, FOR 25 YEARS OF SERVICE PEOPLE faceless statistics—will suffer accordingly. Congressional budget writers should never forget this very real impact that their deci- HON. FRANK TEJEDA sions have on so many real Americans. HON. WILLIAM J. COYNE OF TEXAS f OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES

IN THE HOUSE OF REPRESENTATIVES Wednesday, June 14, 1995 TRIBUTE TO THE REVEREND Mr. TEJEDA. Mr. Speaker, on June 6, the GEORGE S. FLEMING Wednesday, June 14, 1995 San Antonio Express-News published an edi- Mr. COYNE. Mr. Speaker, today I want to torial reminding all of us, particularly here in HON. THOMAS M. DAVIS honor John H. Adams, executive director of Congress, that budget cuts affect real people. OF VIRGINIA the Pittsburgh Regional Minority Purchasing The article appropriately points out that the Council, who will be retiring after 25 years of seemingly abstract reductions being debated IN THE HOUSE OF REPRESENTATIVES in Washington these days will have a concrete distinguished service. impact on the people back in our districts. The Wednesday, June 14, 1995 John Adams has devoted his energy and editorial painfully describes the impact of a Mr. DAVIS. Mr. Speaker, it gives me great skills over the past quarter century to increas- $40,000 reduction in Federal money on the pleasure to rise today to pay tribute to a man ing opportunities for minorities to participate services provided by San Antonio's Sexual As- who has given so much to his church and his fully in the U.S. economy as entrepreneurs sault Crisis and Resource Center. community, Baileys Crossroads, VA. Father and business leaders. He had been a driving Mr. Speaker, as we begin consideration of George Fleming is retiring after serving 27 force in the Pittsburgh area in the struggle to the large budget reductions being proposed years as the priest at St. Paul's Episcopal sweep away the still lingering effects of racial and the spending priorities of the Federal Gov- Church. The Reverend George S. Fleming, discrimination. His work has been instrumental ernment, we, as representatives of the people, born in 1930 in Brooklyn, NY, received his in opening doors to men and women who for must constantly remember the impact our ac- B.A. from Brooklyn College [CUNY] in 1953, too long had been denied a chance to com- tions will have on the hundreds of thousands and graduated from Philadelphia Divinity pete fairly in our society. of people in my district and the hundreds of School, Philadelphia, with honors in 1956. Mr. Adams will be honored at a luncheon on millions in those of my colleagues. The text of Following ordination as an Episcopal priest Friday, June 16, in Pittsburgh at the Allegheny the editorial is set forth below. in 1956, he served as curate of St. Andrew's Club. He has served longer than any other BUDGET CUTTING HITS REAL PEOPLE Church, Williston Park, NY, 1956±58, where council director in the 47-member national or- ‘‘A billion dollars here, a billion there— he was a founding member of the Williston eventually it adds up to real money,’’ the Rotary Club and member of the Anglican Soci- ganization and is highly regarded around the late U.S. Senate Minority Leader Everett country as the dean of directors. The Business Dirkson, R–Ill., used to grouse when ety. Resource Center was formed in 1972 under freespending Democrats forgot that they During his 27 years at St. Paul's he served the auspices of the Allegheny Conference on were doling out real dollars paid by real tax- as a member, and often convener, of Baileys Community Development to develop a pro- payers. Ministerial Fellowship, as a member of the gram for corporations to increase their pur- His political heirs, now in the majority in Falls Church Kiwanis Club, a founder and chasing with minority businesses. The conduit both houses of the 104th Congress, rightly member of the board of the Bethany House of understand that they are spending real organization, The Regional Minority Purchas- money. What they need also to recognize Northern Virginia; board member, HOPE of ing Council, has served as the catalyst for pur- just as dearly is that congressional spend- Northern Virginia; member of the board of chasing agents in Pittsburgh to increase mi- ing—and cuts in it—affect real people, too. trustees of Goodwin House; field education nority participation in providing and bidding on A good example locally is the impact ear- supervisor, Virginia Theological Seminary; and goods and services contracts. The corporate lier federal spending cuts already are having regional dean of the Diocese of Virginia from membership of 100 firms includes Westing- on San Antonio’s Sexual Assault Crisis and 1991±94. He also led the effort for use of St. Resource Center. Paul's Church as a location for the Fairfax house, ALCOA, Allegheny General Hospital, The center which also receives state, Unit- The University of Pittsburgh Medical Center, ed Way and other private funding, lost Community Action Program academy for drop- and the major area financial institutions. $40,000 in federal money for fiscal year 1995, out youth in 1970, and for the Northern Vir- ginia Hispanic Ministry of the Episcopal John Adams has also been active in the San Antonio Express-News Staff Writer Ma- rina Pisano recently reported. Church. Pittsburgh area as a civic leader. He made Those cuts came before the Republicans— Due to the tragic death of a homeless man Pittsburgh and Rotary International history, committed to even deeper cuts in the federal on Christmas Eve, 1983, Reverend Fleming when in 1979 and 1980, he served as presi- budget—took control of Congress. served as chairman of the Christian Emer- dent of the Pittsburgh Rotary Club, one of the Unlike the billions of dollars Dirksen ac- gency Temporary Shelter, an organization of largest rotary clubs in the United States. cused congressional Democrats of mindlessly churches that provided care for homeless peo- Throughout his life, John Adams has excelled squandering, $40,000 may not seem like much money. But its impact on real people is prov- ple during the winters of 1984 and 1985. This at breaking through longstanding barriers and ing to be significant. group served as impetus for the founding of providing a role model for others in his com- As reported rapes increase dramatically in the Baileys Community Shelter for the Home- munity. the Alamo City—during the first quarter of less. Reverend Fleming has served continually Mr. Speaker, John Adams deserves to be 1995, up 37.5 percent from a year ago—the cri- on the board of the shelter. sis center will be able to serve fewer clients commended for his outstanding effort to break because of the cut in federal funding. Mr. Speaker, I know my colleagues join me down barriers to African-Americans, women, The center will have to rely more heavily in paying tribute to this fine man who has and others in our society who have long been on private funding. given so much of his time and energy to help denied fair opportunities to participate fully in Unfortunately, though, donations from make his community a better place to live. the benefits of our Nation's free enterprise nongovernment sources, particularly founda- Without Father George Fleming's leadership, system. It is fitting that the U.S. House should tions, are significantly down, said Rita Baileys Crossroads would be a far different Velasquez, the center’s acting director. have this time to reflect on the work of John The private sector will be increasingly place. I know my colleagues join me in thank- Adams and the continuing need to ensure that hard-pressed to make up the difference ing George Fleming for his selfless contribu- all Americans can compete fairly for a chance caused by ever-deeper cuts in government tion to his church and community and we wish to succeed as businessmen and women. spending at all levels. Real people with real him the best of luck in his retirement.

∑ 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 1250 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 A TRIBUTE TO CAPT. IAN WALSH Over the past 25 years, San Luis Obispo then, has been invited to participate in pa- residents and tourists from all over the world rades and ceremonies throughout Michigan. HON. PATRICK J. KENNEDY have enjoyed the festival's performances of The auxiliary color guard has also been the OF RHODE ISLAND works by composers of classical to contem- source of pride to the Davison community, as IN THE HOUSE OF REPRESENTATIVES porary. Audiences have a rare privilege to it has been the winner of numerous State and enjoy some of the greatest compositions of all national awards, trophies, and commenda- Wednesday, June 14, 1995 time surrounded by the serenity and beauty of tions. The accomplishments of the auxiliary Mr. KENNEDY of Rhode Island. Mr. Speak- the San Luis Obispo County landscape. From are too lengthy to list today. Suffice it to say er, at 2:08 a.m. Central European time, on vineyards to music halls and from quaint chap- they are great, and they are many June 8, 1995, history was made. With unparal- els to the historic Mission of San Luis Obispo Mr. Speaker, it is with great pride that I leled perfection that only comes with countless de Tolosa, music lovers keep coming back stand before you today, asking you and my hours of training and preparation, a team of year after year to enjoy the festival. fellow Members of Congress to honor the U.S. Marines rescued Air Force Capt. Scott The San Luis Obispo Mozart Festival is also Davison Veterans of Foreign Wars Auxiliary, O'Grady from behind enemy lines in Bosnia. well known for its educational programs con- Post No. 4087. For 50 years they have stood Among the Marines who risked their lives to ducted in and around the performances. For firmly behind their commitment to each other, save Captain O'Grady was Capt. Ian Walsh, adults, there is an Akademie lecture series the community, and this Nation. Their stead- whose parents, Laurence and Ellen, live in my which features music scholars from throughout fast devotion to promoting the human dignity congressional district in Providence, RI. Cap- the Nation. And for the children, the Akidamie of all Americans serves as inspiration to us all. tain Walsh, 28, who piloted the Cobra attack provides an excellent opportunity for young f helicopter which led the rescue mission, is no people to gain an appreciation for music. stranger to life-threatening missions. Having So, as the 22d Congressional District of CELEBRATING THE ACCOMPLISH- flown in Somalia and Haiti, Captain Walsh has California gears up for the 25th anniversary of MENTS OF BUREAU OF REC- made a typical day's work out of flying into the San Luis Obispo Mozart Festival, I remind LAMATION COMMISSIONER DAN- hostile territory. my colleagues that they are all invited to the IEL P. BEARD The rescue of Capt. Scott O'Grady, who central coast to enjoy this truly classic event. courageously eluded the enemy for 6 days, And to the festival itself, I say congratulations HON. BILL RICHARDSON was by no means simple. Captain Walsh had on a successful history and good luck for con- OF NEW MEXICO to not only fly through dense fog and had to tinued success in the future. IN THE HOUSE OF REPRESENTATIVES remain extremely low in order to avoid moun- f Wednesday, June 14, 1995 tain ranges and power lines, but he also en- countered missile and gun fire from the Ser- TRIBUTE TO VFW POST NO. 4087 Mr. RICHARDSON. Mr. Speaker, I rise bians. All this was worth it in once Captain AUXILIARY today to express my high regard and appre- Walsh made the first audio contact with the ciation for the performance and accomplish- downed fighter pilot. As Captain Walsh related HON. DALE E. KILDEE ments of Daniel P. Beard and my sadness at later to the Providence Journal-Bulletin, ``It's OF MICHIGAN his decision to resign from his position as Bu- one of those things you train and train and IN THE HOUSE OF REPRESENTATIVES reau of Reclamation Commissioner. As many of my colleagues may remember, train, and you finally execute, and it pays off. Wednesday, June 14, 1995 I feel like I've actually made a differenceÐ prior to his current service in the Department helped pull a guy out and saved his life. And Mr. KILDEE. Mr. Speaker, it is an honor for of Interior, Mr. Beard was a staff member in that to me is probably the best feeling any- me to rise before you today to pay tribute to both the House and Senate, serving as admin- body could have.'' a very important organization in my district. istrative assistant to Senator Max Baucus and With Captain O'Grady back in friendly The Davison Veterans of Foreign Wars Auxil- staff director for the Subcommittee on Water, hands, there is indeed much to celebrate. In iary, Post No. 4087 received its charter on Power and Offshore Energy Resources, and our joy, however, we should not forget that June 24, 1945. I congratulate the auxiliary as the Committee on Interior and Insular Affairs. men and women are still putting their lives on it celebrates its 50th anniversary on June 24, In his 2 years with the Bureau of Reclamation, the line for our country every day. They are 1995, and thank them for their many years of he has served his country with distinction and truly heroes and should be recognized as dedicated service to the community. The auxil- unparalleled effectiveness. such. I am proud to say that Capt. Ian Walsh iary was originally formed around a mutual de- As Commissioner of the Bureau of Rec- is one of them. sire to serve the community. lamation, Dan was instrumental in turning the As Captain Walsh finishes the remaining 3 The auxiliary is known throughout the entire Bureau around and making it one of the pre- months of his tour stationed off the embattled country for their involvement in projects that mier agencies of the Department of Interior. In shores of Bosnia, I want to let him know that touch many lives. One of the first projects the fact, Vice President Gore awarded the Bureau this country and his friends are behind him. I auxiliary accomplished was distributing toys to a Reinvention Hammer Award in 1994 for its wish for Ian a safe tour and speedy return needy children at Christmas. That original ges- reduced budget and effective downsizing of home for one of Rhode Island's true heroes. ture of generosity has not only prevailed, it employees. I also offer best wishes to his wife, Charlotte has expanded into many other programs to Commissioner Beard should be very proud of North Carolina, and his parents, Laurence assist the needy. Individuals, families, and of how well he has achieved his goal to make and Ellen, all of whom must be very proud of particularly children have benefited as a result the Bureau of Reclamation the preeminent Ian's dedication and service to his country. of the magnanimity of the auxiliary. Clothing, water resource management agency in the f toys, food, scholarships, and athletic equip- world. Dan led the Bureau to establish and ment have been provided when and where support water conservation projects through- IN RECOGNITION OF SAN LUIS needed. Various youth groups have been ad- out the West, such as projects to bring new, OBISPO MOZART FESTIVAL—25TH vantaged by the auxiliary's largesse. Essential drought-resistant water supplies to commu- ANNIVERSARY items, equipment, and extended use of Post nities in arid areas, particularly in southern No. 4087's building, and other facilities have California. The Bureau also implemented a na- HON. ANDREA H. SEASTRAND been made readily available to those groups. tive American trust asset project policy and OF CALIFORNIA The Davison Veterans of Foreign Wars Aux- substantially expanded technical assistance to IN THE HOUSE OF REPRESENTATIVES iliary, Post No. 4087 has traveled long dis- native American tribes in the West. tances, and donated many hours of time visit- Our Bureau reforms instituted by Dan in- Wednesday, June 14, 1995 ing veterans hospitals. These visits have clude a revision of agency operations to dele- Mrs. SEASTRAND. Mr. Speaker, I rise served as a topic to the veteran who has been gate greater decisionmaking authority to field today to invite my colleagues to join with the hospitalized as a result of illness, or from personnel and the involvement of head- 22d Congressional District of California as we wounds received as a result of military serv- quarters in everyday operating decisions. celebrate the 25th anniversary of the San Luis ice. The auxiliary has helped to carry the mes- These changes have resulted in the elimi- Obispo Mozart Festival. Presented during the sage of freedom by sponsoring the Voice of nation of several layers of management within weeks of July 21 through August 6, 1995, the Democracy Program, and sponsoring flag the Bureau and the reduction of redtape. It is festival is a superior salute to the music and presentations to local schools. The auxiliary fair to say that customer service is now the life of Wolfgang Amadeus Mozart. color guard was formed in 1983, and since foundation for the Bureau's operations. June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1251 I would like to congratulate and commend is to provide affordable housing for low- and made it all the way to the final State competi- Mr. Beard for his outstanding service to the moderate-income families of every back- tion and exhibited their knowledge in 7 of the Nation. His achievements are worthy of high ground, as well as to train the residents of possible 8 categories. praise and appreciation and I wish him all the Rockford for worthwhile employment opportu- Mr. Speaker, I ask that you join me, our col- best in his future endeavors. nities. leagues, and friends in recognizing the fine f Neither AMCORE, nor the ZDC could have achievement of these individuals. Their work is succeeded in creating safe, thriving areas a reflection of education at its best. It is fitting SUPPORT INTERNATIONAL FUND within their neighborhood without the help of and appropriate that the House of Representa- FOR IRELAND AND MACBRIDE the other. Acting as a model for other busi- tives pay tribute to them today. PRINCIPLES nesses around the Nation, AMCORE granted f generous and flexible loans to the ZDC, often HON. JAMES T. WALSH financing close to 100 percent of the cost of PERSONAL EXPLANATION OF NEW YORK the properties acquired by the ZDC. AMCORE IN THE HOUSE OF REPRESENTATIVES went on to donate money directly to its part- HON. PAT WILLIAMS ner, to establish a banking service for the resi- Wednesday, June 14, 1995 OF MONTANA dents of the new properties, and to help form IN THE HOUSE OF REPRESENTATIVES Mr. WALSH. Mr. Speaker, as chairman of the Seventh Street Area Development Council. Wednesday, June 14, 1995 the Friends of Ireland, I strongly urge my col- The ZDC is, like AMCORE, a model itself. It leagues to join me in supporting the Inter- is a nonprofit institution designed to positively Mr. WILLIAMS. Mr. Speaker, yesterday, national Fund for Ireland and the MacBride impact citizens' lives directly. It has targeted family difficulties kept me from being here for Principles. and purchased the properties around Seventh the vote on the Kasich-Dellums amendment The time is right. The current peace process Street which, in the past, have been infamous on deleting money from the authorization for in the North provides a context in which our because of the prostitution and drug dealing additional B±2's. assistance will be most valued. And our will- that occurred there. Had I been in attendance I would have ingness to reward nonviolent problem solving These two organizations have earned admi- voted ``aye''. could not be shown more clearly. ration and respect because of their service. f Our historical tie to Ireland is a lifelineÐnot They have been deservedly noted by the So- for victory in armed struggle, but for economic cial Compact and provide inspiration to the TRIBUTE TO DELORES BOHANNON- success in peacetime. rest of Rockford, as well as the country, to WILKINS We have a humanitarian interest at stake, never concede a neighborhood as lost to and an economic interest. Because Ireland crime. HON. THOMAS M. DAVIS has a highly skilled, educated work force. It is f OF VIRGINIA a gateway to Europe, and a potential market IN THE HOUSE OF REPRESENTATIVES for American companies. BISHOP STUDENT EXCELS IN Wednesday, June 14, 1995 Regarding the MacBride Principles, I per- NATIONAL HISTORY DAY sonally believe that despite the cease-fire and Mr. DAVIS. Mr. Speaker, it is a great privi- despite advances in the peace process, sys- HON. JERRY LEWIS lege and honor for me to rise today and pay temic prejudice still exists in the North. The OF CALIFORNIA tribute to one of Reston, VA's most beloved MacBride Principles will guarantee that U.S. IN THE HOUSE OF REPRESENTATIVES teachers and community leaders, Delores tax dollars are targeted at unemployment in Bohannon-Wilkins who passed away last Wednesday, June 14, 1995 the areas that will bring the best peace divi- month after a long, prolonged battle with can- dend. Mr. LEWIS of California. Mr. Speaker, I cer. On June 15, 1995 the school where Mrs. Our economic assistance has helped Ireland would like to bring to your attention today the Wilkins taught, Langston Hughes Middle get this far in its struggle for peace, and will fine achievement of Will Baylies and the lead- School, will dedicate a hall in her memory. continue to help create an infrastructure of ership of his teacher, Mrs. Irene Sorenson, At Langston Hughes Middle School Delores hope. from Home Street Middle School in Bishop, Bohannon-Wilkins served as a middle school I urge support for this measure. CA. Recently, this remarkable student joined mathematics teacher in Reston, VA. She was f other students from across the country at the actively involved in professional educational University of Maryland to compete in National pursuits. She originated and directed commu- IN RECOGNITION OF AMCORE History Day sponsored by the Constitutional nity mentor programs for children-at-risk in BANK AND THE ZION DEVELOP- Rights Foundation. The theme for this year's Fairfax County. Mrs. Wilkins served as a lead- MENT CORPORATION competition was conflict and compromise in er and presenter at professional educational history. conferences, seminars, and workshops. She HON. DONALD A. MANZULLO Will qualified for the national competition by also provided counselling for youths and their OF ILLINOIS first winning at the local, regional, and State families in the Reston community. IN THE HOUSE OF REPRESENTATIVES levels. Will placed first in California for his re- Among her honors were the Golden Eagle search paper titled, ``A Philosophical Conflict award for outstanding educational contribu- Wednesday, June 14, 1995 on Civil Rights, Integration or Separatism? tions and being named Lady Fairfax for the Mr. MANZULLO. Mr. Speaker, it is a great Correspondence Between Martin Luther King, Hunter Mill Magisterial District in Fairfax Coun- pleasure for me to recognize the accomplish- Jr. and Malcolm X.'' Will took the original ap- ty [VA], at the Fairfax County Fair in recogni- ments of the partnership between AMCORE proach of creating a series of letters between tion of her leadership contributions to the com- Bank and the Zion Development Corporation. these two men that express an understanding munity. She was a member of several profes- These two organizations, acting in unison, of their philosophies. In reality, King and Mal- sional and civic organizations. Among these have stabilized and redeveloped a major por- colm X did not correspond so the content of were the Reston Chapter of National Jack and tion of the Rockford community. Their com- the letters reflect the research done as well as Jill the National Council of Negro Women mendable efforts were justifiably included by critical analysis by Will. where she served as president. the Social Compact in their 1995 Outstanding This outstanding student and Mrs. Sorenson Delores graduated from St. Paul's College Community Investment Awards program. are a tribute to our public school system which in Lawrenceville, VA. She pursued additional AMCORE Bank and the Zion Development remains the finest in the world. Although this graduate studies at the University of Maryland, Corporations have a long history of working student lives in a community of less than University of the District of Columbia, and the together. AMCORE Bank, a major financial in- 5,000 people located 200 miles from a major University of Virginia. She was married to Dr. stitution in Rockford, had been located for library or university, he completed