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

Vol. 142 WASHINGTON, WEDNESDAY, MAY 15, 1996 No. 68 House of Representatives

The House met at 9 a.m. WELCOMING THE REVEREND REES and civic activity. I am grateful that The Reverend Rees F. Warring, sen- F. WARRING Reverend Warring could lead us in ior pastor, Elm Park United Methodist (Mr. MCDADE asked and was given prayer today. He is a man who has en- Church, Scranton, PA, offered the fol- permission to address the House for 1 riched countless lives through his spir- lowing prayer: minute and to revise and extend his re- itual and community leadership. God of all people and nations, You marks.) And, my friends, on a personal note, who created and are still creating, may Mr. MCDADE. Mr. Speaker, let me I would like to extend on behalf of all we be willing partners of Your cre- begin by saying how nice it is too see of us a most happy 58th birthday today ation. Help us to be merciful and just, so many familiar faces in the Chamber to Reverend Warring. compassionate and caring, that this this morning. We are delighted that so f will be a more merciful and just, com- many of our colleagues are here, and of RECESS passionate and caring world. We pray course we all welcome you back to this that the quality of all life will be bet- magnificent House. The SPEAKER. Pursuant to clause 12 ter because of the way we live and Mr. Speaker, I am privileged to wel- of rule I, the House will stand in recess, work. Enable each of us to be an in- come to this Chamber the Reverend subject to the call of the Chair, to re- strument of Your peace, working to Rees F. Warring, and I want to thank ceive the former Members of Congress. eliminate all that separates peoples him for his beautiful opening prayer. Accordingly (at 9 o’clock and 8 min- and nations from You and from each Reverend Warring is the pastor of the utes a.m.), the House stood in recess other. Free us from all bigotry and Elm Park Methodist Church in the city subject to the call of the Chair. prejudice, from pride of place and sta- of Scranton and has served several f tus, from the lack of vision and the churches in northeastern Pennsylvania b 0908 loss of faith. Inspire us, this and every for over 30 years. day, to be so concerned about Your In every congressional district of this RECEPTION OF FORMER MEMBERS way and truth, that Your will may Nation—and no one knows this better OF CONGRESS eventually be done on Earth as it is in than the people assembled here today— The SPEAKER of the House presided. heaven. Amen. there are extraordinary people who ex- The SPEAKER. On behalf of the emplify the positive forces for good and Chair and this Chamber, I consider it a f selflessly serve their fellow man. Rev- high honor and a distinct personal erend Warring and his wife, Jean, who privilege to have the opportunity of THE JOURNAL is with us today, are such individuals. welcoming so many of our former The SPEAKER. The Chair has exam- They have tirelessly devoted their time Members and colleagues as may be ined the Journal of the last day’s pro- and energy helping the less fortunate present here for this occasion. I think ceedings and announces to the House people in their community and provid- all of us want to pause and welcome his approval thereof. ing spiritual solace to their congrega- each of them. Pursuant to clause 1, rule I, the Jour- tion. Because of their good works, Let me also say, if I might, that if nal stands approved. northeastern Pennsylvania and the Na- the House will indulge me to speak tion is a better place in which to live. from the chair for a minute, that I am f They have also raised four wonderful particularly delighted today to be here children, one of whom, also with us to recognize the distinguished gen- PLEDGE OF ALLEGIANCE today, is their son, John, who serves as tleman from Illinois, Mr. Michel, for The SPEAKER. Will the gentleman an important member of my Washing- the amount that this House owes the from Pennsylvania [Mr. MCDADE] come ton staff. gentleman from Illinois for his years of forward and lead the House in the In addition to his spiritual efforts at service, for his sense of commitment to Pledge of Allegiance. Elm Park, Reverend Warring has been the representative process, to his pas- Mr. MCDADE led the Pledge of Alle- active in leading the restoration effort sion for freedom, and his willingness to giance as follows: in Scranton to preserve the area’s serve his country under a wide range of I pledge allegiance to the Flag of the many historic church buildings. Elm circumstances. I would say that I be- United States of America, and to the Repub- Park serves as both an architectural lieve all Members of the Chamber lic for which it stands, one nation under God, landmark in downtown Scranton and would join me in recognizing that the indivisible, with liberty and justice for all. as a community center for religious gentleman from Illinois always placed

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.

H5055 H5056 CONGRESSIONAL RECORD — HOUSE May 15, 1996 the House and the country above both will be joining you next year, and a John Jenrette, Jr., of South Caro- his own personal interest and his par- number of us will be joining your lina; tisan interest. ranks. I do not know if that will be im- Hastings Keith of Massachusetts; I must say, at a personal level, that proving your ranks, but it will improve David King of Utah; without his having been my mentor the ranks here. A lot of Members will Ernest Konnyu of California; and without his having literally at be pleased to have us go. Thanks for Peter N. Kyros of Maine; times helped train me, usually with the joining us again. Mel David of Wisconsin; best of cheer, but on a rare occasion The years do go by fast. Welcome Norman F. Lent of New York; with a direct and firm manner, I would back to the Chamber. Wiley Mayne of Iowa; not today be Speaker. While the Demo- The SPEAKER. Before the chair rec- Romano L. Mazzoli of Kentucky; crats in the Chamber may regret that ognizes the distinguished gentleman Paul N. (Pete) McCloskey of Califor- part of his career, I can say, at least on from Florida, let me just say again as nia; behalf of the Republicans, that we are a history teacher, I particularly appre- Bob McEwen of Ohio; all in Mr. Michel’s debt for having ciate all of you coming back because Matthew McHugh of New York; taught many of us a great deal about the process of freedom is an organic Lloyd Meeds of Washington; Robert H. Michel of Illinois; the art of leading in a free society. So process. The degree to which Members Abner J. Mikva of Illinois; it is a great honor to me to have this and former Members are able to edu- opportunity to be here and to state my Wilmer D. Mizell of North Carolina; cate the community, the degree to John S. Monagan of Connecticut; feelings about the gentleman from Illi- which each of you in your working life nois. Frank E. Moss of Utah; and in your chances as a citizen once Charles H. Percy of Illinois; Let me at this time yield to the gen- you leave this place are able to reach tleman from Mississippi [Mr. MONT- Shirley N. Pettis of California; out and help others understand this Howard W. Pollock of Alaska; GOMERY] on behalf of the minority. complex process that we call represent- Mr. MONTGOMERY. Mr. Speaker, on Joel Pritchard of Washington; ative self-government is a very, very behalf of the minority leader, the gen- Thomas F. Railsback of Illinois; important part of the way in which we tleman from Missouri, DICK GEPHARDT, John Rhodes of Arizona; educate ourselves each generation. on the Democratic side, I would like to John J. Rhodes III of Arizona; So I think the fact that you have re- also welcome former Members to this Don Ritter of Pennsylvania; mained active and that you are back great assembly Hall and also offer my Paul G. Rogers of Florida; here today is a very important part of congratulations to Bob Michel, who John Rousselot of California; that historic chain that takes us all you will give this award to this morn- Donald Rumsfeld of Illinois; the way back to the very first Congress George F. Sangmeister of Illinois; ing. Bob Michel was minority leader and that will carry us forward to future Ronald A. Saracen of Connecticut; for a number of years and also a war Congresses beyond our own service. So Harold S. Sawyer of Michigan; hero. As you know, you have the privi- I appreciate very much your being here Richard T. Schulze of Pennsylvania; leges of the floor for the rest of the today. Carlton R. Sickles of Maryland; day. J. William Stanton of Ohio; We will be taking up the defense au- The Chair now recognizes the Honor- James C. Wright of Texas; thorization bill, Mr. Speaker, and now able Louis Frey, Vice President of the Leo C. Zeferetti of New York. we do not go as long as we used to on Association, to take the chair. Mr. FREY (presiding). Thank you, Mr. FREY (presiding). It is now my the defense authorization bill. Then personal privilege to introduce to this after that we will take up a budget res- Mr. Speaker, Congressman MONTGOM- group the president of the former Mem- olution. I would like to point out that ERY, and Congressman MYERS, for al- bers, the gentlewoman from Louisiana, I and 32 other Members of the House of lowing us to be here. the Honorable Lindy Boggs. The asso- Representatives will be former Mem- There is always one thing I have ciation has just been fortunate to have bers about January 3 of next year, and wanted to say when I got up here. Ev- as its leader such an extraordinary, 13 Senators, so we have some folks that erybody in favor of the balanced budget wonderful person. Her energy, her add to the ranks. please say aye. Sorry, I waited 30 years Welcome to Lindy Boggs, the Presi- for that. drive, her vision, trying to catch up dent of your Association. She has been The Clerk will now call the roll of with Lindy is just about impossible. I honored greatly this last week, not former Members of Congress. do not know how she does it. She puts only in Missouri but also in Mis- The Clerk called the roll of former us all to shame. She can bring us all sissippi. Thank you for giving me this Members of the Congress, and the fol- together. If we have any problems at opportunity. lowing former Members answered to all, we just listen to her and we just The SPEAKER. If I may recognize their name: fall in place because she is such a won- the gentleman from Indiana [Mr. ROLLCALL OF FORMER MEMBERS OF CONGRESS derful person and a great leader. MYERS] on behalf of the majority. ATTENDING THE 26TH ANNUAL SPRING MEET- If I had to use one word and I was Mr. MYERS of Indiana. Thank you, ING, MAY 15, 1996 forced to use one word to describe our Mr. Speaker, and good morning to each Lindy Boggs of Louisiana; president, I guess I would have to pick of you. On behalf of the majority lead- Daniel Brewster of Maryland; the word class. Everything that the er, who unavoidably is detained, who William E. Brock III of Tennessee; gentlewoman has done personally, po- planned to be here, but since I am Donald G. Brotzman of Colorado; litically, in the business world, has going to join your ranks this year, he James T. Broyhill of North Carolina; been that that is the best in this coun- said why do you not do it for me. So we Elford A. Cederberg of Michigan; try. We are just proud of the fact that are pleased to have y’all back again Charles F. Chamberlain of Michigan; we have been able to work with you. here in this Chamber. Rod Chandler of Washington; We thank you for everything you have I know many of you spent a good James K. Coyne of Pennsylvania; done, and we turn the floor over to you. many years here, fond memories. It has Robert B. Duncan of Oregon; (Mrs. BOGGS asked and was given not changed a whole lot that much. John Erlenborn of Illinois; permission to revise and extend her re- But we do welcome you back, and it is Marvin Esch of Michigan; marks.) good to see so many look so young. Louis Frey, Jr., of Florida; Mrs. BOGGS. Thank you, Mr. Speak- You, too, Don. You know, it seemed Robert A. Grant of Indiana; er. Thank you so much. Mr. Speaker, I like when we were younger that every- James M. Hanley of New York; thank you so very much for those one aged more rapidly. But now that I Robert P. Hanrahan of Illinois; beautiful remarks. And I was sitting am more mature, I realize that that is Harry Haskell, Jr., of Delaware; there hoping the real Lindy Boggs not true. But we do welcome you back William D. Hathaway of Maine; would stand up. It is such a pleasure to and see so many that are still able to Jeffrey Hillelson of Missouri; be here. come back and say hello to us. George W. Hochbrueckner of New Mr. Speaker, my colleagues and I are Again, there will be several of us York; pleased and honored to have this oppor- joining you. Mr. MONTGOMERY and I William L. Hungate of Missouri; tunity to once again be on the House May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5057 floor and to present our 25th, 26th an- we have a congressional fellow—a German Government leaders at the nual report to the Congress. We thank former congressional staffer—in resi- Capitol this past year, the study group you for your warm welcome, and cer- dence. We also have been invited by the hosted its 13th Annual Congress-Bun- tainly we thank the gentleman from Foreign Affairs Committee of the Chi- destag Seminar in April in Cape Mississippi and the gentleman from In- nese National People’s Congress to Girardeau, MO, located in the district diana for their beautiful welcome to us. send a delegation to China. of Congressman BILL EMERSON. The lo- I have to say that the gentleman The association cooperates with the cation was chosen because the Mem- from Indiana developed that southern U.S. Government and a number of non- bers of the Bundestag who participated accent when he was the president of profit organizations which make avail- in last year’s seminar in Dresden, Ger- the Lower Mississippi Valley Flood As- able for educational projects the expe- many requested that this year’s semi- sociation. Mr. Speaker, we have with- rience and perspectives of persons who nar be held in middle-America, an area out exception a warm attachment to have served in Congress. It has pro- of the country many of them had never this body, its traditions and its role in vided former Members of Congress for visited. Accordingly, Congressman EM- a democratic society. We welcome the participation in programs sponsored by ERSON, the 1995 chairman of the study opportunity to speak out on behalf of USIA’s AMPARTS [American Partici- group in the House, very kindly invited all its members. The association, over pants] Program in Africa, Asia, Latin us to hold the seminar in his district. the 26 years since its inception, has America, Europe, and Australia. USIA The meeting, in which Louis Frey of grown to a membership of some 600 and staff members hope to involve more Florida, Martin Lancaster of North an annual budget in excess of $650,000. former Members of Congress in these Carolina, and I were privileged to par- Following the mandate of its charter, programs and have asked us to notify ticipate along with current Members of the association has developed a number them when any of our Members who Congress and current and former Mem- of programs, both domestic and inter- may be interested in participating in bers of the Bundestag, was a resound- national, to promote the improved pub- these programs are traveling abroad. ing success. As well as having indepth lic understanding of the Congress as an So, please let us know of your travel discussions about many facets of Unit- institution and representative democ- plans. ed States-German relations, we took racy as a system of government. The association currently is working an afternoon cruise on the Mississippi One of our earliest initiatives was with the United States Embassy in River on the motor vessel Mississippi, Mexico, where former Congressman our highly successful Congressional- the flagship of the Corps of Engineers, Jim Jones is serving as Ambassador, to Campus Fellows Program. Under this during which we learned about the ef- initiate an exchange program with the program, which was launched in 1976, fective efforts of the corps in flood con- Parliament of Mexico. A bipartisan former Members of Congress visit col- trol, and we had the opportunity to team of two former Members of Con- leges, universities, and high school tour neighboring counties and to meet gress is scheduled to make a visit, campuses for 2 to 5 days to have formal with a number of Americans of German under funding from the United States and informal meetings with students, descent, whose ancestors came from Information Agency, to Mexico in June faculty, and community representa- Germany to settle the area. to conduct a pilot project in this effort. tives to share with them firsthand The study group program is funded With funding received from the Ford knowledge about the operations of the principally by the German Marshall Foundation, a study mission to Cuba U.S. Congress, the executive branch, Fund of the United States. Its activi- will be undertaken to assess the cur- and of course the judiciary. Seventy- ties have included joint meetings of rent situation there, as soon as condi- three (73) former Members of Congress the agriculture committees of Congress tions are more favorable. We also have have reached more than 100,000 stu- and the Bundestag and visits by Mem- been working closely with the George dents through 232 programs on 164 cam- bers of the Bundestag to observe the Il- C. Marshall European Center for Secu- puses in 49 States. The most recent linois presidential primary and the rity Studies in Garmisch, Germany, visit made in this program was by Ro- Iowa caucus, as well as to congres- which aids defense and foreign min- mano Mazzoli of Kentucky, who visited istries in Europe’s aspiring democ- sional districts throughout the country Denison University in Ohio last month. racies to develop national security or- with Members of Congress to learn In this time of increasing criticism of ganizations and systems that reflect about the U.S. political process at the Congress, the members of the associa- democratic principles. Former Con- grassroots level. The association also serves as the tion feel particularly strongly that this gressman Martin Lancaster of North secretariat for the Congressional Study program is vital to renew the faith of Carolina has spoken at several of the Group on Japan, which seeks to de- the American people in its system of Center’s programs for parliamentarians velop a congressional forum for the representative government and to in- from Central and Eastern Europe, and still in them the importance of their additional former Members will be par- sustained study and analysis of policy active participation in the democratic ticipating in these programs in the options on major issues in United process. We have been seeking funding coming year. States-Japan relations, and to increase to reinvigorate this program so our The association also provides oppor- opportunities for Members of Congress members may reach more students and tunities for current Members of Con- to meet with their counterparts in the faculty, and we will continue to do so gress to share their expertise with leg- Japanese diet for frank discussions of in the coming year. islators of other countries and to learn those key issues. This unofficial, infor- The association also provides oppor- firsthand the operations of those gov- mal, and bipartisan group, which is tunities for our members to share their ernments. It has continued serving as open to all Members of Congress, has 77 congressional experiences overseas. the secretariat for the Congressional members, and an additional 49 Mem- Fifteen (15) study tours have been car- Study Group of Germany, which is the bers of Congress have asked to be kept ried out for members of the associa- largest and most active exchange pro- informed of its activities. An ongoing tion, who, entirely at their own ex- gram between the United States Con- activity of the study group is to host penses, have participated in edu- gress and the Parliament of another breakfast and/or luncheon discussion cational and cultural visits to China, country. The study group is an unoffi- meetings with Americans and Japanese the former Soviet Union, Western and cial, informal, and bipartisan organiza- who are experts on various facets of Eastern Europe, the Middle East, tion open to all Members of Congress. the United States-Japan relationship. South America, New Zealand, and Aus- Currently, it involves approximately For example, in March, George Fisher, tralia. Most recently, a group of our 120 Representatives and Senators, and chairman, president and CEO, and chief members visited Canada, where former provides opportunities for Members of operating Officer of Eastman Kodak Congressman Jim Blanchard of Michi- Congress to meet with their counter- Co., met with study group members for gan has been our distinguished Ambas- parts in the German Bundestag and to a lively discussion about the current sador. In the coming year, we are plan- facilitate better understanding and film industry debates. The month prior ning to have a delegation visit greater cooperation. to that, the study group had the oppor- Ukraine, where we support a program In addition to hosting a number of tunity to hear from the new Japanese to assist the Ukrainian Parliament and Members of the Bundestag and other Ambassador to the United States, His H5058 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Excellency Kunihiko Saito. Major countries. In this connection, Mr. things that he said about me, I can just funding for this study group is provided Speaker, I am pleased to recognize and reverse to say about him, Louis Frey of by the Japan-United States Friendship welcome three representatives of those Florida; and, as vice president, Mat- Commission. The Ford Foundation also associations who are with us today: thew McHugh of New York. With them provided funding which assisted with Barry Turner and Hal Herbert of the at the helm, the leadership of the asso- the start-up operations of this group. Canadian Association of Former Par- ciation will be in capable and very ex- The association’s program to assist liamentarians and Georg Ehrnrooth of perienced hands. the new democratic nations in Central the Association of Former Members of Each year the association presents a and Eastern Europe and the former So- the Parliament of Finland. These rela- Distinguished Service Award to an out- viet Union, which was begun in 1989, tionships have been extremely cordial. standing public servant. This award ro- has continued to expand. Under fund- Lasting friendships have developed tates between political parties, as do ing from the United States Information and, as one may expect, a better under- our officers also. Last year’s recipient Agency, the association has: Hosted standing and appreciation of our com- on the Democratic side was Vice Presi- delegations of Members of Parliaments mon democratic institutions has dent ALBERT GORE, Jr., former Rep- of Poland, Hungary, the Czech Republic emerged. resentative and Senator from Ten- and Slovakia in the United States; sent I would be remiss, Mr. Speaker, if I nessee. This year, the recipient on the bipartisan teams of former Members of did not salute the work of the U.S. As- Republican side is the distinguished Congress, accompanied by either a con- sociation of Former Members of Con- former minority leader and Represent- gressional or country expert, to Hun- gress Auxiliary and express our grati- ative from Illinois, Robert H. Michel. gary, Poland, and Czechoslovakia; and tude to its membership so ably headed It is a special personal pleasure for placed a congressional fellow in Buda- by Annie Rhodes and Debi Alexander, me to present this award to Bob on be- pest for 2 years to provide technical as- and to mention the untiring and suc- half of the association as I greatly en- sistance to the Members and staff of cessful efforts of Linda Reed, our exec- joyed the years that both my husband, the Hungarian Parliament. utive director, and Walt Raymond, who Hale Boggs, and I were privileged to Under a grant from the Pew Chari- has been responsible for most of these serve with him in the House and to table Trusts, in March 1994, the asso- overseas programs, and of course of our enjoy and admire his wonderful wife, ciation placed one congressional fellow distinguished board members and our Corinne. He has certainly been an out- in Slovakia—Jon Holstine—and an- very kind and excellent Academic Ad- standing Member of Congress. He has other congressional fellow in Ukraine— visory Committee. served with his leadership, not only his Cliff Downen—for 2-year stints. Jon Mr. Speaker, it is now my sad duty to constituents in Illinois, but also the Holstine’s tour ended last month, but inform the House of those persons who U.S. public in general with great dis- Cliff Downen is remaining in Ukraine have served in the Congress and who tinction through many years. I must for an additional year to continue the have passed away since our report last say that we are presenting this privi- highly successful fellowship program year. Those deceased Members of the lege to him, we are just falling in line he began in August 1995, which brings Congress are: with a large number of other distin- young Ukrainians to Kiev to work with John Joseph Allen, Jr., California; guished Americans. In 1994, President the Members and staff of the Rada Par- Les Aspin, Wisconsin; Clinton awarded Bob Michel our Na- liament for a 1-year period. The initial Bert A. Bandstra, Iowa; tion’s highest civilian honor, the Medal funding for this fellowship project was Joseph W. Barr, Indiana; of Freedom, and he was presented at obtained from the Rule of Law Grant James C. Cleveland, New Hampshire; one time the Citizen’s Medal, our Na- Program, which is funded by the U.S. Williard S. Curtin, Pennsylvania; tion’s second highest Presidential Agency for International Development. Leonard Farbestein, New York; award, in 1989 by President Ronald The second year of the program is Ovie Clark Fisher, Texas; Reagan. He has also received the VFW being funded by a grant from the Dean A. Gallo, New Jersey; Congressional Award, in recognition of Charles Stewart Mott Foundation and Porter Hardy, Virginia; his outstanding service to the Nation, a new grant from AID. Former Mem- John E. Henderson, Ohio; and, in the same year, the American bers of Congress, Louis Frey of Florida, Albert Sydney Herlong, Jr., Florida; Institute for Public Service presented Lucien Nedzi of Michigan, and Don John C. Hinson, Mississippi; him with the Jefferson Award for Pub- Johnson of Georgia, former House Par- Chet E. Holifield, California; lic Service. liamentarian William Brown and cur- A. Oakley Hunter, California; He has also been recognized for just a rent and former congressional staff Walter B. Jones, North Carolina; range of activities that are really re- members and Congressional Research Barbara Jordan, Texas; markable, and he has received the Na- Service personnel have visited these Edward R. Madigan, Illinois; tional Security Leadership Award by fellows to assist them by conducting Thomas E. Morgan, Pennsylvania; the leaders of the Reserve Officers As- workshops and participating in semi- Edmund S. Muskie, Maine; sociation, the American Security nars with Members of Parliament. Joseph Mruk, New York; Council, and a bipartisan National Se- Back on the home front, the associa- Richard G. Shoup, Montana; curity Caucus on behalf of over 100 na- tion has continued its program of hos- B.F. ‘‘Bernie’’ Sisk, California; tional organizations. He has also been pitality for distinguished international Henry P. Smith III, New York; the recipient of the Golden Bulldog visitors, parliamentarians, cabinet Margaret Chase Smith, Maine; Award, presented by the Watchdogs of ministers, judges, academicians, and John C. Stennis, Mississippi; the Treasury, for 18 consecutive terms. journalists here at the Capitol. This Jesse Sumner, Illinois; So it is a tremendous pleasure for us, program, originally funded by the Ford Mike Synar, Oklahoma; of course, to be able to present this Foundation, has been continued under Boyd Tackett, Arkansas; award to our colleague, and I am cer- grants from the German Marshall Fund Lera Thomas, Texas; tain he will continue to be the very of the United States. These grants have William Homer Thornberry, Texas; special person that he has been for so enabled us to host 336 events—break- Andrew Jackson Transue, Michigan; many years, for many years to come. fasts, luncheons, dinners, and recep- Jamie L. Whitten, Mississippi; I know all of you share my feelings tions—for visitors from 85 countries William A. Winstead, Mississippi; and and respect and admiration in being and the European Parliament, and has Ralph W. Yarborough, Texas. able to present this award to Bob, and proved to be an effective avenue for im- Mr. Speaker, I respectfully ask all of I hope that he will come forward to re- proving communication and under- you for a moment of silence in their ceive it. standing between Members of Congress memory. The award reads: ‘‘Presented to the and leaders of other nations. May then rest in peace. Amen. Honorable Robert H. Michel of the In addition to our work with current It is now my happy duty to report United States Association of Former parliamentarians, we maintain close that nominated to be our association’s Members of Congress in recognition of relations with associations of former new president is our colleague who is his exemplary service to the Republic Members of the Parliaments of other presiding today, and of all of the nice as a decorated war hero and as the May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5059 long-term Republican leader of the stitution, or you would not be here She was kind enough to mention my United States House of Representa- today as a former Member, would just name in the course of her remarks and tives. In Washington, D.C., May 15, accelerate those efforts at a time when it was a great pleasure for me to go to 1996.’’ the institution, all institutions of gov- Denison, Senator LUGAR’s alma mater, Bob, it is so wonderful to be able to ernment, it seems to me, are under at- to take part in that program. And I present this to you. I am also pleased tack, and we need to be more positive would only indicate to my colleagues, to present you with this scrapbook of in telling our young people what it any one of you who would have an op- letters from your colleagues offering really means to this country. portunity, whether by invitation or their congratulations, along with mine, I remember a time when I was a little just inviting yourself, to go to one of for this well-deserved symbol of our apprehensive about electrifying the the schools. And it was a wonderful ex- love and appreciation. We will be House of Representatives by electroni- perience, I think for the students, cer- happy to receive some remarks from cally covering the proceedings of this tainly for me. And I believe it is one you, sir. body. You know, will there be show- wonderful opportunity we have to con- Mr. MICHEL. Madam President and boating? Will it be good? Will it be tinue to share this information with former Speaker Jim Wright and my bad? Well, I think in retrospect, as I the future generation. former leader, John Rhodes, and what look over it all, it has been a good Then I want to particularly thank is it, Speaker pro tem or what up thing for the country that C–SPAN my good friends, Abner Mikva, who there? gives it, you know, gavel-to-gavel helped me this past semester when I Mr. FREY (presiding). Your short- coverge, to really educate the Amer- taught full time at the University of stop. ican people on what this institution Louisville’s Law School. Abner came Mr. MICHEL. My distinguished col- and the other body then who followed down to visit me. It was not an easy leagues, I am overwhelmed to again re- suit, what it is really like. trip for him to make, a trip to Louis- ceive such a nice honor from my col- Maybe just one word of caution to ville. It was wonderful for my school’s leagues. I do not know what the cri- our sitting Members, because when you students. And I would tell my friends teria are for the former Members are on the outside and you are observ- from Illinois, he really was a trifecta, choosing one for this kind of award, ing the proceedings of this House, yes, because he served here, he served in the but as I look around this room, I would sometimes when I was still the leader, Federal judiciary, and served in the ad- say there are many more who would be they were very much in evidence, we ministration, so he really kind of went justified in receiving it than this Mem- have always got to be mindful of the to the triple play. But he was able to ber. After all, I have only been out fact that what is said, how it is said, address all those issues and, so once there in the afterworld of Congress, the deportment of the Member, is the again, I want to thank Abner. But I you know, for less than 2 years. I have projection to the American public of also want to indicate that that is a way not had a chance yet to make my mark what it is all about. We have the clash we leave something behind us. in that world, like so many of you out of ideas and the vigorous arguments I thank the gentlewoman. there. But I will tell you, I would not that take place on the floor of this Mrs. BOGGS. Thank you very much, change it for anything. I am happy to House, and that is what it is all about. and thank you so much for your par- be out there where you all are and be a But there is a point at which you draw ticipation. Member of the Former Members Soci- the line, and that is not to besmirch Well, Mr. Speaker, this concludes the ety. the character of a fellow colleague, en- 26th Annual Report to the Congress by And, Lindy, may I congratulate you gage in personal attacks that might di- the U.S. Association of the Former and the organization for all those myr- minish what you have said, because the Members of Congress. We are honored, iad of things that the former Members general public gets its feeling about Mr. Speaker, by your warm welcome are doing and participating as they are this institution much at a higher level and your generous comments. We also to help publicize what this institution when it is really considered to be the want to thank all of the Members of is all about and what representative highest point at which these public is- the House here today for their very government is all about. I am very sues are debated and yes, with men and personal greetings. I know that for ev- happy that all my papers are going to women of good civil attitude and re- eryone in our group, being a Member of the Everett Dirksen, have gone to the spect, not only for the institution, but Congress was the most exciting, the Everett Dirksen Center for Leadership for their fellow colleagues. most exhilarating, the most challeng- in Pekin, IL. So I guess that would be the message ing period of our lives. So this is a rare One of the things we are attempting I would leave with whoever might be in and thoroughly enjoyable opportunity to do is each year to honor one person the listening audience here about how to greet old friends, feel for a moment or several persons, whomever from the great this institution is and how it the majesty of this Chamber and share press who will write something positive ought to be preserved. And those of us with you the activities of its former about the Congress. And then, too, one who have had the privilege of serving Members. Finally, we want you to of our emerging programs, because our in it, I think we all feel just a little bit know this association will continue its endowment now is building up that we better when we come together on a oc- efforts to promote greater public un- can afford to do it, is selecting high casion like this, share some of our ex- derstanding of and appreciation for school teachers for one week of con- periences and views, and renew our- this very uniquely American legisla- centrated study on what the Congress selves in the commitment to make ab- tive body, this greatest deliberative is all about, so they can go back in solutely sure the rest of this country body in the modern world, the U.S. civics classes and teach their high understands perfectly what representa- Congress. Thank you so much, Mr. school students what this institution is tive government is all about. It is the Speaker. all about. best on earth. We all ought to love it Mr. FREY (presiding). Thank you, So I guess none of you needs any long dearly for the rest of our lives. Thank Madam President, for the great job and speeches on this particular occasion, you so much. those remarks. In concluding, I just but I just have to make mention of the Mr. MAZZOLI. Madam President, want to say I think all of us here are fact that I have always been so proud would the gentlewoman yield for just a lucky, lucky to have been born in this to have been a Member of this House brief moment? country, lucky to have been a Member and to serve in it, the honor that was Mrs. BOGGS. I am happy to yield to of this great body. And you know, what accorded to me to be elected, reelected the gentleman from Kentucky. we probably have is a chance to do a so many times. And then the wonderful Mr. MAZZOLI. I realize we have to lot more for this country now than things that have happened to me, par- clear the Chamber, but I would just ad- maybe sometimes we had before, be- ticularly since announcing my retire- dress two or three things. One is to add cause it is needed out there. In some ment. my salute to Bob Michel on a life well ways, we maybe have more credibility I would hope that each and every one lived and a career well handled, and to than when we were here. And I think of you who still have that vim and salute the gentlewoman for her leader- what Bob Michel said is that we really vigor and have the respect for this in- ship, but to also mention two things: have an obligation, and I am glad we H5060 CONGRESSIONAL RECORD — HOUSE May 15, 1996 are fulfilling it and I am sure that we bers to take some time to review these nature of a substitute made in order as origi- will continue to fulfill it. classified documents to help them bet- nal text. The previous question shall be con- The House will continue in recess for ter understand the actions the Intel- sidered as ordered on the bill and amend- 15 minutes. ligence Committee has recommended ments thereto to final passage without inter- vening motion except one motion to recom- Accordingly (at 9 o’clock and 55 min- before the intelligence authorization is mit with or without instructions. utes a.m.), the House continued in re- considered on the House floor next cess for 15 minutes. week. The SPEAKER pro tempore (Mr. KOLBE). The gentleman from Georgia f f [Mr. LINDER] is recognized for 1 hour. b 1010 b 1015 Mr. LINDER. Mr. Speaker, for the purposes of relevant debate only, I AFTER RECESS PROVIDING FOR CONSIDERATION OF H.R. 1745, UTAH PUBLIC yield the customary 30 minutes to the The recess having expired, the House LANDS MANAGEMENT ACT OF gentleman from Massachusetts [Mr. was called to order by the Speaker pro 1995 MOAKLEY], pending which I yield my- tempore (Mr. KOLBE) at 10 o’clock and self such time as I may consume. 10 minutes a.m. Mr. LINDER. Mr. Speaker, by direc- During consideration of the resolu- f tion of the Committee on Rules, I call tion, all time yielded is for relevant de- up House Resolution 303 and ask for its bate purposes only. NOTICE OF AVAILABILITY OF immediate consideration. (Mr. LINDER asked and was given CLASSIFIED MATERIALS ACCOM- The Clerk read the resolution, as fol- permission to revise and extend his re- PANYING H.R. 3259, FISCAL YEAR lows: marks and insert extraneous material.) 1997 INTELLIGENCE AUTHORIZA- H. RES. 303 Mr. LINDER. Mr. Speaker, House TION BILL Resolved, That at any time after the adop- Resolution 303 is a completely open (Mr. COMBEST asked and was given tion of this resolution the Speaker may, pur- rule providing for the consideration of permission to address the House for 1 suant to clause 1(b) of rule XXIII, declare the H.R. 1745, the Utah Public Lands Man- minute.) House resolved into the Committee of the agement Act of 1995. Whole House on the State of the Union for Mr. COMBEST. Mr. Speaker, I wish consideration of the bill (H.R. 1745) to des- The rule provides for 1 hour of debate to announce to all Members of the ignate certain public lands in the State of equally divided and controlled by the House that the classified schedule of Utah as wilderness, and for other purposes. chairman and ranking minority mem- authorizations and the classified annex The first reading of the bill shall be dis- ber of the Resources Committee. The to the committee report accompanying pensed with. Points of order against consid- committee amendment in the nature of the Intelligence authorization bill for eration of the bill for failure to comply with a substitute is made in order as base fiscal year 1997, H.R. 3259, are available clause 2(I)(6) of rule XI or section 302(f) or text for purposes of amendment under for review by Members at the offices of 311(a) of the Congressional Budget Act of 1974 the 5-minute rule. are waived. General debate shall be confined the Permanent Select Committee on to the bill and shall not exceed one hour The rule makes in order a manager’s Intelligence in Room H–405 of the Cap- equally divided and controlled by the chair- amendment by Chairman YOUNG print- itol. Staff will be available through man and ranking minority member of the ed in the report on this rule, debatable Friday and again beginning Monday for Committee on Resources. After general de- for 10 minutes. If adopted, the man- any Members who wish to review this bate the bill shall be considered for amend- ager’s amendment becomes part of the material. I am informed by the leader- ment under the five-minute rule. It shall be base text for amendment purposes. ship that H.R. 3259 may be considered in order to consider as an original bill for the As I mentioned earlier, this is a com- on the floor early next week. purpose of amendment under the five-minute pletely open rule permitting any Mem- rule the amendment in the nature of a sub- It is important that Members keep in stitute recommended by the Committee on ber to offer any germane amendment. mind that clause 13 of rule XVIII of the Resources now printed in the bill. The com- Members who have preprinted their House, adopted at the beginning of the mittee amendment in the nature of a sub- amendments in the RECORD may be 104th Congress, requires that before stitute shall be considered as read. Points of given priority in recognition. Finally, Members of the House may have access order against the committee amendment in the rule provides for one motion to re- to classified information, they must the nature of a substitute for failure to com- commit, with or without instruction. sign the oath set out in that clause. ply with clause 7 of rule XVI or section 302(f) Mr. Speaker, we have called up this The classified schedule of authoriza- or 311(a) of the Congressional Budget Act of rule today, even though it was not 1974 are waived. Before consideration of any tions and the classified annex to the other amendment, it shall be in order to con- scheduled for consideration this week, committee report contain the Intel- sider the amendment printed in the report of because the minority gave notice yes- ligence Committee’s recommendations the Committee on Rules accompanying this terday that it would otherwise call up on the intelligence budget for fiscal resolution. That amendment may be offered this rule pursuant to clause 4(c) of rule year 1997 and related classified infor- only by the chairman of the Committee on 11 which permits any Rules Committee mation which may not be disclosed Resources or his designee, shall be consid- member to call up a rule after it has publicly. After consultation with the ered as read, shall be debatable for ten min- been pending on the calendar for more General Counsel to the Clerk of the utes equally divided and controlled by the than 7 days. proponent and an opponent, shall not be sub- House, I would advise Members wishing ject to amendment, and shall not be subject I don’t think anyone seriously be- to have access to the classified sched- to a demand for division of the question in lieves the minority is simply inter- ule of authorizations and the classified the House or in the Committee of the Whole. ested in considering the Utah wilder- annex that they must bring with them If that amendment is adopted, the bill, as ness bill. This is just one more attempt to the committee office a copy of the amended, shall be considered as the original to circumvent, indeed violate two rule XLIII oath signed by them or be bill for the purpose of further amendment. House rules for ulterior motives—and prepared to sign a copy of that oath During further consideration of the bill for that is to defeat the previous question when they come to see these classified amendment, the Chairman of the Committee to offer a completely unrelated and of the Whole may accord priority in recogni- materials. tion on the basis of whether the Member of- nongermane amendment to this rule I would also recommend that Mem- fering an amendment has caused it to be that would be ruled out of order on a bers wishing to read the classified printed in the portion of the Congressional point of order. schedule of authorizations and the Record designated for that purpose in clause Despite repeated warnings, the mi- classified annex to the committee re- 6 of rule XXIII. Amendments so printed shall nority has persisted in violating House port first call the committee office to be considered as read. At the conclusion of Rule 14 which requires Members to con- indicate when you plan to review the consideration of the bill for amendment the fine themselves to the question under classified annex to the report. This will Committee shall rise and report the bill to consideration. And they have at- the House with such amendments as may help assure that a member of the com- have been adopted. Any Member may de- tempted to defeat the previous ques- mittee staff is available to help Mem- mand a separate vote in the House on any tion on other rules to offer an amend- bers, if they wish, with their review of amendment adopted in the Committee of the ment that would be in violation of these classified materials. I urge Mem- Whole to the bill or to the amendment in the clause 7 of rule 16, the germaneness May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5061 rule—an amendment that would re- As I suggested earlier, a simple check with bate I will oppose the previous question quire the Rules Committee to report a the Parliamentarian, just as you check with in order to offer an amendment which rule on a bill completely unrelated to CBO, would go a long way towards ensuring provides for an immediate vote on the the subject matter of the rule. compliance with these two important House minimum wage increase. Rules on relevancy in debate and germane- Rules Committee Chairman SOLO- ness of amendments. I am sure you will Mr. Speaker, if any of my colleagues MON, in a letter to Ranking Minority agree with me that we do not set a good ex- do not think we should give a raise to Member MOAKLEY, back on May 7, ample for the House so long as we coun- the minimum wage earner, if any of my urged Mr. MOAKLEY to join with him in tenance such abuses of the fundamental colleagues think those on minimum helping to enforce House rules during rules of debate and amendment by wage should not have it increased, they consideration of special rules rather mischaracterizing the previous question should vote yes on the previous ques- than violate House rules—specifically, process and vote as something it is not. tion. But everybody else, those who clause 1 of rule 14 requiring that debate I look forward to working closely with you think that an increase in the minimum in the future to ensure full compliance with be relevant to the pending question, House rules during House consideration of wage is long overdue, as I do, should and clause 7 of rule 16 requiring that our order of business resolutions. vote with me and oppose the previous amendments be germane to the rules to Sincerely, question. which they are offered. GERALD B. SOLOMON, Mr. Speaker, let us make sure that Those pleas for cooperation and ad- Chairman. hardworking Americans with full-time herence to the rules have obviously Mr. Speaker, I reserve the balance of jobs can finally support their families gone unheeded and ignored. my time. on their income. Mr. Speaker, while we are willing to Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of continue the custom of granting half of myself such time as I may consume. my time. our hour on debate on such rules to the Mr. Speaker, I thank my colleague PARLIAMENTARY INQUIRY minority, we would again caution and from Georgia for yielding me the cus- Mr. LINDER. Mr. Speaker, I have a advise the minority to observe House tomary 30 minutes. I appreciate the parliamentary inquiry. rules on relevancy in debate and the gentleman’s wanting us to abide by the The SPEAKER pro tempore. The gen- germaneness rule on amendments to rules of the House. I agree. We take, for tleman will state it. rules. example, how they try to ram a con- Mr. LINDER. Mr. Speaker, under the I urge the adoption of the previous stitutional amendment through this House rule XIV, which requires that a question and the rule. House here without even having a hear- Member must ‘‘confine himself to the Mr. Speaker, I include the following ing in the Committee on the Judiciary. question under debate,’’ is it relevant letter for the RECORD: So we will operate under the same set to the debate on either this rule or the COMMITTEE ON RULES, of rules. bill it makes in order to engage in a HOUSE OF REPRESENTATIVES, Mr. Speaker, once again the House discussion on the merits of the mini- Washington, DC, May 7, 1996. Democrats are going to try it again. mum wage? Hon. JOHN JOSEPH MOAKLEY, Today we are going to try for the fifth The SPEAKER pro tempore. The Ranking Minority Member, Committee on Rules, time this year, the fifth time this year, The Capitol, Washington, DC. Chair acknowledges the gentleman’s DEAR JOE: The Congressional Budget Office to give 12 million hardworking Ameri- parliamentary inquiry, and would ad- has been kind enough to provide me with cans a long overdue pay raise. We are vise Members that under clause 1 of copies of its responses to your inquiries on hoping that our Republican colleagues rule XIV, they should confine them- the last two efforts to defeat the previous will stop voting no and start voting selves to the question under debate in question on rules to offer amendments di- yes. We are hoping they will join us the House. As explained on page 529 of recting the Rules Committee to report back and join 85 percent of the American minimum wage legislation. the House Rules and Manual, debate on As CBO points out in both instances (on H. people who believe that the minimum a special order providing for the con- Res. 412 waiving the two-thirds vote require- wage increase is a very, very good idea. sideration of a bill may range to the ment on same-day consideration of rules, Some of my colleagues may wonder merits of the bill to be made in order, and H. Res. 418, the U.S. Marshals Service how it is that we are considering to- but should not range to the merits of a Improvement Act), the proposed amend- day’s rule. Well, this rule concerning measure not to be considered under ments to the rules would not constitute an some public lands in Utah was reported that special order. unfunded mandate (being procedural in na- out of the Committee on Rules last De- Mr. LINDER. Mr. Speaker, further ture only), but the subsequent legislation cember. The House rules allow any parliamentary inquiry. Could the Chair they would direct be reported, ‘‘would im- member of the Committee on Rules as pose both an intergovernmental and private enlighten us as to the subject matter of sector mandate as defined in Public Law 104– a matter of privilege to call up a rule the subject under debate? 4.’’ (Letters from CBO Director O’Neill to which has been waiting on the House The SPEAKER pro tempore. The sub- Rep. Moakley, April 25 and May 1, 1996). Calendar for over a week. So I used my ject for debate in this rule is the reso- I appreciate your diligence in monitoring privilege, in order to try again to con- lution providing for consideration of these potential rule violations so carefully. vince my Republican colleagues to the Utah Wilderness bill, and the de- By the same token, however, I would re- allow us to raise the minimum wage bate should be confined to that topic. spectfully ask you in the future to check for 12 million Americans. with the Parliamentarian in advance on both Mr. LINDER. Mr. Speaker, for the the germaneness of such amendments to the Mr. Speaker, we are not talking purpose of debate only, I yield 2 min- pending rules and the relevancy of extended about a lot of money. We are talking utes to the gentleman from Utah [Mr. debate on this unrelated matter. Our own about a very small raise for our people. HANSEN]. discussions with the Parliamentarian con- Our people, who work very hard, our (Mr. HANSEN asked and was given firm that: (a) a discussion of the minimum people, who still only make $8,400 a permission to revise and extend his re- wage was not relevant to either of the above year. We are talking about giving a marks.) cited rules and thus in violation of clause 1 long overdue raise to 12 million Ameri- Mr. HANSEN. Mr. Speaker, I appre- of rule XIV (decorum in debate); and (2) the cans, who work very long hours and ciate the gentleman yielding me time. proposed amendments to the rules were not germane to the rules and thus in violation of still live below the poverty level. Mr. Speaker, I rise in favor of this clause 7 of rule XVI (germaneness). Mr. Speaker, my Democratic col- rule, but I want to explain to the peo- Given your earlier, extensive correspond- leagues and I believe very strongly ple of Utah and the rest of America ence with me on the subjects of the mini- that American workers deserve a raise, that this procedural move is not about mum wage, unfunded mandates, and the need and you probably noticed we are going H.R. 1745, my Utah Wilderness bill, but for a strict adherence to House Rules, I to still fight until we finally get one. It is about procedural maneuvering to ad- would ask that you in turn see to it that dur- has been 5 years since the last increase dress unrelated issues. ing House debate on special rules you and in the minimum wage. Its value has Mr. Speaker, I was before the Com- the speakers you yield to observe both of these important House rules by avoiding the now dropped to a 40-year low. Working mittee on Rules last December, where- use of irrelevant debate on nongermane people deserve this long overdue raise, in I requested an open rule to fully de- amendments that would be rule out of order and I think we really owe it to them. bate the issues of H.R. 1745, the Utah even if you defeated the previous question. So, Mr. Speaker, at the end of this de- Wilderness Act. I support this rule and H5062 CONGRESSIONAL RECORD — HOUSE May 15, 1996 urge its adoption. When Utah Wilder- thing that has been denied this body cause that is not an extreme bill. It is ness does come before this body, I will four separate times, and that is a vote a moderate reasonable bill, and I some- be proposing several changes to H.R. on the minimum wage. As the gen- what, having worked on it for 20 years, 1745 that moderate this legislation sig- tleman from Massachusetts has elo- kind of resent that being said. I apolo- nificantly. I and the Utah delegation quently stated today, these are the gize to the gentleman. have worked hard to add significant folks in this country today who are Mr. BONIOR. Mr. Speaker, I recog- acreage, propose release language that working for $4.25 an hour. They are the nize my colleague’s concern and I rec- is very moderate, and other changes people who take care of our mothers ognize the hard work he has put on this that would make this bill acceptable to and our fathers in nursing homes. They bill. It is not my characterization, it is everyone. An open rule on this issue clean our airports. They clean our of- the characterization of some in his own will allow for an open and complete fices. They are breaking their backs party who have labeled it as such. discussion of the issue. every single day for their kids. And all Mr. HANSEN. I would like to know Mr. Speaker, I understand the politi- they want in this Congress is for us to who they are. They have not talked to cal maneuvering of my colleagues on stand up and say yes or no, should we me about it. the other side to use the Utah Wilder- raise the minimum wage for the first Mr. BONIOR. They obviously talked ness bill as a tool to get at issues like time in 5 years, which has now reached to the gentleman’s leaders because it the minimum wage, but Utah Wilder- a 40-year low, or shall we sort of just was pulled from consideration on this ness is critical to my constituents and ignore these folks? floor. Mr. MOAKLEY. Mr. Speaker, I yield the people of Utah. This is an impor- What we are saying on our side of the myself 15 seconds. tant debate, and I am hopeful that aisle is that we agree with the 100 Utah Wilderness does not become a Is it my understanding the gen- economists in this country, the three tleman from Utah does not want to dis- pawn, as it looks like someone is try- Nobel laureates, that this is an impor- ing to do, in the larger battle that it is cuss the Utah Wilderness bill here, tant issue for the country. after asking us to stick to the subject? unrelated to. Mr. Speaker, what happens to people Mr. Speaker, I urge my colleagues to Mr. BONIOR. Mr. Speaker, will the who work for the minimum wage? gentleman yield? support this rule, and I look forward to What happens is that you cannot sup- future debate on the Utah Wilderness Mr. MOAKLEY. I yield to the gen- port a family on $8,500 a year. Two- tleman from Michigan. bill. thirds of these people are adults, and Mr. MOAKLEY. Mr. Speaker, I yield Mr. BONIOR. I would be happy if my about 60 percent of them are women 5 minutes to gentleman from Michigan friend would join us on the minimum with children. So they end up working [Mr. BONIOR], the minority whip. wage issue. If he would like to talk Mr. BONIOR. Mr. Speaker, I thank one job, plus overtime, with two jobs or about that, I would be delighted to con- my friend for yielding me the time. three jobs. And, as a result of that, tinue to talk on the minimum wage. Mr. Speaker, several months ago the these individuals are not there in the Mr. LINDER. Mr. Speaker, for pur- Republican leadership had scheduled evening. The mothers are not there to poses of debate only, I yield such time for a debate on this House floor a bill teach their kids right from wrong, they as he may consume to the gentleman concerning public lands for the State of are not there for bedtime stories. Fa- from Glens Falls, NY [Mr. SOLOMON], Utah, I think it was back in December thers are not there, because they are the chairman of the committee. or thereabouts. What happened, for working two jobs. They are not there Mr. SOLOMON. I thank the gen- those of you who are interested, is that for Little League or soccer. They are tleman for yielding me the time, and, the moderates on this side of the aisle not there for PTA or dinner conversa- Mr. Speaker, sometimes it gets pretty who are concerned about the environ- tions, and the whole fabric of civil soci- disheartening around here because ev- ment, who have joined with us over 25 ety starts to unravel. erything seems to turn into a partisan years to preserve the environment, b 1030 fight. clean water, clean air, good public I am just hearing my good friend And the Members come to the floor lands, looked at this bill and had some from Massachusetts, Mr. MOAKLEY, and and they argue with us about juvenile serious objections. They were con- my good friend from Michigan, Mr. cerned about the extreme agenda in delinquency, about crime, and all these BONIOR, friends from the other side of which our colleagues on this side of the other social pathologies and maladies the aisle, say that this bill is being aisle were taking the issue of the envi- affecting the American public. held up for some reason because there ronment, cutting enforcement funds A good decent livable wage is impor- is a lot of disagreement. for EPA, cutting sewer grant money, tant as a foundation for providing fam- I have asked the chairmen of all of not dealing with the question of ilies the wherewithal to take care of the standing committees to give us leg- Superfund. They are very much con- the educational needs, the discipline islation, send it to the Committee on cerned about all of that. needs and the attention needs that Rules, so that we can issue rules and So what happened was they decided, their kids deserve. have it out there so that when we do the leadership on the Republican side, Mr. HANSEN. Mr. Speaker, will the have lapses and windows here on the not to bring it up. They just kind of let gentleman yield? floor, that we can bring up issues like this rule, which was reported out of the Mr. BONIOR. I yield to the gen- this. This is one of them. I wish we had Committee on Rules, hang on the desk tleman from Utah. 8 or 9 or 10 of these standing and wait- up here. Mr. HANSEN. Mr. Speaker, I would ing so that we could. What they failed to do was to table ask the gentleman if he has read H.R. There are times when we finish the the rule. That is what you generally do 1745, the Utah Wilderness bill, which he debate, like this afternoon, we are when you do not let something hang just typified as an extreme going to finish a very important bill, around. So they failed to table that antienvironmental bill? the defense authorization bill, which rule, and, under the rules of the House, Mr. BONIOR. Mr. Speaker, if I did normally takes days and days and after a 7-day period, the minority can that, I did not mean to do so, because days, and we are probably going to fin- call up this rule for purposes of amend- I did not want to characterize the bill ish it at 1 or 2 o’clock this afternoon ing the rule. And that is what we are from my perspective. I just wanted to and we would like to have standby leg- about this morning. We are calling up characterize it in terms of what some islation like this. The only thing is, this rule, and we have called up this of the Members on the Republican side now, if we are going to have the minor- rule. The majority, taking advantage of the aisle were concerned about when ity, the minute that these rules have of their prerogative to move it, has the bill was pulled. been waiting for 7 days, jump up and done so, and now we are engaged in a Mr. HANSEN. Mr. Speaker, if the call up a rule so that they can make debate on whether this is a proper rule gentleman will continue to yield, I do some partisan stand, how can we do to address questions of concern to the not think that is a correct interpreta- that? It interrupts the flow of this Nation. tion. It is not an extreme bill and I House. We believe it is our prerogative at really think the gentleman should Let me just tell my colleagues some- this time to get a clean vote on some- stick to what he is talking about, be- thing. During the month of June, I May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5063 think there are only 15 legislative cause the gentleman wanted to rush Stop the stonewalling, give us a vote days. We are in an election year. We the matters before the Committee on on raising the minimum wage. are supposed to be off so that we can go Rules up there and said, look, when we Mr. LINDER. Mr. Speaker, I yield home and do some campaigning for get to the floor we can do all the debat- myself such time as I may consume. about 4 weeks starting with the first ing the minority wants to do. Well, Mr. Let me just say, leave it to the Demo- week of August and into Labor Day. Speaker, the gentleman cannot have it crats to suggest that elected officials We will hardly have time to deal with both ways. He cannot stifle us in the can give people raises. If they want to all of this legislation that has got to committee and then stifle us on the give these people a raise, hire them and come before us, never mind the bank- floor. put them on their payroll, and then ing and campaign finance reform and So I think this is our only oppor- they can pay them anything they all of these issues coming out to the tunity to vent our feelings on how we would like. authorizing committees. We have the feel about some of these matters and Of course 80 percent of America budget to deal with, then we have to by using the proper rules. agrees other people should have raises, follow that with all of the appropria- Mr. Speaker, I yield 2 minutes to the in the abstract. Ask the 250,000 people tion bills and the reconciliation legis- gentlewoman from Connecticut [Ms. that the President’s leading economic lation, all of which is going to be so DELAURO]. adviser says will lose their jobs over time consuming, and yet here we are Ms. DELAURO. Mr. Speaker, I rise this how much they like it. Raising the fooling around here wasting time. this morning to urge my colleagues to minimum wage is income redistribu- The gentleman knows that on Tues- defeat the previous question so that we tion among poor people. For every four day, and I will tell him right now, the can go back to the Committee on Rules people who get a dollar raise, one per- Committee on Rules will be having a and have a vote on raising the mini- son loses his job. meeting and we are going to put out mum wage. I wanted to tell my colleagues some legislation that is going to give an up- Republican House leader DICK ARMEY of the bad effects of the minimum or-down vote on the minimum wage. is quoted in today’s New York Times wage. Studies by Professor Masanori I, for one, happen to think that there saying people are, and I quote, ‘‘in a Hashimoto of Ohio State and Llad is a need for an increase in the mini- panic about raising the minimum Phillips of the University of California mum wage, but let me tell my friends wage.’’ The Republican leader has said at Santa Barbara both show increases what happened the last three weekends in the past that he will fight an in- in the minimum wage increase teenage I went home. I was in the Adirondack crease in the minimum wage with crime. A study of professor William Mountains in the northern end of my every fiber of his being. No wonder peo- Beranek of the University of Georgia district, I was in the Catskill Moun- ple are in a panic about the minimum found the minimum wage increases em- tains in the southern end, and all in be- wage. ployment of illegal aliens. tween is the Hudson Valley, made up of Yet the Republican leadership is not Research also shows the minimum apple farmers and dairy farmers. All of in a panic about dealing with tax wage increases welfare dependency. For them asked me, ‘‘JERRY, how can you breaks for investors with enough example, a study by Peter Brandon of increase the minimum wage when we money to own racehorses. Yesterday the University of Wisconsin found the have such heavy regulatory burdens on the Committee on Ways and Means average time on welfare among States us now?’’ took up the issue of a special tax break that raised the minimum wage was 44 If we are going to increase the mini- for wealthy racehorse owners, but mum wage, why can we not give small percent higher than States that did Speaker GINGRICH says any vote on businessmen in this country a little re- not. raising the minimum wage is still Economist Carlos Bonilla of the Em- lief to remove some of the cost off weeks away, at best. ployment Policies Institute found a their backs so that they can afford to This is why the hard-working fami- dramatic example in California after give the minimum wage? In the resort lies of this country do not believe that industries in the Adirondacks they told the minimum wage rose from $3.35 to Congress is on their side, because even me that if they hire four college stu- $4.25. After accounting for the phaseout though the minimum wage is at a 40- dents, and in my district most of the of AFDC, Medicaid and food stamps. college students have to work their year low, even though many minimum and for Federal, State and local taxes, butts off in order to get money to go to wage earners are the sole breadwinners a single parent earning a minimum college because in my district they are for their families, Republicans are still wage after it was increased was $1,800 not rich people. We do not have the stalling on bringing up a minimum worse off per year than before. money and kids have to pay part of wage issue for a vote. Finally, the latest research has their own tuition, so they have to work My Republican colleagues are fond of shown increases in the minimum wage in the summertime. Well, if every sin- talking about family values, personal encourage high school students to drop gle restaurant and motel in the Cats- responsibility. Well, the families work- out, enticed by the lure of higher pay, kills and the Adirondacks are going to ing for the minimum wage are working reducing their lifetime earnings and have to lay off one out of four people in hard and taking the responsibility to displacing lower skilled workers at the order to have the money, what are we stay off welfare. Somehow this Con- same time. going to do? How will these kids make gress can find the time to help wealthy The 22-percent increase in the mini- a living? investors who can play at the track but mum wage in 1976 added just $200 mil- So that is what the argument has not the time to help the hard-working lion to the aggregate income of those been all about. On Tuesday we will put men and women struggling to pay their in the lowest 10 percent of income dis- out a rule which is going to bring this bills and to keep their head above tribution. Only 22,000 men, according issue to the floor and have a legitimate water. to the Bureau of Labor Statistics, and debate. In the meantime, we are tied Some of my Republican colleagues 191,000 women nationwide maintained up here with this challenging of the have had the courage to break ranks, families on a minimum wage job in previous question, which cannot go cosponsor a bill to raise the minimum 1993. That will decline by 250,000 people anyplace. And I wish the gentleman wage. They cannot be missing in action in total after we raise it. would withdraw it and let us get back today on this vote. The gentleman Thirty-seven percent of minimum to regular business and let us deal with from New York [Mr. SOLOMON], the wage workers in 1995 were teenagers. the issues that are so terribly impor- gentleman from Pennsylvania [Mr. Fifty-nine percent were 24 years old or tant to the American people, and I ENGLISH], the gentleman from New younger. Seventeen percent of mini- thank the gentleman for the time. York [Mr. LAZIO], and the gentleman mum wage workers are spouses and are Mr. MOAKLEY. Mr. Speaker, I yield from California [Mr. HORN]. We need likely to be secondary earners. Sixty- myself such time as I may consume these gentlemen. The working men and six percent of minimum wage workers just to answer my friend and dear col- women of this country need them work only part-time, including stu- league from New York. today. dents, the elderly with pension or So- We, on the minority side up in the The Republican leadership of this cial Security income, and people sim- Committee on Rules, have sat back be- Congress has its priorities all wrong. ply looking for a little extra cash. H5064 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Employers also respond to this, be- Mr. LINDER. Mr. Speaker, I yield Mr. LINDER. Mr. Speaker, I would cause they are touched, really, by lay- myself such time as I may consume. say that the gentleman from Michi- ing off people and cutting back on Mr. Speaker, it might be pointed out gan’s words have the quality of Alice in hours. This is one reason why it is dif- that I did not make any of these Wonderland, seeming to say when I use ficult to find a bank teller or someone claims. All these claims were made by a word it means exactly what I want it to wait on you at the local department college professors doing studies, in- to do. store. Between 1963 and 1995, average cluding Ohio State, University of Cali- Mr. Speaker, I reserve the balance of weekly hours worked in retail trade, fornia, University of Georgia, Univer- my time. the industry most affected by the mini- sity of Wisconsin. All of these are le- Mr. MOAKLEY. Mr. Speaker, may I mum wage, fell from 37.3 hours per gitimate studies that are in the lit- inquire as to the time remaining for week to 28.9, while hours worked in erature. both sides? higher-paid industries basically unaf- For someone to stand there and say The SPEAKER pro tempore (Mr. fected by the minimum wage, such as that there is no evidence that increas- KOLBE). The gentleman from Georgia mining and construction, increased. ing the minimum wage increases un- [Mr. LINDER] has 15 minutes remaining, Mr. Speaker, this is politics and it is employment is someone who has not and the gentleman from Massachusetts mean politics, using as pawns the very looked at the record. [Mr. MOAKLEY] has 16 minutes remain- people they are purporting to help to In the 2-year period between 1973 and ing. make a political point to the rest of 1975, we increased the minimum wage Mr. MOAKLEY. Mr. Speaker, I yield the world on a bill the subject of which 31 percent. Unemployment at the end 2 minutes to the gentlewoman from is not even germane to. Mr. Speaker, was 73 percent worse off than before, Texas [Ms. JACKSON-LEE]. let us move forward with germane dis- from 4.9 percent to 8.5 percent. The pe- Ms. JACKSON-LEE of Texas. Mr. cussion of this rule and the bill this riod 1974 to 1976, when the minimum Speaker, I rise to defeat the previous rule applies to, and have a vote on the wage was increased 15 percent, unem- question so that we can go back to the previous question as quickly as pos- ployment went from 5.6 to 7.7 percent, Committee on Rules and bring up a sible. 37 percent worse off. In the period be- rule dealing with increasing the mini- Mr. Speaker, I reserve the balance of tween 1978 and 1980, we increased the mum wage. I might say to my col- my time. minimum wage 17 percent, unemploy- leagues on the other side of the aisle, Mr. MOAKLEY. Mr. Speaker, I yield ment went from 6.1 to 7.1, 26 worse off. offer to say that the American people 2 minutes to the gentleman from Between 1979 and 1981, we increased might not be interested in this debate Michigan [Mr. BONIOR], the minority the minimum wage 16 percent, unem- as it relates to germaneness. They leader, who could not let some state- ployment went from 5.8 percent to 7.6 might not be interested in whether or ments go by without replying. percent, 31 percent worse off. 1989 to not we need to have additional time to Mr. BONIOR. I thank the gentleman 1991, we increased the minimum wage go back to our districts and campaign. for yielding me the time. by 27 percent, unemployment rate went I think they are interested in making a Mr. Speaker, I have just listened to from 5.3 to 6.7 percent, 26 percent worse decent living. some of the most outrageous argu- off. And in four of those five occasions, Fifty-nine percent, if we are throw- ments I have ever heard with respect to four of those five occasions GDP ing out numbers, of those who are the minimum wage. The gentleman growth was declining after the raise. earning a minimum wage are women, from Georgia, who just talked, blamed To say that increasing the minimum working women with children. We also illegal aliens coming into this country wage has no impact on the economy is find that over 80 percent of the Amer- on the minimum wage; an increase in to say, then why be so cheesy, give ican people of all economic levels sug- crime because of the increase in the them $20. Then every family will have gest that we should raise the American minimum wage. He talked about stu- about $40,000 a year. That it is not minimum wage. And in fact in 1969, the dents dropping out of school because of going to hurt anybody. Do not be so minimum wage at that time was com- the increase in the minimum wage, and cheesy with $4.25. If it is not going to parable to $6.25. We now have a mini- he talked about job layoffs all over the impact the economy, give them all a mum wage in 1996 of $4.25. country because of the minimum wage. big raise. I would simply suggest to my Repub- Now, I have never heard of a recipe of Mr. Speaker, I reserve the balance of lican colleagues that they, too, have disaster for trying to help working peo- my time. Members who simply want to vote on ple who are trying to help their kids Mr. MOAKLEY. Mr. Speaker, I yield the floor of the House and be given the struggle through life. This last point, 1 minute to the gentleman from Michi- opportunity to increase the minimum with respect to layoffs, I might add gan [Mr. BONIOR]. wage. Vigorous debate, yes, but an op- that he cited a number of studies. Mr. BONIOR. Mr. Speaker, I do not portunity to do so, because there are There were five recent studies done know who was making those allega- people suffering who need an increase from California to New Jersey. tions on the floor. It certainly was not in the minimum wage. Let us defeat The New Jersey study studied the a college professor. The gentleman the previous question, go back to the people who worked in the restaurant from Georgia was making those asser- Committee on Rules and fairly bring industry and found, in fact, Mr. Speak- tions. up a resolution rule that would allow er, that there was not a decrease in the Let me just counteract his claims us to do so. number of jobs, there was an increase with respect to employment; 1967, when I would hope that we would not en- as a result of the increase of the mini- the wage was increased from $1.25 to gage in the bantering of statistics. We mum wage in the State of New Jersey. $1.40, unemployment decreased from 3.8 can all do that. I hope that we will About 10 States have increased their to 3.6 percent; 1974 to 1976, an increase look realistically at what the Amer- minimum wage since we last did it in in the minimum wage from $1.06 to ican people need. Working people need 1991, and as a result of that there has $2.30, despite a recession, retail em- to be affirmed and that will not de- not been any dramatic unemployment ployment increased about 5.2 percent crease the numbers of those working. in this country. generating 655,000 jobs in this country. It will increase the number of those And in 1990 to 1991, from $3.35 to $4.25, b working and give them a decent wage. 1045 despite a severe recession, which I Mr. LINDER. Mr. Speaker, I yield In fact, unemployment numbers are might add was the responsibility of the myself a few seconds to instruct the down in this country. People are work- Republican President in the White gentlewoman from Texas. I hope not to ing. For the gentleman from Georgia to House, despite that period of time sound remedial, but if we defeat the get up here and to suggest to this body when the wage was increased and the previous question, it comes imme- and to this country that raising the severe recession, the numbers of total diately to the floor of the House. minimum wage will increase crime, jobs quickly leveled off in this country. Whereupon, the proposed amendment will increase illegal aliens, will in- There is no empirical data that dur- would be stricken on a point of order crease the drop out of students in this ing times of increases in the minimum because it is not germane. country is just an absolute outrage and wage that unemployment decreases. In Mr. Speaker, I reserve the balance of is wrong. fact, it is just the reverse. my time. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5065 Mr. MOAKLEY. Mr. Speaker, I yield cans because we are not out there vio- Eighty-three percent of Americans 2 minutes to the gentleman from Texas lating the House rules to bring up, favor an increase in the minimum [Mr. DOGGETT]. under Utah bill, the minimum wage. I wage. Yet this morning we have heard, Mr. DOGGETT. Mr. Speaker, I rise to mean it is preposterous. and every time we hear that the major- salute the candor, ultimately, of my Our colleagues on the other side of ity party still argues that an increase colleague in Georgia, because after the aisle know that if we were to defeat is higher unemployment, increasing some parliamentary mumbo jumbo the previous question, we could not the number of welfare recipients. They about what page of the rules book bring this up. We could not bring it up. claim that most minimum wage earn- could be used to thwart the desire of We are working long and hard on a ers are teenagers. The facts point to the American people for a raise, he has compromise that will deal with in- the other direction. It is just not true. finally come forward in his last few creasing the take-home pay of working You need to come to reality and, minutes and he has indicated that Americans, to deal with reducing the thank goodness, we are seeing an in- what all this parliamentary maneuver- tax and regulatory burden which has crease in Members from the Republican ing is about is his objection to raising jeopardized job creation and economic majority voting for a minimum wage the minimum wage. He has told the growth. The Committee on Ways and increase. I hope we see that five more American people, in response to my Means is working on that. today because we will have an increase colleague from Michigan, Mr. BONIOR, This is nothing but a ruse to have our in the minimum wage if we only have that it is not himself but it is the pro- friends on the other side of the aisle five more Republicans join us Demo- fessors that made him do it. come forward and argue that somehow crats today. The American people knew that Pro- we are going to be able to increase the The facts agree with the need for an fessor GINGRICH and Professor ARMEY minimum wage by defeating the pre- increase. I ask my colleagues to vote were ready to fight with every fiber in vious question. It ain’t going to hap- for it. their body to block the legitimate de- pen. It is a violation of House rules, Mr. LINDER. Mr. Speaker, I yield sire of the American people for a raise. and it is crazy to have them doing it. myself 30 seconds to point out that the All this parliamentary mumbo jumbo So we should support the previous way you increase the standard of living stuff can be explained in this chart. question, support this rule and move for low-income people is give them We have considered this issue of the ahead with the way in which we can more take-home pay. The way you give minimum wage a number of times in encourage opportunity for the people them more take-home pay is to reduce this body. There is a strange thing that in this country to gain jobs and to gain the governmental burden and tax bur- has occurred. Those Republicans who the kind of standard of living which we den that they bear. Telling other peo- stood outside in front of the cameras hope very much will happen. ple what they should pay their employ- ees is simply not the way to run the and said they were for the minimum Mr. MOAKLEY. Mr. Speaker, I yield Government. wage got their arms twisted, once they 2 minutes to the gentleman from Mr. Speaker, I reserve the balance of Texas, Mr. GENE GREEN. got in here at the voting box. They re- my time. fused to vote to give the people of (Mr. GENE GREEN of Texas asked Mr. MOAKLEY. Mr. Speaker, I yield America a raise even though they said and was given permission to revise and 2 minutes to the gentleman from Ken- extend his remarks.) they were for it. As they begin to hear tucky [Mr. WARD]. from the people, the number of those Mr. GENE GREEN of Texas. Mr. Mr. WARD. Mr. Speaker, I want to people change. Speaker, I ask my colleagues to oppose point something out to my colleagues The votes against the minimum wage the previous question. Unlike my col- here and anyone who may be paying at- have been going steadily down in this leagues from California, we will have tention to this debate; that is, what we body. The votes for the minimum wage an increase in the minimum wage. And are having to do in order to discuss the have been going steadily up. the closer we get, just like the chart issue of the minimum wage on the floor All that it will take this morning in we saw earlier, like my colleague from the this House. a few minutes when we take up this Texas, we need to keep working at it. What we are having to do is to hold previous question is five Members, five My good friend, the gentleman from the discussion on a completely dif- Republicans who will walk up and vote Massachusetts [Mr. MOAKLEY], from ferent item, H.R. 303, which has noth- in favor of giving the people of Amer- the Committee on Rules stated earlier ing to do, Mr. Speaker, with the mini- ica a raise. if the previous question is defeated an mum wage. But it has everything to do If they will do that, we will achieve amendment to the rule will be offered. with the willingness of the majority to an increase in the minimum wage and Then the Committee on Rules will im- allow us to discuss and vote on the we will do it promptly. There is no rea- mediately report a resolution back to minimum wage. son to wait until tomorrow. There is no the floor with the minimum wage in- What we are calling for today is a no reason to wait until next Tuesday to crease. vote on the previous question. Anybody consider this issue. We will get caught They take care of the germane ques- who hears that wonders, what kind of up in some other issue designed to ulti- tions within the committee. They just mumbo jumbo is that? Well, it is what mately kill it. Let us do it now. need to do it, to provide for the consid- we have to do in order to get the Mem- I know they think it is important to eration of a bill to increase the mini- bers of this body on the RECORD for or raise the wilderness in Utah, but I mum wage from $4.25 an hour to $5.15 against an increase in the minimum think the raise that the American peo- an hour beginning July 4. wage. ple are interested in is in their basic This is a fourth time in the last Let us talk about who would get a living standards. Let us give it to them month we as Democrats and a few Re- raise if we increased the minimum today. publicans have stood here on the floor wage in America. Remember, it is at a Mr. LINDER. Mr. Speaker, I yield and tried to give hard-working Ameri- 40-year low next year, if we do not in- such time as he may consume to the cans a raise. Four times we have tried crease it, 40-year low in purchasing gentleman from California [Mr. to do this. I have been asked, why are power. But who are these people? DREIER], my colleague on the Commit- we doing this four times in the last Well, to hear many talk about it, we tee on Rules. month? I say we are fighting for an in- would have to think that they were (Mr. DREIER asked and was given crease in the minimum wage. teenagers, that they were people who permission to revise and extend his re- I remember a quote from Martin Lu- did not need an increase. But we know marks.) ther, 475 years ago, when he stood on better than that. Sixty percent of the Mr. DREIER. Mr. Speaker, I rise in the steps in Germany and said, Here I people who would receive an increase strong support of this rule and moving stand, I can do no other. God help me, in the minimum wage are women; 14 the previous question. It is interesting Amen. percent of Kentucky workers, that is to listen to this debate. Obviously we That is why we are here. We are here over 200,000 people in my State, would have gotten demagoguery, people who 4 times and we will be here another 4 increase their income because of an in- were trying to claim that we Repub- times and another 40 times until we see crease in the minimum wage. Some- licans are opposed to working Ameri- a clean vote on the minimum wage. thing that I have just learned from H5066 CONGRESSIONAL RECORD — HOUSE May 15, 1996 some statistics that are in the New does not speak well of the majority, Mr. LINDER. Mr. Speaker, I continue York Times and in the USA Today, and this notion that somehow we can to reserve the balance of my time. 20,000 seniors, 20,000 people over the age wait until another day suggests a cer- Mr. MOAKLEY. Mr. Speaker, I yield of 65 in Kentucky would receive an in- tain passivity about the plight of work- 1 minute to the gentleman from New crease in their wages. ing people in this country that does York [Mr. SCHUMER]. Mr. SCHUMER. Mr. Speaker, I thank b 1100 not speak well of the intent of the ma- jority Members on this side of the the gentleman for yielding me this That is almost as many as there are aisle. time. people under 25 who would receive an I would encourage all of us to vote Mr. Speaker, let me say that it is increase. ‘‘no’’ on the previous question so that about time we pass the minimum wage. Does that tell us something? Yes, it we can vote ‘‘yes’’ on raising the mini- There have been all sorts of spurious does. It tells us that we need to support mum wage, and I would encourage my arguments against it. Those arguments an increase in the minimum wage. colleagues on the Republic side of the are launched by narrow ideological fuel Mr. LINDER. Mr. Speaker, I reserve aisle to win or lose, but to stand up and or those who have some business inter- the balance of my time. have the courage of their convictions ests. Mr. MOAKLEY. Mr. Speaker, I yield on the issue of the minimum wage Here we are on the floor unable to 1 minute to the gentleman from Geor- rather than hide behind some proce- bring the bill directly before us and gia [Mr. LEWIS], the deputy Democratic dural gimmick that disrespects and trying to go through every parliamen- whip. dishonors the suggestion that this is tary maneuver to achieve democracy, Mr. LEWIS of Georgia. Mr. Speaker, indeed the people’s House. and we should not have to do this. The this morning the Democrats in the Mr. LINDER. Mr. Speaker, I yield minimum wage is one of the most House will once again attempt to bring myself such time as I may consume to talked about issues in America. Most a minimum wage bill to the floor for a question why the minority, which was people, if the polls are right, are for it. vote. I urge my colleagues, Democrats in the majority in both the House and A vote ought to come to the floor now, and Republicans, to support bringing the Senate and had the White House 2 and let the arguments fall where they may. We ought to do it, we ought to do this bill to the floor. years ago, had no concern whatever for it cleanly, we ought to keep the Amer- Raising the minimum wage is the the minimum wage. ican people working. We do not want to right thing to do. It is more than just Mr. WILLIAMS. Mr. Speaker, will encourage people not to work because an economic issue, it is a moral issue. the gentleman yield? wages are so low, and this is a simple Hard-working people deserve the right Mr. LINDER. I yield to the gen- and easy way to do it. to earn a livable wage. No one, but no tleman from Montana. Mr. WILLIAMS. Because, Mr. Speak- Again, the only people opposed to one, can support a family on $4.25 an this either have an economic self-inter- hour, $170 per week or less than $9,000 a er, we had an agreement with the Re- publican side that while health care re- est or are extreme ideologues. year. Mr. LINDER. Mr. Speaker, I yield I know some of my Republican col- form was on the table and we may be burdening business with that cost, we myself such time as I may consume to leagues say they support raising the point out one more time, at the risk of minimum wage. Well, now is the time would not raise the minimum wage. Mr. LINDER. Mr. Speaker, at least sounding remedial, this will not bring a to walk the walk, not just talk the our colleague has admitted now that vote on this floor on the minimum talk. they are burdening business with the wage. This will bring this rule imme- Vote ‘‘no’’ on the previous question. cost. diately to the floor with the amend- Support an increase in the minimum Mr. MOAKLEY. Mr. Speaker, I yield ment that the minimum wage will be wage. 1 minute to the gentleman from West on it, and it will be struck on a point Mr. LINDER. Mr. Speaker, I reserve Virginia [Mr. WISE]. of order. the balance of my time. Mr. WISE. Mr. Speaker, the year be- Mr. Speaker, I reserve the balance of Mr. MOAKLEY. Mr. Speaker, I yield fore, I might point out, it was Demo- my time. 2 minutes to the gentleman from Penn- crats, without one vote from this side Mr. MOAKLEY. Mr. Speaker, I yield sylvania [Mr. FATTAH]. of the aisle, Mr. Speaker, that success- 1 minute to the gentlewoman from Mr. FATTAH. Mr. Speaker, this de- fully gave a tax cut to people under California [Ms. PELOSI]. Ms. PELOSI. Mr. Speaker, I thank bate about the minimum wage is about $26,000 a year, working people, and that the gentleman from Massachusetts honoring work. But this issue about was in lieu of the minimum wage. No [Mr. MOAKLEY] for yielding this time to procedural gimmickry is about honor- support from that side. ing one’s word. The new majority has But this is interesting that it is on me. Mr. Speaker, I rise in support of an insisted that they would not bottle up the Utah Wilderness bill, this is the increase in the minimum wage, and in bills that had popular support by using only way we can get it up. It is fitting, doing so I want to call attention of our procedural gimmicks. But here we have in a way. Moses wandered in the wil- colleagues to this cartoon, which is a situation where the majority does derness for 40 years. The minimum not represent the majority. That is, ev- neither funny nor fair. As I call my col- wage is at an all-time 40-year buying leagues’ attention to it, Mr. Speaker, I eryone knows and everyone has as- low, and indeed five good Republicans— serted that if there were a vote on the want them to think about it. that is all it takes now—five members ‘‘How long does it take to earn minimum wage, it would pass. So, of the Republican party adding their $8,440,’’ it says. since the majority of the Members of votes to ours, will pass a minimum On one side it says, ‘‘If you are full- the Congress would vote to raise the wage increase. That is all that is need- time minimum-wage worker, it takes 1 minimum wage, the Republican major- ed, Mr. Speaker, for coming out of the year. If you are an average CEO of a ity, not showing much maturity in this wilderness is five more Republicans. large U.S. corporation, it takes one- matter, has decided to use procedural We have been gaining and gaining half a day.’’ gimmicks to stand in the way of allow- and gaining. Our colleagues cannot Think about it. God bless everyone ing the Members of Congress, Demo- hide anymore behind ‘‘We will get a who can make that kind of money at crats and Republicans, to have a clean, vote next week or the week after that the high end. But why, in a great coun- honest vote on raising the minimum or whenever.’’ try as decent as ours, should we not re- wage. This thing has been wandering in the ward work and for us to have a dispar- Now, the people of our country de- wilderness for too long. It is time to ity this great? It is a matter of con- serve better from the majority. That bring it out. Democrats have reduced science and decency and a sign of a is, if my colleagues are against the the tax burden on working people pro- great country that we reward work. minimum wage, then they should vote gressively through the earned income This is an increase for necessities. against it, speak to the Members of the tax credit. Ironically, the other side Please honor American workers. Congress on their point of view. But now wants to repeal part of that. But it Mr. LINDER. Mr. Speaker, I yield 2 they should not hide behind procedural is time to give working people a livable minutes to the gentleman from Kansas gimmicks to avoid us having a vote. It wage. [Mr. TIAHRT]. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5067 Mr. TIAHRT. Mr. Speaker, this is not former President Bush, who vetoed a mum wage. Let me make it clear to my about CEO’s, but it is about senior citi- minimum wage that passed after 3 colleagues, both Democrats and Repub- zens. One of the things that happens years of struggle that passed the Con- licans, that defeating the previous when we raise the minimum wage, it is gress during his Presidency. question will in fact allow the House to a historical fact, inflation follows, and What is it about these Republicans, vote on the minimum wage increase. when inflation follows, that hurts the so frozen in the ice of their own indif- That is what the American people want people, people who are seniors, the ference to the working poor, that they us to do. We should not delay any worst because they have fixed incomes, cannot support a proven benefit fis- longer. Vote ‘‘no’’ on the previous they are unable to make their pay- cally to those people? question. ments. Mr. LINDER. Mr. Speaker, I yield 2 Mr. Speaker, I include the text of the The second thing it does is it does minutes to the gentleman from Con- amendment and accompanying docu- cost jobs. Now, we have heard this ex- necticut [Mr. SHAYS]. ments for the RECORD. ample about New Jersey, the res- Mr. SHAYS. Mr. Speaker, it is not The text of the amendment and infor- taurant jobs. But that is an isolated in- lost on me and my colleagues on this mation on the previous question is as stance. side of the aisle that when our col- follows: As my colleagues know, my grand- leagues on the other side of the aisle At the end of the resolution add the follow- father died when he was 94 years old, had an opportunity to increase the ing new section: and he smoked. Does that mean that minimum wage when they controlled ‘‘Sec. lll. That immediately upon the smoking is not hazardous to your both the House and the Senate they adoption of this resolution the House shall health? Of course it is. That was an iso- choose not to bring it up. It is simply proceed without intervention of any point of lated instance. not lost on us us that much of this de- order to consider in the House a bill intro- It does cost jobs, and it does hit the bate is about politics. duced by Representative BONIOR of Michigan The fact is this side of the aisle will on May 15, 1996 to increase the minimum minority communities the worst. So wage. The bill shall be debatable for one we are costing jobs, we are hurting the have a vote on the minimum wage. But hour equally divided and controlled by the elderly, and yet we are pushing for a when we have a vote on the minimum Chairman and ranking minority member of minimum-wage increase. wage, it will not just include the mini- the Committee on Economic and Edu- But the real thing, the hidden benefit mum wage. It will also include a tax cational Opportunities. The previous ques- to the President and to the liberals credit for employers who hire the most tion shall be considered as ordered on the here in Congress, is that it is a tax in- disadvantaged workers, those who have bill to final passage without intervening mo- crease. We will realize inflation. We been on welfare, those who have never tion except one motion to recommit with or without instructions.’’ will realize more higher taxes, more had a job before. We will have a tax credit tied to increasing the minimum revenue. That is what happened in the THE VOTE ON THE PREVIOUS QUESTION: WHAT early 1980’s. My colleagues remember wage to help the most disadvantaged. IT REALLY MEANS We will also have provisions to help when we had the windfall tax? It was This vote, the vote on whether to order the because of inflation. We had 14 percent small businesses most impacted by a previous question on a special rule, is not inflation. minimum wage income. We are going merely a procedural vote. A vote against or- Mr. Speaker, we can drive inflation, to have a job creation program along dering the previous question is a vote we can hurt the elderly, we can hurt with increasing the minimum wage. against the Republican majority agenda and minorities, and we can increase taxes I would encourage my colleagues, a vote to allow the opposition, at least for at their expense. But I think it is bad particularly on this side of the aisle, to the moment, to offer an alternative plan. It policy. We can, however, put more vote for the previous question, and not is a vote about what the House should be de- bating. money in the pockets of the poor be lured into this procedural vote that will ultimately be declared out of Mr. Clarence Cannon’s Precedents of the through earned-income tax credits, House of Representatives, (VI, 308–311) de- through $500-per-child tax relief, order. scribes the vote on the previous question on through the McIntosh-Klug-Tiahrt tax Passage of the minimum wage should the rule as ‘‘a motion to direct or control the plan, which actually has more be done in a way that creates not only consideration of the subject before the House takehome pay for people who are heads an increase in the wage base for those being made by the Member in charge.’’ To of households than if we did increase who are most disadvantaged, but also defeat the previous question is to give the opposition a chance to decide the subject be- the minimum wage. That is the type of has a job creation element to help all Americans. fore the House. Cannon cites the Speaker’s policy this country needs. ruling of January 13, 1920, to the effect that Seventy-five percent of the people on Mr. LINDER. Mr. Speaker, I would like to inquire if the gentleman from ‘‘the refusal of the House to sustain the de- minimum wage are students. They mand for the previous question passes the come from average household incomes Massachusetts has more speakers. control of the resolution to the opposition’’ Mr. MOAKLEY. The only speaker I of $50,000. Do they need it? No, this is in order to offer an amendment. On March have is myself. bad policy. I am against the rule, and I 15, 1909, a member of the majority party of- Mr. LINDER. Then I will close after urge my colleagues to vote against it. fered a rule resolution. The House defeated the gentleman from Massachusetts Mr. MOAKLEY. Mr. Speaker, I yield the previous question and a member of the [Mr. MOAKLEY]. opposition rose to a parliamentary inquiry, 1 minute to the gentleman from Mon- b asking who was entitled to recognition. tana [Mr. WILLIAMS]. 1115 Speaker Joseph G. Cannon (R-Illinois) said: Mr. WILLIAMS. Mr. Speaker, I thank Mr. MOAKLEY. Mr. Speaker, I yield ‘‘The previous question having been refused, the gentleman from Massachusetts for myself such time as I may consume. the gentleman from New York, Mr. Fitzger- yielding me the time. The SPEAKER pro tempore (Mr. ald, who had asked the gentleman to yield to My colleagues, minimum wage first KOLBE). The gentleman from Massa- him for an amendment, is entitled to the came into law in 1938, and congres- chusetts [Mr. MOAKLEY] is recognized first recognition.’’ Because the vote today may look bad for sional Republicans were against it for 11⁄2 minutes. back then, those almost 60 years ago. the Republican majority they will say ‘‘the Mr. MOAKLEY. Mr. Speaker, I urge a vote on the previous question is simply a Since that time, under the insistence ‘‘no’’ vote on the previous question. If vote on whether to proceed to an immediate of the American people, the Congress of the previous question is defeated, I vote on adopting the resolution . . . [and] the United States has raised the mini- shall offer an amendment to the rule has no substantive legislative or policy im- mum wage 18 times, only 18 times in which would make in order a new sec- plications whatsoever.’’ But that is not what those 60 years, and every single time tion in the rule. This amendment will they have always said. Listen to the Repub- the Republicans in the Congress, not provide for the immediate consider- lican Leadership Manual on the Legislative necessarily Republicans in America, ation of a bill to increase the minimum Process in the United States House of Rep- please understand, but the Republican resentatives, (6th edition, page 135). Here’s wage. That bill will be introduced by how the Republicans describe the previous majority in the Congress, has been my very good friend, the gentleman question vote in their own manual: against the minimum wage. Why, Re- from Michigan [Mr. BONIOR]. Although it is generally not possible to publican Presidents have even vetoed This provides for a separate and im- amend the rule because the majority Mem- the minimum wage, the last being mediate up or down vote on the mini- ber controlling the time will not yield for H5068 CONGRESSIONAL RECORD — HOUSE May 15, 1996 the purpose of offering an amendment, the move the previous question on the res- Shays Talent Weldon (FL) same result may be achieved by voting down olution. Shuster Tate Weldon (PA) the previous question on the rule . . . When Skeen Tauzin Weller The previous question was ordered. Smith (MI) Taylor (NC) White the motion for the previous question is de- The SPEAKER pro tempore. The Smith (NJ) Thomas Whitfield feated, control of the time passes to the Smith (TX) Thornberry Wicker Member who led the opposition to ordering question is on ordering the previous Smith (WA) Tiahrt Wilson the previous question. That Member, because question. Solomon Upton Wolf he then controls the time, man offer an The question was taken; and the Souder Vucanovich Young (AK) amendment to the rule, or yield for the pur- Speaker pro tempore announced that Spence Walker Young (FL) pose of amendment.’’ Stearns Walsh Zeliff the noes appeared to have it. Stockman Wamp Zimmer Deschler’s Procedure in the U.S. House of Mr. LINDER. Mr. Speaker, I object to Stump Watts (OK) Representatives, the subchapter titled the vote on the ground that a quorum ‘‘Amending Special Rules’’ states: ‘‘a refusal NAYS—197 to order the previous question on such a rule is not present and make the point of order that a quorum is not present. Abercrombie Furse Neal [a special rule reported from the Committee Ackerman Gejdenson Oberstar on Rules] opens the resolution to amend- The SPEAKER pro tempore. Evi- Andrews Gephardt Obey ment and further debate.’’ (Chapter 21, sec- dently a quorum is not present. Baesler Geren Olver tion 21.2) Section 21.3 continues: The Sergeant at Arms will notify ab- Baldacci Gibbons Ortiz Barcia Gilman Owens Upon rejection of the motion for the pre- sent Members. vious question on a resolution reported from Barrett (WI) Gonzalez Pallone the Committee on Rules, control shifts to Pursuant to the provisions of clause 5 Becerra Gordon Pastor of rule XV, the Chair announces that Beilenson Green (TX) Payne (NJ) the Member leading the opposition to the Bentsen Gutierrez Payne (VA) previous question, who may offer a proper he will reduce to a minimum of 5 min- Berman Hall (OH) Pelosi amendment or motion and who controls the utes the period of time within which a Bevill Hamilton Peterson (MN) time for debate thereon.’’ vote by electronic device, if ordered, Bishop Harman Pickett The vote on the previous question on a rule Boehlert Hastings (FL) Pomeroy will be taken on the question on agree- Bonior Hefner Poshard does have substantive policy implications. It ing to the resolution. is one of the only available tools for those Borski Hilliard Quinn Boucher Hinchey Rahall who oppose the Republican majority’s agen- The vote was taken by electronic de- vice, and there were—yeas 221, nays Browder Hoyer Rangel da to offer an alternative plan. Brown (CA) Jackson (IL) Reed Mr. Speaker, I yield back the balance 197, not voting 15, as follows: Brown (FL) Jackson-Lee Richardson [Roll No. 169] Brown (OH) (TX) Rivers of my time. Bryant (TX) Jacobs Roemer Mr. LINDER. Mr. Speaker, I yield YEAS—221 Cardin Jefferson Rose myself the balance of my time. Allard Emerson Laughlin Chapman Johnson (SD) Roybal-Allard The SPEAKER pro tempore. The gen- Archer Ensign Lazio Clay Johnson, E. B. Rush Clayton Johnston Sabo tleman from Georgia [Mr. LINDER] is Armey Everett Lewis (CA) Bachus Ewing Lewis (KY) Clyburn Kanjorski Sanders 1 recognized for 8 ⁄2 minutes. Baker (CA) Fawell Lightfoot Coleman Kaptur Sawyer Mr. LINDER. Mr. Speaker, let me Baker (LA) Fields (TX) Linder Collins (IL) Kennedy (MA) Schroeder conclude my remarks by reminding my Ballenger Flanagan Livingston Collins (MI) Kennedy (RI) Schumer Barr Foley LoBiondo Condit Kennelly Scott colleagues that defeating the previous Barrett (NE) Fox Longley Conyers Kildee Serrano question is an exercise in futility be- Bartlett Franks (CT) Lucas Costello Kleczka Sisisky cause the minority wants to offer an Barton Frelinghuysen Manzullo Coyne Klink Skaggs amendment that will be ruled out of Bass Funderburk Martinez Cramer LaFalce Skelton Bateman Gallegly McCollum Cummings Lantos Slaughter order as nongermane to this rule. So Bereuter Ganske McCrery Danner Leach Stark the vote is without substance. Bilbray Gekas McDade de la Garza Levin Stenholm The previous question vote itself is Bilirakis Gilchrest McInnis DeFazio Lewis (GA) Stokes Bliley Gillmor McIntosh DeLauro Lipinski Studds simply a procedural motion to close de- Blute Goodlatte McKeon Dellums Lofgren Stupak bate on this rule and proceed to a vote Boehner Goodling Metcalf Deutsch Lowey Tanner on its adoption. The vote has no sub- Bonilla Goss Meyers Dicks Luther Taylor (MS) stantive or policy implications whatso- Brownback Graham Mica Dingell Maloney Tejeda Bryant (TN) Greene (UT) Miller (FL) Dixon Manton Thompson ever. Bunn Greenwood Moorhead Doggett Markey Thornton Mr. Speaker, I include for the Bunning Gunderson Morella Dooley Martini Thurman Doyle Mascara Torkildsen RECORD an explanation of the previous Burr Gutknecht Myers Burton Hall (TX) Myrick Duncan Matsui Torres question. Buyer Hancock Nethercutt Durbin McCarthy Torricelli The material referred to is as follows: Callahan Hansen Neumann Edwards McDermott Towns Engel McHale Traficant THE PREVIOUS QUESTION VOTE: WHAT IT Calvert Hastert Ney Camp Hastings (WA) Norwood English McKinney Velazquez MEANS Campbell Hayes Nussle Eshoo McNulty Vento House Rule XVII (‘‘Previous Question’’) Canady Hayworth Orton Evans Meek Visclosky provides in part that: Castle Hefley Oxley Farr Menendez Volkmer There shall be a motion for the previous Chabot Heineman Packard Fattah Millender- Ward question, which, being ordered by a majority Chambliss Herger Parker Fazio McDonald Waters Fields (LA) Miller (CA) Watt (NC) of the Members voting, if a quorum is Chenoweth Hilleary Petri Christensen Hobson Pombo Filner Minge Waxman present, shall have the effect to cut off all Chrysler Hoekstra Porter Foglietta Mink Williams debate and bring the House to a direct vote Clinger Hoke Portman Forbes Moakley Wise upon the immediate question or questions on Coble Horn Pryce Ford Mollohan Woolsey which it has been asked or ordered. Coburn Hostettler Quillen Frank (MA) Montgomery Wynn In the case of special rule or order of busi- Collins (GA) Houghton Radanovich Franks (NJ) Moran Yates ness resolution reported from the House Combest Hunter Ramstad Frisa Murtha Frost Nadler Rules Committee, providing for the consider- Cooley Hutchinson Regula Cox Hyde Riggs ation of a specified legislative measure, the Crane Inglis Roberts NOT VOTING—15 previous question is moved following the one Crapo Istook Rogers Bono Holden Molinari hour of debate allowed for under House Cremeans Johnson (CT) Rohrabacher Brewster Largent Paxon Rules. Cubin Johnson, Sam Ros-Lehtinen Clement Lincoln Peterson (FL) The vote on the previous question is sim- Cunningham Jones Roukema Flake McHugh Roth ply a procedural vote on whether to proceed Davis Kasich Royce Fowler Meehan Spratt to an immediate vote on adopting the resolu- Deal Kelly Salmon DeLay Kim Sanford tion that sets the ground rules for debate Diaz-Balart King Saxton b 1137 and amendment on the legislation it would Dickey Kingston Scarborough make in order. Therefore, the vote on the Doolittle Klug Schaefer The Clerk announced the following previous question has no substantive legisla- Dornan Knollenberg Schiff pair: tive or policy implications whatsoever. Dreier Kolbe Seastrand Dunn LaHood Sensenbrenner On this vote: Mr. LINDER. Mr. Speaker, I yield Ehlers Latham Shadegg back the balance of my time, and I Ehrlich LaTourette Shaw Mr. Paxon for, with Mr. Holden against. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5069 Mr. WILLIAMS and Mr. OWENS fiscal year 1997, and for other purposes, Finally, the committee bill expresses changed their vote from ‘‘yea’’ to with Mr. BARRETT of Nebraska in the deep concerns regarding the Presi- ‘‘nay.’’ chair. dent’s certification on a range of Rus- So the previous question was ordered. The Clerk read the title of the bill. sian behavior in the arms control and The result of the vote was announced The CHAIRMAN. When the Commit- military modernization arenas. Evi- as above recorded. tee of the Whole rose on Tuesday, May dence continues to mount that Russia The SPEAKER pro tempore (Mr. 14, 1996, the en bloc amendments of- is not adhering to its arms control ob- KOLBE). The question is on the resolu- fered by the gentleman from South ligations, including in the area of tion. Carolina [Mr. SPENCE] had been dis- chemical and biological weapons. Like- The resolution was agreed to. posed of. wise, it is hard to reconcile the Presi- A motion to reconsider was laid on By virtue of notice given pursuant to dent’s certification with the fact that the table. section 4(c) of the resolution, it is now Russia is spending billions of dollars on f in order to debate the subject matter of a deep underground facility recently cooperative threat reduction with the reported in the open press and on mod- PERMISSION FOR SUNDRY COM- states of the former Soviet Union. ernizing its strategic offensive forces. MITTEES AND THEIR SUB- The gentleman from South Carolina The distinguished gentleman from COMMITTEES TO SIT TODAY [Mr. SPENCE] and the gentleman from New York [Mr. SOLOMON] also plans to DURING THE 5-MINUTE RULE California [Mr. DELLUMS] each will offer an amendment which would pro- hibit the further obligation of funds for Mr. LINDER. Mr. Speaker, I ask control 20 minutes. the CTR program in Russia and unanimous consent that the following The Chair recognizes the gentleman Belarus until the President certifies to committees and their subcommittees from South Carolina [Mr. SPENCE]. Congress that Russia has met 10 condi- be permitted to sit today while the Mr. SPENCE. Mr. Chairman, I yield tions relating to arms control compli- House is meeting in the Committee of myself such time as I may consume. ance, foreign and military policy, and the Whole under the 5-minute rule: (Mr. SPENCE asked and was given arms exports. I share the gentleman’s Committee on Agriculture, Committee permission to revise and extend his re- concern that the President’s certifi- on Commerce, Committee on Govern- marks.) cations send the wrong signal to Mos- b ment Reform and Oversight, Commit- 1145 cow and may actually encourage non- tee on International Relations, Com- Mr. SPENCE. Mr. Chairman, allow compliant behavior. mittee on the Judiciary, Committee on me to review briefly the actions taken I look forward to today’s debate and Resources, Committee on Science, by the National Security Committee discussion, and reserve the balance of Committee on Small Business, and the on the Cooperative Threat Reduction my time. Permanent Select Committee on Intel- [CTR] Program in H.R. 3230. Mr. DELLUMS. Mr. Chairman, I ligence. First, the committee cut the $327 yield 3 minutes to the gentlewoman It is my understanding that the mi- million budget request by $25 million. from Colorado [Mrs. SCHROEDER], a nority has been consulted and that Specifically, as based on the availabil- member of the committee. there is no objection to these requests. ity of prior-year funds, the committee Mrs. SCHROEDER. Mr. Chairman, I The SPEAKER pro tempore. Is there cut $20 million from the fissile mate- thank the distinguished ranking mem- objection to the request of the gen- rial storage facility in Russia. The ber for yielding me time. As many tleman from Georgia? committee also cut approximately $4 know, I have served for 24 years on this There was no objection. million from chemical weapons de- committee, and, because I am retiring f struction-related activities in Russia. from the Congress, I have tried not to Specifically, the committee denied the take a lot of the committee’s time in PRINTING OF PROCEEDINGS HAD DOD request to initiate a new, as yet debating these different issues, think- DURING RECESS unjustified demolition project and re- ing others should move forward. But I must say that I think we are Mr. LINDER. Mr. Speaker, I ask duced the amount for the Chemical engaging in one of the most serious is- unanimous consent that the proceed- Weapons Destruction Support Office, sues that we are going to deal with in ings had during the recess be printed in an information clearinghouse located this Congress, and that is whether we the CONGRESSIONAL RECORD and that in Moscow. The committee also cut $1 continue to use our brain, engage our all Members and former Members who million from CTR program overhead. brain, and continue to move forward spoke during the recess have the privi- The bill also includes a provision with the Nunn-Lugar proposals that lege of revising and extending their re- that is intended to ensure that CTR denuclearize and demilitarize Russia marks. funds are spent only on core dismantle- and Belarus, or whether we go with our The SPEAKER pro tempore. Is there ment activities, such as destroying objection to the request of the gen- glands, do our chest beating, scream, bombers, missiles, and silos. My col- holler and yell, and adopt the amend- tleman from Georgia? leagues may recall that noncore activi- There was no objection. ments that I think are going to derail ties such as environmental restoration, what we have been doing and the f job retraining, and defense conversion progress we are making. have been at the heart of the con- So I stand here in a very solemn NATIONAL DEFENSE AUTHORIZA- troversy surrounding this program in TION ACT FOR FISCAL YEAR 1997 mode, saying I certainly hope that the past years. This provision would pro- Solomon amendment is defeated, and The SPEAKER pro tempore. Pursu- hibit use of fiscal year 1997 or prior- defeated resoundly, because the reason ant to House Resolution 430 and rule year, unobligated CTR funds for con- that we are trying very hard to take XXIII, the Chair declares the House in ducting peacekeeping activities with down the nuclear weapons in the So- the Committee of the Whole House on Russia, providing housing, performing viet Union and to demilitarize the So- the State of the Union for the further environmental restoration, providing viet Union is for our own good, it is for consideration of the bill, H.R. 3230. job retraining assistance, or for provid- NATO’s good, it is for all of our allies ing assistance to promote defense con- b 1140 in Asia’s good. version. Nuclear proliferation does not help IN THE COMMITTEE OF THE WHOLE I understand the distinguished gen- anybody. The way I read the Solomon Accordingly the House resolved itself tleman from New York [Mr. GILMAN] amendment and others is that what into the Committee of the Whole House plans to offer an amendment that they are trying to pretend is like this on the State of the Union for the fur- would extend the prohibition on fund- is foreign aid; this is a big bennie for ther consideration of the bill (H.R. ing for defense conversion activities Russia. 3230) to authorize appropriations for beyond the Department of Defense to It is not a bennie at all. This is a car- fiscal year 1997 for military activities include foreign assistance and related rot that we are doing as part of our of the Department of Defense, to pre- funding sources. I certainly support the leadership internationally to try and scribe military personnel strengths for gentleman’s amendment. make this planet a little safer. H5070 CONGRESSIONAL RECORD — HOUSE May 15, 1996 The nuclear genie got out of the bot- treaties. They are continuing to de- Mr. Chairman, this is a fine amend- tle in this century. We are about to velop biological weapons at great costs. ment and I urge Members to support it. close this century, and this has been a They are improving the SS–25 ICBM, Mr. DELLUMS. Mr. Chairman, I very serious effort by two of the most really building what I call the SS–27 yield myself 2 minutes. well thought of Members of the other ICBM. It costs them a ton of money. Mr. Chairman, I recognize Members body, Senator NUNN and Senator They are building a new nuclear sub- of Congress have many things to do, LUGAR, to try and put the nuclear marine, and they are selling nuclear re- but I would like to hope that when a genie back in the bottle, to try and de- actors to Iran. Member takes the floor of this body on militarize this huge colossus that we Mr. Chairman, let us send a message a significant piece of legislation, they used to know as the Soviet Union. to the Soviets, back the Solomon would at least take time to read the What a phenomenal opportunity this amendment. legislation so that they would not is for our children. What a phenomenal Mr. SPENCE. Mr. Chairman, I yield 2 speak based upon ignorance. If my dis- opportunity this is for the 21st century. minutes to the gentleman from Califor- tinguished colleague, the previous How shortsighted it would be to say nia [Mr. COX]. speaker, had read page 362 of this bill, ‘‘Oh, no, no, no, this is really just an Mr. COX of California. Mr. Chairman, bill language, it points out that mon- aid bill. We are just doing this for the I thank the chairman for yielding me eys for housing are specifically prohib- benefit of the Russians, and we ought this time. I want to especially thank ited. to shut this off.’’ the chairman for his acceptance in ad- Second, if the gentleman had taken No; for people who really miss the vance of the Solomon amendment, time to understand Nunn-Lugar in sub- cold war, I suppose they ought to vote which much of the debate already has stantive intellectual terms, the gen- for the Solomon amendment. I do not focused upon. tleman would understand that no One of my colleagues across the aisle miss the cold war. I do not miss the old money goes to the Russian people. suggested that support for the Solomon drills of duck and cover. I do not miss This money goes to American firms amendment would somehow require that kind of terror. I hope people listen providing the services to dismantle one to long for the days of the cold to this serious debate and vote ‘‘no’’ on warheads that just a few years ago war. But the truth is that the Nunn- the Solomon amendment. were aimed at the United States to de- Lugar moneys for Russia were ap- Mr. SPENCE. Mr. Chairman, I yield 2 stroy, maim, and kill at a level of proved in that headier, indeed giddy minutes to the gentleman from Califor- mega death beyond people’s ability to time after the collapse of the Berlin nia [Mr. HUNTER], the chairman of our comprehend. Subcommittee on Military Procure- Wall and the Soviet Union itself, when the Congress typically sought to show It defies logic. It defies logic, Mr. ment. its approval, its support for something, Chairman, to talk about issues that are Mr. HUNTER. Mr. Chairman, I thank of lesser significance when there ought the chairman for yielding me time. Let by showering money upon it. Over $1.5 billion has now gone not to to be one thing that we universally ac- me respond to my friend who says she the people of Russia, but to the Gov- cept, and that is that the danger of nu- does not miss the cold war, the war is ernment, and the Government of Rus- clear weapons has a significance and an over, and Nunn-Lugar money is a good sia, particularly after the next two imperative unto itself. way to exit the war. rounds of elections in June and July, b The problem, my colleagues, is that 1200 may well be back in the hands of a we apparently have not convinced the The Nunn-Lugar effort is an effort to Communist imperialist, Gennadi Russians that the cold war is over. We dismantle these weapons. It is an effort Zyuganov. There was never much of a see a continuing drive to modernize to dismantle chemical and biological budget for these moneys to begin with. their strategic systems, which costs warfare, to destroy the facilities in President Clinton expanded the pur- them billions and billions of dollars, to Russia and Belarus. They are moving pose for which Nunn-Lugar aid might do other things with respect to chemi- diligently in that area. be spent to include housing for officers, It defies understanding. I believe it is cal systems and biological warfare sys- defense conversion, and so on. tems, which again cost them in the In this bill there is an attempt to ad- almost even bizarre for Members to challenge this piece of legislation when hundreds of millions and billions of dress that. But what Chairman SOLO- during the decade of the 1980’s we spent dollars. And in light of that, in light of MON is talking about doing is even that continued expenditure of hard dol- more important. President Clinton in excess of $300 billion a year, pre- lars by the Russians, the question we ought to be able to certify before the pared to wage war against the Soviet have to ask is does it make sense for us American taxpayers send a third of a Union, even contemplated the idiocy to subsidize the Soviet Union to the billion dollars, as requested this year, and the insanity of nuclear war and we tune of some $300 million, which is President Clinton should be able to cer- are not prepared to spend pennies to what the full committee passed, or $327 tify that Russia is complying with help Russia dismantle nuclear weapons million, which is what the administra- arms control agreements. If they are that threaten our security. This is in tion asked for, without requiring cer- not, why should U.S. taxpayers sub- our interest. tain certifications that the Soviet sidize them? Mr. Chairman, I reserve the balance Union is slowing down this drive to Russia should not be modernizing its of my time. modernize its systems and to build this nuclear arsenal at the very time we are Mr. SPENCE. Mr. Chairman, I yield 3 deep, underground complex, which is allegedly paying for dismantling nu- minutes to the gentleman from New bigger, incidentally, than the District clear weapons. What could be more rea- York [Mr. SOLOMON], the chairman of of Columbia, and which could be used sonable? President Clinton should be the Committee on Rules. by the Russians to carry on weapons able to make that certification. Mr. SOLOMON. Mr. Chairman, with activities after a nuclear attack. Russia should not be sharing intel- all due respect to the ranking member, So let me go over some of the con- ligence with Cuba. If you are interested whom I have great respect for, the cerns we have that the gentleman from in supporting with United States tax- truth of the matter is that we are sub- New York [Mr. SOLOMON] meets with payer funds Russia sharing intelligence sidizing the Russian Government to his amendment. First, a Yamantau with Cuba, I do not understand that. dismantle old nuclear missiles while Mountain underground complex, some- The President should be able to certify still they are in the process of mod- thing that disturbs all of our war plan- that Russia is willing to respect the ernizing and building up other nuclear ners, all of our strategic thinkers, be- sovereignty of Lithuania. missiles. cause this could be used to continue to My own concern about Russian de- Mr. Chairman, the Nunn-Lugar For- weaponize the Soviet Union after a ployment in Kalinigrad, where they eign Aid Program, paying the former first strike. have twice as many Russian troops on Soviet Union to dismantle some of Why do they have this mindset that Lithuania’s sovereign soil as American their defensive missiles, was initially somehow a first strike is survivable troops have deployed in all of Europe, premised on the belief that the new and could be survived? They are break- cause me to have reservations about Democratic States of the former Soviet ing chemical and biological weapons this. Union wanted to destroy some of their May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5071 massive war arsenals but were simply Mr. Chairman, I want to have the at- them back down to McConnell Air too poor to pay for this endeavor. That tention of the distinguished gentleman Force Base, near Wichita, and flew is what the initial premise was. Thus, from New York. I would like to read them back to Russia, all at taxpayers’ for 5 years now it has been assumed briefly and in part from a letter from expenses. that it was in our interest to divert the Secretary of Defense. It says, ‘‘I So I inquired where did these funds some of our defense budget to help de- understand and share the concerns come from, from the Pentagon, and lo stroy some of those weapons, but not about Russian behavior that lie behind and behold some of these funds come all of them. It is time to challenge that this amendment,’’ speaking of the Sol- from Nunn-Lugar. Now, whether this is very complacent assumption, Mr. omon amendment, ‘‘but shutting down a good opportunity or not, I think we Chairman, at least in the case of Rus- the CTR program would not be an ef- should have Russians as friends rather sia, and that is what my amendment fective method for addressing these than enemies, but these funds are not does. It does not speak to Ukraine, it concerns. Instead, shutting down the being spent as they were intended. does not speak to Kazakhstan, it CTR program would severely damage They are not reducing the amount of speaks to Russia. our security.’’ chemical weapons and biological weap- Anyone who has been reading the pa- Now, this is the Secretary of Defense. ons and not reducing the nuclear pers knows that today Russia is spend- Damage our security. This is a dan- threat as they were intended do. ing billions of dollars on a host of ac- gerous amendment. We are jeopardiz- So, if they are not going to do it, the tivities that range from the legal to ing American Security. administration fails to verify, where is the illegal morally abhorrent, but all Now, to speak further, the evidence this is actually occurring of which are contrary to our American The CTR is directly reducing the threat to in Russia? We hear about other coun- national interests. the United States from former Soviet nu- tries, but what about Russia? Mr. Chairman, and listen up over clear and other weapons of mass destruction. Why should we borrow money from there, if Russia can cough up $5 billion Under CTR, the United States is directly fa- our children’s future to fund these to kill Chechnyans, if they can cough cilitating the dismantlement of ICBM’s and trips over here to America to the treas- up $5 billion to kill them or $2 billion silos, bombers, ballistic missiles, sub- ures of the czar and not let the money to produce new advanced submarines, marines, and other weapons that were de- signed to destroy the United States. For ex- go for the specific purposes? That is and who knows how much to build a why I am supporting the Solomon nuclear command bunker the size of ample, CTR has provided critical support for the following achievements: amendment, is that we do not have any Washington, DC, why can Russia not Over 3,800 nuclear warheads have been re- verification that they are actually come up with the $200 million we have moved from deployment, and over 800 doing what we intended them to do and been allotting to them for the last 5 launchers have been eliminated. Kazakhstan that they are misusing these funds, in years under this program? has become a nuclear free area and the my mind. If we want to do these sort of And let me tell my colleagues some- Ukraine and Belarus will become so during trips, then we should do it under that thing. If we are giving them this 1996, halting potential proliferation brought aspect and let it go through Congress, money, it is freeing up other money to about by the breakup of the Soviet Union. let us debate it and bring it up here build housing for Russian officers while Six hundred kilograms of highly enriched and vote on it. we are not taking care of our own uranium, a proliferator’s treasure trove, were secretly removed from Kazakhstan to But let us make sure if we are going American military personnel. That is safe storage in the United States. to spend money to reduce the nuclear outrageous. We have a 4.5 percent in- threat that the money actually goes crease in housing in the gentleman’s Thirty-eight hundred warheads, Mr. for that purpose. And I do not think it bill, and we are grateful that he did Chairman, this is a program that is going that way and that is why I am that, but we need a lot more. speaks to our national security, and I Mr. Chairman, it is important to believe that while the gentleman from supporting the Solomon amendment. Mr. DELLUMS. Mr. Chairman, I note that the Russia of today is not the New York may very well be well in- yield 2 minutes to the gentleman from Russia of 1992. The reformers in that tended, this is a dangerous amendment country have long since been purged. and flies in the face of American na- Massachusetts [Mr. KENNEDY], my dis- That means thrown out. Since at least tional security. tinguished colleague. Mr. KENNEDY of Massachusetts. Mr. 1993, Russia has been pursuing foreign Mr. SOLOMON. Mr. Chairman, will Chairman, I rise in strong opposition of and military policies highly reminis- the gentleman yield? cent of the old Soviet Union. Read Mr. DELLUMS. I yield to the gen- the Solomon amendment and I rise in through my list and Members will see. tleman from New York. strong support of the Nunn-Lugar pro- Mr. Chairman, obsession with whether Mr. SOLOMON. Mr. Chairman, I gram. This is a program that does more or not the Communist party will win thank the gentleman for yielding to to kill Russian nuclear weapons with a elections next month has led the Clin- me. pen than any hope that we could every ton administration to ignore that fact. As the gentleman knows, my amend- have of killing these with dollars and Mr. Chairman, some would say a ment does not speak to Kazakhstan; it with nuclear weapons or any other tougher policy against Russia, such as does not speak to Ukraine. Their new kind of weapons ourselves. linking our aid to their behavior, missiles threaten American security as It is an example of some of the most would weaken Mr. Yeltsin before the far as I am concerned. wrong-headed, convoluted thinking election. Proponents of this view are Mr. SPENCE. Mr. Chairman, I yield 2 that I have ever witnessed on the ignoring the reactionary and anti-west- minutes to the gentleman from Kansas House floor. Somehow we think that, ern nature of Russia today, with [Mr. TIAHRT], a member of the commit- or maybe some people think that there Yeltsin as president. That is what is tee. is an opportunity here to try to accuse important, Mr. Chairman. And they are Mr. TIAHRT. Mr. Chairman, we have Democrats or anyone that is in favor of ignoring the fact that this negative been trying to move to verify how Nunn-Lugar funds of being soft on com- trend in Russia has taken place in an these Nunn-Lugar funds are being munism, of being some kind of pinko atmosphere of unremitting appease- spent. I had an incident occur in Fort Communist that is not willing to stand ment, with unlinked foreign aid as a Riley, KS, which is just north of my up to the hard Russian threat. cornerstone of that appeasement pol- district, which we checked into the fi- The truth of the matter is, these dol- icy. nancing of. lars go, in vast majority, to United Mr. Chairman, the defense budget of What happened is we paid for the jet States companies to go out and get rid all places is no place to put this kind of fuel for two IL–76’s to bring over ap- of Russian nuclear weapons. It is a money. We should save that kind of proximately 150 Russian soldiers. They rough equivalent to us saying that be- money and send them a message. Read then went to Fort Riley and we showed cause someone has a gun to our head, the certifications necessary and Mem- them our latest hardware. Then we put what we are going to do is pull out a bers will vote for the Solomon amend- them on charter buses and ran them six-shooter and blow off each one of our ment. over to Topeka, KS, to show them the toes in order to show an example of Mr. DELLUMS. Mr. Chairman, I treasures of the czar. Then we hauled how tough we are, and if we are not yield myself 2 minutes. them back and eventually brought willing to blow off the other six toes H5072 CONGRESSIONAL RECORD — HOUSE May 15, 1996 then somehow we are easy or light on in a year or two from now, if this be- Missouri [Mr. SKELTON] yielded back communism. comes law, that we will have Members any part of the 2 minutes? This is craziness. What we should do arguing that we need to increase de- The CHAIRMAN. The gentleman is recognize that is the United States fense spending because the nuclear from Missouri [Mr. SKELTON] yielded best interest to make sure that we can threat from Russia has not been re- back 30 seconds. get rid of as many Russian nuclear ar- duced, and the reason it will not have Mr. DELLUMS. Mr. Chairman, I re- maments as we possibly can. And if we been reduced is because we have tried serve the balance of my time. can do that and pay U.S. companies to to attach extraneous conditions to one Mr. SPENCE. Mr. Chairman, I yield 2 get the job done, then why not go for- of the most effective programs we have minutes to the gentleman from Califor- ward? What are all of these strings ever seen in reducing the central secu- nia [Mr. DORNAN]. that we want to attach? rity threat to this country. (Mr. DORNAN asked and was given Of course, we want to get rid of Rus- Now, where in the world is the com- permission to revise and extend his re- sian threats in terms of biological mon sense in trying to perpetrate this marks.) weapons, of course, we want to get rid kind of public policy? Does the gen- Mr. DORNAN. Mr. Chairman, I en- of radar systems, of course, we want tleman have any idea how this could joyed the time that the gentleman them to agree to a whole range of addi- end up being helpful to our national se- from California [Mr. DELLUMS] spent tional issues, but this is the wrong ve- curity? on the Permanent Select Committee hicle to attach those concerns to. I am Mr. DELLUMS. If the gentleman on Intelligence. I do not know whether very much in support of almost every would yield further, I do not think it it engaged him enough or what, but he goal that the gentleman from New is, and during the course of the earlier only spent the better part of a year on York [Mr. SOLOMON] puts forward in his remarks in the general debate I quoted there. I am in my eighth year on there. amendment to terms of the kinds of from a letter from the Secretary of De- I can tell my colleagues, you only compromises we want the Russians to fense that said he believes that while have to be there a few months, read the agree to, but this is the wrong way to he is concerned about the same issues National Intelligence Daily, and you will understand what a serious and achieve those compromises. the gentleman from New York is con- Mr. DELLUMS. Mr. Chairman, might cerned about, he points out that this is dangerous world this is. With all the I inquire as to the remaining amount an inappropriate vehicle to use, and at weapons that the Soviet Union has de- of time on both sides of the aisle? the end of the day to destroy the CTR stroyed, they still keep the majority. The CHAIRMAN. The gentleman program is to challenge America’s na- Constantly in the open press we are reading about the danger of nuclear from California [Mr. DELLUMS] has 11 tional security. minutes remaining, and the gentleman Mr. SKAGGS. Again, as I understand material and/or missile technology from South Carolina [Mr. SPENCE] has it, just looking at Russia, the funds leaking out into the rogue nations of the world, North Korea, Iran, some un- 71⁄2 minutes remaining. from the Nunn-Lugar program have in- Mr. DELLUMS. Mr. Chairman, I volved removal of over 3,000 nuclear holy alliance between an oriental coun- yield 2 minutes to my distinguished warheads in Russia. try and a radical Islamic terrorist colleague, the gentleman from Colo- Mr. DELLUMS. That is correct. state. This is a dangerous world. rado [Mr. SKAGGS]. Mr. SKAGGS. Putting them ahead of When we look at the situation, the Mr. SKAGGS. Mr. Chairman, I thank schedule in complying with START I volatile situation in Russia, when they the gentleman for yielding me the limits. have crushed Christianity in their na- time. Mr. DELLUMS. Mr. Chairman, I tion over the better part of this cen- Mr. Chairman, I am not sure I am un- yield 2 minutes to the gentleman from tury and drove anti-Semitism and now derstanding what is going on on the Missouri [Mr. SKELTON], a member of they have a country that has partially floor right now. Is it the understanding the committee. lost its soul, its conscience, and they of the gentleman from California [Mr. Mr. SKELTON. Mr. Chairman, I will are into what I call dark capitalism, DELLUMS] that the fundamental pur- not take the full amount of time. But like pornography and prostitution and pose of these Nunn-Lugar funds are to after looking at this, first I want to drug dealing and illegal corporate rip- reduce the nuclear threat and the say, Mr. Chairman, I take a back seat offs, dark capitalism is ripping that threat of weapons of mass destruction to no one when it comes to a strong na- country apart as they try to find their to the United States? tional defense. I also point out that the way through a free market economy. Mr. DELLUMS. Mr. Chairman, will two Senators, the one from Georgia So on this floor, I won, I think, 244 the gentleman yield? and the one from Indiana, who are the votes last year, that would cut off this Mr. SKAGGS. Mr. Chairman, I yield authors of the program, the Nunn- Nunn-Lugar money until they certify to the gentleman. Lugar program, are also in the cat- in writing to Mr. Clinton, no more bio- Mr. DELLUMS. Mr. Chairman, I egory of standing for a strong national logical/chemical warfare. And they will would say to the gentleman that is ex- defense. not do it. They will not even let our actly the purpose of Nunn-Lugar; a bi- What this program has done success- auditors come over and find out what partisan amendment, I might add. fully is to reduce the nuclear threat, is happening to our money. What kind Mr. SKAGGS. The amendments pend- the nuclear warheads in the former So- of madness is this? ing before the House would cut funding viet Union. You can take the position of the gen- for that unless certain other conditions b tleman from Kansas [Mr. TIAHRT] and are met? 1215 say, why are we giving our children’s Mr. DELLUMS. If the gentleman I find myself in agreement so many money, borrowing money, going into would continue to yield, Mr. Chairman, times with my friend from New York. I debt for this, but we cannot even get it the practical effect of the amendment find myself in agreement with the audited? offered by the gentleman from New goals that he has set forth. But to re- I will stand and vote with Mr. SOLO- York is to put constraints and cause quire the President to certify things MON on this, as 244 Members of this certifications that the President could that are absolutely impossible for him House voted with me in the last au- never certify, which means we would to certify would gut the Nunn-Lugar thorization bill, and then it was gutted kill the program. program. I think that is a dangerous in the star chamber of the Senate con- Mr. SKAGGS. In other words, if we thing for the United States of America ference. do not do what the gentleman wants to to do. I will include my remarks for the do in these categories, we are going to I find myself constrained to disagree RECORD. Biological testing is going on shoot ourselves, is the practical effect with my friend from New York and to in Russia. of this. oppose this amendment. Though I am Mr. DELLUMS. Mr. Chairman, I Mr. DELLUMS. I would think the sure well-intentioned, it would have yield 2 minutes to my distinguished gentleman’s characterization is cor- the unintended consequences of harm- colleague, the gentleman from Penn- rect. ing the security of the United States. sylvania [Mr. MURTHA]. Mr. SKAGGS. Mr. Chairman, I sus- Mr. DELLUMS. Mr. Chairman, may I Mr. MURTHA. Mr. Chairman, I will pect the ultimate irony of this is that inquire whether the gentleman from tell you the concern I have about this May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5073 amendment. If you remember, the sub- carriers. They have not destroyed one I urge my colleagues to support this committee on defense, as it was called single warhead. You know it and I amendment. then, is the one that funded this ini- know it. So while they are destroying Mr. DELLUMS. Mr. Chairman, I tially. This was not funded or author- old, obsolete missile carriers, they are yield 3 minutes to the gentleman from ized; they asked us to fund it in a sup- building new ones. Indiana [Mr. HAMILTON], distinguished plemental. We put several hundred mil- That is what this debate is all about. colleague and ranking member of the lion dollars in. We put very strict in- We want to be able to certify that they House Committee on International Re- terpretations on the language about are not doing that. lations. how it could be spent, because we knew Let us vote for the Solomon amend- Mr. HAMILTON. Mr. Chairman, I rise of the concern in the House about how ment, go to conference, and let us work against the Solomon amendment. this money should be spent. it out then. If you do not go to con- There has been very strong bipartisan I appreciate what the gentleman ference with the Solomon amendment, support over the past year for the from New York is trying to do, but ev- it will not even be discussed. That is Nunn-Lugar program. That program is erything I have seen, and I had great the problem. very much in the American national concern about this amendment ini- Mr. SPENCE. Mr. Chairman, I yield 2 interest. It is not foreign aid. It is not tially, is that this program has been minutes to the gentleman from New a gift. It is in investment in our own successful. They are demilitarizing nu- York [Mr. GILMAN], the chairman of national security. It directly reduces clear weapons. the Committee on International Rela- the threat that the United States faces I would hope we are not trying to tions. from Russia. It expedites dismantle- interfere in the Soviet elections be- (Mr. GILMAN asked and was given ment. cause I think that would backfire in permission to revise and extend his re- This amendment, let us be very clear our case. And I would hope that we marks.) about it, this amendment would kill Mr. GILMAN. Mr. Chairman, I be- would base our decision on the merits the Nunn-Lugar program. That pro- lieve my colleague, Mr. SOLOMON’s, of whether this is working or not. Ev- gram has destroyed 800 bombers and amendment is an important one that erything I have seen, from Secretary missile launchers. It has removed 3,800 opens a debate that this body needs to Perry, is that it is working. nuclear warheads from deployment in We may need to make some changes. have. the former Soviet Union. I do not see Many of us here have been supportive We made need to make some sort of how you get a bigger bang for the de- of the goals of the Cooperative Threat certification. But I think the certifi- fense dollar than when you directly Reduction program—or Nunn-Lugar cation that is required in this amend- dismantle Soviet nuclear power. program as it is commonly known. This amendment would stop a pro- ment by the gentleman from New Few, if any, of the Members of this gram to complete the denuclearization York, which has entirely good inten- House have difficulty in accepting that of Ukraine, Belarus, Kazkhstan. It tions, I think goes too far. So I would it is in our national interest to help would stop a program that is making hope at some point we could come up the states of the former Soviet Union the biggest contribution to non- with adequate restrictions but cer- dismantle a large portion of their proliferation in the very part of the tainly not this kind of a certification. weapons of mass destruction and safely world which represents the greatest I ask the Members to vote against store nuclear warheads and other ma- nonproliferation threat. It would stop a the Solomon amendment at this point terials. program that every single day reduces and see if we cannot maybe in con- None of us deny that the de- the nuclear threat to the United ference work something out. I feel very nuclearization of Ukraine, Kazakhstan, States. strongly that what we are doing with and Belarus, by lessening the number This amendment is self-defeating. the money we are making available to of nuclear-armed states in the world, These conditions that are set out, the Russians is not going to something was a real achievement. these objectives are all very worthy. else. It is going to the very specific The problem now lies in the fact that The problem is the President cannot purpose we have said. And if they are we cannot ignore other American in- certify many of them, if any of them. using other money, they just would not terests that lie beyond the process of And if he is not able to certify those demilitarize their nuclear weapons. reducing weapons of mass destruction. conditions or objectives, then the pro- That is what it amounts to. So we are What my colleague’s amendment gram will collapse. getting a tremendous benefit from the does is simply make that case. If we insist that those goals become amount of money that we are spending We cannot long ignore the fact that preconditions before we provide help to in this area. the Russian military is spending large Russia in dismantling these nuclear I ask the Members to consider very sums on its brutal operation in the sep- weapons, we will clearly harm the na- carefully voting against this amend- aratist region of Chechnya, or that it tional interest of the United States. ment at this point and then later on may be better able to defray the cost of May I say to my colleagues that one making some sort of an adjustment in that operation due to Nunn-Lugar as- of the facts missing from all of this de- the conference to add restrictions sistance elsewhere in the Russian mili- bate is what is happening today in the which the President is able to adhere tary budget. Russian defense budget. It is has de- to. We cannot ignore the many outstand- clined 20 percent in the past year. It is The CHAIRMAN. The Chair advises ing questions about the status of Rus- 45 percent of what it was in 1992. It is that the gentleman from South Caro- sia’s chemical and biological arsenals, less than 20 percent of what it was at lina [Mr. SPENCE] has 51⁄2 minutes re- or questions about the strategic facili- its peak. The Russian defense budget, maining, as does the gentleman from ties it is still constructing and the then the Soviet defense budget, in 1988. California [Mr. DELLUMS]. weapons modernization it is still pur- The Russian defense budget is in a free- Mr. DELLUMS. Mr. Chairman, who suing despite the relative paucity of fall. Its defense establishment is in tur- has the right to close debate? funds for its military budget. moil The CHAIRMAN. The gentleman And, once again, those costs are, in- If we want some stability and if we from South Carolina [Mr. SPENCE] has advertently, defrayed by United States want some security with regard to the right to close. assistance for demilitarization costs in these nuclear weapons in Russia, then Mr. SPENCE. Mr. Chairman, I yield 1 the Russian military budget. we are going to have to help provide minute to the gentleman from New Mr. Chairman, the problems in the them. May I say it is also a fact that York [Mr. SOLOMON]. United States-Russian relationship will Russia does itself contribute to the dis- Mr. SOLOMON. Mr. Chairman, with not simply disappear. mantlement of these programs. all due respect to my good friend, the Instead, we must have this debate, I urge the defeat of the Solomon gentleman from Pennsylvania [Mr. and we must make it clear to Russia amendment. It just goes way too far MURTHA], and he is and so are many that we have strong concerns—very and, I think, works against the Amer- other Members, let me tell you what strong concerns—about its actions. ican national interest. they are using this money for. They This amendment sends the right mes- Mr. DELLUMS. Mr. Chairman, I are using it to dismantle the missile sage. yield 2 minutes to the gentleman from H5074 CONGRESSIONAL RECORD — HOUSE May 15, 1996