extensive Thomas A. Wilkins and was the mother of nearly 100 years on Seventh Street, directly research in his subject area and was highly three children; Lisa, Thomas, and Mark. across from the church that founded the Zion competitive with students from the large met- Mr. Speaker, I know my colleagues join me Development Corporation [ZDC]. The ZDC, ropolitan areas including Los Angeles County, in honoring Delores Bohannon-Wilkins, a established in 1982, has acted as an instru- San Bernardino County, and Riverside Coun- woman who served as a role model, mentor, ment to revitalize storefront and residential ty. It is also remarkable that under the guid- and leader in Reston. She was a woman property in an urban neighborhood. Its mission ance of Mrs. Sorenson, a total of 16 students whose leadership in her community made it a E 1252 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 much better place to live than she found it. lation Program are to enable couples and indi- against abortion, and no United States funds She will be missed by those who knew her, viduals to decide freely and responsibly the will be spent by the U.N. Family Planning but her example of commitment and concern number and spacing of their children, to im- Agency in China. will remain a part of her legacy. prove individual health, and to reduce popu- Mr. Chairman, I urge my colleagues to re- f lation growth rates to levels that are consistent ject this effort to return us to the era of the with sustainable development. International Gag Rule. The counter-produc- AMERICAN OVERSEAS INTERESTS U.S. population assistance is very much in tive and self-defeating Mexico City Policy was ACT OF 1995 our Nation's interest andÐdollar for dollarÐ appropriately and rightfully rejected by the probably offers the best return on investment American people, and it was repudiated in the SPEECH OF of any of our foreign assistance programs. past by the Congress as well. It is necessary HON. TOM LANTOS If effective action is not taken with this dec- for us to reject this effort to turn back the OF CALIFORNIA ade as today's 1.6 billion children in the devel- clock. The Smith amendment is contrary to IN THE HOUSE OF REPRESENTATIVES oping world under the age of 15 reach their American national interests, and it is a policy childbearing years, then the Earth's population Thursday, June 8, 1995 that is contrary to the interest of stability and could nearly quadruple to over 19 billion peo- economic development in the Third World. It is The House in Committee of the Whole ple by the end of the next century. time for us to move forward and face realisti- House on the State of the Union had under Such an unchecked explosion in population cally and meaningfully the very serious popu- consideration the bill (H.R. 1561), to consoli- threatens the international community just as date the foreign affairs agencies of the Unit- lation problems that we face in the world. ed States; to authorize appropriations for much as the proliferation of weapons of mass f the Department of State and related agen- destruction or the increase in international cies for fiscal years 1996 and 1997; to respon- crime, because the alarming rate of population PROTECTING THE FLAG sibly reduce the authorizations of appropria- growth underlies virtually every developmental, tions for United States foreign assistance environmental, and national security problem programs for fiscal years 1996 and 1997, and facing the world today. In Algeria, Brazil, and HON. TOBY ROTH for other purposes: IndiaÐto name but a few examplesÐwe are OF WISCONSIN Mr. LANTOS. Mr. Chairman, I want to ex- seeing how growing populations hinder eco- IN THE HOUSE OF REPRESENTATIVES press my strongest opposition to the amend- nomic development, foster serious environ- Wednesday, June 14, 1995 ment proposed by my distinguished friend mental degradation, and exacerbate political Mr. ROTH. Mr. Speaker, today Americans from New Jersey [Mr. SMITH]. I have the high- instability. across the Nation will unfurl Old Glory to cele- est regard for my colleague, Mr. SMITH. He Experts estimate, Mr. Chairman, that 125 and I have worked together on many issues million people in developing countries want to brate Flag Day. Last Saturday, June 10, Ap- on human rights, and I fully share his abhor- delay or avoid childbirth, but they are not pleton, WI held the Nation's largest Flag Day rence of coerced abortions that have been using contraception because they do not have parade to honor our veterans who won World carried out in China. I have joined him on access to means of birth control. War II 50 years ago. many occasions to protest in the strongest Population growth is outstripping the capac- Fifty years ago, the U.S. Marine Corps in- terms this egregious violation of human rights. ity of many nations to make even modest vaded the rocky island of Iwo Jima. The While we have worked closely together on a gains in economic development, leading to month-long assault marked the beginning of large number of human rights issues, including growing political instability in many countries. the United States forces freeing the South Pa- coercive population control programs, and I At best, this undermines the ability of these cific from Japanese occupation. This epic bat- look forward to working with him on a number countries to be reliable members of the inter- tle was won at the staggering cost of 6,821 of other issues in the future, I disagree in the national community or good trading partners of American lives. strongest terms with this amendment that he the United States. At worst, it can contribute to One of the veterans of this battle was John has offered to the bill H.R. 1561. massive unrest and violence, as we have wit- H. Bradley, a native of Antigo, WI. When he I support the reasoned alternative that has nessed in Rwanda. died last year, Mr. Bradley was the last survi- been presented by our distinguished colleague The impact of exponential population growth vor of the six American servicemen who from Maryland, Mrs. MORELLA, which is the is also evident in the mounting signs of deple- raised the U.S. flag on Iwo Jima. Their valor same provision that Mrs. MEYERS of Kansas tion and overuse of the world's natural re- was captured in the unforgettable 1945 Pul- presented during full committee markup, and sources. We have only to see what is happen- itzer Prize-winning photograph by Joe Rosen- which was approved by a significant margin ing throughout the continent of Africa, in South thal. during that markup by the entire International Asia, and in many areas of South America to Across the Potomac River from the Capitol, Relations Committee. realize the serious and, I, fear, irreversible en- that flag-raising scene is brought to life in the Mr. Chairman, unchecked population growth vironmental consequences of unchecked pop- U.S. Marine Corps War Memorial. Day and in developing countries poses a serious and a ulation growth. night, American citizens and visitors from growing threat to United States national inter- At the International Conference on Popu- around the world come to pay homage to the ests throughout the world. It has serious impli- lation in 1984 in Mexico City, the Officials of six Americans who struggled to raise the flag cations for our international policy in areas of the Reagan administration speaking for the on Mount Suribachi, the highest point on Iwo trade, security, environment and international United States Government announced a new Jima. migration. policy of denying United States foreign aid The raising of the flag brought tears to the To reduce the whole range of U.S. popu- funds to any foreign nongovernmental organi- valiant Americans who were still struggling to lation assistance to the issue of abortionÐ zation that provided abortion counseling, refer- vanquish the nearly impregnable Japanese which is what the amendment of our colleague ral, or services. Initially called the Mexico City defenses. The rippling red, white, and blue of from New Jersey doesÐdoes a great injustice Policy, because it was announced at the U.N. Old Glory overhead instilled hope and courage to our pioneering work in the field of popu- conference in that city, it came to be known as to these weary marines. lation planning, where the United States is a the International Gag Rule. To Americans, the flag is a symbol to re- recognized leader and innovator. While the ostensible purpose of that policy vere, respect, and honor. At the 45th annual U.S. population assistance addresses a was to prevent abortion, the evidence has Appleton Flag Day parade, I saw rugged broad range of critical needsÐmaternal shown that restrictions did nothing to reduce World War II veterans, as well as little boys health; child survival; primary health care, in- reliance on abortion. In fact, the only impact of and girls, snap to attention when the flag cluding the prevention of death due to preg- the restrictions was to interfere with the deliv- passed by. nancy-related causes; and the prevention of ery of effective family planning services and For many years, Federal law and 48 State the spread of sexually transmitted diseases; appropriate medical care. laws protected the flag from physical desecra- and contraception. Current law and the explicit text of the tion. While Americans have always defended The aim of a family planning organization is Morella/Meyers language make it very clear political dissent, we draw the line at burning not to promote abortion, but quite to the con- that no United States funds can be used now our national symbol. traryÐto prevent unwanted pregnancies and or in the future to perform abortions abroad But in 1989, the U.S. Supreme Court nul- abortion, which is the leading cause of mater- except in cases of rape, incest, or lified these laws with a nonsensical interpreta- nal mortality. The principal objectives of the endangerment of the mother's life. No United tion of the first amendment protection of free- Agency for International Development's Popu- States funds may be used to lobby for or dom of speech. June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1253

Congress responded by passing a law to re- tory. The win was Cole's second State title in I am pleased that Mr. GILLMOR'S proposal store the protection of the flag, but the Court as many sports. Cole was the coach for the moves us in the right direction on a number of again defied the will of the people. Graham High School boys basketball cham- these issues. After that defeat, Congress tried but failed to pions in 1983. First and foremost, the annual $2.5 million pass a constitutional amendment that would All five Williams golfers deserve equal giveaway of taxpayer money is gone. allow flag protection laws. praise for the team victory. Paul Daniel, Josh The program will cease to be an instrument Mr. Speaker, we didn't have the votes then. Moore, Tommy Ryan, Josh Petty, and Jason of the militaryÐwhere it serves absolutely no But this is a new Congress, a Congress that Nestor were better the second day than they purposeÐand instead will become a private believes our national symbol deserves the pro- were the first. Each improved his first-day total nonprofit corporation associated with the U.S. tection of law. by at least one stroke. Paul Daniel followed Olympic Committee. In the coming weeks, the House of Rep- his 74 on Monday with a 73 on Tuesday for I have always stated that I have no problem resentatives will try againÐand this time, I be- a 2-day total of 147, and that was good with teaching rifle safety and sharpshooting. lieve we will win. House Joint Resolution 79, enough to capture comedalist of the tour- But I consistently objected to the taxpayers the American flag protection amendment, will nament. footing the bill under the guise of military pre- restore the flag to its rightful honor. This Congratulations to principal Donald Wil- paredness. amendment has sailed through the Committee liams, athletic director Tommy Spoon, the fac- Mr. Speaker, I do have some very serious on the Judiciary and is scheduled for vote in ulty, staff, students, and parents of Williams concerns about the amendment. the near future. High School. The Sixth District of North Caro- I am not at all comfortable with its provision On behalf of the patriotic citizens of Apple- lina is proud of the Williams High School golf to turn over an inventory of 70,000 M±1 rifles ton, and of all the people in northeast Wiscon- team for winning the 3±A golf championship to the new corporation, and to allow a new sin, and of every State in America, I rise to and keeping the title in the Sixth District. type of weaponÐ.22 caliber riflesÐto be sold urge the House to pass this amendment. f as well. Flag Day is not just a celebration of the It seems to me that we need less, not more, American flag, but a celebration of the Amer- NATIONAL DEFENSE AUTHORIZA- excess Government weaponry spread around ican people and American ideals. Let us re- TION ACT FOR FISCAL YEAR 1996 our country. I will be watching this program member the stirring words of Longfellow: very closely over the coming months to ensure ‘‘Take thy banner! May it wave SPEECH OF that these weapons are not being abused. Proudly o’er the good and brave.’’ As troubled as I am by this provision, it is HON. CAROLYN B. MALONEY clear that the gentleman from Ohio has the Mr. Speaker, the flag deserves protection OF NEW YORK from those who would defile it. On this Flag votes, and he and my friend from Texas, CHET IN THE HOUSE OF REPRESENTATIVES Day, as we remember the brave Americans EDWARDS, have made a good faith effort to re- who won World War II 50 years ago, this Con- Tuesday, June 13, 1995 form this pork-ridden boondoggle. gress must restore to the flag its rightful stand- The House in Committee of the Whole The amendment, while not perfect, it a vast ing as a symbol to be honored, saluted, re- House on the State of the Union had under improvement over current law. spected, and protected. consideration the bill (H.R. 1530) to author- f If we fail, then the tears of pride shed by the ized appropriations for fiscal year 1996 for World War II veteran I saw in Appleton last military activities of the Department of De- SALUTE TO JOAN ROSS: FOR AN Saturday will turn to tears of shame. Let us fense, to prescribe military personnel OUTSTANDING 26-YEAR CAREER strengths for fiscal year 1996, and for other IN COMMUNITY SERVICE TO not disappoint this patriot who crossed an purposes: ocean and fought a war to defend the ideals WEST VIRGINIA embodied in our American flag. Mrs. MALONEY. Mr. Chairman, I rise to briefly discuss the amendmentÐincluded in f HON. NICK J. RAHALL II the en bloc amendmentÐof the gentleman OF WEST VIRGINIA ILLMOR TRIBUTE TO THE WILLIAMS HIGH from Ohio [Mr. G ] and the gentleman IN THE HOUSE OF REPRESENTATIVES SCHOOL GOLF TEAM from Texas [Mr. EDWARDS]. Mr. Speaker, although the Civilian Marks- Wednesday, June 14, 1995 HON. HOWARD COBLE manship Program is but a minuscule piece of Mr. RAHALL. Mr. Speaker, after serving the Federal Government, I think this is a his- OF NORTH CAROLINA southern West Virginia as head of the South- toric occasion. western Community Action Agency in Hunting- IN THE HOUSE OF REPRESENTATIVES It is noteworthy because as the leading op- ton, WV for 26 years, Joan Ross has made Wednesday, June 14, 1995 ponent of the Civilian Marksmanship Program her decision to retire in order to spend more Mr. COBLE. Mr. Speaker, it took them a in Congress over the past 3 years, I now sup- time with her husband, her children, and her year to avenge a heartbreaking defeat, but on port much of what the leading proponents are grandchildren. May 16, 1995, the Williams High School golf trying to doÐchange and reform this long out- While her time and talents have been de- team completed a yearlong quest by capturing dated program. voted almost solely to the Community Action the North Carolina 3±A high school golf cham- My colleagues, it has taken 92 years to Council which she has headed for 26 years, pionship. The Sixth District of North Carolina begin to do the right thing. developing and implementing many ``poverty is proud of the Bulldogs for winning the State Founded in 1903 after the Spanish-Amer- programs'' for the most needy people through- golf title with a 2-day total of 614, two strokes ican War, the program was intended to teach out southern West Virginia, Joan Ross began better than its closest rival, Northwest Guilford our new recruits how to shoot straight. her public service prior to the 1964 enactment High School, another Sixth District high We won that War. And it is long past time of the Economic Opportunity Act creating local school. to declare victory and get rid of this program. and regional CAP agencies. What made the victory even sweeter was But for nearly a century, U.S. taxpayers Joan first spearheaded a local demonstra- that it came over the same team, Northwest were called upon to spend their moneyÐlast tion project called Project Find, a research and Guilford, that defeated Williams High School year it was $2.5 millionÐon a program which demonstration program under which she last year by one stroke. Head Coach Tommy the Department of Defense said serves abso- trained older, low-income persons who had Cole told the Burlington, NC Times-News that lutely no military purpose. not dreamed of being called upon to show the the bitter memory of last year's defeat drove Instead, the program gives away 40 million kind of professional skill required of survey the team all year long. ``It feels good to come rounds of free ammunition, along with cut-rate takers, and under Joan's supervision were back and win this after the heartbreak of last guns to rifle clubs to use in target practice more than able to conduct the necessary ran- year,'' Cole told the newspaper. ``Everybody competitions. dom survey, using a 22-page questionnaire, left here last year saying, `If I hadn't missed It simply make no fiscal or military sense. throughout a three-county areaÐLincoln, that shot here,' or `If I just made a putt there.' And lately, the Civilian Marksmanship Pro- Wayne, and Cabell. The findings determined The mental stress on these kids has been un- gram took on a more sinister appearance, by the questionnaires indicated specifically believable. They handled it great.'' which the gentleman's amendment acknowl- what and how extensive the human service Congratulations must begin with Tommy edges. Investigative reporting uncovered clear needs were throughout the area, and how Cole who was named North Carolina's 3±A links between participants in this program and best to provide for those needs. Joan Ross golf coach of the year following the team's vic- extremist militias. followed up by developing a delivery system E 1254 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 for those human services, and she also wrote continued to survive because of the resources bled by her always dynamic, often gentle and a report to Congress on her findings, entitled: she has generated from other Federal pro- compassionate approach to getting all the jobs ``The Golden Years: A Tarnished Myth.'' Joan grams, from private foundations, and local done that were hers to do, and getting them had found that the Golden Years for the elder- contributions. done by, and for, the right people. By her ex- ly were not exactly goldenÐbut she also knew Under her very distinguished stewardship, ample she brought dignity and a quality of life what kind of help was going to be necessary the Southwestern Community Action Agency to thousands of men, women and children in in order to make them golden. has done everything from weatherizing exist- southern West Virginia who had, until Joan After that effort, Joan then served as the co- ing substandard housing, to building housing began her life-long career of outreach to the ordinating supervisor of the Neighborhood projects, for the elderly, for the low-income poor, remained immersed in poverty. Youth Corps, responsible for developing and families, for the homeless, and for the men- She will be sorely missed as she returns to implementing an internal evaluation instru- tally impaired. the heart of her family to spend some quality ment, and recommending to management ap- She pioneered the Head Start Program in time with themÐbut knowing Joan, she will al- propriate changes to make the program more our region, overseeing four county-wide Head ways be involved in the affairs of her commu- efficient and effective for the youth intended to Start Projects, as well as Head Start's Parent nity and indeed in public affairs throughout the be served. These findings too became a writ- Child Centers, providing educational opportu- State. ten report to the U.S. Department of Labor nities to pre-school children and their families, f and were used extensively to improve and en- saw to the fluoridation of the water system, hance neighborhood youth corps programs. advocated for the mentally ill, conducted sev- AMERICAN OVERSEAS INTERESTS In 1967, Joan became the interim executive eral national demonstrations, some of which ACT OF 1995 director of the Southwestern Community Ac- have resulted in Federal legislation, provided tion Council, where she got so busy doing services to the homeless and to troubled SPEECH OF what needed to be done, she never leftÐuntil youth, provided training which has led to jobs HON. TOM LANTOS now. for the unemployed, helped provide small low OF CALIFORNIA Joan Ross knew long before Federal legis- interest loans to low income people who were IN THE HOUSE OF REPRESENTATIVES lation was enacted, that West Virginia's south- trying to start up their own businessÐand she Thursday, June 8, 1995 ern area was very different from the rest of the piloted countless other programs designed to Nation. More than 63 percent rural, the State help the poor stop being poor. The House in Committee of the Whole had hidden poverty pockets that neighboring The story of Joan Ross and her career in House on the State of the Union had under public service is about excellence. When it consideration the bill (H.R. 1561), to consoli- urban areas and officials knew nothing about, date the foreign affairs agencies of the Unit- or not enough to pay attention. comes to bringing people together from all ed States; to authorize appropriations for When, in 1964, the Economic Opportunity walks of life and inspiring themÐchallenging the Department of State and related agen- Act was passed creating her agency, commu- themÐto work together and to make a big dif- cies for fiscal year 1996 and 1997; to respon- nity schools and businesses, restaurants and ference, she has no equal. Joan Ross did all sibly reduce the authorizations of appropria- movie theatersÐwere not yet integrated. Hun- this regardless of anyone's cultural, ethnic, or tions for United States foreign assistance gry school children were not receiving hot racial origins. She did it regardless of a per- programs for fiscal year 1996 and 1997, and for lunches, and health care was nonexistent in son's age, or whether they were from rural or other purposes: most rural areas. At that time, the mentally im- urban settings, and all other socio-economic Mr. LANTOS. Mr. Chairman, I want to ex- paired or disabled child and adult were not factors were taken into consideration for resi- press my strong support for the amendment mainstreamed into societyÐbut were kept hid- dents throughout her service area. proposed by my distinguished friend from Flor- den, either in institutions or by their families. In Joan Ross's life has been about uniting ida, Mr. HASTINGS. His reasonable amendment 1964, Joan had already found that sub- people, never dividing them. calls for restoration of funding for the develop- standard housing was accepted as a con- While Joan spent 26 years counseling, ca- ment fund for Africa to the levels allocated for sequence of poverty, but not as a contributing joling, inspiring and challenging people from this program in the past. I welcome this factor, and people who were poor were per- all walks of lifeÐfrom County Commissions to amendment by my distinguished colleague, ceived as poor by choiceÐbut Joan Ross the State Legislature to the U.S. CongressÐ and I urge my colleagues to support the adop- knew better. from the poorest to the richest in our regionÐ tion of his fair and sensible proposal. The enactment of the Economic Opportunity ultimately getting them to do the right thingÐ Development assistance to Africa now is a Act gave Joan Ross, and many other directors she was completely and selflessly involved at preventive medicine against future more grave of CAP agencies nationwide the opportunity to every other level of community service. How problems, such as those that have plagued bring people together who were concerned she found the time or the energy, we will Somalia and Rwanda in recent years. The about their communitiesÐtheir counties, cities never know. For example: During these 26 peoples of Africa are among the most vulner- and rural hamletsÐpeople who wanted to find years Joan served as a member of the Junior able people on earth, the peoples most in a way to help the poor help themselves. League of Huntington, was active in her need of our help anywhere. If we can encour- Joan, along with the staff which she re- church, served as chairperson of the board of age the advancement of the African countries cruited and who have served with her for trustees of the greater West Virginia Employ- through programs that focus on economic and nearly the same length of years at Southwest- ees Health and Welfare Trust, served as political development, this will be important in ern, took it upon herself to become a pioneer president of the WV Community Action Direc- preventing future problems. Assistance now in Lyndon Johnson's war on Poverty, taking tors Association, served on the Greenbrier will help prevent crises in the future. As with on new programs that no one else would Mission Development Fund, was chairperson medical care, prevention is far more cost-ef- touchÐand making them work as they were of the State Visiting Committee of West Vir- fective than post-crisis intervention. A few mil- intended to work: Helping the poor to help ginia University, as chairperson of the Cabell- lion dollars today to assist the countries of Af- themselves. Huntington Red Cross, as the national vice rica deal with their very serious problems can The people in southern West Virginia, president of the Council of Agriculture Re- save our Nation billions in the future by pre- brought together by Joan Ross and kept to- search, Extension and Training, served on the venting or minimizing the development of hu- gether by her unstinting efforts over the years, West Virginia Mental Health Planning Commit- manitarian emergencies and totalitarian re- were somewhat awed by the sight of bankers tee, as well as with the West Virginia Alliance gimes that could some day once again threat- working with welfare mothers, rural folks with for the Mentally Ill, as president of the en the peace and stability of that continent. urban folksÐyoung people with senior citi- Prestera Center for Mental Health, Chaired the Development assistance is an investment in zensÐand volunteers with working people. Policy Committee of the WV State Jobs Train- the future stability of that Continent. We need When Joan Ross began her service with the ing Coordinating Council, president of the For- only remember the horrifying television pic- Southwestern Community Action Agency as its est Management Corporation, and still serves tures of the crisis in Rwanda last summer to interim director 26 years ago, her job was to as a member of the Huntington Hospital for be reminded of the dreadful cost of instability help organize and stabilize the agency. Over Rehabilitation Board of Directors. And all this and crisis in Africa. To the extent that we are more than a quarter century, she has seen the time, Joan was raising her four children and able to prevent such humanitarian disasters by program grow from a tenuous one to a multi- being a supportive wife to her husband, Dr. fostering economic development and political million dollars corporation-still receiving Fed- Thomas Ross. stability, we are saving resources and contrib- eral support from a few remaining programs I have known Joan Ross for all of these uting to global stability, goals which are clearly under the old OEAÐbut which has grown and years, and have been both inspired and hum- in our national interest. June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1255 The amendment of my friend from Florida to First, it requires that the State Department, FLAG DAY maintain development aid to Africa at current the Transportation Department, and the modest levels will be an important impetus to Central Intelligence Agency and other relevant HON. WILLIAM J. MARTINI further economic and political development in agencies appoint an officer responsible for South Africa. All of us in this Congress were handling missing person issues. Among the OF NEW JERSEY cheered a year ago to see the first free, uni- 2,204 Americans still missing and unac- IN THE HOUSE OF REPRESENTATIVES versal and multi-racial elections take place in counted for from the Vietnam war are civilians Wednesday, June 14, 1995 South Africa. For years Americans have fol- associated with the State Department and Mr. MARTINI. Mr. Speaker, today I rise to lowed closely and sought to encourage devel- Coast Guard personnel. opments in South Africa to bring about an end commemorate not a person, not a place, but to apartheid and to encourage democratic de- Second, it directs the Defense Department a symbol. That symbol is the flag of the United velopment. While all of us have been de- office to coordinate with these other agencies States of America. Today, on Flag Day, we lighted with the progress that has taken place thereby ensuring a common, focused ap- celebrate all this symbol has come to rep- thus far, the democratic evolution of South Af- proach to achieving the fullest possible ac- resent. rica depends on economic progress in South counting of missing Americans. During World War II the Marines planted Africa. Furthermore, the progress in South Af- Third, it changes from 24 hours to 30 days Old Glory at Iwo Jima; the U.S. astronauts rica could be undermined if development lags the time allotted to a family member in re- placed the flag on the Moon; and every day and instability increases in the rest of Africa. sponding to the Defense Department board of our flag hangs behind the Speaker's chair as Furthermore, our assistance is not simply al- inquiry. an individual reminder of why each one of us truistic. Africa is a continent of rapidly growing here in the House of Representatives have countries, countries which are potential mar- Fourth, it extends the time after which the chosen to come to our Nation's Capitol. It is kets for United States products which our Defense Department can terminate the board to insure the preservation and enhancement of workers and our factories produce. These after first notice of a disappearance from 20 to the greatest form of government ever con- countries are sources of important goods and 30 years. Many of the still unresolved POW/ ceived. products that the American people and the MIA cases from the Vietnam war date back to Mr. Speaker, as you may be aware, evi- American economy require. It is in our own a loss over 20 years ago. dence from archaeological digs proves that in- national interest to foster economic develop- Fifth, it provides the family of the missing dividuals created flags as early as 3500 B.C. ment and progress for the peoples of Africa. American the right of judicial review for any These findings have shown that national pride Mr. Chairman, I strongly support the amend- finding of death made by the board. symbolized by a flag has existed for thou- ment of Mr. Hastings. sands of years. It is no wonder that imme- f I support this effort to improve the system of diately upon colonization America's first set- determining the status of missing Americans. tlers raised colonial flags; and that upon unifi- NATIONAL DEFENSE AUTHORIZA- While some may claim the system does not cation of the United States, one flag was TION ACT FOR FISCAL YEAR 1996 need fixing, the last 22 years of very frustrat- raised to symbolize the birth of our new Na- ing experiences by the families of missing tion. SPEECH OF Americans underscores to me the need for The American flag is not merely a piece of HON. JAY KIM statutory reforms. I think this measure goes a cloth, rather it is a concrete symbol of what is OF CALIFORNIA long way in implementing the kinds of valued in America. Almost 80 years ago on IN THE HOUSE OF REPRESENTATIVES changes these trying experiences have identi- this day President Woodrow Wilson said: fied. Tuesday, June 13, 1995 This flag, which we honor and under which However, that is not to say that section 536, we serve, is the emblem of our unity, our The House in Committee of the Whole even with the improvements offered by the power, our thought and purpose as a nation. House on the State of the Union had under It has no other character than that which we consideration the bill (H.R. 1530) to authorize Gilman amendment, is perfect. I have re- give it from generation to generation. The appropriations for fiscal year 1996 for mili- viewed the concerns raised by the Defense choices are ours . . . tary activities of the Department of Defense, Department about these proposed changes Having the honor of being a Congressman to prescribe military personnel strengths for and I believe further refinements are in order from the State of New Jersey, I am proud of fiscal year 1996, and for other purposes: to address some of these issues. Mr. KIM. Mr. Chairman, I rise in support of the contribution our State has had to the cre- the Gilman amendment which modifies section Furthermore, I am concerned about the lack ation of the flag. Francis Hopkinson, a signer 563 of the pending bill regarding the deter- of definitive language regarding the rights of of the Declaration of Independence and a resi- mination of whereabouts and status of missing the primary next of kin, especially with regard dent of New Jersey, was responsible for the persons. to other family members. While I understand stars in the U.S. flag. First, though, I want to take a moment to the interest in expanding the decision-making Since a New Jerseyian helped create the recognize the unselfish support and dedication process to include other family members, I am flag, I am pleased to help take steps to forbid our colleague BEN GILMAN, the chairman of aware of the complications this can present to the desecration of the American flag. the International Relations Committee, has both the Government and the families them- Congressman GERALD SOLOMON (R-NY) has given to trying to help realize the fullest pos- selves. The present set of rights and respon- introduced H.J. Res. 79, a Constitutional sible accounting of American POW/MIA's. sibilities accorded to the primary next of kin amendment to prohibit physical desecration of Since coming to Congress in 1973, BEN GIL- should be maintained. This relationship in its the Flag of the United States. Some individ- MAN has been a responsible voice in protect- current form appears to have worked well. In uals will argue that this issue deals with the ing the rights of the families and trying to find fact, I believe that some of the overall con- constitutional issue of free speech. I would answers to the questions about the fates of cerns raised by the Defense Department could argue that freedom of speech should be exer- their missing loved ones. I think we all owe a be mitigated by clearing defining the principal cised and celebrated, and that even the freest debt of gratitude to Chairman GILMAN for his role of the primary next of kin. of societies needs a common baseline of de- never-ending service and commitment to this cency that should not be crossed. Without this most complex and frustrating of issues. I am sure that these further improvements baseline, a free society could quickly become Section 563 of the National Defense Author- can be made during consideration of this issue an anarchical one. If it were not for our system ization Act would require the Secretary of De- by the other body or during the House-Senate of government and its institutions, these rights fense to centralize the oversight and policy re- conference on the fiscal year 1996 National would not exist. As the symbol of those institu- sponsibility for accounting for missing person- Defense Authorization Act. tions, the flag deserves our respect and nel. It also codifies and standardizes the pro- Hopefully, with more comprehensive ac- should be protected from gross defamation. cedures for accounting for members of the counting from Vietnam and these new proce- I am proud to be an original cosponsor of Armed Forces or civilian employees of the De- dures for determining the whereabouts and H.J. Res. 79. I am convinced this amendment fense Department who become missing as a status of missing personnel, we will be able to to our Constitution is one of the best ways in result of military operations. bring a close to this final chapter of the Viet- which we can restore the proper sense of re- The Gilman amendment further refines and nam war. spect and appreciation for our flag and our in- improves these new procedures: stitutions. E 1256 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 AMERICAN OVERSEAS INTERESTS SAUDI ARABIA STILL DELAYS consideration the bill (H.R. 1561), to consoli- ACT OF 1995 PAYMENT TO UNITED STATES date the foreign affairs agencies of the Unit- COMPANY ed States; to authorize appropriations for the Department of State and related agen- SPEECH OF cies for fiscal year 1996 and 1997; to respon- HON. ROBERT E. ANDREWS sibly reduce the authorizations of appropria- HON. WILLIAM P. LUTHER OF NEW JERSEY tions for United Stats foreign assistance pro- IN THE HOUSE OF REPRESENTATIVES grams for fiscal year 1996 and 1997, and for OF MINNESOTA other purposes: Wednesday, June 14, 1995 IN THE HOUSE OF REPRESENTATIVES Mr. ANDREWS. Mr. Speaker, I rise today to Mr. LANTOS. Mr. Chairman, I want to ex- press my opposition to the amendment pro- Thursday, June 8, 1995 voice my continued and growing concern and frustration over the delay by the Saudi Arabian posed by my distinguished friend from Illinois, The House in Committee of the Whole Government in paying the $43.4 million claim Mr. HYDE. I have the highest regard for my House on the State of the Union had under of my constituent Gibbs & Hill Inc. I have risen friend from Illinois. He and I have worked to- consideration the bill (H.R. 1561), to consoli- numerous times on the floor of this House to gether on many issues, and we agree on date the foreign affairs agencies of the Unit- urge Saudi Ambassador Bandar to favorably many of the most fundamental of those is- ed States; to authorize appropriations for sues. I respect his principled opposition to the the Department of State and related agen- resolve this last remaining claim, as has been committed to repeatedly by the Kingdom, and War Powers Act, and I have heard him ex- cies for fiscal year 1996 and 1997; to respon- press his disagreement with that legislation on sibly reduce the authorizations of appropria- thereby complete his mandate for satisfactory tions for United States foreign assistance resolution of these claims under the special many different occasions over the years as we programs for fiscal year 1996 and 1997, and for claims process. have served together on the Foreign Relations other purposes: On Friday, we passed the American Over- Committee. Like Congressman HYDE, I have serious Mr. LUTHER. Mr. Chairman, I am commit- sight Interest Act (HR 1561) which contained reservations about the way in which fun- ted to ensuring that all efforts are taken to re- a provision sponsored by myself and Rep- damental questions regarding the decision to cover our American POW's and MIA's from resentative SMITH to further this policy objec- commit United States troops abroad have the Vietnam and Korean wars. After 27 years tive of our Nation. Section 3312, Notification of been made over the years. I have had dis- of families waiting for news and information Arms Sales to Saudi Arabia, requires the agreements with Republican presidents and about loved ones, the time has come to renew President to notify to Congress of all arms with Democratic presidents, and it will come our national commitment to those American sales to the Kingdom of Saudi Arabia until as no surprise to my colleagues to know that soldiers still unaccounted for in Southeast such a time as the Secretary of State certifies I have not hesitated to express those dif- Asia. that the Kingdom has satisfactorily resolved all claims identified in the June 30, 1993, report ferences both publicly and privately. As Chair- We must do all we can to achieve the fullest of the Secretary of Defense pursuant to the man of the Subcommittee on International Se- possible accounting of our POW/MIA's. We section 9401(c) of the fiscal year 1993 Depart- curity, International Organizations, and Human must reach out to the families of POW/MIA's ment of Defense Appropriations Act. Rights in the last Congress, I chaired a num- and listen to their stories. We must continue to Now is the time for Ambassador Bandar to ber of hearings related to this issue. seek answers to the questions that remain, address this issue, meet with the company, I have the highest regard for my distin- and we must address our past failures and de- and implement the payment of the claim. Am- guished friend from Illinois, and I acknowledge velop more positive future solutions. bassador Bandar's authority to implement pay- that his amendment to repeal the War Powers One of those stories is the story of Joan ment of the claim is certain as was confirmed Act and to establish provisions that provide for O'Brien, a constituent of mine and an active to Members of Congress and the company as Executive-Legislative consultations is a seri- member of the Minnesota League of POW/ recently as May 2, 1995, by U.S. Ambassador ous and thoughtful effort to deal with the prob- MIA's. Her brother, Sgt. Eugene Allen Raymond Mabus. Ambassador Mabus has lem of the commitment and involvement of Handrahan has been missing in action since steadfastly advocated the State Department's American military forces abroad. October 10, 1968. She is convinced that the position that the claims be satisfactorily re- At the same time, however, Mr. HYDE's POW/MIA's issue has been seriously mis- solved by Ambassador Bandar under this amendment suffers from the same fundamen- handled and is frustrated by our inability to mandate. In his May 22, 1995, conversation tal flaw that undermines the entire bill that is adequately address the lack of information with the company and Members of Congress, before us today, Mr. Chairman. It is a partisan available to her family about her brother. She Ambassador Mabus noted that he had been document that has been imposed by the Re- feels as though our Government has stopped assured by a member of the Saudi royal court, publican majority, first in the International Re- looking for positive solutions. I understand her on the authority of the King, that the claim lations Committee and now, I fear, in the feelings and am concerned with the Depart- would soon be paid. Despite this direct and House of Representatives. Our foreign policy ment of Defense's unwillingness to provide unequivocal commitment, the Kingdom has yet should be a bipartisan effort that jointly in- this family with complete information. to pay the claim. The unresolved claims be- volves the Administration and the Congress, Today we have before us a positive ap- tween American companies and the Kingdom and both of our political parties. Furthermore, proach. I applaud my colleague, Representa- of Saudi Arabia continue to place a strain on it is again being done without thoughtful delib- our relationship with the Kingdom. On April 7, tive FRED UPTON for his provision in the Amer- erate consideration and evaluation by the ican Overseas Interest Act, adopted in the 1995, I and several of my colleagues wrote to Committee of jurisdiction. Chairman GILMAN requesting that a hearing be manager's amendment, which I voted for and There were no hearings in the International scheduled as soon as practical to consider fully support. Representative UPTON's lan- Relations Committee on the specific amend- U.S. bilateral relations with the Kingdom. I guage enables us to reach out to citizens of ment Mr. HYDE is presenting to us here today; renew my call to Chairman GILMAN to sched- countries who may have access to information There was no effort to solicit the thoughtful ule hearings on this subject so that we may about our missing service personnel. This pro- views of the Administration about mechanisms fully explore our commercial relationship with vision grants asylum in the United States to to assure consultation between the Adminis- the Kingdom. any citizen of Laos, Vietnam, or Cambodia tration and the Congress; there was no effort who personally delivers into the custody of the f to seek the views of scholars and lawyers and U.S. Government a living American POW or AMERICAN OVERSEAS INTERESTS historians about the potential impact of those MIA of the Vietnam war, and to any citizen of ACT OF 1995 changes; there was no attempt to develop an North Korea, South Korea, or China who deliv- amendment that had input from and reflected ers an American POW or MIA from the Ko- SPEECH OF the concerns of the Democratic members of rean war. HON. TOM LANTOS the International Relations Committee. Mr. Chairman, this is the least we can do to Regretfully, Mr. Chairman, with Mr. HYDE's OF CALIFORNIA show our support and appreciation to those amendment we are simply continuing the par- IN THE HOUSE OF REPRESENTATIVES who risk their lives to bring American soldiers tisan politicization of our foreign policy at the home. It is the least we can do to answer to Thursday, June 8, 1995 very time that we should be working together the millions of families still waiting for positive The House in Committee of the Whole to deal with the serious challenges that our solutions. House on the State of the Union had under Nation faces in the post-cold war world. There June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1257 may be merit in the proposals of my distin- Health Administration [OSHA]. When financial boys as young as 11 years old have been re- guished friend from Illinois, but this amend- transactions became suspect, the Securities cruited into military training. It is quite obvious ment should be thoughtfully considered and and Exchange Commission [SEC] was cre- that the future of these children is very bleak, evaluated, not presented as an amendment to ated. When some States proved to be irre- that is without proper intervention. this piece of legislation without proper reflec- sponsible on civil rights issues, the Federal Moreover, since we always only focus on tion. Government initiated the U.S. Commission on the hardships of Africa, this day is a time to Mr. Speaker, I strongly oppose the amend- Civil Rights. The boxing industry has had over also look at the accomplishments of the con- ment. 100 years to get its act together, and it has tinent. For not every child in Africa suffers f failed. It is time for Congress to get involved. from disease and malnutrition, or is impover- Only a handful of States conduct oversight ished or illiterate. INTRODUCTION OF THE ‘‘BOXING over boxing, and only a few of those do it ef- I thank all of my colleagues for their atten- SAFETY, RETIREMENT, AND RE- fectively. Too often, State agencies have been tion to this important matter and I hope that TRAINING ACT OF 1995’’ co-opted by those with a financial interest in each and everyone of you will participate in the sport. My bill would create an unbiased this observation. HON. MAJOR R. OWENS board whose members would be unable to It is up to us to let these children know that OF NEW YORK reap monetary reward from the industry while their struggles were not in vain. IN THE HOUSE OF REPRESENTATIVES serving. The board would be comprised of f Wednesday, June 14, 1995 neurological specialists, average citizens, and a representative from the boxing world. The A TRIBUTE TO SOUTH GLENS Mr. OWENS. Mr. Speaker, I rise to intro- board's members would be given the respon- FALLS CENTRAL SCHOOL VOL- duce the Boxing Safety, Retirement, and Re- sibility of establishing minimum standards to UNTEER/MENTOR PROGRAM training Act of 1995. This bill would create a which States must adhere. States with effec- Government corporation that would oversee tive agencies would be able to maintain auton- HON. GERALD B.H. SOLOMON the boxing industry, ensure that healthy work- omy, but states with little or no oversight OF NEW YORK ing conditions exist, and eliminate the wide- would be