Virginia [Mr. SISISKY], a member of the certify with certainty that Russia is violates the biological weapons conven- committee. not providing intelligence information tions, their new strategic missiles that Mr. SISISKY. Mr. Chairman, I thank to Cuba? It defies logic. they are building, are not in the spirit the gentleman for yielding time to me. This is a killer amendment to a sig- of the reductions that we have made, if I never thought I would be here doing nificant piece of legislation. At the ap- not the law. this. Last year I voted for it. I think I propriate point I hope we defeat the So this holds the feet of the Russians voted for it every time. But I reluc- gentleman’s amendment. to the fire. Vote for these certifi- tantly oppose the amendment offered Mr. SPENCE. Mr. Chairman, I yield cations. We are going to end up looking by my friend, the gentleman from New our remaining time to the gentleman like dummies. We are going to be the York, Mr. SOLOMON, who I believe is a from California [Mr. HUNTER], the guys that paid money to the Soviet real patriot. We agree more often than chairman of our Subcommittee on Pro- Union to dismantle weapons while they not, but I cannot agree to gut the coop- curement. were building new ones. Let us not be erative threat reduction or Nunn- The CHAIRMAN. The gentleman in that position. Please support Solo- Lugar program. from California [Mr. HUNTER] is recog- mon. This program succeeded in moving nized for 3 minutes. The CHAIRMAN. It is now in order to former Soviet personnel and forces out Mr. HUNTER. Mr. Chairman, my col- consider the amendments printed in of and away from eastern Europe. It leagues let us go over the state of play part A of the report relating to cooper- has encouraged U.S. corporations to in- here with exactly what we are talking ative threat reduction with the former vest in defense conversions all over about. Every single reduction in strate- Soviet Union, which shall be consid- Russia. Nunn-Lugar has removed war- gic systems that the gentleman from ered in the following order: heads, dismantled launchers, and California spoke of and the gentleman Amendment A–1 offered by the gen- brought nuclear material for storage in from Indiana [Mr. HAMILTON] spoke of tleman from New York [Mr. SOLOMON] the U.S. Just think back 10 years ago, are taking place; all those reductions and amendment A–2 offered by the gen- who would have dreamt that this could are taking place because we signed tleman from New York [Mr. GILMAN]. happen? START I. The Russians signed START AMENDMENT A–1 OFFERED BY MR. SOLOMON We won the cold war. Why snatch de- I. We signed START I. And we agreed Mr. SOLOMON. Mr. Chairman, I offer feat from the jaws of victory and bring to reduce these nuclear weapons with an amendment. genuine progress to a halt? Make no our own taxpayer dollars. That means The CHAIRMAN. The Clerk will des- mistake, by no stretch of the imagina- the Russians agreed to reduce their ignate the amendment. tion have we solved all of our problems systems with rubles, we agreed to re- The text of the amendment is as fol- with Russia. I happen to agree with duce our systems at our expense with lows: virtually everything that Mr. SOLOMON dollars, and we proceeded on that Amendment offered by Mr. SOLOMON: In says about Russia, but effectively ter- course to go down approximately from section 1104 (page 362, beginning on line 17)— minating Nunn-Lugar is precisely the 12,000 nuclear weapons to about 6,000, (1) insert ‘‘(a) IN GENERAL.—’’ before ‘‘None wrong thing to do, the wrong signal to and we have been proceeding on that of the funds’’; and course. (2) add at the end (page 363, after line 12) send, especially before the Russian the following: elections. We never agreed that we would pay (b) ANNUAL PRESIDENTIAL CERTIFICATION It is veto bait that harms not only a the Russians for the reduction that WITH RESPECT TO RUSSIA AND BELARUS.— good, sensible effective policy, but puts they were making under START I. We None of the funds appropriated for Coopera- all other good things we achieve in this never agreed we would subsidize that. tive Threat Reduction programs for any fis- bill at risk. But in 1991 we felt that the Russians cal year may be obligated for any activity in I ask Members to oppose this amend- were so fragile with that new democ- Russia or Belarus until the President sub- ment. We can revisit hopefully this racy and that attempted democracy mits to Congress, after such funds are appro- that we would help them. So we imple- priated, a current certification of each of the issue in separate legislation this sum- following: mer. I will try to get it out of the com- mented Nunn-Lugar, and a lot of us (1) Russia is in compliance with all arms mittee to do that. I am concerned agreed with that; it was a good pro- control agreements. about the Russian elections. We have a gram. (2) Russia is not developing offensive lot at stake. I would ask Members to The point is that the Russians need chemical or biological weapons. vote against it. to have their feet held to the fire. (3) Russia has ceased all construction of Now, it is a good deal if two neigh- and operations at the underground military b 1230 bors agree to disarm, and if the gen- complex at Yamantau Mountain. Mr. DELLUMS. Mr. Chairman, I (4) Russia is not modernizing its nuclear tleman from California Mr. DELLUMS, arsenal. yield myself the balance of the time. agrees to disarm, and I agree to dis- (5) Russia has ceased all offensive military The CHAIRMAN. The gentleman arm, and Mr. DELLUMS says, ‘‘I need a operations in Chechnya. from California [Mr. DELLUMS] is rec- little extra money to disarm, Mr. HUN- (6) Russia has begun, and is making contin- ognized for 45 seconds. TER; could you help,’’ that is a good ual progress toward, the unconditional im- Mr. DELLUMS. Mr. Chairman, I have deal. plementation of the Russian-Moldovan troop tried to suggest to the gentleman from But it is not a good deal if my neigh- withdrawal agreement, signed by the prime ministers of Russia and Moldova on October New York [Mr. SOLOMON] that some of bor then takes some of the money or 21, 1994, and is not providing military assist- the gentleman’s conditions were be- the resources that are freed up from ance to any military forces in the yond the ability to certify. Let me give my subsidizing his disarmament and Transdniestra region of Moldova. our colleagues a couple of examples. builds some new weapons. (7) Russian troops in the Kaliningrad re- It says here Russia is not developing We are not concerned about the new gion of Russia are respecting the sovereign offensive chemical or biological weap- SS–25. It is extremely accurate. We are territory of Lithuania and othr neighboring ons. If there is a pharmacological in- concerned about their new strategic countries. dustry, how in the world can we certify ballistic missile submarine system. We (8) The activities of Russia in the other independent states of the former Soviet with respect to biological weaponry? are concerned about their biological Union do not represent an attempt by Russia That flies in the face of reality. weapons development. to violate or otherwise diminish the sov- Second, Russia is not modernizing its Now, I assure my colleagues in the ereignty and independence of such states. nuclear weapons. Why are we mod- end, when the smoke clears, there is (9) Russia is not providing any intelligence ernizing ours? For safety and reliabil- going to be some Nunn-Lugar money information to Cuba and is not providing any ity that are constrained by treaty, my on the table. But we need to have some assistance to Cuba with respect to the signal colleagues. conditions on money, and this starts intelligence facility at Lourdes. Third, now, this one is extraor- the process. The Solomon amendment (10)(A) Russia is not providing to the coun- tries described in subparagraph (B) goods or dinarily bizarre. Mr. Chairman, it says holds the Russians’ feet to the fire, and technology, including conventional weapons, Russia is not providing any intel- let me just say the sales of nuclear which could contribute to the acquisition by ligence information to Cuba. Now, how technology to Iran, the biological these countries of chemical, biological, nu- can the President of the United States weapons development that we know clear, or advanced conventional weapons. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5075 (B) The countries described in this sub- strategic nuclear delivery vehicles and scientists cannot be used by these same paragraph are Iran, Iraq, Libya, Syria, Cuba, launchers over the next decade. terrorist groups or rogue nations or any country, the government of which the That is what their GAO says. They do against us. Secretary of State has determined, for pur- not need our money; they have the This law is for our benefit, not for poses of section 6(j)(1) of the Export Admin- istration Act of 1979 (50 U.S.C. App. money to do it. their benefit, and it is in our best in- 2405(6)(j)(1)), has repeatedly provided support What we are doing is financing their terests. And let us see what it accom- for acts of international terrorism. remodernization of a new class of weap- plished. First of all, all of the nuclear The CHAIRMAN. Pursuant to the ons; they are tearing down the obsolete warheads deployed in the former Soviet rule, the gentleman from New York silos, building new ones with our Union, in Kazakhstan and Ukraine and [Mr. SOLOMON] and a Member opposed money so that these warheads that Belarus, will be removed, gone from each will be recognized for 5 minutes. they are not abolishing or doing away those three countries, leaving only one The Chair recognizes the gentleman with can be remounted. We should not nuclear State in the former Soviet from New York [Mr. SOLOMON]. be paying for it. Union. Thirty-eight hundred warheads Mr. SOLOMON. Mr. Chairman, my I will move my amendment at the ap- will be freed up, removed from the amendment is simple. It would prohibit propriate time, Mr. Chairman. former Soviet Union, putting Russia any further obligation of Nunn-Lugar Mr. Chairman, I reserve the balance ahead in implementation of the aid to Russia and Belarus but allow the of my time. START–I Treaty. Thirty-two of those funds to go ahead to Ukraine and to Mr. DELLUMS. Mr. Chairman, I warheads, missiles, will be SS–18’s. Kazakhstan, which is fast becoming a yield 1 minute to the distinguished That is 320 SS–18 reentry vehicles, military satellite of Russia, until or gentleman from Missouri [Mr. GEP- more than any RV’s, reentry vehicles, unless the President certifies that Rus- HARDT]. that we could possibly take out with sia is in compliance with the condi- (Mr. GEPHARDT asked and was any missile defense system we are tions in my amendment. given permission to revise and extend going to develop in the near future. First, Russia must be in compliance his remarks.) Eight hundred strategic launchers were with all arms control agreements. Who Mr. GEPHARDT. Mr. Chairman, I removed; 200 missile silos removed. can disagree with that? Russia must rise to just hope that Members on both Now, what is the money that is com- not be producing any offensive biologi- sides of the aisle will turn down this ing in this bill? What will it do? Among cal or chemical weapons. Who can dis- amendment. other things, it will help us continue agree with that? I realize that disarming the Soviet eliminating those SS–18 missiles. Thir- Russia must cease the ongoing con- Union is the most important foreign ty-two have been eliminated so far; 170 struction of the massive bunker at policy objective we have. I think this remain to go. It will help implement Yamantau, which is widely perceived amendment will make it harder to ac- START–I, help ratify START–II, carry to be a nuclear command center. tually accomplish that reality that we it out if it is completed. Russia must cease modernization of all hope for, and I would simply remind It will help destroy 10 mobile launch its nuclear forces, and they are at Members, whatever their view on spe- pads in Belarus, seal up 30 nuclear test present developing new classes of weap- cific parts of this amendment, please tunnels in Kazakhstan, provide 150 ons, and we are paying for it. remember there is an election in Rus- United States-made containers to Mr. Chairman, last, Russia is not ex- sia next month. Can my colleagues transport nuclear materials to save porting goods or technology to terror- imagine how it is in our interests to storage. ist nations that could help them ac- say to the Russian people that we want And let me stop here and say that it quire advanced conventional weapons to stop and move back from an effort is true that a lot of those components or weapons of mass destruction. Mr. we have made together to get rid of nu- have not been destroyed. What we want Chairman, this is just common sense. clear arms as they are going to the to do is build a facility in Tomsk, Sibe- Russia is engaged in all of these activi- polling booths to vote for whether they ria; been built, the site has been chosen ties, all of which are contrary to our want to return to communism and to and the design is completed. It is under national interests, yet the aid contin- totalitarianism or whether they want construction. This money will help to ues to flow. to continue with democracy? go toward the construction and com- Mr. Chairman, many of these activi- This is a bad amendment, it is a bad pletion of this facility where those ties are addressed in the form of condi- idea, it is bad timing, and I urge Mem- components will be taken, they will be tions in the previous cooperative bers to vote against this amendment. accurately accounted for and safely threat reduction legislation, but they Mr. DELLUMS. Mr. Chairman, I stored. are so vague. For instance, the law yield 3 minutes to the distinguished Time does not allow me to keep on states that the President must certify gentleman from South Carolina [Mr. going, but I could iterate point after that Russia is ‘‘committed to arms SPRATT], a member of the committee. point about how we are protecting our- control compliance,’’ and that is what (Mr. SPRATT asked and was given selves and protecting the rest of the he has been doing. Well, either they are permission to revise and extend his re- world in this Nunn-Lugar program. It complying or they are not complying, marks.) is a program of proven success, and it and we all know that they are not. I Mr. SPRATT. Mr. Chairman, the Sol- has much yet to be accomplished. It just read the list. Every one of our col- omon amendment purports to condi- would be a tragic mistake in terms of leagues knows they are not complying. tion Nunn-Lugar funding. In fact, we timing, but in terms of our own self-in- Mr. Chairman, we have had enough all know what it would do. It would terest and the protection of our coun- vagueness and enough unlinked foreign stop it, stop it dead in the water, and I try if we pass the Solomon amendment aid. With these policies we have done think that is a tragic mistake, and I and terminated this program which has nothing to stem Russia’s reactionary strongly oppose it. done so much to enhance the security slide over the past 2 or 3 years. We Nunn-Lugar has three laudable goals, of this country. have set no boundaries on Russia’s be- which I do not understand how any- Mr. SOLOMON. Mr. Chairman, I yield havior whatsoever, while shelling out body can possibly oppose, to destroy 1 minute to our good friend, the gen- hundreds of millions of American tax- and dismantle weapons that were de- tleman from Ohio [Mr. HOKE]. payer dollars, Mr. Chairman. signed, developed, and deployed, the Mr. HOKE. Mr. Chairman, I thank Mr. Chairman, let me just read to our deadliest weapons in this world, to dev- the gentleman for yielding this time to colleagues from the GAO report, Octo- astate this country. It is also designed me, and I speak on behalf of and am ber 1994. Everybody should listen to to take the components of those weap- strongly supportive of the Solomon this. Currently Nunn-Lugar officials ons and make sure that they do not amendment. appear to have overestimated the prob- spread, fall into the hands of other Let us not make any mistake about able impact of similar projects in Rus- countries, terrorist groups who might what this is about. This is foreign aid sia. Russia can meet, without U.S. aid, use them against us. And, astutely, it to Russia, and we can cloak it in all its Strategic Arms Reduction Treaty is also to be used so that the knowl- kinds of language and we can talk obligations and eliminate thousands of edge and the expertise of former Soviet about it being a particular program H5076 CONGRESSIONAL RECORD — HOUSE May 15, 1996 that has to do with the dismantling of gle missile coming from the Soviet sons: for safety and reliability I am as- nuclear warheads. The fact is that it is Union, the former Soviet Union, point- suming that they are doing that as foreign aid, it is $1.2 billion, of which ed our way. well. We are doing it within the con- $500 million has already been spent, For that reason, Mr. Chairman, it straints of the treaties to which we that goes from American taxpayers to makes more sense than ever to try to have subscribed and on which we are Russia. It is money that Russia does destroy as many of those 26,000 nuclear appropriate signatories. not have to spend on other things. warheads that the gentleman from Illi- Finally, Mr. Chairman, let me say, START–I requires, and we have agreed nois [Mr. HYDE] just told us about the gentleman from New York has laid with this and Russia has agreed to it, while they are on the ground, while out a number of laudable concerns. I do that all of these weapons be disman- they are still in the Soviet Union, be- not challenge the concerns. What I am tled, and it says nothing whatsoever fore they fall into the hands of a ter- saying is one does not cut off his nose about who will pay for that. rorist Nation like Iraq or Iran or to spite his face. Linkages make sense It speaks, I mean the assumption is, Libya, North Korea, or Cuba. We can- to us as politicians, but sometimes in that Russia will pay for the disman- not stop them in the air and we cannot the real world linkages do not make tling of the Russian weapons, and the inspect the 4 million cargo containers sense. United States will pay for the disman- that come into this country, should When we link the danger of nuclear tling of our own weapons. The fact is someone want to smuggle them into weapons to a foreign policy consider- ation, it does not say the foreign policy that we are paying for both now, and as our country. concern is not legitimate, but it says a result of that, because, in the words I would say to the gentleman from Il- that we have to balance these matters. that I never find better language to de- linois [Mr. HYDE], it would make a We have to prioritize these matters. In scribe, money is fungible, that means whole heck of a lot more sense to fix our minds, it seems to me we ought to that the money that is being spent, the program we have and destroy them internalize the notion that nuclear that is being given to Russia for this, while they are on the ground in the weapons are dangerous, they are an im- they do not have to spend on some- former Soviet Union. Therefore, until perative unto themselves. To link this thing else. the gentleman from New York [Mr. unnecessarily is to destroy what it is SOLOMON] can fix some of those things b 1245 we are trying to do. that he knows the Soviets will not do, The gentleman from South Carolina Mr. SOLOMON. Mr. Chairman, I yield I am going to have to vote against his the remainder of my time to the gen- [Mr. SPRATT] eloquently and amendment. articulately laid out the three goals of tleman from Illinois, Mr. HENRY HYDE, Mr. DELLUMS. Mr. Chairman, I the nuclear warhead program, a bipar- a very valuable member of our Com- move to strike the last word. tisan effort to dismantle, ultimately to mittee on Foreign Affairs and chair- Mr. Chairman, I would like to say to destroy, to retard this kind of develop- man of the Committee on the Judici- my distinguished colleague, the gen- ment of nuclear weapons, and weapons ary, one of the most respected Mem- tleman from Illinois [Mr. HYDE], whom of mass destruction, including chemi- bers of this body. I respect on these matters, that I re- The CHAIRMAN. The gentleman cal and biological. spect the comment that the gentleman If we have foreign policy concerns, from Illinois [Mr. HYDE] is recognized made; that there is adversity in this there are other fora, there are other for 1 minute. amendment. places where we can fight that battle. Mr. HYDE. Mr. Chairman, I thank But I would like to point out to my But to use the CTR program as the ve- the gentleman for the extravagant in- colleague with respect to the missiles hicle to challenge on all these other troduction. that he spoke of, if he goes back to the bases I would suggest, to underscore Mr. Chairman, I am troubled by this START–II arrangement, it talks about for emphasis, that it cuts off our noses amendment. I do not want to vote for the removal of SS–18’s. They are trying to spite our face. this, because if there is a program that to get rid of all of them, so we move Finally, Mr. Chairman, I listened is diminishing the nuclear threat to away from virtually all, if not all, carefully to all of the debates and dis- our country, no matter what other ab- land-based missiles. cussion that my colleagues have raised. errational things that are going on, The treaty itself favors sea-based They have only raised one issue, that such as selling submarines to Iran, I missiles. The missile to which the gen- money is fungible. Big deal. We had to think anything that diminishes a nu- tleman addressed his remarks is a sea- come to Congress to learn that, that clear threat to our country ought to be based missile. What constrained us money is fungible? So we can create supported. were land-based missiles. What had us any kind of scenario for our political However, I learned that the Russians concerned were fixed-based ICBM’s, the purposes, but the fact of the matter is are modernizing their nuclear capabil- SS–18. That is what is being disman- that this is a serious policy program ity. ‘‘Russia test-launched new ICBM tled. So when we look at what they are that has specific implications. We yesterday. Missile will replace SS–18’s doing in terms of modernization, we should not attempt to play the game of destroyed under Nunn-Lugar,’’ on and have to put that within some kind of ‘‘money is fungible’’ to create this. on about how they are modernizing the perspective. One of my colleagues even talked nuclear capability. How does that di- Staff can put a memo in front of us about a few Russians coming to the minish the threat to our country? It and say, gee, they are advancing this United States and placed that in jux- enhances it. So with one hand we are weapon, but ask staff to tell us what is taposition to removing 3,800 warheads. giving them money to sweep away the that weapon attempting to do. It is a It is a joke. I would be willing to chal- old stuff, the garbage, and then free up sea-based weapon, so all of this activ- lenge the gentleman anytime, any- their own money to develop and mod- ity is confined within the treaty that place, anywhere, to make that kind of ernize a nuclear threat. Support Solo- we are party to. It is constrained by assertion about taxpayers’ dollars. We mon. treaty. are talking about our children and our Mr. DELLUMS. Mr. Chairman, I Mr. Chairman, I pointed out earlier children’s children. yield my remaining time to the distin- in my remarks that this gentleman It is important for us, Mr. Chairman, guished gentleman from Mississippi wished we had never gone down the to reject the gentleman’s amendment. [Mr. TAYLOR]. road toward nuclear weapons. We are This is dangerous. It flies in the face of The CHAIRMAN. The gentleman the only species on the face of the American national security. That has from Mississippi [Mr. TAYLOR] is recog- Earth that have developed the capacity been stated by the Secretary of De- nized for 1 minute. to destroy ourselves and all other life. fense. It has been stated by a number Mr. TAYLOR of Mississippi. Mr. But we went down that road. We went of other persons. I would ask my col- Chairman, in the past I have supported down that road to the tune of thou- leagues on both sides of the aisle to re- the Solomon amendment, but as a sands of nuclear warheads and nuclear ject this amendment. It is quali- number of well-attended hearings of weapons. Nunn-Lugar is an effort to tatively different, more dangerous than this committee pointed out, our Nation step back away from that. We are mod- the amendment offered by the gen- does not have the ability to stop a sin- ernizing our weapons for several rea- tleman from California [Mr. DORNAN] May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5077 last year; make no mistake about it. I Mr. DELLUMS. Mr. Chairman, I Ms. HARMAN. Mr. Chairman, I rise in oppo- urge my colleague to reject the gentle- would just say let us accept the effi- sition to the amendment offered by my friend man’s amendment. cacy of the gentleman’s argument that from New York, Mr. SOLOMON, to condition the Mr. SPENCE. Mr. Chairman, I move the Russians are bad guys. If they are, expenditure of funds for the Nunn-Lugar pro- to strike the last word. then those are the very people we want gram. Mr. Chairman, for those people who to help dismantle the weapons, so I ac- Mr. Chairman, Nunn-Lugar protects Amer- are in a mood to cut money and au- cept the gentleman’s argument and ican citizens from Russian missiles and nu- thorization from the defense bill, now come to a very different conclusion. clear warheads. Conditioning funds for this is their chance. Mr. SOLOMON. Mr. Chairman, if the program on our ability to influence Russian Mr. Chairman, I yield to the gen- gentleman will yield further, I would leaders on specific policy goals, however ad- tleman from New York [Mr. SOLOMON]. tell the gentleman from California, ac- mirable those goals are, is contrary to our own Mr. SOLOMON. Mr. Chairman, I cept my amendment. We will go to the national interests. thank the gentleman from South Caro- Senate and we will really accomplish Nunn-Lugar has been a successful program. lina for yielding to me. what both the gentleman and I want to Designed to meet the complex challenges Mr. Chairman, let me just praise the accomplish. which followed the break-up of the Soviet gentleman for the work he has done on Mrs. LOWEY. Mr. Chairman, I rise today in Union, it assures that weapons of mass de- this overall bill. It is a very good bill. strong opposition to these attempts to block struction, as well as the equipment, material, For those who think it is too much cooperative threat reduction funding to Russia. and services supporting them, are dismantled. money, let us point out that it is only Cooperative threat reduction, also known as Since 1992, over 3,800 nuclear warheads 2.4 percent more than was being spent Nunn-Lugar, is not foreign aid. It is an invest- have been removed from deployment, and last year. That hardly pays for the ment in United States security. This program over 800 launchers have been eliminated. raises for our military personnel. It reduces the threat to the United States from That's good for America. hardly pays for the housing improve- nuclear weapons and other weapons of mass Because of Nunn-Lugar, Russia is ahead of ments needed so desperately. I wanted destruction. Nunn-Lugar funding improves the schedule in meeting its obligations to reduce to say that about the overall bill. security of these weapons to keep them out of About my amendment, Mr. Chair- its number of warheads as set forth under the the hands of terrorists and aids in critical START agreement. That's good for America. man, 40 percent of Nunn-Lugar will denuclearization efforts in Russia, Kazakhstan, Nunn-Lugar has helped convert at least 17 continue to go ahead with or without Belarus, and Ukraine. any Presidential certification that I share many of the concerns raised in this Russian industrial facilities previously dedi- Russia is behaving itself in these areas amendment. I strongly support the sovereignty cated to building weapons to civilian manufac- we have been talking about. Forty per- of the independent states of the former Soviet turing. And it has redirected the work for more cent of that money will continue to go Union, and would oppose any efforts on Rus- than 11,500 former Russian weapons sci- to countries like Ukraine, who are sia's part to violate this independence. I also entists. good citizens, and countries like want to ensure that Russia is not providing as- As a result of this program, proliferation has Kazakhstan, who are good citizens, sistance to Iran, Iraq, Libya, or Syria. But this been halted. Kazakstan is nuclear-free, with who are actually out there destroying amendment is not the way to do that. more than 600 kilograms of weapons-grade missiles and warheads. Mr. Chairman, cooperative threat reduction uranium removed to the United States. By contrast, Russia is not destroying is strengthening U.S. security. Blocking fund- In the Ukraine, more than 460 nuclear war- one single warhead. Not one has been ing for these critical programs would only hurt heads and 46 SS±19 silos have been deacti- destroyed. They simply are taking U.S. efforts to expedite the dismantlement of vated because Nunn-Lugar provided the nec- them out of the old dilapidated, anti- weapons of mass destruction. I urge my col- essary heavy equipment to do so. In fact, both quated silos that they have now, they leagues to defeat this destructive amendment. the Ukraine and Belarus are expected to be- are laying them over here, and then Mr. STARK. Mr. Speaker, I rise today in op- come nuclear-free later this year. That, too, is they are building these new, highly position to the Solomon part A amendment to good for America. state-of-the-art silos and launching H.R. 3230, the fiscal year 1997 Defense Au- I don't doubt my friend's sincerity in wanting systems which they will take, and thorization Act. The Solomon amendment to change Russian behavior on a wide range these warheads, and put them back in would place restrictions on the cooperative of critical issues affecting our security and that these new silos. Where is the diminish- threat reduction denuclearization program in of Russia's neighbors. I agree with them. ing of a threat then? Russia. CTR is also known as the Nunn-Lugar But I believe a more effective approach to I am not going to use all this time program, after its bipartisan sponsors in the achieving the goals outlined in my friend's because we have to get on with the bill, Senate. amendment would be to engage the Russians but let me tell the Members, their nu- Nunn-Lugar provides for the release of directlyÐnot to cut funds on a program whose clear missiles threaten American secu- American funds to help speed the destruction greatest beneficiary is the United States. rity. Their weapons export sales to ter- of Russia's massive nuclear weapons stock- Let me repeat that, Mr. Chairman. We need rorist nations like Iran and Iraq and pile. Russia's nuclear weapons are often poor- to remember that the greatest beneficiary of Syria and Libya, that is what threat- ly guarded and the threat of nuclear terrorism, the Nunn-Lugar program is the United States, ens security of American citizens, both either through theft or illicit sales of Russian not Russia. To halt progress, even tempo- overseas and right here in America. fissile material, is all too real. The Nunn-Lugar rarily, on reducing the threat represented by Mr. Chairman, if Members are sincere program is a sensible approach to this serious the remaining Russian missiles and warheads about wanting to deal with these issues problem, and represents one of the best in- is to put our citizens, American citizens, at like the Russians modernizing their vestments we can make in our national secu- risk. equipment, if Members are interested rity. I respectfully urge my colleagues to vote in dealing with stopping them from The Solomon amendment requires that Rus- ``no'' on the amendment offered by my friend their biological and chemical weapons sia meet 10 conditions before funds could be from New York. development, and if they are interested released to Russia. While all of the conditions The CHAIRMAN. The question is on in stopping them from exporting nu- represent goals I would like to see reached, the amendment offered by the gen- clear technology to Iran and Cuba, 90 such as Russia's full withdrawal of troops from tleman from New York [Mr. SOLOMON]. miles off out shore, they will vote for Chechnya and Moldova, I do not believe it is The question was taken; and the the Solomon amendment. a good idea to allow Russia to maintain a Chairman announced that the ayes ap- Then they will go to conference with large, unsecure nuclear stockpile that might peared to have it. the Senate and pick out the most im- reach the hands of terrorists. If anything, we portant ones, perhaps, of my listed should raise the amount of money allocated to RECORDED VOTE items here. Then we will have held the destroying Russia's nuclear weapons instead Mr. DELLUMS. Mr. Chairman, I de- Russians’ feet to the fire. of trying to eliminate funding. mand a recorded vote. Mr. DELLUMS. Mr. Chairman, will The Solomon amendment is dangerous, un- A recorded vote was ordered. the gentleman yield? necessary, and effectively guts one of the best The vote was taken by electronic de- Mr. SPENCE. I yield to the gen- bipartisan programs around. I urge a ``no'' vote vice, and there were—ayes 202, noes 220, tleman from California. on the amendment. not voting 11, as follows: H5078 CONGRESSIONAL RECORD — HOUSE May 15, 1996 [Roll No. 170] Gordon Mascara Roth (3) add at the end (page 362, after line 16) Green (TX) Matsui Roybal-Allard the following: AYES—202 Gunderson McCarthy Rush (b) LIMITATION WITH RESPECT TO DEFENSE Gutierrez McDermott Sabo Allard Frisa Nethercutt CONVERSION ASSISTANCE.—None of the funds Andrews Funderburk Neumann Hall (OH) McHale Sanders Hamilton McKinney Sawyer appropriated pursuant to this or any other Archer Gallegly Ney Act may be obligated or expended for the Armey Gekas Norwood Harman McNulty Schroeder Bachus Gilchrest Nussle Hastings (FL) Meehan Schumer provision of assistance to Russia or any Baker (CA) Gillmor Oxley Hastings (WA) Meek Scott other state of the former Soviet Union to Baker (LA) Gilman Packard Hefner Menendez Serrano promote defense conversion, including as- Ballenger Goodlatte Pastor Hilliard Millender- Shays sistance through the Defense Enterprise Barr Goodling Pombo Hinchey McDonald Sisisky Fund. Bartlett Goss Porter Horn Miller (CA) Skaggs Barton Graham Portman Houghton Minge Skelton The CHAIRMAN. Pursuant to the Bass Greene (UT) Pryce Hoyer Mink Slaughter rule, the gentleman from New York Jackson (IL) Moakley Spratt Bateman Greenwood Quillen [Mr. GILMAN] and a Member opposed Bilirakis Gutknecht Quinn Jackson-Lee Mollohan Stark Bliley Hall (TX) Radanovich (TX) Montgomery Stenholm each will control 5 minutes. Blute Hancock Ramstad Jefferson Moran Stokes The Chair recognizes the gentleman Boehlert Hansen Riggs Johnson (SD) Morella Studds from New York [Mr. GILMAN]. Boehner Hastert Roberts Johnson, E. B. Murtha Stupak (Mr. GILMAN asked and was given Bonilla Hayes Rogers Johnston Nadler Tanner Bono Hayworth Rohrabacher Kanjorski Neal Taylor (MS) permission to revise and extend his re- Brownback Hefley Ros-Lehtinen Kaptur Oberstar Tejeda marks.) Bryant (TN) Heineman Roukema Kennedy (MA) Obey Thomas Mr. GILMAN. Mr. Chairman, I yield Kennedy (RI) Olver Thompson Bunn Herger Royce myself such time as I may consume. Bunning Hilleary Salmon Kennelly Ortiz Thornberry Burr Hobson Sanford Kildee Orton Thornton Mr. Chairman, this amendment is Burton Hoekstra Saxton King Owens Thurman about saving millions of taxpayer dol- Buyer Hoke Scarborough Kleczka Pallone Torres lars from being spent in Russia and the Callahan Hostettler Schaefer Klink Parker Towns Calvert Hunter Schiff Kolbe Payne (NJ) Upton other NIS States for dubious defense Camp Hutchinson Seastrand LaFalce Payne (VA) Velazquez conversion projects. Canady Hyde Sensenbrenner Lantos Pelosi Vento The bill before us, as reported by the Chabot Inglis Shadegg LaTourette Peterson (FL) Visclosky Committee on National Security, pro- Chenoweth Istook Shaw Leach Peterson (MN) Volkmer Christensen Jacobs Shuster Levin Petri Ward hibits any DOD moneys from being Chrysler Johnson, Sam Skeen Lewis (GA) Pickett Waters spent for defense conversion in the Clinger Jones Smith (MI) Lincoln Pomeroy Watt (NC) former Soviet Union. My amendment Lipinski Poshard Waxman Coble Kasich Smith (NJ) simply broadens that prohibition to Coburn Kelly Smith (TX) Lofgren Rahall Weldon (PA) Collins (GA) Kim Smith (WA) Longley Rangel Whitfield make certain that no United States Combest Kingston Solomon Lowey Reed Williams funds, DOD or otherwise, can be used to Condit Klug Souder Luther Regula Wilson promote defense conversion in the Cooley Knollenberg Spence Maloney Richardson Wise Cox LaHood Stearns Manton Rivers Woolsey former Soviet Union. Crane Largent Stockman Markey Roemer Wynn This amendment is being offered for Crapo Latham Stump Martinez Rose Yates two significant reasons: First, because Cremeans Laughlin Talent NOT VOTING—11 I believe it is important for the Con- Cubin Lazio Tate Cunningham Lewis (CA) Tauzin Chapman Holden Moorhead gress to go on record on whether it Deal Lewis (KY) Taylor (NC) Clayton Johnson (CT) Paxon wants to continue to support a profu- DeLay Lightfoot Tiahrt Flake McDade Torricelli sion of aimless and uncoordinated pro- Fowler Molinari Diaz-Balart Linder Torkildsen grams for defense conversion in the Dickey Livingston Traficant b Doolittle LoBiondo Vucanovich 1316 former Soviet Union; and, second, be- Dornan Lucas Walker The Clerk announced the following cause I am deeply frustrated the ad- Dreier Manzullo Walsh ministration continues to try and fund Duncan Martini Wamp pair: Dunn McCollum Watts (OK) On this vote: the defense enterprise fund. Ehrlich McCrery Weldon (FL) Mr. Paxon for, with Mr. Holden against. Let me address each of these. My col- Emerson McHugh Weller leagues, I want to make certain that Ensign McInnis White Messrs. NADLER, MATSUI, FORD of Everett McIntosh Wicker Tennessee, WYNN, and CHAMBLISS you know just how many separate and Ewing McKeon Wolf changed their vote from ‘‘aye’’ to ‘‘no.’’ overlapping programs are being uti- Fields (TX) Metcalf Young (AK) Mr. DOOLITTLE changed his vote lized to implement this so-called de- Flanagan Meyers Young (FL) fense conversion project. Foley Mica Zeliff from ‘‘no’’ to ‘‘aye.’’ Forbes Miller (FL) Zimmer So the amendment was rejected. First of all, there are already in ex- Fox Myers The result of the vote was announced istence several enterprise funds operat- Franks (CT) Myrick as above recorded. ing in the States of the former Soviet Union with financing provided through NOES—220 PERSONAL EXPLANATION the Freedom Support Act Program. Abercrombie Castle Durbin Mrs. CLAYTON. Mr. Chairman, during roll- There is the United States-Russia In- Ackerman Chambliss Edwards call vote No. 170 on H.R. 3230, the Solomon vestment Fund, the Western NIS En- Baesler Clay Ehlers amendment, I was unavoidably detained. Had Baldacci Clement Engel terprise Fund, and the Central Asian I been present, I would have voted ``no.'' Barcia Clyburn English American Enterprise Fund. Let us not Barrett (NE) Coleman Eshoo The CHAIRMAN. It is now in order to Barrett (WI) Collins (IL) Evans consider amendment No. A–2 printed in forget we already have the U.S. Export Becerra Collins (MI) Farr part A of the report. Bank, the U.S. Overseas Private Invest Beilenson Conyers Fattah Corporation, and the U.S. Trade and Bentsen Costello Fawell AMENDMENT A–2 OFFERED BY MR. GILMAN Investment Agency all working in this Bereuter Coyne Fazio Mr. GILMAN. Mr. Chairman, I offer Berman Cramer Fields (LA) direction. Bevill Cummings Filner an amendment. Have I mentioned the European Bank Bilbray Danner Foglietta The CHAIRMAN. The Clerk will des- for Reconstruction and Development, Bishop Davis Ford ignate the amendment. which we help fund, or the World Bonior de la Garza Frank (MA) The text of the amendment is as fol- Borski DeFazio Franks (NJ) Bank’s International Finance Corpora- Boucher DeLauro Frelinghuysen lows: tion, which works in the field of privat- Brewster Dellums Frost Amendment offered by Mr. GILMAN: In sec- ization and which we help fund, or our Browder Deutsch Furse tion 1103 (page 362, beginning on line 1)— Brown (CA) Dicks Ganske AID programs on privatization? (1) insert ‘‘(a) IN GENERAL.—’’ before ‘‘None Brown (FL) Dingell Gejdenson of the funds’’; In short, we need to slow down, step Brown (OH) Dixon Gephardt back and ask do we need all of these Bryant (TX) Doggett Geren (2) strike out paragraph (3) and redesignate Campbell Dooley Gibbons paragraphs (4) and (5) as paragraphs (3) and programs and determine exactly what Cardin Doyle Gonzalez (4), respectively; and we are achieving. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5079 I want to make certain that we ap- And the gentleman is the chairperson. cisions, then comes to the defense au- preciate the enormity of the task we He has the power and the authority to thorization bill to offer an amendment are facing. One estimate is it will cost call the Secretary before the commit- to ban the process. over $150 billion and will take 12 to 15 tee. I would suggest, sir, this flies in the years to convert just Russia’s defense Now, with the remaining time, let me face of intelligent and rational process industry, much less any of the other make a few remarks. The Gilman and procedure, and this is one gen- FSU States. Is that something that amendment attacks the defense enter- tleman that feels that whether we dis- this Congress is prepared to take on, prise fund because of the Secretary of agree on the policy matters, the place even in small part? Defense’s request that it be funded where we ought to always be willing to Now, with respect to the defense en- from foreign operations appropriations. come together is on orderly process, in- terprise fund, that fund, known as Last year the Secretary was told in no telligent procedure, and dignified ac- DEF, is a prime example of why we uncertain terms, Mr. Chairman, and I tivities as we debate these matters. should not fund defense conversion am a member of the committee that I think this is premature, I think it projects. The DEF is a so-called private told him that, ‘‘Do not request defense is unfair, I think it makes no sense, venture capital fund whose purpose is funds for this program. If you want and I ask my colleagues to reject the to finance joint ventures and promote them, then secure them from foreign amendment. defense conversion in the former So- aid accounts.’’ That is what he was told Mr. Chairman, I reserve the balance viet Union. The GAO reports that DOD by the House Committee on National of my time. Mr. GILMAN. Mr. Chairman, I yield officials believe that we need to cap- Security. Because the Committee on Inter- myself such time as I may consume. italize that fund at a minimum of $120 Mr. Chairman, the gentleman is en- national Relations had not given the million in order for that fund to be via- tirely correct in stating no hearings Secretary an opportunity to testify on ble and self-sustaining. I note that the have been held on the recently submit- this issue, it seems to me it is unfair, DEF has not raised one dollar in pri- ted fiscal year 1997 budget on this premature, to pass an amendment pro- vate fund raising to date. issue. I would note that the Committee hibiting any expenditures, when the So where are we going to find the on International Relations has been maker of the motion has the authority $120 million in U.S. taxpayer subsidies? closely involved in the Nunn-Lugar To date DOD has agreed to provide $30 to call the Secretary before the com- program since its inception in 1991, and million, and that is it. The Congress mittee. Let the Secretary make his has held numerous hearings in past has made clear that no more money is case. If the Committee on Foreign Af- years on the program. The issue of de- coming from the defense budget for the fairs rejects the offers, then they fense conversion, and in particular of DEF. So what did the administration should zero out the request. the Defense Committee’s desire to cur- This amendment is premature. It do? They transferred responsibility for tail funding for defense conversion and funding and implementation of the sends all the wrong signals to the Rus- other activities such as housing, envi- DEF in fiscal year 1997 from the De- sians about our willingness to help ronmental restoration, are familiar to partment of Defense to the Department them to meet our common security re- all of us. of State. This follows a pattern of quirements of preventing the prolifera- That is why it is so frustrating to transferring other CTR programs to tion of the technology and information note that, without any consultation the 150 budget function, including plac- on weapons of mass destruction. I urge with the Congress, the responsibility ing the export control programs under my colleagues to oppose this. for funding and implementing defense the nonproliferation and disarmament Mr. Chairman, let me make a few fur- conversion activities in the former So- Fund. I do not need to explain to any ther comments. If Nunn-Lugar is de- viet Union for fiscal year 1997 has been one here the absurdity of finding extra signed to prevent nuclear weapons pro- entirely transferred to the Inter- money in foreign assistance funds to liferation, one needs to be concerned national Affairs budget. I do not need support this fund. It is not there and it with scientific expertise as well as the to convene exhaustive hearings or even never will be. nuclear materials themselves. one hearing to know we do not have So let us send a message to the ad- It is remarkably shortsighted, Mr. the resources to do all of this. ministration that this Congress does Chairman, to disallow expenditures in Mr. DELLUMS. Mr. Chairman, I not see how our national security in- which efforts can be made that estab- yield myself the balance of my time. terests are being served by spending lish such a program that would make The CHAIRMAN. The gentleman our hard earned taxpayers’ dollars for sense to the overall program objec- from California [Mr. DELLUMS] is rec- defense conversion. Let us put the DEF tives. Because of the notification re- ognized for 45 seconds. out of business once and for all. I ask quirements imposed on this program, Mr. DELLUMS. Mr. Chairman, in 45 my colleagues to support this amend- Congress will always have the oppor- seconds let me reiterate, the adminis- ment. tunity, will always have the oppor- tration submits a budget request. In Mr. Chairman, I reserve the balance tunity to review in advance the type of this instance, they submitted a budget of my time. activities against which obligations request based upon what we asked Mr. DELLUMS. Mr. Chairman, I rise are purported to be placed. them to do. We said ‘‘Don’t spend de- in opposition to the gentleman’s One final comment. It seems espe- fense dollars.’’ The Secretary said, amendment. cially troublesome, now that the ad- ‘‘OK. Whether I agree or disagree, that The CHAIRMAN. The gentleman ministration has been responsive to is what you said, that is what I will from California [Mr. DELLUMS] is rec- Congress’ demand not to spend defense do.’’ ognized for 5 minutes. dollars on these types of efforts, ex- Now it seems to me orderly process Mr. DELLUMS. Mr. Chairman, I penditures that are fully justified in means that the Committee on Inter- yield myself such time as I may themselves as national security activi- national Relations should then, if they consume. ties, but that was the will of the body, had any question, call the Secretary Mr. Chairman, first of all, the author that the effort is now launched to close before the committee and allow the of the amendment, the distinguished off other avenues of supporting such Secretary to make his case. If it does gentleman from New York, is the high priority activities. not make sense, you can zero it out. chairperson of the appropriate commit- My point is very simple: If the body But to do it without even holding hear- tee. This is less about dollars than it is said to the Secretary of Defense, ings, without even bringing the Sec- about orderly process and procedure. ‘‘Don’t spend defense dollars for this retary, who simply responded to Con- Let the Secretary come before the high priority matter; put them in a for- gress’ request, does not make sense. distinguished gentleman’s committee eign affairs account, put them in that Again, I press my point, defeat this and make the case. If the gentleman account,’’ then the chairperson of the amendment. It makes no sense. opposes what he wants to do, then zero Committee on International Relations, Mr. HAMILTON. Mr. Chairman, the Gilman it out. But to come here prematurely who had the authority to bring the amendment prohibits defense conversion. It to offer a ban flies in the face of appro- Secretary before the committee, have prohibits, in particular, funds for the Defense priate process and dignified procedure. appropriate testimony, make some de- Enterprise Fund. H5080 CONGRESSIONAL RECORD — HOUSE May 15, 1996 To date, the Defense Enterprise Fund has This amendment harms nonproliferation, be- the transfer of these ships with their continued received $30 million. The request for fiscal cause defense conversion is an important part repair at U.S. shipyards over the lifetime of the year 1997 is for $20 million. This request is of the work of the International Science and vessel. The Secretary should request that ``to not from the Defense Department budget, but Technology Centers, where crack Russian and the maximum extent possible'' host countries from the foreign affairs (150) budget, in the ju- Ukrainian scientists work on peaceful projects repair these ships at American shipyards. Ad- risdiction of the International Relations Com- instead of weapons design. ditionally, the Secretary should inform host mittee. Second, this amendment applies to all ac- countries that the United States will look favor- The goal of the Defense Enterprise Fund is tivities of the United States Government in the ably on future transfers if the repair work over to spark the process of defense conversion. former Soviet UnionÐpast, present, and fu- the lifetime of the ships is performed at Amer- The Fund, while small in size, serves as an ture. This amendment will stop current obliga- ican shipyards. important model to reorient enterprises from tions and expenditures. It will stop programs in As most of my colleagues know, the De- producing weapons of mass destruction to their tracks. It will require the review and re- fense Base Closure and Realignment Com- producing civilian goods. This Fund, and other writing of hundreds of existing contracts. This mission [BRAC] closed the ship repair facility U.S. Government activities, are a critical part amendment should be renamed the Paper- [SRF] on Guam last year. SRF-Guam is facing of the Cooperative Threat Reduction Program. work Creation Act. a difficult transition on its way to becoming a So what has the Fund achieved to date? It Third, this amendment is contrary to under- privatized facility and is looking for repair work has made 7 investments, and has achieved a standings the administration reached last year on which to bid. Since Guam is the only Amer- leverage ratio of $6 of outside funds for every with the defense committees. Last year, those ican shipyard within about 4,000 miles of New dollar committed by the U.S. Government. committees told the administration: ``Defense Zealand, Taiwan and Thailand, it is my hope Those investments bring U.S. firms into part- conversion doesn't belong in the defense bill.'' that some of the six vessels which are trans- nership with former defense firms. Completed The administration listened. It shifted that ferred to them will be repaired at a newly deals include converting nuclear sub parts to funding request this year to the international privatized SRF-Guam. earthmovers; converting military electronics to affairs (150) budget. The repair of some of these ships at SRF- IBM and minicomputer software; converting Now, the chairman of the International Rela- Guam not only serves Guam's interest, but IBCM telemetry to civilian telecommunications; tions Committee has had the administration's furthers the Pentagon's long-term national se- and converting nuclear weapons design to budget request for about a month He has not curity goals in the region. The Pentagon has wood sterilization, to kill bugs in Russian tim- held a single hearing, or a single briefing for long-term requirements in the Western Pacific ber. Members on defense conversion. He has not which are better served by an SRF on U.S. The Defense Enterprise Fund is small, but heard testimony on the administrations re- soil in Guam. Over the next few years, a suc- its work is a triple win for the United StatesÐ quest for the New Independent States from ei- cessful transition for SRF will require a certain a win for United States security, a win for Unit- ther the State or Defense Departments. base workload from Naval vessels. ed States business, and a win for the new en- Few members of the International Relations Guam's geographic location in the Western terprises struggling to build a free market Committee know anything about this defense Pacific makes it an ideal location for the repair economy in Russia. conversion request. of vessels in the region, including the six Navy The Gilman amendment kills funding for the I am hard pressed to understandÐin the vessels being transferred to New Zealand, Defense Enterprise Fund. Not only that, it has context of a defense bill that is $12.4 billion Taiwan and Thailand. But SRF-Guam requires several other harmful impacts: above the administration's requestÐwhy the Secretary Perry to go to bat for it in negotia- First, this amendment is so broadly written House needs to act today to block a $20 mil- tions. I understand the Secretary has the stat- that it threatens to shut down much of the lion request in the foreign affairsÐ150Ðbudg- utory authority to request from host nations re- work of the United States Government in the et in another committee's jurisdiction. pair these vessels at U.S. shipyard. In next former Soviet Union. That country was very I would urge the chairman not to rush to year's transfer bill, I look forward to working heavily militarized. So much of what the Unit- judgment. I would urge him to withdraw this with Chairman GILMAN and other interested ed States does to promote economic reform in amendment, let the International Relations Members on specific provisions which will re- the New Independent States also has some Committee review the request, and let the quire ``to the maximum extent possible'' the re- aspect of defense conversion. committee do its work. pair of these ships at U.S. shipyards over the This amendment harms U.S. trade and in- Mr. UNDERWOOD. Mr. Chairman, I rise lifetime of the vessels. vestment. The Overseas Private Investment today to support a provision sponsored by A Secretary Perry implements this program Corporation [OPIC] to date has approved Chairman GILMAN which is included in the en and sets conditions for the transfer of the ves- more than $500 million in finance and insur- bloc amendment. I commend Chairman GIL- sels, I strongly encourage him to link the ance support for defense conversion projects, MAN for his work on this important issue, and transfer of the vessels to their continued repair 5 of them in Russia. Under this amendment, for his inclusion of language in the amend- and to use his leverage to benefit American OPIC would have to pull the plug on these ment which will favorably impact on repair workers at U.S. shipyards. Again, I thank projects. work at American shipyards. Chairman GILMAN for his work on this issue The trade and development agency has ap- The Gilman amendment is the text of H.R. and for offering this amendment today. I urge proved 16 projects in the NIS related to de- 3221, which passed the House of Representa- my colleagues to support the en bloc amend- fense conversion and the promotion of U.S. tives by voice vote on April 16. Among other ment. exports. Eleven of them are still in progress. things, it authorizes the transfer of 10 naval Under this amendment, TDA would have to vessels to six different nations, within 2 years b 1330 pull the plug on those projects. after the enactment of the bill. The CHAIRMAN. The question is on This amendment harms Department of Under the provisions of the amendment, 6 the amendment offered by the gen- Commerce programs, including the SABIT of the 10 vessels will be sold or leased to tleman from New York [Mr. GILMAN]. program, which trains business leaders from three nations in the Western Pacific. New Zea- The question was taken; and the the NIS to privatize and restructure enter- land will buy one hydrographic ocean surveil- Chairman announced that the noes ap- prises, including defense enterprises. lance ship, Taiwan will buy three frigates and peared to have it. This amendment harms the work of Com- lease one tank landing ship and Thailand will RECORDED VOTE merce's BISNIS center, which helps U.S. firms buy one frigate. Mr. GILMAN. Mr. Chairman, I de- find NIS partners, including former defense As a condition of transfer, the amendment mand a recorded vote. enterprises, for mutual economic benefit in ci- directs the Secretary of Defense to require A recorded vote was ordered. vilian production. that any necessary repair or refurbishment of The vote was taken by electronic de- This amendment harms market economic such vessels will be performed at a U.S. ship- vice, and there were—ayes 249, noes 171, reform. It could stop the ability of the United yard. However, it is my understanding that the not voting 13, as follows: States to help with the next stage of privatiza- requirement to repair these vessels at an tion in Russia. The next stage of privatization American shipyard ceases after the transfer is [Roll No. 171] involves cash auctions and tender offers for complete. AYES—249 shares in strategic industries. This amendment I would take the repair requirement a step Andrews Baker (CA) Barrett (NE) could harm United States assistance for pri- further than the current language of the Archer Baker (LA) Bartlett Armey Baldacci Barton vatization in Ukraine and the Baltic States in amendment. In implementing this program, I Bachus Ballenger Bass a similar way. would urge the Secretary of Defense to link Baesler Barr Bateman May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5081

Bilbray Greene (UT) Oxley Gephardt Markey Rush Amendment offered by Mr. KLUG: Strike Bilirakis Gunderson Packard Gibbons Matsui Sabo out section 743 (page 297, line 12, through Blute Gutknecht Parker Gonzalez McCarthy Sanders page 298, line 2), relating to continued oper- Boehlert Hall (TX) Pastor Gordon McDermott Sawyer ation of the Uniformed Services University Boehner Hancock Peterson (MN) Green (TX) McHale Schroeder Bonilla Hansen Petri Greenwood McKinney Schumer of the Health Sciences, and insert in lieu Bono Hastert Pombo Gutierrez McNulty Scott thereof the following new section: Brewster Hastings (WA) Porter Hall (OH) Meehan Serrano SEC. 743. UNIFORMED SERVICES UNIVERSITY OF Brownback Hayes Portman Hamilton Meek Sisisky THE HEALTH SCIENCES AND ARMED Bryant (TN) Hayworth Pryce Harman Menendez Skaggs FORCES HEALTH PROFESSIONS Bunn Hefley Quillen Hastings (FL) Millender- Slaughter SCHOLARSHIP AND FINANCIAL AS- Bunning Heineman Quinn Hefner McDonald Spratt SISTANCE PROGRAM. Burr Herger Radanovich Hilliard Miller (CA) Stark (a) CLOSURE OF USUHS REQUIRED.—Section Burton Hilleary Rahall Hinchey Minge Stokes 2112 of title 10, United States Code, is amend- Buyer Hobson Ramstad Horn Mink Studds ed— Callahan Hoekstra Regula Hoyer Moakley Stupak (1) in subsection (c)— Calvert Hoke Riggs Jackson (IL) Mollohan Tanner (A) by inserting ‘‘and the closure’’ after Camp Hostettler Roberts Jackson-Lee Moran Tejeda Roemer (TX) Nadler Thompson ‘‘The development’’; and Canady Houghton (B) by striking out ‘‘subsection (a)’’ and in- Castle Hunter Rogers Jefferson Neal Thornton Chabot Hutchinson Rohrabacher Johnson (SD) Oberstar Thurman serting in lieu thereof ‘‘subsections (a) and Chenoweth Hyde Ros-Lehtinen Johnson, E. B. Obey Torres (b)’’; and Christensen Inglis Rose Johnston Olver Torricelli (2) by striking out subsection (b) and in- Chrysler Istook Roth Kanjorski Ortiz Towns serting in lieu thereof the following new sub- Clinger Jacobs Roukema Kennedy (MA) Orton Velazquez section: Coble Johnson (CT) Royce Kennedy (RI) Owens Vento ‘‘(b)(1) Not later than September 30, 2000, Coburn Johnson, Sam Salmon Kennelly Pallone Visclosky the Secretary of Defense shall close the Uni- Collins (GA) Jones Sanford Kildee Payne (NJ) Volkmer versity. To achieve the closure of the Univer- Saxton Kleczka Payne (VA) Ward Combest Kasich sity by that date, the Secretary shall begin Condit Kelly Scarborough LaFalce Pelosi Waters Cooley Kim Schaefer Lantos Peterson (FL) Watt (NC) to terminate the operations of the Univer- Costello King Schiff Levin Pickett Waxman sity beginning in fiscal year 1997. On account Cox Kingston Seastrand Lewis (GA) Pomeroy Williams of the required closure of the University Crane Klink Sensenbrenner Lipinski Poshard Wilson under this subsection, no students may be Crapo Klug Shadegg Lofgren Rangel Wise admitted to begin studies in the University Cremeans Knollenberg Shaw Lowey Reed Woolsey after the date of the enactment of this sub- Cubin Kolbe Shays Luther Richardson Wynn section. Cunningham LaHood Shuster Maloney Rivers Yates ‘‘(2) Section 2687 of this title and any other Skeen Manton Roybal-Allard Davis Largent provision of law establishing preconditions Deal Latham Skelton Diaz-Balart LaTourette Smith (MI) NOT VOTING—13 to the closure of any activity of the Depart- Dickey Laughlin Smith (NJ) Allard Ehrlich McDade ment of Defense shall not apply with regard Doolittle Lazio Smith (TX) Brown (CA) Flake Molinari to the termination of the operations of the Dornan Leach Smith (WA) Chapman Ford Paxon University or to the closure of the Univer- Doyle Lewis (CA) Solomon Conyers Holden sity pursuant to this subsection.’’. Dreier Lewis (KY) Souder DeLay Kaptur (b) FINAL GRADUATION OF USUHS STU- Spence Duncan Lightfoot DENTS.—Section 2112(a) of such title is Stearns b Dunn Lincoln 1350 amended— Stenholm Edwards Linder (1) in the second sentence, by striking out Ehlers Livingston Stockman The Clerk announced the following ‘‘, with the first class graduating not later Emerson LoBiondo Stump pair: English Longley Talent On this vote: than September 21, 1982.’’ and inserting in Ensign Lucas Tate lieu thereof ‘‘, except that no students may Everett Manzullo Tauzin Mr. Paxon for, with Ms. Kaptur against. be awarded degrees by the University after Ewing Martinez Taylor (MS) Messrs. BOEHNER, BALDACCI, KA- September 30, 2000.’’; and Taylor (NC) Fawell Martini SICH, and EDWARDS changed their (2) by adding at the end the following new Fields (TX) Mascara Thomas sentence: ‘‘On a case-by-case basis, the Sec- Flanagan McCollum Thornberry vote from ‘‘no’’ to ‘‘aye.’’ retary of Defense may provide for the contin- Tiahrt Foley McCrery So the amendment was agreed to. ued education of a person who, immediately Forbes McHugh Torkildsen The result of the vote was announced Fowler McInnis Traficant before the closure of the University under Fox McIntosh Upton as above recorded. subsection (b), was a student in the Univer- Franks (CT) McKeon Vucanovich PERSONAL EXPLANATION sity and completed substantially all require- Franks (NJ) Metcalf Walker ments necessary to graduate from the Uni- E Frelinghuysen Meyers Walsh Mr. D LAY. Mr. Chairman, on rollcall No. versity.’’. Frisa Mica Wamp 171, I was unavoidably detained. Had I been (c) TERMINATION OF USUHS BOARD OF RE- Watts (OK) Funderburk Miller (FL) present, I would have voted ``aye.'' GENTS.—Section 2113 of such title is amended Weldon (FL) Gallegly Montgomery The CHAIRMAN. It is now in order to by adding at the end the following new sub- Ganske Moorhead Weldon (PA) Gekas Morella Weller consider amendment No. 4 printed in section: Geren Murtha White part B of the report. Does the gen- ‘‘(k) The board shall terminate on Septem- Gilchrest Myers Whitfield tleman from South Carolina [Mr. ber 30, 2000, except that the Secretary of De- Gillmor Myrick Wicker fense may terminate the board before that Gilman Nethercutt Wolf SPRATT] wish to offer his amendment? date as part of the termination of the oper- Goodlatte Neumann Young (AK) If not, it is now in order to consider ations of the University under section 2112(b) Goodling Ney Young (FL) amendment No. 7 printed in part B of of this title.’’. Zeliff Goss Norwood the report. Does the gentleman from (d) PROHIBITION ON USUHS RECIPROCAL Graham Nussle Zimmer Wisconsin [Mr. NEUMANN] wish to offer AGREEMENTS.—Section 2114(e)(1) of such title is amended by adding at the end of the fol- NOES—171 his amendment? lowing new sentence: ‘‘No agreement may be Abercrombie Campbell Dicks If not, it is now in order to consider entered into under this subsection after the Ackerman Cardin Dingell amendment No. 13 printed in part B of date of the enactment of this sentence, and Barcia Chambliss Dixon the report. Does the gentleman from all such agreements shall terminate not Barrett (WI) Clay Doggett Becerra Clayton Dooley Texas [Mr. EDWARDS] wish to offer his later than September 30, 2000.’’. Beilenson Clement Durbin amendment? (e) CONFORMING AMENDMENTS REGARDING Bentsen Clyburn Engel If not, it is now in order to consider USUHS.—(1) Section 178 of such title, relat- Bereuter Coleman Eshoo amendment No. 14 printed in part B of ing to the Henry M. Jackson Foundation for Berman Collins (IL) Evans the Advancement of Military Medicine, is Bevill Collins (MI) Farr the report. amended— Bishop Coyne Fattah AMENDMENT NO. 14 OFFERED BY MR. KLUG (A) in subsection (b), by inserting after Bliley Cramer Fazio Mr. KLUG. Mr. Chairman, I offer an ‘‘Uniformed Services University of the Bonior Cummings Fields (LA) Health Sciences,’’ the following: ‘‘or after Borski Danner Filner amendment. the closure of the University, with the De- Boucher de la Garza Foglietta The CHAIRMAN. The Clerk will des- partment of Defense,’’; Browder DeFazio Frank (MA) ignate the amendment. Brown (FL) DeLauro Frost (B) in subsection (c)(1)(B), by striking out Brown (OH) Dellums Furse The text of the amendment is as fol- ‘‘the Dean of the Uniformed Services Univer- Bryant (TX) Deutsch Gejdenson lows: sity of the Health Sciences’’ and inserting in H5082 CONGRESSIONAL RECORD — HOUSE May 15, 1996 lieu thereof ‘‘a person designated by the Sec- said this is just too expensive to do it military medical readiness, as well as retary of Defense’’; and that way. In 1976, the General Account- medical recruiting and retention. (C) in subsection (g)(1), by inserting after ing Office, just 3 years after the pro- The proposal to close the school is ‘‘Uniformed Services University of the gram was founded said the same thing, based on a very selective and mislead- Health Sciences,’’ the following: ‘‘Or after the closure of the University, the Secretary it is not cost effective for the Depart- ing use of the GAO study results. While of Defense’’. ment of Defense to run its own medical the GAO report did indeed find the Uni- (2) Section 466(a)(1)(B) of the Public Health school. formed Services University of the Service Act (42 U.S.C. 286a(a)(1)(B)), relating Mr. Chairman, it seems to me Repub- Health Sciences to be the most expen- to the Board of Regents of the National Li- licans should be about privatization sive source of military physicians, brary of Medicine, is amended by striking more so than anything else, and you when comparing educational costs out ‘‘the Dean of the Uniformed Services have to ask us why today we were run- only, it also found that when all Fed- University of the Health Sciences,’’. ning for plants and printing offices and eral costs are considered, the cost of a (f) CLERICAL AMENDMENTS.—(1) The head- ing of section 2112 of title 10, United States what are we doing in the medical university graduate is comparable to Code, is amended to read to read as follows: school business? Well, that was 20 that of the scholarship program grad- ‘‘§ 2112. Establishment and closure of Univer- years ago. uates. sity’’. So last year we came back one more The chart for which the gentleman (2) The item relating to such section in the time and asked the General Accounting just referred does not take into ac- table of sections at the beginning of chapter Office again to take a look at the mili- count all Federal costs. It does not 104 of such title is amended to read as fol- tary school run by the U.S. military in spread out all costs on the years of lows: Bethesda. Do my colleagues know what service or, in fact, take in the require- ‘‘2112. Establishment and closure of Univer- they came back and said? For every ment of having to militarily train sity.’’. scholarship program student in the these doctors. This action is pre- (g) ACTIVE DUTY COMMITMENT UNDER country, it cost $125,000. For everybody mature. It would be premature to un- SCHOLARSHIP PROGRAM.—(1) Section 2123(a) who comes out of Bethesda, it is over a dertake an action that could have a of title 10, United States Code, is amended by half million dollars, $556,000. significant impact on both the depart- striking out ‘‘one year for each year of par- Now, proponents will point out that ment’s short-term and long-term abil- ticipation in the program’’ and inserting in students who go through the medical lieu thereof ‘‘seven years following comple- ity to recruit and train physicians to tion of the program’’. school tend to stay in the military a perform the department’s medical re- (2) The amendment made by paragraph (1) little bit longer than folks who come quirements. shall apply with respect to members of the through the private scholarship pro- The GAO report also relied upon the Armed Forces Health Professions Scholar- gram. So our amendment does a second 733 study which before our Subcommit- ship and Financial Assistance program who thing as well as phasing out the medi- tee on Military Personnel was slam- first enroll in the program after the date of cal school. It says that what we are dunked. Not only was it slam-dunked the enactment of this Act. going to do is that everybody who goes by a lot of the chiefs, it was slam- The CHAIRMAN. Pursuant to the through the scholarship program also dunked by the Democrats and Repub- rule, the gentleman from Wisconsin has to go make a 7-year commitment licans in attendance, to also include [Mr. KLUG] and a Member opposed each to the service the same way they are if Dr. Steven Joseph. So I think it is pre- will control 5 minutes. they graduate from the DOD’s medical mature for us to act at this time. The Chair recognizes the gentleman school in Bethesda. The GAO report also, I would cite, from Wisconsin [Mr. KLUG]. Mr. Chairman, we think we have a states the alternative strategy to meet Mr. KLUG. Mr. Chairman, I yield my- very commonsense amendment in front DOD’s long-term enrichment needs self such time as I may consume. of us. It takes a program that is almost could include an enrichment compo- Mr. Chairman, what we are going to four times more expensive than what it nent, in other words, stretching out the talk about for the next few minutes is cost to send people to the best medical tenure in which someone serves. That the subject of military physicians. In schools in the country, phases out the is much what the gentleman is requir- 1972, in order to guarantee there were medical school class, raises the schol- ing in his amendment. But this amend- enough physicians in the military, we arship program requirement for serv- ment only provides for that longer ob- took two steps in Congress. One was to ice. We think we save taxpayers money ligation. set up a scholarship program to send and at the same time get just as quali- b 1400 medical students to places like the fied a supply of military physicians in University of Wisconsin in Madison, order to serve this country’s needs. It does not include any additional and to Harvard, and to Virginia, and to Mr. Chairman, I reserve the balance benefits or training that would entice Stanford, and Chicago, and Nebraska, of my time. physicians to accept a longer obliga- and any university you might want to Mr. BUYER. Mr. Chairman, I rise in tion. pick out. At the same time, we estab- opposition to the amendment. Mr. Chairman, I reserve the balance lished in Bethesda, MD, the Depart- The CHAIRMAN. The gentleman of my time. ment of defense’s very own medical from Indiana [Mr. BUYER] is recognized Mr. KLUG. Mr. Chairman, I yield my- school. for 5 minutes. self such time as I may consume. Now, that was 1972. Just 3 years Mr. BUYER. Mr. Chairman, I yield Mr. Chairman, let me point out to later, in 1975, the Defense Manpower myself 2 minutes. my colleague and good friend from In- Commission reported that, quote, it Mr. Chairman, I applaud the gen- diana that actually over the course of was an unjustifiably costly method to tleman from Wisconsin for his efforts the last 20 years when this program has meet current and future procurement to save money, but he has chosen the been in effect, there have been no more and retention goals for military profes- wrong target. There have been no hear- than 15 separate studies that have been sional and medical personnel. Three ings or an in-depth analysis of the ef- done on it, including hearings in the years after the medical school in Be- fects of closing the university. In fact, Committee on Armed Services in 1994, thesda was started, it cost $200,000 for the GAO report, which he just cited 1992, and 1991. each graduate, and the scholarship pro- says: As Congress makes decisions re- Mr. Chairman, I yield 1 minute to the gram cost each student just $34,000. garding both physician accession pro- gentleman from Florida [Mr. FOLEY]. Now keep in mind today as we kind of grams, it will need information not Mr. FOLEY. Mr. Chairman, today I run through this list of how expensive only about the programs’ relative rise in support of the Klug amendment this school is that today the school in costs, but also about their effects on to phase out the Uniformed Services Bethesda only provides about 11 per- the short- and long-term requirements University of the Health Sciences, the cent of the doctors in the United for military physicians and the value Defense Department’s very own medi- States armed services. of the other university activities. cal school. In 1975, a House Appropriations Com- Acting without an understanding of What this debate is about is setting mittee backed up the study done by the the full implications of these actions priorities at the Pentagon, eliminating Defense Manpower Commission and could have a devastating impact upon duplicative functions and finding more May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5083 cost-effective measures to train our de- USUHS costs $181,575 per year per stu- give? It is $556,000 per student, but we fense forces as we enter the 21st cen- dent. Alternative costs are $181,169. get on the average a 18-year doc for the tury and the limited Federal dollars The difference is $406; $406. military. It is $125,000 here if we do which will be available as we prepare Now, what does that $406 buy? Higher strictly scholarships, but we only get to balance the budget by the year 2002. retention rates; the expected service of about 6 years of service to our country. Let us make is clear that DOD cur- USUHS’ graduates is 1.9 times higher So we are going to have an experienced rently offers tracks for training of than the alternative, and GAO says doctor corps if we stay with the school. medical personnel, and clearly one is that; better care. DOD data indicates Vote ‘‘no’’ on this amendment. more taxpayer-friendly. In 1995 the that university graduates are cited for Mr. SPENCE. Mr. Chairman, I move General Accounting Office concluded fewer adverse clinical privileging ac- to strike the last word. that the DOD medical school is more tions than other military physicians. Mr. Chairman, I yield to the gen- costly to educate and retain graduates That is a direct quote. tleman from Mississippi [Mr. MONT- than the health professional scholar- Increased readiness; all of the com- GOMERY]. ship program run by that same organi- manders of major military units pro- Mr. MONTGOMERY. Mr. Chairman, I zation. Clearly, from the charts, ceed to physicians from the university, rise in opposition to the Klug amend- $566,000 compared to $126,000 is a clear have a greater overall understanding of ment. savings to the taxpayers. Yes, $250 mil- the military rate of commitment to During the Persian Gulf war, if we lion will be saved over 5 years. DOD the military, better preparation for op- would have had casualties that would graduates from their medical school erations, assignments, better leader- have been higher or even normal, Mr. make up only 11 percent of all military ship for leadership roles and prepara- Chairman, we would have had to imple- school graduates while the balance tion. ment the draft of doctors. We did not comes from the scholarship program. Support the best medical care for our have enough doctors. We did not have Clearly, out of the total 987 graduates, troops. Vote ‘‘no’’ on Klug. them then, and we do not have them 155 were from DOD. Mr. KLUG. Mr. Chairman, I just have now. I urge the passage of the Klug amend- 1 minute remaining. I yield myself the Now, as the gentleman from Virginia ment. balance of my time. [Mr. PICKETT] has said, we want the Mr. BUYER. Mr. Chairman, I yield 2 If I could, I want to rebut a couple of best. Now, the Uniformed Services Uni- minutes to the gentleman from Vir- arguments that have been made. My versity, they train medical students. ginia [Mr. PICKETT], the ranking mem- colleague from the other side of the These medical students know how to ber of the Subcommittee on Personnel. aisle made the argument to say we treat wounds, and then when they Mr. PICKETT. Mr. Chairman, I thank need the best physicians possible for graduate, they go out and train other the gentleman for yielding this time to the armed services, and I do not dis- doctors. me, and, Mr. Chairman and Members, I agree. But I think we can train them at The American Legion and VFW have would say that money is not the issue Harvard and Stanford and Chicago and done a study. They oppose this amend- here. We do not try to buy the cheapest Virginia and Wisconsin and Michigan, ment, plus 20 military retirees associa- rifles for our military; we do not try to Northwestern and any other schools tions oppose the amendment, and we buy the cheapest artillery. We try to across the country, and we are not are talking about 5 million members in buy the very best for our military peo- sending them to bargain-rate univer- this group I have just mentioned. ple, and we want them to have this as sities. For $125,000 we can do it at the Please vote against this amendment. far as health care is concerned, too. best medical schools in the United Mr. SPENCE. Mr. Chairman I yield This resource is vital to our Nation’s States. to the gentleman from Florida [Mr. security. Military officers who are Now, second, my colleague from WELDON]. trained in multiple care disciplines get Maryland indicated that we somehow Mr. WELDON of Florida. Mr. Chair- the military culture and a military ca- misread the GAO numbers. This is a man, I thank the gentleman for yield- reer commitment at the same time. Congressional Budget Office analysis ing to me, and I believe that I can ad- Military officers at this school are pre- that says, based on figures from 1994, dress this issue from a unique perspec- pared and are tuned to the needs of a USUHS is the most expensive source of tive in that I am a physician who par- joint force. They go to school, and they military physicians at $562,000 a per- ticipated in the health profession work together jointly so when they son. By comparison, scholarships cost scholarship program. I worked my way come out they do not have to be $125,000, and the financial assistance through college, and I did not want to trained in joint activities. They also program and the volunteers program borrow money to go to medical school, get the essential background and mili- range in cost from $19,000 to $58,000. and I was very attracted to the schol- tary doctrine and leadership, a very Mr. Chairman, in a world in which we arship program. I remember distinctly important component for those people had all the money to spend, I think it sitting down in my parents’ dining who are committed to a career in mili- would be a terrific idea to keep up and room and figuring out what it would tary medicine. to maintain the Department of De- cost me to borrow my way through This is a national resource that pro- fense’s kind of old and private little medical school versus going into the vides a center for joint medical doc- military medical school castle, but I military. trine and research, and without this think at a time when we are asking Now, I have to say the main reason I backbone for the military medical every single Government agency to went into the military was that I real- community in our country we would be tighten its belt, we can no longer jus- ly felt the Good Lord was leading me to far less prepared and we will not have tify the expense. go in and serve my country and put the a ready force. This is an issue of readi- Mr. BUYER. Mr. Chairman, I yield uniform on. And it was the best experi- ness, it is an issue of specialization, it myself such time as I may consume. ence, I think, in my life. is an issue of commitment to quality Mr. Chairman, the service Surgeon But I do not know if I would have health care for our military people. Generals have consistently testified at done it if I had had a 7-year obligation, Mr. Chairman, I urge the Members both House and Senate hearings that because when a doctor finishes his here to oppose this amendment. the university provides a unique medi- training and goes out into practice, he Mr. BUYER. Mr. Chairman, I yield 1 cal training that cannot be readily se- can typically pay off his student loans minute to the gentlewoman from cured at other sources. in about 4 years, and this 7-year re- Maryland [Mrs. MORELLA]. Mr. Chairman, I yield the balance of quirement that the gentleman has Mrs. MORELLA. Mr. Chairman, I rise my time to the gentleman from Cali- added to his amendment, in my opin- in the strongest possible opposition to fornia [Mr. HUNTER]. ion, is going to make it very, very dif- this Klug amendment. The CHAIRMAN. The gentleman ficult for our armed services to recruit As my colleagues know, the GAO re- from California [Mr. HUNTER] is recog- good quality physicians into the schol- port that was quoted, I must reinter- nized for 20 seconds. arship program. pret these figures because when all the Mr. HUNTER. My colleagues, the I additionally would like to point out factors are in in terms of the costs, question is what do we get for what we that perhaps the DOD would only pay H5084 CONGRESSIONAL RECORD — HOUSE May 15, 1996 this much money for the students in American Legion in support of the uni- to the FY 1997 DOD Authorization bill which the scholarship program, but this is versity, along with the Military Coali- would close the Uniformed Services Univer- really what it costs every medical tion. This is supported by not only the sity of the Health Sciences (USUHS). school. There is lots of other money Each year as the national budget is de- American Legion, the Air Force Asso- bated we are made ever more aware of how that goes into training a doctor, grant ciation, the Army Aviation Associa- austere funds are and how acute the need for money that comes in, State money tion, Commissioned Officers Associa- support of so many diverse programs. One that come in, and, yes, other Federal tion, CWO, and the Enlisted Associa- program that has been mentioned for elimi- moneys. tion of the National Guard. nation, but serves a very unique purpose, is So, in my opinion, this is an ill-con- The list goes on and on and on. the Uniformed Services University of the ceived amendment, and I would encour- The letters referred to are as follows: Health Sciences (USUHS). A recent GAO report concluded that the age, as a former Army physician who VOTE AGAINST THE KLUG AMENDMENT TO total monetary cost for USUHS compared to participated in HPSP and worked with ELIMINATE THE UNIFORMED SERVICES UNI- the Armed Forces Health Professional Schol- many of the armed services medical VERSITY OF THE HEALTH SCIENCES arship Program (AFHPSP) for civilian insti- students, and they were some of the The Military Coalition (signatures en- tutions are identical. However, unlike civil- best doctors in the armed medical closed) representing more than five million ian medical programs, the USUHS provides corps when I was in it, I would highly current and former members of the uni- military doctors well trained in primary encourage all of my colleagues on both formed services, is very concerned over Rep- care medicine, as well as combat casualty sides of the aisle to vote ‘‘no’’ on the resentative Scott Klug’s proposed amend- care, tropical medicine, combat stress and Klug amendment. ment to the FY 97 Defense Authorization Act other injuries and illnesses unique to mili- Mr. SPENCE. Mr. Chairman, I yield to close the Uniformed Services University tary deployments and combat conditions. of Health Sciences (USUHS). The rationale to the gentleman from Missouri [Mr. Also, according to DOD, the retention rate in that it is less costly to train physicians in the armed forces is eighty-six percent for SKELTON], a very valuable member of civilian medical schools than through our committee. USUHS graduates compared to fourteen per- USUHS is defective. cent for AFHPSP. Mr. SKELTON. Mr. Chairman, I The General Accounting Office (GAO) cost This very special institution is a source of speak against this amendment. Uni- estimates cited by Representative Klug are military physicians for the armed forces of formed Services University of the misleading in that they fail to account for the United States and the Public Health Health Sciences is a military medical the taxpayer subsidies and other resources Service. It provides our military with a corps school. It is one that specializes and ($4.2 billion) given in grants, research and of dedicated career medical officers instilled prepares doctors, young men and young clinical services to civilian medical schools. with the commitment and selflessness only In fact, in its report (page 33), the GAO also women, to stay in the military and to found in doctors who are trained and skilled concedes that the total federal costs for in providing combat casualty care. In addi- serve those who are injured on the bat- USUHS graduates and Armed Forces Health tlefield and to serve their families in tion, this facility offers a full range of in- Professional Scholarship Program (AFHPSP) struction and care in those maladies typi- time of peace. I think it would be a sad graduates are virtually identical. Aside from cally suffered primarily by military person- mistake to terminate this medical cost considerations, USUHS graduates a nel. These include tropical, epidemiological school. military officer who is well trained in mili- and parasitic ailments. If my colleagues want a professional tary operations and fully prepared for joint Military medical officers serve beside and medical program, if my colleagues service leadership positions. Finally, the re- in support of U.S. service personnel when our want people to stay the minimum of 18 tention rate for USUHS graduates is consid- forces are deployed to conflict. This environ- to 20 years, keep this medical school. If erably greater than those in AFHPSP (86 ment is harsh, chaotic and demanding. The percent versus 14 percent) making their edu- graduates of USUHS are trained to deal with we want the very best for those men cation a sound investment in the future of and women, if we want the very best these extreme and difficult conditions and in this country. fact, work and improvise in some of the most for their families, we must keep this Representative Klug proposes to increase deplorable circumstances where U.S. mili- medical school because those who go the AFHPSP service obligation with a view tary forces are stationed. through the scholarship program are toward increasing career retention in that To close the Uniformed Services Univer- less apt to stay in and make a career of program. However, based on past recruiting sity of the Health Sciences would be a great it. This is a career training ground, experience, an increased service obligation is disservice to our men and women in uniform. educational ground, for those who wish expected to aggravate AFHPSP accession We must do everything we can to provide our to serve their Nation as a full-time problems, and is not expected to materially armed forces with the best health and battle improve the retention of enrollees in that casualty care available. doctor. program. Mr. SPENCE. Mr. Chairman, I yield Once again, The American Legion urges The Military Coalition strongly urges you you to oppose an amendment to the FY 1997 to the gentleman from Indiana [Mr. to retain USUHS as a national training re- DOD Authorization bill which would close BUYER]. source by voting against Representative the Uniformed Services University of Health Mr. BUYER. Mr. Chairman, I think Klug’s amendment. We appreciate your sup- Sciences. We appreciate your support and the gentleman from California, Mr. port on this very important issue. commitment on important veterans issues. DUNCAN HUNTER, hit it right on the THE MILITARY COALITION Sincerely, head, this university’s graduates are Air Force Association; DANIEL A. LUDWIG, expected to serve 18.5 years and about Army Aviation Assn. of America; National Commander. 50 percent are expected to stay on ac- Commissioned Officers Assn. of the US Mr. DELLUMS. Mr. Chairman, I tive-duty service for 20 years or longer. Public Health Service, Inc.; move to strike the last word. In comparison, regular scholarship CWO & WO Assn. US Coast Guard; Mr. Chairman, I think that this is an Enlisted Association of the National Guard graduates are expected to serve about important discussion, and in the spirit of the US; of fairness I would like to provide the 9.8 years, while deferred scholarship Fleet Reserve Assn.; program graduates serve 5.3 years on Jewish War Veterans of the USA; opportunity for the author of the average. Marine Corps League; amendment to have a chance to re- Now, military medical commanders Marine Corps Reserve Officers Assn.; spond to or rebut the arguments. also believe that the university’s ap- National Military Family Assn.; Mr. Chairman, I yield to the gen- proach produces physicians who are at Naval Enlisted Reserve Assn.; tleman from Wisconsin [Mr. KLUG] for Navy League of the US; that purpose. least initially better prepared than Reserve Officers Assn.; their civilian-educated peers to meet The Military Chaplains Assn. of the USA; Mr. KLUG. Mr. Chairman, I thank the demands of military medicine. The Retired Enlisted Assn.; my colleague from California. Briefly, Additionally, the medical command- The Retired Officers Assn.; Mr. Chairman, because I also know ers believe that compared with other United Armed Forces Assn.; that we have other issues we want to military physicians the university USCG Chief Petty Officers Assn.; discuss today, I want to essentially graduates have a better understanding US Army Warrant Officers Assn.; kind of rebut some of the arguments Veterans of Foreign Wars of the US. of the military mission, organization, that have been raised point by point this afternoon about this discussion customs that are more committed to THE AMERICAN LEGION, the military and to a military career. Washington, DC, May 14, 1996. about whether 22 years later the Fed- I would also, Mr. Chairman, place DEAR REPRESENTATIVE: The American Le- eral Government really needs to be in into the RECORD a letter from the gion is asking you to oppose an amendment the business of running a medical May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5085 school. We do not run other kinds of had 24 years of experience. Every pro- Chenoweth Klug Rohrabacher Chrysler Largent Ros-Lehtinen colleges and universities, and again gram and every analysis that has come Coble Lipinski Roth fundamentally we can send folks to the back since 1975, 3 years after this pro- Conyers Lofgren Royce best medical schools in the country, in gram started, said it is too expensive. Cox Luther Sabo fact, the best medical schools in the We cannot maintain it. It does not Cubin Martinez Salmon DeFazio McDade Sanford world, for a fraction of the cost. make sense. Expand the scholarship Dellums McDermott Schroeder One of the arguments that has been program, raise the number of years of Duncan Meehan Sensenbrenner made is that this program has not been requirement, and begin to phase out Ehlers Metcalf Serrano Foley Miller (CA) Shadegg studied and has not been analyzed, and the DOD military program. Forbes Minge Shays if we somehow begin to phase out the Mr. DELLUMS. Mr. Chairman, I Frank (MA) Neal Skaggs school, it will crash the medical physi- yield to the gentlewoman from Mary- Franks (NJ) Neumann Slaughter cian program in the U.S. military. land [Mrs. MORELLA]. Goodlatte Obey Smith (MI) Gutknecht Olver Souder Again, let me point out page after page Mrs. MORELLA. Mr. Chairman, the Hamilton Orton Tiahrt after page of study dating all the way figures that I mentioned from the GAO Hayworth Owens Upton back to 1975, just 2 years after this pro- report which indicate a $400 difference Hoekstra Pelosi Visclosky Hoke Peterson (MN) Watt (NC) gram was established, and every single are if we factor in the number of years Houghton Petri Weller one of them concluded it costs too these people serve. Jackson (IL) Ramstad White much money. I would also like to point out an ex- Kennedy (MA) Rangel Zimmer Kennedy (RI) Reed b 1415 perience I recently had at USUHS. I Kleczka Roemer was there because a medal of honor was It is not a bad program. It is not a given by the Secretary of the Navy to NOES—343 bad idea. In the best of all worlds, we a man named Michael Charissis, who Abercrombie Cummings Hansen would love to do it. But let me remind Ackerman Cunningham Harman was the person who saved lives in the Allard Danner Hastert my Republican colleagues, if we are Amtrak MARC accident in Silver going to cut the deficit, we have to ask Archer Davis Hastings (FL) Spring, MD, recently. He did it quietly. Armey de la Garza Hastings (WA) the military to make tough choices. They had to work to determine who it Bachus Deal Hayes Will there still be enough doctors in Baesler DeLauro Hefley was. How did he know how to do it? the military if we eliminate this? Keep Baker (CA) DeLay Hefner The kind of training he had had Baker (LA) Deutsch Heineman this in mind: 89 percent of the physi- equipped him for that. Baldacci Diaz-Balart Herger cians who presently serve in the De- Ballenger Dickey Hilleary I also want to remind this group, in partment of Defense came out of the Barcia Dicks Hinchey terms of putting human faces, we had scholarship program and other ave- Barr Dingell Hobson outstanding people who served in the Barrett (NE) Dixon Horn nues. It is only 11 percent. The argu- Persian Gulf conflict. We had Rhoda Bartlett Doggett Hostettler ment is, well, these people serve Bass Dooley Hoyer Cornum, who was a graduate from longer, so it is a better investment. Bateman Doolittle Hunter there. We have had so many others, Becerra Dornan Hutchinson But the General Accounting Office, and such a distinguished group of peo- Beilenson Doyle Hyde again, and I hate to keep bringing us Bentsen Dreier Inglis ple, and all of the military command- back to the facts, said that the main Bereuter Dunn Istook ers who deal with medicine have come influencing factor for a graduate of ei- Berman Edwards Jackson-Lee out in favor of it, all of the organiza- Bevill Ehrlich (TX) ther program to remain in the military tions that we know of. The American Bilbray Emerson Jacobs is the minimum service requirement. Bilirakis Engel Jefferson Legion, just to cite that, plus a lot of I expect my colleague who is a physi- Bishop English Johnson (CT) others, have all come out in favor of it. Bliley Ensign Johnson (SD) cian, the gentleman from Florida who It is our only medical military univer- Blute Eshoo Johnson, E. B. brought up and said maybe he would sity in the United States of America. I Boehner Evans Johnson, Sam not have picked the scholarship pro- Bonilla Everett Johnston really think that we would be penny gram if he had been required to serve 7 Bonior Ewing Jones wise and pound foolish if we were to Bono Farr Kanjorski years rather than just a couple of vote for this amendment, so vote Borski Fattah Kaptur years, but I think, given the rising cost Boucher Fawell Kasich against it. of education, there would be a lot of Brewster Fazio Kelly Mr. DELLUMS. Mr. Chairman, I Browder Fields (LA) Kennelly people in the country who would have yield to the gentleman from California Brown (OH) Fields (TX) Kildee the opportunity to go through the DOD Bryant (TN) Filner Kim [Mr. CUNNINGHAM]. scholarship program, again, to go to Bryant (TX) Flanagan King the best medical schools in the United (Mr. CUNNINGHAM asked and was Bunn Foglietta Kingston Bunning Ford Klink States and to go to the best medical given permission to revise and extend his remarks.) Burr Fowler Knollenberg schools in the world. Burton Fox Kolbe I think this all comes down to philos- Mr. CUNNINGHAM. Mr. Chairman, I Buyer Franks (CT) LaFalce ophy. That is what it really comes stand in strong opposition to this Callahan Frelinghuysen LaHood amendment. Calvert Frisa Lantos down to. It comes down to a simple Canady Frost Latham judgment. In 1996, 24 years after this Mr. DELLUMS. Mr. Chairman, I Cardin Funderburk LaTourette program was set up, does it really fun- yield back the balance of my time. Castle Furse Laughlin The CHAIRMAN. The question is on Chabot Gallegly Lazio damentally make sense for the U.S. Chambliss Ganske Leach Government to be in the business of the amendment offered by the gen- Chapman Gejdenson Levin running a medical school? I think the tleman from Wisconsin [Mr. KLUG]. Christensen Gekas Lewis (CA) The question was taken; and the Clay Gephardt Lewis (GA) answer has to be, fundamentally, no. Clayton Geren Lewis (KY) The argument is specialized training Chairman announced that the noes ap- Clement Gibbons Lightfoot is needed for combat. Come on, we all peared to have it. Clinger Gilchrest Lincoln know Bethesda. Where is the expertise RECORDED VOTE Clyburn Gillmor Linder Coburn Gilman Livingston that comes? Are we not better off if we Mr. KLUG. Mr. Chairman, I demand a Coleman Gonzalez LoBiondo want doctors to be trained in surgical recorded vote. Collins (GA) Goodling Longley procedures in a combat situation to A recorded vote was ordered. Collins (IL) Gordon Lowey Collins (MI) Goss Lucas send them into hospitals where they The vote was taken by electronic de- Combest Graham Maloney have to deal with gunshot victims and vice, and there were—ayes 82, noes 343, Condit Green (TX) Manton knife victims on a regular basis? We not voting 8, as follows: Cooley Greene (UT) Manzullo are not going to find that in Bethesda, Costello Greenwood Markey [Roll No. 172] Coyne Gunderson Martini MD. AYES—82 Cramer Gutierrez Mascara Briefly, Mr. Chairman, let me sug- Crane Hall (OH) Matsui Andrews Boehlert Brownback Crapo Hall (TX) McCarthy gest that this was a terrific program Barrett (WI) Brown (CA) Camp Cremeans Hancock McCollum when it was first established. We have Barton Brown (FL) Campbell H5086 CONGRESSIONAL RECORD — HOUSE May 15, 1996