forced to improve. IN THE HOUSE OF REPRESENTATIVES spread corruption and exploitation that runs Without this bill, the unconscionable prac- Wednesday, June 14, 1995 rampant within the sport. The bill places spe- tices of this sport will continue. Oversight re- cial emphasis on assuring the health and safe- sponsibility will continue to be left to those in- Mr. SOLOMON. Mr. Speaker, it is a privi- ty of boxers. dividuals who have proven that greed is their lege to rise today and pay tribute to a program Boxers are never privileged individuals. motivating force. Unsuspecting minority youth which provides a tremendous service to the They primarily are minorities from disadvan- will still be exploited. Boxers will never be able students and community of South Glens Falls. taged areas, easily susceptible to the unscru- to voice objections to working conditions. And The Volunteer/Mentor program is completing pulous business practices of boxing promot- an elite group of promoters will keep becom- its 2nd year of service helping elementary and ers. Traditionally, minority youth have viewed ing very, very rich. middle school children with their self-esteem, a boxing career as a way to leave behind a I am in no way asking for a ban of the sport, allowing them to meet their academic and per- life of poverty and gain wealth and stability for just some oversight. Amateur boxing programs sonal potential. themselves and their families. in neighborhoods have been successful in get- Young people comprise America's greatest Often these men have no other hope. They ting young people off the street and giving asset. In that respect, a program like this one are poorly educated and face an inhospitable them confidence. It is the professional arena is invaluable and representative of that job market. Boxing promoters exploit the where the problems lie. For the sake of the uniquely American concept of volunteerism. In dreams of young boxers by promising lucrative young men involved and fostering the integrity this day and age especially, our children are careers. Once boxers enter the business, they of the sport, I urge my colleagues to pass this subject to an alarming range of negative influ- surrender all control over their careers. They legislation. ences. Therefore, it is critical that we call upon are used like property for the financial gain of f the entire community to assist our young peo- others. ple in overcoming problems with their self-es- The industry is controlled by a few organiza- OBSERVING THE FIFTH ANNUAL teem by countering the impact of damaging tions, manipulated like puppets by a small DAY OF THE AFRICAN CHILD social ills. That is why the service of the 60 number of immensely powerful promoters. In volunteers in this program is so critical. this equation, the boxer is powerless. He must HON. FLOYD H. FLAKE Allow me to recount some of the efforts of play by their rules or not play at all. If he com- OF NEW YORK these mentors. They meet with the students in small, or even one to one settings for at least plains, he is not allowed to fight. If he speaks IN THE HOUSE OF REPRESENTATIVES publicly about negative conditions, he faces 45 minutes per week. This relationship be- banishment and an end to his financial sup- Wednesday, June 14, 1995 tween mentor and child lasts for a minimum of port. If he wants to fight in title matches, he Mr. FLAKE. Mr. Speaker, I rise today to ask one school year, whereby affected children re- must sign contracts rife with clauses that di- my colleagues to support the observance of ceive the degree of attention they need to en- rect money to the promoter's family and the African Child on June 16, 1995. sure they reach their maximum potential. friends. This situation becomes especially I come to you today with this request simply These volunteers and the children often estab- problematic when the boxer has little edu- because it only seems suitable, coming from a lish such strong bonds that many mentors cation, might not speak English, and has no country that invests in human capital, that have extended their service for a 2nd year. other financial resources. each and every Member should be able to This type of devotion exemplifies those The boxing industry might say that it is look within their hearts and realize that the Af- qualities which make Americans, and America, being unfairly singled out because the Govern- rican, specifically the South African, child has great. I have always felt that there are three ment does not directly regulate any other pro- been traumatized over the course of apartheid distinct reasons for this greatness, American fessional sport. But the reason we do not di- and the demoralization of Africa as a whole. pride, patriotism and volunteerism. The Amer- rectly regulate other sports is because we do The Day of the African Child commemorates ican people have been noted for this voluntary not need to; they have proven over time that the June 16, 1976 massacre of school chil- service, be it in the fire departments, civic and they can manage their own affairs. Through dren in Soweto, South Africa. Since the origi- community organizations or extracurricular players' unions, most professional athletes nal designation by the Organization of African programs at our schools. have recourse against unfavorable working Unity in 1991, it has become an event that Mr. Speaker, the United States of America conditions. Golfers, bowlers, and baseball, has mobilized communities around the world is the longest continuing democracy in the football, and basketball players, all have an to look at the situation of all African children world and a model for emerging countries. In avenue that prevents them from being ex- and to celebrate the diverse cultures and tradi- that same mold, people like those who com- ploited. Boxers have none. tions of the large continent. prise the Volunteer/Mentor program in the This bill is not the first attempt by Congress The theme of this years Day of the African South Glens Falls Central School District are to get involved in an industry that cannot mon- Child will deal with children in armed conflict. models for all of us here. To that end, I have itor itself. When working conditions became in- Amazingly enough, a study showed that 75 always been one to judge people based on tolerable, the Federal Government stepped in percent of the children in Rwanda has seen what they return to their community. By that and formed the Occupational Safety and mass killings. In several African countries, measure, these volunteers are truly great E 1258 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 Americans. I ask, Mr. Speaker, that you, and drinking water, and I appreciate the fact that In view of the scope of the changes that all fellow Members, join me in paying tribute to Congress has shown support for efforts to im- have been proposed, the amendment of Mr. this program that works to protect our future. prove drinking water supplies in South Dakota. ACKERMAN is a reasonable, prudent, and f I look forward to continue working with my col- thoughtful effort to consider the impact and leagues to have that support extended to the evaluate the consequences of consolidation INTRODUCTION OF THE LEWIS Lewis and Clark Rural Water System. before that irreversible step is taken. In the AND CLARK RURAL WATER SYS- f last few months, Mr. Chairman, this House TEM ACT OF 1995 has not been given to actions that are reason- AMERICAN OVERSEAS INTERESTS able, prudent, and thoughtful. In this case, HON. TIM JOHNSON ACT OF 1995 however, we are dealing with the national se- OF SOUTH DAKOTA SPEECH OF curity of the United StatesÐand caution is IN THE HOUSE OF REPRESENTATIVES HON. TOM LANTOS only appropriate and reasonable in this case. If this consolidation policy is so all-important Wednesday, June 14, 1995 OF CALIFORNIA and self-evident, why did we not have such Mr. JOHNSON of South Dakota. Mr. Speak- IN THE HOUSE OF REPRESENTATIVES proposals from two presidents and four Sec- er, today, I am introducing legislation, along Thursday, June 8, 1995 retaries of State in the previous administra- with my colleague, Representative DAVID The House in Committee of the Whole tions. Alexander Haig, George Schultz, Jim MINGE of Minnesota, to authorize the Lewis House on the State of the Union had under Baker, and Larry Eagleburger were obviously and Clark Rural Water System. I introduced consideration the bill (H.R. 1561), to consoli- similar legislation last year during the 103d guilty of a tremendous dereliction of duty and date the foreign affairs agencies of the Unit- responsibility for not proposing the wholesale Congress, with Representative MINGE and ed States; to authorize appropriations for then Representative Grandy of Iowa as origi- the Department of State and related agen- downsizing of our foreign policy apparatus. If nal cosponsors. I look forward to again work- cies for fiscal year 1996 and 1997; to respon- there is such urgency for this action, if there ing closely with my colleagues for timely con- sibly reduce the authorizations of appropria- is such necessity to take these decisions with- tions for United States foreign assistance sideration of this important measure. out essential review, study, and reflection be- programs for fiscal year 1996 and 1997, and for fore acting, these previous Secretaries of The Lewis and Clark Rural Water System is other purposes: made up of 22 rural water systems and com- State should have been able to see and make Mr. LANTOS. Mr. Chairman, I want to ex- munities in southeastern South Dakota, north- such recommendations for change. press my strong support for the amendment western Iowa, and southwestern Minnesota Furthermore, Mr. Chairman, no effort has proposed by my distinguished friend from New who have joined together in an effort to coop- been made to consult and work with the De- York, Mr. ACKERMAN. His reasonable amend- partment of State and the administration to eratively address the dual problems facing the ment calls for reports by the Congressional come up with a bipartisan consensus to deal delivery of drinking water in this regionÐinad- Budget Office and the Office of Management with this consolidation. All of us agree that equate quantities of water and poor quality and budget prior to implementing the provi- government can and should be made more ef- water. sions of this legislation requiring the consolida- ficient and that redundancies should be elimi- This region has seen substantial growth and tion of the functions of the Agency for Inter- nated. But it is highly inappropriate for the development in recent years, and studies have national Development, the United States Infor- Congress to dictate to the administration the shown that future water needs will be signifi- mation Agency, and the Arms Control and Dis- structure of our foreign policy agencies. These cantly greater than the current available sup- armament Agency into the Department of ply. Most of the people who are served by 10 State. are decisions that can and should be made of the water utilities in the proposed Lewis and The organizational changes that are man- cooperatively in a bipartisan fashion. Clark project area currently enforce water re- dated in this legislation are the most sweeping Mr. Chairman, during the 141¤2 years that I strictions on a seasonal basis. Almost half of and comprehensive changes ever proposed to have served in this Congress, 12 of those the membership has water of such poor qual- the structure and function of the agencies years were with a Republican administration ity it does not meet present or proposed charged with the conduct of our Nation's for- and a Democratically-controlled House of Rep- standards for drinking water. More than two- eign policy. None of the Members of the Con- resentatives. During those 12 years, the thirds rely on shallow aquifers as their primary gressÐno matter how long they have been Democratic members of the Foreign Affairs source of drinking water, aquifers which are serving in this House or in the other cham- Committee consulted with our Republican col- very vulnerable to contamination by surface berÐhave dealt with changes in our foreign leagues on the Committee and with the Re- activities. policy agencies of this massive a scale and publican administration to try to achieve a truly The Lewis and Clark system will be a sup- none of us have any sense of what the bipartisan foreign policy. While there were plemental supply of drinking water for its 22 unforseen consequences may be. some areas of disagreement, in the foreign members, acting as a treated, bulk delivery Before the Department of Defense scaled policy realm we were remarkably successful in system. The distribution to deliver water to in- back and reorganized our national defense ef- achieving broad bipartisan agreement. dividual users will continue through the exist- fort, a Bottom-Up review was conducted to as- Mr. Chairman, in coming up with the legisla- ing systems used by each member utility. This sess our Nation's defense requirements in the tion that is now before us, I find that the pro- regionalization approach to solving these post-cold war world. But here in the case of cedure which we used through the yearsÐof water supply and quality problems enables the the Department of State, we have had only a consulting with Republicans and Democrats to Missouri River to provide a source of clean, few general hearings before the International safe drinking water to more than 180,000 indi- Relations Committee earlier this year on reor- come forward with bipartisan proposalsÐis all viduals. A source of water which none of the ganization in general. After the specific provi- gone by the board. I think it is a sad spectacle members of Lewis and Clark could afford on sions of this legislation were drafted, the Inter- when the bipartisan foreign policy process of their own. national Relations Committee held a single this Nation is torn asunder for cheap partisan The proposed system would help to stabilize hearing on the specific reorganization propos- political ends. This is not the way to build a the regional rural economy by providing water als in this legislationÐa hearing, I should add, superpower and enhance its ability to conduct to Sioux Falls, the hub city in the region, as which was requested by the Democratic mem- foreign affairs in the 21st century. well as numerous small communities and indi- bers of the Committee to provide the adminis- What we see in this legislationÐin this rush vidual farms in South Dakota and portions of tration with the opportunity to comment on the to consolidation with no regard for the con- Iowa and Minnesota. language in the bill. sequences and with no consideration of alter- The States of South Dakota, Iowa, and Min- Mr. Chairman, our Nation is facing unprece- nativesÐis rampant isolationism in action. As nesota have all authorized the project and dented challenges and threats to the security I told my colleagues in the markup of this leg- local sponsors have demonstrated a financial of our Nation as we face the uncertainly of the islation in the International Relations Commit- commitment to this project through State post-cold war world. No effort has been made tee, this is nothing more than pathetic, prepos- grants, local water development district grants, a assess the nature of the perils we face, no terous partisan posturing. It is cutting to and membership dues. The State of South effort has been made to assess how our Na- shreds the international capabilities of the one Dakota has already contributed more than tion's foreign policy agencies can best address remaining superpower on the face of this plan- $400,000. these threats, no effort has been made to de- et. It was aptly and accurately described by Mr. Speaker, I do not believe our needs get termine the impact of this massive restructur- Dr. Tony Lake, the National Security Advisor any more basic than good quality, reliable ing of our foreign policy organizations. to the President, as unilateral disarmament. June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1259 Mr. Chairman, the amendment of Mr. Acker- state, local and federal officers to carry con- There have, of course, been failings of gov- man is a rational approach, a thoughtful rec- cealed weapons in all United States jurisdic- ernment programs, but we should not let the ommendation in dealing with a process of con- tions. shortcomings blind us to the very real suc- This legislation is critically important to cesses of government programs. Social Secu- solidation that should be given serious and public safety on two levels: rity, for example, is the biggest federal pro- careful consideration before it is implemented. First, it provides state local and federal of- gram and is also one of the most successful. For these reasons, Mr. Chairman, I strongly ficers, who are increasingly targeted by the It has had an enormous impact on the lives support the Ackerman amendment. criminal element, with a legal means to de- of seniors. Without it, the poverty rate of f fend themselves and their loved ones in off- seniors would jump from 14% to 50%. And So- duty situations or in their retirement years. cial Security’s administrative costs are less LAW ENFORCEMENT LEGISLATION Secondly, this legislation will have the im- than 1% of benefit payments. mediate effect of putting trained, qualified, Many other examples could be given. Pro- dedicated officers in a position to assist their grams to feed infants and pregnant women, HON. JIM LIGHTFOOT brother and sister officers and citizens no to teach preschool children in Head Start OF IOWA matter where or when the need occurs. classes, student loans, safe drinking water, IN THE HOUSE OF REPRESENTATIVES The careful drafting of your bill, paying medical research are all valuable programs. special attention to the qualification and Wednesday, June 14, 1995 Our agricultural research and extension identification of officers permitted to carry service has helped make U.S. farmers the Mr. LIGHTFOOT. Mr. Speaker, I would like concealed weapons, makes HR1805 preferable world’s best. The aerospace and computer in- to urge my colleagues to support legislation I to other similar legislation, because HR1805 dustries owe their origins to federal pro- have recently offered. Regardless of what we provides better safeguards against officers grams. Even the enormously popular in Congress believe is the best way to ap- endangering one another through mistaken Internet was set up by the federal govern- identity. ment. The FBI is the most respected law en- proach crime control, we can all agree there is Again, the rank and file law officers of this no more important resource in that effort than forcement organization in the world. And country thank you and we look forward to our armed forces are preeminent in the the men and women who serve our Nation's working with you on this and the many world. communities as law enforcement officers. other police issues in which you have taken It may be unpopular to point out some The legislation I am referring to is H.R. a leadership role, most notably the HR878, good things about government, but it really 1805. This legislation would allow off-duty and the Police Officers’ Bill of Rights. ought to be done. We simply will never get a retired law enforcement officers to carry con- Sincerely, sensible role for government if people think DEWEY R. STOKES, of government as the enemy. cealed weapons. As a former law enforcement National President. officer, I can tell you that the daily duties of GOVERNMENT FAILURES police officers are regularly fraught with dan- f Second, there have been government fail- ger. And just by virtue of doing their jobs, po- A SENSIBLE ROLE FOR OF ures. The ‘‘Star Wars’’ antimissile defense lice officers make many enemies within the system, burdensome regulations on business, GOVERNMENT tax, subsidies that lead U.S. companies to criminal community. Those who have served move jobs overseas, all are wasteful. There is in law enforcement have many legitimate con- HON. LEE H. HAMILTON no reason to have 689 federal programs for cerns about their safety and the safety of their OF INDIANA rural development or more than 150 job loved ones. Allowing those officers who are IN THE HOUSE OF REPRESENTATIVES training programs. off-duty or retired to carry concealed weapons Every problem does not have a legislative can help allay those fears. Wednesday, June 14, 1995 solution, and legislators, who are used to In addition, regardless of whether they are Mr. HAMILTON. Mr. Speaker, I would like to solving problems, must remember that. One on or off duty or retired, police officers know insert my Washington Report for Wednesday, particularly bad procedure, often used in re- cent years, is to try to solve a national June 14, 1995, into the CONGRESSIONAL what to do in the event of a crime, how to mega-problem with one huge mega-bill, con- minimize threats to the public safety and how RECORD. sisting of thousands of pages. Congress must best to apprehend a criminal. Providing those A SENSIBLE ROLE FOR GOVERNMENT narrow its agenda. who are the most knowledgeable about how to The heart of the political debate today is Various federal programs—no matter how catch and restrain criminals with the ability to over what is the core responsibility of gov- well intentioned and no matter how impres- carry weapons makes such action easier. This ernment. Some insist that fairness requires sive the title—simply don’t work. And we legislation gives us an additional tool with federal standards for assistance and help to will never be able to develop a sensible role which to fight violent crime. I would also tell all who qualify. Others say those federal of government if we think otherwise. standards have created a mess and want to my colleagues who have legitimate concerns SENSIBLE ROLE OF GOVERNMENT shift various social programs to the states. Third, our goal should not be big govern- about the availability of firearms that this Some see a government responsibility to measure was crafted to ensure that it pertains ment, or small government, but effective help rebuild neighborhoods and communities government. The American public is very only to those who are either retired or current and to promote common moral and social skeptical of government, and is demanding a full time police officers charged with the au- principles. Others see an activist government less government-centered approach to na- thority to make arrests, and those who are re- as the problem, not the solution, and insist tional problems. Government still has many quired to regularly qualify in the use of a fire- that government has destroyed peoples’ valuable roles to play, but only if it can do sense of responsibility. things more efficiently and more effectively. arm. Furthermore, the legislation also requires Most Americans would agree that govern- To get there we must be willing to think that officers covered under this bill must be ment cannot solved all our problems but about the role of government less ideologi- able to present a badge and photographic does have a role to play. Government is, cally and more pragmatically—what, after identification. after all, nothing more than people coming all, works. Those government programs that together to accomplish what they could not This legislation has the strong support of the work well should be kept or expanded; those do on their own. It’s about cooperation and 270,000 members of the National Fraternal that don’t should be reformed, terminated, helping each other for our mutual benefit. Order of Police and I ask unanimous consent or turned over to someone else. that a letter to that effect from FOP President What Americans want is a government that The private sector has taken this approach works better and costs less; that is more re- in recent years. Government should follow Dewey Stokes be inserted in the The RECORD sponsive to the needs of the average Amer- at this point. suit. Those companies which have been most ican. successful in reforming themselves did not I hope my colleagues will agree with me To develop a sensible role of government, I try simply to downsize—to cut costs or per- that we owe it to our Nation's law enforcement think we need to keep a few basic points in sonnel by a certain amount—but to rethink mind: officers not to stand in the way of their efforts what they have been doing—looking at their to protect themselves and others. I believe this GOVERNMENT SUCCESS various missions and