McCrery Porter Stump Amendments en bloc, as modified, consist- (b) FORM OF TRANSFER.—(1) Except as pro- McHale Portman Stupak ing of part B amendments numbered 13; 17, vided in paragraphs (2) and (3), each transfer McHugh Poshard Tanner as modified; 19, as modified; 20, as modified; authorized by this section shall be made on McInnis Pryce Tate 28; 31, as modified; 32; 34; and 35, as modified, McIntosh Quillen Tauzin a sales basis under section 21 of the Arms Ex- McKeon Quinn Taylor (MS) offered by Mr. SPENCE: port Control Act (22 U.S.C. 2761), relating to McKinney Radanovich Taylor (NC) AMENDMENT TO H.R. 3230, AS REPORTED OF- the foreign military sales program. McNulty Rahall Tejeda FERED BY MR. EDWARDS OF TEXAS OR MR. (2) The transfer authorized by subsection Meek Regula Thomas GREEN OF TEXAS (AMDT B–13 IN HOUSE REPORT (a)(4) shall be made on a grant basis under Menendez Richardson Thompson 104–570) section 516 of the Foreign Assistance Act of Meyers Rivers Thornberry In section 733(b)(2) (page 281, line 21), relat- 1961 (22 U.S.C. 2321j), relating to transfers of Mica Roberts Thornton excess defense articles. Millender- Rogers Thurman ing to the time for implementation of the McDonald Rose Torkildsen uniform health benefit option by Uniformed (3) The transfer authorized by subsection Miller (FL) Roukema Torres Services Treatment Facilities, strike out (a)(5)(B) shall be made on a lease basis under Mink Roybal-Allard Torricelli ‘‘October 1, 1996’’ and insert in lieu thereof section 61 of the Arms Export Control Act (22 Moakley Rush Towns ‘‘October 1, 1997’’. U.S.C. 2796). Mollohan Sanders Traficant (c) COSTS OF TRANSFERS.—Any expense of Montgomery Sawyer Velazquez MODIFICATION TO THE AMENDMENT OFFERED BY the United States in connection with a Moorhead Saxton Vento MS. WATERS OF CALIFORNIA (AMDT B–17 IN transfer authorized by this section shall be Moran Scarborough Volkmer charged to the recipient. Morella Schaefer Vucanovich HOUSE REPORT 104–570) (d) EXPIRATION OF AUTHORITY.—The au- Murtha Schiff Walker The amendment as modified is as follows: Myers Schumer Walsh At the end of title VIII (page 316, after line thority granted by subsection (a) shall expire Myrick Scott Wamp 14), insert the following new section: at the end of the two-year period beginning Nadler Seastrand Ward SEC. 832. STUDY OF EFFECTIVENESS OF DE- on the date of the enactment of this Act. Nethercutt Shaw Waters FENSE MERGERS. (e) REPAIR AND REFURBISHMENT OF VESSELS Ney Shuster Watts (OK) IN UNITED STATES SHIPYARDS.—The Sec- Norwood Sisisky Waxman (a) STUDY.—The Secretary of Defense shall conduct a study on mergers and acquisitions retary of the Navy shall require, to the max- Nussle Skeen Weldon (FL) imum extent possible, as a condition of a Oberstar Skelton Weldon (PA) in the defense sector. The study shall address Ortiz Smith (NJ) Whitfield the following: transfer of a vessel under this section, that Oxley Smith (TX) Wicker (1) The effectiveness of defense mergers the country to which the vessel is trans- Packard Smith (WA) Williams and acquisitions in eliminating excess capac- ferred have such repair or refurbishment of Pallone Solomon Wilson ity within the defense industry. the vessel as is needed, before the vessel Parker Spence Wise (2) The degree of change in the dependence joins the naval forces of that country, per- Pastor Spratt Wolf by defense contractors on defense-related formed at a shipyard located in the United Payne (NJ) Stark Woolsey Federal contracts within their overall busi- States, including a United States Navy ship- Payne (VA) Stearns Wynn Peterson (FL) Stenholm Yates ness after mergers. yard. Pickett Stockman Young (AK) (3) The effect on defense industry employ- Pombo Stokes Young (FL) ment resulting from defense mergers and ac- At the end of division A (page 416, after Pomeroy Studds Zeliff quisitions occurring during the three years line 9), insert the following new title: preceding the date of the enactment of this NOT VOTING—8 Act. Durbin Holden Riggs (b) REPORT.—Not later than six months TITLE XV—DEFENSE AND SECURITY Flake Molinari Talent after the date of the enactment of this Act, ASSISTANCE Hilliard Paxon the Secretary of Defense shall submit to Subtitle A—Military and Related Assistance b 1439 Congress a report on the results of the study SEC. 1501. TERMS OF LOANS UNDER THE FOR- conducted under subsection (a). Messrs. BONO, FLANAGAN, and EIGN MILITARY FINANCING PRO- GRAM. DEUTSCH changed their vote from MODIFICATION TO THE AMENDMENT OFFERED BY Section 31(c) of the Arms Export Control ‘‘aye’’ to ‘‘no.’’ MR. GILMAN OF NEW YORK (AMDT B–19 IN Act (22 U.S.C. 2771(c)) is amended to read as Messrs. MCDERMOTT, WELLER, HOUSE REPORT 104–570) follows: FORBES, NEAL of Massachusetts, ‘‘(c) Loans available under section 23 shall BROWN of California, SKAGGS, and be provided at rates of interest that are not HOKE changed their vote from ‘‘no’’ to The amendment as modified is as follows: less than the current average market yield ‘‘aye.’’ on outstanding marketable obligations of So the amendment was rejected. the United States of comparable matu- At the end of title X (page 359, after line rities.’’. The result of the vote was announced 20), insert the following new section: as above recorded. SEC. 1502. ADDITIONAL REQUIREMENTS UNDER THE FOREIGN MILITARY FINANCING b 1445 SEC. 1041. TRANSFER OF NAVAL VESSELS TO PROGRAM. CERTAIN FOREIGN COUNTRIES. (a) AUDIT OF CERTAIN PRIVATE FIRMS.—Sec- PERSONAL EXPLANATION (a) AUTHORITY TO TRANSFER NAVAL VES- tion 23 of the Arms Export Control Act (22 Ms. BROWN of Florida. Mr. Chair- SELS.—The Secretary of the Navy is author- U.S.C. 2763) is amended by adding at the end man, on the last amendment adopted, ized to transfer to other nations and instru- the following new subsection: the Klug amendment, I voted ‘‘yes.’’ I mentalities vessels as follows: ‘‘(f) For each fiscal year, the Secretary of intended to vote ‘‘no.’’ (1) EGYPT.—To the Government of Egypt, Defense, as requested by the Director of the The CHAIRMAN. It is now in order to the Oliver Hazard Perry class frigate Gal- Defense Security Assistance Agency, shall lery. consider amendment No. 16 printed in conduct audits on a nonreimbursable basis of (2) MEXICO.—To the Government of Mexico, private firms that have entered into con- part B of the report. the Knox class frigates Stein (FF 1065) and tracts with foreign governments under which Does the gentlewoman from Califor- Marvin Shields (FF 1066). defense articles, defense services, or design nia [Ms. WATERS] wish to offer her (3) NEW ZEALAND.—To the Government of and construction services are to be procured amendment? New Zealand, the Stalwart class ocean sur- by such firms for such governments from fi- AMENDMENTS EN BLOC, AS MODIFIED, OFFERED veillance ship Tenacious. nancing under this section.’’. BY MR. SPENCE (4) PORTUGAL.—To the Government of Por- (b) NOTIFICATION REQUIREMENT WITH RE- Mr. SPENCE. Mr. Chairman, pursu- tugal, the Stalwart class ocean surveillance SPECT TO CASH FLOW FINANCING.—Section 23 ant to section 3 of House Resolution ship Audacious. of such Act (22 U.S.C. 2763), as amended by (5) TAIWAN.—To the Taipei Economic and subsection (a), is further amended by adding 430, I offer amendments en bloc consist- Cultural Representative Office in the United at the end the following new subsection: ing of part B amendments numbered 13; States (the Taiwan instrumentality des- ‘‘(g)(1) For each country and international 17, as modified; 19, as modified; 20, as ignated pursuant to section 10(a) of the Tai- organization that has been approved for cash modified; 28; 31, as modified; 32; 34; and wan Relations Act)— flow financing under this section, any letter 35, as modified. (A) the Knox class frigates Aylwin (FF of offer and acceptance or other purchase The CHAIRMAN. The Clerk will des- 1081), Pharris (FF 1094), and Valdez (FF 1096); agreement, or any amendment thereto, for a ignate the amendments en bloc and re- and procurement of defense articles, defense port the modifications. (B) the Newport class tank landing ship services, or design and construction services Newport (LST 1179). in excess of $100,000,000 that is to be financed The Clerk designated the amend- (6) THAILAND.—To the Government of Thai- in whole or in part with funds made avail- ments en bloc and proceeded to read land, the Knox class frigate Ouellet (FF able under this Act or the Foreign Assist- the modifications. 1077). ance Act of 1961 shall be submitted to the May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5087

congressional committees specified in sec- ‘‘(II) to ensure the safety of United States ‘‘(1) NO COST TO RECIPIENT COUNTRY.—Ex- tion 634A(a) of the Foreign Assistance Act of Government personnel engaged in such coop- cess defense articles may be transferred 1961 in accordance with the procedures appli- erative efforts and to support Department of under this section without cost to the recipi- cable to reprogramming notifications under Defense-sponsored humanitarian projects as- ent country. that section. sociated with such efforts.’’; ‘‘(2) PRIORITY.—Notwithstanding any other ‘‘(2) For purposes of this subsection, the (2) in subsection (a)(2)(B), by striking provision of law, the delivery of excess de- term ‘cash flow financing’ has the meaning ‘‘$75,000,000’’ and all that follows and insert- fense articles under this section to member given such term in the second subsection (d) ing ‘‘$150,000,000 in any fiscal year of such ar- countries of the North Atlantic Treaty Orga- of section 25.’’. ticles, services, and military education and nization (NATO) on the southern and south- (c) LIMITATIONS ON USE OF FUNDS FOR DI- training may be provided pursuant to sub- eastern flank of NATO and to major non- RECT COMMERCIAL CONTRACTS.—Section 23 of paragraph (A) of this paragraph— NATO allies on such southern and southeast- such Act (22 U.S.C. 2763), as amended by sub- ‘‘(i) not more than $75,000,000 of which may ern flank shall be given priority to the maxi- section (b), is further amended by adding at be provided from the drawdown from the in- mum extent feasible over the delivery of the end the following new subsection: ventory and resources of the Department of such excess defense articles to other coun- ‘‘(h) Of the amounts made available for a Defense; tries. fiscal year to carry out this section, not ‘‘(ii) not more than $75,000,000 of which ‘‘(d) WAIVER OF REQUIREMENT FOR REIM- more than $100,000,000 for such fiscal year may be provided pursuant to clause (i)(I) of BURSEMENT OF DEPARTMENT OF DEFENSE EX- may be made available for countries other such subparagraph; and PENSES.—Section 632(d) shall not apply with than Israel and Egypt for the purpose of fi- ‘‘(iii) not more than $15,000,000 of which respect to transfers of excess defense articles nancing the procurement of defense articles, may be provided to Vietnam, Cambodia, and (including transportation and related costs) defense services, and design and construction Laos pursuant to clause (ii) of such subpara- under this section. services that are not sold by the United graph.’’; and States Government under this Act.’’. (3) in subsection (b)(1), by adding at the ‘‘(e) TRANSPORTATION AND RELATED COSTS.— (d) ANNUAL ESTIMATE AND JUSTIFICATION end the following: ‘‘In the case of drawdowns ‘‘(1) IN GENERAL.—Except as provided in FOR SALES PROGRAM.—Section 25(a) of such authorized by subclauses (I) and (III) of sub- Act (22 U.S.C. 2765(a)) is amended— section (a)(2)(A)(i), notifications shall be pro- paragraph (2), funds available to the Depart- (1) by striking ‘‘and’’ at the end of para- vided to those committees at least 15 days in ment of Defense may not be expended for graph (11); advance of the drawdowns in accordance crating, packing, handling, and transpor- (2) by redesignating paragraph (12) as para- with the procedures applicable to reprogram- tation of excess defense articles transferred graph (13); and ming notifications under section 634A.’’. under the authority of this section. ‘‘(2) EXCEPTION.—The President may pro- (3) by inserting after paragraph (11) the fol- (c) NOTICE TO CONGRESS OF EXERCISE OF vide for the transportation of excess defense lowing new paragraph: SPECIAL AUTHORITIES.—Section 652 of such ‘‘(12)(A) a detailed accounting of all arti- Act (22 U.S.C. 2411) is amended by striking articles without charge to a country for the cles, services, credits, guarantees, or any ‘‘prior to the date’’ and inserting ‘‘before’’. costs of such transportation if— other form of assistance furnished by the ‘‘(A) it is determined that it is in the na- SEC. 1504. TRANSFER OF EXCESS DEFENSE ARTI- tional interest of the United States to do so; United States to each country and inter- CLES. ‘‘(B) the recipient is a developing country national organization, including payments (a) IN GENERAL.—Section 516 of the Foreign receiving less than $10,000,000 of assistance to the United Nations, during the preceding Assistance Act of 1961 (22 U.S.C. 2321j) is under chapter 5 of part II of this Act (relat- fiscal year for the detection and clearance of amended to read as follows: landmines, including activities relating to ing to international military education and ‘‘SEC. 516. AUTHORITY TO TRANSFER EXCESS DE- training) or section 23 of the Arms Export the furnishing of education, training, and FENSE ARTICLES. technical assistance for the detection and Control Act (22 U.S.C. 2763; relating to the ‘‘(a) AUTHORIZATION.—The President is au- Foreign Military Financing program) in the clearance of landmines; and thorized to transfer excess defense articles ‘‘(B) for each provision of law making fiscal year in which the transportation is under this section to countries for which re- provided; funds available or authorizing appropriations ceipt of such articles was justified pursuant for demining activities described in subpara- ‘‘(C) the total weight of the transfer does to the annual congressional presentation not exceed 25,000 pounds; and graph (A), an analysis and description of the documents for military assistance programs, objectives and activities undertaken during ‘‘(D) such transportation is accomplished or for programs under chapter 8 of part I of on a space available basis. the preceding fiscal year, including the num- this Act, submitted under section 634 of this ber of personnel involved in performing such Act, or for which receipt of such articles was ‘‘(f) ADVANCE NOTIFICATION TO CONGRESS activities; and’’. separately justified to the Congress, for the FOR TRANSFER OF CERTAIN EXCESS DEFENSE SEC. 1503. DRAWDOWN SPECIAL AUTHORITIES. fiscal year in which the transfer is author- ARTICLES.— (a) UNFORESEEN EMERGENCY DRAWDOWN.— ized. ‘‘(1) IN GENERAL.—The President may not Section 506(a)(1) of the Foreign Assistance ‘‘(b) LIMITATIONS ON TRANSFERS.—The transfer excess defense articles that are sig- Act of 1961 (22 U.S.C. 2318(a)(1)) is amended President may transfer excess defense arti- nificant military equipment (as defined in by striking ‘‘$75,000,000’’ and inserting cles under this section only if— section 47(9) of the Arms Export Control Act) ‘‘$100,000,000’’. ‘‘(1) such articles are drawn from existing or excess defense articles valued (in terms of (b) ADDITIONAL DRAWDOWN.—Section 506 of stocks of the Department of Defense; original acquisition cost) at $7,000,000 or such Act (22 U.S.C. 2318) is amended— ‘‘(2) funds available to the Department of more, under this section or under the Arms (1) in subsection (a)(2)(A), by striking ‘‘de- Defense for the procurement of defense Export Control Act (22 U.S.C. 2751 et seq.) fense articles from the stocks’’ and all that equipment are not expended in connection until 15 days after the date on which the follows and inserting the following: ‘‘articles with the transfer; President has provided notice of the pro- and services from the inventory and re- ‘‘(3) the transfer of such articles will not posed transfer to the congressional commit- sources of any agency of the United States have an adverse impact on the military read- tees specified in section 634A(a) in accord- Government and military education and iness of the United States; ance with procedures applicable to re- training from the Department of Defense, ‘‘(4) with respect to a proposed transfer of programming notifications under that sec- the President may direct the drawdown of such articles on a grant basis, such a trans- tion. such articles, services, and military edu- fer is preferable to a transfer on a sales ‘‘(2) CONTENTS.—Such notification shall in- cation and training— basis, after taking into account the potential clude— ‘‘(i) for the purposes and under the authori- proceeds from, and likelihood of, such sales, ‘‘(A) a statement outlining the purposes ties of— and the comparative foreign policy benefits for which the article is being provided to the ‘‘(I) chapter 8 of part I (relating to inter- that may accrue to the United States as the country, including whether such article has national narcotics control assistance); result of a transfer on either a grant or sales been previously provided to such country; ‘‘(II) chapter 9 of part I (relating to inter- basis; ‘‘(B) an assessment of the impact of the national disaster assistance); or ‘‘(5) the President determines that the transfer on the military readiness of the ‘‘(III) the Migration and Refugee Assist- transfer of such articles will not have an ad- United States; ance Act of 1962; or verse impact on the national technology and ‘‘(C) an assessment of the impact of the ‘‘(ii) for the purpose of providing such arti- industrial base and, particularly, will not re- transfer on the national technology and in- cles, services, and military education and duce the opportunities of entities in the na- dustrial base and, particularly, the impact training to Vietnam, Cambodia, and Laos as tional technology and industrial base to sell on opportunities of entities in the national the President determines are necessary— new or used equipment to the countries to technology and industrial base to sell new or ‘‘(I) to support cooperative efforts to locate which such articles are transferred; and used equipment to the countries to which and repatriate members of the United States ‘‘(6) the transfer of such articles is consist- such articles are to be transferred; and Armed Forces and civilians employed di- ent with the policy framework for the East- ‘‘(D) a statement describing the current rectly or indirectly by the United States ern Mediterranean established under section value of such article and the value of such Government who remain unaccounted for 620C of this Act. article at acquisition. from the Vietnam War; and ‘‘(c) TERMS OF TRANSFERS.— ‘‘(g) AGGREGATE ANNUAL LIMITATION.— H5088 CONGRESSIONAL RECORD — HOUSE May 15, 1996

‘‘(1) IN GENERAL.—The aggregate value of (1) by striking ‘‘In carrying out this chap- the procedures applicable to reprogramming excess defense articles transferred to coun- ter’’ and inserting ‘‘(a) In carrying out this notifications under such section. tries under this section in any fiscal year chapter’’; and ‘‘(C) The value (in terms of original acqui- may not exceed $350,000,000. (2) by adding at the end the following new sition cost) of all equipment and commod- ‘‘(2) EFFECTIVE DATE.—The limitation con- subsection: ities provided under this chapter in any fis- tained in paragraph (1) shall apply only with ‘‘(b) The President may provide for the at- cal year may not exceed 25 percent of the respect to fiscal years beginning after fiscal tendance of foreign military and civilian de- funds made available to carry out this chap- year 1996. fense personnel at flight training schools and ter for that fiscal year.’’. (c) ANNUAL REPORT.—Section 574 of such ‘‘(h) CONGRESSIONAL PRESENTATION DOCU- programs (including test pilot schools) in the Act (22 U.S.C. 2349aa–3) is hereby repealed. MENTS.—Documents described in subsection United States without charge, and without (d) TECHNICAL CORRECTIONS.—Section 575 (a) justifying the transfer of excess defense charge to funds available to carry out this (22 U.S.C. 2349aa–4) and section 576 (22 U.S.C. articles shall include an explanation of the chapter (notwithstanding section 632(d) of 2349aa–5) of such Act are redesignated as sec- this Act), if such attendance is pursuant to general purposes of providing excess defense tions 574 and 575, respectively. articles as well as a table which provides an an agreement providing for the exchange of students on a one-for-one basis each fiscal SEC. 1522. RESEARCH AND DEVELOPMENT EX- aggregate annual total of transfers of excess PENSES. defense articles in the preceding year by year between those United States flight Funds made available for fiscal years 1996 country in terms of offers and actual deliv- training schools and programs (including and 1997 to carry out chapter 8 of part II of eries and in terms of acquisition cost and test pilot schools) and comparable flight the Foreign Assistance Act of 1961 (22 U.S.C. current value. Such table shall indicate training schools and programs of foreign 2349aa et seq.; relating to antiterrorism as- whether such excess defense articles were countries.’’. sistance) may be made available to the Tech- provided on a grant or sale basis. (c) ASSISTANCE FOR CERTAIN HIGH-INCOME nical Support Working Group of the Depart- ‘‘(i) EXCESS COAST GUARD PROPERTY.—For FOREIGN COUNTRIES.— ment of State for research and development purposes of this section, the term ‘excess de- (1) AMENDMENT TO THE FOREIGN ASSISTANCE expenses related to contraband detection fense articles’ shall be deemed to include ex- ACT OF 1961.—Chapter 5 of part II of such Act technologies or for field demonstrations of cess property of the Coast Guard, and the (22 U.S.C. 2347 et seq.) is amended by adding such technologies (whether such field dem- term ‘Department of Defense’ shall be at the end the following new section: onstrations take place in the United States deemed, with respect to such excess prop- ‘‘SEC. 546. PROHIBITION ON GRANT ASSISTANCE or outside the United States). erty, to include the Coast Guard.’’. FOR CERTAIN HIGH INCOME FOR- Subtitle D—Narcotics Control Assistance EIGN COUNTRIES. (b) CONFORMING AMENDMENTS.— SEC. 1531. ADDITIONAL REQUIREMENTS. ‘‘(a) IN GENERAL.—None of the funds made (1) ARMS EXPORT CONTROL ACT.—Section (a) POLICY AND GENERAL AUTHORITIES.— available for a fiscal year for assistance 21(k) of the Arms Export Control Act (22 Section 481(a) of the Foreign Assistance Act under this chapter may be made available U.S.C. 2761(k)) is amended by striking ‘‘the (22 U.S.C. 2291(a)) is amended— for assistance on a grant basis for any of the President shall’’ and all that follows and in- (1) in paragraph (1)— high-income foreign countries described in serting the following: ‘‘the President shall (A) by redesignating subparagraphs (D) subsection (b) for military education and determine that the sale of such articles will through (F) as subparagraphs (E) through training of military and related civilian per- not have an adverse impact on the national (G), respectively; and sonnel of such country. technology and industrial base and, particu- (B) by inserting after subparagraph (C) the ‘‘(b) HIGH-INCOME FOREIGN COUNTRIES DE- larly, will not reduce the opportunities of en- following new subparagraph: SCRIBED.—The high-income foreign countries tities in the national technology and indus- ‘‘(D) International criminal activities, par- described in this subsection are Austria, Fin- trial base to sell new or used equipment to ticularly international narcotics trafficking, land, the Republic of Korea, Singapore, and the countries to which such articles are money laundering, and corruption, endanger Spain.’’. transferred.’’. political and economic stability and demo- (2) AMENDMENT TO THE ARMS EXPORT CON- (2) REPEALS.—The following provisions of cratic development, and assistance for the TROL ACT.—Section 21(a)(1)(C) of the Arms law are hereby repealed: prevention and suppression of international Export Control Act (22 U.S.C. 2761) is amend- (A) Section 502A of the Foreign Assistance criminal activities should be a priority for ed by inserting ‘‘or to any high-income for- Act of 1961 (22 U.S.C. 2303). the United States.’’; and eign country (as described in that chapter)’’ (B) Sections 517 through 520 of the Foreign (2) in paragraph (4), by adding before the after ‘‘Foreign Assistance Act of 1961’’. Assistance Act of 1961 (22 U.S.C. 2321k period at the end the following: ‘‘, or for through 2321n). Subtitle C—Antiterrorism Assistance other anticrime purposes’’. (C) Section 31(d) of the Arms Export Con- SEC. 1521. ANTITERRORISM TRAINING ASSIST- (b) CONTRIBUTIONS AND REIMBURSEMENT.— trol Act (22 U.S.C. 2771(d)). ANCE. Section 482(c) of that Act (22 U.S.C. 2291a(c)) SEC. 1505. EXCESS DEFENSE ARTICLES FOR CER- (a) IN GENERAL.—Section 571 of the Foreign is amended— TAIN EUROPEAN COUNTRIES. Assistance Act of 1961 (22 U.S.C. 2349aa) is (1) by striking ‘‘CONTRIBUTION BY RECIPIENT Notwithstanding section 516(e) of the For- amended by striking ‘‘Subject to the provi- COUNTRY.—To’’ and inserting ‘‘CONTRIBU- eign Assistance Act of 1961, during each of sions of this chapter’’ and inserting ‘‘Not- TIONS AND REIMBURSEMENT.—(1) To’’; and the fiscal years 1996 and 1997, funds available withstanding any other provision of law that (2) by adding at the end the following new to the Department of Defense may be ex- restricts assistance to foreign countries paragraphs: pended for crating, packing, handling, and (other than sections 502B and 620A of this ‘‘(2)(A) The President is authorized to ac- transportation of excess defense articles Act)’’. cept contributions from foreign governments transferred under the authority of section (b) LIMITATIONS.—Section 573 of such Act to carry out the purposes of this chapter. 516 of such Act to countries that are eligible (22 U.S.C. 2349aa–2) is amended— Such contributions shall be deposited as an to participate in the Partnership for Peace (1) in the heading, by striking ‘‘SPECIFIC offsetting collection to the applicable appro- and that are eligible for assistance under the AUTHORITIES AND’’; priation account and may be used under the Support for East European Democracy (2) by striking subsection (a); same terms and conditions as funds appro- (SEED) Act of 1989. (3) by redesignating subsections (b) priated pursuant to this chapter. through (f) as subsections (a) through (e), re- ‘‘(B) At the time of submission of the an- Subtitle B—International Military Education nual congressional presentation documents spectively; and and Training required by section 634(a), the President (4) in subsection (c) (as redesignated)— shall provide a detailed report on any con- SEC. 1511. ASSISTANCE FOR INDONESIA. (A) by striking paragraphs (1) and (2); tributions received in the preceding fiscal Funds made available for fiscal years 1996 (B) by redesignating paragraphs (3) year, the amount of such contributions, and and 1997 to carry out chapter 5 of part II of through (5) as paragraphs (1) through (3), re- the Foreign Assistance Act of 1961 (22 U.S.C. the purposes for which such contributions spectively; and were used. 2347 et seq.) may be obligated for Indonesia (C) by amending paragraph (2) (as redesig- only for expanded military and education ‘‘(3) The President is authorized to provide nated) to read as follows: assistance under this chapter on a reimburs- training that meets the requirements of ‘‘(2)(A) Except as provided in subparagraph clauses (i) through (iv) of the second sen- able basis. Such reimbursements shall be de- (B), funds made available to carry out this posited as an offsetting collection to the ap- tence of section 541 of such Act (22 U.S.C. chapter shall not be made available for the 2347). plicable appropriation and may be used procurement of weapons and ammunition. under the same terms and conditions as SEC. 1512. ADDITIONAL REQUIREMENTS. ‘‘(B) Subparagraph (A) shall not apply to funds appropriated pursuant to this chap- (a) GENERAL AUTHORITY.—Section 541 of small arms and ammunition in categories I ter.’’. the Foreign Assistance Act of 1961 (22 U.S.C. and III of the United States Munitions List (c) IMPLEMENTATION OF LAW ENFORCEMENT 2347) is amended in the second sentence in that are integrally and directly related to ASSISTANCE.—Section 482 of such Act (22 the matter preceding clause (i) by inserting antiterrorism training provided under this U.S.C. 2291a) is amended by adding at the end ‘‘and individuals who are not members of the chapter if, at least 15 days before obligating the following new subsections: government’’ after ‘‘legislators’’. those funds, the President notifies the appro- ‘‘(f) TREATMENT OF FUNDS.—Funds trans- (b) EXCHANGE TRAINING.—Section 544 of priate congressional committees specified in ferred to and consolidated with funds appro- such Act (22 U.S.C. 2347c) is amended— section 634A of this Act in accordance with priated pursuant to this chapter may be May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5089

made available on such terms and conditions in accordance with the provisions of section (d) COMMERCIAL MANUFACTURING AGREE- as are applicable to funds appropriated pur- 601(b) of the International Security Assist- MENTS.—Section 36(d) of such Act (22 U.S.C. suant to this chapter. Funds so transferred ance and Arms Export Control Act of 1976. 2776(d)) is amended— or consolidated shall be apportioned directly ‘‘(ii) For the purpose of expediting the con- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; to the bureau within the Department of sideration and enactment of joint resolu- (2) by striking ‘‘for or in a country not a State responsible for administering this tions under this paragraph, a motion to pro- member of the North Atlantic Treaty Orga- chapter. ceed to the consideration of any such joint nization’’; and ‘‘(g) EXCESS PROPERTY.—For purposes of resolution after it has been reported by the (3) by adding at the end the following: this chapter, the Secretary of State may use appropriate committee shall be treated as ‘‘(2) A certification under this subsection the authority of section 608, without regard highly privileged in the House of Representa- shall be submitted— to the restrictions of such section, to receive tives.’’. ‘‘(A) at least 15 days before approval is nonlethal excess property from any agency (b) THIRD COUNTRY TRANSFERS UNDER COM- given in the case of an agreement for or in a of the United States Government for the pur- MERCIAL SALES.—Section 3(d)(3) of such Act country which is a member of the North At- pose of providing such property to a foreign (22 U.S.C. 2753(d)(3)) is amended— lantic Treaty Organization or Australia, government under the same terms and condi- (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; Japan, or New Zealand; and tions as funds authorized to be appropriated (2) in the first sentence— ‘‘(B) at least 30 days before approval is for the purposes of this chapter.’’. (A) by striking ‘‘at least 30 calendar days’’; given in the case of an agreement for or in SEC. 1532. NOTIFICATION REQUIREMENT. and any other country; (a) IN GENERAL.—The authority of section (B) by striking ‘‘report’’ and inserting unless the President states in his certifi- 1003(d) of the National Narcotics Control ‘‘certification’’; and cation that an emergency exists which re- Leadership Act of 1988 (21 U.S.C. 1502(d)) may (3) by striking the last sentence and insert- quires the immediate approval of the agree- be exercised with respect to funds authorized ing the following: ‘‘Such certification shall ment in the national security interests of to be appropriated pursuant to the Foreign be submitted— the United States. Assistance Act of 1961 (22 U.S.C. 2151 et seq.) ‘‘(i) at least 15 calendar days before such ‘‘(3) If the President states in his certifi- and with respect to the personnel of the De- consent is given in the case of a transfer to cation that an emergency exists which re- partment of State only to the extent that a country which is a member of the North quires the immediate approval of the agree- the appropriate congressional committees Atlantic Treaty Organization or Australia, ment in the national security interests of have been notified 15 days in advance in ac- Japan, or New Zealand; and the United States, thus waiving the require- cordance with the reprogramming proce- ‘‘(ii) at least 30 calendar days before such ments of paragraph (4), he shall set forth in dures applicable under section 634A of that consent is given in the case of a transfer to the certification a detailed justification for Act (22 U.S.C. 2394). any other country, his determination, including a description of the emergency circumstances which neces- (b) DEFINITION.—For purposes of this sec- unless the President states in his certifi- tion, the term ‘‘appropriate congressional cation that an emergency exists which re- sitate the immediate approval of the agree- committees’’ means the Committee on Inter- quires that consent to the proposed transfer ment and a discussion of the national secu- national Relations and the Committee on become effective immediately in the na- rity interests involved. ‘‘(4) Approval for an agreement subject to Appropriations of the House of Representa- tional security interests of the United paragraph (1) may not be given under section tives and the Committee on Foreign Rela- States. If the President states in his certifi- 38 if the Congress, within the 15-day or 30- tions and the Committee on Appropriations cation that such an emergency exists (thus day period specified in paragraph (2)(A) or of the Senate. waiving the requirements of clause (i) or (ii), (B), as the case may be, enacts a joint resolu- as the case may be, and of subparagraph (B)) SEC. 1533. WAIVER OF RESTRICTIONS FOR NAR- tion prohibiting such approval. COTICS-RELATED ECONOMIC AS- the President shall set forth in the certifi- ‘‘(5)(A) Any joint resolution under para- SISTANCE. cation a detailed justification for his deter- graph (4) shall be considered in the Senate in For each of the fiscal years 1996 and 1997, mination, including a description of the accordance with the provisions of section narcotics-related assistance under part I of emergency circumstances which necessitate 601(b) of the International Security Assist- the Foreign Assistance Act of 1961 (22 U.S.C. that consent to the proposed transfer become ance and Arms Export Control Act of 1976. 2151 et seq.) may be provided notwithstand- effective immediately and a discussion of the ‘‘(B) For the purpose of expediting the con- ing any other provision of law that restricts national security interests involved. sideration and enactment of joint resolu- assistance to foreign countries (other than ‘‘(B) Consent to a transfer subject to sub- tions under paragraph (4), a motion to pro- section 490(e) or section 502B of that Act (22 paragraph (A) shall become effective after ceed to the consideration of any such joint U.S.C. 2291j(e) and 2304)) if, at least 15 days the end of the 15-day or 30-day period speci- resolution after it has been reported by the before obligating funds for such assistance, fied in subparagraph (A)(i) or (ii), as the case appropriate committee shall be treated as the President notifies the appropriate con- may be, only if the Congress does not enact, highly privileged in the House of Representa- gressional committees (as defined in section within that period, a joint resolution prohib- tives.’’. 481(e) of that Act (22 U.S.C. 2291(e))) in ac- iting the proposed transfer. (e) GOVERNMENT-TO-GOVERNMENT LEASES.— cordance with the procedures applicable to ‘‘(C)(i) Any joint resolution under this (1) CONGRESSIONAL REVIEW PERIOD.—Sec- reprogramming notifications under section paragraph shall be considered in the Senate tion 62 of such Act (22 U.S.C. 2796a) is amend- 634A of that Act (22 U.S.C. 2394). in accordance with the provisions of section ed— Subtitle E—Other Provisions 601(b) of the International Security Assist- (A) in subsection (a), by striking ‘‘Not less SEC. 1541. STANDARDIZATION OF CONGRES- ance and Arms Export Control Act of 1976. than 30 days before’’ and inserting ‘‘Before’’; SIONAL REVIEW PROCEDURES FOR ‘‘(ii) For the purpose of expediting the con- (B) in subsection (b)— ARMS TRANSFERS. sideration and enactment of joint resolu- (i) by striking ‘‘determines, and imme- (a) THIRD COUNTRY TRANSFERS UNDER FMS tions under this paragraph, a motion to pro- diately reports to the Congress’’ and insert- SALES.—Section 3(d)(2) of the Arms Export ceed to the consideration of any such joint ing ‘‘states in his certification’’; and Control Act (22 U.S.C. 2753(d)(2)) is amend- resolution after it has been reported by the (ii) by adding at the end of the subsection ed— appropriate committee shall be treated as the following: ‘‘If the President states in his (1) in subparagraph (A), by striking ‘‘, as highly privileged in the House of Representa- certification that such an emergency exists, provided for in sections 36(b)(2) and 36(b)(3) of tives.’’. he shall set forth in the certification a de- this Act’’; (c) COMMERCIAL SALES.—Section 36(c)(2) of tailed justification for his determination, in- (2) in subparagraph (B), by striking ‘‘law’’ such Act (22 U.S.C. 2776(c)(2)) is amended by cluding a description of the emergency cir- and inserting ‘‘joint resolution’’; and amending subparagraphs (A) and (B) to read cumstances which necessitate that the lease (3) by adding at the end the following: as follows: be entered into immediately and a discussion ‘‘(C) If the President states in his certifi- ‘‘(A) in the case of a license for an export of the national security interests involved.’’; cation under subparagraph (A) or (B) that an to the North Atlantic Treaty Organization, and emergency exists which requires that con- any member country of that Organization or (C) by adding at the end of the section the sent to the proposed transfer become effec- Australia, Japan, or New Zealand, shall not following: tive immediately in the national security in- be issued until at least 15 calendar days after ‘‘(c) The certification required by sub- terests of the United States, thus waiving the Congress receives such certification, and section (a) shall be transmitted— the requirements of that subparagraph, the shall not be issued then if the Congress, ‘‘(1) not less than 15 calendar days before President shall set forth in the certification within that 15-day period, enacts a joint res- the agreement is entered into or renewed in a detailed justification for his determina- olution prohibiting the proposed export; and the case of an agreement with the North At- tion, including a description of the emer- ‘‘(B) in the case of any other license, shall lantic Treaty Organization, any member gency circumstances which necessitate im- not be issued until at least 30 calendar days country of that Organization or Australia, mediate consent to the transfer and a discus- after the Congress receives such certifi- Japan, or New Zealand; and sion of the national security interests in- cation, and shall not be issued then if the ‘‘(2) not less than 30 calendar days before volved. Congress, within that 30-day period, enacts a the agreement is entered into or renewed in ‘‘(D)(i) Any joint resolution under this joint resolution prohibiting the proposed ex- the case of an agreement with any other or- paragraph shall be considered in the Senate port.’’. ganization or country.’’. H5090 CONGRESSIONAL RECORD — HOUSE May 15, 1996

(2) CONGRESSIONAL DISAPPROVAL.—Section Arms Export Control Act (22 U.S.C. 2751 et President determines that to do so is in the 63(a) of such Act (22 U.S.C. 2796b(a)) is seq.); or national security interest of the United amended— ‘‘(2) terminating such a designation. States.’’. (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; ‘‘(b) INITIAL DESIGNATIONS.—Australia, SEC. 1549. END-USE MONITORING OF DEFENSE (B) by striking out the ‘‘30 calendar days Egypt, Israel, Japan, the Republic of Korea, ARTICLES AND DEFENSE SERVICES. after receiving the certification with respect and New Zealand shall be deemed to have (a) IN GENERAL.—The Arms Export Control to that proposed agreement pursuant to sec- been so designated by the President as of the Act (22 U.S.C. 2751 et seq.) is amended by in- tion 62(a),’’ and inserting in lieu thereof ‘‘the effective date of this section, and the Presi- serting after chapter 3 the following new 15-day or 30-day period specified in section dent is not required to notify the Congress of chapter: 62(c) (1) or (2), as the case may be,’’; and such designation of those countries.’’. ‘‘CHAPTER 3A—END-USE MONITORING OF (C) by striking paragraph (2). (2) DEFINITION.—Section 644 of such Act (22 DEFENSE ARTICLES AND DEFENSE (f) EFFECTIVE DATE.—The amendments U.S.C. 2403) is amended by adding at the end SERVICES made by this section apply with respect to the following: ‘‘SEC. 40A. END-USE MONITORING OF DEFENSE certifications required to be submitted on or ‘‘(q) ‘Major non-NATO ally’ means a coun- ARTICLES AND DEFENSE SERVICES. after the date of the enactment of this Act. try which is designated in accordance with ‘‘(a) ESTABLISHMENT OF MONITORING PRO- SEC. 1542. INCREASED STANDARDIZATION, RA- section 517 as a major non-NATO ally for GRAM.— TIONALIZATION, AND INTEROPER- purposes of this Act and the Arms Export ‘‘(1) IN GENERAL.—In order to improve ac- ABILITY OF ASSISTANCE AND SALES Control Act (22 U.S.C. 2751 et seq.).’’. countability with respect to defense articles PROGRAMS. (3) EXISTING DEFINITIONS.—(A) The last sen- and defense services sold, leased, or exported Paragraph (6) of section 515(a) of the For- tence of section 21(g) of the Arms Export under this Act or the Foreign Assistance Act eign Assistance Act of 1961 (22 U.S.C. Control Act (22 U.S.C. 2761(g)) is repealed. of 1961 (22 U.S.C. 2151 et seq.), the President 2321i(a)(6)) is amended by striking ‘‘among (B) Section 65(d) of such Act (22 U.S.C. shall establish a program which provides for members of the North Atlantic Treaty Orga- 2796d(d)) is amended— the end-use monitoring of such articles and nization and with the Armed Forces of (i) by striking ‘‘or major non-NATO’’; and services. Japan, Australia, and New Zealand’’. (ii) by striking out ‘‘or a’’ and all that fol- ‘‘(2) REQUIREMENTS OF PROGRAM.—To the SEC. 1543. DEFINITION OF SIGNIFICANT MILI- lows through ‘‘Code’’. extent practicable, such program— TARY EQUIPMENT. (b) COOPERATIVE TRAINING AGREEMENTS.— ‘‘(A) shall provide for the end-use monitor- Section 47 of the Arms Export Control Act Section 21(g) of the Arms Export Control Act ing of defense articles and defense services in (22 U.S.C. 2794) is amended— (22 U.S.C. 2761(g)) is amended in the first sen- accordance with the standards that apply for (1) in paragraph (7), by striking ‘‘and’’ at tence by striking ‘‘similar agreements’’ and identifying high-risk exports for regular end- the end; all that follows through ‘‘other countries’’ use verification developed under section (2) in paragraph (8), by striking the period and inserting ‘‘similar agreements with 38(g)(7) of this Act (commonly referred to as at the end and inserting ‘‘; and’’; and countries’’. the ‘Blue Lantern’ program); and (3) by adding at the end the following new SEC. 1547. CERTIFICATION THRESHOLDS. ‘‘(B) shall be designed to provide reason- paragraph: (a) INCREASE IN DOLLAR THRESHOLDS.—The able assurance that— ‘‘(9) ‘significant military equipment’ Arms Export Control Act (22 U.S.C. 2751 et ‘‘(i) the recipient is complying with the re- means articles— seq.) is amended— quirements imposed by the United States ‘‘(A) for which special export controls are (1) in section 3(d) (22 U.S.C. 2753(d))— Government with respect to use, transfers, warranted because of the capacity of such ar- (A) in paragraphs (1) and (3), by striking and security of defense articles and defense ticles for substantial military utility or ca- ‘‘$14,000,000’’ each place it appears and insert- services; and pability; and ing ‘‘$25,000,000’’; and ‘‘(ii) such articles and services are being ‘‘(B) identified on the United States Muni- (B) in paragraphs (1) and (3), by striking used for the purposes for which they are pro- tions List.’’. ‘‘$50,000,000’’ each place it appears and insert- vided. ‘‘(b) CONDUCT OF PROGRAM.—In carrying SEC. 1544. ELIMINATION OF ANNUAL REPORTING ing ‘‘$75,000,000’’; out the program established under sub- REQUIREMENT RELATING TO THE (2) in section 36 (22 U.S.C. 2776)— SPECIAL DEFENSE ACQUISITION section (a), the President shall ensure that FUND. (A) in subsections (b)(1), (b)(5)(C), and the program— (c)(1), by striking ‘‘$14,000,000’’ each place it (a) IN GENERAL.—Section 53 of the Arms ‘‘(1) provides for the end-use verification of Export Control Act (22 U.S.C. 2795b) is hereby appears and inserting ‘‘$25,000,000’’; defense articles and defense services that in- repealed. (B) in subsections (b)(1), (b)(5)(C), and corporate sensitive technology, defense arti- (b) CONFORMING AMENDMENT.—Section (c)(1), by striking ‘‘$50,000,000’’ each place it cles and defense services that are particu- 51(a)(4) of such Act (22 U.S.C. 2795(a)(4)) is appears and inserting ‘‘$75,000,000’’; and larly vulnerable to diversion or other mis- amended— (C) in subsections (b)(1) and (b)(5)(C), by use, or defense articles or defense services (1) by striking ‘‘(a)’’; and striking ‘‘$200,000,000’’ each place it appears whose diversion or other misuse could have (2) by striking subparagraph (B). and inserting ‘‘$300,000,000’’; and significant consequences; and (3) in section 63(a) (22 U.S.C. 2796b(a))— SEC. 1545. COST OF LEASED DEFENSE ARTICLES ‘‘(2) prevents the diversion (through re- THAT HAVE BEEN LOST OR DE- (A) by striking ‘‘$14,000,000’’ and inserting verse engineering or other means) of tech- STROYED. ‘‘$25,000,000’’; and nology incorporated in defense articles. Section 61(a)(4) of the Arms Export Control (B) by striking ‘‘$50,000,000’’ and inserting ‘‘(c) REPORT TO CONGRESS.—Not later than Act (22 U.S.C. 2796(a)(4)) is amended by strik- ‘‘$75,000,000’’. 6 months after the date of the enactment of ing ‘‘and the replacement cost’’ and all that (b) EFFECTIVE DATE.—The amendments this section, and annually thereafter as a follows and inserting the following: ‘‘and, if made by subsection (a) apply with respect to part of the annual congressional presen- the articles are lost or destroyed while certifications submitted on or after the date tation documents submitted under section leased— of the enactment of this Act. 634 of the Foreign Assistance Act of 1961, the ‘‘(A) in the event the United States intends SEC. 1548. DEPLETED URANIUM AMMUNITION. President shall transmit to the Congress a to replace the articles lost or destroyed, the Chapter 1 of part III of the Foreign Assist- report describing the actions taken to imple- replacement cost (less any depreciation in ance Act of 1961 (22 U.S.C. 2370 et seq.), as ment this section, including a detailed ac- the value) of the articles; or amended by this title, is further amended by counting of the costs and number of person- ‘‘(B) in the event the United States does adding at the end the following new section: nel associated with the monitoring program. not intend to replace the articles lost or de- ‘‘SEC. 620G. DEPLETED URANIUM AMMUNITION. ‘‘(d) THIRD COUNTRY TRANSFERS.—For pur- poses of this section, defense articles and de- stroyed, an amount not less than the actual ‘‘(a) PROHIBITION.—Except as provided in fense services sold, leased, or exported under value (less any depreciation in the value) subsection (b), none of the funds made avail- this Act or the Foreign Assistance Act of specified in the lease agreement.’’. able to carry out this Act or any other Act 1961 (22 U.S.C. 2151 et seq.) includes defense may be made available to facilitate in any SEC. 1546. DESIGNATION OF MAJOR NON-NATO articles and defense services that are trans- ALLIES. way the sale of M–833 antitank shells or any ferred to a third country or other third (a) DESIGNATION.— comparable antitank shells containing a de- party.’’. (1) NOTICE TO CONGRESS.—Chapter 2 of part pleted uranium penetrating component to (b) EFFECTIVE DATE.—Section 40A of the II of the Foreign Assistance Act of 1961 (22 any country other than— Arms Export Control Act, as added by sub- U.S.C. 2311 et seq.), as amended by this title, ‘‘(1) a country that is a member of the section (a), applies with respect to defense is further amended by adding at the end the North Atlantic Treaty Organization; articles and defense services provided before following new section: ‘‘(2) a country that has been designated as or after the date of the enactment of this ‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO a major non-NATO ally (as defined in section Act. ALLIES. 644(q)); or SEC. 1550. BROKERING ACTIVITIES RELATING TO ‘‘(a) NOTICE TO CONGRESS.—The President ‘‘(3) Taiwan. COMMERCIAL SALES OF DEFENSE shall notify the Congress in writing at least ‘‘(b) EXCEPTION.—The prohibition con- ARTICLES AND SERVICES. 30 days before— tained in subsection (a) shall not apply with (a) IN GENERAL.—Section 38(b)(1)(A) of the ‘‘(1) designating a country as a major non- respect to the use of funds to facilitate the Arms Export Control Act (22 U.S.C. NATO ally for purposes of this Act and the sale of antitank shells to a country if the 2778(b)(1)(A)) is amended— May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5091 (1) in the first sentence, by striking ‘‘As ‘‘(ii) has available sufficient funds provided three-quarters of its normal service life’’; prescribed in regulations’’ and inserting ‘‘(i) by or on behalf of such other foreign govern- and As prescribed in regulations’’; and ment or international organization pursuant (2) by inserting after the second sentence (2) by adding at the end the following new to a letter of offer and acceptance imple- the following new sentence: ‘‘The President clause: mented in accordance with this Act. may waive the requirement of paragraph (4) ‘‘(ii)(I) As prescribed in regulations issued ‘‘(3) REQUIREMENT.—(A) The foreign gov- for reimbursement of depreciation for any under this section, every person (other than ernment or international organization re- defense article which has passed three-quar- an officer or employee of the United States ceiving a new or repaired defense article in ters of its normal service life if the President Government acting in official capacity) who exchange for a repairable defense article pur- determines that to do so is important to the engages in the business of brokering activi- suant to paragraph (1) shall, upon the ac- national security interest of the United ties with respect to the manufacture, export, ceptance by the United States Government States.’’. import, or transfer of any defense article or of the repairable defense article being re- (b) EFFECTIVE DATE.—The third sentence of defense service designated by the President turned, be charged the total cost associated section 61(a) of the Arms Export Control Act, under subsection (a)(1), or in the business of with the repair and replacement transaction. as added by subsection (a)(2), shall apply brokering activities with respect to the man- ‘‘(B) The total cost charged pursuant to only with respect to a defense article leased ufacture, export, import, or transfer of any subparagraph (A) shall be the same as that on or after the date of the enactment of this foreign defense article or defense service (as charged the United States Armed Forces for Act. defined in subclause (IV)), shall register with a similar repair and replacement trans- SEC. 1553. ELIGIBILITY OF PANAMA UNDER ARMS the United States Government agency action, plus an administrative surcharge in EXPORT CONTROL ACT. charged with the administration of this sec- accordance with subsection (e)(1)(A) of this The Government of the Republic of Pan- tion, and shall pay a registration fee which section. ama shall be eligible to purchase defense ar- shall be prescribed by such regulations. ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI- ticles and defense services under the Arms ‘‘(II) Such brokering activities shall in- SIONS OF LAW.—The authority of the Presi- Export Control Act (22 U.S.C. 2751 et seq.), clude the financing, transportation, freight dent to accept the return of a repairable de- except as otherwise specifically provided by forwarding, or taking of any other action fense article as provided in subsection (a) law. that facilitates the manufacture, export, or shall not be subject to chapter 137 of title 10, import of a defense article or defense service. United States Code, or any other provision of MODIFICATION TO THE AMENDMENT OFFERED BY ‘‘(III) No person may engage in the busi- law relating to the conclusion of contracts.’’. MR. TRAFICANT OF OHIO (AMDT B–20 IN HOUSE ness of brokering activities described in sub- (b) RETURN OF DEFENSE ARTICLES.—Section REPORT 104–570) clause (I) without a license, issued in accord- 21 of such Act (22 U.S.C. 2761), as amended by The amendment as modified is as follows: ance with this Act, except that no license subsection (a), is further amended by adding At the end of title X (page 359, after line shall be required for such activities under- at the end the following new subsection: 20), insert the following new section: taken by or for an agency of the United ‘‘(m) RETURN OF DEFENSE ARTICLES.— SEC. 1041. ANNUAL REPORT RELATING TO BUY States Government— ‘‘(1) IN GENERAL.—The President may ac- AMERICAN ACT. ‘‘(aa) for use by an agency of the United cept the return of a defense article from a The Secretary of Defense shall submit to States Government; or foreign country or international organiza- Congress, not later than 60 days after the end ‘‘(bb) for carrying out any foreign assist- tion if such defense article— of each fiscal year, a report on the amount of ance or sales program authorized by law and ‘‘(A) previously was transferred to such purchases by the Department of Defense country or organization under this Act; subject to the control of the President by from foreign entities in that fiscal year. ‘‘(B) is not significant military equipment other means. Such report shall separately indicate the ‘‘(IV) For purposes of this clause, the term (as defined in section 47(9) of this Act); and dollar value of items for which the Buy ‘foreign defense article or defense service’ in- ‘‘(C) is in fully functioning condition with- American Act (41 U.S.C. 10a et seq.) was cludes any non-United States defense article out need of repair or rehabilitation. waived pursuant to any of the following: or defense service of a nature described on ‘‘(2) LIMITATION.—The President may exer- (1) Any reciprocal defense procurement cise the authority provided in paragraph (1) the United States Munitions List regardless memorandum of understanding described in only to the extent that the Department of of whether such article or service is of Unit- section 849(c)(2) of Public Law 103–160 (41 Defense— ed States origin or whether such article or U.S.C. 10b–2 note). ‘‘(A)(i) has a requirement for the defense service contains United States origin compo- (2) The Trade Agreements Act of 1979 (19 article being returned; and nents.’’. U.S.C. 2501 et seq.) ‘‘(ii) has available sufficient funds author- (3) Any international agreement to which (b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) of the Arms Export Control Act, as added by ized and appropriated for such purpose; or the United States is a party. ‘‘(B)(i) is accepting the return of the de- subsection (a), shall apply with respect to fense article for subsequent transfer to an- AMENDMENT TO H.R. 3230, AS REPORTED OF- brokering activities engaged in beginning on other foreign government or international FERED BY MR. KENNEDY OF MASSACHUSETTS or after 120 days after the enactment of this organization pursuant to a letter of offer and (AMDT B–28 IN HOUSE REPORT 104–570) Act. acceptance implemented in accordance with At the end of title X (page 359, after line SEC. 1551. RETURN AND EXCHANGES OF DE- this Act; and FENSE ARTICLES PREVIOUSLY 20), insert the following new section: TRANSFERRED PURSUANT TO THE ‘‘(ii) has available sufficient funds provided SEC. 1041. SENSE OF CONGRESS CONCERNING AS- ARMS EXPORT CONTROL ACT. by or on behalf of such other foreign govern- SISTING OTHER COUNTRIES TO IM- (a) REPAIR OF DEFENSE ARTICLES.—Section ment or international organization pursuant PROVE SECURITY OF FISSILE MATE- 21 of the Arms Export Control Act (22 U.S.C. to a letter of offer and acceptance imple- RIAL. (A) FINDINGS.—Congress finds the follow- 2761) is amended by adding at the end the fol- mented in accordance with this Act. ‘‘(3) CREDIT FOR TRANSACTION.—Upon acqui- ing: lowing new subsection: (1) With the end of the Cold War, the world ‘‘(l) REPAIR OF DEFENSE ARTICLES.— sition and acceptance by the United States is faced with the need to manage the disman- ‘‘(1) IN GENERAL.—The President may ac- Government of a defense article under para- tling of vast numbers of nuclear weapons and quire a repairable defense article from a for- graph (1), the appropriate Foreign Military the disposition of the fissile materials that eign country or international organization if Sales account of the provider shall be cred- they contain. such defense article— ited to reflect the transaction. ‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI- (2) If recently agreed reductions in unclear ‘‘(A) previously was transferred to such weapons are fully implemented, tens of thou- country or organization under this Act; SIONS OF LAW.—The authority of the Presi- dent to accept the return of a defense article sands of nuclear weapons, containing a hun- ‘‘(B) is not an end item; and dred tons or more of plutonium and many ‘‘(C) will be exchanged for a defense article as provided in paragraph (1) shall not be sub- ject to chapter 137 of title 10, United States hundreds of tons of highly enriched uranium, of the same type that is in the stocks of the will no longer be needed for military pur- Department of Defense. Code, or any other provision of law relating to the conclusion of contracts.’’. poses. ‘‘(2) LIMITATION.—The President may exer- (c) REGULATIONS.—Under the direction of (3) Plutonium and highly enriched uranium cise the authority provided in paragraph (1) the President, the Secretary of Defense shall are the essential ingredients of nuclear only to the extent that the Department of promulgate regulations to implement sub- weapons. Defense— sections (l) and (m) of section 21 of the Arms (4) Limits on access to plutonium and ‘‘(A)(i) has a requirement for the defense Export Control Act, as added by this section. highly enriched uranium are the primary article being returned; and SEC. 1552. NATIONAL SECURITY INTEREST DE- technical barrier to acquiring nuclear weap- ‘‘(ii) has available sufficient funds author- TERMINATION TO WAIVE REIM- ons capability in the world today. ized and appropriated for such purpose; or BURSEMENT OF DEPRECIATION FOR (5) Several kilograms of plutonium, or sev- ‘‘(B)(i) is accepting the return of the de- LEASED DEFENSE ARTICLES. eral times that amount of highly enriched fense article for subsequent transfer to an- (a) IN GENERAL.—Section 61(a) of the Arms uranium, are sufficient to make a nuclear other foreign government or international Export Control Act (22 U.S.C. 2796(a)) is weapons. organization pursuant to a letter of offer and amended— (6) Plutonium and highly enriched uranium acceptance implemented in accordance with (1) in the second sentence, by striking ‘‘, or will continue to pose a potential threat for this Act; and to any defense article which has passed as long as they exist. H5092 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (7) Action is required to secure and ac- in subsection (a) reduced by $6,000,000 for use Mr. Chairman, I had intended to offer count for plutonium and highly enriched of prior year balances. an amendment to eliminate the De- uranium. partment of Defense MANTECH pro- MODIFICATION TO THE AMENDMENT OFFERED BY (8) It is in the national interest of the gram because I believe the program has United States to— MR. HALL OF OHIO (AMDT B-35 IN HOUSE RE- (A) minimize the risk that fissile materials PORT 104–570) serious flaws. After examining one could be obtained by unauthorized parties; The amendment as modified is as follows: Navy manufacturing technology center (B) minimize the risk that fissile materials At the end of subtitle D of title XXXI (page of excellence in my district, I became could be reintroduced into the arsenals from 543, after line 17), insert the following new concerned that the taxpayer dollars which they came, halting or reversing the section: were not being spent wisely. I found arms reduction process; and SEC. 3145. WORKER HEALTH AND SAFETY IM- that despite significant Federal invest- (C) strengthen the national and inter- PROVEMENTS AT DEFENSE NU- ment, the center had not lived up to its national control mechanisms and incentives CLEAR COMPLEX, MIAMISBURG, designed to ensure continued arms reduc- OHIO. promises. Job promises had not been tions and prevent the spread of nuclear (a) WORKER HEALTH AND SAFETY ACTIVI- realized. overhead appeared excessive. weapons. TIES.—The Secretary of Energy shall carry As an example, I read news reports of (b) SENSE OF CONGRESS.—In light of the out the following activities at the defense purchases of $69 tape dispensers and findings contained in subsection (a), it is the nuclear complex at Miamisburg, Ohio. $6,000 conference tables. Executive sense of Congress that the United States has (1) Within 12 months after the date of the compensation was, I believe, out of line a national security interest in assisting enactment of this Act, completion of the evaluation of pre-1989 internal radiation dose with the center’s responsibilities. As other countries to improve the security of an example, the director received a their stocks of fissile material. assessments for workers who may have re- ceived a dose greater than 20 rem. $50,000 pay raise at the same time the MODIFICATION TO THE AMENDMENT OFFERED BY (2) Installation of state-of-the-art auto- company shrunk by two-thirds, in- MR. LEWIS OF CALIFORNIA (AMDT B–31 IN mated personnel contamination monitors at creasing his compensation to $261,000 a HOUSE REPORT 104–570) appropriate radiation control points and fa- year. cility exits, and purchase and installation of The amendment as modified is as follows: This led me to the 1992 GAO study of an automated personnel access control sys- At the end of title X (page 359, after line the MANTECH program. I would like tem. 20), insert the following new section: (3) Upgrading of the radiological records to quote from the 1992 study. This is a SEC. 1041. SOUTHWEST BORDER STATES ANTI- software and integration with a radiation direct quote. DRUG INFORMATION SYSTEM. work permit system. The Office of the Secretary of Defense does It is the sense of Congress that the Federal (4) Implementation of a program that will not have reasonable assurances that the Government should support and encourage characterize the radiological conditions of MANTECH program is being effectively im- the full utilization of the Southwest Border the site and facilities prior to decontamina- plemented. States Anti-Drug Information System. tion so that radiological hazards are clearly The cost savings or financial benefits being identified and results of the characterization attributed to the MANTECH projects are not AMENDMENT TO H.R. 3230, AS REPORTED OF- validated. reliable. FERED BY MR. TAYLOR OF MISSISSIPPI (AMDT (5) Review and improvement of the evalua- The Office of the Secretary of Defense has B–32 IN HOUSE REPORT 104–570) tion of continuous air monitoring and imple- not established a methodology for assessing At the end of subtitle B of title XXVIII mentation of a personal air sampling pro- the program’s impact. (page 459, after line 5), insert the following gram within 60 days after the date of the en- In response to the 1992 GAO study, new section: actment of this Act. the Department of Defense expressed SEC. 2816. PLAN FOR UTILIZATION, REUTILIZA- (6) Upgrading of bioassay analytical proce- TION, OR DISPOSAL OF MISSISSIPPI dures to ensure that contract laboratories concern that congressional earmarks ARMY AMMUNITION PLANT. are properly selected and independently vali- has not been evaluated against any se- Not later than 180 days after the date of dated by the Department of Energy and that lective criteria, no benefits had been the enactment of this Act, the Secretary of quality control is assured. quantified, and no analysis of cost ef- the Army shall submit to Congress a plan for (7) Implementation of bioassay and inter- fectiveness had been performed. the utilization, reutilization, or disposal of nal dose calculation methods that are spe- I understand that the Committee on the Mississippi Army Ammunition Plant, cific to the radiological hazards identified at National Security and the Congress did the site. Hancock County, Mississippi. move in 1992 and 1994 to address some At the end of title XXVI (page 443, after (b) FUNDING.—Of the funds authorized in line 21), insert the following new section: section 3102(e), $5,000,000 shall be available to of these problems. I commend the gen- SEC. 2602. NAMING OF RANGE AT CAMP SHELBY, the Secretary of Energy to perform the ac- tleman from South Carolina and his MISSISSIPPI. tivities required by subsection (a) and such committee for these efforts. The pro- (a) NAME.—The multi Purpose Range Com- other activities to improve worker health gram has apparently been tightened up plex (Heavy) at Camp Shelby, Mississippi, and safety at the defense nuclear complex at and further controls put on spending. shall after the date of the enactment of this Miamisburg, Ohio, as the Secretary consid- However, I remain concerned that Act be known and designated as the ‘‘G.V. ers appropriate. Congress still lacks the complete (Sonny) Montgomery Range’’. Any reference (c) SAVINGS PROVISION.—Nothing in this section shall be construed as affecting appli- knowledge needed to evaluate this pro- to such range in any law, regulation, map, gram. The Congress still does not know document, record, or other paper of the Unit- cable statutory or regulatory requirements ed States shall be considered to be a ref- relating to worker health and safety. if doing business through the mili- erence to the G.V. (Sonny) Montgomery Mr. SPENCE (during the reading). tary’s centers of excellence is an effec- Range. Mr. Chairman, I ask unanimous con- tive way to get the most for the tax- (b) EFFECTIVE DATE.—Subsection (a) shall sent that the modifications be consid- payers’ money. take effect at noon on January 3, 1997, or the ered as read and printed in the RECORD. Mr. Chairman, would the gentleman first day on which G.V. (Sonny) Montgomery The CHAIRMAN. Is there objection consider requesting a follow-up to the otherwise ceases to be a Member of the 1992 GAO report to provide the knowl- House of Representatives. to the request of the gentleman from South Carolina? edge needed to further evaluate the ef- AMENDMENT TO H.R. 3230, AS REPORTED OF- There was no objection. fectiveness of this program? FERED BY MR. HASTINGS OF WASHINGTON The CHAIRMAN. Pursuant to the Mr. SPENCE. Mr. Chairman, will the (AMDT B–34 IN HOUSE REPORT 104–570) rule, the gentleman from South Caro- gentleman yield? In section 3104 (title XXXI): lina [Mr. SPENCE] and the gentleman Mr. NEUMANN. I yield to the gen- Insert at the end of paragraph (8) (page 519, from California [Mr. DELLUMS] each tleman from South Carolina. after line 19) the following new paragraph will control 10 minutes. Mr. SPENCE. Mr. Chairman, al- (and renumber the next paragraph accord- The Chair recognizes the gentleman though the committee has no knowl- ingly): from South Carolina [Mr. SPENCE]. edge of the claims by the gentleman in (9) For nuclear security/Russian produc- Mr. SPENCE. Mr. Chairman, I yield 3 his district, I will agree that a GAO tion reactor shutdown, $6,000,000. minutes to the gentleman from Wis- study is timely, since the Congress has Designate the text of such section as sub- EUMANN taken serious steps to ensure a strong section (a) and insert at the end (page 520, consin [Mr. N ]. after line 20) the following new subsection: Mr. NEUMANN. Mr. Chairman, I manufacturing program in the Depart- (b) ADJUSTMENT.—The total amount au- would like to engage the distinguished ment of Defense. thorized to be appropriated pursuant to this chairman of the Committee on Na- Mr. NEUMANN. I thank the gen- section is the sum of the amounts specified tional Security in a colloquy. tleman from South Carolina and look May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5093 forward to working with his committee (Mr. HASTINGS of Washington asked committee chairman believes that funding for on this issue. and was given permission to revise and this program should come out of foreign as- Mr. DELLUMS. Mr. Chairman, I extend his remarks.) sistance funding, rather than out of defense yield myself 11⁄2 minutes for the pur- Mr. HASTINGS of Washington. Mr. spending, and I would propose that we work pose of entering into a colloquy with Chairman, I thank the gentleman for together to see that this program is adequately my distinguished colleague, the gen- yielding me time. I rise in support of funded in this manner. tleman from Indiana [Mr. ROEMER]. this amendment. I applaud the com- Second, I applaud the committee for accept- Mr. ROEMER. Mr. Chairman, will the mittee’s decision to accept my amend- ing my legislation to streamline the Depart- gentleman yield? ment in this end bloc amendment, pro- ment of Energy's Environmental Management Mr. DELLUMS. I yield to the gen- viding funding for the Russian Reactor Program. My bill codifies important steps that tleman from Indiana. Conversion Program. I spite of the fact the Department has taken in the past few (Mr. ROEMER asked and was given that the cold war is over, Russia con- months, including: permission to revise and extend his re- tinues to use many of its nuclear reac- Granting additional authority to local site marks.) tors to produce weapons grade pluto- managers to cut through the redtape and get Mr. ROEMER. Mr. Chairman, I rise nium. My amendment, which utilizes the cleanup job done; to commend the efforts of the commit- existing funding, will allow us to shut Allowing site managers to transfer funding tee to support key modernization ef- down these reactors, reducing the di- to the most critical cleanup projects; forts for our services and wish to com- rect threat to the United States. Near- Placing strict new limits on burdensome in- pliment both Chairman SPENCE and ly everyone I talked to supports this ternal paperwork requirementsÐalso known Ranking Member DELLUMS for their ef- amendment. as DOE orders; forts in meeting the needs of our armed Mr. Chairman, I also want to take a Encouraging performance based contracts, services. However, I would like to point minute to mention an issue of particu- to ensure that private contractors are given an out some deep concern regarding the lar interest to my district. This bill in- incentive to spend our tax dollars wisely; HMMWV. cludes provisions in the committee Encouraging streamlined approval proc- The HMMWV, manufactured in South mark to streamline the DOE’s environ- esses for new technology; and, Bend, IN, is the world leader in light mental management program, includ- Allowing budget savings at cleanup sites to tactical wheeled vehicles which are ing, No. 1, granting additional author- be used for other key projects. needed for rapid deployment forces. Its ity to local site managers to cut These provisions are a significant step to- versatility also allows it to serve as a through redtape and get the cleanup wards fundamental reform of the DOE cleanup platform for newly developed command job done, placing strict limits on bur- program. They will not only speed progress and control, shelter, and weapons sys- densome paperwork known as DOE or- made on cleanup, but ensure that Federal re- tems programs. The new UpArmored ders and otherwise streamlining the sources are used effectively. As a result, I version is also critical to protecting DOE orders, and more important, re- strongly urge that my colleagues support this our troops now serving in Bosnia from quiring performance based contracts to legislation. the extensive threat of mines. The assure contractors are given incentives Mr. DELLUMS. Mr. Chairman, I HMMWV might also be used to help the to spend our tax dollars wisely. yield 2 minutes to my distinguished INS patrol our borders and the U.N. Mr. Chairman, I rise today to urge my col- colleague, the gentleman from Ohio keep the peace. leagues to support this critical legislation. [Mr. TRAFICANT]. The HMMWV budget request for fis- For more than a decade, we have sat by as (Mr. TRAFICANT asked and was cal year 1997 is not sufficient to pre- our Nation's defense spending has been dra- given permission to revise and extend vent a gap in both the vehicle and ar- matically reduced. In fact, spending on pro- his remarks.) moring production lines. General curement has fallen by 70 percent since 1985. Mr. TRAFICANT. Mr. Chairman, I Reimer, Chief of Staff of the U.S. Thus, the committee's action to increase fund- once made a statement with all this Army, placed the HMMWV near the top ing over the President's request is a welcome ‘‘Buy American’’ stuff when I heard all of his unfunded requirements priority changeÐone which will ensure that our mili- of the arguments that we could hire list in testimony before Congress. An tary remains the best equipped and best generals a lot cheaper from Korea. Evi- increase of $66 million above this re- trained in the world. dently it helped me, and in 1994, I want quest is required to avoid a production I also want to take a minute to mention two to give credit to then Chairman DEL- gap and meet priority vehicle fielding issues that are of particular interest to my dis- LUMS who had helped me pass a law requirements. I note the Senate ver- trict. that says that if in fact a foreign coun- sion of the bill includes this additional First, I applaud the committee's decision to try discriminates against certain types authorization for fiscal year 1997 and accept my amendment providing funding for of American products, then there shall urge my colleagues to support this the Russian Reactor Conversion Program. In be no waivers of the blanket ‘‘Buy level of funding in the upcoming au- spite of the fact that the cold war is over, Rus- American’’ Act. thorization conference in order to en- sia continues to use many of its nuclear reac- I think that is a very important piece sure protection of our troops in Bosnia tors to produce weapons-grade plutonium. of legislation. I want to thank the gen- and other hostile areas. The Department of Energy runs a small pro- tleman from helping with that. The Mr. DELLUMS. Mr. Chairman, re- gram which focuses on either shutting down reason why I have asked for the time is claiming my time, I share the concerns these reactors, or converting them so that they I want to engage in a colloquy with the of my distinguished colleague from In- will not be able to produce plutonium. The pro- chairman, and I commend the chair- diana, and I recognize the importance gram also leverages U.S. expertise in spent man for the fine job he has done. of the HMMWV Program and its exten- nuclear fuel management, in order to prevent But is that, because it was author- sive role in meeting the services’ cur- reprocessing. ized in 1994 as a part of the Defense au- rent requirements. I would further like My amendment asks for no new funding. It thorization bill, permanent law? to assure the gentleman from Indiana will fund the program out of unspent balances Mr. SPENCE. Mr. Chairman, will the that this issue will be considered dur- from prior years. Nearly everyone who I have gentleman yield? ing the upcoming conference, and I spoken to supports the program, and the de- Mr. TRAFICANT. I yield to the gen- yield to the gentleman for a final re- bate thus far has simply been over which Fed- tleman from South Carolina. mark. eral agency should fund itÐnot whether it Mr. SPENCE. Mr. Chairman, the gen- Mr. ROEMER. Mr. Chairman, I thank should be funded. By authorizing the use of tleman is correct. The operative provi- the distinguished gentleman and existing funds, my amendment will preserve sion of the gentleman’s original former chairman of the committee for an important non-proliferation initiative, without amendment is already in law as part of his support and articulate words. taking funding away from crucial defense pro- the fiscal year 1994 Defense Authoriza- Mr. DELLUMS. Mr. Chairman, I re- grams. tion Act. serve the balance of my time. A related DOE project, the International Nu- Mr. TRAFICANT. With that, Mr. Mr. SPENCE. Mr. Chairman, I yield 1 clear Safety Program, works to ensure the se- Chairman, again I thank everybody. I minute to the gentleman from the curity and safety of Russian power-producing want to thank Chairman DELLUMS be- State of Washington [Mr. HASTINGS]. nuclear reactors. I understand that the sub- cause it took us some time to get that H5094 CONGRESSIONAL RECORD — HOUSE May 15, 1996 done under his leadership. He took a predecessor program to JAST, called The gentleman from Mississippi is a loot at that. advanced short takeoff and vertical veteran of the U.S. Army in World War Second of all, my amendment now landing aircraft. II, a retired National Guard General, calls for a report. I think we must In 1994, the committee again zeroed member of the House National Secu- know the status of when this buy the funding request for this program. rity Committee, and former chairman American act is waived, what are the In 1995, the committee authorized the of the Veterans’ Affairs Committee. He dollar amounts and what are the goods DOD request. However, in its report on has dedicated his life to serving the Na- being produced and purchased overseas. the bill the committee stated it did so tion both on the front lines of battle So I want to again thank the chair- ‘‘more out of concern for the industrial and in the Halls of Congress. man for including this in the en bloc, base than as an endorsement of the re- Incidentally, I would like to mention and I want to thank Chairman DEL- quirement for such an aircraft.’’ that during every single Christmas LUMS under his leadership for enacting So no one should be surprised by the break during the Vietnam war, Chair- this that is now permanent law. committee’s recommendation. The man MONTGOMERY spent his Christmas Mr. SPENCE. Mr. Chairman, I yield 2 committee’s views have been consist- in Vietnam with the troops. minutes to the gentleman from Penn- ent through 4 years of Democrat and His legislative legacy is impeccable. sylvania [Mr. WELDON], the chairman Republican leadership. It includes the Montgomery G.I. bill, of our Subcommittee on Research and Now that more Members have ex- championing the concept of an All Vol- Development. pressed an interest in pursuing the de- unteer military, making the Reserves (Mr. WELDON of Pennsylvania asked tails of this $300 billion program, I in- truly a ready force, and equipping and and was given permission to revise and tend to recommend to the chairman strengthening the National Guard. He extend his remarks.) that we come out of conference with a fought for reemployment rights for re- Mr. WELDON of Pennsylvania. Mr. requirement that first, the Pentagon servists and National Guard personnel Chairman, there is a provision in our comply with the law and that they who were called to active duty. He en- bill about a program called Joint Ad- meet the reporting requirements of a sured that our Nation’s veterans were vanced Strike Technology, also known major defense acquisition program. eligible for basic benefits like to industry as the joint strike fighter, Second, that an independent analysis healthcare, low-interest home loans, that very few Members of this body be done regarding the so-called joint and a chance for a better education. have any knowledge of. requirement for this program, and fi- And, in spite of all his triumphs and Our committee recommendation in nally, that we restrict obligation of personal successes, Congressman this bill on the Joint Advanced Strike funding for JAST until the Pentagon MONTGOMERY remains a kind and hum- Technology Program restricts funding complies with these two requirements. ble man. His successor will no doubt and asks for further justification for Mr. DELLUMS. Mr. Chairman, I have huge shoes to fill. 1 the program. This action has been yield 2 ⁄2 minutes to the distinguished Mr. Chairman, I am honored to have viewed as controversial by some be- gentleman from Mississippi [Mr. TAY- had the opportunity to serve with cause it is seen as directed at one par- LOR ]. SONNY MONTGOMERY. I will be forever ticular military service. Others find Mr. TAYLOR of Mississippi. Mr. grateful for what he has done person- our action controversial because they Chairman, I thank the distinguished ally to assist me, the great things he claim that the committee’s action ranking minority member for yielding has done for our State, our Nation’s came as a surprise and without suffi- the time. veterans, and our Nation. You will be cient debate. I appreciate these views, Mr. Chairman, the amendment which missed, SONNY. Good luck in your re- however this body needs to more fully I am offering is included in the chair- tirement. understand the basis for the commit- man’s en bloc amendment. The first Mr. SPENCE. Mr. Chairman, I yield tee’s action on JAST. section of my amendment contains lan- myself 1 minute. First, let me say that while most of guage which requires the Army not Mr. Chairman, I do so for the purpose you have never heard of this program later than 180 days after the enactment of joining the gentleman from Mis- called JAST, CBO estimates it is a $300 of the fiscal year 1997 defense author- sissippi, Mr. TAYLOR, in paying tribute billion program. Yes, I said $300 billion. ization to submit to Congress a plan to our colleague, SONNY MONTGOMERY, That is more than 7 B–2 programs and for the utilization, reutilization, or dis- not only in naming this particular is well over the total amount of the en- posal of the Mississippi Army ammuni- range after the gentleman from Mis- tire DOD budget that we are debating. tion plant which is located in Hancock sissippi, but for his long and distin- DOD wants to spend $300 billion of County, MS. your money, but the Pentagon refuses The second section of my amend- guished service to this body. to classify JAST as an acquisition pro- ment, which I think many will have a As I said on yesterday and on other gram—for reasons only Pentagon law- great interest in, would name the mul- occasions too, I know of no person on yers can seek to justify. tipurpose range complex heavy tank either side of the aisle who has stood Section 2430 and 2432 of title 10, Unit- training facility at Camp Shelby, MS, stronger for national defense over the years than SONNY MONTGOMERY. He is ed States Code that govern Defense De- for Congressman G.V. ‘‘SONNY’’ MONT- going to be sorely missed in this body partment major acquisition programs, GOMERY. define what constitutes a major de- As Mississippi Adj. Gen. James H. and by this country when he retires. fense acquisition program and require Garner wrote: Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. that the Pentagon provide the Con- Congressman G.V. ‘‘SONNY’’ MONTGOMERY gress certain reports detailing overall has been especially supportive in the devel- LAUGHLIN]. costs and schedules for major acquisi- opment of Camp Shelby to meet the training (Mr. LAUGHLIN asked and was given tion programs so we can meet our over- needs for not only the Mississippi National permission to revise and extend his re- sight responsibilities. Guard, but the many other States using marks.) However, while the Pentagon intends Camp Shelby for their annual training * * * Mr. LAUGHLIN. Mr. Chairman, as an I feel that it would be very appropriate, in to spend $300 billion of taxpayer officer in the active and Reserve U.S. tribute to Congressman Montgomery as he Army for over 30 years, I rise in sup- money, it refuses to comply with the retires at the end of this year, that the mul- law. The Pentagon has spent $400 mil- tipurpose range complex be named the G.V. port of H.R. 3230. lion already and plans to spend nearly ‘‘SONNY’’ MONTGOMERY multipurpose Range. I would like to begin by thanking $4 billion more during the next 6 years I would wholeheartedly support such legisla- Chairman SPENCE and Chairman DOR- and ultimately $300 billion for what the tive initiative to honor Congressman Mont- NAN for their support of title 12 of the Pentagon continues to call a non- gomery in this way. defense authorization bill, known as acquisition program. Just briefly, since he was first elect- the Reserve Revitalization Act of 1996. No one should be surprised by our ed in 1966, Representative MONTGOMERY They recognize the vitality and im- committee’s action. has steadfastly served as the voice of portance of our Reserve components in In 1993 the committee zeroed the the citizens of Mississippi’s Third Dis- the national defense of the United funding for the Navy’s request for the trict in Congress and our Nation. States. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5095