expanding on what legislation meets that goal. I urge my col- First, there have been major government they are doing well and abolishing what leagues to support H.R. 1805. successes. In public meetings in Indiana I doesn’t work. FRATERNAL ORDER OF POLICE, will often ask whether anyone can name a The same should be true for government. Washington, DC, June 13, 1995. federal program that works well. Usually not From the President on down to the local Hon. JIM ROSS LIGHTFOOT, a single hand goes up, even when the audi- level, public officials and citizens need to get U.S. House of Representatives, Washington, DC. ence is filled with people who are getting so- engaged. We need to address several ques- DEAR CONGRESSMAN LIGHTFOOT: On behalf cial security checks every month, who drove tions: of the 270,000 members of the Fraternal Order to the meeting on the interstate highway What should be the appropriate role of the of police, I thank you for the introduction of system, or received a first-rate education be- federal government as we approach the 21st HR1805, which will allow off duty and retired cause of the GI Bill. Century? E 1260 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 If the federal government weren’t already who screamed at the TV cameras that Reyn- We were asked to write about our flag or carrying out a certain program, would it be olds beat his wife. Memorial Day. We found it difficult to sepa- created today? The wife since has indignantly denied rate the two because both of these represent Can we pay for whatever we decide the gov- being beaten and says the ex-secretary is a our nation and its beliefs. ernment ought to do? nasty, politically motivated liar. But what We are a country because we wanted our Do states have sufficient resources and ca- does a mere wife know about such matters? rights and freedom. Many wars have been pability to resume the full role under the Of course, this is a noble pursuit of justice. fought to keep us a free nation. Constitution? I can’t think of anything that could make Students in the past have said the Pledge What should be the balance between the the streets of Chicago and its suburbs safer of Allegiance to our flag, today we continue private sector and the public sector? than a successful proof that Reynolds frol- to say the pledge. When we make this pledge, If we undertake this effort, I think we will icked with a consenting young bimbo. We fi- we are saying we believe in our country. be getting at the core of what bothers Amer- nally could return to the good old days, On Memorial Day, we salute the men and ican about government and its performance. when we didn’t have to lock our doors at women who have fought for our freedom. It And we would be undertaking a comprehen- night. is our hope that each time you say the sive, objective review of the federal govern- It is comforting to know that investigators Pledge of Allegiance, you remember its ment that is clearly long overdue. We might are out there knocking on doors and asking meaning and that you take the time to think not only get better government, but also every female to whom Reynolds ever has said about the men and women that have fought government that is more broadly supported ‘‘howdy-do’’ if he ever leered, pinched, nib- to keep us one nation, under God, indivisible, by the American people. bled, oggled, drolled or breathed heavily in with liberty and justice for all. WHY MEMORIAL DAY IS IMPORTANT f her presence. And Fearless Jack is to be commended for (By Tasha Voeltzel) FEARLESS JACK’S WAR ON ‘‘NON- his devotion to duty. Not only commended, Good morning Congressman Duncan Hun- CRIMES’’ but touted for higher office, which is the ter, Mr. Miller, staff, and students. highest praise a Republican prosecutor can I think Memorial Day is important because get for skinning a Democratic congressman. it is a day that we need to salute to the peo- HON. ANDREW JACOBS, JR. But it is obvious that if you have limited ple who have died, trying to save our country OF INDIANA manpower and payroll and you assign a so we could be free. My dad fought in the IN THE HOUSE OF REPRESENTATIVES dozen fulltime prosecutors, two dozen inves- Vietnam War while he was in a wheelchair, tigators, your publicity experts and political even though he didn’t get hurt, I still salute Wednesday, June 14, 1995 sex scandal—as earth-shaking as it might him being that brave, and having the cour- Mr. JACOBS. Mr. Speaker, the following be—they can’t find time to be gathering age to fight for our country. I will always re- member Memorial Day and look back to the Mike Royko column appeared in the Indianap- clues in Chicago’s many cases of murder and mayhem. wars and giving everyone who is dead or olis News on June 8, 1995. Not that I believe for one minute that alive, the salute for freedom. Apparently we should still seek the distinc- murder and mayhem and heavy dope dealing MEMORIAL DAY; A DAY TO REMEMBER THOSE tion between headlines and substance. are as terrible a threat to the delicate fabric WHO PAID THE ULTIMATE PRICE TO KEEP [From the Indianapolis News, June 8, 1995] of our society as Reynolds allegedly having a AMERICA FREE FEARLESS JACK’S WAR ON ‘‘NON-CRIMES’’ tryst with a consenting tart who now says (By Travis McGrath) (By Mike Royko) she doesn’t give a hoot. To us kids, Memorial Day weekend has But as humdrum as murder, mayhem and If any criminal mastermind in Chicago has come to mean several things. Sure its a other crimes can be, they still have to be three day weekend. One more day added to been planning a big-time caper, this might dealt with. Even if the killers, maulers and be an excellent time to get it going. the weekend that gives us the extra freedom dope profiteers beat the raps, as many of to go on a picnic, to visit a special friend or I’ve never given advice to a criminal be- them seem to do, O’Malley still has to go fore, but why shouldn’t a newspaper try to be relative, to go to the beach, the river, or the through the motions. We can’t have judges mountains. Freedom to relax, freedom to of service to all of its readers? sitting around in empty courtrooms telling There is good reason to believe that the play. each other doctor jokes. Many Americans take to the road on Me- time is right. It can be found in a list of And who knows, some of the accused kill- morial Day. They sometimes drive hundreds cops, prosecutors and investigators who are ers, maulers, dope profiteers and other less- of miles to visit a theme park, a national said to be working on the case of U.S. Rep. er-known felons might have even more seri- monument, another country or special place. Mel Reynolds, D-Ill. ous skeletons rattling around in their clos- Memorial Day has also come to signify the This list was provided to defense lawyers, ets. time of a special once a year event, like the as the law requires, by the office of Cook It’s very possible that when you inves- Indianapolis 500. County State’s Attorney Jack ‘‘Fearless tigate a gangbanger for blowing away a For whatever reason Memorial Day may be Jack’’ O’Malley. rival, you also might discover that the nasty significant to us all, let us not forget the It is an impressive list. It appears to be al- fellow has been doing you-know-what with a real reason that this day is celebrated. Me- most as long as a college football roster. 16-year-old gun moll. morial Day is the day we honor and remem- On it are 10 Chicago police detectives and Ah, then you are really on to something. ber the men and women of the armed forces their supervisors. So the Reynolds case might only be the be- who have given their lives in the defense of There are 24 detectives from the state’s at- ginning of something really big. liberty and freedom, home and abroad. From torney’s investigative office. Today Reynolds. the battlefields of Bull Run to the sands of And 10 assistant state’s attorneys are list- Tomorrow jaywalkers. Iraq and Kuwait, brave Americans have ed as helping the two lead prosecutors as- Go get them, Fearless Jack. fought for this Monday in May and all the signed to the case. days of the week to keep us safe and America We shouldn’t forget the O’Malley publicity f free. So today, let us not forget that the specialists, who show up in court for every freedoms we enjoy on this holiday and all Reynolds hearing and whisper advice to TV MEMORIAL DAY year long have been paid for by Americans reporters on how to best extract a thrilling who have made the ultimate sacrifice. sound bite from that day’s proceedings. HON. DUNCAN HUNTER f All of this manpower is devoted to proving OF CALIFORNIA beyond a reasonable doubt that U.S. Rep. IN THE HOUSE OF REPRESENTATIVES HAPPY ANNIVERSARY, Reynolds did indeed have a go at a woman, now 19, who says that she willingly hopped in Wednesday, June 14, 1995 SEBEWAING VFW POST 4115 the sack with him when she was 16. Mr. HUNTER. Mr. Speaker, I rise today to The woman since has recanted her charge, HON. JAMES A. BARCIA call the attention of the House to speeches but that hasn’t discouraged Fearless Jack OF MICHIGAN written by some young students at Alpine Ele- O’Malley. He’s determined to prove that IN THE HOUSE OF REPRESENTATIVES Reynolds did the dirty deed and persuaded mentary School in my district. Jessica Herold, the woman to change her story. Kimberly Shoemaker, Tasha Voeltzel, and Wednesday, June 14, 1995 And that’s why this army of investigators Travis McGrath have written what Memorial Mr. BARCIA. Mr. Speaker, there are debts and prosecutors is scrambling for any infor- Day means to them and their words are some- that our country owes, and chief among them mation that could be used to nail Reynolds— thing we can all be proud of. I ask that their is the debt owed to our veterans. If it were not or at least generate TV footage that makes ECORD for the sacrifice made by many in the name of him appear to be the most dangerous fiend speeches be submitted into the R . since Vlad the Impaler, which he very well (By Jessica Herold and Kimberly freedom and democracy, we would not be might be. Shoemaker) able to stand here and enjoy the wonders pro- Only last week, O’Malley’s office trotted Good morning Congressman Hunter, Mr. vided by our great Nation. I want to call spe- out Reynolds’ disgruntled former secretary, Miller, Teachers, Guests, and students. cial attention to the fact that Saturday, June June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1261 10, the Sebewaing Veterans of Foreign Wars ment to protect this Nation's most valuable ducing the Safety and Health Improvement Post 4115 celebrated its 50th anniversary as symbolÐthe American flag. and Regulatory Reform Act of 1995. The legis- a chartered Post. As a legal immigrant, I came to the United lation will comprehensively change the Federal There is a proud tradition of military service States in the hope of finding freedom, equal Occupational Safety and Health Act. Few Fed- among the residents of Sebewaing and Huron opportunity, religious tolerance and good willÐ eral programs are in need of change as much County. They have always responded to Uncle all of which are symbolized by the American as this one. Sam's call, demonstrating time and time again flag. It represents our place in the world, wher- Ensuring and promoting the basic safety how great the people of this community are. ever Americans are around the globe. There is and health protections for workers in this This Post which currently has 97 members no other American icon more revered as the country is a moral as well as an economic im- who meet the requirement of military service flag and it should be protected as such. perative. Safe and healthful working conditions on foreign soil or in hostile waters in a cam- For more than 200 years, the American flag for our Nation's workers is not and should not paign for which the United States Government has been used to express all that is good and be a partisan matter, nor is it exclusively the has authorized a medal. They proudly con- just about our Nation. Many have sacrificed interest or responsibility of any one group or tinue to serve their community with several an- their lives protecting Old Glory. It was unfortu- special interest. Society, through government, nual activities, including teen dances, partici- nate, therefore, that the Supreme Court ruled employers, and employees themselves, have pation in the annual sugar festival, participa- to reduce this great symbol to nothing more responsibilities in helping to make sure that tion in a scholarship program, the poppy sale than a piece of cloth with could be desecrated life and limb are not the price for being em- in support of the Veterans' Hospital, and its at any time. We must do something to save ployed. ceremonial drill team. our Nation's symbol of hope, which shines as Mr. Speaker, I am an employer and a busi- As many of our colleagues know, the Veter- a beacon to those around the world that this nessman myself. I know that for most employ- ans of Foreign Wars works to promote the is the land of opportunity and freedom. Over ers, the phrase ``our employees are our most welfare of veterans, patriotic activities, and to two-thirds of our States have risen in support valuable resource'' is not mere rhetoric, but positively influence veterans' legislation. The of our flag and this Congress must do the the way in which we view our businesses. For strength of any organization depends upon the same. too long, the Federal Government, particularly commitment of its members, and it has been In that regard, I call on all of my col- in programs like OSHA, has viewed employers by experience that VFW members, including leaguesÐDemocrat or RepublicanÐto join to- as adversaries, to be policed and watched those of Post 4115, are among the most com- gether in support of our Nation's symbol of over with all kinds of rules and penalties if mitted and concerned people I have ever met. truth. I look forward to passing House Joint those rules should be broken in any detail. I They know duty and obligation. They know Resolution 79 on June 28 to immediately know that there are people in business who loyalty. They fought for it. They demonstrated place our Nation's symbol of truth out of reach try to take shortcuts, and there are some who it. They deserve it. That is why I have said be- from unnecessary desecration. are just plain crooks. There needs to be en- fore and I will say again that veterans' pro- f forcement. But heavy enforcement should be grams are the wrong place to cut when we as- the last resort, not the first resort. sess our Nation's spending priorities. One of TRIBUTE TO WLEN RADIO ON ITS To be committed to worker safety and the greatest threats to our way of life would be 30TH ANNIVERSARY health does not mean to be committed to the the creation of the impression that our Nation way in which OSHA has been operating. is not serious about taking care of the veter- HON. NICK SMITH President Clinton recently stated it quite well: ans who have taken care of our Nation. OF MICHIGAN * * * frankly sometimes the rules have Among the real sadnesses experienced by IN THE HOUSE OF REPRESENTATIVES simply become too complex, too specific for Post 4115 has been the loss of some of its even the most diligent employer to follow, members who have passed on to their eternal Wednesday, June 14, 1995 and that if the government awards inspec- rewards. The memories that have been Mr. SMITH of Michigan. Mr. Speaker, this tions for writing citations and levying fines shared, the dependency on one another that month, WLEN Radio in Adrian, MI celebrated more than ensuring safety, there’s a chance has been exhibited in the height of battle will their 30th anniversary. you could get more citations, more fines, more hassle, and no more safety. live on forever. I am sure that everyone of I would like to pay tribute to the people of these veterans appreciated the valor of the WLEN and their fine service to Lenawee That is the problem we are trying to address current members of our Armed Forces who County. with this legislation: Too often OSHA has had joined together in the best of traditions to ef- Lead by President Julie Koehn, WLEN, too little to do with promoting basic safety and fect the rescue of Capt. Scott O'Grady who called the voice of Lenawee County, boasts health for workers, and too much to do with had been shot down in Bosnia, and likened it the talents of Bob Butler who, with 32 continu- promoting Government rules. to the demonstrations of courage they person- ous years on the air, is the county's veteran In my view nothing illustrates how OSHA ally witnessed in their own participation in broadcaster. Additionally, WLEN's stable of has gone off on the wrong track more clearly World War II, Korea, Vietnam, and the other stars includes: Angel Millet and Doug Spade. than the fact that today few if any employers conflicts to which our forces have been called. WLEN's award-winning news department is would ever call OSHA and ask for assistance The loss of a friend is one of life's hardest de- headed by Mike Clement. or advice on workplace safety or health. That mands, and the call to service is one of its Mr. Speaker, for the past 30 years, the peo- is not because employers don't want assist- most precious demands. Our veterans have ple of Lenawee County have been well served ance, or are not aware of the importance and the proud heritage of responding to both with by the able people and programming at cost savings from avoiding workplace acci- honor and conviction. WLEN. dents and injuries. It is because OSHA's mis- As we remember our many veterans in this As a Lenawee County farmer, I look forward sion has become misdirected into a simply 50th anniversary of the end of World War II, to another 30 years of excellent community finding violations of regulations and issuing I invite all of our colleagues to join me in this service by WLEN. penalties. special thanks and tribute to the members of Good communications are critical to main- We believe that a more fair and more effec- Sebewaing Veterans of Foreign Wars Post tain a vibrant democratic society. Congratula- tive workplace safety and health program 4115. We owe you much. tions, WLEN, on your 30th anniversary. would rely primarily on nonenforcement ef- f f forts, with enforcement reserved for those situ- ations and employers where the cir- FLAG DAY SAFETY AND HEALTH IMPROVE- cumstances show that enforcement is nec- MENT AND REGULATORY RE- essary and justified. Our bill reserves, after a HON. JAY KIM FORM ACT 3-year phase-in period, one-half of OSHA's OF CALIFORNIA funds for nonenforcement efforts. Those funds IN THE HOUSE OF REPRESENTATIVES HON. CASS BALLENGER would be used: To expand the State consultation grants Wednesday, June 14, 1995 OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES program which provides on-site assistance to Mr. KIM. Mr. Speaker, I rise today in cele- small businesses in high hazard industries. In bration of Flag Day and to express my strong Wednesday, June 14, 1995 many States, the shortage of resources has support for the immediate passage of House Mr. BALLENGER. Mr. Speaker, today I, meant waiting periods of up to 2 years for em- Joint Resolution 79, a constitutional amend- along with over 60 of my colleagues, am intro- ployers who seek these services. E 1262 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 To expand OSHA's Voluntary Protection ment's interest in safety and health is satis- there is a direct threat or injury or intent to Program [VPP], which recognizes and grants fied. mislead or deceive employees or OSHA. exemption from enforcement inspections for In addition to refocusing OSHA on what Section 4. Consultation, Incentives for Vol- untary Action, and Technical Assistance. employers with exemplary safety records and should be its missionÐsafety and health, this Creates a new program allowing certified programs. bill implements two pieces of legislation al- individuals to conduct safety and health re- To support additional training, education, ready passed by the House. First, with regard views for employers. Exempts employers who and outreach programs, designed to promote to how regulations will be issued, the bill in- utilize such individuals from random OSHA safe work practices with employers and em- cludes the reforms overwhelmingly passed by inspections. ployees. the House earlier this year and incorporated Expands the Small Business Consultation To establish and oversee a new certification program. into H.R. 9. Codifies the Voluntary Protection Pro- program for private individuals to conduct Second, consistent with the House-passed gram (VPP) which recognizes and provides workplace safety and health reviews. Once budget resolution, the bill includes the merger an exemption for employers with exemplary underway this program would allow employers of the Mine Safety and Health Administration programs and safety records. the opportunity to be free of OSHA inspections with the Occupational Safety and Health Ad- Transfer NIOSH training functions to as long as the employer had no reportable ac- ministration and the elimination of the National OSHA. cidentsÐfatalities or multiple injuriesÐand no Targets at least 50 percent of OSHA funds Institute on Occupational Safety and Health (after a three year phase-in) for non-enforce- employee complaints. [NIOSH] as a separate agency within the De- ment activities (small business consultation, The use of private individuals to conduct partment of Health and Human Services. Al- training, education, and compliance assist- workplace safety and health reviews in lieu of though we are merging MSHA and OSHA, I ance programs). OSHA inspections was part of Vice President do want to emphasize to my colleagues that Section 5. Removal of Barriers to Vol- GORE's proposed reinvention of the Federal the bill specifically directs the newly merged untary Safety and Health Activities. Government. It died in the hands of an agency agency to continue to enforce mining regula- Provides that an employee participation that is unwilling to give up the notion that but program which deals in whole or in part with tions in mines, and to maintain its corps of safety and health is not a violation of sec- for OSHA employees have no protection specialized mine inspectors. In fact, the bill re- tion 8(a)(2) of the National Labor Relations against their employers. That notion is not quires that the kind of specialized and expert Act. only false, it is silly. The fact is, as many of inspectors that have been the strength of the Provides a legal ‘‘privilege’’ for safety and my Democratic colleagues frequently point mine safety program also be the model for health audits which are done voluntarily by out, OSHA inspects only a small number of how OSHA's inspectorate should be improved. an employer. worksites and employers every yearÐaround Section 6. Inspections. Mr. Speaker, following is a section-by-sec- Requires that an employee bring a com- 40,000 in recent years. Many employers avoid tion description of our legislation. I would wel- plaint over an alleged violation of a safety or inspection for yearsÐin fact, it is this inequity come my colleague's support and cosponsor- health standards to attention of the em- of inspections, in which some employers are ship and I look forward to working with my col- ployer before filing with OSHA. If the em- inspected nearly every year and their competi- leagues in helping to pass this much needed ployer fails to correct the violation, the em- tors may never be inspected, that along with legislation. ployee may then file a complaint with OSHA. Requires that a copy of the complaint the arbitrariness of citations and fines, often SECTION-BY-SECTION DESCRIPTION OF THE be provided to the employer no later than fuels the rage of employers against OSHA. SAFETY AND HEALTH IMPROVEMENT AND the time of the inspection. REGULATORY REFORM ACT OF 1995—JUNE 14, Vice President GORE's National Performance Creates a legal requirement that OSHA in- 1994 Review rightly recognized that ``an army of spections be conducted by at least one indi- OSHA inspectors'' was neither necessary nor, Section 1. Short Title, Table of Contents, vidual who has technical expertise by train- in light of the Federal budget situation, likely. Reference. ing or experience in the industry under in- The use of private individuals to conduct work- Section 2. Standards. spection. place reviews provides a means of extending Requires that standards issued by OSHA be Requires OSHA to enter agreements with based on risk assessment, regulatory impact expertise and attention to workplace safety other enforcement agencies to check for fire and cost-benefit analysis, similar to propos- hazards and report them to OSHA if nec- and health, while allowing us to reduce the als already adopted by the House. Requires essary. role of the Federal Government. that the risk assessment and cost-benefit Exempts small businesses (fifty or fewer Our bill makes one other important change analysis be industry-specific. employees) that have below average injury in regards to putting the emphasis of the pro- Requires that benefits be ‘‘justified by and rates from random safety inspections. gram back on safety and health, rather than be reasonably related’’ to be costs of the Codifies appropriation exemption for small on collecting penalties. OSHA's interpretation standard. farms (employing 10 or fewer workers and of the current statute is and has long been Requires that standards be ‘‘feasible’’ and not maintaining a labor camp) from random ‘‘practical.’’ safety inspections. that an inspector who observes a violation of Prohibits OSHA from citing an employer Section 7. Employer Defense. any regulation, unless the violation itself can under a standard if a request from the em- Provides a defense against citation for be classified as de minimis, must issue a cita- ployer for a variance on the standard in- ‘‘employee misconduct.’’ tion for that violation. It does not matter wheth- volved has been pending for more than 90 Creates a defense for employers who have er the violation is not threatening to any em- days. utilized alternative methods which are ployees. Nor does it matter whether the em- Requires that each standard in effect at equally or more protective of an employee’s safety and health in the workplace. ployer knew of the regulationÐhe or she is the time of enactment be reviewed within 7 years for compliance with the new risk as- Provides a defense against any regulatory presumed to know all of what is printed in the sessment and cost-benefit criteria. Creates a action of an employer is in compliance with Federal Register and in unending compliance petition process whereby affected parties can another federal requirement which overlaps directives from Washington. obtain review of existing standards for com- or is in conflict. OSHA has announced that it will soon begin pliance with the new criteria. Requires the Section 8. Penalties. Repeals separate penalties for ‘‘willful’’ a program to reduce penalties for alleged vio- Secretary to accept or reject the petition re- and ‘‘repeat’’ violations. garding a standard within 120 days. lations that are corrected immediately, while Lists seven criteria to be used in assessing Requires independent peer review of the the inspection is still underway. While this may penalties. seem like only common sense, it at least economic and scientific data which forms Creates a special assessment which allows takes OSHA a step in the right direction. But the basis for the standard, including the rel- higher penalties in cases where violations evance of the data to industries and workers cause a death or an excessive number of seri- it certainly does not go far enough. Under our affected by the standard. Requires the panel bill, the general rule would be that OSHA will ous injuries. to be broadly representative and balanced. Provides that no penalties may be issued work with employers to identify and correct Section 3. Notice of Violation. unless a standard or regulation exists. hazards, and that only if the employer fails to Requires that OSHA issue a warning to Clarifies that state or local law enforce- do so, or if a violation has caused a serious employers and specifies a reasonable time ment agencies may conduct criminal pros- injury or death, a fine would be issued. frame to fix the alleged violation. If the vio- ecutions for conduct falling under state OSHA's mission should be abatement of safe- lation is not corrected within 30 days (or criminal laws. ty and health hazards and safer workplaces, shorter if it constitutes a direct threat to Section 9. Review by the Commission. employees) a citation may be issued. Excep- Extends the time an employer may contest not collecting revenues for the Federal Gov- tions to this policy would be allowed if a fa- a citation from 15 to 30 days. ernment. When the employer corrects the tality or serious injury occurred. Gives deference to interpretations of problem, and no one has been injured or killed Eliminates penalties for posting, record- standards by the Commission (overturns the as a result of a violation, the Federal Govern- keeping, reporting, or notification unless CF&I case). June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1263 Increases the number of members of the NIOSH research activities will be transferred event represented their third-place ranking out Commission from 3 to 5 and specifies that to another governmental agency. of 750 projects submitted to the Student En- one member of the Commission should have Section 21. Effective Date. ergy Research Competition that year. experience in mining. This Act become effective 120 days after Allows parties to waive formal proceedings the date of enactment. They were back in the Tour de Sol in 1992 to win the national championship; in 1993 they before the Commission. f Section 10. NIOSH Repealed. placed third and in 1994 they placed second Repeals the National Institute of Occupa- A SALUTE TO ENERGY RESEARCH before regaining the national title this year. tional Safety and Health. IN AMERICAN SCHOOLS As outlined by Mr. Billings, there were five Section 11. State Workmen’s Compensation goals, among them to ``help reduce the mil- Commission Repealed. lions of barrels of oil we use daily''; to height- Repeals this Commission which has com- HON. JAMES T. WALSH pleted its function. OF NEW YORK en public awareness of electric vehicles; to Section 12. State Programs. IN THE HOUSE OF REPRESENTATIVES show that if high school kids can build a solar- powered car, business can; to develop student Encourages state OSHA programs to follow Thursday, June 15, 1995 federal standards when applicable to prod- skills in critical thinking, problem solving, re- ucts or labeling. Mr. WALSH. Mr. Speaker, today I rise to search, and engineering; and, listed No. 1 on Provides additional flexibility to state commend a schoolteacher in my home district the important goal list, ``I wanted to excite my OSHA programs by allowing states to adopt who has done a quite remarkable thing. He students about energy.'' alternative methods of enforcement that are has led a team of high school students who at least as effective as the Federal program. I join the Cayuga County Legislature in sa- Section 13. Discrimination. built a solar-powered vehicle to become na- luting Mr. Earl Billings today. I encourage him Extends time for filing complaints to 60 tional winners of the 1995 American Tour de to continue with this project and I congratulate days. Requires that DOL notify the person Sol for the best student car in the open class him on excelling in his chosen profession. named in the complaint and investigate presented by the U.S. Department of Energy. I might add that I will look for Earl Billings within 60 days. Provides that if DOL does not The teacher is Earl Billings, technology in- and the students who work on the 1996 Tour decide to prosecute the case within 60 days, structor at Cato-Meridian High School, a 340- de Sol next May. The planned route starts in the complainant may take the case directly student school in Cato, NY. The accomplish- New York City and ends right here in the Na- to the Review Commission for a hearing and ments don't start with the 1995 Tour de Sol a decision. Provides for an appeal of the tion's capital, Washington, DC. Commission decision to the Court of Ap- title. I will list a few others in a moment. But Best of luck to all the students involved with peals. Encourages the use of mediation in all I don't want the most important point to be lost this fascinating and productive project. here. That point is, research into the future is disputes. f Section 14. Coverage of Federal Agencies. being done in our schools. It is being done all Covers all federal agencies under the fed- over America, in rural communities such as HONORING ANJILA J. LEBSOCK eral OSHA requirements. Cato as well as in larger cities where univer- Section 15. Federal Agency Safety Pro- sities and foundations often support student grams. teams in research the use of solar power in HON. ED PASTOR Repeals Section 19 of current law which re- OF ARIZONA quires federal agencies to maintain their the future and other important projects. own safety and health programs (repealed be- And, once again, a teacher is at the helm, IN THE HOUSE OF REPRESENTATIVES cause of changes described in Section 14). is the inspiration, is the guiding forceÐnot Thursday, June 15, 1995 Section 16. Prevention of Alcohol and Sub- only by giving instruction but by leading, by stance Abuse. communicating, by relating. By planting seeds Mr. PASTOR. Mr. Speaker, I would like to Provides ‘‘safe harbor’’ for employers con- of self-worth and pride and by literally building take this opportunity to congratulate Ms. Anjila ducting drug and alcohol testing which fol- something tangible from something abstractÐ J. Lebsock who recently was 1 of 10 students lows HHS (drug) and DOT (alcohol) guide- an idea. to receive the All-American Vocational Student lines. Authorizes OSHA to conduct drug and Today is Earl Billings Day in Cayuga Coun- Awards. alcohol testing when investigating work- A Cibola High School senior in Yuma, AZ, place deaths and serious injuries. ty, as proposed by County Legislator Ralph Section 17. Mine Safety and Health. Stanbrook, a true civic leader with whom I Anjila's special talents and determination were Merges the Mine Safety and Health Admin- have worked on several community projects. recognized early on by her teachers. After ex- istration (MSHA) with OSHA. In recognizing Mr. Billings, we both hope to pressing an interest in the field of electronics, Transfers all MSHA standards to OSHA. once again draw attention to what is good in she was immersed in a special curriculum to Requires all underground mines to be in- American schoolsÐand to give credit where it meet her needs. During the day, she com- spected at least once per year. is due. pleted advanced placement courses while Requires all mining inspectors to have 5 maintaining her rank as 1 of the top 10 stu- years of practical mining experience. And in this instance it is most definitely due. Authorizes closure orders in cases of immi- Mr. Billings teaches a course entitled En- dents in her class. After school hours, Anjila nent danger and requires that such order be ergy, a subject which has been identified by pursued vocational studies at Arizona Western reviewable in court within one day. the New York State Education Department as College, studying servo robotics, program- Authorizes fines against miners who vio- a highly important area of learning for high mable controllers and computer-integrated late the mandatory safety standard related school students. Forms of energy are dis- manufacturing. These led her to special train- to smoking in the mine. cussed, and their relation to our environment ing programs with Weyerhauser Paper Co., Section 18. Recordkeeping and Reporting. is presented. To get the C±M students more the United States Bureau of Reclamation and Modifies recordkeeping requirements to in- Allied Signal. Her robotics projects earned her sure that recordable injuries and illnesses interested, Mr. Billings proposed the class take are work-related, involve medical treatment, on the ambitious goal of designing, construct- numerous awards at the local, State and Na- and include one or more days of lost work or ing, and testing a full-size, solar-powered elec- tional Levels. restricted work. tric vehicle. In addition to displaying leadership in the Specifies that any records of injuries and That was in 1990, and what began as a classroom and the robotics lab, Anjila has also illnesses submitted to the Secretary may not teaching tool quickly came to be an unusual excelled as a community leader. She has rep- be disclosed in any manner that identifies in- nonclassroom success story for the students resented the State of Arizona as a national dividual employers or workplaces. VICA delegate, and held offices as regional Section 19. Definitions. and their vehicle, Sunpacer. Defines ‘‘serious injury’’ and ‘‘industry.’’ Sponsored by the North East Sustainable vice president and as parliamentarian. She Section 20. Miscellaneous Technical Energy Association from May 22 to May 26, has also devoted many years as a Girl Scout Amendments. the 1995 American Tour de Sol ran from Wa- leader and as a volunteer in the Yuma Cross- Requires the Secretary to provide rec- terbury, CT, to Portland, ME, a total of 330 ing Park. Anjila's goal is to pursue a career as ommendations for legislation to avoid un- miles through five States. Sunpacer finished a manufacturing engineer. necessary duplication and coordination be- first in its division. Anjila's accomplishments point not only to tween this Act and other federal laws. Winning was not new for the team. Students the value of vocational education, but to the Requires OSHA to establish a program for from Cato-Meridian have been racing courage and spirit of our Nation's youth. She certification of equipment and specifies that it be conducted by nongovernmental entities Sunpacer since 1991. That is when they first serves as an inspiration to us all. Again, I unless such facilities are not available. qualified for the Tour de Sol but had to pull send my sincerest congratulations to Anjila for Although not specifically referenced in out to honor an earlier commitment to show this deserved recognition and wish her even this legislative language, it is assumed that the vehicle at a New York State event. That greater success in the future. E 1264 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 IN HONOR OF THE PARTICIPANTS tors of renaissance and oriental art, as well as THE DISTRICT OF COLUMBIA CON- OF THE 46TH INTERNATIONAL accomplished musicians, the Rosen home VENTION CENTER PRECON- SCIENCE AND ENGINEERING was host to many of New York's most promi- STRUCTION ACT OF 1995 FAIR nent performers and cultural patrons. Upon the completion of their weekend home in HON. ELEANOR HOLMES NORTON HON. ROBERT MENENDEZ Katonah, the Rosen's moved both their vast OF DISTRICT OF COLUMBIA OF NEW JERSEY collection of art work and their tradition of pre- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES senting intimate concerts, to their new home. Thursday, June 15, 1995 Thursday, June 15, 1995 Upon the death of their son in World War II, Ms. NORTON. Mr. Speaker, today I am in- the Rosen's bequeathed Caramoor ``as a Cen- Mr. MENENDEZ. Mr. Speaker, I rise today troducing a bill which authorizes the District to ter for Music and the Arts for the Town of to pay tribute to a group of New Jersey stu- do the preliminary work for the convention Bedford and the State of New York'' thereby dents for their participation in the 46th Inter- center, which, during this period of fiscal crisis, national Science and Engineering Fair [ISEF] giving us the gift of a haven, comprised of will be a major revenue raising source for the which was held in Hamilton, Ontario, Canada aesthetic pleasures that serve to uplift the District of Columbia. The bill will allow the Dis- from May 7±13, 1995. human spirit. trict to use funds raised through hotel and res- Among the award winners were two young The first formal musical offerings at taurant taxes designated to support this project. Much to its credit, the hotel and res- women from Jersey City public schools: Aca- Caramoor, began 50 years ago as a series of taurant sector came forward on its own to sug- demic High School sophomore Rituparna Das, concerts and recitals that were presented in gest this new tax on themselves to finance the and Dickinson High School senior Shital Shah. both the grand music room and the Spanish center. No existing District operating funds are Rituparna won the Second Place Grand courtyard of the main house. In 1958, the con- Award and the First Place Award of the Amer- committed under this bill. struction of an outdoor Venetian theater, al- Mayor Barry and the city council have as- ican Ground Water Society for her project on lowed for the expansion of these programs as the removal of heavy metals by absorptive fil- signed a very high priority to the new conven- well as audiences providing a venue for the tion center because of its revenue-generating tration. Shital won the Third Place Grand presentation of orchestral and opera perform- Award for her environmental project dealing potential at a time when the city is in acute fi- ances on a larger scale. with the biodegradation of trinitroglycerin. She nancial distress. They are anxious to have this previously won first prize in a competition Building upon this tradition, Caramoor has bill introduced and moved quickly. These funds will enable the District to do sponsored by the New Jersey Academy of become a mainstay on the international music vital preconstruction work, including environ- Science for the same award. scene. Now home to an 8 week music festival mental studies and architecture and design I am proud to have such high achieving stu- that, under the leadership of Howard Herring studies. The District will be able to move for- dents in Hudson County. Their work is exem- and the artistic direction of Andre Previn, has ward and build the new convention center, re- plary and deserves to be recognized. Their attracted such starts as: James Gallway, Bar- turning the District to competitiveness in the achievements are particularly important be- bara Cook, Sylvia McNair, and Yo-Yo Ma as convention and tourism market. Without a new cause we as a Nation must be ready to com- well as many of the most promising musicians center, the District will be unable to attract the pete scientifically in the 21st century. of the next generation through its rising stars increasing numbers of large conventions seek- Rituparna and Shital have demonstrated their program. Caramoor rightly deserve the New ing to meet in the metropolitan region and the commitment to future scientific excellence by York Times assessment deeming it ``the substantial disposable income these conven- participating in the fair. Their accomplishments loveliest musical festival of them all.'' From the tions bring to the city. make me feel confident that we as a Nation intimacy of the Baroque period, to the rousing I am particularly pleased that Representa- will be scientifically competitive for years to notes of Count Bassie, the concerts of tive TOM DAVIS, chairman of the Subcommittee come. Caramoor account for a wide variety of musi- on the District of Columbia, has agreed to be These New Jersey students were part of an an original cosponsor of a bill that invests in international competition that included stu- cal tastes and have educated and inspired the District's economy. dents from throughout the United States and generations. its territories as well as 30 other countries. Situated on 100 acres of woodlands, lawns f The 1,500-plus fair participants exhibited a and exquisite formal gardens, the Caramoor TRIBUTE TO ROBERT J. total of 1,019 projects. The fair represents the experience is unique in that it removes many PATTERSON culmination of a yearlong process involving of the facades that often accompany such of- more than 1 million students participating at ferings, and allows audiences to convene with HON. WAYNE T. GILCHREST various local, regional, State, and national nature while enjoying music in its purest form. OF MARYLAND science fairs. Since each fair can send only With recent additions such as the Touch Tour IN THE HOUSE OF REPRESENTATIVES two delegates, Rituparna and Shital represent of the Museum House and the Marjorie Carr Thursday, June 15, 1995 the best of the best of young scientists in Hud- Adams Sense Circle, a garden comprised of son County. Mr. GILCHREST. Mr. Speaker, I rise today different aromatics, sounds and textured to salute Mr. Robert J. Patterson, the man I would also like to thank the Jersey Journal grasses designed especially to maximize the for enthusiastically sponsoring the Hudson who was the driving force behind the New enjoyment of the visually impaired, mentally County Science Fair [HCSF]. The fair is an im- POW/MIA postage stamp. Mr. Patterson, a and physically challenged as well as children, portant showcase for the area's young sci- two-tour VietNam veteran, currently employed entists and the Journal's commitment to it Caramoor remains committed to ensuring the but the Department of Veteran Affairs Medical demonstrates their ties to the community. accessibility of its spirit to all. Center in Perry Point, MD, devote 5 years of f Whether strolling through the gardens, pic- his life toward honoring POW/MIA's with their nicking in the orchard or listening to har- own postage stamp. Mr. Patterson spent CARAMOOR TESTIMONIAL monies under the stars, Caramoor allows peo- countless hours meeting with House and Sen- ple to lose themselves in the moment, and to ate staff members, VietNam Veterans of HON. SUE W. KELLY regain a sense of serenity and peace in their America, Veterans of Foreign Wars, the Amer- OF NEW YORK lives. ican Legion, disabled American Veterans, IN THE HOUSE OF REPRESENTATIVES American Ex-Prisoners of War, as well as It has often been said that music is food for every veterans association medical center in Thursday, June 15, 1995 the soul; may Caramoor continue to provide the country. With these veterans groups, Mr. Mrs. KELLY. Mr. Speaker, it is with great us with nourishment for another 50 years. Patterson gather nearly 2 million signatures on pride that I rise today to pay tribute to one of Mr. Speaker, it is an honor to salute all of his POW/MIA postage stamp petition form. the greatest treasures of my district as it cele- those who have built and maintain this na- Mr. Patterson's efforts proved successful brates its 50th anniversary; Caramoor Center tional treasure. when the U.S. Postal Service issued the new for Music and the Arts. POW/MIA postage stamp on May 29, 1995. Located in Katonah, NY, the vision of with the American flag as its backdrop, the Caramoor began in the New York City town- stamp pictures a pair of military ID tags em- house of Walter and Lucie Rosen. Avid collec- bossed with the words ``POW & MIAÐNEVER June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1265 FORGOTTEN.'' The stamp serves as a fine Far from crushing the fledgling human rights Since the summer of 1989, General Sullivan tribute to the brave Americans who fought for movement in the Soviet Union, this event fo- has served in positions of increasing respon- this country and were either imprisoned by cused attention on the plight of Soviet Jewry sibility with the Army at the Pentagon: first, as enemy forces or have been classified as miss- and all those who wanted secure basic human the Deputy Chief of Staff for Operation and ing in action. All of these soldiers will forever rights for people behind the Iron Curtain. In re- Plans; then, as the Vice Chief of Staff; and be heroes and will forever be remembered. sponse to the Leningrad Trials, organizations since June of 1991, as the Chief of Staff. His Mr. Patterson's achievement is no small were formed in the United States to monitor arrival at the Pentagon coincided with a his- feat. Only the second commemorative POW/ human rights conditions in the U.S.S.R. and toric shift in the strategic position of the United MIA stamp ever issued, the new stamp em- win the freedom of Jewish refusniks. This States. This was a period of both great turmoil bodies how the vision and hard work of one grassroots movement succeeded in keeping and great successÐsuccesses directly attrib- volunteer can result in a great accomplish- human rights an issue on the international utable to the dedicated efforts of General Sulli- ment. The first commemorative POW/MIA stage and put enormous pressure on the van. During this time, we won the cold war stamp was issued by the Post Office in 1970 Kremlin during periods of cold war, detente, and began the process of decreasing the size in the form of a 6 cent postage stamp. Had it the Reagan defense build-up, perestroika and, of the Army by a third. We were threatened in not been for Mr. Patterson's effort, that may finally, the collapse of the Communist Party of the GulfÐand fought and won a war. We saw have been the last stamp honoring the Na- the Soviet Union. the emergence of new and diverse threats and tion's many POW's and MIA's. Mr. Patterson's That is why we should take time today to re- new techologiesÐand the Army changed both love of and devotion to our great Nation, as member the sacrifice of those who, at great intellectually and physically to meet the new well as to our POWs and MIAs, should serve risk to themselves and their loved ones, made challenges. as a model for all Americans. a stand when things were the very bleakestÐ I commend Robert Patterson for his tireless Anatoly Altman, Hillel Butman, Mark Dymshitz, Throughout this period of historic change, efforts in bringing about the POW/MIA postage Leib Khnokh, Edward Kuznitsov, Joseph General Sullivan provided outstanding leader- stamp. Mr. Patterson's efforts on behalf of the Mendilovich, Boris Penson, Wulf Zulmanson, ship. He oversaw the transformation of the stamp showed for all the world our country's Israel Zalmanson and Sylvia Zalmanson, all Army from a cold war, forward deployed force, commitment to the message of the POW/MIA living in Israel, and Yuri Federov and Aleksei into a power projection force, ready to defend cause, ``You Are Not Forgotten''; not forgotten Murzhenko, now living in the United States. our national interests in any corner of the also will be Mr. Patterson's message to the I hope all in this chamber will join with me world. While meeting the challenges of today, cause. to make certain that the courage dem- General Sullivan prepared the Army for tomor- In closing, I reiterate Mr. Patterson's simple onstrated in the winning struggle for freedom row, as well, with a farsighted and far-reaching message to the many groups he addressed will never be forgotten. vision of the conduct of future war. His deter- and to the volunteers who assisted him: Re- Mr. Speaker, in closing, I would like to again mination to keep the Army trained and ready, member. recognize the many good works and accom- his sense of responsibility to his soldiers and f plishments of my constituent, Lynn Singer, as the Nation, and his understanding of both our well as the many supporters of the LICSJ and history and the future of armed conflict, have 25TH ANNIVERSARY OF THE all those in the United States and around the given our great country an Army that is capa- LENINGRAD TRIALS world who demonstrated their concern about ble of achieving decisive victories into the 21st prisoners of conscience in the U.S.S.R. since century. HON. PETER T. KING June 15, 1970. Thank you. General Sullivan's career has been the epit- OF NEW YORK f IN THE HOUSE OF REPRESENTATIVES ome of selfless service to our Nation, and he is the quintessential example of all we could Thursday, June 15, 1995 TRIBUTE TO GEN. GORDON R. SULLIVAN hope our military leaders to be. Through his Mr. KING. Mr. Speaker, I rise today to par- decades of dedication to duty and the accom- ticipate in the observance of the 25th anniver- HON. FLOYD SPENCE panying sacrifices, he has been supported by sary of the arrests and beginning of the Lenin- OF SOUTH CAROLINA a loving family. General Sullivan's wife, Gay, grad Trials, the seminal event in the effort to IN THE HOUSE OF REPRESENTATIVES their children, John, Mark, and Elizabeth, and rally support for the beleaguered and per- Thursday, June 15, 1995 a grandson Christopher have contributed, in secuted Jewish community in the Soviet countless ways, to the career of this dedicated Union. Mr. SPENCE. Mr. Speaker, today, I wish to soldier. In remembering the Leningrad Trials, I also recognize Gen. Gordon R. Sullivan, Chief of want to recognize one of my constituents, Staff of the U.S. Army, who will retire on June Mr. Speaker, Gen. Gordon R. Sullivan is a Lynn Singer, who has been a tireless advo- 20, 1995. General Sullivan's career spans 36 consummate professional, a defender of the cate on behalf of Soviet Jewry and, more re- years, during which he has distinguished him- Constitution, and a leader of demonstrated cently, a crusader against official and unofficial self as a soldier, a leader, and a visionary ad- moral and physical courage. It is with great re- anti-semitism in the former Soviet Union. visor to both the President and the Congress. spect and appreciation that I offer this tribute Lynn, as the longtime executive director of the Let me briefly recount to you the career of this to his impressive career in the U.S. Army. Long Island Committee for Soviet Jewry distinguished servant of our Nation. f [LICSJ], has developed an international rep- A native of Boston, MA, General Sullivan utation as a result of her persistence, deter- graduated from Norwich University in 1959 PERSONAL EXPLANATION mination and leadership in the cause of and was commissioned as a lieutenant in the human rights and freedom. I am proud to be Armor Branch of the U.S. Army. During his ca- her Representative in the People's House and reer, he has commanded at the platoon HON. KWEISI MFUME to have participated in LICSJ vigils, dem- through the division levels. In Europe, he com- onstrations and marches. I look forward to manded the 4th Battalion, 73d Armored Divi- OF MARYLAND continuing to work with Lynn Singer in the sion and the 1st Brigade, 3d Armored Division, IN THE HOUSE OF REPRESENTATIVES weeks and months ahead. followed by an assignment as the 3d Armored As many Members of this institution will re- Division's Chief of Staff. He served as the 1st Thursday, June 15, 1995 call, 25 years ago, a group of courageous Infantry Division Operations Officer at Fort young men and women from around the So- Riley, KS and as the VII Corps Operations Of- Mr. MFUME. Mr. Speaker, I was, unfortu- viet Union met to develop a plan to fly to free- ficer in Germany. Subsequently, he served as nately, detained in my congressional district in dom and realize the impossible dream of emi- the assistance commandant of the Armor Baltimore earlier today and thus forced to miss grating to the land of their choice. In spite of School at Fort Knox, KY; on the North Atlantic two record votes. Specifically, I was not knowing the KGB had learned of their plans Treaty Organization [NATO] staff as the Dep- present to record my vote on roll call vote and that they faced severe penalties if they uty Chief of Staff for Support of the Central number 380, approving the previous day's were apprehended, a few of these men and Army Group in Germany; and as the deputy journal, and roll call vote number 381, the women bought tickets on a small commuter commandant of the Command and General Markey amendment. plane destined for Norway. Tragically, before Staff College at Fort Leavenworth, KS. He Had I been here I would have voted yea on even boarding the plane, Soviet police ar- next served as the commanding general of the roll call vote number 380 and yea on roll call rested each of them. 1st Infantry Division at Fort Riley, KS. vote number 381. E 1266 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 1995 CALIFORNIA HAS BORNE ITS for this year. Future base closings must take pense in finding replacement workers and SHARE OF BASE CLOSURES—EFA into consideration the effect on the local training them in order to continue EFA WEST SAN BRUNO SHOULD NOT economy, as well as the effect on our na- West’s critical mission, which must be main- BE CLOSED tion’s military readiness. tained to complete base closures elsewhere. I have serious concerns about the substan- Lastly, Mr. Chairman and Members of the tial impact base closures will have on the Commission, the Secretary of the Navy, HON. TOM LANTOS families of thousands of California workers John Dalton, testified before you in March of OF CALIFORNIA who will lose their jobs. I am concerned this year, that the Navy had decided not to about the impact that closing more bases IN THE HOUSE OF REPRESENTATIVES place EFA West on its list of recommenda- will have on California communities. Clear- tions for closure because it was concerned Thursday, June 15, 1995 ly, the citizens of our state should not be about the impact on the local economy. The Mr. LANTOS. Mr. Speaker, the Defense asked to suffer additional hardship and dis- Navy was absolutely correct in considering location from additional base closures. I urge Base Closure and Realignment Commission economic impact when it decided it was nec- you to take into account the devastating ef- essary to keep EFA West open. will soon make its recommendations to the fects that previous base closures have al- More importantly, however, EFA West’s President on which military bases to close. ready had on California’s economy as you San Bruno location strengthens the mili- The Commission has received testimony from consider further base closures for our state. tary’s ability to serve the needs of our re- hundreds of witnesses, has made countless Mr. Chairman and Members of the Com- gion. EFA West’s strategic location in San site visits and will consider thousands of mission, I am particularly concerned about Bruno best serves military operations. It is pages of data on the effect of base closings the possible closure and realignment of the essential for this installation to remain open Navy’s Engineering Field Activity, which is to fulfill the responsibilities of base closure on our Nation's military readiness. In making located in San Bruno, California. Moving its decisions it will be imperative that the Com- and base realignment. When you submit your personnel from San Bruno to San Diego or recommendations for base closure or realign- mission also take into consideration the eco- another location will have a disastrous effect ment to the President, I urge you NOT to nomic impact of its decisions. on the Pentagon’s ability to close bases al- place EFA West on your base closure list. In the case of a military facility in my con- ready slated for closure and will slow the Thank you very much. process of closing new bases. gressional district, the Engineering Field Activ- f ity West in San Bruno, or EFA West, the Navy As you know, the Engineering Field Activ- ity West (EFA West) is responsible for assist- HONORING EAGLE SCOUT DREW recommended not closing this facility because ing in the closing of the following facilities it was concerned about the economic impact that have been previously scheduled to close: MONSON of closure on the community. I believe that the Mare Island, Alameda Naval Air Station, Navy was correct in not slating EFA West for Treasure Island, Hunter’s Point, Skaggs Is- HON. ED PASTOR closure and I also believe that closing EFA land, Moffet Field and Oakland Naval Hos- OF ARIZONA pital. It is my understanding that EFA West will have a disastrous effect on the Pen- IN THE HOUSE OF REPRESENTATIVES tagon's ability to close bases already slated West’s base closure activities require contin- for closure. uous contact with local public officials, the Thursday, June 15, 1995 Mr. Speaker, on Tuesday, June 13, 1995, I public and regulatory agencies in San Fran- Mr. PASTOR. Mr. Speaker, I want to call at- cisco. When you consider the monumental presented testimony before the Defense Base task the Pentagon must undertake in closing tention today to a major milestone and Closure and Realignment Commission on the bases and in working with the affected com- achievement of a most accomplished young issue of closing of additional military bases in munities and contractors, it is absolutely man. California. In my testimony, I reminded the clear that the functions of EFA West—which This coming Sunday, in Tucson, AZ, Drew Commission that no State has borne the bulk includes important environmental cleanup Monson will be awarded the rank of Eagle of military base closures as California has and and property disposition expertise—require a Scout. This is a level of achievement attained local presence. This is a key function that that previous rounds of base closures have by only 21¤2 percent of all Boy Scouts. Drew turned out to be of tremendous adverse eco- cannot be handled effectively or efficiently joins the ranks of approximately 1 million oth- from hundreds of miles away. nomic impact in California. I also explained to Since 1988, the federal government has or- ers who, since 1911, have achieved this goal. the Commission that EFA West's strategic lo- dered 70 bases closed—21 of them or almost As his final project toward becoming an cation best serves military operations and that one-third of the bases are in California. In Eagle Scout, Drew spent more than 150 hours it is essential to the Pentagon that this installa- the effort to close these bases, military offi- planning and directing 17 different volunteers tion and its personnel remain in San Bruno. cials have run into problems with environ- in the construction of a nature trail at the Mr. Speaker, I would like to place my testi- mental cleanup and the disposition of prop- Saguaro National Park in Tucson. erty. Problems were inevitable, but they mony in the RECORD. This is not Drew's only accomplishment. He have contributed to substantial time delays will soon begin his senior year as an honor STATEMENT OF CONGRESSMAN TOM LANTOS, and higher cost in closing these bases. 12TH DISTRICT OF CALIFORNIA When you begin your deliberations on pre- student at Salpointe High School in Tucson, Thank you, Mr. Chairman and Members of senting a list of bases for closure to the AZ. In addition, he has earned six varsity let- the Commission for the opportunity to say a President, I believe that you must take into ters in track and field and cross country run- few words on the critical issue of base clo- account whether it is in the best interest of ning. He is also a skilled musician, specializ- sures in California and particularly on the the military and the taxpayer to close EFA ing in piano. Complementing his other activi- future of the Engineering Field Activity West, when EFA West’s central mission is to ties, he also participates in the activities of his West in San Bruno, California, which is lo- provide the technical support and expertise Church of Jesus Christ of Latter Day Saints. cated in my Congressional district. in environmental cleanup and the disposition Mr. Chairman, I share your deep commit- of property necessary for the closing of other Drew Monson exemplifies the hopes and ment to a strong and effective national de- bases. Clearly, if Northern California is to be dreams that we hold for all of our youth. I am fense. With the end of the Cold War and the affected by even more base closures in this proud to add my voice to so many others in collapse of the Soviet Union, it is appro- current round of downsizing, EFA West’s commending Drew for his attainment of the priate and necessary that we reconsider and strategic Northern California location and Eagle Scout rank. I wish Drew the best of luck evaluate our defense posture. At the same its expertise will be even more essential to in all to which he aspires. time, we must take into consideration local the military and affected communities in en- f impacts of these base closure decisions. suring that base closures will be achieved in There will be pain from the realignment of the most cost effective and efficient manner. IN HONOR OF FATHER DANIEL A. our military facilities, but that pain should Mr. Chairman and Members of the Com- be proportionately shared and spread among mission. EFA West has a dedicated and com- DEGNAN UPON HIS RETIREMENT all regions of our nation and among all of mitted staff of experienced personnel and AS PRESIDENT OF ST. PETER’S our states. unique and thorough knowledge in their re- COLLEGE Mr. Chairman, I have very serious concerns spective fields. Closing that facility could about the effect of base closures upon Cali- well deny to the federal government the crit- HON. ROBERT MENENDEZ fornia’s economy—particularly since our ical expertise which these dedicated and state has sustained a disproportionate num- hardworking employees bring. If EFA West OF NEW JERSEY ber of job losses stemming from military is closed, most of these employees will not be IN THE HOUSE OF REPRESENTATIVES base closures. As a result of base closures in willing to relocate out of the Bay Area—they Thursday, June 15, 1995 1988, 1991, and 1993, California has suffered have strong ties to their communities and to 69% of the nation’s base closure job losses. their families, neighbors and friends. If these Mr. MENENDEZ. Mr. Speaker, I rise today California will suffer even more job losses as dedicated workers are lost, the Navy will to pay tribute to a brilliant educator, a dedi- a result of possible base closures projected have to expend considerable time and ex- cated scholar, a religious leader, and the June 15, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1267 president of St. Peter's College. Father Daniel As president of St. Peter's College, Father organization called Write Your Congressmen. A. Degnan, S.J. has served the college with Degnan has distinguished himself, but that is Founded in 1958, this organization helps focus distinction for the last 5 years. His achieve- nothing new for him. He has been recognized and amplify the voice of the American people. on numerous occasions for his contributions ments will be recognized at a special cere- National Write Your Congressmen, Inc. pro- and is the recipient of the Papal Benemerenti mony on Monday, June 19. vides the voters with an opinion ballot that out- Medal, 1992; the Thomas More Medal, 1992; The presidency of St. Peter's College marks the New York University Presidential Medal, lines every side of the issues. They simply the culmination of a 26-year career in edu- 1994; the Hudson Catholic High School present the facts, in order to educate the pub- cation, dating back to a teaching fellowship at Signum Fidei Award, 1994; and he was lic. And by doing so, they are creating a more Harvard Law School during the 1969±70 aca- named a Fellow of the American Bar Founda- responsible America. demic year. Father Degnan taught 5 years at tion, 1992; and a Seton Hall Law School Dis- There is nothing more important than citizen the college of law at Syracuse University and tinguished Alumnus, 1983. from there spent 2 years at Georgetown Uni- involvement in the democracy we have Father Degnan's term at St. Peter's ends on formed. By communicating their positions to versity Law Center. He served as an adminis- June 30 and he will be greatly missed by ev- trator at Loyola College of Maryland and spent their elected Representatives we create a true eryone associated with the college. However, democracy. My colleagues and I welcome the 12 years in New Jersey as an administrator I am pleased to report that he will remain ac- information provided by the members of Na- and teacher at the Seton Hall University tive writing about the works of St. Thomas School of Law, 1978±90. Aquinas. Please join me in honoring a very tional Write Your Congressmen. This organi- zation is truly dedicated to the betterment of In 1990, he assumed the presidency of St. special man. America. Their interest is purely in encourag- Peter's College where he undertook a major f ing citizens to be directly involved in their law building program. During his tenure, the col- STATEMENT IN RECOGNITION OF making process. I am impressed by their can- lege has undergone major renovations, includ- NATIONAL WRITE YOUR CON- dor and inspired by their cause. ing the addition of two new residence halls. In GRESSMEN, INC. addition, a new quadrangle and refurbished Mr. Speaker, at this time I would encourage McIntyre Lounge, Hudson Room, and college all my colleagues to become involved with Na- store were completed. Under his leadership, HON. SUE W. KELLY tional Write Your Congressmen, Inc., and I the dream of an east campus has come to re- OF NEW YORK thank them for providing a more effective way IN THE HOUSE OF REPRESENTATIVES ality with the new Whelan Hall, renovations to of education and communication for all people, Saint Peter Hall, and several other additions Thursday, June 15, 1995 nationwide. that have expanded the college east of Ken- Mrs. KELLY. Mr. Speaker, at this time I nedy Boulevard. would like to commend the work of a national Thursday, June 15, 1995 Daily Digest

HIGHLIGHTS Senate passed Telecommunications Competition/Deregulation Act. Senate (6) Pressler Amendment No. 1422, to substitute Chamber Action a dollar-based limit on small cable rate relief rather Routine Proceedings, pages S8417–S8524 than one based on media ownership. Page S8474 Measures Introduced: Ten bills and two resolu- (7) Pressler Amendment No. 1423, of a technical tions were introduced, as follows: S. 924–933, and nature. Pages S8474±75 S. Res. 134 and 135. Pages S8493, S8517 Rejected: Measures Passed: (1) Simon Modified Amendment No. 1283, to re- vise the authority relating to Federal Communica- Telecommunications Competition/Deregulation tions Commission rules on radio ownership. (By 64 Act: By 81 yeas to 18 nays (Vote No. 268), Senate yeas to 34 nays, 1 voting present (Vote No. 265), passed S. 652, to provide for a pro-competitive, de- Senate tabled the amendment.) Pages S8417, S8423±27, regulatory national policy framework designed to ac- S8430±31, S8433, S8437, S8460 celerate rapidly private sector deployment of ad- (2) Lieberman Amendment No. 1298, to establish vanced telecommunications and information tech- a determination of reasonableness of cable rates. (By nologies and services to all Americans by opening all 67 yeas to 31 nays, 1 voting present (Vote No. 266), telecommunications markets to competition, after Senate tabled the amendment.) Pages S8417, S8422±23, taking action on further amendments proposed S8427±30, S8431±38 thereto, as follows: Pages S8417±20, S8422±58, S8460±80 Withdrawn: Adopted: (1) Stevens/Inouye Amendment No. 1303, to en- (1) Warner Modified Amendment No. 1325, to sure that resale of local services and functions is of- require that each Bell operating company provide in- fered at an appropriate price for providing such serv- formation on protocols and technical requirements ices. Pages S8417, S8438 for connection with and use of its telephone ex- (2) Rockefeller Amendment No. 1292, to elimi- change service facilities. Pages S8417, S8432, S8460 nate any possible jurisdictional question arising from (2) By 98 yeas to 1 nay (Vote No. 264), Pressler universal service references in the health care provid- (for McCain) Amendment No. 1285, to means test ers for rural areas provision. Pages S8417, S8438 the eligibility of the community users. During consideration of this measure today, Senate Pages S8417±19, S8436 also took the following action: (3) Heflin Amendment No. 1367, to provide for Kerry Amendment No. 1313, to clarify State rate- a local exchange carrier to acquire cable systems. making authority, agreed to on Wednesday, June 14, was modified by unanimous consent. Pages S8474±75 Pages S8417, S8438±39 (4) Hollings (for Breaux) Modified Amendment Commending Sheila Burke: Senate agreed to S. No. 1299, to require that at least 80% of vessels re- Res. 134, expressing the Senate’s gratitude to Sheila quired to implement the Global Maritime Distress B. Burke for her service as Secretary of the Senate. and Safety System have the equipment installed and Page S8480 operating in good working condition. Authorizing Use of Capitol Grounds: Committee Pages S8417, S8474 on Rules and Administration was discharged from (5) By 59 yeas to 39 nays, 1 voting present, (Vote further consideration of S. Con. Res. 17, authorizing No. 267), Pressler (for Dole) Amendment No. 1341, the use of the Capitol Grounds for the exhibition of to strike the volume discounts provisions. the RAH–66 Camanche helicopter, and the resolu- Pages S8417, S8438±43, S8462±63, S8477±78 tion was then agreed to. Pages S8487±88 D 737 D 738 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 1995 Authorizing Production of Documents: Senate ciation, Shorterville, on behalf of the National Pea- agreed to S. Res. 135, to authorize the production nut Growers Group; Craig Anderson, Longmont, of documents, testimony from a former Senate em- Colorado, on behalf of the American Sugarbeet ployee, and representation by Senate Legal Counsel. Growers Association; James C. Barr, National Milk Page S8488 Producers Federation, Arlington, Virginia; Less National Highway System Designation Act: Sen- Guthrie, Porterville, California, on behalf of the Na- ate began consideration of a motion to proceed to tional Cattlemen’s Association; Cindy