On behalf of my fellow reservists and This year’s legislation, in part, is an- from California [Ms. WATERS], another guardsmen, I can tell you that their de- other attempt to require the Army to of my distinguished colleagues. votion to our Nation’s citizen-soldiers improve the Readiness of the Army Re- Ms. WATERS. Mr. Chairman, I would is known and very appreciated. serve. like to thank the gentleman from In particular, I would like to express All former chiefs of the Army Re- South Carolina, Chairman SPENCE, and my appreciation to Congressman serve support the current bill language, the gentleman from California, Rank- SONNY MONTGOMERY. based on their years of practical expe- ing Member DELLUMS, for including my Without Mr. MONTGOMERY’s support rience. amendment in the en bloc amendment. of the Revitalization Act and his years You heard Mr. MONTGOMERY read one As in other sectors of society, the de- of dedication to the national security letter that expressed the sense of those fense industry has undergone a wave of of our great land, our country would be past leaders of the Army Reserve. mergers in the past few years. With a very different place. In addition, the Chief of Staff of the this much consolidation, I think it I also would like to thank my friend Air Force, the Chief of Naval Oper- makes good sense for the Department from New Jersey, Mr. SAXTON, for with- ations and the Commandant of the Ma- of Defense to take a hard look at some drawing his amendment to the defense rine Corps personally were involved in of the consequences of this massive authorization bill. drafting this important language. change. I believe it is important that my fel- Each of them supports direct report- In 1994, Northrop and Grumman low Members understand why it is so ing between the Reserve Commander merged, Loral and IBM-Federal Sys- important that the Army Reserve re- and the Chief of Staff as necessary and tems merged, and Martin Marietta port directly to the chief of Staff of the required for Reserve readiness. merged with both General Dynamics- Army. Every study which has examined the Space Systems and Lockheed that Simply stated, this will improve the Army Reserve has emphatically rec- year. readiness of the Army Reserve. ommended that the Army Reserve In 1995, Loral merged with Unysis- Of all the Reserve components, the Commander report directly to the Defense. Litton merged with Teledyne- U.S. Army Reserve has the lowest read- Chief of Staff. Electronics. Raytheon merged with E- iness of any of our military Reserve This is the best way to improve the Systems, and Hughes merged with commands. Army Reserve’s readiness, because it Magnavox-Electronic Systems. I agree with Mr. SKELTON that the puts the chief of the Army Reserve at Already this year, Northrop-Grum- Army Reserve readiness has improved the table with the Army’s top man has merged with Westinghouse- somewhat. decisionmakers. Defense Electronics and Lockheed- But this improvement is not because This is the same organization fol- Martin has merged with Loral-Defense. of its command relationship with lowed by all other of our Nation’s mili- The Defense Department would re- forscom. tary services—the Navy, the Air Force, port their findings to Congress 6 It is because of congressional pres- and the Marines. months after the date of enactment of sure. It is because of congressionally Studies chaired by retired generals this bill. This would give us a reason- mandated equipment additions. Richardson and Foss, as former com- able chance to evaluate, analyze and It is because of intensive oversight manding generals of the Army training digest the information before we begin by this body over the years. and doctrine command, made these next year’s funding cycle. The Army Reserve is the only Re- recommendations. Mr. Chairman, I ask for support on serve component which does not report The congressionally mandated inde- the en bloc amendment. I think this directly to the service Chief of Staff. pendent commission directly addressed addition of the en bloc will make this During the authorization bill’s mark- this issue in 1992 when it recommended a better bill. up in the Subcommittee on Personnel, elimination of layering and rec- Mr. SPENCE. Mr. Chairman, I yield 1 this issue was specifically and thor- ommended direct reporting to the minute to the gentleman from Okla- oughly debated. Chief of Staff. homa, Mr. J.C. WATTS, our Oklahoma By an overwhelming vote, the sub- Finally, the Hay group in 1993 specifi- quarterback. committee adopted the present bill cally recommended that the command- Mr. WATTS of Oklahoma. Mr. Chair- language. ing general of U.S. Army Reserve Com- man, I want to commend the ranking This language requires the command- mand, USARC, report directly to the member, the gentleman from Califor- ing general of the Army Reserve to re- chief. nia [Mr. DELLUMS], and also the gen- port directly to the Chief of Staff of It is high time that the consistent tleman from South Carolina, Chairman the Army. and repeated recommendations of sev- SPENCE, for as we fought these battles This arrangement mirrors the com- eral study groups be implemented by in committee they both conducted mand relationships of all the other Congress. themselves with great professionalism services. I urge my colleagues to support this and provided leadership on both sides It only makes sense that this will important authorization bill, and do of the aisle, and I appreciate their ef- lead the Army Reserve toward the bet- what is right for the readiness of this forts and their professionalism. ter readiness ratings earned by the Nation’s active duty military members The National Defense Authorization Army’s sister services. and for America’s citizen-soldiers. Act for Fiscal Year 1997 is a well- The Army has resisted this change. thought-out bill that gives much-need- Unfortunately, this resistance to the b 1500 ed support to the men and women of will of Congress is not new. All former chiefs of the Army Re- the Armed Forces. In 1991, Congress mandated the estab- serves, as mentioned in the statement Today, men and women of the United lishment of the U.S. Army Reserve yesterday by the gentleman from Mis- States military are protecting the Command over the strenuous objec- sissippi, SONNY MONTGOMERY, support cause of freedom in Bosnia, the Middle tions of the Department of the Army. this provision. This allows them to East, and other areas in the world. At one point, Congress was forced to have one boss and to have one direct What better way to demonstrate our threaten to withhold $100 million from chain of command, and that is to the support for them than to offer legisla- the Army budget before the Army lead- senior U.S. Army general on active tion that enhances military pay, hous- ership would follow the orders of Con- duty. ing, and other earned benefits. gress. It is very important that we raise the The National Defense Authorization The 1991 Defense Authorization Act, level of readiness of the Army Re- Act for Fiscal Year 1997 remembers our in section 903, directed the Army to as- serves, because they have consistently Nation’s defenders. In addition to in- sign the Army Reserve Command to had the lowest level of readiness of our creasing their basic pay, the bill speaks the U.S. Atlantic Command, a Reserves. to important quality of life issues by warfighting commander in chief. Mr. Chairman, I urge support of the increasing the basic allowance for Instead, the Army placed the Army defense authorization bill. quarters and giving thousands of mili- Reserve Command under the control of Mr. DELLUMS. Mr. Chairman, I tary members housing choices that forescom. yield 2 minutes to the gentlewoman were previously unavailable. H5096 CONGRESSIONAL RECORD — HOUSE May 15, 1996 I urge and call on my colleagues to our subcommittee and then in the full tee process and through the floor, and offer their support for this legislation committee included supportive lan- say to my colleagues, Democrat and and the en bloc amendment to the 1997 guage. I would like to talk to the Republican, that we have put together authorization act. chairman about this bill. an excellent bill. Mr. DELLUMS. Mr. Chairman, I Mr. SPENCE. Mr. Chairman, I yield I just want to take a minute, because yield 2 minutes to the gentlewoman 11⁄2 minutes, the remainder of our time, we have had such a fast run on the from California [Ms. HARMAN] for the to the gentleman from Pennsylvania House floor that I think it is important purposes of engaging in a colloquy. [Mr. WELDON], the chairman of our to kind of bring this thing back into Ms. HARMAN. Mr. Chairman, I thank Subcommittee on Military Research the context of the total bill, and talk a the gentleman from California, Rank- and Development. little bit about what we have done ing Member DELLUMS, for yielding me Mr. WELDON of Pennsylvania. Mr. overall. I see the gentleman from this time, and I would like to engage Chairman, I thank the gentleman for Pennsylvania, CURT WELDON, the chair- the chairman of the Subcommittee on yielding me the balance of his time. man of the Subcommittee on Military Military Research and Development, Mr. Chairman, I thank the commit- Research and Development, and the the gentleman from Pennsylvania [Mr. tee chairman and I thank the gentle- gentleman from South Carolina, Mr. WELDON] on two subjects, dual-use woman from California [Ms. HARMAN] SPENCE, the full committee chairman, technology and the Nautilus program, for her leadership on this vital issue who both had as one of their goals to both of which are included in this bill, and program. enhance missile defense. and to thank him for his leadership and The Nautilus program is critical, I think it is appropriate that we have bipartisanship. critical to our overall missile defense just had this discussion between the On the first subject, Mr. Chairman, program and critical to the security of gentlewoman from California [Ms. we do not have the luxury any more of Israel. I pledge to her what she has said HARMAN] who has really been an advo- unlimited research and procurement today we will fully support. cate of missile defense and the coopera- funds in the defense budget, so saving The gentleman from South Carolina, tive program with Israel, because the money by using commercial products Chairman SPENCE, and I assume the administration has now agreed to un- and technologies to solve military gentleman from California, Mr. DEL- dertake a program that, for all prac- problems becomes more important LUMS, also support this vital initiative. tical purposes, with the Nautilus mis- than ever. Dual-use technology is an But I have to again mention to all of sile defense system and the Arrow de- area of critical importance to us in the our colleagues that this administra- fense system that we have been build- Congress as we work to get the most tion, which talked about the impor- ing with Israel for some time, that will value for each tax dollar spent on de- tance of the high energy laser program, shoot down incoming missiles that are fense. the Nautilus, for the past 3 years has coming into Tel Aviv or other places. Working on a bipartisan basis, we tried to zero out the entire program. President Clinton has now agreed with have crafted an innovative dual-use In fact, I have to correct, Mr. Chair- the concept that we should defend the technology provision in this bill, which man, a statement I made yesterday. I people of Israel against enemy missile includes cost sharing and will make said the President requested $3 million attacks. program managers in each service sec- this year for the high energy laser pro- Now, that means a couple of things. tor look to the commercial market- gram. What he did was requested $3 First, he understands now that the pos- place first for solutions to their tech- million to terminate the program; to sibility of those missile attacks exist. nology needs. zero it out; to end it. Thank goodness The gentleman from Pennsylvania [Mr. I look forward to working with the this Congress has been there to make WELDON] and I wrote a letter some 5 or gentleman from Pennsylvania to en- sure the funding is in place so that we 6 years ago advising Israel and our sure this provision becomes law. can protect Israel. then head of SDI that we expected to Mr. WELDON of Pennsylvania. Mr. Finally, this President is seeing the have missile attacks on Israel at some Chairman, will the gentlewoman yield? light and joining with this Congress point in the future using Soviet made Ms. HARMAN. I yield to the gen- and enlightened people like the gentle- rockets, missiles, and that did occur. tleman. woman from California [Ms. HARMAN] So President Clinton now agrees that Mr. WELDON of Pennsylvania. Mr. in making sure that Israel’s security is missile attacks may occur in Israel and Chairman, I could not agree with the guaranteed by programs like the high it is good to defend against them and gentlewoman more. This is an innova- energy laser program and missile de- defend the people, the population, of Is- tive proposal we have worked together fense technology. I applaud her, I look rael. on. I applaud her for her leadership and forward to working with her, and Our next job is to drag this President look forward to fully funding this new thank goodness, Mr. Chairman, the kicking and screaming into the idea initiative, which I am very excited President has seen the light as well. that it would also be good to defend the about, and thank her for her leadership Ms. HARMAN. Mr. Chairman, will people of the United States against on this issue. the gentleman yield? missile attacks. That is the impetus of Ms. HARMAN. I thank the chairman. Mr. WELDON of Pennsylvania. I the language that we have put forward Second, we have plussed up the ballis- yield to the gentlewoman from Califor- in this bill. tic missile defense piece of this defense nia. We also have the 3-percent pay raise bill, and I am fully supportive of that, Ms. HARMAN. Mr. Chairman, I ap- for our troops. We have ammunition, but our program will not meet the preciate the gentleman’s remarks, and we have the heavy equipment that our threats for some years. There are im- I would note that I have been a long- troops need to deploy worldwide, and mediate threats in some theaters term supporter of these initiatives and we have enhanced sealift and airlift in around the world, one of which is Is- will continue to be. I am pleased that this bill. So we have done quality of rael. the administration at this point has life and we have done power projection, I have been a strong supporter, as the proposed its collaboration with Israel. and I hope that everybody, Democrat gentleman knows, of our collaboration Mr. DELLUMS. Mr. Chairman, I have and Republican, will vote for this bi- with Israel on various aspects of the no further requests for time, and I partisan defense bill. ballistic missile defense budget. Just a yield back the balance of my time. Mr. Chairman, I want to thank the few weeks ago the President and Prime Mr. SPENCE. Mr. Chairman, I move gentleman from South Carolina for Minister Peres signed a statement of to strike the last word, and I yield to putting this all together, and the sub- intent providing that the Nautilus, the gentleman from California [Mr. committee chairmen, who really which is a ground-based theater missile HUNTER], the chairman of our Sub- worked long and hard on this. I noticed defense system, would be developed and committee on Military Procurement. the gentleman from Virginia [Mr. deployed as soon as possible. Mr. HUNTER. Mr. Chairman, I want BATEMAN] and his counterpart in the I am disappointed that the adminis- to thank the chairman of the full com- O&M subcommittee, put in lots of tration has not included funding in this mittee for the great job he has done in money so that we will have plenty of bill for the Nautilus program, but we in moving this bill through the commit- capability in ship repair and ordnance May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5097 repair and equipment repair at our de- promise and send a bill to the Presi- DER]. It was very interesting that there pots. That is an important aspect of dent that he can support. were two of us new Members to the being able to move the Marines in We can clean up some of the areas committee, but the chair of the com- short order into a forward deployed that Members have concern with, but, mittee at that time decided that there area. overall, we have an outstanding bill, would only be one additional chair in Mr. Chairman, we have added some one that I am proud to support and one the hearing room. So the gentlewoman $300 plus million, including $96 million I hope my colleagues will join with us from Colorado and the gentleman from for M–16 bullets that the Marines told in voting ‘‘yes’’ on. California had to sit in the same chair. So we sat cheek-to-cheek, hip-to-hip, us they were short in terms of fighting b 1515 the two-war scenario. and it took great dignity on the part of This is an excellent bill, Mr. Chair- Mr. DELLUMS. Mr. Chairman, I both of us to do this. We leaned into man, and I hope everyone will vote for move to strike the last word, and I each other, recognizing what was being this bill. yield to the gentleman from Texas, Mr. said to us by the humiliating effort to Mr. SPENCE. Mr. Chairman, reclaim- PETE GEREN. not allow the gentlewoman from Colo- ing my time, I yield to the gentleman Mr. PETE GEREN of Texas. Mr. rado and the gentleman from Califor- from Pennsylvania [Mr. WELDON], the Chairman, I rise in support of this bill, nia to sit in two separate seats. But we chairman of our Subcommittee on but I rise particularly to offer my sup- turned to each other and we said let us Military Research and Development. port for the Taylor amendment. The do it with great dignity. Let us not Mr. WELDON of Pennsylvania. Mr. Taylor amendment includes a provision give these people the luxury of think- Chairman, I thank the chairman for that honors our colleague and friend, ing that they got to us. It was a dif- yielding to me, and I want to thank the the Honorable SONNY MONTGOMERY. No ficult day, but when you are sitting gentleman from California [Mr. DEL- finer gentleman has ever served in this cheek-to-cheek with someone, you LUMS], for his leadership. I encourage House or lived a life more dedicated to learn a great deal about them. our colleagues to vote for this impor- the armed services of our Nation. This Over the 20-something years that we tant piece of legislation, I think an his- honor included in the Taylor amend- have served together, we have learned toric piece of legislation that deals ment is richly deserved. a lot about each other. I personally with the quality of life issues so impor- Mr. DELLUMS. Mr. Chairman, re- will miss the services of the gentle- tant to our men and women serving claiming my time, I recognize that we woman from Colorado. She has sin- around the country; that ensures we are attempting to fill in for a few mo- gularly fought major battles in this protect their pay increases, their hous- ments while our leaders come back body to bring sanity to our military ing, their quality of life priorities. from other places. Let me take this op- budget, to help move the world toward This bill also deals, Mr. Chairman, portunity to point out, Mr. Chairman peace, to move us toward nuclear disar- with our priorities in terms of rebuild- and members of the committee, that mament and toward arms control. ing our acquisition and getting on to there are five members of our commit- She has made an effort to stand on those platforms that can replace those tee for whom this is the last time they the floor of this body to challenge this aging items that need to be replaced. will come to the floor to debate a de- Nation to a rational, coherent, and I applaud the chairman for his lead- fense authorization bill: the Messrs. compassionate set of human priorities. ership in allowing us to expand out and MONTGOMERY, BROWDER, PETERSON, I will miss the gentlewoman because to put in a new innovative approach GEREN, and Mrs. SCHROEDER of Colo- sitting there with her year in and year with the Russians in the area of missile rado. out, fighting the same battles has defense, something we have never done With respect to three of my col- given me heart, has given me courage before and which is a formal part of leagues, the gentleman from Alabama, to know that I was never standing this bill. Mr. BROWDER, is now seeking higher of- alone, even sometimes when we were I applaud the chairman for allowing fice in the other body; Mr. PETERSON is outnumbered in the Armed Services us to expand from an environmental moving on to other things; and the Committee. With respect to my distinguished col- standpoint to allow the Navy to take a gentleman from Texas, Mr. PETE league from Mississippi, Mr. MONTGOM- leadership role in more fully under- GEREN, has decided to return to Texas standing the oceans, to allow the CNO into private life and pursue the balance ERY, he and I were guys who walked in, he was here before myself. We have to coordinate efforts among the nine of his life. For these three persons, I very different politics. But it is the in- Federal agencies doing oceanographic would like to say to them that it has teresting thing about this institution work into one effort headed up by the been a pleasure to serve with them, to that people looking from the outside CNO of the Navy, supported by all the serve with them in my capacity as sub- rarely, even the media, rarely get a feel major environmental groups and the 45 committee chairman of various com- for that even where you can have dif- major oceanographic institutions na- mittees, full committee chairman last ferences of opinion, friendships develop tionwide. year, this year as the ranking Demo- and friendships emerge. The bill is a good bill. It is a bill crat. And I wish them well. I knew that I had made it in this in- every Member of this body can support, For two of my colleagues, I have been stitution when I became friends with just as in our committee, and I would around here for a long time, Mr. Chair- SONNY MONTGOMERY. I knew that my encourage my colleagues to look at the man. I am now in my 26th year. For the personal credibility was no longer vote out of committee. Forty-nine to gentleman from Mississippi [Mr. MONT- being challenged in this institution. two, Mr. Chairman was the vote. Over- GOMERY] and the gentlewoman from My little story about SONNY MONT- whelming bipartisan support from Re- Colorado [Mrs. SCHROEDER], I would GOMERY is I remember several years publicans and Democrats who have like to lay out a couple of anecdotal ago when the Republican Party was made the statement that we have bits. Mrs. SCHROEDER, as my colleagues controlling the other body, we had reached a fair compromise. well know, came to Congress 2 years worked for several weeks to get Some of us might have liked to have after this gentleman. I was elected in through the Defense authorization bill. had more money here or more money 1970, sworn in in 1971. The gentlewoman Every single item in the bill had been there, but we have covered all the from Colorado was sworn in in 1973. I reconciled with the exception of one. major requirements, from impact aid remembered my first 2 years I served The Montgomery GI bill. Every single to quality of life, to modernization, to on the Foreign Affairs Committee. My issue, billions of dollars had been rec- missile defense, and we have done it in second term, by a set of circumstances onciled, late into the night, wee hours a bipartisan manner. The best evidence that is a whole other story, I managed in the morning. that we can show in terms of our sup- to end up on the Armed Services Com- I am about to wrap it up. I am just port of this bill is now to take this mittee as the peacenik from Berkeley. filibustering so we can get other people piece of legislation that passed out of I recall that the person sitting next back. Be lenient, I will finish this our committee 49 to 2 and have an to me at the very bottom of the rung quickly, Mr. Chairman. overwhelming vote to send it to the on the committee was the gentle- Everyone was leaning on the gen- Senate so that we can reach a fair com- woman from Colorado [Mrs. SCHROE- tleman from Mississippi. SONNY, let it H5098 CONGRESSIONAL RECORD — HOUSE May 15, 1996 go, let it go, we will hold some hear- To the Government of Thailand, one Knox human rights record, and the opposition of ings next year. And I remember they class frigate: Ouellet (FF 1077); sale: $2.7 mil- myself and many of my colleagues, a modified were beating hard on the gentleman lion. IMET program was approved for Indonesia in from Mississippi and, I thought, in a According to the Department of Defense, the Foreign Operations Appropriations Act for relatively unfair way. So this junior the Chief of Naval Operations certified that fiscal year 1996. Member from California, with left-wing these naval vessels are not essential to the When this provision was added to the for- politics, stepped up and stood next to defense of the United States. The United eign aid bill last year, we said we would mon- the gentleman from Mississippi [Mr. States will incur no costs for the transfer of the itor the human rights situation in Indonesia MONTGOMERY] and said: Stay strong, naval vessels under this legislation. The for- very carefully and act accordingly this year. SONNY, you can win this thing. And to eign recipients will be responsible for all costs Well, the State Department's Country Report the shock and amazement of the col- associated with the transfer of the vessels, in- on Indonesia was released in March, and ac- leagues in the conference, the gen- cluding maintenance, repairs, training, and cording to the report, ``The Government con- tleman from Mississippi, conservative fleet turnover costs. Any expenses incurred in tinued to commit serious human rights Democrat, the gentleman from Califor- connection with the transfers will be charged abuses.'' nia, progressive Democrat, arm in arm to the foreign recipients. That doesn't sound to me as though the sit- walked out of the conference and, Through the sale of these naval vessels, uation has improved. walking out of that conference, allowed this legislation generates $71.7 million in reve- The State Department report also said that thousands of young people to go to col- nue for the U.S. Treasury. In addition, through in Indonesia ``reports of extrajudicial killings, lege who would never have had the op- repair and reactivation work, service contracts, disappearances, and torture of those in cus- portunity. ammunition sales, and savings generated from tody by security forces increased.'' Not de- In Mr. MONTGOMERY walking out of avoidance of storage/deactivation costs, the creased. Not stayed the same. Increased. that conference, he set a tone that Navy estimates this legislation generates an Should we really be authorizing IMET assist- said, if you are going to reconcile this additional $525 million in revenue for the U.S. ance for this government now when they have bill, you are going to bring the Mont- Treasury and private U.S. firms. not addressed these critical human rights is- gomery GI bill to fruition. He walked The second purpose this amendment is to sues? I don't think so. back in and they conceded. And that is amend authorities under the Foreign Assist- Indonesia's policy in East Timor is about the why you now have the Montgomery GI ance Act [FAA] of 1961, as amended, and the oppression of people who oppose Indonesia's bill that serves well thousands of Arms Export Control Act [AECA] to revise and right to torture, kill, and repress the people of young American people who can ma- consolidate defense and security assistance East Timor. It is about the 200,000 Timorese triculate in this country. authorities, in particular by updating policy and who have been slaughtered since the Indo- So with those remarks, Mr. Chair- statutory authorities. nesian occupation in 1975Ð200,000 killed out man, I would like to say farewell to This amendment is identical to H.R. 3121, of a population of 700,000. It is about geno- five very important, very significant which the House passed on April 16, 1996, by cide. Members who played a vital role in this voice vote, continues the effort by the Commit- Mr. Chairman, this provision should be de- Congress. I have enjoyed serving with tee on International Relations to amend the bated fully by this House, not slipped into an them. FAA and AECA to make improvements to de- en bloc amendment. Mr. GILMAN. Mr. Chairman, the purpose of fense and security assistance provisions under Mr, EVANS. Mr. Chairman, I oppose pas- this amendment is to authorize the transfer of those Acts. The provisions included in this sage of the fiscal year 1997 DOD Authoriza- naval vessels to certain foreign countries pur- amendment are the product of bipartisan effort tion Act because I believe it funds expensive suant to the administration's request of Janu- and cooperation and enjoy the strong support and unneeded cold-war programs that will ary 29, 1996. of the Departments of State and Defense. compete with fundamental defense spending Legislation authorizing the proposed transfer This amendment would insert a new title XV priorities. of these ships is required by section in the bill and is organized by subtitle as fol- I am concerned that this bill, as did the fis- 7307(b)(1) of title 10, United States Code, lows: cal year 1996 Authorization Act, puts us on a which provides in relevant part that ``a naval Subtitle A modifies applicable provisions on course to buy cold-war weapons systems such vessel in excess of 3,000 tons or less than 20 terms and criteria of financing assistance, in- as the F±22, the new attack submarine and years of age may not be sold, leased, granted cluding drawdown authorities and a rewrite of national missile defenseÐstar wars. Funding * * * or otherwise disposed of to another na- the excess defense article authority. these types of programs puts immediate tion unless the disposition of that vessel is ap- Subtitle B modifies terms of assistance for spending priorities at risk. The number of big proved by law * * *'' Each naval vessel pro- the International Military Education and Train- ticket and unnecessary procurement items au- posed for transfer under this legislation dis- ing [IMET] Program. thorized will make it difficult to fund basic de- places in excess or 3,000 tons and/or is less Subtitle C clarifies current law authorities fense needs in the outyears. The bow wave of than 20 years of age and therefore the Con- under which antiterrorism assistance is pro- increasing procurement costs that the bill es- gress must act. vided. tablishes will make it much harder to ensure Therefore the first part of this amendment Subtitle D modifies authorities under which basic defense capabilities and needs. would insert a new section in title X of the bill assistance for international narcotics is pro- While I agree with some of the priorities to authorize the transfer of 10 naval vesselsÐ vided. funded in this bill that help us meet new and (8 sales, 1 lease, 1 grantÐto the following Subtitle E deals with general provisions re- changing threats, such as avionics upgrades countries: garding military assistance including approval and the V±22 program, I believe that the extra To the Government of Egypt, one Oliver of third-country transfers, standardization of $7.5 billion authorized in this bill for procure- Hazard Perry class frigate Gallery (FFG 26); congressional review procedures for arms ment will threaten more important defense pri- sale: $47.2 million. sales, definitions, arms sales certification orities. This increase will have direct con- To the Government of Mexico, two Knox thresholds, designation of major non-NATO al- sequences on specific readiness needs, such class frigates: Stein (FF 1065) and Marvin lies, end-use monitoring, and other miscellane- as: adequate funding to operate and maintain Shields (FF 1066); sale: $5.9 million. ous issues. our forces, stable pay and benefits for our mili- To the Government of New Zealand, one I appreciate the opportunity to explain my tary service members, the ability to retain a Stalwart class ocean surveillance ship: Tena- amendment and would urge my colleagues to steady and capable civilian work force, and cious (T±AGOS 17); sale: $7.7 million. support it. the modernization of less glamorous hardware To the Government of Portugal, one Stal- Mrs. LOWEY. Mr. Chairman, I rise today in programs such as artillery systems. wart class ocean surveillance ship: Audacious strong opposition to the provision in this Mr. CASTLE. Mr. Chairman, I must reluc- (T±AGOS 11); grant: $13.7 million. amendment that authorizes international mili- tantly vote against the fiscal year 1997 Depart- To Taiwan (the Taipai Economic and Cul- tary education and training assistance for In- ment of Defense Authorization Act because I tural Representative Office in the United donesia. am troubled by a number of aspects of the bill. States), three Knox class frigates: Aylwin (FF In 1992, we voted to end all IMET assist- First and foremost, the overall spending level 1081) Pharris (FF 1094), and Valdez (FF ance for Indonesia because of that country's is too high. While I appreciate that the bill 1096) Sale: $8.2 million; one Newport class abysmal human rights record and their contin- seeks to address a number of shortcomings in tank landing ship: Newport (LST 1179) lease: ued oppression of the people of East Timor. the President's defense budget, too much ad- No rent lease. Despite the lack of improvement in Indonesia's ditional spending has been added to the bill. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5099 Our Nation's legitimate defense needs must The most significant provision in H.R. 3230 same position again, and the Department of be met, but if we are to succeed in the critical for Guam is the repeal of restrictions imposed Army will request funds for armory construc- and ongoing effort to balance the budget, the on land transferred by the Federal Govern- tion in its annual budget request to Congress. defense budget cannot be exempt from ment to the Government of Guam over 15 Without informing Congress that armory con- spending reductions. years ago. The land covers 927 acres, located struction is a priority to the Army, the Guam This year's authorization level is $2 billion in the port area and adjacent to facilities Army National Guard and other guard units over last year's level, probably significantly closed by the Defense Base Closure and Re- will be left without the needed facilities. I urge higher than required to meet the essential mili- alignment Commission [BRAC] last year. the Secretary of the Army to recognize the tary aspects of our national security. Further- The repeal of restrictions will enable the service of the National Guard and to request more, I disagree with the decision to prevent Government of Guam to develop a com- funds to construct new armories in next year's amendments to the bill that might allow for a prehensive redevelopment plan and to attract budget request. rational debate on program funding levels and private investors to the port area. Reuse of the In spite of this reservation, I want to reit- some reasonable reductions. port land will stimulate long-term economic erate my appreciation for the attention of Most of the additional funds authorized in growth and private sector employment. Private Chairman SPENCE and Ranking Member DEL- this year's plan were for procurementÐabout sector job growth is especially important in LUMS to issues of importance to Guam. $8 billion. This is too generous an increase light of the loss of jobs by workers at BRAC- Mrs. COLLINS of Illinois. Mr. Chairman, I over the budget request. While I believe pro- closed facilities near the port last year. rise to oppose this defense authorization bill. curement and modernization funding does I am pleased that H.R. 3230 includes report A nation's greatness ought to be measured need to increase in certain longlead compo- language on the upgrade of the Piti Power only in terms of the greatness of its people; nents of major programs, this year's increase Plant on Guam. The report language notes the not by the greatness of its ability to dominate seems to avoid making the necessary choices continued commitment of the Navy under the and intimidate with military might. Excessive to establish our most important priorities. This Guam power agreement to transfer the Piti funding in the defense authorization budget at unsolicited increase is not the most rationale Power Plant to the Government of Guam in the expense of critical social needs gives rise way to procure additional weapons, does not good working order, and urges the Navy to ac- to a perilous sense of artificial security and go far enough to reflect those items most celerate funding for the upgrade of two gen- leads to a dereliction of duty to all our citizens' needed by the services, and may have an ad- erators already programmed for fiscal year needs. verse impact on our ability to meet real re- 1999. Therefore, I oppose this bill because it re- quirements in the future. The upgrade of two generators at the Piti duces and/or eliminates funding for many criti- I am particularly concerned by the commit- Power Plant will fulfill a long-standing Navy cal Federal programs of importance to my tee's plan to pursue what may be a premature commitment and greatly improve on the ability constituents. We do not need a defense budg- deployment of a national ballistic missile de- of the Guam Power Authority to provide ade- et that authorizes $12.4 billion over what the fense system. I am not convinced that a true quate power to the island. The acceleration of administration has already requested. Why ballistic missile threat to our Nation from rogue the programmed funds to next year is critical, must we tailor our military force for threats that nations will materialize as quickly as some and I want to thank Chairman HEFLEY for his simply no longer exist. Wake up people. The have asserted. Our Nation's current missile attention to this matter. cold war is over. defense plan can provide for an affordable de- H.R. 3230 also includes report language on More than half of the increase over the fense against limited missile threats before the extension of theater missile defenses President's request is for additional weapons those threats will emerge. I am concerned [TMD] to U.S. territories. The report states that procurement. How can we justify a $6 billion over the committee's plan to deploy a space- ``the committee strongly supports fielding high- increase when funds are being reduced for based ``star wars'' defense, and costs that ly effective TMD systems that are capable of safe and drug-free schools, for programs for would add nearly a billion dollars over the protecting U.S. territories from ballistic missile kids with disabilities; for nearly 50,000 Amer- President's request to accelerate the develop- attack and directs the SecDef to review the ican children from the Head Start Program are ment of both national and theater missile de- TMD requirements for U.S. terrorists.'' It re- eliminated, and so forth. We can't. The jus- fense systems. This course of action commits quires the Secretary of Defense [SecDef] to tification is not there. We can't because this us to a very expensive and probably submit a report on the results of this review to bill, is simply not people-friendly. unaffordable path. This attempt to accelerate the congressional defense committees not Further, this bill is flawed by self-serving ad- missile defense deployment without a consen- later than November 15, 1996. venture-fantasies catering to but a few. It ig- sus on the actual threat is not sound policy. As the majority pursues the development of The bill does meet important needs for op- a national ballistic missile defense system, I nores with extreme insensitivity the sordid im- erations and maintenance programs, as well believe it should be an equal priority of the pact it has upon social concerns. as improvements in our military housing and SecDef to develop a theater missile defense One of these social concerns affecting my other facilities. It is difficult for me to oppose system which will protect U.S. territories from constituents, is this bill's requirement of the this bill because it funds some important mili- missile threats. immediate discharge of service personnel in- tary construction programs in my own State of On Guam, the debate over missile attack is fected with HIV, the virus that causes AIDS. Delaware. But these worthwhile provisions are not academic. A few years ago, North Korea While I respect the fact that others have a overshadowed by other problems in the bill. threatened Guam, which is closer to North strong opinion on the topic of homosexuals in The authorization bill attempts to legislate Korea than Hawaii and Alaska, with a missile the military, I do not share views that rescind- divisive social policies which will not improve attack. This is a very real threat, and Guam ing the ban on homosexuals in the Armed our military readiness. These policies include deserves to receive equal consideration in the Services would cause dangerous problems. a ban on privately funded abortions for U.S. development of national missile defense sys- I am also concerned that this bill has an military personnel in overseas hospitals, and tems. The report language included in H.R. overseas ban on abortions. Ideally, men and mandatory separation of HIV-positive person- 3230 will focus the Pentagon on the missile women would have all the information they nel without evaluation of whether they can defense needs of the territories, especially the need about birth control and sociably accepted perform their duties. Pacific territories, which are outside the cov- methods to ensure it would be readily acces- In conclusion, I think the fiscal year 1997 erage of the national missile defense systems. sible. Unfortunately, this is not the reality for Defense authorization bill provides worthwhile I am disappointed that no funds are author- many Americans. Therefore, I continue to support for our military personnel. Neverthe- ized in the bill for construction of an armory for strongly believe that a woman, whether in or less, the overall funding level in the bill goes the Guam Army National Guard. As my col- outside the military, in consultation with her beyond what is necessary at this time, and the leagues know, the Guam Army National Guard doctor, family, and/or clergy has the right to provisions regarding social policies are unnec- is the only national guard unit without an ar- choose. essarily divisive. For these reasons, I reluc- mory. At the same time the Guam Army Na- Ms. WOOLSEY. Mr. Chairman, I rise in tantly oppose the bill. tional Guard is being nationally recognized for strong support of this Shays-Frank-Gephardt Mr. UNDERWOOD. Mr. Chairman, I rise its excellence in recruiting and retention. A amendment. today to commend Chairman SPENCE and readiness center to be used for training is es- Ladies and gentlemen, I think the defense ranking member DELLUMS for their work on sential to the continued excellence dem- hawks need some history lessons. Lesson No. this legislation and to thank them and Sub- onstrated by the Guam Army National Guard. 1: the Second World War ended 50 years ago. committee Chairmen DORNAN, HEFLEY, and It is my hope that next year, the National Lesson No. 2: the cold war ended 5 years WELDON for their attention to Guam's priorities. Security Committee will not be forced into the ago. H5100 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Now, a pop quiz: who won! In case some of Instead of reasonable defense spending ices members infected with HIV, the virus that you cold warriors forgotÐwe did. We defeated though, this authorization bill adds billions of causes AIDS. The Department of Defense op- fascism and we defeated communism. dollars to the Pentagon's wish list. A host of poses this provision and does not believe that But this defense bill completely ignores this new planes and helicopters, as well as sub- these service members present a deployment reality. marines and ships are added, above what is problem. Clearly, members with HIV should be Right now, many of our European and Asian justified or necessary for our military role. The treated as any other service member with allies enjoy higher standards of living than our additions and modifications to missile de- chronic, possibly fatal, medical conditions and constituents, the American people. Somehow, fenses waste millions of taxpayer dollars, remain on active duty until such time as they these nations can support education, health again shifting the focus toward the discredited cannot perform their duties. care, child care, and so forth. Because we star wars missile defense. In addition, this leg- This provision is discriminatory because it keep paying their military bills. islation unilaterally alters the Anti-Ballistic Mis- treats people with HIV differently from any I don't know about you, but I am sick of sile treaty [ABM] by imposing a definition of other people with other chronic diseases are Uncle Sam acting like Uncle Sucker. theater and strategic defenses. These treated. Thankfully, a bipartisan coalition was The time has come for our allies to share changes to the ABM treaty circumvent the successful in removing this provision from last the burden of their own defense. The time has Clinton administration and past administration year's bill and hopefully, this same coalition come for shared responsibility. The time has negotiations and commitments with Russia will prevail before this legislation is completed. come for us to reap the benefits of our hard over this important issue. In addition, this bill would undo the current work, and invest in our children, our seniors, The majority also states that the additional compromise and put in statute a complete ban and our environment. billions of dollars are for items the service on lesbians and gay men from serving in the I urge a ``yes'' vote on this amendment. chiefs have requested. The service chiefs military. Clearly, lesbians and gay men have Mr. VENTO. Mr. Chairman, I oppose this were literally asked what they might do with served their country with distinction as mem- legislation. It represents not only a continu- additional funding if they had it. In response bers of the armed service from the very begin- ation of the misplaced priorities but a they provided a list of new and continued pro- ning of our country. This provision is unneces- compounding of missteps in last year's de- grams. Certainly anyone could provide a list of sary and is part of a disturbing pattern of pro- fense bill, of a much more extreme level. Last items they would purchase if extra funds were moting hostility toward lesbian and gay Ameri- year, the Republican majority added $7 billion available. But to say that the service chiefs re- cans. Mr. Chairman, for budget reasons in gen- to the Pentagon's request. This year they quested these additions to this year's bill is eral, and this provision in particular, I urge a added almost double this amount, over $12 outrageous, this was a wish list, as if the dol- ``no'' vote on this legislation. billion in unnecessary spending. Even within lars and taxes didn't matter. The CHAIRMAN. The question is on In terms of requested weapons systems, the the Republican party there are those who be- the amendments en bloc, as modified, Department of Defense's own inspectors have lieve this is going too far, both in terms of offered by the gentleman from South determined that recently the Navy overstated spending and policy. Carolina [Mr. SPENCE]. While the bill itself is bad policy, the process its needs by at least $10 billion. This includes The amendments en bloc, as modi- by which it is being considered is worse. In redundancy of systems and overestimation of fied, were agreed to. the past, open debate and opportunities to the numbers of weapons needed. Another De- The CHAIRMAN. The question is on modify defense legislation have guided this fense Department report in May 1995 also in- the committee amendment in the na- process. Now we are restricted by the Repub- dicated the Navy was seeking $14 billion in ture of a substitute, as amended. lican rule in the amendments we can consider submarine technology that it did not need. The committee amendment in the and issues that can be voted upon. Important More recently, the GAO released a study nature of a substitute, as amended, was amendments were offered but were not per- questioning the need for billions of dollars agreed to. mitted in this debate, including a Republican spent on ground attack weapons. The report The CHAIRMAN. Under the rule, the amendment to reorganize the spending prior- found existing systems can accomplish the Committee rises. ities of this out of balance defense budget. tasks of many of the sought after new weap- Accordingly the Committee rose, and The bill itself adds over $12 billion to the re- ons on which billions will be spent. the Speaker pro tempore (Mr. YOUNG of quest of the Pentagon. Most of this new The problems of budgetary and defense pol- Florida) having assumed the chair, Mr. spending in the $267 billion bill goes to icy in this bill are equalled by the social policy BARRETT of Nebraska, Chairman of the unrequested weapons systems, which one it contains. Instead of being concerned with Committee of the Whole House on the analysis points out will require an additional the future direction of military policy and the State of the Union, reported that that $50 billion in outlays in the next 6 or 7 years. role of the United States in the post-cold-war Committee, having had under consider- How can the Republican majority maintain world, this bill focuses on social issues such ation the bill (H.R. 3230) to authorize their balanced budget rhetoric with increased as the discharge of HIV-positive personnel. appropriations for fiscal year 1997 for The Congress has already taken action on spending such as this? Unfortunately, the Re- military activities of the Department the issue of discharging HIV-positive person- publican agenda to accomplish this is through of Defense, to prescribe military per- nel. This policy, which is not sought by the deep cuts to programs assisting American sonnel strengths for fiscal year 1997, military and was formulated and carried out working families, seniors, students, and chil- and for other purposes, pursuant to under Republican administrations, removes dren. The spending on the procurement ac- House Resolution 430, he reported the perfectly capable personnel from the military. counts of this bill alone, at about $83 billion, bill back to the House with an amend- The training and investment in these soldiers is more than any nation in the world will spend ment adopted by the Committee of the would be lost to an ill-conceived policy. Whole. on their entire global defense program. Certainly a much better bill can be crafted, The SPEAKER pro tempore. Under The budget offered by the majority which we one that does not include huge increases in the rule, the previous question is or- will be considering this week highlights the pri- spending beyond what the Pentagon has re- dered. ority problems of this Congress and this DOD quested and one with an opportunity to debate Is a separate vote demanded on any authorization bill. Defense spending under the the important defense issues. I urge my col- amendment to the committee amend- Republican's proposed overall budget plan will leagues to vote against this bill. ment in the nature of a substitute increase over the next 6 years, while severe Ms. PELOSI. Mr. Chairman, I rise in opposi- adopted by the Committee of the funding cuts are proposed to be made to com- tion to the Department of Defense [DOD] a Whole? If not, the question is on the munity development, infrastructure, the envi- authorization bill for 1997. amendment. ronment, and yes even education, I guess I oppose the bill because the legislation au- The amendment was agreed to. smart weapons but not smart soldiers is this thorizes $12.4 billion more in defense spend- The SPEAKER pro tempore. The formula, the United States will enter the next ing than requested by the Pentagon. Later, question is on the engrossment and century with more weapons systems, but with this week we will vote on a budget resolution third reading of the bill. seniors at-risk due to Medicare cuts, and a which proposes to spend $19 billion less than The bill was ordered to be engrossed work force not keeping pace with technological the President's request for priority domestic and read a third time, and was read the and skills changes. If responsible cuts are to programs. The priorities being proposed are third time. be made in the Federal budget, there should not consistent with the realities of challenges MOTION TO RECOMMIT OFFERED BY MR. be no special dispensation for defense spend- facing the United States. DELLUMS ing, above all spending Congress must ask One of the worst provisions in this bill would Mr. DELLUMS. Mr. Speaker, I offer a the tough questions of DOD spending in 1996. lead to the immediate discharge of 1,049 serv- motion to recommit. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5101 The SPEAKER pro tempore. Is the antee his family will not wait in line Mr. SPENCE. Mr. Speaker, I rise in gentleman opposed to the bill? for hospital care, if we cannot guaran- opposition to the motion to recommit. Mr. DELLUMS. I am in its present tee 1996 housing, one thing we should (Mr. SPENCE asked and was given form, sir. all agree is that we ought to ensure permission to revise and extend his re- The SPEAKER pro tempore. The that that soldier and others like him marks.) Clerk will report the motion to recom- can know when he serves his country Mr. SPENCE. Mr. Speaker, this is a mit. that his child will get a first-class edu- good bill. As has been said on many oc- The Clerk read as follows: cation. This $53 million for impact aid casions today, we have amply provided, Mr. DELLUMS moves to recommit the bill will help do that. I think, for the national security needs H.R. 3230 to the Committee on National Se- Mr. Speaker, I appreciate the efforts of this country. We reported the bill curity with instructions to report the same of the gentleman from South Carolina, out of the committee by a vote of 49 to back to the House forthwith with the follow- Chairman SPENCE, and the gentleman 2, a very bipartisan, as you can see, ing amendment: from Virginia, Mr. BATEMAN, to put $50 At the end of title X (page 359, after line vote. million in impact aid in this bill, and I 20), insert the following new section: b support that effort. But this motion to 1530 SEC. 1041. REALLOCATION OF NATIONAL MISSILE DEFENSE FUNDING INCREASE. recommit takes their good idea and This authorization amounts to $600 (a) INCREASE IN AMOUNT FOR IMPACT AID.— takes it a step farther in making an million less than that budget figure al- The amount provided in section 301(5) for op- unquestioned commitment to ensuring location in our budget for 1997. This eration and maintenance for defense-wide ac- that the children of our military fami- translates into 1.5 percent less, ad- tivities, and the amount specified in section lies receive a quality education. Our justed for inflation, than current 367(a)(1) as the portion of such amount that families deserve no less. spending. is available for impact aid assistance, are Mr. DELLUMS. Mr. Speaker, with From the standpoint of what we did each hereby increased by $53,000,000. the remaining amount of time, let me for the military, we had a 3-percent (b) AUTHORIZATION FOR CORPS SAM SYS- TEM.—Of the amount provided in section add some additional remarks with re- raise for our troops, a 50 percent in- 201(4) for research, development, test, and spect to the motion to recommit. crease over the President’s budget for evaluation for defense-wide activities that is It would provide two opportunities to housing allowance; things that are available for programs managed by the Bal- achieve what this gentleman believes needed very much: family housing, bar- listic Missile Defense Organization, not less to be a better balance of national secu- racks, child care facilities for our peo- than $56,000,000 shall be made available for rity priorities. The motion would in- ple. the Corps Surface-to-Air Missile (SAM) sys- crease funding for two very important We enhanced our military readiness tem. programs, would pay for these in- by increasing the underfunded request. (c) OFFSETTING REDUCTIONS FROM AMOUNTS creases by reducing funding for star FOR NATIONAL MISSILE DEFENSE.—The We added ammunition to the Marine amount provided in section 201(4) for re- wars-type national missile defense pro- Corps. They did not have enough to search, development, test, and evaluation for grams contained in this bill. fight two major contingencies. We con- defense-wide activities, and the amount Specifically, the bill removes $109 tinued to add to the underfunded mod- specified in section 231 as the portion of such million from star wars funding in- ernization programs. The Chairmen of amount that is available for programs man- creases. It would increase funding, as the Joint Chiefs have asked for $60 bil- aged by the Ballistic Missile Defense Organi- the gentleman from Texas pointed out, lion in modernization beginning now. zation, are each hereby reduced by impact aid assistance by $53 million. It This administration only asked for $53,000,000. Of the amount specified in section would also plus-up the Corps SAM mis- 231, not more than $749,437,000 may be made about 39. We have added to it. sile program by $56 million, taking it In short, we have done those things available for the National Missile Defense from the national missile defense pro- program element. that the administration did not do. gram. From the standpoint of impact aid Mr. DELLUMS (during the reading). The gentleman from Texas referred to in this motion to recommit, Mr. Speaker, I ask unanimous consent articulately discussed the matter of none was requested by the administra- that the motion to recommit be consid- impact aid. I will not attempt to com- tion. This committee added $58 billion ered as read and printed in the RECORD. pete with those remarks. The SPEAKER pro tempore. Is there On the second matter, let me note to impact aid. There were no amend- objection to the request of the gen- that much has been made, and appro- ments in the committee to do other- tleman from California? priately so, of the urgency of being wise. There was no objection. able to deploy a theater missile de- On theater missile defense, we added Mr. DELLUMS. Mr. Speaker, I yield fense. Corps SAM is a system that we to the request that was submitted by to the distinguished gentleman from need to deploy with our troops. It will the administration. I might add par- Texas [Mr. EDWARDS]. travel with our forces and provide pro- enthetically on the matter of theater Mr. EDWARDS. Mr. Speaker, I rise in tection to them from tactical threats missile defense, it is a very important support of this motion to recommit be- in the theater, the No. 1 priority threat priority of this committee. As a matter cause I believe it is designed to help that we have at this particular mo- of fact, last year we added to theater the people we should care about most, ment. missile defense over the request of the and that is the families serving in our Again, we should direct our scarce re- administration, and the administration military and their children. Specifi- sources away from fanciful and ex- proceeded to spread out that which was cally, this motion to recommit puts $53 traordinary ideas, like star wars-type authorized and somebody had appro- million more into the Impact Aid Pro- programs, and into programs of dem- priated. This year again we have added gram, which should be called the mili- onstrated requirements. A $56-million a third of what the administration re- tary children education program. increase in Corps SAM is precisely an quest was for theatre missile defense, Mr. Speaker, last December at Fort appropriate type of reordering missile and so we do not really need to have Hood in my district, I met with 50 sol- defense priority. anything more added to it even for im- diers being deployed to Bosnia. The So in summary, it does two things: pact aid or missile defense. second soldier I met had missed the $56 million for theater missile defense, Mr. Speaker, I yield to the gentleman birth of his first child because he was which ought to be the appropriate pri- from California [Mr. HUNTER], the in Desert Storm. He was about to miss ority in missile defense, not national. chairman of our Subcommittee on Pro- the birth of his second child because of We take the money from the increases curement. his service to his country in Bosnia. It in national missile defense. Mr. Speak- Mr. HUNTER. Mr. Speaker, let me was a very personal experience to me er, $53 million of those dollars go into just reiterate the theme that the chair- in realizing the tremendous sacrifices impact aid. As the gentleman pointed man just elaborated on is, I think, a our military families make for our out, this is educational assistance for very important one for all of the Mem- country. the children of our service personnel bers to understand, and that is that If we cannot guarantee that soldier who ought to have the same fine edu- this should not be, this bill should not he should be paid as much as we would cation that any of our other children be, a competition between whether or like him to be paid, if we cannot guar- outside the military have access to. not we are going to give a pay raise to H5102 CONGRESSIONAL RECORD — HOUSE May 15, 1996 the troops or we are going to have the The question was taken; and the NAYS—240 right equipment for them to use in a Speaker pro tempore announced that Allard Frelinghuysen Mica military conflict. It should not be a the noes appeared to have it. Andrews Frisa Miller (FL) conflict. It should not be either-or. Archer Funderburk Mollohan Mr. DELLUMS. Mr. Speaker, I object Armey Gallegly Moorhead What we have done in this bill is to the vote on the ground that a Bachus Ganske Morella come up with an additional funding Baker (CA) Gekas Murtha that allows us to have a 3 percent pay quorum is not present and make the Baker (LA) Geren Myers raise, it allows us to give the $300 mil- point of order that a quorum is not Ballenger Gilchrest Myrick present. Barcia Gillmor Nethercutt lion that the Marines need in ammuni- Barr Gilman Neumann tion to be able to fight the two war sce- The SPEAKER pro tempore. Evi- Barrett (NE) Goodlatte Ney nario, it enables us to get the 96 mil- dently a quorum is not present. Bartlett Goodling Norwood lion M–16 bullets that they were short Barton Goss Nussle The Sergeant at Arms will notify ab- Bass Graham Oxley under the administration’s budget, it sent Members. Bateman Greene (UT) Packard enables us to have the theater defense Bereuter Greenwood Parker and to start on the national defense The SPEAKER pro tempore. Pursu- Bevill Gunderson Petri Bilbray Gutknecht Pombo just like the one that we are giving the ant to the provisions of clause 5 of rule Bilirakis Hall (TX) Porter State of Israel. XV, the Chair announces that he will Bliley Hancock Portman It enables us to do all those things reduce to a minimum of 5 minutes the Blute Hansen Pryce that are important in terms of being Boehlert Hastert Quillen period of time within which a vote by Boehner Hastings (WA) Quinn able to project American military electronic device, if ordered, will be Bonilla Hayes Radanovich power and carry out foreign policy. taken on the question of passage of the Bono Hayworth Ramstad This is a complete package, and the bill. Brownback Hefley Regula gentleman has done a superlative job Bryant (TN) Heineman Riggs The vote was taken by electronic de- Bunn Herger Roberts in bringing this thing together on the Bunning Hilleary Rogers committee level and bringing it to the vice, and there were—yeas 185, nays Burr Hobson Rohrabacher floor. 240, not voting 8, as follows: Burton Hoekstra Ros-Lehtinen Let us pass this bill. Vote ‘‘no’’ on Buyer Hoke Roth [Roll No. 173] Callahan Horn Roukema the motion to recommit. Calvert Hostettler Royce Mr. SPENCE. Mr. Speaker, I yield to YEAS—185 Camp Houghton Salmon the gentleman from Pennsylvania [Mr. Abercrombie Gibbons Orton Campbell Hunter Sanford WELDON], the chairman of our Sub- Ackerman Gonzalez Owens Canady Hutchinson Saxton Baesler Gordon Pallone Castle Hyde Scarborough committee on Research and Develop- Baldacci Green (TX) Pastor Chabot Inglis Schaefer ment. Barrett (WI) Gutierrez Payne (NJ) Chambliss Istook Schiff (Mr. WELDON of Pennsylvania asked Becerra Hall (OH) Payne (VA) Chenoweth Johnson (CT) Seastrand and was given permission to revise and Beilenson Hamilton Pelosi Chrysler Johnson, Sam Sensenbrenner Bentsen Harman Peterson (FL) Clinger Jones Shadegg extend his remarks.) Berman Hastings (FL) Peterson (MN) Coble Kasich Shaw Mr. WELDON of Pennsylvania. Mr. Bishop Hefner Pickett Coburn Kelly Shays Speaker, this is an amazing motion. We Bonior Hilliard Pomeroy Collins (GA) Kim Shuster heard one of our colleagues from Texas Borski Hinchey Poshard Combest King Skeen Boucher Hoyer Rahall Cooley Kingston Smith (MI) get up and say we need money for im- Brewster Jackson (IL) Rangel Cox Klug Smith (TX) pact aid. I have his letter from April 10 Browder Jackson-Lee Reed Cramer Knollenberg Smith (WA) asking us to put $58 million in the bill. Brown (CA) (TX) Richardson Crane Kolbe Solomon That is what is in the bill. Brown (FL) Jacobs Rivers Crapo LaHood Souder Brown (OH) Jefferson Roemer Cremeans Largent Spence What are we talking about? Bryant (TX) Johnson (SD) Rose Cubin Latham Stearns Mr. Speaker, I have heard from the Cardin Johnson, E. B. Roybal-Allard Cunningham LaTourette Stockman colleagues on the other side saying we Chapman Johnston Rush Davis Laughlin Stump are spending too much money on mis- Christensen Kanjorski Sabo Deal Lazio Tate Clay Kaptur Sanders DeLay Leach Tauzin sile defense, we have too many pro- Clayton Kennedy (MA) Sawyer Diaz-Balart Lewis (CA) Taylor (NC) grams, and we need more burden shar- Clement Kennedy (RI) Schroeder Dickey Lewis (KY) Thomas ing. What do they want to do with the Clyburn Kennelly Schumer Doolittle Lightfoot Thornberry Coleman Kildee Scott Dornan Lincoln Tiahrt motion to recommit? They want to re- Collins (IL) Kleczka Serrano Dreier Linder Torkildsen establish another missile defense pro- Collins (MI) Klink Sisisky Duncan Lipinski Upton gram that we have eliminated, and Condit LaFalce Skaggs Dunn Livingston Vucanovich they want to do it for Europe, not for Conyers Lantos Skelton Ehlers LoBiondo Walker Costello Levin Slaughter Ehrlich Longley Walsh the United States, even though France Coyne Lewis (GA) Spratt Emerson Lucas Wamp has opted out of the program. Cummings Lofgren Stark English Manzullo Weldon (FL) Mr. Speaker, this is amazing, it is ab- Danner Lowey Stenholm Ensign Martinez Weldon (PA) solutely amazing. We have heard that de la Garza Luther Stokes Everett Martini Weller DeFazio Maloney Studds Ewing McCollum White we want to cut programs, we have done DeLauro Manton Stupak Fawell McCrery Whitfield that. We heard we want to not fund our Dellums Markey Tanner Flanagan McDade Wicker European allies, and we have done Deutsch Mascara Taylor (MS) Foley McHugh Wilson Dicks Matsui Tejeda Forbes McInnis Wolf that. So here we are being asked to Dingell McCarthy Thompson Fowler McIntosh Young (AK) support a motion to recommit to rees- Dixon McDermott Thornton Fox McKeon Young (FL) tablish another missile defense pro- Doggett McHale Thurman Franks (CT) Metcalf Zeliff gram to protect not the United States, Dooley McKinney Torres Franks (NJ) Meyers Zimmer Doyle McNulty Torricelli but the Europeans, even though one of Durbin Meehan Towns NOT VOTING—8 the four partners, France, decided to Edwards Meek Traficant Fields (TX) Molinari Talent opt out. Engel Menendez Velazquez Flake Paxon Ward It is amazing, and I urge our col- Eshoo Millender- Vento Holden Smith (NJ) Evans McDonald Visclosky leagues do the right thing. Vote ‘‘no’’ Farr Miller (CA) Volkmer on the motion to recommit and support Fattah Minge Waters b 1555 Fazio Mink Watt (NC) the bill. The Clerk announced the following The SPEAKER pro tempore (Mr. Fields (LA) Moakley Watts (OK) Filner Montgomery Waxman pair: YOUNG of Florida). Without objection, Foglietta Moran Williams On the vote: the previous question is ordered on the Ford Nadler Wise motion to recommit. Frank (MA) Neal Woolsey Mr. Ward for, with Mr. Paxon against. Frost Oberstar Wynn Messrs. FAWELL, INGLIS of South There was no objection. Furse Obey Yates The SPEAKER pro tempore. The Gejdenson Olver Carolina, and TAUZIN changed their question is on the motion to recommit. Gephardt Ortiz vote from ‘‘yea’’ to ‘‘nay.’’ May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5103 So the motion to recommit was re- Roth Souder Traficant strengths for such fiscal year for the Salmon Spence Visclosky jected. Sanford Spratt Vucanovich Armed Forces, and for other purposes.’’ The result of the vote was announced Saxton Stearns Walker A motion to reconsider was laid on as above recorded. Scarborough Stenholm Walsh the table. Schaefer Stockman Wamp The SPEAKER pro tempore (Mr. Schiff Stump Watts (OK) f YOUNG of Florida). The question is on Scott Tanner Weldon (FL) the passage of the bill. Seastrand Tate Weldon (PA) GENERAL LEAVE The question was taken; and the Shadegg Tauzin Weller Mr. SPENCE. Mr. Speaker, I ask Shaw Taylor (MS) White Speaker pro tempore announced that Shuster Taylor (NC) Whitfield unanimous consent that all Members the ayes appeared to have it. Sisisky Tejeda Wicker may have 5 legislative days within Skeen Thomas Wilson RECORDED VOTE which to revise and extend their re- Skelton Thompson Wolf marks on the bill just passed. Mr. DELLUMS. Mr. Speaker, I de- Smith (MI) Thornberry Wynn mand a recorded vote. Smith (NJ) Thurman Young (AK) The SPEAKER pro tempore (Mr. Smith (TX) Tiahrt Young (FL) A recorded vote was ordered. YOUNG of Florida). Is there objection to Smith (WA) Torkildsen Zeliff the request of the gentleman from The SPEAKER pro tempore. This Solomon Torres South Carolina? will be a 5-minute vote. NOES—153 There was no objection. The vote was taken by electronic de- Ackerman Gutierrez Ney f vice, and there were—ayes 272, noes 153, Andrews Hancock Oberstar not voting 8, as follows: Barrett (WI) Hastings (FL) Obey AUTHORIZING THE CLERK TO Becerra Hilliard Olver [Roll No. 174] Beilenson Hinchey Owens MAKE CORRECTIONS IN EN- AYES—272 Berman Hoekstra Pallone GROSSMENT OF H.R. 3230, NA- Blute Horn Payne (NJ) Abercrombie Dooley Kasich TIONAL DEFENSE AUTHORIZA- Bonior Jackson (IL) Pelosi Allard Doolittle Kelly TION ACT FOR FISCAL YEAR 1997 Borski Jackson-Lee Peterson (MN) Archer Dornan Kennedy (RI) Boucher (TX) Petri Armey Dreier Kennelly Mr. SPENCE. Mr. Speaker, I ask Brown (CA) Jacobs Poshard Bachus Dunn Kildee unanimous consent that in the engross- Brown (OH) Johnson (SD) Rahall Baesler Edwards Kim Bryant (TX) Johnston Ramstad ment of the bill, H.R. 3230, the Clerk be Baker (CA) Ehrlich King Bunn Kanjorski Rangel Baker (LA) Emerson Kingston authorized to correct section numbers, Camp Kaptur Reed Baldacci Ensign Knollenberg punctuation, cross references, and to Campbell Kennedy (MA) Riggs Ballenger Everett Largent Cardin Kleczka Rivers make such other technical, clerical, Barcia Ewing Latham Castle Klink Roemer and conforming changes as may be nec- Barr Fawell LaTourette Chabot Klug Roukema Barrett (NE) Fazio Laughlin essary to reflect the actions of the Clay Kolbe Roybal-Allard Bartlett Fields (LA) Lazio House in amending the bill. Collins (IL) LaFalce Royce Barton Flanagan Lewis (CA) Collins (MI) LaHood Rush The SPEAKER pro tempore. Is there Bass Forbes Lewis (KY) Conyers Lantos Sabo Bateman Fowler Lightfoot objection to the request of the gen- Costello Leach Sanders Bentsen Fox Linder tleman from South Carolina? Coyne Levin Sawyer Bereuter Franks (CT) Livingston Cummings Lewis (GA) Schroeder There was no objection. Bevill Frelinghuysen Longley Danner Lincoln Schumer Bilbray Frisa Lucas f DeFazio Lipinski Sensenbrenner Bilirakis Frost Manzullo Dellums LoBiondo Serrano Bishop Funderburk Martinez MESSAGE FROM THE PRESIDENT Deutsch Lofgren Shays Bliley Gallegly McCollum Dingell Lowey Skaggs A message in writing from the Presi- Boehlert Gejdenson McCrery Dixon Luther Slaughter Boehner Gekas McDade dent of the United States was commu- Doggett Manton Stark Bonilla Gephardt McHale nicated to the House by Mr. Edwin Doyle Markey Stokes Bono Geren McHugh Duncan Martini Studds Thomas, one of his secretaries. Brewster Gibbons McInnis Durbin Mascara Stupak Browder Gilchrest McIntosh f Ehlers Matsui Thornton Brown (FL) Gillmor McKeon Engel McCarthy Torricelli Brownback Gilman McNulty REPORT ON RESOLUTION PROVID- English McDermott Towns Bryant (TN) Gonzalez Metcalf Eshoo McKinney Upton ING FOR FURTHER CONSIDER- Bunning Goodlatte Meyers Evans Meehan Vela´ zquez ATION OF HOUSE CONCURRENT Burr Goodling Mica Farr Meek Vento Burton Gordon Miller (FL) RESOLUTION 178, CONCURRENT Fattah Menendez Volkmer Buyer Goss Mink RESOLUTION ON THE BUDGET, Filner Millender- Waters Callahan Graham Mollohan Foglietta McDonald Watt (NC) FISCAL YEAR 1997 Calvert Green (TX) Montgomery Foley Miller (CA) Waxman Canady Greene (UT) Moorhead Mr. SOLOMON, from the Committee Ford Minge Williams Chambliss Greenwood Moran Frank (MA) Moakley Wise on Rules, submitted a privileged report Chapman Gutknecht Murtha Franks (NJ) Morella Woolsey Chenoweth Hall (OH) Myers (Rept. No. 104–577) on the resolution (H. Furse Nadler Yates Christensen Hall (TX) Myrick Res. 435) providing for further consider- Ganske Neal Zimmer Chrysler Hamilton Nethercutt Gunderson Neumann ation of the concurrent resolution (H. Clayton Hansen Norwood Con. Res. 178) establishing the congres- Clement Harman Nussle NOT VOTING—8 Clinger Hastert Ortiz sional budget for the U.S. Government Clyburn Hastings (WA) Orton Fields (TX) Maloney Talent for fiscal year 1997 and setting forth ap- Coble Hayes Oxley Flake Molinari Ward propriate budgetary levels for fiscal Coburn Hayworth Packard Holden Paxon Coleman Hefley Parker years 1998, 1999, 2000, 2001, and 2002, which was referred to the House Cal- Collins (GA) Hefner Pastor b Combest Heineman Payne (VA) 1606 endar and ordered to be printed. Condit Herger Peterson (FL) Ms. BROWN of Florida, Mr. FAZIO of Cooley Hilleary Pickett f Cox Hobson Pombo California, and Mrs. THURMAN Cramer Hoke Pomeroy changed their vote from ‘‘no’’ to ‘‘aye.’’ REPORT OF NATIONAL SCIENCE Crane Hostettler Porter So the bill was passed. BOARD ENTITLED ‘‘SCIENCE AND Crapo Houghton Portman ENGINEERING INDICATORS— Cremeans Hoyer Pryce The result of the vote was announced Cubin Hunter Quillen as above recorded. 1996’’—MESSAGE FROM THE Cunningham Hutchinson Quinn The title of the bill was amended so PRESIDENT OF THE UNITED Davis Hyde Radanovich STATES de la Garza Inglis Regula as to read: ‘‘A bill to authorize appro- Deal Istook Richardson priations for fiscal year 1997 for mili- The SPEAKER pro tempore laid be- DeLauro Jefferson Roberts tary activities of the Department of fore the House the following message DeLay Johnson (CT) Rogers Defense, for military construction, and from the President of the United Diaz-Balart Johnson, E. B. Rohrabacher Dickey Johnson, Sam Ros-Lehtinen for defense activities of the Depart- States; which was read and, together Dicks Jones Rose ment of Energy, to prescribe personnel with the accompanying papers, without H5104 CONGRESSIONAL RECORD — HOUSE May 15, 1996 objection, referred to the Committee The CHAIRMAN. Is there objection comes, increased taxes on married cou- on Science. to the request of the gentleman from ples, increased taxes on Social Secu- Minnesota? rity benefits, increased taxes on inher- To the Congress of the United States: As required by 42 U.S.C. 1863(j)(1), I There was no objection. itances. As a result, every family, am pleased to submit to the Congress a Mr. FRANKS of New Jersey. I thank every year, is seeing their tax bill esca- report of the National Science Board the gentleman for yielding me time. late. Last year, the average family Mr. Chairman, the measure before us entitled Science and Engineering Indica- with a single wageearner took home is not simply about thousands of indi- tors—1996. This report represents the $803 less in their paycheck than they vidual numbers. It is not about eco- twelfth in a series examining key as- did in 1992. nomic assumptions. It is not about What does all this mean to our chil- pects of the status of American science green eyeshades and sharp leaded pen- dren as we look to the future? If we and engineering in a global environ- cils. Budgets are about people. Budgets stay on the current path and we do not ment. The science and technology enter- are about ideas. stop our deficit spending, a child born prise is a source of discovery and inspi- Mr. Chairman, the budget of the Fed- today will face a very bleak future. ration and is key to the future of our eral Government speaks to who we are Seventeen years from today, when that Nation. The United States must sus- as a country. It looks at our hopes and child is prepared to graduate from high tain world leadership in science, math- our aspirations, our dreams. It looks at school, every tax dollar sent to Wash- ematics, and engineering if we are to our challenges and our problems. It ington, DC, will be consumed by just meet the challenges of today and to- looks at our opportunities. five programs: Social Security, Medi- But no budget, Mr. Chairman, exists morrow. care, Medicaid, Federal employee re- I commend Science and Engineering in a vacuum. A budget is developed tirement benefits, and the interest ob- Indicators—1996 to the attention of the against the backdrop of the environ- ligation on the national debt. That Congress and those in the scientific ment that we find today. As family means that when that child gets ready and technology communities. across this country are looking at their to graduate and go to college, there own economic circumstances, they are will be no money available in the Fed- WILLIAM J. CLINTON. saying very clearly that America can THE WHITE HOUSE, May 15, 1996. eral budget to help with his college and must do better. While the economy f education, no money to keep his neigh- may be showing signs of improvement borhood safe from crime, no more Fed- CONCURRENT RESOLUTION ON for some, many families are still strug- eral aid to build new roads or mass THE BUDGET, FISCAL YEAR 1997 gling. Tens of thousands of workers transit systems, and no money avail- The SPEAKER pro tempore. Pursu- continue to lose their jobs, many the able to protect and defend our country. ant to the order of the House of Tues- victims of corporate downsizing. Over his working lifetime, that child day, May 14, 1996 and rule XXIII, the In fact, between June of 1994 and will be paying off a huge debt, a debt Chair declares the House in the Com- June of 1995, fully half the major cor- he inherited from all of us. That child’s mittee of the Whole House on the State porations in the United States elimi- lifetime obligation as his share of the of the Union for the consideration of nated jobs, less than a third of the interest payment on the national debt the concurrent resolution, House Con- workers who lost their full-time jobs will be $18,000. current Resolution 178. found new jobs that paid as much The fact is that America needs a money. On average, workers who lost budget that saves our children’s future. b 1609 their jobs had to settle for jobs that Our children deserve a better and IN THE COMMITTEE OF THE WHOLE paid 8.2 percent less. And for dislocated brighter future than this scenario. Accordingly the House resolved itself workers between the ages of 45 and 55, They deserve one filled with hope and into the Committee of the Whole House their incomes declined by fully 14 per- opportunity and a chance to live out on the State of the Union for the con- cent. We have watched high-paying the American dream. Since the start of sideration of the concurrent resolution manufacturing jobs continue to dis- the Great Society programs in 1965, we (H. Con. Res. 178) establishing the con- appear at an alarming rate. Between have spent $5 trillion on a vast assort- gressional budget for the U.S. Govern- March of 1995 and March of this year, ment of social spending programs. That ment for fiscal year 1997 and setting 326,000 manufacturing jobs were lost. is more than we spent to win World forth appropriate budgetary levels for In the past 2 years, there has been a War II. fiscal years 1998, 1999, 2000, 2001, and 10.2 percent increase in the number of What has that enormous investment 2002, with Mr. CAMP in the chair. Americans who hold two or more jobs. produced? The number of children liv- The Clerk read the title of the con- Today more people are working two ing in households dependent on welfare current resolution. jobs than at any time in our Nation’s has tripled, from 3.3 million to 9.6 mil- The CHAIRMAN. Pursuant to the history. lion. There has been an explosion in order of the House of Tuesday, May 14, the number of mothers, many of them b 1615 1996, the concurrent resolution is con- children themselves, who are having sidered read the first time. Yet, despite working longer and children out of wedlock, a 326 percent The gentleman from Ohio [Mr. KA- harder than ever before, too many fam- increase over the last 30 years. SICH] and the gentleman from Min- ilies feel as if they are not moving We need to make sure that Washing- nesota [Mr. SABO] each will control 90 ahead. They are working harder merely ton is there to lend a temporary hand minutes. to stay in place, and it is no wonder. in time of need, helping the people to The Chair recognizes the gentleman The American family has seen no in- get back on their feet again so they from Ohio [Mr. KASICH]. crease in their wages over the past 31⁄2 can lead independent, self-sufficient Mr. KASICH. Mr. Chairman, for pur- years. Meanwhile, taxes are taking a lives. poses of debate, I yield 11 minutes to bigger and bigger bite out of the fami- As we look ahead to the vast changes my friend and the very distinguished ly’s annual income. that await us in the twenty-first cen- gentleman from New Jersey [Mr. It is interesting to note that back in tury, just around the corner, we must FRANKS]. 1950, Federal taxes consumed just 5 per- empower individuals to take advantage Mr. SABO. Before my friend from cent of the average family’s income. of new opportunities, and to do that, New Jersey starts and lest I forget, I Today, 26 percent of a family’s income America needs a budget that empowers request unanimous consent that the goes just to pay for Federal taxes. Most people to be self-reliant. last 30 minutes of debate on the minor- families across the country, Mr. Chair- To accomplish that objective, we ity side, which is allocated to the Joint man, remember that back in 1993, just need a budget that reduces the power Economic Committee, be controlled by 3 years ago, President Clinton raised and influence of Washington over our the gentleman from Washington [Mr. their taxes, bringing the tax burden to everyday lives. In just 30 years, Gov- MCDERMOTT], and that he have the au- its highest level in history. The Clin- ernment spending has exploded. The thority to yield time to other Mem- ton tax package increased taxes on gas- cost of running the Federal Govern- bers. oline, increased taxes on individual in- ment has moved from $134 billion a May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5105 year to $1.5 trillion a year, and along the 6-year period before 2002, that in re- and forces seniors to pay the dif- with all this spending, we have created ality, at the end of that time, the pro- ference. The coalition plan prohibits a wasteful and bloated bureaucracy. vider cuts in the final year, 2002, will from charging extra and protects sen- Every year that bureaucracy churns actually have to be deeper and make iors from unscrupulous and unfair bill- out thousands of pages of new rules and Medicare more vulnerable than was ing. regulations that affect all aspects of your program as it passed the Congress The Republican plan spends $4.6 bil- our lives, from the food we eat to the and was vetoed by the President. That lion, over $7,000 a person, on medical car we drive to the houses we live in. is hardly progress, my friends. savings accounts, at a time when the And it is not just businesses that pay We find throughout this budget a va- trust fund’s solvency is in jeopardy. the price for all this Government red- riety of sugar coating to make it look The coalition plan handles MSA’s in a tape. Families pay, and pay quite dear- a little bit better than the radical prudent and thoughtful way by having ly. agenda of 1995. But when we look at its a test program, a demonstration Government regulations cost the av- long-term impact, we find that in project. erage family $6,800 every year. Just many cases, it is as bad or worse than The Republicans spend $4.6 billion on think about how time-consuming and what the President fortunately had to medical savings accounts, but not one confusing it is to fill out your own in- veto. And Medicare is one of those penny on preventive benefits. The coa- come tax form. That is because the IRS cases. The cuts, let me say again, to lition Medicare package spends $2 bil- has 480 different tax forms, and another that program in 2002 under your pro- lion on benefits for prostate and colon 280 forms to tell you how to fill them gram of today, they are going to have cancer screening, mammographies and out. It is no wonder it takes the aver- to be deeper than the cuts that you pap smears, and diabetes self-testing age taxpayer over 12 years just to fig- were proposing just a few months ago equipment, a preventive benefit that ure out their own taxes. that the President, fortunately, vetoed. will save over $100 million a year for America needs a budget that lowers We will have some more to say on the Medicare Program when it is fully taxes and spends less of our hard- that subject, much more, as we dis- implemented. earned money. There is something fun- cover that your budget of 1996 is just The Republican budget cuts $123 bil- damentally wrong when the average simply a repeat of the unfortunate pro- lion from hospitals, home health agen- American family pays more on taxes, gram of 1995. cies, and skilled nursing facilities. taxes to the Federal, the State and Mr. Chairman, I yield 4 minutes to Under this new baseline, these cuts are local governments, than they spend on my good friend, the gentleman from even larger than those proposed by the food, clothing and shelter combined. Virginia [Mr. PAYNE]. Republicans last year, and they will The average worker spends 2 hours and Mr. PAYNE of Virginia. Mr. Chair- devastate health care in rural areas 47 minutes out of his 8-hour workday man, I want to thank my colleague such as mine. just to pay his tax burden. Twenty from Minnesota for yielding me this The Republican Medicare plan rep- years ago, that same worker was time. resents the majority’s misplaced prior- spending half that amount of time to Mr. Chairman, I rise in opposition to ities. It benefits some of those who meet his tax burden. the Republican budget resolution and manage the care, but it harms many of Mr. Chairman, our budget plan will in strong support of the Democratic those who receive the care. In doing so, help America to do better. It will end substitute offered by the conservative it cuts $22 billion more from Medicare 30 years of reckless deficit spending. It Democratic coalition. The people back than does the coalition’s bill. will shift power, money, and influence home who are listening to this debate b 1630 out of Washington, DC, and give it will hear echoed many of the same back to the American people. It trusts themes we debated in last year’s budg- The coalition’s Medicare policy rep- our neighbors and our communities to et debate. But while the Republican resents sensible middle ground, with- develop thoughtful and compassionate budget resolution has come closer to out gimmicks, without surprises, or solutions to today’s problems. the coalition substitute in terms of without reversals in policy. This budget attacks waste and ineffi- numbers, it still represents a political I urge my colleagues to support our ciency, and by lowering taxes and re- philosophy that does not reflect the Medicare reform package and to sup- shaping our Federal Government, it views of the American people, and one port the coalition’s budget resolution will help American families to move that will hurt our economy and our and to vote against this Republican ahead so they can earn more, keep citizens. Because the Republicans in- budget resolution. more, and do more. sist on borrowing $122 billion to pay for Mr. FRANKS of New Jersey. Mr. Mr. SABO. Mr. Chairman, I yield my- a tax cut, their resolution achieves $142 Chairman, I yield 21⁄2 minutes to the self such time as I may consume. billion less in deficit reduction than distinguished gentleman from Arizona Mr. Chairman, here we are again, a does the coalition budget. [Mr. HAYWORTH]. repeat of 1995. I represent a party that As it did last year, the coalition sub- (Mr. HAYWORTH asked and was in 1993 produced real deficit reduction. stitute still represents an honest path given permission to revise and extend We did not simply talk about it. We to a balanced budget, that protects his remarks.) produced it, and the deficit has fallen both the middle class and our most vul- Mr. HAYWORTH. Mr. Chairman, I in half. nerable, and nowhere is this more true thank my good friend from new Jersey We come today to face the question than in the Medicare Program. for yielding the time. I listened with of how we continue to put our Federal Last year the Republicans proposed interest to the comments of the rank- fiscal house in order, but how to do it over $28 billion in Medicare spending ing member of the Committee on the in a fashion that is fair and workable. reuctions. This year, they are down to Budget and to the comments of my One of the most important programs $16 billion. Last year the President pro- good friend from Virginia. It is not my that America passed some 30 years ago posed $98 billion in spending reduc- intent to indulge in venom or vitriol was Medicare, to assure that elderly tions, and this year he proposes $124 this afternoon, but, instead, I think it Americans had adequate health care. I billion. So both sides have made sub- is a time for truth. congratulate my Republican friends on stantial and significant progress for- The gentleman from Minnesota finally making one change in your pro- ward toward a centrist compromise to- seems to be saying, ‘‘Well, you have al- posal. You have accepted the Presi- ward the coalition’s budget. But yet most learned your lesson, new major- dent’s position that the base premium while the numbers are moving closer, ity.’’ Therein lies the most clear dif- for part B Medicare should not exceed serious and substantive differences re- ference between the two overwhelming 25 percent of total cost, and I congratu- main. Republicans have backed away philosophies, for those who champion late you on that change. from their radical cuts, but they have the Washington bureaucracy and the Unfortunately, as I look at the de- not backed away entirely from their Washington approach as knowing all tails of your program, however, I dis- radical policies. and knowing best put their faith in cover that while you appear to have The Republican plan turns Medicare that bureaucracy instead of putting been easing your Medicare cuts over managed care into a voucher program their faith in the people of America. H5106 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Those of us in the new majority put great job in bringing us closer together Mr. HAYWORTH. Mr. Chairman, I our faith in the American people, not as we ended 1995. Unfortunately, as I gladly yield to my friend, the gen- the Washington bureaucracy. look at the Republican budget that is tleman from Ohio [Mr. KASICH], the And this, Mr. Chairman, is what is being brought up under this resolution, chairman of the Committee on the truly radical, this fact, this piece of it seems like we are no further to- Budget. truth: That the average person pays gether than we were a year ago. That is Mr. KASICH. Mr. Chairman, for those more in taxes and the average family very unfortunate. A missed oppor- folks that are watching this debate, pays more in taxes today than it pays tunity. The budget should speak to the what the last speaker said is just so far in food, clothing and shelter combined. framework on which we want to see the from being accurate it almost ought to That is a fact. priorities of this Nation, on raising be on the Tonight Show in the opening It is time for truth, and the truth is revenues and on spending priorities. dialog. the largest tax increase in American Let me just talk, if I might, in the I think we ought to stop scaring our history, and this is a fact that my few minutes I have, on Medicare, one senior citizens, our most vulnerable friend from Virginia, who champions part of that budget. The Medicare pro- people. We have massive increases in deficit reduction, gets away from. The posal in the Republican budget will Medicare spending, the program will be fact is the Clinton budget and the Clin- cost my seniors more, they are going enhanced, preserved and improved, and ton tax increase costs every household to receive less care, and it seriously I just really wish that these scare tac- in America $2,600 in additional taxes. jeopardizes the quality of our Medicare tics would come to an end. We can do better. system. The President blamed it on the press. My friend from New Jersey brought Last year the Republicans suggested He said, ‘‘The press made me do it,’’ this check up. We do not need the fic- cutting $270 billion from the Medicare and I think he may be getting around tional Baby Jane Doe. I can put a real system in order to finance $245 billion to the point where he is going to stop, name there, John Mica Hayworth, who of tax breaks. Well, we are not dealing and maybe the rest of the people scar- is now 2 years of age. If we fail to re- with a 6-year budget rather than a 7- ing the seniors ought to stop as well. solve these problems, if we fail to live year budget, so this year the cut in Mr. HAYWORTH. Mr. Chairman, I within our means, John Mica Medicare is $168 billion, the tax breaks thank my friend and colleague from Hayworth will pay in interest on the of $122 billion going basically to Ohio. It would be laughable if it were debt over $185,000 in his lifetime. That wealthier people. not so tragic. is unconscionable. That is not what our seniors want. My colleague from Maryland speaks This budget dispute is not about That is wrong. Instead, we should be of a missed opportunity. It is a missed numbers, it is about flesh and blood looking at ways of preserving the Medi- opportunity when we fail to allow the and the future, and despite the rhetoric care system, which the Republicans American people to hang on to more of and the playground taunts, the fact is talk about, but by their own admission their hard-earned money and send less we can do better for today’s seniors, for they do nothing on the long-term sol- of it here to Washington, DC. That is the youngsters of today, for genera- vency of the Medicare system and a tragic. tions yet unborn. large part of their savings do not go It is a missed opportunity when a Say no to the Clinton crunch, yes to into the Medicare Part A Program. Medicare trust fund under this admin- our new budget and yes to a new plan We talk about giving our seniors istration is already $4 billion in ar- for the future. more choice, and they do if a person rears, instead of moving to solve the Mr. SABO. Mr. Chairman, I yield my- happens to be wealthy or healthy, problem by allowing seniors the chance self 1 minute to simply say that was under the Republican program. But the and the opportunity they have at every about the most inaccurate description vast majority of my seniors do not fall other phase of life to make their own of what has happened I have seen. into that category. They will not be choices, somehow try to lock them into The fact is the bulk of the new reve- able to choose a health care plan that a government bureaucracy. nues last year applied to changes in the will cover their needs. Again, Mr. Chairman, it comes down income Tax Code for people with tax- The Republican proposal removes the to this question: Who should we trust? able incomes of over $140,000, which protections in Medicare about the Should we place more trust in the means they have close to a gross in- plans charging more or the doctors hands of the Washington bureaucrats, come of $200,000. The surcharge applies charging more. Sure, if an individual is who in the wake of that largest tax in- to incomes over $250,000, probably gross wealthy they can afford that extra crease in American history have only taxable income over $250,000, gross in- money, but if they are of modest in- delivered 49 percent of the revenues come of $300,000 or more. come, as most seniors are, they cannot this tax increase was supposed to bring I have to indicate also to the gen- and they will be forced into a plan in, in our breakneck pace of spending; tleman that the numbers he is using on where they do not have choice. or do we trust the American people to this chart of average taxes assumes or We talk about people going into a make the right choices for their fami- averages in the Ross Perots with the private plan and returning the Medi- lies and their futures? rest of everyone. That is clearly inac- care but we offer no protection on their We can play scare games all day, but curate. It assumes that the cost of Medigap plans. Most seniors rely on in the final analysis, Mr. Chairman, we shelter is only 15 percent, and all of a Medigap, and yet the Republicans have must stand at the bar of history with sudden here a while ago, in the housing removed that from their proposal. the American people as our judge; and, bill, the gentleman was trying to in- We do have a choice. We do have a as for me and the new majority, we crease rents to over 30 percent of in- choice in order to preserve the Medi- stand firmly in the column of the come for people in low-income housing. care system. We can vote for the Presi- American people. We reject the out- Grossly inaccurate. dent’s budget, we can vote for the Con- moded notions that Washington knows Mr. Chairman, I yield 3 minutes to gressional Black Caucus’ budget. I best. Join us, save this country. my friend, the gentleman from Mary- favor the coalition budget because it is Mr. SABO. Mr. Chairman, I yield 3 land [Mr. CARDIN]. a responsible way to bring down the minutes to my good friend the gen- Mr. CARDIN. Mr. Chairman, I want cost of Medicare without robbing our tleman from Washington [Mr. to thank my friend, the gentleman seniors to pay for tax breaks for MCDERMOTT]. from Minnesota, Mr. SABO, for yielding wealthy people. It also preserves the (Mr. MCDERMOTT asked and was me this time, and really congratulate quality of our Medicare system. given permission to revise and extend Mr. SABO for working with Members on I urge my colleagues to reject the Re- his remarks.) both sides of the aisle, Democrats and publican proposal and support the coa- Mr. MCDERMOTT. Mr. Chairman, I lis- Republicans, people of different persua- lition budget. ten to this and I think that anybody sions, to try to get us together on a Mr. KASICH. Mr. Chairman, I yield 2 who is watching it or listening to it in budget that will balance the Federal minutes and 15 seconds to the gen- their office would ask themselves, who budget by the year 2002. tleman from Arizona [Mr. HAYWORTH] should I believe? I thought we were making progress and ask the gentleman if he will yield Now, the last Speaker got up here and I thought Mr. SABO had done a to me. and said that we ought to stop scaring May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5107 the seniors. I agree with that. It was woman from Washington [Ms. DUNN], in enforcing court-ordered child sup- the Republican proposal that scared and ask if the gentlewoman will yield port. Right now today, $34 billion are the seniors in the first instance. And to me. owed in court-ordered child support not for those individuals who know who Ms. DUNN of Washington. I yield to being paid to custodial parents from Yogi Berra is, Yogi Berra once said, the gentleman from Ohio. these children’s own parents. Our pro- when asked about a particular event, it Mr. KASICH. Mr. Chairman, let me gram finds a way to locate those dol- is kind of deja vu all over again. What just say, you can fool some of the sen- lars, especially those deadbeat parents we are seeing today is the same plan iors some of the time but not all of the who move out of the State to avoid they rolled out here last year. They did seniors all of the time. supporting their flesh and blood chil- not change anything. This trust fund is on the road toward dren. Oh, they have tinkered with it a lit- bankruptcy. Our program is designed Mr. Chairman, what is at stake is tle bit. They said they are not going to to significantly increase the amount of real welfare reform. Imagine what our fool with the senior citizens premiums. dollars in Medicare and to guarantee country will look like in 5 years if we They are not going to raise it up to 31 that this fund will be solvent well into do not pass it. The system continues to percent; they are going to hold it at 25 the next century so our senior citizens hold millions of poor families in its percent. can have a very viable program. grip. The problem is not the people who Now, of course that is the House. b 1645 are involved. The problem is the failed Now, we all know it will pass out of the process. The President recently asked House and go over to the Senate. Is Ms. DUNN of Washington. Mr. Chair- man, I want to switch the discussion to for a welfare bill with personal respon- there any agreement with the Senate sibility, work and family. We give it to on that; does anybody know? No, there welfare, because welfare reform is in- cluded in this balanced budget resolu- him. Sign this balanced budget pro- is no agreement. This is a House pro- posal, Mr. President. posal, and we will get the same wrangle tion. During the past 30 years, the Federal Mr. SABO. Mr. Chairman, I yield 2 and, just watch, we will get the same Government has spent more than $5 minutes to the hard-working gen- jerking around. tleman from New Jersey [Mr. Now, instead of the part B premiums, trillion on welfare programs intended PALLONE], a real knowledgeable Mem- the House GOP is going to cut hos- to alleviate poverty, but the problem is getting worse, not better. The system ber on health care. pitals because they do not want to cut Mr. PALLONE. Mr. Chairman, I just doctors. The part B, as my colleagues is getting more and more cruel. Today one American child in seven is raised want to say the seniors in this country know, pays for the doctor bills, and are scared and they have reason to be they do not want to cut doctors be- on welfare. That is what this budget debate is all about: the children and because of these Republican proposals cause they made a deal with them. on Medicare. There is no question in They said, ‘‘If you will support our their families. The current welfare sys- tem encourages a life of dependency my mind what is going on here again is plan, we will give you a couple of the same thing that we saw last year. things, and one of them is balance bill- and weak families, and that has a dev- astatingly negative effect on a child’s That is that senior citizens are being ing.’’ made to pay for the cuts that are being Now, remember the history of bal- development. proposed in this budget and that Medi- ance billing. Back in 1985 we said that Every one of us feels sick when we care is taking a bigger hit, almost as doctors had to accept what Medicare read in the paper, we see on television big a hit as it did last year, and all to paid when it paid a senior citizen’s bill. the real life stories of how the current The doctor could not balance bill. For welfare system has failed. Think of pay for tax breaks essentially for almost 11 years they have not been this: 19 children found together in a wealthy Americans. Now why should a senior citizen be able to balance bill. But the Repub- cold, dark Chicago apartment. Police scared? They should be scared because licans said to the doctors, ‘‘Look, if found them sharing a bone with the when the Medicare program was estab- you will support our plans to cut the family dog for food. Or the Boston fam- lished in 1963, they were basically told daylights out of Medicare, we will let ily that has 14 out of its 17 adult chil- you balance bill.’’ So whatever Medi- dren now living on welfare, right now, that they were going to have at least care pays, senior citizens can expect and receiving close to $1 million a year three things: One, they were told they that the doctors will pile on an addi- from taxpayers. were going to have an unlimited choice tional balance bill on top of that. Our solutions are focused on promot- of doctors and hospitals. Medicare Now, in addition to that, we have to ing families and work, moving families would reimburse for that. Second, they remember that the Speaker said, pub- into the work force and off welfare is were told that they would have protec- lic statement, that he expects the tra- the only way to break this cycle of de- tion against having to pay a lot of ditional Medicare plan to wither on the pendency. Most Americans on welfare money out of their pocket. Right now vine. Now, how do they expect to cause want to work, but, sadly, our Govern- it is limited to 15 percent. And then this withering on the vine? The tradi- ment offers them a better short-run they were told they would have guar- tional plan that most people are in, deal to stay dependent. anteed coverage of all Medicare bene- they simply are not going to give the To make our approach work, the fits for the premium that was estab- kind of increases that will make it pos- amount of time someone stays on wel- lished by law. sible for doctors to stay in that, so doc- fare must be limited. Our bill does All these things are at risk in this tors will say, we do not want any sen- that. The President says he supports a Republican budget today. First of all, iors, and the only place a senior will be 5-year time limit on cash welfare bene- because of the reimbursement rate, the able to get their health care is to go fits, but he includes so many exemp- fact of the matter is that seniors will into a managed care plan. tions that the current welfare system be pushed into HMO’s or managed care. Now, by doing that, that means they would no be significantly changed. Fur- They will not have their choice of doc- will have moved all senior citizens into thermore, under the President’s plan, tors and hospitals. managed care and they simply are recipients are guaranteed noncash ben- Secondly, the protections against going to squeeze people down. It is very efits forever. balanced billing are eliminated. The clear the plan the laid out. It is going We understand that families, espe- doctors, if you stay in the traditional to cost seniors $1,000 more a year by cially mothers, need a helping hand in Medicare program, can charge any- the year 2002. moving from welfare to work. That is thing beyond the 15 percent that is pro- Mr. Chairman, this is the kind of why we provide over $6 billion in addi- vided under current law. So more scaring that has gone on. It ought to tional child care assistance over what money out of pocket means you do not stop. This same plan is being rolled out is currently contained in the current have the health care if you cannot af- here again, and this should be enough welfare system. This gives parents the ford it. in itself to defeat this budget resolu- peace of mind to go off welfare into the Lastly, with the MSA’s, with the tion. work force. medical savings accounts, basically Mr. KASICH. Mr. Chairman, I yield 3 We also understand that children are seniors are going to be encouraged to minutes and 15 seconds to the gentle- hurt when our system fails so pitifully go into this two-tiered system where H5108 CONGRESSIONAL RECORD — HOUSE May 15, 1996 they have only catastrophic coverage, We are at that same crossroads also proposing some significant and they have to pay out of pocket for today. A child born into America today changes and eliminations. Included in anything short of a catastrophic health will pay an 82-percent tax rate if we this budget resolution is an assumption care. So why should not senior citizens stay on the course we are on. That ei- that 25 important educational pro- be scared? ther means economic enslavement or it grams will be block granted; the Gov- All the basic tenets, if you will, of means a collapse of the financial sys- ernors will get to decide how to spend the Medicare program are at risk under tem as we know it. It took every single this money. While I have yet to see the the Republican budget. They do not personal income tax return filed west list of these 25 programs, I can tell you know for sure if they can have their of the Mississippi River simply to pay that in some cases, the States will not doctor anymore. They could very eas- for the interest on the national debt. A act to serve vulnerable populations of ily have to pay a lot more out of their child born in America, as you saw by children. It was because of the refusal pocket for going to a doctor or other the check earlier, will pay $187,000 in of the States to address the unique Medicare or other health care expenses, taxes on their share of interest on the educational needs of homeless children and they do not even know if they national debt if we stay on the course that I worked to create the Homeless choose an MSA that they will be able we are on. So we are at that crossroads. Education Program. States and local to have a lot of the services that Medi- I think what this budget does is point governments simply did not reach out care now provides. us at the right fork in the road, be- to these children and I can assure my I would be scared. They should be cause it begins to move decisions back Republican friends that under the scared because of what the Republicans to people in their local communities, block grant proposal, homeless chil- are doing here today. in their local towns, and in so doing re- dren will be denied basic educational Mr. KASICH. Mr. Chairman, I yield stores the American dream, and I think services. myself 20 seconds. has a lot to do with saving the civiliza- Once again the Republicans are pro- Of course the gentleman obviously tion. posing to dismantle the one agency has not read our program because our Ms. SLAUGHTER. Mr. Chairman, I whose mission is job development and program would give senior citizens yield myself 3 minutes. growth. Did we learn nothing from last more choice. In fact, most senior citi- (Ms. SLAUGHTER asked and was year’s budget battle. We need a strong zens would love to be in the Arizona given permission to revise and extend and effective Department of Com- plan which offers them prescription her remarks.) merce. The late Secretary Brown ac- Ms. SLAUGHTER. Mr. Chairman, I drugs, eyeglass coverage with no complished this objective and I am rise today to express my strong opposi- charge, no part B premium and no fully confident that Secretary Kantor tion to the Republican budget resolu- deductibles. We want to give senior will meet the same challenge. tion and to advise my colleagues to citizens more choice. In that system This Republican budget resolution carefully consider the implications of also proposes the elimination of the they would not have more copayments this budget on domestic discretionary and in fact get to choose whatever kind Legal Services Corporation. Guaran- spending. My colleagues need to under- teeing the basic protection of a citi- of system they want. stand there is simply no growth in this Mr. Chairman, I yield 2 minutes to zen’s constitutional rights is one of our budget for important programs. De- the gentleman from South Carolina responsibilities as Members of Con- fense is the only area where they have gress. We take an oath to protect and [Mr. SANFORD]. proposed real growth. It makes no in- Mr. SANFORD. Mr. Chairman, it is defend the Constitution. Shouldn’t we vestment in safe highways, airline traf- interesting that if one looks at the be concerned about guaranteeing every fic safety, safe streets, safe schools, polls today, for the first time in Amer- citizen, regardless of their income, the education, health care, public safety, right to due process and the right of ican history when folks were asked: do clean water, clean air, research and de- you think your children will do better fair and just representation? Appar- velopment, business development, and ently only those who have the ability off or worse off than you did, they are transportation. The tough choices we answering ‘‘worse off.’’ That is the ab- to pay are allowed adequate legal coun- made in 1990 and 1993 controlled the sel. solute opposite of the American dream, growth in discretionary spending. The because the American dream is built on I am gravely concerned about the di- caps have worked and we have the dis- rection of this country as we enter the the idea that I did this well, my father cipline to control future discretionary next century and firmly believe that did a little bit poorer than that, and spending. There is simply no justifica- this budget will not guarantee that we my children are going to be doing bet- tion for further assaults on critical do- are prepared to meet the challenges. I ter than that. mestic programs. It is also difficult to One cannot build a civilization, one urge my colleagues to vote no on the understand how my Republican col- Republican budget resolution. We can cannot build a country around the idea leagues could propose slowing the balance the budget without jeopardiz- that my children are going to do worse growth in domestic discretionary ing our economic future. off then I did. So I think at the core of spending to such low levels that by the Mr. KASICH. Mr. Chairman, I yield 2 this debate and the core of this budget, year 2002, the purchasing power of minutes to the distinguished gen- what we are really talking about is the overall nondefense discretionary appro- tleman from the State of Oklahoma American dream. priations will be 26 percent below this [Mr. WATTS]. Mr. Chairman, I would say second year’s level. At the same time that Mr. WATTS of Oklahoma. Mr. Chair- what those polls show is that Ameri- they plan on eliminating any real in- man, there was a cultist popular hu- cans at the gut level understand what vestment in our economic security, manistic theme in the 1960’s that said history has well documented over the they are proposing $13 billion more for ‘‘God is dead.’’ I am afraid that many course of time. Rome fell in 476 after defense than requested by the Penta- of my colleagues on the other side of controlling essentially the entire gon. the aisle decided that they were left in known world. The Byzantine empire, Let me remind my colleagues again, charge, and what they did was drive us the Italian renaissance came to an end, that these cuts are in the most basic into the ever-deepening quicksand of the Spanish empire came to an end, the programs. Education, environmental more and more Government spending Dutch empire came to an end, the protection, medical research, Head without results. Ottomon empire came to an end. A Start, civilian research and develop- Our budget resolution offers more host of civilizations came to an end be- ment, nutritional assistance, transpor- savings so that Americans can ulti- cause everyone of them reached a tation, and criminal justice. All of mately keep more of what they earn crossroads wherein they had to decide: these programs, regardless of what you and they can decide what is best for Do we go back to what made us com- may hear will be adversely affected if them, not the Government. Bottom petitive and a world power in the first we enact the domestic discretionary line, in our budget we trust the Amer- place, or we stay on this cozy but ulti- level proposed in the Republican budg- ican people. In their budget, they do mately unsustainable cycle of upward et resolution. not, government spending and upward gov- In addition to the funding levels pro- Do I hate my Government? No. I just ernment taxation? posed, my Republican colleagues are believe that we can do better for this May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5109 country and for our kids, our the burden on the well-to-do; the Re- Such cuts would devastate commu- grandkids, working families, and sen- publican budget, for example, provides nities like Pittsburgh. Federal commu- iors. We can do better than $200 plus a child tax credit for middle- and nity development funding leverages billion annual deficits, a $5 trillion na- upper-class families while cutting billions of State, local, and private sec- tional debt. I think we can do better earned income tax credit assistance to tor dollars into important development than an anemic welfare system that pe- low- and moderate-income households. and revitalization efforts. Without this nalizes mothers for saving money and The Republican budget also resur- Federal seed money, many commu- penalizes them for wanting to marry rects a number of policies discussed nities across the country will be at a the father of their children. last year. It eliminates the Commerce loss to address many critical commu- Mr. Chairman, I believe we can do Department, the Energy Department, nity needs. better by saving Medicare from bank- AmeriCorps, the National Endowment American workers are also adversely ruptcy. In this country, we expect the for the Arts [NEA], the National En- affected. The Republican budget would best from our high school, our college, dowment for the Humanities [NEH], reduce funding for programs like OSHA and our professional athletic teams. the Legal Services Corporation, and that ensure workplace safety. It would Why should we not expect the same the National Institute of Occupational eliminate the National Institute of Oc- from our Government? We are the Safety and Health, just to name a few. cupational Safety and Health [NIOSH], greatest, freest, wealthiest country in These agencies provide valuable serv- the only Government agency that con- the world. I believe we can do better ices to the people of this country. The ducts research on workplace injuries. and we should as Americans. Red, yel- proposals to eliminate them are short- It would repeal the Davis-Bacon Act low, black, and white, we should de- sighted efforts to pander to the public and the Service Contract Act, legisla- mand the best from our Government, perception that all government is bad. tion that guarantees that employees of and our budget starts us in that direc- If you doubt that this is the case, then Federal contractors are paid locally tion. ask yourself why many of the func- prevailing wages for their work. And it Am I an optimist? I am reminded of tions, operations, and even the staff of would extract another $9.4 billion in the guy who defined an optimist as the Departments of Energy and Com- savings from Federal civilian and mili- going after Moby Dick in a rowboat merce will merely be shifted to other tary retirees, the same people who and taking the tartar sauce with him. agencies, much like the transfer of the have been called upon again and again Am I an optimist? You bet I am. I do Interstate Commerce Commission’s re- in recent years to bear a disproportion- believe we can do better by trusting sponsibilities and staff to the Depart- ate share of the burden of balancing the American people and figuring out ment of Transportation last year. the budget. the right answers for this time in our In addition, the Republican budget The Republican budget assumes dra- Government. would provide more than $2 billion less matic changes in Federal housing as- I believe that our budget resolution than the President’s budget on crime- sistance programs as well. While these starts us in that direction. Our budget fighting programs. It is inconsistent to programs are in need of reform, current gets us another year down the road of enact tough anticrime measures on the funding for these programs falls far accomplishing a balanced budget in the one hand and then deny law enforce- short of meeting the need for afford- next 6 years. If we balance the budget, ment officials the resources that they able housing in this country. The Re- it opens the gateway to the future for need to carry out those measures on publicans would reduce spending on our kids and our grandkids. If we do the other. housing assistance from the current not, we can only look forward to more One of the most important invest- level of services by roughly $20 billion financial despair and burdens on fami- ments the Federal Government can over the next six years. lies, a bankrupt Medicare system and make is its investment in its human The Republican budget would also keeping the caged eagles in the poor capital. And yet, the Republican budg- make dramatic changes in important community locked up just waiting to et would freeze Federal funding for job Federal transportation programs as soar. training programs at roughly 60 per- well. The local matching rate for tran- Mr. Chairman, I urge my colleagues cent of the 1995 appropriations level for sit capital grants would be increased to to open the gateway to the future for these programs. It would reduce fund- 50 percent. Transit operating assist- our kids and our grandkids by voting ing for the Job Corps by nearly 10 per- ance would be phased out. And mass for this budget resolution. Trust the cent as well. And it would eliminate transit new starts would be eliminated. American people. AmeriCorps and the Direct Student Research and development of advanced b Loan Program. high speed rail would be eliminated as 1700 Despite the strong public reaction to well. In total, transit funding would be Ms. SLAUGHTER. Mr. Chairman, I the Republicans’ antienvironment ini- reduced below a freeze level by more yield 2 minutes to the gentleman from tiatives last year, the Republican budg- than $6.5 billion over the next six Pennsylvania [Mr. COYNE]. et resolution would once again under- years. This policy shift would have a (Mr. COYNE asked and was given per- mine Federal efforts to protect the en- devastating impact on congestion, en- mission to revise and extend his re- vironment and improve public health. ergy consumption, economic growth, marks.) It would cut the EPA’s operating budg- and air quality in many of our urban Mr. COYNE. Mr. Chairman, I rise et by 11 percent for fiscal year 1997. areas. today to point out the many defi- Cuts of this magnitude would damage The Republican budget would elimi- ciencies in the Republican budget reso- the agency’s ability to enforce existing nate or dramatically reduce tech- lution. environmental statutes. It would also nology transfer programs like the Ad- The Republican budget is fundamen- eliminate EPA programs to develop ad- vanced Technology Program and the tally flawed. It places the burden of vanced environmental technologies. Manufacturing Extension Partnership deficit reduction on health care, edu- This budget would also phase out en- Program, programs that provide valu- cation, environmental, infrastructure, ergy conservation programs, renewable able technical assistance to small man- and safety net programs while leaving energy research, and fossil energy re- ufacturers across the country and pro- defense spending and corporate welfare search and development. Such policies mote the development of advanced virtually untouched. It still provides a are incredibly short-sighted. technology and innovative products. substantial tax cut at a time when the One of the functions most dramati- These programs help American busi- Federal Government is running a siz- cally reduced under the Republican nesses compete with foreign manufac- able deficit. Defense spending is actu- budget proposal is community develop- turers. They produce an incredible re- ally increased in this budget while crit- ment. Funding for programs like the turn on the Federal Government’s ical domestic needs are ignored. Fi- Community Development Block Grant modest investment. nally, the Republican budget puts a Program would be reduced from $11 bil- The Republican budget still makes whole new spin on redistribution by in- lion in 1996 to $6 billion in 2002. The dramatic changes in the Medicare and creasing the burden on low- and mod- Economic Development Administra- Medicaid Programs. The proposed sav- erate-income Americans and reducing tion would be eliminated altogether. ings are large enough to devastate H5110 CONGRESSIONAL RECORD — HOUSE May 15, 1996 these critical health care programs. It Caucus-Congressional Black Caucus We are talking about spending cuts. I is interesting to note that the dif- budget. hope my colleagues from rural America ference in Medicare savings from last Mr. KASICH. Mr. Chairman, I yield 2 take a good hard look at our col- year’s budget resolution to this year’s minutes to the distinguished gen- leagues’ budget. Cutting 46 percent is roughly the same size as the reduc- tleman from the city of Cincinnati, OH more out of the agriculture discre- tion in the size of the tax cut that the [Mr. PORTMAN]. tionary function over the next 6 years Republicans are proposing. That would Mr. PORTMAN. Mr. Chairman, I just does not make good economic sense by suggest to me that the Medicare sav- want to say I support this budget with- anybody’s standards. Cutting 13 per- ings in this budget are motivated by out reservation. It is a great budget for cent from research extension this year, the Republican tax cut package, and all the reasons we have heard up here 1997, does not make good sense. Who- not by concern over the future of the today. ever proposed that, I do not understand Medicare Program. Regardless of the I have got three kids at home. It is how they could possibly come up with motivation, it should be clear to all about the kids, it is about the next that. Americans that attempting to save $168 generation. We do not want to leave The idea that there is that much billion from Medicare over the next 6 them with this crushing debt, now $5 more overhead down at USDA com- years is simply irresponsible, as is the trillion. We do not want to increase pletely ignores the fact that we have plan’s reliance on medical savings ac- their taxes to the extent we would have spent the last 3 years reorganizing the U.S. Department of Agriculture. We counts to cut costs and impose fiscal to in order to service that debt. We have cut $4.2 billion from that over- discipline on Medicare beneficiaries want them to have a shot at the Amer- ican dream. head. Now to come in and say we are and providers. So this budget is at least one impor- The Republican plan would also ad- going to take another $695 million be- tant step toward getting that budget versely affect Medicaid beneficiaries as cause somebody keeps saying there is under control and to get it into balance well. The Republican’s budget resolu- unnecessary bureaucratic overhead in 6 years. tion would garner substantial savings, downtown, they are not looking at But let me mention something else, what has already been done over the $72 billion, from Medicaid by convert- and the gentleman from Ohio [Mr. KA- last 3 years in the current administra- ing it to a block grant, and it would SICH] talks about it a lot. Forget the tion, and they are truly going to do ir- eliminate the current guarantee of numbers. This is also about shifting reparable harm to agriculture, rural health care coverage for 2.5 million power and responsibility and authority health. low-income children between the ages and money out of this city, out of Eliminating the office of rural health of 13 and 18. Washington and back to our States, in the block grant program that has al- Finally, the Republican budget would back to our local communities and lowed rural hospitals who have been pull a number of additional threads back to people, and that is very impor- struggling to just keep their doors from the already fraying Federal safety tant, and it is a big distinction between open, the success of that program, to net. The Republican budget would the way we have been going and the suggest that is going to be eliminated make $53 billion in savings in programs way we like to go. does not make sense. like AFDC, food stamps, and SSI, pri- For 40 years we have increasingly ag- So, a lot of cuts. Yes, we need to cut; marily by eliminating the Federal gregated that power and authority here yes, we need to make decisions along guarantee of assistance for the needy in Washington. This budget is all about these lines. But I would say take a and converting them to block grants. getting it out. Medicaid is a good ex- good hard look at rural health, and Where does that leave us? With a Re- ample of that. Education is a good ex- that also includes urban health because publican budget resolution that is fun- ample of that. Welfare is a great exam- what I say about rural health applies damentally flawed. I voted against this ple of that. Let me give my colleagues exactly the same way to the inner resolution when it was considered by one example in Ohio. cities, and there are being many deci- the House Budget Committee, and I For years Ohio tried to get a waiver sions made in this budget in the name shall vote against it when it is consid- to be able to do something innovative of cutting the bureaucracy that are ered by the full House. and creative in the area of welfare to going to have the opposite effect. They Any of the Democratic alternatives try to help people actually move from are going to have a devastating effect would be preferable. The President’s welfare rolls to payrolls. Finally we on the food supply of this Nation some budget is a responsible attempt to bal- got some of the waivers. We were able, day. ance serious deficit reduction with im- in the last 3 years, to reduce our wel- Mr. Chairman, as Representative for the portant investments in our future and fare rolls in Ohio by 23 percent. We very rural 17th District of Texas, as a founding the need to preserve Federal safety net could do twice that well, maybe three member and former cochairman of the House programs, although I believe that it times that well, if we could get real Rural Health Care Coalition, and as a 16-year would be better to balance the budget flexibility that is in this budget pro- veteran on the House Agriculture Committee, before we cut taxes substantially. The posal in the area of welfare reform. I find the degree to which this budget resolu- coalition budget also deserves credit Let us trust the people that sent us tion assaults rural America truly stunning and for its commitment to deficit reduc- here. Let us do this budget because it enormously disturbing. In the past, rural Mem- tion, although I also have concerns is the right thing to do for our kids, to bers, which of course can be found in both about some of the provisions it con- get our fiscal house in order, but also parties, have always managed to put aside tains. I believe, however, that the Pro- let us do it because it is time to start partisanship in rural issues for one fundamen- gressive Caucus-Congressional Black moving some of the power and author- tal reason: An overriding worry about the po- Caucus budget proposal provides the ity out of Washington where it is in- tential loss of access to quality health care, Federal budget strategy that best ad- creasingly aggregated and reverse that loss of business, and ultimately, loss of eco- dresses the needs of this Nation over trend. This is one small step and an im- nomic viability in rural areas. the next 6 years. This budget sub- portant step toward doing that. The programs and offices which this budget stitute balances the budget, invests in Ms. SLAUGHTER. Mr. Chairman, I targets for elimination in the health function our communities and our human cap- yield 2 minutes to the gentleman from are the very programs and offices originated ital, and even expands Federal safety Texas [Mr. STENHOLM]. by the bipartisan Rural Health Care Coalition. net programs. It does so by reducing Mr. STENHOLM. Mr. Chairman, I realize that constituents of urban Members defense spending to a level commensu- there are two budgets; no, there are do not worry about whether there is going to rate with the reduced military threat four budgets being considered tomor- be a doctor to deliver their babies, an emer- we face with the end of the cold war, row. The one that I support borrows gency room to treat the tractor accidents, a and by eliminating corporate subsidies $137 billion less than the majority nurse to treat daily illnesses. But these are and tax breaks that are wasteful and budget. I listened to a lot of speeches things my constituents do worry about. The inefficient. today, and I do not understand how programs targeted by this budget certainly do Consequently, I urge my colleagues anyone can propose that borrowing $137 not respond to all of those needs by them- to reject this improvident budget reso- billion more is going to make good eco- selves but the programs and their coordination lution and to adopt the Progressive nomic sense. play a vital role at the edges. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5111 The assault on agriculture is even more re- No, Mr. Chairman, a budget is an op- port language became an iron-clad markable, with total agricultural discretionary portunity for this body and for our po- mandate for the Committee on Science spending cut a staggering 46 percent from litical parties to make a philosophical and we were forced to follow its every 1997 to 2002. I understand Republicans think statement about the direction we be- detail in the authorization bills that that this nearly 50 percent reduction will come lieve this country should be going. It is were reported out. This budget resolu- from overhead, which I find particularly inter- an opportunity for us to say something tion renews the attack. esting since the Agriculture Department has about where we think our future is. It Overall, this budget resolution cuts just completed a major reorganization and is an opportunity for each party in the nonhealth civilian science agencies downsizing. Since most of those cuts are un- Congress to set forth its vision, its vi- by over $3 billion below the President’s specified, it's hard to know whether they will sion for America, its hopes, its dreams request just for fiscal year 1997. Over be taken from the hide of research and exten- for our future and for our children’s fu- the entire 6-year period, this resolution sion programs, conservation programs, or nu- ture. cuts over $15 billion from the Presi- trition and safety programs. What is clear, Mr. Chairman, our budget makes dent’s request. In inflation adjusted however, is that with the Ag discretionary such a statement. It says very clearly terms, our science investment will be budget virtually cut in half, the impact will be what we believe the National Govern- cut by over 25 percent by the year 2002. felt in each and every function of the USDA. ment’s priorities should be. It insists These cuts come on top of extraor- And that means the impact will be felt in each that we should decide what this Gov- dinary efforts on the part of the admin- and every rural community. ernment can do, what it must do, and istration to identify cost savings in all I find it hard to believe that my many friends what it should do. It says that we of the science oriented Federal agen- across the aisle who serve with me on the Ag- should reduce the burden on our chil- cies. NASA, NSF, NOAA, DOE, EPA riculture Committee or on the Rural Health dren, the burden that a new child born and other agencies have dramatically Care Coalition have focused on the aspect of today in this country, assumes upon downsized over the past 2 years. They the majority's budget. I have little doubt, his or her birth. That burden is a bur- have eliminated thousands of jobs, though, that as these numbers are imple- den of $188,000 just to pay the interest they have privatized major portions of mented into policies and as constituents on the national debt. their operations and they have cut across the country notify their Representatives Our budget says we believe other lev- overhead through reinventing Govern- of their concerns, my friends will become as els of government, the private sector, ment. This budget resolution rewards alarmed about the impact of this budget on and nongovernmental organizations, them with additional cuts that go be- the future of rural America as I am today. can perform government functions bet- yond streamlining management. These Mr. Chairman, for this and other reasons, I ter than Washington can. We say this reductions are emasculating the core urge a ``no'' vote on the Republican budget about education, we say this about missions of these agencies and the fun- and a ``yea'' vote for the coalition substitute some aspects of welfare, about some as- damental role of Government in sup- which approaches a balanced budget in a far pects of health care, we say it about porting research and development. more humane and reasonable manner. such things as economic development. This is not a matter of simply bal- Mr. KASICH. Mr. Chairman, I yield And, yes, most importantly, it says ancing the budget. Indeed, the Presi- myself 1 minute. dent’s budget is balanced. The Repub- I dearly love my colleague from that we believe the burden of taxes on lican plan contained in this budget res- Texas, but as my colleagues know, talk American citizens should be reduced. olution has established a rigid set of about a vain effort, I mean there is no Our budget would reduce the burden of ideological principles, set forth in the one that I have yet met outside of the taxes on American citizens. beltway who thinks that we have cut The gentleman from Texas talked accompanying report, with which to bureaucracy and redtape and travel ex- about having to borrow more money. make judgments on the value of R&D. penses and supplies and equipment But we reach a balanced budget as soon The authors of this resolution have as- enough in any, virtually any, piece of as any of our other budgets that are serted that this blueprint represents this Federal Government. proposed. What we do differently is the only acceptable way to balance the This Republican majority believes leave some of the money in people’s budget. that there is tons of money available in pockets, leave money in the pockets of For example, a balanced budget, ac- the travel allowance, the supply allow- American citizens so they can decide cording to the report language, must ance, the equipment allowance of vir- how to spend the money on their include the elimination of one direc- tually every single department, bureau health care, on their education, on torate—namely the Social Sciences Di- and agency of this Government, and their schooling, on their housing, on rectorate—at the National Science frankly, I do not even think we started all the needs that they have. We do Foundation. It must include the to downsize and save money. this because we believe that Americans elmination of solar and renewable en- So we are after the overhead ac- who work hard and earn it should keep ergy research, fossil energy research, counts of everything in this Federal it. and energy conservation research at Government, and I have not yet gone That is what this budget is about; the Department of Energy. It must in- home and had one taxpaying citizen that is the statement this budget clude a virtual elimination of any envi- say to me, ‘‘You have really cut the bu- makes. I urge my colleagues to support ronmental research within NASA. The reaucratic overhead too much in Wash- it. list goes on. ington.’’ Not one single person has told Ms. SLAUGHTER. Mr. Chairman, I Mr. Chairman, these are not just rec- me, and I think we are absolutely on yield 2 minutes to the gentleman from ommendations for balancing the budg- the right track. California [Mr. BROWN]. et. They are demands that we conform Mr. Chairman, I yield 21⁄2 minutes to (Mr. BROWN of California asked and our thinking to the misguided views of the distinguished gentleman from the was given permission to revise and ex- a few. These are also the demands that State of Arizona [Mr. KOLBE]. tend his remarks.) will be made to the Appropriations (Mr. KOLBE asked and was given per- Mr. BROWN of California. Mr. Chair- committees in the coming months. mission to revise and extend his re- man, I rise in opposition to the budget In general, the goals of this budget resolu- marks.) resolution before us and I would like to tion are to cut back and eliminate wherever Mr. KOLBE. Mr. Chairman, at the comment on the treatment of research possible applied research in the Federal Gov- outset of this debate, the gentleman and development therein. ernment and to block any attempts to partner from New Jersey laid out the case very Last year, the Republican budget res- with the private sector. This bias towards ap- eloquently for this budget. A budget is olution initiated an all-out ideological plied research and towards technology part- not really about numbers. It is not and budgetary attack on our Nation’s nerships is particularly disturbing in view of the about whether we spend $1,500 billion R&D establishment. That resolution widely acknowledged need to link our invest- on the Federal Government or $1,600 proposed a reduction in civilian R&D ments in R&D more closely with the goals of billion. It is not even about whether we by over 30 percent in real terms by the economic development in the coming years. cut a program, whether we increase a year 2002. Moreover, the detailed but I would call the attention of my colleagues program, whether we add a program, or misguided assumptions imbedded in to a recent report by the Office of Technology whether we eliminate a program. the House version of the resolution re- Policy entitled Effective Partnering. This report H5112 CONGRESSIONAL RECORD — HOUSE May 15, 1996 reviews the efforts of successive Congresses budget is going to help them. It will class warfare. Our budget is based on and Presidents to increase the effectiveness give them some relief. It is going to hope, growth, and opportunity. The dif- of mission based R&D within the Government provide a better future for our two ference between these budgets is that to enhance technology-based economic granddaughters, Amanda and Savan- we trust the American people to take growth. Programs such as the Manufacturing nah, and for all the other families in care of themselves. Extension Program and the Advanced Tech- America. We truly want to take the Members heard the last speaker be- nology Program that are slated for extinction power out of Washington and send it moan all the different cuts. He would in this budget resolution represent our best back to the people, where it belongs. have us cut nothing. Indeed, he would hope for the generation of future jobs. More- Let us manage our own lives. have us grow spending more and more over, these programs are aimed at the emerg- Ms. SLAUGHTER. Mr. Chairman, I and more, and debt more and more and ing small, high-tech industries that will form yield 2 minutes to the gentleman from more. These two children are the the backbone for our future economic competi- Massachusetts [Mr. OLVER]. grandchildren of one of my colleagues. tiveness. Mr. OLVER. Mr. Chairman, I thank They face a debt in their lifetime of Mr. Chairman, this budget resolution is anti- the gentlewoman for yielding time to $188,000, each of them. Look at their science, anti-jobs, and anti-education. It will do me. faces. Their answer is more debt and irreparable damage to our investments and Mr. Chairman, the Republicans have more spending. our commitments to research and develop- insisted once again on enormous What has that spending gotten us? ment in the future. By drastically cutting clean unrequested increases in defense spend- Let us take one issue, the education coal and other fossil energy R&D it may stifle ing in their budget. To do it, they are issue. They would tell us, the President economic progress in important regions of our taking billions of dollars from discre- would tell us, that we are gutting edu- country. tionary accounts, thereby killing in- cation and that we are stealing from I will close by stressing that these attacks vestments that are critical in a whole education funds in America. They have nothing to do with balancing the budget. series of areas. Let me mention just would tell us we should spend more and In addition to the President's plan, there are three of those countless areas. more and more. many alternatives to balancing the budget that First, the Republican budget wipes Let me say about spending: It is not better preserve R&D. For example, I plan to out energy conservation and efficiency true that Washington knows best, and vote for the conservative coalition budget research, and stops the further develop- more spending does not necessarily which restores funds for investments not only ment of solar and renewable energy make better education. Since 1980, the in basic science, but also in NASA and in en- sources, all of which are going to be budget for the Department of Edu- ergy and conservation programs. necessary if this country is going to cation has more than doubled. It has I urge a ``no'' vote on this budget resolution. achieve energy independence from for- grown at a pace of more than 7 percent. Mr. KASICH. Mr. Chairman, I yield 2 eign sources, and all of which would be That is twice the growth of the econ- minutes to the distinguished gentle- part of creating new jobs for American omy. The United States today spends woman from the State of North Caro- workers trying to compete in an inter- more per primary and secondary pupil lina [Mrs. MYRICK]. national market. than any country in the world. Mrs. MYRICK. Mr. Chairman, this Second, this budget phases out our What have we gotten for it? What has debate today is about one thing and commitment to public transportation, that side that wants to take you back that is trust. As my colleagues know, which is critical to take people to their to more spending done for you? What we trust the folks back home to man- jobs, to their doctors, to recreation, all that has gotten, what their excessive age their own lives better than the bu- of which are investments in the con- spending has gotten us, is 187 different reaucrats in Washington, DC. Our struction, in the operation, of the studies that show there is no signifi- budget resolution demonstrates that buses that move people in urban areas, cant correlation between education trust. For the last several decades Con- large and small, large communities and spending and performance. gress has said, ‘‘Hey, folks, you know, small communities, all over this coun- What has their spending done? SAT you don’t know what you are doing; try. scores have dropped nearly 60 points in the Federal Government needs to tell No. 3, it turns its back on young peo- the last three decades. Math and you how to do it, how to take care of ple and the investment in those young science scores for students in America your life.’’ people seeking an education by elimi- ranked behind China, Korea, Taiwan, Mr. Chairman, I know from firsthand nating direct student loans and na- the former U.S.S.R., England, and Slo- experience as a mayor of a city that tional service scholarships. Such extre- venia. What has failed is their central- the people back home do know how to mism, Mr. Chairman, is not necessary ized big government solution. take care of themselves. As my col- to balance the budget. We can do a bet- If America is to move forward, we leagues know, our city did not sit ter job, and we should go back to the must trust the American people. We around and wait for Congress to tell us drawing board and get it right. cannot burden them with more debt. I how to do it. We just got in there and Mr. KASICH. Mr. Chairman, I yield 3 urge my colleagues to reject the past, did it. We believed that there is a bet- minutes to the distinguished gen- to reject excessive spending, and to ter way. tleman from the State of Arizona [Mr. join us in passing a budget which pro- SHADEGG]. tects their future and does not burden b 1715 (Mr. SHADEGG asked and was given them with an immoral debt. We say that the American people permission to revise and extend his re- Mr. HOYER. Mr. Chairman, will the have the answers. This country was marks.) gentleman yield? built on self-sufficiency and free enter- Mr. SHADEGG. Mr. Chairman, one of Mr. SHADEGG. I yield to the gen- prise, with families making their own my colleagues came to the floor a few tleman from Maryland. decisions. All over this country folks minutes ago and said that this debate Mr. HOYER. Mr. Chairman, I under- are finding the answers. They are over- is not about numbers, it is about phi- stand what the gentleman is saying. coming adversity. They are solving losophy. It is about vision. It is about The figure that the gentleman is refer- problems. They are helping one an- where America is going, about whether ring to, it so happens that the Presi- other. This budget supports that effort. America is going forward or going dent of the United States was Repub- Families need our help. Do Members backward. lican, in his party, for that period of know that it costs the average family We need, America needs, a budget time. $6,731 a year just for Government regu- that saves our children’s future, but Mr. SHADEGG. The statistics I have lations? They need tax relief as well as that is not the budget that the Demo- cited are accurate. control of their lives. Families are crats will offer. The budget the Demo- Ms. SLAUGHTER. Mr. Chairman, I hurting. Our own son and daughter-in- crats will offer is a budget based on yield 2 minutes to the gentleman from law, our daughter-in-law had a terrible fear and class warfare. I hope my col- West Virginia [Mr. WISE]. auto accident. She is unable to work. leagues in America are listening to and Mr. WISE. Speaking of education, Their earning ability has been severely watching this debate. Their budget is Mr. Chairman, I find it interesting to limited. They know firsthand how this based on fear, is representation, and talk about this great Federal monolith, May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5113 since 94 cents of every dollar in public Last week on this floor I spoke of the Let me give just one example of what education is at the State and local children growing up in public housing this budget resolution assumes and level. in Chicago’s State Street corridor. In how it affects Austin, TX. Today, Aus- Let us talk about the Department of that neighborhood unemployment is al- tin, TX, got 10 more law enforcement Commerce. If you were a business per- most universal. More young women be- officers. They are young people, just son, Mr. Speaker, and I came and said come teenage parents than graduate like these who graduated from our law to you that I have a great idea, and you from high school. Guns outnumber enforcement academy last year. It asked what is that, and I said we have books. Children murder children. It is a brings to our community a total of this agency, the Department of Com- community filled with despair. over 100 law enforcement officers, over merce, that because it developed for Mr. Chairman, the budget we offer 5 million Federal dollars to support the first time ever a national export today is one filled with hope, hope for local community policing efforts. strategy, and because it has had an ag- a brighter future for all Americans, in- This budget proposes to give billions gressive Commerce Secretary, Ron cluding the children of State Street of dollars to star wars. It forgets we Brown, and now Mickey Kantor; has and all of our inner cities. The Repub- have real wars in our streets. Our com- generated 80 billion dollars’ worth of lican budget keeps us on the path we munity is safer because of the commit- contracts over the last 3 years; and be- started last year toward opportunity ment that this Congress made to 100,000 cause this department was so effective and economic growth. The 1997 budget new police officers across this coun- that it took $1.5 billion, half of it pri- endorses the landmark housing bill try—8,000 communities have benefited vate money, and generated 220 public- that passed the House last week, and is from that program. Yet this resolution private partnerships to promote civil- designed to give the people at the local assumes the termination of the cops on ian technology, and because we have level the power to deal with the prob- the street program, and some block- this Department of Commerce that has lems in their communities without headed block grant program that will increased exports 26 percent over the being strapped by Federal regulations not guarantee the safety of our neigh- past 3 years, and because we have this and bureaucracy. We want to continue borhoods and which can easily be Department of Commerce that has in- to shift responsibility, power, and trimmed. creased tourism and provided the first money and influence out of Washington Let us stand up for safe communities White House conference ever on this and back to neighborhoods, commu- and reject this Republican budget. Mr. KASICH. Mr. Chairman, I yield growing industry for much of America, nities, and people. House Republicans are doing what we myself 30 seconds. and you might be saying, yes, yes, Mr. Chairman, we have a very unique said we would do: balancing the budget, what are you going to do with this way in which we would put police on freeing people from the trap of welfare, agency, their answer would be, we are the street. Rather than putting police and providing genuine tax relief for going to eliminate it? on the street in some cities that do not Because that is what this budget working Americans. Who could be experience high violent crime rates, we does. It eliminates the Department of against a higher standard of living for have decided to let local people decide Commerce, breaks up some functions our children and our grandchildren? that police are going to be put on the and ships them off into lower cat- That is exactly what this debate about streets where there is the most violent egories in other agencies, sets up a the 1997 budget is all about. crime. whole lot of new boxes, but eliminates There are two clear paths before us. the one means by which business has We can return to the path we left last b 1730 been getting increasingly a place at the year and deliver a future of So where there is the greatest need is table. unsustainable spending and increase, where we want the people to be. We Take the Economic Development Ad- crushing debt, huge increases in taxes think that makes a lot more sense ministration, for instance. Every Mem- that dash hopes and dreams, and that than distributing police on a per capita ber has had an EDA project in their in the end promise fewer opportunities basis. Send them where they are need- district which has helped generate and not a good quality of life for the ed, that is our motto. many dollars over what went into it. smallest among us who are still too Mr. Chairman, I yield 2 minutes to For Swearinger Industries, for in- young to vote. Or we can stay on the the very distinguished gentleman from stance, in Martinsburg, WV, $2 million brighter path that we started last year. the sunny State of Florida [Mr. of EDA investment helped trigger $130 It will require courage, but it is filled STEARNS]. million in private sector investment, with the hopes and aspirations that Mr. STEARNS. Mr. Chairman, I rise 800 new good-paying jobs, and a signifi- every parent has for their children. in strong support of the budget resolu- cant civilian increase and a technology The Republican budget for 1997 tion. This budget says to the American industry boost. makes possible a future filled with people, ‘‘We think you are taxed too Eliminating the Department of Com- hopes and dreams and opportunity. I much.’’ Since 1981, under Democrat merce? those who speak of their chil- urge its passage. control, we have had 19 separate tax in- dren, I understand the concern about Ms. SLAUGHTER. Mr. Chairman, I creases. We think the economy is grow- debt, but how about the future? How yield 11⁄2 minutes to the gentleman ing much too slowly. We know that about opportunity, how about jobs? from Texas [Mr. DOGGETT]. slow growth coupled with enormous How about somebody that is fighting Mr. DOGGETT. Mr. Chairman, I tax rates will leave our children with a for them to make sure they get their thank the gentlewoman for yielding lifetime tax rate of 80 percent just to piece of the pie as well? That is where time to me. pay interest on the debt. this budget is wrong, and that is why Mr. Chairman, last year our Repub- Why is a balanced budget so impor- the Department of Commerce should lican colleagues, self-described Ging- tant? Americans will have more take- stay. rich revolutionaries, caught Govern- home pay because our budget includes Mr. KASICH. Mr. Chairman, I yield 2 ment shutdown fever and brought this a $500-per-child tax credit and a reduc- minutes to the distinguished gen- Nation to a halt, until the country tion in the capital gains tax which tleman from New York [Mr. LAZIO]. spoke up and rejected their budget. would stimulate economic growth. We Mr. LAZIO of New York. Mr. Chair- Now they are back again with the same also have true welfare reform, which is man, I want to begin by complimenting type of zealotry that they had in 1995. the No. 1 priority of most Americans. the great chairman of the Committee I think the Four Tops wrote their On the present course our children on the Budget, the gentleman from theme song long before they got to and their children will be left with im- Ohio, JOHN KASICH, for his leadership Congress when they wrote ‘‘It’s the mense debts and a tax bill of $180,000 a and dedication in moving this forward. same old song, just a different verse, year just to pay the interest on the The debate today is really about the since you have been gone,’’ because debt. That is why we cannot buckle in future of our children. It is America’s they have not given up their revolu- the face of adversity. We must stick to children. We must be concerned not tionary zeal to change their country in our principles. only for our own children, but all a way the country does not want to be The President’s plan has given the America’s children. changed. American people a tax increase of $241 H5114 CONGRESSIONAL RECORD — HOUSE May 15, 1996 billion and a deficit that will increase come by reducing the massive tax bur- The Congressional Budget Office in dramatically after the year 1997. In den we have placed on our people. The describing that particular provision of other words, slow growth, high taxes, average person in my State of Michi- the act stated, ‘‘Both procedures in the and weak economic growth will con- gan now works 86 days a year just to House and Senate require CBO’s certifi- tinue unless we stick to our principles. pay their share of taxes at the local, cation that enacting the proposed rec- Our country needs to go in a new di- State, and national level. Since Presi- onciliation legislation would lead up to rection. We must cut taxes and cut dent Clinton had his huge tax increase a balanced budget in 2002 before the spending. Currently future generations of 1993, my Michigan workers now have Senate or the House can consider pro- will have to deal with this soaring debt to work 7 additional days just to earn posals to cut taxes.’’ and these high taxes. Let us pass this all of that money that goes in addi- Both Senate Majority Leader DOLE budget. tional taxes. The Heritage Foundation and chairman of the Senate Committee Ms. SLAUGHTER. Mr. Chairman, I estimates that the 1993 Clinton tax in- on the Budget DOMENICI are on record yield 11⁄2 minutes to the gentlewoman crease has cost Americans 1.2 million with regard to this provision, Senator from California [Ms. ROYBAL-ALLARD]. jobs, private sector jobs, and $208 bil- DOLE saying the tax cuts, quote, ‘‘do Ms. ROYBAL-ALLARD. Mr. Chair- lion in economic output. not take effect unless and until the man, the Republican budget is short- This budget calls for studies, Mr. nonpartisan CBO certifies that we are sighted in its policy assumptions on Chairman, to say to States maybe it is absolutely on the path to a budget that transportation spendings. going to be better if they keep the Fed- is balanced in the year 2002.’’ That is By singling out mass transit for exec- eral tax money, rather than detour it the safety valve. They do not take ef- utive cuts in transportation programs, through Washington to have Washing- fect until certified. Chairman DOMENICI the Republicans retreat from the ton politically decide how that money said, ‘‘But let me suggest that in the ISTEA agreement of 91 [ISTEA]. is going to be distributed, and what final analysis we will have tax cuts for Although transit represents approxi- they do send back? They send back the American people only when we get mately 10 percent of the 1996 transpor- massive regulations and restrictions. a balanced budget.’’ tation budget, it receives nearly 50 per- Andrew Jackson realized that trans- These particular provisions and pro- cent of the cuts in outlays. And while portation is primarily a State issue. tections in last year’s budget reconcili- maintaining the Federal match on This budget gives seniors a choice in ation act are not in this year’s budget. highway projects at 80 percent, the ma- their medical coverage. This budget re- As the gentleman knows, we attempted jority jeopardizes mass transit by low- duces the deficit every year and finally in the committee to amend the budget ering the Federal match to 50 percent. balances. to put these provisions back in, these Under these revised incentives, local Mr. ORTON. Mr. Chairman, I yield 4 safeguards, and the committee refused planners will inevitably choose high- minutes to the gentleman from Texas to do so. way projects at the expense of much [Mr. STENHOLM]. ANNOUNCEMENT BY THE CHAIRMAN needed mass transit. Mr. STENHOLM. Mr. Chairman, I The CHAIRMAN. The Chair must Also, the phasing out of operating as- thank the gentleman for yielding time. caution all Members not to make per- sistance will lead to fare increases, A moment ago I spoke about agri- sonal references to Members of the service cuts, and layoffs. This proposal culture and rural health and was chal- other body. would disconnect thousands of low-in- lenged by the chairman of the commit- Mr. ORTON. Mr. Chairman, these come workers from their jobs, isolate tee, whom I deeply respect, and I would were merely quotes. Mr. STENHOLM. Mr. Chairman, let many elderly from their daily business just say that we will continue that dis- me just ask the gentleman another and from health care. cussion any time, any place, regarding question. I have heard referenced today In addition, the budget terminates the facts of agriculture. But now I wish that in the tax cut proposal by my funding for new start programs which to speak to the debt and the deficit. friends on the other side, that they are provide commuting alternatives to I have seen the charts, I have seen making provision for a $500-per-child some of our fastest growing cities. the kids, and I have seen the accusa- tax credit. Is it possible, for $122 bil- Rail expansion in areas such as St. tions about this side of the aisle. But lion, to get a $500 tax credit? Louis, Los Angeles, Portland, New Jer- the budget that I support with the gen- Mr. ORTON. If the gentleman will sey, and the Sunbelt States will be di- tleman from Utah [Mr. ORTON] and oth- yield further, not according to the rectly threatened by elimination of ers on this side, we propose to borrow Joint Committee on Taxation. They new starts funding. $137 billion less so that those same have scored that over the 6 years as The majority’s budget is shortsighted children do not have to pay interest on costing $135 billion. If in fact you only and wrong in its effort to pull Federal that debt. I do not understand why it have a $122 billion tax cut provided for support from transit planning and pro- makes good sense to borrow $137 billion in the budget, as they do, you are $13 grams until the transit needs of urban to give a tax cut. That is all we are billion short. America are fully met. saying. Let us confine ourselves to the Mr. STENHOLM. What would happen I urge a ‘‘no’’ vote. spending cuts. to the deficit numbers in the Repub- Mr. KASICH. Mr. Chairman, I yield 2 I want to ask the gentleman from lican budget if it included a tax cut minutes to the very distinguished gen- Utah a question. Last year the budget large enough to pay for the child tax tleman from Michigan [Mr. SMITH]. resolution contained a provision pre- credit in every year? Mr. SMITH of Michigan. Mr. Chair- venting Congress from considering a Mr. ORTON. They would be $13 bil- man, who do we want to please with tax cut until CBO certified that we had lion additional in the hole. this budget? I think we want to please found the spending cuts to balance the Mr. STENHOLM. The resolution that the American people. The Republican budget first. Is that language in the is before us contains a net tax cut of Budget Committee for the first time in resolution that the Committee on the $122 billion. At the same time informa- many, many years held hearings across Budget reported last week? tion put out by the majority indicates the United States the last couple of Mr. ORTON. Mr. Chairman, will the they can pay for a permanent repeal of years to ask the people what kind of a gentleman yield? the gas tax, a cut in the capital gains, budget they wanted. Mr. STENHOLM. I yield to the gen- which I happen to support, estate tax They said they would like a budget tleman from Utah. relief, small business expensing, AMT that allows them to keep more of their Mr. ORTON. No. In fact, Mr. Chair- relief, expansion of IRA’s and extension hard-earned income in their pockets man, the language that the gentleman of expiring tax credits. By my math, rather than paying it out in taxes. from Texas [Mr. STENHOLM] is referring that is more than $122 billion. They said America needs a budget that to was section 210 of last year’s con- Mr. ORTON. In fact that adds up to a shifts power, money, and influence out ference report on the budget resolu- total according, to the Joint Economic of Washington and back to the people tion, which in fact was entitled Tax Committee, of $216.1 billion in cuts. If and the States and their communities. Reduction Contingent on Balanced in fact you only have $122 billion pro- This budget is based on these prin- Budget in the House of Representa- vided for in tax cuts, you are $94 billion ciples. It takes less of each person’s in- tives. short. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5115 Mr. KASICH. Mr. Chairman, I yield ernment, if we can cut it slightly, get ‘‘The $122 billion allotted in the budget myself 2 minutes. it from 22 percent of the economy to for a tax cut is a net figure, and House I think what is important for people even around 19 percent of the economy, leaders have said they will eventually to understand is that we laid out a pro- we will create a growth rate in this cut an additional $60 billion or so in gram that said that we would downsize country that is double the current taxes on investors, businesses, and in- Washington and we would take the sav- growth rate. We are going to create dividuals.’’ That raises the tax cut to ings from downsizing Washington to jobs, better jobs at higher wages, so $180 billion. ‘‘The added tax breaks,’’ I pay for part of our tax relief program, not only do we get the size of govern- continue reading, ‘‘were not plugged which is the family tax credit. We also ment down, not only do we shrink the into the budget that was made public have said that we intend to close loop- overall deficit, not only do we get to on Wednesday, in part because there is holes that large corporations’ lobbyists balance over a period of 6 years but we yet no clear way to pay for them and in have been able to secure during my are going to create jobs, we are going part no doubt because the lower figure lifetime, and we have suggested that to create growth in the economy. This is a less attractive target for Demo- we would close those loopholes and is a win all the way around. crats accusing Republicans of giving give some of the money that the big I would like to report to the Amer- tax breaks to the rich.’’ corporations with lobbyists in Wash- ican people, if they do not know, we So last year it was $270 billion in ington, take some of their breaks away have hit our first-year balanced budget Medicare cuts to pay for $245 billion in and create additional tax relief for targets. We wanted to get the deficit tax cuts, mostly for the wealthy. Now hardworking ordinary Americans. down to $158 billion. Instead it is you are $168 billion in Medicare, and In our proposal, we are going to around $150 billion. We are below the what are you, $180 billion in tax cuts, downsize government and at the same target that we wanted to hit this year. $190, $200? You shake your head, Mr. time we are going to close these loop- And we are now on 6 years to balance SHAYS. I said at that budget meeting it holes that were passed by the old the buget, and we are doing it fairly was $122 billion, plus an amount you Democratic majority. We decided that and compassionately and predictably are going to give to the Committee on all those loopholes that my Democratic so this economy can grow, so the Ways and Means. You say it is going to friends have complained about for 40 American people can do better and so be raised by closing loopholes? What years, finally some of them are going that we can restore the American loophole did you close last time? Forty to be closed by Republicans, because dream. That is what this is all about. billion dollars in pension assets belong- we do not think lobbyists ought to win ing to workers, giving it back to cor- b 1745 in this town. porations? To raise $10 billion? You What I have a hard time understand- Mr. ORTON. Mr. Chairman, I yield call that a loophole? You were out of ing is the great concern on the part of myself 10 seconds simply to respond to touch last year, you are out of touch my Democratic colleagues about giving the chairman. There is not great dis- this year. tax relief to Americans. We did not agreement between us. What we have Mr. SHAYS. Mr. Chairman, I yield support raising taxes in 1993, and I said is we ought to pay for the tax cuts myself 30 seconds to correct the gen- would assume some of them who are first, before going deeper into the hole. tleman on a number of points. First off, the earned income tax cred- complaining about our tax cuts did not Mr. Chairman, I yield 3 minutes to it under the Republicans last year went support it then, either. We intend to the gentleman from Michigan [Mr. from $19 to $25 billion. The school systematically repeal as much of that LEVIN]. lunch went from $5 to $6.8 billion. The tax increase so Americans can have (Mr. LEVIN asked and was given per- Student Loan Program went from $24 more of their money in their pockets, mission to revise and extend his re- to $36 billion. Medicaid went from $89 rather than systematically taking it marks.) to $127 billion. Medicare went from $178 out of their pockets to put it into the Mr. LEVIN. Mr. Chairman, let me sum up the Republican majority budg- to $289 billion. pockets of bureaucrats. We do not Only in this city when you spend so favor that. We want Americans to keep et. They have softened some of the ter- rible numbers, but many of the ter- much more do people call it a cut. more of what they earn. Mr. Chairman, I yield 4 minutes to rible, harsh policies remain. We as a majority in this Congress, the gentleman from Iowa [Mr. NUSSLE]. joined by many on the other side of the For example, Medicare. Balanced Mr. NUSSLE. Mr. Chairman, I thank aisle, are going to systematically re- billing, seniors will pay more under the gentleman for yielding me time. duce the power, the money and the in- their provision. And also hospitals in Mr. Chairman, my friend from Michi- fluence of this city so that the Amer- southeast Michigan, the proposal of gan said that this is about numbers. ican people can have more, more last year would have cut them $2.3 bil- This is not about numbers, this is empowerment, more wealth and more lion. No one thought that was sustain- about people and families. We can do of their own paycheck. able. This would probably be even better. Our plan helps, because we Mr. Chairman, I yield 2 minutes to worse. allow people to earn more. We allow the gentleman from Kansas [Mr. Medicaid, block granting it. Seniors families to earn more, and we allow BROWNBACK]. as a result will get less long-term care. them to keep more so they can do (Mr. BROWNBACK asked and was EITC, look, there is one clear conclu- more. given permission to revise and extend sion under their proposal: When you Let me tell you about a person. We his remarks.) combine EITC as they have drafted it are going to talk about people. I had a Mr. BROWNBACK. Mr. Chairman, with their child tax credit, 3 million woman come to one of my town meet- just to follow up on those excellent hard-working families with kids are ings who I think put our budget in per- comments by the chairman of the Com- going to be worse off. spective, all these speeches we hear. mittee on the Budget, what we all can Let me say a word about taxes in She had a simple message for me. She agree to that is truly excessive here in general, and your $122.4 billion. I have said, ‘‘You guys out in Washington Washington is the size of the Federal heard a lot of rhetoric on this floor don’t get it. The problem with America debt and the size of the Government. about the 1993 tax increases. You do today is air-conditioning.’’ We have got over $5 trillion in debt and not touch a single one of them, not a I said, ‘‘What are you talking a government that takes up 22 percent single one that you complain about, ex- about?’’ of the overall economy of the country. cept the gas tax, and that you repeal She said, ‘‘The problem is air-condi- We just think the debt is too big, it has for 7 months as an election year ploy. tioning.’’ She was 90 years old. She got to be smaller for our kids, and we Why do you not in addition to your said, ‘‘When I was a little girl, we used think the Government is too big and it rhetoric do something? And then sec- to sit out on our front porch to keep needs to be smaller so that we can ond, the $122.4 billion is not really cool during the summertime.’’ carry it. that. As the gentleman from Utah [Mr. In the neighborhood that she lived in, To put a little meat on the bones fac- ORTON] has said, it is $60, $70, $80 bil- neighbors would watch neighbors. She tually, the Joint Economic Committee lion. The New York Times caught on to said they would take care of one an- says that if we can cut the size of gov- you in the article of May 12. It says, other. Her neighbors were worse to the H5116 CONGRESSIONAL RECORD — HOUSE May 15, 1996 kids in the neighborhood than their filled with bureaucrats, or do you want Mr. BASS. Mr. Chairman, I thank the own parents. They were stricter, and that money on the front porches of gentleman for yielding me time. would take care of one another. In America, the great front porches, that Mr. Chairman, the gentleman from Iowa, a covered dish solves about ev- for years in this country solved our Texas talks about tax cuts for the priv- erything for a neighbor. problems and in the future will con- ileged. Of course, that is not true, and Obviously that is not what we are tinue to solve our problems if we will it is part of the rhetoric we have been suggesting here. She was suggesting just let them. hearing in this body now for a year and with the invention of air-conditioning, Families need to earn more, they a half. It is totally unsubstantiated. people began to move inside. They need to be able to keep more, and, with You know, we are interested in the began to move away from their neigh- that, they will be able to do more. And privileged, because we consider all bors, to move away from their neigh- when it comes right down to it, it is a Americans in this country to be privi- borhood. matter of who you trust. We know who leged. We are proposing a budget this For 40 years in Washington, we have Republicans trust. We trust individuals year that continues along the path of been asking them to move even further and families, because they make better balance, to relieve Americans from the away from their front porches of Amer- decisions. In Washington, unfortu- tax burden that is going up and up and ica. We have been asking them to move nately, the opposition says bureauc- up year after year. And in 1995, we to Washington to solve problems, in- racy makes better decisions. passed the first balanced budget in gen- stead of the neighborhood, the family, Mr. ORTON. Mr. Chairman, I yield erations. Unfortunately, it was vetoed the community. And we have taken 11⁄2 minutes to the gentlemen from by the President. We continued to from them so they cannot earn more Texas [Mr. DOGGETT.] work to save taxpayers money, and we and so they eventually cannot do more. Mr. DOGGETT. Mr. Chairman, I ended up with a budget that cuts over Let me give you an example of this. thank the gentleman for yielding me a 2-year period $43 billion. That is $668 I have a town in my district hit by a time. for every American family. Those are twister. That is the popular movie Mr. Chairman, this budget has no our privileged Americans, all American right now. We got hit by a twister true balance. It is rather only a retread taxpayers. about 5 years ago, a town by the name of the same old Gingrich budget resolu- There are a bunch of Chicken Littles of Worthington, IA. This town was dev- tion that America rejected last year. walking around over here saying the astated. It destroyed just about the en- And the understanding that the Amer- sky is going to fall, that we have got tire town. ican people have of this budget is prov- this problem and that problem. The Most people who have been watching en correct again today. You will re- fact is that we have passed two budgets the movie I am sure would think after member, this is a budget whose main now and changed the debate in Wash- the kind of devastation you see in a theme was how much it could cut Med- ington, hopefully forever. The debate town like that, that maybe people icare in order to pay for tax breaks for now is when we will balance the budg- would just leave. It is a town of about the privileged. et, not whether. 800 people. Well, today’s resolution proposes to Mr. Chairman, here is what we do This town decided they would pull to- cut Medicare $100 billion less than last now. We end once and for all three dec- gether. With volunteer money, because year’s resolution, and guess what? Just ades of reckless spending. We stop forc- they knew they could not raise taxes by coincidence, the tax breaks are $100 ing yours and my children to continue like the Democrats did in 1993, this billion less than last year’s resolution, to pay the bills. As our Federal Reserve town decided with volunteer help, vol- or more or less in that range. Board chairman says, if we continue on unteer contribution, they built a city It demonstrates that the American our course, we are going to raise, and hall, a fire department, a community people were correct in understanding substantially, the standard of living for center, and they even went together that there is a direct relationship by every American in this country. Those and put in a library. This is a commu- how much Medicare gets cut, how are the privileged people for us, work- nity that decided to help themselves. much health security gets jeopardized, ing Americans. And when asked how did the Federal and how many tax breaks there are for The difference between our budget Government help you, there is not a the privileged. and their budget is that we trust Amer- program in the world, there is not a But what does this resolution omit? icans. We trust Americans. We want to program the world, that would have It refuses to do a single thing about the send power, money and influence back helped them. Nothing at all. They billionaire expatriates who renounced to the States and localities. And long could not get any help from the Fed- their U.S. citizenship in order to avoid after the shrill rhetoric dies from this eral Government. But they decided to paying their fair share of taxes. That debate, the people who will really bene- pull together as a community, and, would have gotten us over $2 billion in fit from this budget that we pass are with local help, they were able to get revenues. It refuses to cut a single cor- going to be my children and your chil- this job done. porate tax loophole. It imposes, you dren. They are the people that are I think that is the kind of attitude might say, a means test for welfare. going to be the winners in this debate. we need again in this country if we are But if you have got the means, every Mr. ORTON. Mr. Chairman, I yield 2 going to solve problems. $5.3 trillion one of your tax loopholes and your cor- minutes to the gentleman from Massa- since the 1960’s to solve the war on pov- porate subsidies is protected. That is chusetts [Mr. OLVER]. erty. What has it gotten us? Not less the thrust of this budget resolution, Mr. OLVER. Mr. Chairman, I thank poverty. It has gotten us more poverty. and it ought to be rejected. the gentleman for yielding me time. But what are the community action Mr. SHAYS. Mr. Chairman, I yield Mr. Chairman, the debate today truly agencies and groups doing in our com- myself 30 seconds, to once again cor- is about the future of all of our chil- munities, such as the Salvation Army, rect the gentleman for his inaccurate dren. This budget resolution is a repeat organizations that derive their comments. of many of the extreme proposals from strength and their spirit from individ- Medicare under our bill goes from last year. Just look at the 1980’s and ual initiative and opportunity and re- $196 billion to $283 billion. That is a 45- the deficits that gave us our current $5 sponsibility for others? percent increase in spending from this trillion debt. Fiscal year 1982 was the That is exactly the kind of spirit year to the sixth year. Under our Med- pivotal year; a huge tax cut, assur- that we need. It gets money out of icaid Program, it grows from $95 billion ances of future spending cuts, and our Washington. Our plan puts money back to $140 billion. Nation’s very first more than $100 bil- in communities and families, back to Only in this city, when you spend so lion deficit. the front porches of America. much more do people call it a cut. We From there the deficit exploded. It So when you look at this budget and are spending more because we need to was exceeding $200 billion 3 of the next you say to yourself, what is this really improve this program. 4 years. When you begin a budget bal- as a bottom line? It is a question do Mr. Chairman, I yield 21⁄4 minutes to ancing plan with a big tax cut, you in- you want it at a bureaucracy, a fancy the gentleman from New Hampshire vite failure. They deliberately created white building, downtown Washington, [Mr. BASS]. the illusion of the necessity of extreme May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5117 cuts from health care, from education, so that our workers can win and gain without compromising investment in America's from job training, from environmental and earn more into the next century. future and I urge every Member to support it. protection, from transportation, ex- Mr. ORTON. Mr. Chairman, I yield Then, in 2002, when our fiscal house is in treme cuts that Americans have said 11⁄2 minutes to the gentleman from order, this Congress can approve tax reduc- very clearly that they do not want. Maryland [Mr. HOYER]. tions for all Americans-including the middle b 1800 (Mr. HOYER asked and was given class and the poor who would be so dev- permission to revise and extend his re- astated by the Republican proposal before us. Or they have to do things like raising marks.) I urge a ``no'' vote on the Republican pro- $20 billion in taxes from low-wage Mr. HOYER. Mr. Chairman, this is posal and a ``yes'' vote on the coalition alter- working Americans whose only sin is about our children and it is about native. to earn less than $25,000 a year. trust. Unfortunately, we are not being Mr. ORTON. Mr. Chairman, I yield Their tax cut has nothing to do with as honest with the American public as 11⁄2 minutes to the gentleman from balancing the budget. What it does do we ought to be. Massachusetts [Mr. MEEHAN]. is leave us in the year 2002 with close In 1981 we talked about supply-side Mr. MEEHAN. Mr. Chairman, it is to $6 trillion of debt that we have no economics. We passed the Republican foolish and irresponsible to propose in- revenue to begin to pay back, and $240 program in 1981. I say to my Repub- creasing the deficit as part of a plan to billion a year in interest on that debt lican colleagues that we passed it as balance the budget, but that is exactly that is going to have to be paid year they wanted to pass it and President what the Republicans want to do. Their after year after year, without end, into Reagan signed it in August 1981. He much touted 6-year budget plan will the future of all of our children. said, after passing the tax bill as well, order the Congress to borrow $17 billion I urge my colleagues to reject this ‘‘We will balance the budget by October next year in order to pay for 1 year of budget, the committee’s product. It 1, 1983, under my program.’’ tax cuts, tax cuts that in the end will makes too many of the mistakes of a That is what was said to the Amer- cost $175 billion in just 6 years, even year ago. ican public and to this House. This is though the Republicans only have Mr. SHAYS. Mr. Chairman, would what happened. We went from $945 bil- enough to pay for $124 billion. you inform both sides how much time lion in total debt, I tell the chairman Are we not supposed to be cutting the is available, subtracting 30 minutes of the Committee on the Budget, to $4.5 deficit? Every year we fail to balance from each on the Committee on Eco- trillion in debt. Why? Because we pur- the budget we add to the growing na- nomic and Educational Opportunities. sued the same kind of economic pro- tional debt. The nearly $5 trillion debt How much time does this debate have? gram that is included in the Repub- sops up national savings, leaving in- The CHAIRMAN. Under the previous lican budget today. The same kind. It creasingly less money for private in- order of the House of May 14, 1995, the is a supply-side budget which created vestment, new equipment, technology, 3 more provided for general debate in- gargantuan debt for the grandchildren and worker training. Balancing the cludes 1 hour on the subject of eco- and children that we talk on this floor. budget involves some very difficult nomic goals and policy. So that is 30 Yes, it is about trust, and there is a choices. minutes of the time controlled by the responsible budget to be offered to this We just passed a defense authoriza- gentleman from Ohio [Mr. KASICH] and House, the coalition budget, which is a tion bill this year that added $13 billion 30 minutes of the time controlled origi- bipartisan budget that creates $137.5 to what the Pentagon asked for. Last nally by the gentlewoman from New billion less in debt. Why? Because it is year we added, that is right, we added York [Ms. SLAUGHTER], but now the honest with the American public, and $7 billion to what the Pentagon asked gentleman from Utah [Mr. ORTON] is says if we are going to buy education for. reserved. and environmental protection and We have tough choices to make. How Total time remaining is 393⁄4 minutes health care, we need to pay for it, not about the $200 billion we could save in for the gentleman from Ohio [Mr. KA- so our children pay for it. corporate welfare over a 6-year period SICH] and 481⁄2 minutes for the gen- Let us not pursue supply-side eco- if Republicans would forget about the tleman from Minnesota [Mr. SABO]. nomics once again to the detriment of special interests and really try to Mr. SHAYS. Mr. Chairman, I yield 1 future generations. make the tough decisions to balance minute to the gentleman from Ohio I rise to join my colleagues in expressing my this budget? The short-term con- [Mr. KASICH], chairman of the Commit- deep concern about the nearly $124 billion of sequences of expanding free trade pale tee on the Budget. tax breaks for the wealthy included in the Re- in comparison to the long-term effects Mr. KASICH. Mr. Chairman, I want publican leadership's budget proposal. of a growing national debt, lower to point out to the folks watching this I am a strong supporter of adding a bal- wages, a poorly trained work force and debate, our problem has been that we anced budget amendment to the Constitution lagging economic growth. have consistently transferred resources and believe that we must get our fiscal house The Republican plan foolishly sells from people who are young savers to in order before we cut revenue. tax cuts to the public in exchange for people across the spectrum who are The alternative budget proposed by mem- increasing the debt while drastically consumers. In our society we have de- bers of the Democratic coalition and the distin- reducing investments in technology, stroyed the concept of savings. guished ranking member of the Budget Com- economic development, education and When a nation does not save, a na- mittee is a responsible and genuine way to the environment, ironically the very tion cannot invest. When a nation can- balance our budget. resources we need to be competitive not invest, it cannot put the tools in By delaying tax breaks until 2002 when the worldwide and to reestablish high the hands of the workers to compete budget would be balanced, the plan allows growth rates that our next generation and win, and we end up with job insecu- continued investment in our future. needs to enjoy. rity and stagnant wages. Mr. Broder on The coalition plan provides $21 billion more Let us forget this plan and support Sunday talked about the need to boost for Medicare. the coalition’s budget alternative. This savings and investment and risk taking It includes $45 billion more than the Repub- involves tough decisions. The coalition and opportunities so that our people lican budget for education, head start, and job budget does that. can have the tools to win. That is what training. Mr. ORTON. Mr. Chairman, I yield our document does. It provides $14 billion more than the Repub- myself 1 minute. Part of it is about huge deficits that lican plan for basic scientific research, such as The real issue here that we are ask- kill the ability to save, but the other NASA and its mission to Planet Earth Pro- ing is that we be honest with the Amer- part of it is to transfer money from gram, as well as energy conservation. ican public. Section 210 in last year’s savers to consumers, and over time And I am especially pleased that the coali- conference report, titled ‘‘Tax Reduc- this country finds itself in a stagnated tion does not include the unwise and unfair tion Contingent on Balanced Budget in position. Our plan is designed to re- cuts in Federal employee benefits that are the House of Representatives,’’ at least ward savings, to reward investment, to again in the Republican plan. promised the people we would not cut reward risk-taking, so that this coun- There is a sensible, real, CBO-scored way taxes first and then abandon spending try can have higher productivity and to balance our budget in 7 years. It does so cuts and end up increasing the deficit. H5118 CONGRESSIONAL RECORD — HOUSE May 15, 1996 That is, if anything that we have ple that were negatively impacted in annual credit was set at $400. Five timesÐ learned from the decade of the 1980’s, the first budget resolution, well, here under each of the next four PresidentsÐthe that should be it. we are again impacting them nega- maximum credit was raised, and in 1986 the What is in this particular budget? We tively again. But another part of the schedule for the EITC was also indexed to do not know. It says a net $122 billion tax cut for the wealthy is paid for by keep pace with inflation. This year the maxi- tax cut. What is it? It does not even raising taxes on working Americans. mum annual credit for a family with two or pay for the one item that has been The theme of the entire Republican more children is $3,564. identified. What about the gas tax? If budget resolutions all the time has But on a party-line vote the Committee on we are going to repeal it more than been to help working Americans or to the Budget rejected my amendment to limit just 6 months until the day after the save for working Americans. Here we the changes in the EITC to those designed to election, that is going to cost an addi- come back and show in this budget res- reduce errors and fraud. According to the tional $30 billion. That is not paid for. olution that they are now raising taxes Congressional Budget Office, my amend- Even without the gas tax in it, the on working Americans who are at the mentÐwhich would fight fraud but still protect numbers are $64 billion off. Where are very bottom of the income scale. the working poorÐwould save about $2 billion we going to cut spending? Where are we The Republicans want to cut the over 7 years. The Republican majority was pri- going to raise other revenues to make earned income tax credit by $20 billion. marily interested not in reducing fraud, but in up that $64 billion? That is a giant hole Now, we all know that is a cash pay- balancing the budget on the backs of the poor. in this budget resolution which no one ment from the IRS to low-income I've asked the Rules Committee to make in has identified, no one has talked about. working families. The total Republican order my amendment to give Members the op- The public deserves to know what is in cuts in entitlement spending in this portunity to goon record in support of people it or what is out of it, and the public resolution came to $310 billion. The who tough it out every day, working in low- deserves to have a promise that we will Medicare cut, $158 billion, accounts for paying jobs, supporting themselves and their not increase the deficit. 51 percent of the total cuts in entitle- families. I doubt the Rules Committee will Mr. SHAYS. Mr. Chairman, I reserve ments. Almost all the other entitle- grant my request. the balance of my time. ment cuts, 47 percent, come from the Many Members of the majority are using the Mrs. MEEK of Florida. Mr. Chair- three programs that I and my col- existence of the current EITC to justify their man, the state of the budget for 19—— leagues are going to debate for the next opposition to an increase in the Federal mini- Mr. SHAYS. Point of order, Mr. 15 minutes, Medicaid, welfare, and the mum wage. For example, on April 23, the majority whip Chairman. EITC. made that argument to the House of Rep- The CHAIRMAN. Does the gentle- Mr. Chairman, I will talk briefly and resentatives. He relied on a Congressional woman yield herself such time as she focus on the EITC. At the markup, the Research Service [CRS] study he had re- might consume? majority said this year’s proposal on quested. For each State, CRS added govern- Mrs. MEEK of Florida. Mr. Chair- the EITC essentially is the same as last ment payments for the EITC, Food Stamps, man, I yield myself 3 minutes. year in the so-called Balanced Budget Aid to Families with Dependent Children The CHAIRMAN. Has the gentleman Act of 1995, and that bill was vetoed by [AFDC], and day care to the wages of a single from Utah transferred control of the Mr. Clinton. That is not quite true. person working full time at the minimum wage. time? We now know what this EITC proposal Mr. ORTON. Mr. Chairman, the gen- CRS found that a single parent with two small means for those responsible, hardworking children living in Florida and working full time tlewoman from Florida [Mrs. MEEK] Americans who have chosen work over wel- at the minimum wage would have annual will be controlling the remainder of fare. A few months ago the staff of the biparti- gross wages of $8,840 and would pay social the time until the 30 minutes, at which san Joint Committee on Taxation released an Security payroll taxes of $676. This parent's time the gentleman from Washington analysis of the impact on working Americans wages would be supplemented, according to [Mr. MCDERMOTT] will control the of the majority's EITC proposal as set forth in CRS, by an EITC payment of $3,536; food time. last year's conference report. The Joint Com- stamps worth $2,992; and an AFDC payment The CHAIRMAN. Without objection, mittee on Taxation found that 6.3 million fami- of $1,258. So this parent's total annual income the gentlewoman from Florida [Mrs. lies with annual incomes below $30,000 will after Federal taxes is $15,950. MEEK] is recognized for 3 minutes. face higher taxes because of the cutbacks in Living in Miami, a single parent with two There was no objection. the EITC. small children would find it hard to provide (Mrs. MEEK of Florida asked and was The Joint Committee on Taxation further food, shelter, full-time day care, and clothing given permission to revise and extend found that the Republican plan would have for $15,950 a year. Cut that EITC payment, her remarks.) raised taxes on many working Americans even and you hurt that family terribly. If the Repub- Mrs. MEEK of Florida. Mr. Chair- after taking account of the $500-per-child tax lican majority really wants people to choose man, last Thursday the Committee on credit in H.R. 2491. The report of the Joint work over welfare, they would support both an the Budget met and deliberated for Committee on Taxation concludes that 2.8 mil- increase in the minimum wage and the current quite some time, and as we deliberated lion families with children and with annual in- level of EITC. I made some assumptions about what I comes below $30,000 would be worse off During the Budget Committee debate on my saw going on there. It appeared that under last year's proposal even after taking amendment, the Republicans asked how I pro- the bottom line of that budget resolu- into account of the $500-per-child tax credit. posed paying for the $20 billion in EITC tion was that the Republicans had According to the Joint Committee, these 2.8 spending over 6 years that my amendment changed the budget to some extent but million families with children will be worse off would have protected. The answer to their there was still the same theme with by $29 a year even after taking into account question is contained in their own discussion some variations; the same theme of of the $500 child credit. on reducing corporate tax subsidies. In ex- being able to work very hard to be sure Some of you may think an average tax in- plaining how the Republicans would pay for that we would balance the budget in 7 crease of $29 is not very much. But that $29 their proposed cut in the tax on capital gains, years. is an average. That means some will face a the majority's draft report on the budget reso- That was done with their budget, but larger tax increase. Moreover, this tax in- lution ``assumes a reduction in provisions in as they did it, it appeared that the crease of $29 is more than the average Amer- the Tax Code that can be clearly identified as same people who were negatively af- ican family will save because of the proposed benefiting one industry or a limited number of fected in the first budget were still the repeal of the 4.3-cent-per-gallon gas tax. So corporations and derive no public benefits.'' same in this one. They assume tax cuts what you're giving with one hand, you're more The draft report goes on to say that the Com- of at least $176 billion, which include a than taking away with the other. mittee on Ways and Means has identified cut in the tax rate on capital gains. The current Republican attack on the EITC such changes in the Tax Code that ``raise ap- Part of these tax cuts is paid for by is somewhat surprising because the EITC has proximately $26 billion.'' cuts in the rate of growth of spending historically had bipartisan support as a way to It appears that the Republicans have clearly for such programs as Medicare, Medic- encourage people to choose work over wel- stated their preference: to use this $26 billion aid, and welfare. fare. to pay for tax cuts for wealthy Americans rath- It goes back to my original assump- The EITC was originally enacted under er than to avoid raising taxes on working tion, Mr. Chairman, that the same peo- President Ford in 1975, when the maximum Americans. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5119 There are almost 1 million hard-working Chairman, we will not be able to bridge food; and general assistance for your families in Florida who will be affected by the differences as great as those contained children. Republicans' proposal to cut the EITC by $20 in their Medicaid proposal. I urge the Just by ending the guarantee of Med- billion over 6 years; 46,000 of these families majority to change their Medicaid icaid alone, almost 4.9 million children are in my congressional district. plan, preserve the State-Federal part- may lose their health coverage. In conclusion, Mr. Chairman, under the cur- nership in meeting the health needs of And, by its cuts to the earned income rent Republican budget proposal, surely the impoverished kids and destitute elder- tax credit and failure to boost the min- rich will get richer, and the poor will pay for it. ly. imum wage, this budget tells working Mr. Chairman, I yield 3 minutes to Until changes are made in this re- parents that you might as well go on the gentleman from North Dakota [Mr. gard, however, I urge my colleagues to welfare because the majority doesn’t POMEROY]. reject these devastating reductions in think work should pay. Mr. POMEROY. Mr. Chairman, one of future Medicaid spending. Our kids and In fact, approximately 3 million the greatest errors made by the major- our seniors deserve better. working families will come out worse ity in their budget of last year were Mr. SHAYS. Mr. Chairman, I yield thanks to the majority’s cuts to the the devastating reductions they pro- myself 30 seconds to respond once earned income tax credit. posed in the future funding of the Med- again to the inaccuracies of my col- Mr. Chairman, this is not the way to icaid Program. Unfortunately, they league. be treating our working families, and have done it again. From 1991 to 1996, we spent $463 bil- it is certainly not the way to be treat- What is Medicaid? Medicaid is the lion on Medicaid. Under our proposal it ing our children. joint venture of the Federal Govern- increases. We will spend $731 billion, It’s time for the majority to stop re- ment and State governments to meet 463, 731. The President would spend cycling it’s misplaced priorities and the health care needs of children from only slightly more, 749. What is inter- it’s extreme policies. homes falling below the poverty line, esting is, our colleagues in the coali- It’s time for the majority to work of disabled individuals unable to work tion budget would spend 732, $1 billion with us to pass a balanced budget that and otherwise cover their health care more. They call ours a cut and they moves our Nation forward without expenses, and the long-term care costs call theirs an increase. leaving behind those who depend on us of destitute elderly citizens. There are Mrs. MEEK of Florida. Mr. Chair- most—our children, our families, and no more vulnerable people in this coun- man, I yield 15 seconds to the gen- our seniors. try than kids raised in poverty, dis- tleman from North Dakota [Mr. Mr. SHAYS. Mr. Chairman, I yield abled, and seniors who require long- POMEROY]. 21⁄2 minutes to the gentleman from Ari- term care but lack the funds to pay for Mr. POMEROY. Mr. Chairman, Medi- zona [Mr. KOLBE]. it. care is joint, State and Federal. If you (Mr. KOLBE asked and was given per- I am convinced much of the public re- look at the combined reductions in mission to revise and extend his re- action against last year’s GOP budget spending in the Medicaid Program, marks.) was because the American people their proposal is recklessly, dan- Mr. KOLBE. Mr. Chairman, twice would not walk away from these kids gerously different than either the now I have heard the gentlewoman and these seniors as they struggled to President or the coalition proposal. from California, the gentlewoman from meet their health care needs. Florida talk about cuts in the earned A central problem with the GOP Mrs. MEEK of Florida. Mr. Chair- 1 income tax credit. Let me point out to budget before us is that once again it man, I yield 1 ⁄2 minutes to the gentle- my colleagues what we are talking clobbers kids and destitute seniors woman from California [Ms. WOOLSEY]. (Ms. WOOLSEY asked and was given about here. with Medicaid reductions that will dra- permission to revise and extend her re- Here is what we have spent the last 5 matically reduce the quality of the marks.) years on the earned income tax credit, health care these Americans can ac- Ms. WOOLSEY. Mr. Chairman, here $109 billion. This is what we are talking cess. about spending the next 6 years, excuse Now, on the surface, the differences we go again. me, the last 6 years versus the next 6 in Federal spending between the pro- As the only Member of this body to years, $155 billion. It must be some posals may not look like much. The ad- have actually been a single, working very special accounting that is used ministration proposes a $54 billion re- mother on welfare, I rise, once again, here in Washington by some of my col- duction; the coalition $70 billion; the to make it clear that this budget is no leagues that calls an increase from 109 GOP budget $72 billion. The dirty little kinder or gentler to children and fami- to 155, $1 billion over the next 6 years, secret, however, behind the GOP pro- lies than the welfare reform plan ped- as some kind of a cut. posal is that it would allow State fund- dled by Speaker GINGRICH and the new What we are talking about changing, ing toward the Medicaid program to majority last year. That should come as no surprise to what we are talking about eliminating fall off dramatically. anyone because this budget is just a re- is the earned income tax credit for ille- b 1815 hash of the majority’s same old cruel gal aliens. We do not think they should The ultimate comparison is revealed policies and skewed budget priorities be eligible for the earned income tax on this chart and shows just how dev- that were rejected by the American credit. We are talking also about elimi- astating their hits would be. The ad- people last year. nating payments, ending payments to ministration combined hit of $105 bil- They were rejected, my friends, be- persons that have substantial sources lion, coalition $125 billion, but the GOP cause the American people want real of nontaxable or unearned income: for budget, $257 billion in future expendi- welfare reform—reform that helps fam- example, Social Security, tax exempt tures, nearly at the reckless levels of ilies get jobs and stay off welfare for interest, IRA distributions, child sup- their last year’s budget. good—reform that expands the earned port payments, those would be counted The difference between the proposals income tax credit; boosts the minimum as part of the income, not currently in- means this: Under the GOP plan, fewer wage and invests in education; job cluded there. kids in impoverished homes will be training; health care; child care and So, yes, for those people there would able to get health care. The services child support. be an elimination because they have currently available to disabled Ameri- However, this budget, like all of the other sources, in many cases govern- cans will be reduced and in some cases majority’s welfare reform plans that ment sources, of unearned income. We eliminated. And the long-term care for came before it, tells children in this are talking about ending payments to our seniors, people like our parents and country: if you’re poor, you had better childless workers. That was not ever our grandparents but they do not have not get sick, don’t get hungry, and the original intention of the legislation ability to pay for it themselves, will don’t get cold, because the majority to have people who are childless work- fall and it will fall in terms of acces- doesn’t think you’re important. ers. I would like to know the logic from sibility and in terms of quality of care. It says to families: Republicans in my colleagues on this side of the aisle If we are to negotiate toward a his- Congress don’t want to provide you as to why a couple that earned, individ- toric balanced budget agreement, Mr. with a guaranteed level of health care; ual who has two children, is trying to H5120 CONGRESSIONAL RECORD — HOUSE May 15, 1996 raise them, should work extra hard to We know the very richness and qual- because there is no child in the house- pay for taxes to provide an earned in- ity of our lives is not defined solely by hold? come tax credit for somebody who is government but, rather, by the oppor- We want to help all families that are childless and working part time. tunity to be involved with our commu- poor, that are entitled to this support. An individual who is working full nity, schools, neighbors and of course I cannot believe that the majority time at the minimum wage would qual- our places of worship. In my mind, would stand up and say that this is not ify for a total of $40 under the earned these ideas are not revolutionary. a tax increase on that poor family that income tax credit. In other words, basi- Rather, they are inherent in the very heretofore has had this benefit. cally a full-time person who is child- role of being a Congressperson, manag- Mr. KASICH. Mr. Chairman, I yield less working at the minimum wage ing the financial affairs of Government myself 1 minute and 30 seconds. does not qualify for it anyhow. So you responsibly and fairly. Can we imagine a family where the are talking about part-time people Yes, this Congress pushed the enve- income of two children at $30,000 who anyhow. lope of fiscal responsibility at the are being taxed to give benefits to a For the first 18 years of the earned President, and we pushed that envelope childless couple making $28,000, can we imagine the mother and father telling income tax credit, it was not available again. He could no longer ignore that. their children we cannot go to McDon- to childless workers. That was one of It was not always pretty but real ald’s tonight because we had to pay the things that was added much later. change never is. more taxes to give more benefits to a My colleagues also often mention The result has been saving the Amer- childless couple that is making $1,000 that this is one of Ronald Reagan’s fa- ican taxpayers $43 billion, the first less than we are. vorite programs. They ought to re- such reduction since World War II, a What does the family get who goes to member that when Ronald Reagan was cut in deficit without an increase in work every day and is struggling to President, he was talking about in 1986, taxes. Contrast this with the 1993 Clin- support their children? What do those the total cost of the earned income tax ton Democrat Congress budget of more people get? They do not want food credit was $2 billion. Today it is $25.3 spending, ballooning deficits, and the stamps. They do not want housing. billion, that is an 1165-percent increase biggest tax increase in American his- What they want is an opportunity. And in just 10 years. tory, $245 billion. what we aim to do is to give oppor- We are not talking about eliminating Yes, Mr. Chairman, we have come far tunity to those people trying to climb or cutting the earned income tax cred- in the last 2 years. I say to my col- out of welfare. it. We are talking about getting rid of leagues, now is not the time to suc- We are trying to give benefits to some of the abuses and trying to target cumb to the scare and fear rhetoric those people who desperately need it. those who need it the most and allow that we have heard from the other side. We are trying to help those people who working people who have families to I might add the party that for years cannot help themselves. But do my col- keep some of the money in their own stood for the party that said we have leagues know who else we are very con- pocket and not have to pay for child- nothing to fear but fear itself today of- cerned about? Low income working less couples who do not really need the fers us only fear and more fear. Americans who give more and more earned income tax credit. Now is not the time to retreat. Now and get less and less back. They are the Mrs. MEEK of Florida. Mr. Chair- is the time to go forward with courage forgotten Americans in this country. man, I yield myself 15 seconds to re- and to continue on the path of change Those Americans are struggling every spond to my colleague’s point of view. that we have adopted. I say we pass the day to support their children, and all I think what my colleague said did budget resolution. they ask for is an opportunity. not present the whole picture of the Mrs. MEEK of Florida. Mr. Chair- That is what this budget is all about, cut that they have made in the EITC, man, I yield 11⁄2 minutes to the gentle- rewarding those people who get up because according to a study by the bi- woman from Hawaii [Mrs. MINK]. every day and go to work, and all they partisan Joint Committee on Taxation, (Mrs. MINK of Hawaii asked and was ask for is a chance, and more of their the changes which the Republicans given permission to revise and extend money back in their paychecks for have recommended in their resolution her remarks.) them to spend on their children. That would increase taxes on 6.3 million Mrs. MINK of Hawaii. Mr. Chairman, is what is right. hard working families, that needs to be I would like to say that it was not too b 1830 long ago that we were saying, read my talked about, with an annual income Mrs. MEEK of Florida. Mr. Chair- lips, no tax increases. Our majority below $30,000 a year. man, I yield 30 more seconds to the Mr. KASICH. Mr. Chairman, I yield 2 party has been saying no tax increases, gentlewoman from Hawaii [Mrs. MINK]. minutes to the distinguished gen- we are going to have tax cuts because Mrs. MINK of Hawaii. Mr. Chairman, tleman from the State of New Jersey that is what this economy needs. Yet the distinguished gentleman from Ohio [Mr. MARTINI]. we know this budget resolution is [Mr. KASICH], I think, misses the point. (Mr. MARTINI asked and was given going to reduce EITC by $20 billion. We all want to benefit working fami- permission to revise and extend his re- What does that mean for those child- lies. It was never the intention to marks.) less families? That means a tax in- make a distinction about a childless Mr. MARTINI. Mr. Chairman, I rise crease. family. The formula currently includes today in support of the American peo- If they have under existing law been benefits for childless workers because ple and in support of the fiscal year enjoying an EITC from the Govern- clearly there are circumstances where 1997 budget resolution. Two years ago ment and suddenly this bill is passed, there are two individuals in a family, Americans were restless and concerned. reducing that EITC benefit to this fam- one perhaps disabled and unable to No longer was the status quo good ily because they are childless, that, my work, suffering some kind of disability enough. I shared that concern and that friends, is a tax increase to that fam- where only one sole individual in that is why I ran for Congress in 1994. ily. There will be millions of families family can go out and work, and that Now, 2 years later, our record shows so affected. family is as entitled to this benefit as that we have succeeded in changing the A family without a child in the any other family, and I do not believe status quo. We have taken action to household that they can consider a de- the law ought to be changed. And the make America fiscally sound once pendent may suddenly be strapped by $20 billion that our colleagues are tak- again. We have proven we can cut someone becoming very ill, a heart at- ing out of the program is to hurt that wasteful spending and protect our most tack or a stroke or someone has to go family. It is a tax increase. important priorities and do so with out and work and perhaps under this Mr. Chairman, I rise today to ask my col- caring and compassion while address- devastating minimum wage not be able leagues to take notice of a small, but impor- ing the need of working families. The to survive. And the Government is tant provision in this budget resolution. It ex- reason is obvious. The difference be- going to say, now that childless couple presses the sense of Congress that we should tween our budget and theirs is that we needing the support from this Govern- not enact or adopt any legislation that will in- trust the American people and they do ment just as poor as any other family crease the number of children who are hun- not. is not going to have the EITC benefit gry, homeless, poor, or medically uninsured, May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5121 and further stipulates that Congress must re- truly helps working families stay off welfare, The CHAIRMAN. The gentleman visit any legislation enacted to comply with this and what do the Republicans do? They cut it. from Pennsylvania [Mr. FOX] is recog- budget resolution which does cause an in- Instead of supporting policies that lift people nized for 21⁄4 minutes. crease in the number of children who are hun- out of poverty like the EITC and an increase (Mr. FOX of Pennsylvania asked and gry, homeless, poor, or medically uninsured. in the minimum wage, this budget relies on was given permission to revise and ex- I authored this amendment which was ac- the failed policies associated with the trickle tend his remarks.) cepted by the Budget Committee on a voice down economics. Worse, it destroys the safety Mr. FOX of Pennsylvania. Mr. Chair- vote. I must say that I was quite pleased when net under current law for our 5 million children man, our budget plan will help America the chairman of the Budget Committee accept- in welfare. To hurt these children is absolutely do better. We have passed the first bal- ed my amendment without hesitation. Accept- the wrong policy. anced budget in a generation. While ing this provision may have been easy, but I This budget resolution is seriously flawed. It the President vetoed our balanced would caution this House that complying with eliminates or severely cripples some of the budget, we have changed Washington it will be difficult given the budget proposal be- most important functions of the Federal Gov- forever. The debate is no longer about fore us today. ernment, that which assumes our children and whether we need a balanced budget, it As we have seen in the past, this budget the most vulnerable in this Nation are cared is about the best way to achieve one. seeks to sacrifice the most vulnerable in our for. The only hope we have is that provision We fought for one, the single largest Nation in exchange for a balanced budget by I added in the Budget Committee which re- reduction in spending since World War the arbitrarily chosen year of 2002. quires us to revisit this budget if it results in II, a savings to taxpayers of $43 billion. It is difficult for me to see how we are going more children becoming hungry, homeless, This budget will help seniors, working to prevent more children from becoming hun- poor, or medically uninsured. I ask my col- families, and children. We end nearly gry, homeless, poor, or medically uninsured leagues to reject this budget because it hurts decades of reckless deficit spending. We under this plan, which disproportionately tar- children, it hurts the poor, the elderly, and the stop forcing our children to pay our gets those programs dedicated to assisting the sick. bills. poor, most of whom are children. Medicaid will The gentleman from Arizona earlier said this As Federal Reserve Chairman Alan be cut by $72 billion over the next 6 years, budget is about priorities. Clearly, the major- Greenspan says, a balanced budget $53 billion will be taken away from welfare ity's priorities do not lie with our children, or would enable families to look forward programs and the EITC will be cut by $20 bil- their families. to their children doing better than This budget resolution calls for the end of lion. With the exception of Medicare, no other they did, to give States the freedom to Americorps, terminates Goals 2000 which is Federal program takes a larger hit in this develop welfare programs that promote local education reform, freezes Head Start, budget than these three programs which make personal responsibility and break the freezes WIC, cuts Job training by 25 percent up the basic social safety net for our Nation's cycle of welfare dependency. It restores below fiscal year 1996 levels, freezes funds children. the authority, Mr. Chairman, and re- for title I, freezes college student financial as- It is obvious that the intention of their budg- sponsibility for pubic education back sistance programs like Pell grants, Work study et is to dismantle those very programs that where it belongs, in the hands of par- cuts library funds by 20 percent, phases out work to keep children from being hungry, ents, principals, and local school legal services for the poor, phases out funds homeless, poor, and medically uninsured. boards, not with the growing Federal for the arts and humanities, and privatizes Most devastating is their decision again to bureaucracy. Corporation for Public Broadcasting, and cuts do away with the basic guarantee, the entitle- It allows decisionmakers in the bilingual education. ment, for children in this Nation to receive a Mrs. MEEK of Florida. Mr. Chair- States, not Washington bureaucrats, to minimum level of financial support and guar- man, I yield 1 minute to the gentleman design Medicaid programs that are tai- anteed health care, no matter where they live from Mississippi [Mr. THOMPSON]. He is lored to meet the special needs of the in this country, who their parents are, or the a new member of the Committee on the poor and elderly. most difficult circumstances they may live in. Budget. This budget helps families move Make no mistake, the adoption of this budget (Mr. THOMPSON asked and was ahead through a $500 per child family will end the Federal Government's commit- given permission to revise and extend tax credit, a special $5,000 adoption ment to a guaranteed safety net for our chil- his remarks.) credit, a rollback of the Clinton tax dren. Mr. THOMPSON. Mr. Chairman, I hike. American families will get to We already know that if welfare legislation rise today in opposition to the Repub- keep more of what they earned. similar to H.R. 4 is adopted as this budget res- lican budget due to the fact that it Our balanced budget will also lead to olution suggests that at least 1.2 million more cuts deeply into programs that help lower interest rates. That will lower children will be thrown into poverty. This is children, seniors, and working people. mortgage costs, car payments, student based on analysis of the Senate version of This budget will have a devastating ef- loans, and create hundreds of new jobs. H.R. 4 by the Department of Health and fect on my constituents in the Second Right now the Federal Government Human Services and the OMB. Congressional District of Mississippi. borrows so much available long-term Welfare reform as proposed in this docu- Cutting $72 billion in Medicaid will capital that anyone else looking to ment has nothing to do with giving families the decimate nursing home residents and borrow money is forced to pay higher tools to become self-sufficient and everything cause many seniors to be put on the rates. Once we stop deficit spending, to do with cutting the budget. If we were truly streets. This is a mean-spirited effort interest rates will drop, saving the av- interested in helping families on welfare we and is equivalent to Robin Hood in re- erage family $1,700, almost $1,800. would be retaining the entitlement, especially verse. This budget also attacks waste and for child care; increasing funding for education While the Republican majority re- inefficiency and puts an end to billions and job training, not decreasing it; and ex- fuses to raise the minimum wage, they of dollars in corporate subsidies and panding health care for the poor, not reducing insist on reducing the earned income special-interest tax breaks. It helps our it. tax credit. The only help available for veterans with $5.1 billion more than In addition to the elimination of the safety working-class Americans, the earned the administration’s funding for hos- net for children, this budget adds insult to in- income tax credit, goes to people who pitals and medical care. jury by making it more difficult for low-income work, not people relying on welfare. Mr. Chairman, this budget is fair, working parents to provide for their children This is very unfair and a slap in the compassionate, and it helps our con- without government assistance by cutting the face. Of the persons who receive earned stituents have a better life. earned income tax credit [EITC] by $20 billion income tax credit in Mississippi, 234,000 Mr. KASICH. Mr. Chairman, I yield over the next 6 years. According to the Joint had a gross income of under $15,000. the balance of my time to the gen- Committee on Taxation, the EITC reforms pro- This is about 25 percent of the working tleman from New Jersey [Mr. SAXTON], posed by the Republican budget would in- families in Mississippi—63,000, Mr. and I ask unanimous consent that he crease taxes for 6.3 million working families Chairman, live in my district. be allowed to control the time. with incomes less than $30,000. We hear the I urge opposition to the budget. The CHAIRMAN. Is there objection Republican majority spout rhetoric about per- Mr. KASICH. Mr. Chairman, I yield to the request of the gentleman from sonal responsibility and the need to be self- the balance of my time to the gen- Ohio? sufficient, yet here we have a program that tleman from Pennsylvania [Mr. FOX]. There was no objection. H5122 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Mrs. MEEK of Florida. Mr. Chair- ally we are going to get into a situa- Today many middle-class Americans man, I yield 1 minute to the gentle- tion where there is a whole class of are deeply concerned about their lack woman from California [Ms. ROYBAL- people which we are throwing over- of economic progress, and I would like ALLARD]. board, a whole class of people for which to speak for just a few minutes about Ms. ROYBAL-ALLARD. Mr. Chair- life itself has no meaning, the Govern- that because that is one of the issues man, last year, the American people re- ment will not help to preserve it, and that we are trying to address with this jected the Republican budget, and the that kind of step is what this extremist budget. Ordinary Americans in many President justifiably vetoed it. budget takes us into. walks of life feel that they are on a This year’s Republican budget is no Medicaid entitlement must be pre- treadmill where they have to run faster better. Instead of moderating their ex- served. and faster to stay in the same place, if treme policies, the majority’s plan con- Mrs. MEEK of Florida. Mr. Chair- not fall behind. Unfortunately, they tinues to hurt hard working Ameri- man, I yield 45 seconds to the gentle- have every reason to be concerned be- cans. woman from North Carolina [Mrs. cause not only is income growth non- Raising the minimum wage is sup- CLAYTON]. existent but taxes have gone up. ported by over 80 percent of the Amer- Mrs. CLAYTON. Mr. Chairman, I I would like to just point out that ican people because it will help over 7 thank the gentlewoman for yielding over the last 10 months we have re- million working adults to pay for gro- this time to me. leased a number of Joint Economic ceries, health care, rent, or their chil- I want to emphasize something that Committee studies and reports docu- dren’s education. has already been stated, that indeed menting the middle-class income melt- The majority, however, is denying the Republicans are at it again, they down. The sad truth is that a variety of Congress a clean vote to raise the mini- are really attacking the poorest of the statistics show that economic well- mum wage, while at the same time pro- poor. Contrary to what they say, they being of the American middle class has posing to cut the earned income tax are actually raising taxes on more than declined or stagnated under the poli- credit for low-paid workers. 