Siddoway, consideration of S. 440, to amend title 23, United Terreton, Idaho, on behalf of the American Sheep In- States Code, to provide for the designation of the dustry Association; Pat Henderson, American Oat National Highway System. Pages S8480±87 Association, Minneapolis, Minnesota; Bill Kubecka, A motion was entered to close further debate on National Grain Sorghum Producers, Abernathy, the motion to proceed to consideration of the bill Texas; Robert P. Dixon, SF Services, Inc., North Lit- and, in accordance with the provisions of Rule XXII tle Rock, Arkansas, on behalf of the National Coun- of the Standing Rules of the Senate, a vote on the cil of Farmer Cooperatives; and Dale E. Aupperle, cloture motion will occur on Monday, June 19, American Society of Farm Managers and Rural Ap- 1995. Page S8488 praisers, Inc., Denver, Colorado. Senate will continue consideration of the motion Hearings were recessed subject to call. to proceed to consideration of the bill on Friday, June 16. BOSNIA Committee on Armed Services: Committee continued Communications: Pages S8492±93 hearings to examine United States policy regarding Executive Reports of Committees: Page S8493 the conflict in Bosnia, receiving testimony from Statements on Introduced Bills: Pages S8493±S8516 James R. Schlesinger, former Secretary of Defense and former Secretary of Energy; Richard L. Additional Cosponsors: Page S8516 Armitage, former Assistant Secretary of Defense and Amendments Submitted: Page S8517 former Director, U.S. Assistance to Newly Independ- Authority for Committees: Page S8517 ent States; and Col. Harry G. Summers, Jr., USA (Ret.), Bowie, Maryland. Additional Statements: Pages S8517±23 Committee recessed subject to call. Record Votes: Five record votes were taken today. (Total—268) Pages S8436, S8437±38, S8478, S8480 FHA-INSURED AND ASSISTED Recess: Senate convened at 9 a.m., and recessed at MULTIFAMILY HOUSING 6:57 p.m., until 10 a.m., on Friday, June 16, 1995. Committee on Banking, Housing, and Urban Affairs: (For Senate’s program, see the remarks of the Acting Subcommittee on Housing Opportunity and Com- Majority Leader in today’s RECORD on page S8524.) munity Development concluded hearings on the De- partment of Housing and Urban Development’s pro- Committee Meetings posal to restructure the Federal Housing Administra- tion-insured multifamily housing portfolio that re- (Committees not listed did not meet) ceives HUD project-based Section 8 assistance, after receiving testimony from Susan Gaffney, Inspector 1995 FARM BILL: COMMODITY POLICY General, Nicholas P. Retsinas, Assistant Secretary for Committee on Agriculture, Nutrition, and Forestry: Sub- Housing, Federal Housing Commissioner, and Helen committee on Production and Price Competitiveness Dunlap, Deputy Assistant Secretary for Multifamily held hearings on proposed legislation to strengthen Housing, all of the Department of Housing and and improve United States agricultural programs, fo- Urban Development; Jim Wells, Associate Director, cusing on commodity program policies, receiving Housing and Community Development Issues, Re- testimony from Senator Burns; James H. Sanford, sources, Community, and Economic Development Prattville, Alabama, on behalf of the National Cot- Division, General Accounting Office; Larry H. Dale, ton Council; Tommy Hillman, Carlisle, Arkansas, on Fannie Mae, Washington, D.C.; and David A. behalf of the USA Rice Federation; John Long, Smith, Recapitalization Advisors, Inc., and William Newberry, South Carolina, on behalf of the Amer- E. Haynsworth, Boston Financial Group, both of ican Soybean Association; Ross Hansen, Genoa, Colo- Boston, Massachusetts. rado, on behalf of the National Association of Wheat Growers; Rod Gangwish, Shelton, Nebraska, on be- U.S. MILITIA MOVEMENT half of the National Corn Growers Association, Committee on the Judiciary: Subcommittee on Terror- James Earl Mobley, Alabama Peanut Producers Asso- ism, Technology, and Government Information held June 15, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 739 hearings to examine the scope of militia organiza- job applicants or employees on the basis of race, sex, tions in the United States, the nature of their activi- national origin or religion, and requires Federal con- ties, their reason for existence, and the extent to tractors to take affirmative action to ensure equal op- which they pose a threat to American citizens, re- portunity, after receiving testimony from Shirley J. ceiving testimony from Senators Baucus and Levin; Wilcher, Deputy Assistant Secretary for Federal Con- James L. Brown, Deputy Associate Director for tract Compliance, Employment Standards Adminis- Criminal Enforcement, Bureau of Alcohol, Tobacco tration, Department of Labor; Arthur A. Fletcher, and Firearms, Department of the Treasury; Robert Chairman, U.S. Commission on Civil Rights; Ellen M. Bryant, Assistant Director, National Security Di- Shong Bergman, Ellen Shong and Associates, Sea vision, Federal Bureau of Investigation, Department Brook, South Carolina; Susan R. Meisinger, Society of Justice; Col. Fred M. Mills, Missouri State High- for Human Resource Management, Alexandria, Vir- way Patrol, Jefferson City; Maricopa County Attor- ginia; Linda Chavez, Center for Equal Opportunity, ney Richard M. Romley, Phoenix, Arizona; Brian W. Jones, Center for New Black Leadership, Musselshell County Attorney John Bohlman, Round- and Marsha Greenberger, National Women’s Law up, Montana; John E. Trochmann and Robert Center, all of Washington, D.C.; and John Trygg, Fletcher, both of Noxon, Montana; Ken Adams, Junction City, Kansas. Harbor Springs, Michigan; James Johnson, Colum- bus, Ohio; and Norman Olson, Alanson, Michigan. AUTHORIZATION—FEC Hearings were recessed subject to call. Committee on Rules and Administration: Committee concluded hearings on proposed legislation authoriz- AFFIRMATIVE ACTION IN EMPLOYMENT ing funds for fiscal year 1996 for the Federal Elec- Committee on Labor and Human Resources: Committee tion Commission, after receiving testimony from concluded oversight hearings to examine affirmative Danny Lee McDonald, Chairman, and Lee Ann El- action in employment, focusing on compliance with liott, Commissioner, both of the Federal Election Executive Order 11246, which prohibits employers Commission; and Brent Thompson, Fair Government with Federal contracts from discriminating against Foundation, Washington, D.C. h House of Representatives Speaker Pro Tempore: Read a message from the Chamber Action Speaker wherein he designates Representative Bills Introduced: Seventeen public bills, H.R. Torkildsen as Speaker pro tempore for today. 1851–1866, 1868; one private bill, H.R. 1867; and Page H5985 one resolution, H. Con. Res. 77, were introduced. Journal: By a yea-and-nay vote of 356 yeas and 49 Pages H6044±46 nays, Roll No. 380, the House approved the Journal Reports Filed: Reports were filed as follows: of Wednesday, June 14. Pages H5985±86 H.R. 70, to permit exports of certain domestically Department of Defense Authorization: By a re- produced crude oil (H. Rept. 104–139, Pt. 1); corded vote of 300 ayes to 126 noes, Roll No. 385, H. Res. 167, providing for consideration of H.R. the House passed H.R. 1530, to authorize appropria- 1817, making appropriations for military construc- tions for fiscal year 1996 for military activities of the tion for the Department of Defense for the fiscal year Department of Defense, and to prescribe military ending September 30, 1996 (H. Rept. 104–140); personnel strengths for fiscal year 1996. H.R. 1854, making appropriations for the Legisla- Pages H5990±H6021 tive Branch for the fiscal year ending September 30, Rejected the Dellums motion to recommit the bill 1996 (H. Rept. 104–141); to the Committee on National Security with instruc- Report entitled ‘‘Subdivision of Budget Totals for tions to report the bill back forthwith containing an fiscal year 1996’’ (H. Rept. 104–142); and amendment to authorize $100 million for impact aid H.R. 1868, making appropriations for foreign op- for school-aged dependents of certain military per- erations, export financing, and related programs for sonnel (rejected by a recorded vote of 188 ayes to the fiscal year ending September 30, 1996 (H. Rept. 239 noes, Roll No. 384). Pages H6017±21 104–143). Page H6044 D 740 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 1995 Agreed To: The Markey amendment that reduces the author- Committee Meetings ization for the Department of Energy tritium pro- FARM BILL—RICE, WHEAT AND OILSEED duction activities from $100 million to $50 million TITLES (agreed to by a recorded vote of 214 ayes to 208 Committee on Agriculture: Subcommittee on General noes, Roll No. 381); and Pages H5991±98 Farm Commodities continued hearings on the Farm The Spence en bloc amendment that expresses the Bill—Rice, Wheat, and Oilseed Titles. Testimony sense of Congress concerning unilateral implementa- was heard from Representative Lincoln; and public tion of the Start II Treaty; authorizes an additional witnesses. $9 million for a superconducting radio frequency free election laser program; authorizes $28 million LEGISLATIVE AND FOREIGN OPERATIONS, for the advanced submarine combat systems develop- EXPORT FINANCING AND RELATED ment program; authorizes an additional $10 million PROGRAMS APPROPRIATIONS to establish a joint targeting support system testbed; Committee on Appropriations: Ordered reported the fol- establishes new procedures whereby there is placed lowing appropriation bills for fiscal year 1996: Legis- an increased reliance on private sector services for the lative; and the Foreign Operations, Export Financing Department of Defense; authorizes expansion of the and Related Programs. Southwest Border States Anti-Drug Information Sys- tem; improves combat readiness of the National FINANCIAL INSTITUTIONS REGULATORY Guard and Reserves; expresses the sense of Congress RELIEF ACT that the Uniformed Services Family Health Plan Committee on Banking and Financial Services: Sub- should not be terminated; implements uniform cost committee on Financial Institutions and Consumer sharing requirements for Uniformed Services Treat- Credit approved for full Committee action amended ment Facilities; establishes cost reimbursement rules H.R. 1362, Financial Institutions Regulatory Relief for indirect costs attributable to private sector work Act of 1995. of defense contractors; prohibits the consolidation of the Aviation Technical Test Center with any other SUPERFUND REAUTHORIZATION aviation testing facility until 60 days after a report Committee on Commerce: Subcommittee on Commerce, submitted to the Congress and evaluated; reinstates Trade, and Hazardous Materials continued hearings certain applications of the Buy America Act; ex- on the reauthorization of the Superfund program. presses the sense of the Congress regarding the Testimony was heard from Senator Inhofe; Rep- Chemical Weapons Convention; establishes an accel- resentatives Regula and Visclosky; Tim Fields, Ad- erated schedule for environmental management ac- ministrator, EPA; Becky Norton Dunloop, Secretary tivities; and modifies the existing land conveyance of Natural Resources, State of Virginia; Nick agreement of the Hamilton Air Force Base (agreed DiPasquale, Division Director for Air and Waste to by a recorded vote of 411 ayes to 14 noes, Roll Management, Department of Natural Resources, No. 383). Pages H6008±16 State of Delaware; Jim Strock, Secretary, Environ- Rejected the DeLauro amendment that sought to mental Protection Agency, State of California; Cindy eliminate provisions that prohibit privately funded Hafner, Supervising Attorney, Division of Emer- abortions at overseas Department of Defense medical gency and Remedial Response, Environmental Pro- facilities (rejected by a recorded vote of 196 ayes to tection Agency, State of Ohio; Gail Norton, Attor- 230 noes, Roll No. 382). Pages H5998±H6008 ney General, State of Colorado; and public witnesses. The Clerk was authorized to correct section num- Hearings continue June 20. bers, punctuation, cross-references, and to make such TRANSFORMATION OF MEDICAID other technical, clerical and conforming changes as PROGRAM may be necessary in the engrossment of the bill. Page H6021 Committee on Commerce: Subcommittee on Health and the Environment continued hearings on the Trans- Quorum Calls—Votes: One yea-and-nay vote and formation of the Medicaid program. Testimony was five recorded votes developed during the proceedings heard from Kwai-Cheung-Chan, Director, Division of the House today and appear on pages H5985–86, of Program, Evaluation and Methodology, GAO; H5997–98, H6007–08, H6015–16, H6020–21, and David Satcher, M.D., Director, Centers for Disease H6021. There were no quorum calls. Control and Prevention, Department of Health and Adjournment: Met at 10 a.m. and adjourned at Human Services; Elin Gursky, M.D., Senior Assist- 6:20 p.m. ant Commissioner of Health, Department of Health, June 15, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 741 State of New Jersey; David R. Smith, M.D., Com- OVERSIGHT missioner, Department of Health, State of Texas; and Committee on the Judiciary: Subcommittee on the Con- public witnesses. stitution held an oversight hearing on partial-birth abortions. Testimony was heard from public wit- ECONOMICALLY TARGETED INVESTMENTS nesses. Committee on Economic and Educational Opportunities: Subcommittee on Employer-Employee Relations held OVERSIGHT a hearing on H.R. 1594, to place restrictions on the Committee on Resources: Subcommittee on Fisheries, promotion by the Department of Labor and other Wildlife and Oceans held an oversight hearing on Federal agencies and instrumentalities of economi- the NOAA’s Ocean and Coastal Programs. Testi- cally targeted investments in connection with em- mony was heard from D. James Baker, Under Sec- ployee benefit plans. Testimony was heard from Rep- retary, Oceans and Atmosphere, Department of resentative Saxton; Olena Berg, Assistant Secretary, Commerce; and public witnesses. Pension and Welfare Benefits Administration, De- partment of Labor; and public witnesses. CENTRAL UTAH PROJECT COMPLETION OPM OVERSIGHT: CONTRACTING FEDERAL ACT INVESTIGATIONS Committee on Resources: Subcommittee on Water and Committee on Government Reform and Oversight: Sub- Power Resources held a hearing on H.R. 1823, to committee on Civil Service concluded hearings on amend the Central Utah Project Completion Act to OPM Oversight: Contracting Federal Investigations. direct the Secretary of the Interior to allow for pre- Testimony was heard from James B. King, Director, payment of repayment contracts between the United OPM; G. Edward DeSeve, Controller, OMB; Timo- States and the Central Utah Water Conservancy Dis- thy P. Bowling, Associate Director, Federal Human trict dated December 28, 1965, and November 26, Resources Management Issues, GAO; and public 1965. Testimony was heard from Representative witnesses. Hansen; and Roger Patterson, Regional Director, Mid-Pacific Region, Bureau of Reclamation, Depart- OVERSIGHT ment of the Interior. Committee on Government Reform and Oversight: Sub- OVERSIGHT committee on Human Resources and Intergovern- mental Relations held an oversight hearing on Anti- Committee on Resources: Subcommittee on Water and Fraud and Abuse Enforcement in Medicare/Medicaid Power Resources held an oversight hearing on pos- programs. Testimony was heard from the following sible transfer of Reclamation facilities out of Federal officials of the Department of Health and Human Control. Testimony was heard from Representative Services: Bruce Vladeck, Administrator, Health Care Laughlin; Roger Patterson, Regional Director, Mid- Financing Administration; and June Gibbs Brown, Pacific Region, Bureau of Reclamation, Department Inspector General; Gerald Stern, Special Counsel, Fi- of the Interior; and public witnesses. nancial Institution Fraud, Department of Justice; Jonathan Ratner, Assistance Director, Health Finan- ABOLISH CONSENT CALENDAR— cial Issues, GAO; Rufus Noble, Inspector General, ESTABLISH CORRECTIONS CALENDAR Agency for Health Care Administration, State of Committee on Rules: Ordered reported, by a record Florida; and a public witness. vote of 9 to 4, a new privileged resolution consisting of the text of H. Res. 161, as amended by the Com- COMPREHENSIVE ANTITERRORISM ACT mittee, amending clause 4 of House Rule XIII, by Committee on the Judiciary: Continued markup of H.R. abolishing the Consent Calendar and establishing a 1710, Comprehensive Antiterrorism Act of 1995. new Corrections Calendar. H. Res. 161 was laid Will continue tomorrow. upon the table. OVERSIGHT LINE-ITEM VETO Committee on the Judiciary: Subcommittee on Com- Committee on Rules: Pursuant to clause 1 of House mercial and Administrative Law continued oversight Rule XX, the Committee, by a voice vote, adopted hearings on the reauthorization of Legal Services a motion authorizing the Chairman to offer such Corporation. Testimony was heard from Representa- motions as may be necessary in the House to go to tive Taylor of North Carolina; and public witnesses. conference with the Senate on S. 4, relating to the Hearings continue June 22. line-item veto (or a similar House bill). D 742 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 1995 MILITARY CONSTRUCTION as the ‘‘Walter B. Jones Federal Building and United APPROPRIATIONS States Courthouse;’’ H.R. 869, to designate the Fed- Committee on Rules: Granted, by a voice vote, an open eral building and U.S. courthouse located at 125 rule providing 1 hour of debate on H.R. 1817, mak- Market Street in Youngstown, OH, as the ‘‘Thomas ing appropriations for military construction, family D. Lambros Federal Building and U.S. Courthouse;’’ housing, and base realignment and closure for the H.R. 965, to designate the Federal building located Department of Defense for the fiscal year ending at 600 Martin Luther King, Jr. Place in Louisville, September 30, 1996. The rule waives clause 2 (pro- KY, as the ‘‘Romano L. Mazzoli Federal Building;’’ hibiting unauthorized and legislative provisions) and H.R. 255, to designate the Federal Justice Building clause 6 (prohibiting reappropriations) of rule XXI in Miami, FL, as the ‘‘James Lawrence King Federal against provision of the bill. Justice Building;’’ H.R. 1804, to designate the U.S. The rule authorizes the Chair to accord priority in Post Office-Courthouse located at South 6th and recognition to Members who have preprinted their Rogers Avenue, Fort Smith, AR, as the ‘‘Judge Isaac amendments in the CONGRESSIONAL RECORD. The C. Parker Federal Building;’’ H.R. 309, Hopewell rule provides one motion to recommit. Finally, the Township Investment Act of 1995. Testimony was rule provides that the spending and credit allocations heard from Representatives Vucanovich, Hastings of to the Committee on Appropriations contained in Florida, Traficant, Hutchinson and Klink. the House passed budget resolution shall apply for Budget Act enforcement purposes until final adop- VETERANS LEGISLATION tion of a budget resolution. Testimony was heard Committee on Veterans’ Affairs: Ordered reported the from Representatives Vucanovich, Hefner, Brewster, following bills: H.R. 1384, to amend title 38, Unit- and Harman. ed States Code, to exempt certain full-time health- NATIONAL INSTITUTE OF STANDARDS care professionals of the Department of Veterans Af- AND TECHNOLOGY INDUSTRIAL SERVICES fairs from restriction on remunerated outside profes- AUTHORIZATION ACT; ADVANCED sional activities; H.R. 1536, to amend title 38, TECHNOLOGY ADMINISTRATION ACT United States Code, to extend for 2 years an expiring authority of the Secretary of Veterans Affairs with Committee on Science: Subcommittee on Technology respect to determination of locality salaries for cer- approved for full Committee action the following tain nurse anesthetist positions in the Department of measures: the National Institute of Standards and Veterans Affairs; and H.R. 1565, amended, to Technology Industrial Services Authorization Act of amend title 38, United States Code, to extend 1995; and the Advanced Technology Administration through December 31, 1997, the period during Act of 1995. which the Secretary of Veterans Affairs is authorized OSHA’S FALL PROTECTION STANDARD to provide priority health care to certain veterans ex- Committee on Small Business: Subcommittee on Regu- posed to Agent Orange, ionizing radiation or envi- lation and Paperwork held a hearing on OSHA’s Fall ronmental hazards. Protection Standard. Testimony was heard from Jo- seph A. Dear, Assistant Secretary and Director, Oc- EARNED INCOME TAX CREDIT cupational Safety and Health Administration, De- Committee on Ways and Means: Subcommittee on partment of Labor; and public witnesses. Oversight and the Subcommittee on Human Re- COMMITTEE BUSINESS sources held a joint hearing on the Earned Income Tax Credit. Testimony was heard from Representa- Committee on Standards of Official Conduct: Met in ex- tives Petri and Hutchinson; from the following offi- ecutive session to consider pending business. cials of the Department of the Treasury: Leslie B. MISCELLANEOUS MEASURES Samuels, Assistant Secretary, Tax Policy; and Mar- Committee on Transportation and Infrastructure: Sub- garet Milner Richardson, Commission, IRS; Joseph committee on Public Buildings and Economic De- A. Antolin, Deputy Director, Department of Public velopment held a hearing on the following bills: Aid, State of Illinois; and public witnesses. H.R. 395, to designate the U.S. courthouse and Fed- eral building to be constructed at the southeastern TERRORISM corner of Liberty and South Virginia Streets in Reno, Permanent Select Committee on Intelligence: Subcommit- NV, as the ‘‘Bruce R. Thompson United States tee on Human Intelligence, Analysis, and Counter- Courthouse and Federal Building;’’ H.R. 840, to intelligence met in executive session to hold a hear- designate the Federal building and U.S. courthouse ing on Terrorism. Testimony was heard from depart- located at 215 South Evans Street in Greenville, NC, mental witnesses. June 15, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 743 COMMITTEE MEETINGS FOR FRIDAY, House JUNE 16, 1995 Committee on Commerce, to mark up H.R. 1062, Finan- (Committee meetings are open unless otherwise indicated) cial Services Competitiveness Act of 1995, 10 a.m., 2123 Senate Rayburn. Committee on the Judiciary, to continue mark up of H.R. Committee on Commerce, Science, and Transportation, Sub- 1710, Comprehensive Antiterrorism Act of 1995, 10 committee on Surface Transportation and Merchant Ma- a.m., 2141 Rayburn. rine, to hold hearings on the future of Amtrak and local rail assistance, 9:30 a.m., SR–253. D 744 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, June 16 10 a.m., Friday, June 16

Senate Chamber House Chamber Program for Friday: After the recognition of one Sen- Program For Friday: Consideration of H.R. 1817, Mili- ator for a speech and the transaction of any morning busi- tary Construction Appropriations Act for fiscal year 1995 ness (not to extend beyond 11 a.m.), Senate will continue (Open rule, one hour of general debate). consideration of the motion to proceed to consideration of S. 440, National Highway System Designation Act.

Extensions of Remarks, as inserted in this issue

HOUSE Kelly, Sue W., N.Y., E1264, E1267 Norton, Eleanor Holmes, D.C., E1264 Kennedy, Patrick J., R.I., E1250 Owens, Major R., N.Y., E1257 Andrews, Robert E., N.J., E1256 Kildee, Dale E., Mich., E1250 Pastor, Ed, Ariz., E1263, E1266 Ballenger, Cass, N.C., E1261 Kim, Jay, Calif., E1255, E1261 Rahall, Nick J., II, W. Va., E1253 Barcia, James A., Mich., E1260 King, Peter T., N.Y., E1265 Richardson, Bill, N. Mex., E1250 Coble, Howard, N.C., E1253 Lantos, Tom, Calif., E1252, E1254, E1256, E1258, E1266 Roth, Toby, Wis., E1252 Coyne, William J., Pa., E1249 Lewis, Jerry, Calif., E1251 Seastrand, Andrea H., Calif., E1250 Davis, Thomas M., Va., E1249, E1251 Lightfoot, Jim, Iowa, E1259 Flake, Floyd H., N.Y., E1257 Luther, William P., Minn., E1256 Smith, Nick, Mich., E1261 Gilchrest, Wayne T., Md., E1264 Maloney, Carolyn B., N.Y., E1253 Solomon, Gerald B.H., N.Y., E1257 Hamilton, Lee H., Ind., E1259 Manzullo, Donald A., Ill., E1251 Spence, Floyd, S.C., E1265 Hunter, Duncan, Calif., E1260 Martini, William J., N.J., E1255 Tejeda, Frank, Tex., E1249 Jacobs, Andrew, Jr., Ind., E1260 Menendez, Robert, N.J., E1264, E1266 Walsh, James T., N.Y., E1251, E1263 Johnson, Tim, S. Dak., E1258 Mfume, Kweisi, Md., E1265 Williams, Pat, Mont., E1251

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