6 million low-income persons. At the cies of this administration, and we are The EITC cuts of $21.6 billion will same time, they are giving a capital going to try to fix it. negatively impact 60,000 families in my gain to the wealthy. Why not give tax For example, take one standard district alone and 6 million low-income breaks to all America rather than put- measure, median family income: This families across this country. ting it all on the poor? On 7.7 million statistic charts changes in the level of It makes no sense that as Congress low-income people, taxes were raised in middle-income families over time and debates the needs and the value of 1995. They did it in 1995; they are at it can be adjusted for inflation as well. America’s workers, the majority pro- again. The poorest of the poor is being The Joint Economic Committee found poses to raise taxes on the poorest hurt. that during the Clinton administration workers. Mrs. MEEK of Florida. Mr. Chair- there has been no progress in inflation- This is an unfair and unjust budget, man, I yield myself such time as I may adjusted median income. In other and I urge my colleagues to vote ‘‘no.’’ consume. words, families that earned $40,000 3 Mrs. MEEK of Florida. Mr. Chair- Mr. Chairman, in closing, I just years ago on average continue to earn man, I yield 11⁄2 minutes to the gen- would like to say that the Republicans $40,000 this year. This chart exemplifies tleman from New York [Mr. OWENS]. are not facing the facts. Families with that. (Mr. OWENS asked and was given children will still be worse off in this During the last decade, during the 8 permission to revise and extend his re- new budget resolution. The Joint Eco- years of the Reagan administration, marks.) nomic Committee has already revealed each year American families could an- Mr. OWENS. Mr. Chairman, this fis- that the $29 that the chairman talked ticipate a 1.7 percent increase on aver- cal year 1997 budget of the Republican about, that is an average figure. That age in their income. Now, if we ex- majority continues the same extre- is not the figure for every family. Some trapolate that out during that period mism of the fiscal year 1996 budget. families will be hit harder by that, and of time, that means that income went American people have rejected that ex- we will have a large tax increase. up during that 8 years almost 14 per- tremism, but it goes on and on. It is an Mr. Chairman, we can balance this cent. assault on the majority of the Amer- budget together, the Republicans and Now, just to take an example of what ican people, starting with the poorest the Democrats, but we cannot balance that meant to the average American people who need Government most. it unless we work both with the poor, family over that 8 years, it meant that The children, the elderly and the peo- and the near-poor, and the rich. a family that started the decade of the ple with disabilities are attacked first. Mr. SAXTON. Mr. Chairman, I yield 1980’s making $50,000, by 1988 was mak- The Medicaid entitlement, the re- myself 4 minutes. ing $57,281, and so that kind of growth moval of the Medicaid entitlement, is Mr. Chairman, first let me commend took place because we had in place the thrust of that attack, which is the chairman of the Committee on the growth policies here in Washington. most dangerous. Are we going to take Budget and his colleagues and the staff Now, by contrast, since the present away the possibility of life itself from of the Committee on the Budget for administration took office, we have many people? The Medicaid entitle- providing us with the opportunity to had goose eggs, no growth in median ment, means-tested Medicaid entitle- consider what I consider a very, very family income. And so one of the ment, is probably one of the most noble find budget. things that this budget tries to address actions of our Government. As my col- This next hour will be controlled by is that problem by bringing into con- leagues know, it is a prolife action in the members of the Joint Economic trol Government spending and lowering the most profound sense of the concept Committee, and it is our function, the thresholds that we anticipate for of prolife. It is for all life. But by tak- along with deciding on what our prior- future Government spending as well. ing away the Medicaid entitlement, we ities should be, to try to shed some Unfortunately, we know that median are going to condemn people to a situa- light on the fiscal implications of our income did not treat all Americans the tion where the funds will not be there Federal budget, of our proposed Fed- same. to preserve life when it is needed. We eral budget, and our past actions on b are taking a step backward from the the economic performance of the pri- 1845 possibility of ever realizing universal vate sector in our country. For example, male earnings from 1992 health care. This is a step forward to- Mr. Chairman, I find it quite inter- to 1994 actually fell. In 1992 the median ward decentralized genocide. esting to do that because over the male income for males in this country By giving it out to the States, by years that I have served on the Joint was $31,897. It decreased by 2.2 percent having the States with less money try Economic Committee we have found by 1993 and fell to just over $31,000; and to meet these needs, we are going to that there are certain things that hap- decreased another 1.1 percent in 1994 ratchet down the benefits and make pen here in Washington that have a and fell to $30,854. So because of, we more and more people suffer and more profound effect on the American econ- think, bad things that Congress did and and more people will die, and eventu- omy. the President did during those years, it May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5123 crested a disincentive for the economy reduction. The fact is we still have real ple in this country, whether we are to grow. problems in this economy. The middle talking about educational loans or we Secretary Reich has tried to explain class, their incomes have been stag- are talking about Medicaid for nursing this away by saying that corporate nant for 20 years. It did not start when homes or Medicare for senior citizens. profits are up; therefore, median in- President Clinton came in. It started 20 Whatever we are talking about, it is a come must be down. Not true. Not true. years ago. The lower classes have been question of whether the Government This chart shows what happened with drifting down. Their incomes have ac- should be involved in providing that corporate profits and total compensa- tually been falling in real money. We safety net and trying to help people tion. The red line shows what happened have serious problems. We have people make it up. We have done it in the with corporate profits. out there who are permanent tem- past, we will do it again, but not with During the years of John Kennedy porary employees: our children whom the policies that are in this budget. back in 1963 and 1964, corporate profits we sent to college, who accumulated Mr. Chairman, I think that this consumed or took up about 14 percent debts, who have come out of those col- budget resolution makes no sense. The of total compensation. Today you can leges in debt, and cannot find a perma- people of this House ought to reject it see over in the other end of the chart, nent job. and go for a budget that makes some it is only 10 percent. It has actually The largest employer in this country real sense in terms of helping people fallen. The black line does represent is Manpower. People work 40 hours a make it up the ladder, not pull the bot- total compensation for American work- week, they work 50 weeks a year at $10 tom rungs out from under them. That ers, 55 percent in 1959 and just about 55 and $15 an hour in my own city of Se- is what their budget actually does. or 56 percent today. attle, and they do not have health care Mr. SAXTON. Mr. Chairman, I yield 3 Mr. Chairman, I commend the gen- benefits, they do not have a pension, minutes to the gentleman from tleman from Ohio [Mr. KASICH], the they cannot buy a house. If you take a Clarendon, TX [Mr. THORNBERRY], an- chairman, for the great effort he has manpower pay stub into a bank and try other member of the Joint Economic put into this budget to treat all Ameri- to get a loan to buy a house, you are Committee who believes that big gov- cans fairly, and yet recognize the eco- laughed out of the place. You simply ernment acts as a drag on the econ- nomic implications of what it is that cannot get a loan if you have a tem- omy. we have created. Naturally, I am going Mr. THORNBERRY. Mr. Chairman, I porary job. There are thousands of peo- to urge everyone to support this budg- thank the gentleman for yielding time ple. et. to me. Mr. Chairman, I reserve the balance In my city, in the music industry Mr. Chairman, we have heard a lot of my time. there are no permanent jobs. Seattle about the trillions of dollars involved Mr. MCDERMOTT. Mr. Chairman, I rock music, everybody knows about it. in the Federal Government’s budget yield myself such time as I may They know about Nirvana, they know today, but I think it is also important consume. about Pearl Jam. They know all those to focus on the family budgets in this Mr. Chairman, we are now probably companies. Those people, none of them country, because in truth, the eco- talking about what we should have have permanent jobs. So there are real nomic security of the country is only started this discussion with, and that problems in this country, because we as strong as the economic security of is the whole of how the economy is have people with a temporary job try- the American family. doing. The question we have to ask ing to pay off school loans. It is no There may be some who think that ourselves, Mr. Chairman, is whether or wonder that people are anxious. the family budgets in this country are not anybody believes a Republican and But the problems are not solved by the strongest they have been in 30 their analysis of the economy. Most of the policies in the Republican budget. years. That is not what I am hearing in us on our side of the aisle have some The Republican budget wants to jerk my district. Everywhere I go people are doubts, but occasionally the light goes the safety net out from under people. It squeezed. People are working harder on on the other side, and somebody wants to take away Medicare so that and harder and having a tougher time makes a statement that makes sense. people in their middle years, who are making ends meet. In February 1996, ROBERT DOLE, who trying to help a kid get through col- If we look at the statistics, they bear just left the Senate because he could lege, are suddenly going to have to help out that feeling. Since 1992, median not cope with these radicals on the their parents with their health care family income in this country has gone other side of the aisle, said, ‘‘It is true, bills. They want to take away Medic- down. Since 1992, the average Federal as some have said, that our economy is aid, which guarantees nursing home tax rate has gone up. The result is that the strongest it has been in 30 years.’’ care for senior citizens in this country, Americans are left with less money in If Members do not believe BOB DOLE, if and want to throw it back onto the their pockets because the Federal Gov- they do not believe BOB DOLE, Members families and say, ‘‘You come up with ernment is taking more and more can listen to what they are now going the $30,000 a year to take care of your money away from them. to say. But the fact is that the econ- mother in the nursing home.’’ Recent surveys show the American omy today is the strongest that it has Mr. Chairman, if you have to do that people across all lines think the Fed- been in 30 years. in the middle class, how are you going eral Government, government at all The second chart which I will put up to help your kid go to a community levels, should take about a quarter of here, do Members believe the Congres- college or pay for going to a univer- what they make; it should take about sional Budget Office? We have had a sity? Those are safety net issues. a quarter of someone’s income to pay discussion in this House over and over The President said, it was a very in- for government, and yet the number again as to whether or not we can bal- teresting thing, he came out to Seattle today is more like 38.2 percent. That is, ance the budget in 7 years, according a few months ago, 2 months ago, and of course, as opposed to about 5 percent to CBO numbers. Everybody on the said, in 1950. Today parents are working other side said that the CBO numbers, There is enough money on the table to bal- harder and longer and have less time to they are absolutely correct. ance the budget. We have agreed, there has spend with their children. Mr. Chairman, when President Clin- been enough agreement between the House If Members do not think this country ton took over, if we follow this line, and Senate and the Presidency on the num- is experiencing the effects of people that is what CBO said was going to bers, but we will not balance the budget if having to spend more time making happen. The deficit was just going to your intention is to destroy the safety net. ends meet, just to pay for food and go out of sight. As a result of the poli- That is the essence of this budget de- shelter and away from their kids, I do cies that the President instituted in bate. It is not about numbers. These not think they are in touch with what 1993 and 1994, we now see that the defi- numbers, we could argue about num- is happening. This budget includes a cit is coming down, and the President’s bers, $50 billion here and $25 billion $500-per-child tax credit, so a family projected budget will take it down in there and whatever. The issue is with two kids is going to get $1,000 the course of 7 years to zero. whether or not the Federal Govern- more a year. The President has done what has to ment is going to be able and willing to Some people say that is not enough be done in terms of dealing with deficit provide a social safety net for the peo- to make a difference. I will tell the H5124 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Members, that is. That $1,000 for a typ- dercut health care providers in my dis- every day millions of Americans get ical family will pay for 3 months of trict and across the Nation. We are up, get out of bed, they have their groceries, it will pay for 11⁄2 months of again debating whether we should end breakfast, they pack their lunch box, mortgage payments, it will pay for 31⁄2 our Nation’s longstanding commitment send their kids off to school. In many car payments, it will pay for 14 months to help provide food and medicine for households both spouses work. We talk of health insurance. those who need it, and raise the cost of about the forgotten American, the peo- In my district alone, it will mean education for working families. In the ple that go to work every day, the peo- $322 million more dollars over 7 years. end, this budget would have a devastat- ple in this country that are working That makes a difference in people’s ing impact on the economic security of harder and harder and taking home lives. It makes a difference at times working families across America. less money. Nobody is talking about that they need some relief. Under the bill, Medicare would be cut that portion of the American people. The bill has a lot of other good by $168 billion. Medicaid coverage Think about it. things for families. It allows senior would no longer be guaranteed, and The people in this country who get citizens to keep more of the money spending on education is reduced below up every day and go to work, they say they earn and not be penalized on their its level of just 2 years ago. One and to me, ‘‘Congressman, I don’t under- Social Security. It repeals the gas tax one-half million fewer students would stand it. I’m working harder than ever and the rest. The problem with taxes is be aided by Pell grants, as opposed to in my entire life, and the money sim- sometimes people in Washington get those who would be aided under the ply isn’t enough to make the expenses. confused about whose money it is, but President’s bill. In other words, the I’m not buying new cars, I’m not buy- it is a fundamental issue, I think, on President’s bill would provide Pell ing new houses, I’m just trying to do who can better spend the people’s grants for an additional 1.5 million stu- the best I can to survive in this econ- money; whether the Washington bu- dents over that which is proposed in omy.’’ reaucrats can spend it better or wheth- the Republican budget. Mr. Chairman, here is a chart. Here er the families themselves can spend it In addition, the earned income tax is the reason why. Americans today are better. I put my trust in the American credit would be cut by $20 billion, es- working harder and taking home less people. sentially raising taxes on thousands of money. Americans today are working I think this country will be better off working families in my district, and a harder and taking home less money. by letting people keep more of the total of about 6 million working fami- Americans today are working harder money that they earn and spend it on lies across the country. The debate on and taking home less money because themselves and their families and their this budget plan has been a loser for governments of all sizes are growing food and their shelter and their com- the Republican majority throughout and taking away the money. munities and their churches, rather the past year. This budget promises to The Federal Government continues than sending it all to Washington. continue this losing tradition today, to grow. The number of Federal em- That is a lot of what is at stake here. tomorrow, and on until November. ployees declines, but the number of That is a fundamental difference in It is symbolic and ironic that on the nongovernment employees who receive this budget. It is the reason the Amer- same day the majority has rejected a grants from the Federal Government to ican people need this kind of tax relief. modest increase in the minimum wage carry on the work of all the 10,000 Fed- Mr. HINCHEY. Mr. Chairman, I yield to help working families achieve a de- eral programs we have continues to myself such time as I may consume. cent standard of living, it presents this grow. The man who gets up in the Mr. Chairman, as a member of the House with a plan to raise taxes on morning and packs his lunch and kisses Joint Economic Committee, I want to those very same families by cutting his kids good-bye to go off to school raise a number of objections to the the earned income tax credit. and perhaps his wife goes off to work GOP budget resolution for fiscal year b also, he takes home less money. And 1997. This proposal that we have before 1900 who cares about him? Who is caring us is little more than a rehash of the If we cannot raise the wages of work- about that man in America? He is down Contract With America and its assault ing families, then why should we also here taking home less money. Do you on working families, senior citizens, provide tax breaks for the most afflu- know why? Because government is too students, and the environment, all of ent members of this society? Why big. It is too intrusive. It is too perva- which have been rejected by the Amer- should the House vote for a budget that sive. One program after another. Try to ican people in each of the renditions provides capital gains reduction that cut down the size of the Government, that it has come to this House. largely benefits the wealthiest 1 per- This budget is bad for the economy. cent of families when we are telling and the President adds AmeriCorps. It is bad for working people, and I be- working people that we cannot afford ‘‘Just give me another program. Just lieve it should be rejected. Just a few to raise the minimum wage above the one more investment. Just another weeks ago after a year-long struggle on lowest level it has been at in 40 years. program. Just have this investment.’’ the budget, this body showed that it It is time that we stand up for the eco- Mr. Chairman, every single one of the had the ability to compromise on fiscal nomic security of working Americans 10,000 programs in this Federal Govern- matters and pass a budget reduction instead of trampling on their standard ment has its own constituency, its own measure with support that was biparti- of living. lobbyists, its own special interests. But san. The omnibus appropriations bill Mr. Chairman, I urge that we reject who cares about the man who gets up cut the deficit by an additional $23 bil- this losing budget proposal and we vote in the morning and packs his lunch and lion, while at the same time protecting for one of the Democratic alternatives kisses his kids off to school and per- our Nation’s commitment to providing that will be presented tomorrow. haps his wife has to go to work, also, affordable health care, housing, and Mr. Chairman, I reserve the balance just to make ends meet? Who cares education. of my time. about him? The bill was the product of produc- Mr. SAXTON. Mr. Chairman, I yield 6 Let me just reiterate the words I tive dialog between the parties; long, minutes to the gentleman from Illinois have heard this evening from the other tough negotiations and compromise by [Mr. MANZULLO], a Member who has side. The Republicans are extreme. De- Members on both sides of the aisle. been particularly active this year in centralized genocide. Mean-spirited. That is why I voted for it, and that is understanding what it means to the Cruel. Radicals on the other side. As- why Democrats and Republicans alike American family to have less income sault on America. in this House supported it and provided and at the same time pay higher taxes. Do my colleagues know where the as- it with an overwhelming majority. (Mr. MANZULLO asked and was sault is taking place? On the American Now, Mr. Chairman, the majority given permission to revise and extend family. Taxes continue to go up. party here in the House proposes to his remarks.) Rob Yedor runs a factory called Myco take several steps backwards and re- Mr. MANZULLO. Mr. Chairman, we in Rockford, IL, about 125 employees. hash the debate once again to limit all use charts in this body, and dif- ‘‘Oh, with the great budget in 1993, health care services for the elderly, un- ferent figures are thrown out; but we’re going to raise the taxes of the May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5125 rich, we’re going to increase the sub- Why eliminate the one agency that squeeze but so much blood out of a tur- chapter S taxes.’’ What happened? He has aggressively expanded American nip. pays $250,000 a year more in taxes. exports, has effectively pursued busi- What these sayings say, I guess, is a Mr. Chairman, where was that money ness opportunities abroad for American word of support for a recent Joint Eco- going to go? For three things for his companies—big and small—has helped nomic Committee study entitled ‘‘The employees: to purchase additional cap- to ease our balance of trade deficit and, Impact of the Welfare State on the ital, that is new machinery, to fund most importantly, has had a big hand American Economy,’’ by Lowell more fully his 401–K retirement plan, in creating jobs here in the United Gallaway and Richard Vedder. and to increase the wages of the people States? Its findings were highlighted in a re- who work for him. That was the 1993 I am particularly distressed by their cent Investors Business Daily article Clinton budget. Do my colleagues know proposal to transfer the functions, but entitled ‘‘Cut to Grow.’’ What both the who got hurt by it? The man who gets not the resources, of the Economic De- report said and what the article said up in the morning and packs his lunch velopment Administration [EDA] to was that there is a price tag to Govern- and sends his kids off to school, the av- the Small Business Administration ment spending. If you look at this erage American worker. Here is the [SBA]. chart, that price tag is that you can chart. He is taking home less money This proposal would appear to be a only go so far before Government because this Government is too big. classic example of seeking to make spending becomes a problem. Keynes Mr. SAXTON. Mr. Chairman, will the change for no reason, rather than was right up to a point that Govern- gentleman yield? change for good reason, change for the Mr. MANZULLO. I yield to the gen- ment spending creates economic activ- tleman from New Jersey. sake of change rather than change for ity, up until about this 17.6 percent Mr. SAXTON. Mr. Chairman, the gen- the better. that the chairman alluded to, and then tleman from New York [Mr. QUINN] The Economic Development Adminis- beyond that it is actually detrimental. wanted to be here to add to what we tration has been an effective and vital Beyond that it is actually a drag on have said tonight but he lost his voice resource in helping communities, espe- the economy. today, the poor guy. What he wanted to cially rural communities, respond to Mr. Chairman, here we are at about say was that we also did a study which problems of economic distress. 22 percent of the size of our economy showed that, when the Federal Govern- In my district, EDA has been work- right now with Government spending, ment consumes more than about 17.4 ing to support the Global Transpark, and what that means is that it is actu- percent of GDP, every dollar that we an innovative and creative venture ally hurting us. For every $1 of addi- spend after that actually has a nega- that will allow the rapid transpor- tional Government spending beyond tive impact in pulling down the produc- tation of goods and services from my that 17.6 percent, it slows us down by tivity and the production that takes State to markets abroad. about 38 percent, or, if you were to go place in the American economy. With similar lack of logic, they pro- out and find $100 of Government cuts, Today, as the gentleman knows, the pose to eliminate the Technology Ad- you would come up with about $138 of Federal Government consumes a full 22 ministration, the Economics and Sta- benefit to the total economy. percent of GDP. And so the optimum tistics Administration, the Minority So I would say that this debate in level, at about 17.5 percent, has been Business Development Agency, and large part is about who is best at far surpassed. We are 4.5 percent above other important parts of the Commerce spending your money. If you think it is where we should be. This budget takes Department. bureaucrats, then you probably do not a small step toward getting us back to Our colleagues propose to save want to support this budget resolution. where we should be so that the guy who money through this dismantling and But if you think you are best at spend- gets up in the morning and packs his restructuring, but their math is mis- ing your own money, this graph and own lunch and maybe the lunch for his placed. this study support that idea. Therefore, kids, as the gentleman so eloquently The Commerce Department has al- I would urge us all to support this pointed out, does not have to look for- ready undertaken plans to consolidate, budget resolution. ward to a future where we see dimin- reengineer, move operations, delete Mr. Chairman, I include the article ishing returns on work, which is what regulations, change certain policies referred to for the RECORD. is happening in the American economy. and save. PERSPECTIVE—CUT TO GROW Mr. MANZULLO. Mr. Chairman, If our Republican colleagues are seri- Many supply-siders focus on cutting taxes there is a chapter that normally ap- ous about passing a budget resolution pears in every budget called the as the best way to lessen the load of govern- in a timely and bipartisan manner, ment and raise economic growth. But a new generational forecast. It has not been that will be signed by the President, study suggests cutting federal spending can in the last couple of budgets. That they should start with a new begin- also do the trick. states because of the $5 trillion na- ning, not with an old ending. The De- The best size of government is about 17.6% tional debt, unless something is dra- partment of Commerce should not be of gross domestic product, says a recent matically done, the children born after eliminated. study from Congress’ Joint Economic Com- 1992 entering the work force would Indeed, the Department should be mittee. When government is very small it can do a have a combined State, local and Fed- funded at a level adequate to continue eral tax rate of between 70 and 90 per- lot to raise economic growth, say Ohio Uni- its good work. versity economists Lowell Gallaway and cent. That is unconscionable. Economics require it. America needs Mr. HINCHEY. Mr. Chairman, I yield Richard Vedder, authors of the study. it. Good sense demands it. These include providing a strong defense, 3 minutes to the gentlewoman from Mr. SAXTON. Mr. Chairman, I yield 3 fighting crime, creating courts where people North Carolina [Mrs. CLAYTON]. minutes to the gentleman from South can resolve disputes and building a basic in- Mrs. CLAYTON. Mr. Chairman, there frastructure, such as roads and highways. are many parts of the Republican’s pro- Carolina [Mr. SANFORD] who is going to report on yet another Joint Economic But more government spending faces di- posed budget that I find objectionable, minishing returns. That is, each additional but there is one part that is particu- Committee study which shows the neg- dollar spent brings fewer benefits than the larly inappropriate. ative effects of large Government on last one. They propose, once again, to elimi- the free enterprise system. So the bigger government gets, the less nate the Department of Commerce by Mr. SANFORD. Mr. Chairman, in this likely it is that the benefits of more spend- abolishing certain programs and by re- whole debate about the budget, I would ing outweigh its costs. structuring others. remind everybody that Mother’s Day Eventually, the study says, spending slows The Department of Commerce, under was this weekend. economic growth as government focuses on the able leadership of Secretary Ron One of my mother’s sayings was that programs that dampen output rather than too much of a good thing is actually a help it, such as regulating businesses and re- Brown, has been a shining example of distributing incomes. what good Government can do. bad thing. Benjamin Franklin said, ‘‘I For example, in 1948 less than 10% of And with the appointment of Sec- would rather urge moderation in all spending went to social programs. For the retary Kantor, continued good things things,’’ and farmers back in my dis- twelve years after that, 25% of added spend- are promised. trict had this saying that you can only ing went to these programs. That moved up H5126 CONGRESSIONAL RECORD — HOUSE May 15, 1996 to one-third in the 1960s, and half in the Why do we need to cut Medicare, affairs, 202–789–5266; and Peggy Ellis, director 1970s. only to give $124 billion in tax breaks. of government affairs, 202–789–5284. From 1990 to 1995, the government added Moreover, Mr. Chairman, the Repub- Mr. SAXTON. Mr. Chairman, I yield 3 more money to social programs than it lican budget does virtually nothing to minutes to the gentleman from South added to the overall budget. As a result, from 1947 through 1951, govern- go after corporate welfare. In fact, the Carolina [Mr. INGLIS]. ment spent about 15% of GDP, while GDP conservative Cato Institute issued this Mr. INGLIS of South Carolina. Mr. grew at a yearly rate of 4.2%. Through 1974, news release today which says, ‘‘Elimi- Chairman, I thank the gentleman for government spent 19% of GDP, and the econ- nating corporate welfare would cut the yielding me time. omy grew at a 3.3% rate. Since then, govern- deficit in half—business subsidies cost Mr. Chairman, I have had the oppor- ment has spent 22%; GDP has grown at a $75 billion per year, Cato study says.’’ tunity now to sit here and listen to 2.5% rate. Why must our seniors, schools, envi- some of the comments of our col- The government has exceeded the 17.6% ronment, and the poor be first in line leagues between the time of the Com- spending level every year since 1965, ignoring mittee on the Budget’s allocated time gains to the economy from cutting spending, to face cuts when we give away at least says the study. This excess spending has $75 billion in corporate welfare every and now the Joint Economic Commit- curbed the economy by an average of about year? tee’s allocated time, and it has been 2% year, leading a cumulative loss of about Mr. Chairman, I urge my colleagues very instructive. It has been instruc- $2.3 trillion in output. to defeat this budget which is nothing tive because particularly these very That leaves a good deal of room for today’s more than the same old, same old. valuable studies of the Joint Economic lawmakers to raise economic growth by cut- In addition, Mr. Chairman, the Re- Committee point out that this Govern- ting spending. publicans have innovated a new form of ment is a drag on our economy. It is This year the government spent about too big and needs to be reduced in size 21.4% of GDP, according to the Treasury De- governance. I call it kitchen sink legis- partment. The GOP budget plan would bring lation. They throw in everything—in- and scope. spending down to 18.5% of GDP by 2002, says cluding the kitchen sink—and wait to As the gentleman from South Caro- the Congressional Budget Office. see what survives the conference com- lina just said, for $100 in cuts, you get For every $1 of spending cuts, the private- mittee. This is no way to govern and $138 in expansion of the economy. That sector economy will expand by $1.38, we need to defeat this Republican is a god bargain, so we should listen to Gallaway and Vedder say. budget. folks on the Joint Economic Commit- If sustained for seven years, that $1 budget Mr. Chairman, I include the following tee and have the courage to make these cut would add $2.45 to total output, they say. changes. Supply-siders have long urged Congress to for the RECORD: change the way it forecasts how much reve- [From the Cato Institute News Release, May The second observation I would make nue the government would forego if it cuts 15, 1996] is really I think it is very interesting tax rates. By raising economic growth, tax ELIMINATING CORPORATE WELFARE WOULD to hear some of the comments from cuts need not lose as much as Congress CUT DEFICIT IN HALF—BUSINESS SUBSIDIES this side of the aisle about this budget. thinks, and may actually raise revenue. COST $75 BILLION PER YEAR, CATO STUDY I had hoped that maybe this year we This study suggests that a similar effect SAYS were going to be a little bit some can- may also work with spending cuts, meaning ‘‘In 1995 the corporate safety net was left did in our debate, a little bit more that cutting spending by $1 may close the largely intact,’’ says Stephen Moore, direc- forthcoming; that maybe this time we budget gap by more than $1. tor of fiscal policy studies at the Cato Insti- This effect should hold until the govern- would not subject seniors in America tute. ‘‘If members of Congress balk at cut- to MediScare, that we would not sub- ment whittles the budget down to 17.6% of ting aid to dependent corporations again in GDP, and perhaps further. ject poor people in this country to 1996, they will look like fiscal frauds and Medicaid scare. But it is pretty appar- Gallaway and Vidder got the 17.6% figure fools.’’ by assuming that government spending In a new Cato Institute study, ‘‘How Cor- ent we are going to go through it one shouldn’t be treated as a cost of production. porate Welfare Won: Clinton and Congress more time, round two. In fact, the gen- If it were treated as a cost of production, Retreat from Cutting Business Subsidies,’’ tleman on the floor a little while ago then much less spending should be justified. Moore and Cato fiscal policy analyst Dean said they are going to ‘‘Take away Then, the best spending level for govern- Stansel note that the federal government ment would be between 10% and 11% of GDP, Medicare.’’ Take away Medicare. The currently spends $75 billion per year on cor- gentlewoman who just spoke said there they say. But treating spending simply as a porate welfare—the use of government au- production cost may overlook other reasons were going to be cuts to Medicare. thority to confer targeted benefits on spe- Well, I defy anybody in this body to for it. cific firms or industries. They identify the 35 Also, the numbers may not tell the whole ‘‘least defensible’’ business subsidies and describe where there are cuts to Medi- story. show that Congress moved to cut only $2.8 care. There is a reduction in the rate of For example, what if lawmakers trimmed billion, or 15 percent, from the 1995 level. growth, and per beneficiary the spend- government back to 17.6%, but did so by get- The Clinton administration has been hos- ing goes from this year, 1996, $5,200, to ting rid of spending that Gallaway and tile to even the modest corporate welfare Vedder say is good, leaving things like wel- $7,000 in 2002. cutbacks proposed by Congress, Moore and The gentleman from Washington fare and regulating agencies? Stansel argue. ‘‘If Congress’s performance That’s unlikely, but it suggests a different State said we are going to take away was a disappointment, the Clinton adminis- Medicare. I wonder if that sounds to route to the same theme of less government. tration’s was dismal. In fact, we find that for Instead of focusing on numbers, perhaps we the 35 corporate welfare programs identified any of my colleagues like it is taking should focus on the kinds of spending gov- in this study the administration’s 1996 budg- away Medicare? We are going from ernment does, no matter the amount. For ex- et actually requested a slight increase in $5,200 per year per beneficiary to $7,000 ample, during wartime the best level of gov- spending.’’ per year in 2002. $5,200 to $7,000. That is ernment spending may rise as it costs more Moore and Stansel recommend eliminating not taking away Medicare. That is not to defend ourselves. or sharply scaling back programs including a cut to Medicare. That is an increase By contrast, in a peaceful world, 17.6% the Export Enhancement Program, Foreign may be much too high. Staying at that level in Medicare spending. Agriculture Service, Market Promotion Pro- I wonder how it is that our col- might require welfare programs or wasteful gram, Advanced Technology Program, Na- defense spending. tional Oceanic and Atmospheric Administra- leagues, particularly on the other side Mr. HINCHEY. Mr. Chairman, I yield tion, Army Corps of Engineers, Bureau of of the aisle, have the ability to say 2 minutes to the gentlewoman from Mines, Export-Import Bank and Overseas these are cuts? I suppose they are en- Georgia [Ms. MCKINNEY]. Private Investment Corporation. couraged by the polls that indicate ‘‘If all federal assistance to business were that MediScare works. You can scare b 1915 purged from the budget, the budget deficit seniors in America. They get worried Ms. MCKINNEY. Mr. Chairman, here could be cut in half,’’ Moore and Stansel and they decide that they will support we go again. Instead of offering a budg- write. ‘‘Both the social welfare and corporate you and your political campaign, even et that protects middle-class families welfare states needed to be reformed with equal urgency.’’ though you are imperiling the future of in this changing economy, the Repub- Policy analysis No. 254—contact: Stephen Medicare and of the whole country. lican Party has once again lived up to Moore, director of fiscal policy studies, 202– I hope as the debate goes on that just its reputation as defender of Wall 789–5252 Dean Stansel, first policy analyst, maybe, somehow, there will be some Street’s barons. 202–789–5250; Dave Quast, director of public additional candor released here in May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5127 Washington, and we will be able to It takes away the future of our chil- ing under court mandates for failing to provide have an honest debate. dren. It ensures that they will not have adequate service to abused and neglected Mr. HINCHEY. Mr. Chairman, I yield Medicaid by making this a modified children. 3 minutes to the gentlewoman from block grant, and therefore ensuring The Republican budget assumes a more Texas [Ms. JACKSON-LEE]. that our children will not have good strict definition of disability for children and the Ms. JACKSON-LEE of Texas. Mr. health. creation of a two-tiered system of benefits for Chairman, we have come here again for Mr. Chairman, I ask that we support children. Eligible children who require personal the budget for 1997, and I thought we the Democrat alternative, for this care assistance and who, without such assist- would have had an opportunity through budget is not one that helps all Ameri- ance, would require specialized care outside the series of continuing resolutions cans. the home receive 100 percent of the Federal that we attempted to pass in this last Mr. Chairman, the Republican leadership, SSI benefit. However, children with disabilities year and the reasonable disagreement just in time for Presidential election year poli- who do not meet this personal care assistance that Democrats have had with my Re- tics is talking about a balanced budget again. test receive 75 percent of the SSI benefit publican friends, that we might have The is deÂjaÁ vu for the American voter who well amount. This system could result in a large had a more bipartisan effort on this remembers the campaign promises of Ronald majority of disabled children having their bene- new budget. Reagan who predicted that he could balance fits reducedÐchildren with disabilities such as We all recognize that it was the the federal budget by cutting taxes and in- cerebral palsy, Down syndrome, muscular Reagan years when we began to use a creasing spending. Candidate George Bush dystrophy, cystic fibrosis, and AIDS. new term in budget deficit, and that is called that budgetary slight of hand Voodoo The Republican plan would also deny most a trillion dollars, when under President Economics. Federal, State, and local benefitsÐincluding Reagan there was an attempt to cut The results of two Reagan terms was a school lunchÐto illegal aliens and would deny taxes, but to continue to spend for pro- budget deficit which for the first time in any SSI and food stamps to legal aliens until they grams that benefited many of those country's history used the term trillion to quan- become citizens. That plainly is an unfunded who did not need. tify the extent of the deficit. mandate on the States. We now have a budget that portends In my Houston, TX district the minimum The Republic budget fails to provide ade- to give money back to working Ameri- wage provides a less than minimum standard quate resources for work programs and child cans, but yet it damages and under- of living. For families it is not a matter of com- care which are critical to effectuate a transition mines the needs of children. peting priorities but a matter of survival skills. from welfare to work. The Republican plan sig- The Republican plan folds 20 separate These families are lead by mothers, and/or fa- nificantly increases the need for child care child protection programs into two thers who will in many cases no matter what while reducing the resources for child care block grants, at a time when the GAO the circumstances are will seek out a job with services as well as the funds available to and others report current resources are pay that few of us could imagine providing the states to improve the quality of care. failing to keep pace with the needs of a sole means of support to our own families. This strategy of welfare-to-work is doomed national child protection system in cri- It is time for working families to get the raise to fail. Mandatory welfare-to-work programs sis; we cut funds that provide for re- they deserve. A few things to consider in the can get parents off welfare and into jobs, but porting of abuse and neglect; and we do argument to raise the minimum wage. When only if the program is well designed and is not give enough money to protect adjusted for inflation, the value of the mini- given the resources to be successful. The abused children and to protect them to mum wage is now 29 percent lower than it GOP plan is punitive and wrong-headed. It will make sure they are safe and in loving was in 1979. Raising the minimum wage from not put people to work, it will put them on the and permanent adoptive homes. $4.25 to $5.15 an hour would lift an estimated street. Any restructuring of the welfare system The plan potentially guts account- 300,000 people out of poverty, including must move people away from dependency to- ability for State child protection sys- 100,000 children. Women make up 59 percent ward self-sufficiency. Facilitating the transition tems, over 20 of which are operating of minimum wage earners and nearly three- off welfare requires job training, guaranteed under court mandates. The Republican quarters of them are adults. child care and health insurance at an afford- budget assumes more strict definition Taken individually each of the aforemen- able price. of disability for children, and the cre- tioned facts is enough to make this a top leg- We cannot expect to reduce our welfare ation of a two-tiered system of benefits islative priority for the 104th Congress. My rolls if we do not provide the women of this for children. Eligible children who re- hope is that as this Congress works through Nation the opportunity to better themselves quire personal care assistance and its second session that this and other issues and their families through job training and edu- without such assistance would require of vital importance to women and children are cation, if we do not provide them with good specialized care outside the home re- brought before the House for serious consider- quality child care and most importantly if we ceive 100 percent of the Federal SSI ation. do not provide them with a job. benefit. However, children with disabil- We speak so often in this House about fam- Together, welfare programs make up the ities who do not meet this personal ily values and protecting children. At the same safety net that poor children and their families care assistance test get 75 percent. time however, my colleagues on the other side rely on in times of need. We must not allow This affects children with disabilities of the aisle, have presented a budget package the safety net to be shredded. We must keep such as cerebral palsy, Down’s syn- that will effectively eliminate the Federal guar- our promises to the children of this Nation. We drome, cystic fibrosis and AIDS. Then antee of assistance for poor children in this must ensure that in times of need they receive what we do is we do not protect the fu- country for the first time in 60 years. the health care, food and general services ture for our children. The majority's plan is antifamily and they need to survive. Through this budget we cut the Com- antichild. It calls for unprecedented cuts in Finally, the Republican budget resolution merce Department. Then we move on programs serving children and would remove proposes to cut the earned income tax credit to cut $330 billion out of the research the basic protections for hungry, abused, dis- [EITC] by $20 billion over the next 7 years. and development budget for our coun- abled and poor children while using the sav- This cut includes eliminating the EITC for try. It cuts the Advanced Technology ings to offset tax breaks for wealthy individ- childless workers as well as families with chil- Program, which is a program that has uals. dren who have modest incomes. In fact, over sought an opportunity for form a part- The Republican plan folds 20 separate child 6 million families with children could receive a nership between our small businesses protection programs into 2 block grants at a reduction in their EITC. and the Government. time when GAO and others report current re- This program was designed to assist the This budget is proposed by Repub- sources are failing to keep pace with the working poor of America. The Republicans licans to suggest that we give a $500 needs of a national child protection system in argue that in exchange for losing the earned per child tax credit to low-income fam- crisis. Under this plan, funds could be inad- income tax credit, many low-income families ilies. What they do not say to the equate to respond to rapidly increasing reports would receive the $500 per child tax credit. American people is that the children’s of abuse and neglect, and insufficient to pro- The fact of the matter, however, is that the tax credit will not benefit 34 percent of tect abused children and find them safe, loving children's tax credit will not benefit 34 percent the Nation’s children. and permanent adoptive homes. The plan po- of the Nation's children because they live in This budget proposed by Republicans tentially guts accountability for State child pro- families that are ineligible because their in- is deja vu, but it is the same old song. tection systems, over 20 of which are operat- come is too low. H5128 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Medicare, Medicaid, and welfare are on the goes to work, comes home, in 1992 mak- to consider not just how much we will top of the list for cuts right now, but I think that ing a median income of $31,897. It spend, but the priorities of what we are we can find ways to be fair and just when we dropped down to $31,186 in 1993, and all going to spend, and please, please, con- make budgetary reduction decisions without the way down to $30,854 in 1994. sider the effect on the pocketbook of shutting the Federal government down. Once again, we see the effect of tax the average American, middle class, I would hope that this next attempt to seri- policy here, because we had a large tax upper class, lower class, all classes of ously deal with this Nation's budget deficit will increases, two large tax increases, bi- American workers. include compassion for the poor, our children partisan tax increases, one advocated Mr. Chairman, I reserve the balance and the elderly. by President Bush and the Democrats of my time. We should not play election year politics in this House in 1990, and the second by Mr. HINCHEY. Mr. Chairman, I yield with this country's budget. President Clinton and the Democrats 5 minutes to the gentleman from New Mr. SAXTON. Mr. Chairman, I yield in this House in 1993. Jersey [Mr. PALLONE]. myself such time as I may consume. I just hold this up for emphasis. This b 1930 Mr. Chairman, I believe that I am at is what happens when we increase Mr. PALLONE. Mr. Chairman, I am least for now our last speaker, so I just taxes on the American families. It glad that I followed my colleague from wanted to kind of recap regarding the slows down the economy, less income New Jersey, who I have the greatest re- statements that my colleagues on the for workers, or at least stagnant in- spect for. But I think that the point Republican side of the Joint Economic come for workers, and as a result of that I would like to make this evening Committee have made here this that, I think we can learn from his- is that it is certainly true that our goal evening and why they are important. tory. with this budget and with every budget Before I do that, Let me just pick We were not the first people to say has to be to achieve a balanced budget upon something that the last speaker this. The first person to say this, and over the next 6 or so years, and that in mentioned, and that was the perform- believe in this theory, was a member of the process of doing that certain types ance or relationship between the per- your party. That was John Kennedy. of tax breaks, if you will, if they help formance of our taxing and spending He said in the State of the Union Ad- the average American, can be accom- during the decade of the 1980’s. dress in 1963, ‘‘We cannot for long ex- plished. Yes, it is true that there was a tax pect to lead the cause of peace and The President’s budget does that. rate cut which took place in the early freedom around the world if we cease The President’s budget achieves a bal- eighties. I believe the gentlewoman to set the economic pace at home.’’ anced budget, if you will, by the year said or inferred it was because of that He proposed massive tax cuts. Reve- 2002. There is a family tax credit and tax rate cut that the deficit occurred. nue grew and the economy grew, and it there are education tax benefits, if you Well, I would just like to remind ev- was the same story. So we can go back will, to pay for tuition for higher edu- eryone, or if people do not know this to and make this a bipartisan argument. cation. tell them this for the first time maybe, Let me just conclude with this one So I would maintain that the dif- we started the decade of the eighties, chart, to reemphasize the point. Start- ference between the President’s budget before the tax cuts, with about $500 bil- ing back in 1973, we anticipated what and the budget that we are going to be lion in revenue, half a trillion dollars the American family, or have antici- voting on tomorrow, that has been pre- in revenue, money for us to spend, de- pated since, what the American family sented by the Republican leadership, is cide on the priorities, $500 billion. should have earned if we had not in- not over which achieves a balanced By 1990 that had grown, in spite of creased the size of government and the budget, because they both do; or over the tax cuts, I should not say in spite cost of government beyond the opti- which accomplishes giving certain tax of, because of the tax cuts. 1990, that mum size and the optimum cost. credits or benefits for families or for money grew and became twice as If we had kept the size of government education, because I beleive actually in much, $1 trillion. that is right, from at 17.5 percent of GDP, this red line ex- that respect the President’s accom- 1980. In the early eighties when we had emplifies what should have happened plishes more; but rather over the prior- the tax cuts, the tax cuts provided an in terms of median income. Steady ities in spending. That is where I think economic stimulus, and because we had growth. Instead, we increased the cost the difference really lies between these more people working, more people of government to 18 and then 19 and two proposals, that of the President packing their lunch in the morning, then 20, and now 22 percent. This dot- and that of the Republican leadership. more people going to work and coming ted line shows what actually happened The priorities are the same priorities home on Friday afternoon with pay- to median family income, a large defi- that Democrats articulated last year checks, larger paychecks, I might add, cit of another kind that is even more during the budget battle, and our point 1.7 percent each year, because they had meaningful to many American families was then and our point again now is more paychecks and higher income, than the deficit we talk about all the that we can protect senior citizens’ they paid more taxes, and our revenue time. health care, we can protect Medicare, doubled during the decade of the This gap represents over the last 10 we can protect Medicaid, and we can eighties. years to the average American family a also protect our environment and we It was not, it has been proven not to loss of $106,000 in wages. So we are try- can protect education programs at the be, true that someone can point their ing with this budget to correct a situa- same time that we balance the budget. fingers at the Reagan tax cuts and say tion which we have allowed to develop There, I think, is the major difference that it why we have a deficit. The fact here over the last several decades, Re- between what the Republican leader- of the matter is that we more than publicans and Democrats working to- ship has proposed and discussed to- doubled spending. It is Congress’ func- gether on the wrong path, on many oc- night and what the President has pro- tion. We are in the middle of the func- casions, and we are trying to correct posed. tion right now tonight of determining that situation by slowing the rate of Essentially, if we look at this Repub- how much money to spend for fiscal growth of government, because if we do lican budget, it is more of the same on year 1997. We will make that deter- not slow the rate of government and the issues of Medicare, Medicaid, edu- mination just like we did every year begin to consume 22.5 percent and 22.6 cation, and the environment. I thas a during the eighties, and every year percent of GDP and 23 percent of GDP, negative impact on each of those areas during the eighties we increased spend- this situation with wages and the long- for the average American. ing by or 7 or 8 percent. It was not the term growth in our economy can only I talked earlier this evening about tax cuts that did that; it was done take one path, a negative one. the Medicare Program, and I believe right here in this very process that we So, the gentleman from Ohio [Mr. strongly that the $167 billion in Medi- are engaged in tonight. KASICH] and his committee and his care cuts over 6 years will definitely Spending is the problem, folks. staff in my opinion have done a great have a negative impact of the Medicare Spending is the problem for the folks service to the country in bringing this Program. It will cause many hospitals that the gentleman from Illinois [Mr. budget to the floor this evening. So I to close. In our own State of New Jer- MANZULLO] talked about also. A man ask Members on both sides of the aisle sey, both myself and the gentleman May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5129 from New Jersey [Mr. SAXTON] have Mr. SAXTON. Mr. Chairman, I yield That should not surprise us. We should hospitals that are more than 60 percent myself 1 minute. not pass this budget. dependent on Medicare, and I believe The continued claims from the other I will finish with this quote, where that many of those hospitals are going side that there are cuts in Medicare we get a sense of what the Republican to face the real possibility of closure and Medicaid are no more true this leadership is about. The Speaker of the bacause of the level of Medicare cuts in year than they were last year. My House said, and I quote. ‘‘We don’t get this Republican budget. friend from New Jersey, I believe, rid of it in round one because we don’t But I would also like to talk about knows that I spent untold hours in hos- think it is politically smart and we Medicaid. Medicaid is the program that pitals during the debate on Medicare don’t think that’s the right way to go exists right now. It is a Federal and last year. There was no thought among through a transition. But we believe State joint program that pays for poor the hospital administrators at the con- it’s going to wither on the vine because people, or people below a certain in- clusion of that period of time that any we think people are voluntarily going come, and primarily pays for mothers hospitals were going to close anywhere to leave it.’’ with dependent children, and children, in New Jersey, and seniors would ex- They would like to see it wither on as well as for senior citizens who are in pect the same level of benefits that the vine. Medicare should wither on nursing homes. they had received before. the vine. That is not the value, that is What the Republicans are proposing It is true that the rate of growth in not the priority, that is not a safe, se- is a $72 billion cut in Medicaid funding the program would have been reduced cure, dignified retirement for seniors but block granting the program, just as somewhat, but there was not a single in this country who have earned it. they did in 1995, so they are essentially penny of cuts in that budget, nor is Mr. HINCHEY. Mr. Chairman, I yield sending less money in real terms back there in this. 1 minute to the gentleman from Massa- to the States and leaving it up to the Mr. HINCHEY. Mr. Chairman, I yield chusetts [Mr. MEEHAN]. Mr. MEEHAN. Mr. Chairman, we States to decide who is going to be cov- 21⁄2 minutes to the gentlewoman from want to balance the budget. There is a ered and what kind of coverage there Connecticut [Ms. DELAURO]. Democratic plan to balance the budget. will be. Ms. DELAURO. Mr. Chairman, I So what is going to happen is that thank the gentleman from New York The question is this: Are we going to many States will simply not provide for yielding me the time. ask for shared sacrifice? Who is going to pay the price to balance the budget? the same level of funding. They will de- Mr. Chairman, there has been much The budget actually increases the cide not to cover certain senior citi- discussion about the new Republican deficit in the first year by $17 billion. budget and about how moderate it is, zens, perhaps certain nursing home We are going to have to borrow $17 bil- but in fact this budget is in most ways coverage; or they will say that certain lion to pay for tax cuts in the first year as harsh as the budget that was pro- children at a certain age, for example of this budget. are not covered by Medicaid; or certain posed by the Republicans last year, and In addition to that, we have cor- families, because they do not fall below which the American public said to the porate welfare cuts that would be dif- a certain level of income, will not be President of the United States, 60 per- ficult politically to institute because covered by Medicaid. cent of them, veto this budget because the special interests are supporting it We will see a larger and larger num- it does not treat seniors well. It hurts in the Halls of Congress. We could do a ber of people who do not have health seniors, it hurts education, it hurts the better job of cutting corporate welfare. insurance, or a crisis perhaps in the environment and it hurts those who This budget does not do that. nursing home situation, where many are in nursing homes. This budget looks at education and senior citizens will either not have ac- The plain truth is that under the Re- again cuts education, again cuts the cess to nursing home care that they publican Medicare plan, this time growth in the Medicare program. We need, or they will not have the quality around, deja vu all over again, seniors have to make difficult decisions, Mr. of care that they have now because end up paying more and getting less. In Chairman. Let us make them fairly. there will not be a certain amount of the end, the worst fear of all is that Let us ask all Americans to share that supervision or nurses checking on the seniors are going to be left with a sec- burden. situation in nursing homes, for exam- ond-rate health care system. We just passed a defense authoriza- ple. Rural hospitals are in danger of clos- tion budget that increases the defense So we are seeing a ratcheting down, ing. Hospitals in my district came to budget above what the Pentagon asked if you will, of the Medicare program see me in the last budget debate about for by $13 billion. Is that shared sac- and the Medicaid program, and that is their concern and their inability to be rifice? We should vote for a budget that the same thing that we saw last year; able to provide services. is fair. This budget is not fair. that is hurting average Americans, The Republican proposal cuts Medi- Mr. HINCHEY. Mr. Chairman, I yield particularly the senior citizens and care by $168 billion. My Republican col- 11⁄2 minutes to the gentlewoman from those who depend on Medicaid. leagues say they are cutting Medicare Florida, Ms. CORRINE BROWN. Now, what about on the education to ensure its solvency, but in fact the Ms. BROWN of Florida. Mr. Chair- front? Well, on the education front, it President’s budget protects Medicare man, I rise in opposition to this Repub- is pretty much the same thing again. solvency for the same number of years, lican budget which, once again, bal- We see the elimination of the direct but does so without making these same ances the budget of this country on the student loan program. In my home deep cuts. backs of our poor, our elderly, our vet- State of New Jersey, Rutgers has de- Do not believe the argument about erans and our children. pended on this a great deal. It has ex- slowing the rate of growth. If we have This budget represents the philoso- panded educational opportunities, pro- more seniors in the program and we phy that those who have the money vided more money for loans for stu- have inflation costs, and we do not make the rules. It rewards those who dents in various universities and col- meet those needs and we do provide an have, and punishes those who have not. leges around the country. increase, we have left these people Instead of evenly distributing the We see an end to new funding for Per- shortchanged and some people will not burden of responsibility in this fiscally kins loans, another form of funding to get services. challenging time, the Republicans have pay for higher education for many stu- The Republican cuts in Medicare are decided to rob the poor and working dents. We see the elimination of the unnecessary. So why are we proceeding people to pay the rich. In other words, AmeriCorps Program; and the Repub- with them? Could it be that they are more reverse Robin-Hood. licans have been very critical of the cutting Medicare more than they need Mr. Chairman, this budget denies as- national service program. so that they can pay for some other sistance to children if they’re born into So whether it is education, whether things, like tax breaks for the wealthi- a family already on welfare. It cuts $20 it is Medicare, Medicaid or even the en- est Americans? No coincidence, again, billion from the earned income tax vironment, which once again has sig- that their tax package is $175 billion. credit—which currently helps the poor- nificant cuts, that is the difference This budget unravels 30 years of est in this country who are working for here between those two proposals. progress in protecting our seniors. a living. H5130 CONGRESSIONAL RECORD — HOUSE May 15, 1996 It cuts Medicaid by $72 billion, so b 1945 administration on a recovery in business prof- that disabled people, senior citizens, Most of them will be elderly people its. This study refutes the notion that business children and pregnant women will suf- because mostly elderly people benefit profits cause income stagnation. And instead fer unjustly. In my State alone there from the programs of Medicare and demonstrates that healthy business profits are more than 3 million senior citizens. Medicaid. If we follow their priorities, tend to generate compensation gains for They make up more than 20 percent of our educational programs will be seri- American workers. the population. This budget is a slap in ously deficient. From the elementary This study also shows that when appro- their faces. and secondary level, in fact beginning priate inflation measures are used, hourly Another inefficient move by the Re- at Head Start, right on through Pell wages and benefits received by the typical publicans is cutting job training and grants, there will be less educational worker increased about 26 percent between education programs, which will have opportunity in this country. Middle- 1973 and 1994, after adjustment for inflation. an adverse effect on this country. class people will be unable to send This study demonstrates that there is a very It ensures that poor people will have their children to college. We will have close relationship between productivity and an even harder time getting student a country that is not benefiting from compensation growth during this period. loans, financial aid and work study. the benefits of their education. As we know, the real problem is that real And it guarantees that people who need So these are the differences. They are median family income is stagnating under the the job skills won’t get them. This basic, fundamental differences. Our Clinton administration. Other income meas- isn’t sound fiscal policy. budget is better. Their budget is worse. ures of earnings are also flat or declining. We This isn’t just a bad budget, it’s a We need to defeat theirs and pass ours. must do something to protect American fami- mean-spirited budget. I urge my col- Mr. SAXTON. Mr. Chairman, I yield lies from the Clinton crunch. The tax relief pro- leagues to accept the responsibility of myself the balance of my time. vided in the Republican budget is a good first representing the people of this country Let me just say to the folks here step. in a fair and decent manner. Oppose Mr. HAMILTON. Mr. Chairman, one of the from the other side of the aisle, our this budget. key questions facing policymakers today is goals are twofold. The goals of this In closing, I would like to say that what can be done to help improve the stand- budget are twofold. One is to set the ‘‘To whom God has given much, much ard of living for the average American. I hear right priorities, and the second is to is expected.’’ from people all the time who tell me they are get our economy moving again. I have Mr. HINCHEY. Mr. Chairman, how working harder and longer than ever, but they tried to talk over the last hour about much time is remaining? feel squeezed and are just barely getting by. the economic implications of this The CHAIRMAN. The gentleman I believe we must make a determined effort in budget as opposed to yours. I believe from New Jersey [Mr. SAXTON] has 1 this country for a higher rate of economic all Americans will be better off if we minute remaining, and the gentleman growth. That must become one of our Nation's can get the economy going again and from New York [Mr. HINCHEY] has 2 top priorities. Higher growth will come from get median income on the way up minutes remaining, and the gentleman more saving and investment and from greater again. Where I take some umbrage from New Jersey has the right to close. productivity, and it will do much to improve the with my friends from the other side of Mr. HINCHEY. Mr. Chairman, I yield outlook for working Americans. the aisle is their incorrect use of the myself the balance of my time. State of economy: All of us know that the word ‘‘cut.’’ Anybody can see, this Mr. Chairman, over the course of this overally economy is doing reasonably well. chart represents what our proposal is debate we have tried to demonstrate Growth and inflation are both around 2 per- with Medicare. Over the last 7 years, that there are substantial differences cent. Many jobs are being created and the un- we have spent $920 billion on Medicare in priorities between the Democratic employment rate is low. The deficit is going programs. Over the next 7 years, we party in this House and the Republican down. Stock prices are at an all-time high. But propose to spend $1.479 billion. If you party. Nowhere are those priorities at the same time, there is tremendous uneasi- call that a cut, you have been in Wash- more clearly defined than in the con- ness about the economy. Layoffs and ington too long. This is an increase, text of budgeting, and this budget con- downsizing are continuing as the inevitable re- not a decrease. It is a substantial in- tinues that clear definition. sult of global competition and technological crease, not a decrease. So I say to my We want to balance the budget, too, change. There is job insecurity, enormous in- friends, let us play fair. Let us tell it and we are in the process of doing pre- come inequality, and significant pressure on like it is. cisely that. When I came to this Con- families. gress, coincidently when President THE PRICE OF BIG GOVERNMENT I believe President Kennedy was right when Clinton was elected, the annual budget Mr. QUINN. Mr. Chairman, recently the Joint he talked about a rising tide lifting all boats. deficit was approximately $290 billion. Economic Committee released a major study We must have stronger economic growth. If we had continued the economic poli- on the impact of excessive Government Economic growth: Economic growth is the cies of the Bush Administration, by the spending on total worker pay and benefits. rate at which the overall economy grows from year 2002 the budget deficit would be This study, the impact of the welfare state on each year to year. In 1994 our Nation's total pushing $600 billion. As a result, how- workers, shows how excessive Federal spend- output of goods and servicesÐgross domestic ever, of the budget resolution of 1993, ing has depressed the growth of productivity, productÐwas $7.1 trillion and in 1995 GDP the deficit has been coming down sub- wages, and benefits over the last two dec- was $7.25 trillion, for a growth rate last year stantially. ades. of 2 percent. As a matter of fact, today the budget According to this JEC study, when Federal The U.S. growth rate has slowed since the deficit is not $290 billion, as it was in spending as a share of GDP exceeds 17.4 decades after World War II. Economic growth January of 1993, it is approximately percent, additional Federal spending becomes averaged a robust 3.9 percent per year in the $140 billion, less than half of what it literally counterproductive. These negative re- 1950's and 4.3 percent in the 1960's, but it was approximately 3 years ago, and it sults are reflected in lower productivity and has dropped to 3.2 percent in the 1970's, 2.7 continues to decline. We have reduced compensation growth. As a result of excessive percent in the 1980's, and, with the 1990±91 the deficit without cutting Medicare, Federal spending over the last two decades, recession, 1.8 percent so far in the 1990's. without cutting Medicaid, without cut- the typical worker has lost a sum total of We need to do better. Many economists ting education, without cutting protec- $106,800, enough money to purchase a me- beleive that we should be striving for growth of tion for the environment, without cut- dian price new home in 1993. around 3.5 percent per year over the long ting veterans benefits. At current levels, each additional $1 of Fed- term. They believe that the structure of the Although our friends and colleagues eral spending lowers the sum total of workers economy has changed in recent years to allow on the other side of the aisle protest compensation by 26 cents. In other words, an that kind of growth without reigniting inflation. when we claim that they are cutting it, extra $100 billion of Federal spending would Growth in the material standard of living is the fact of the matter is if we follow lower total compensation available to Amer- obviously not the sole measure of success as their priorities, fewer people will get ican workers by $26 billion. a society. But strong, balanced, and sustained health care in this country next year This study also debunks the myth advanced economic growth helps in many ways. Jobs and the year after that and the year by Labor Secretary Robert Reich that seeks to multiply and wages rise during periods of solid after that. blame the income stagnation under the Clinton growth. Prior to the 1970's when we had May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5131 strong economic growth, wage growth was deal with the human problems that emerge. more than $4.3 billion each day this year; and also solid. But as the economy has slowed, We should do all we can, for example, to cre- of that amount, $446 million per day is deficit wage growth has flattened out. Strong eco- ate a system of portable pensions and port- spending. Our Nation's Federal debt and year- nomic growth also makes it easier to balance able health care to cushion the transition for ly deficit continues to be one of America's the budget, as the growing economy boosts people who have to move from one job to an- darkest clouds. Even if we do balance the revenues and reduced social safety net costs, other. We must find ways of providing profit budget in 6 years, our Nation's debt will in- and it makes it easier for Americans to tackle sharing and stock ownership plans for employ- crease to over $7 trillion. The debt stymies a variety of domestic problems. Strong eco- ees, not just for the top corporate manage- personal economic growth, business develop- nomic growth alone cannot solve the nation's ment, so everyone has a greater stake in the ment, job creation, and puts in doubt whether problems, but without it they are likely to be- success of our companies. we will hand our children an opportunity for a come increasingly difficult. Conclusion: In sum, our objective is simple: better life that we have had. We need, in short, an economy that will pro- higher growth in the American economy. That The national debt is still manageable. We vide employment for everyone willing and able basic goal needs to become the much more can and we must balance the budget by fixing to work, and an economy that will provide op- central focus of what the Federal Government ineffective government programs and slowing portunity for a consistently higher standard of does on a variety of frontsÐwhether it be our the growth of government spending. It is a living for those employed. The only way I budget or tax policy or our trade, regulatory, commonsense approach to balancing our know to get that is with strong private sector and public investment policy. In the end I think budget. My hope is to balance our Federal growth. That growth will come from higher lev- what is important for working people is for this budget using a thoughtful and caring process els of investment and superior public services. economic system of ours to grow and to cre- of time, as we move to streamline Federal Pro-growth agenda: I believe there are sev- ate more good-paying jobs. We don't know all programs and shift functions to the State and eral parts to a pro-growth agenda. First, we the answers about getting higher growth, but local level. It is unfortunate the President con- must balance the federal budget. Large Fed- we know some of them, and we should get tinues to embrace a big Federal Government eral borrowing drains the pool of national sav- about the business of implementing them. in the hope it can be all things to all people. ings available for productive private sector in- Mr. NADLER. Mr. Chairman, I rise in oppo- Just weeks after President Clinton told vestment and it drives up interest rates. sition to this budget resolution. If a budget is America during the State of the Union Address Progress has been made on the deficit, as it a statement of priorities, this document dem- that the day of big government is over, he has been cut in half over the last 4 years. We onstrates beyond a reasonable doubt that the sent Congress a budget that is more of the need to build on that progress, put aside our Republican majority still doesn't care about av- same. Greater than 64 percent of his deficit partisan differences, and balance the budget. erage, working Americans. It is mean spirited reduction comes after he would leave office if Second, we need to reform the federal tax and short sighted. elected to a second term, effectively ``passing system so economic growth becomes a much Although the Republican majority proposes the buck'' once again. In fact, his budget more central objective. That means it has to to increase military spendingÐspending nearly would raise the deficit from $158 billion this do a much better job of encouraging saving $13 billion more than the Generals in the Pen- year to $164 billion next year. The President's and investment. How it should be restructured tagon say we needÐthey continue to attack budget does not reform welfare as we know it, to achieve that is a matter of debate. We may programs that help the poor and the middle it does not preserve and protect Medicare need a variation of the flat tax, a lower tax on class, that make life better for the majority of which is going broke at a faster rate than the President previously stated, nor does it elimi- capital, or a system of taxing consumption in- Americans. stead of investment, but we must put at the They want to cut $215 million from the nate one Federal agency. I believe this is the wrong direction during a top of our national agenda a search for a tax Health Resources and Services Administra- time when over 40 percent of all the money system that enhances growth. tion, which funds Maternal and Child Health taxpayers earn goes to paying taxes. That's Third, we must expand our trade opportuni- Block Grants, Ryan White AIDS programs, rightÐfor every dollar the average Hoosier ties and open foreign markets to U.S. prod- community health centers, family planning, makes, 40 cents goes to pay local, State and ucts. Jobs in exporting industries tend to be and targeting programs for health professions. Federal taxes. Taxpayers know how to better higher-paying, so our companies must have They cut $398 million from the Department spend their money than the government does. fair access to the rapidly growing markets of Health and Human Services. The President's budget increases taxes on overseas. We need to continually review and They freeze the National Institutes of Health capital gains that will result in Hoosiers paying adjust U.S. trade policy to make sure it is at last year's levelÐa cut of 15.9 percent in more in taxes once again. At a time when Re- working in our national interest and is helping real dollars by the year 2002. publicans are trying to decrease the capital to expand our economy and good-paying jobs. They freeze the Special Supplemental Nutri- gains tax, the President's budget increases Fourth, we need to curb excessive and cost- tion Program for Women, Infants and Children. taxes on capital gains to a tune of $4.1 billion. ly Government regulations. Many Federal reg- They slash housing programs by $20 billion There is nothing in the President's budget ulations provide important health and safety over 6 years. that would encourage venture capitalists to put protections. But overall we need to make sure They cut libraries by 20 percent, Aid to up money to provide new or existing compa- their benefits exceed their cost and they are Higher Education Institutional Development by nies with means to create and ensure Ameri- carried out in the least burdensome way. Reg- $46 million in 1997, and Job Corps by $88 cans jobs. Wages are stagnated and more ulations should recognize that a vibrant private million. and more people believe the country is head- sector is the best engine for economic growth While they cry crocodile tears over the ed in the wrong direction. and jobs. working poor, they cut the Earned Income Tax In contrast, the Republican Congress has a Fifth, I also think we need higher levels of Credit which helps people who earn the lowest very different agenda. We have passed a public investment in infrastructure. Federal, wages and work hard to raise families get by. number of measures to eliminate Washing- State, and local governments need to invest in They kill the NEA and the NEH. ton's reckless nature when it comes to spend- more and better roads, bridges, highways, They eliminate operating subsidies for mass ing taxpayers hard-earned dollars. In the past water systems, sewer systems, harbors, ports, transit by 2002, even though it is the cleanest, year and a half we have passed: airports and all the rest that helps make the most environmentally sound transportation al- The Balanced Budget Downpayment Act II. private sector more productive. We also need ternative, but they are willing to destroy the This legislation saves the American taxpayer to promote investment in research and tech- Arctic National Wildlife Refuge to drill for more over $23 billion in 1996 alone. Signed by the nology, which boosts economic growth. oil. President. Finally, we need greater attention to upgrad- We need a budget that helps low- and mid- The line-item veto. This legislation will allow ing the education and skills training of our dle-income Americans, educates our kids, the next President the ability to cut wasteful workers. Improving educational performance is makes our infrastructure more efficient, en- spending. Signed by the President. an absolute priority in today's world so all forces the law and preserves our environment Tax Fairness and Deficit Reduction Act. AmericansÐnot just those at the topÐcan and our health. I urge my colleagues to reject Provides working Americans, senior citizens, prosper as the economy grows. Education is, the Republican budget resolution. farmers, and small businesses with $245 bil- of course, primarily a State responsibility, but Mr. BUYER. Mr. Chairman, the Federal debt lion in tax relief. This bill was incorporated in it is a national problem. Access to higher edu- is over $5 trillion. Interest alone on the Federal the Balanced Budget Act. It was vetoed by the cation and more skills training is a must. debt this year will cost $2,340 for every President. I do not suggest that such changes will household in Indiana's Fifth Congressional Senior Citizens Right to Work Act. Allows come about easily. We must be prepared to District. The Federal Government will spend senior citizens who need or want to work to H5132 CONGRESSIONAL RECORD — HOUSE May 15, 1996 earn income up to $30,000 without penalty to ancing the Federal budget means a reduction when they can't effectively manage the simple their Social Security benefits. Signed by the in interest rates by approximately 2 percent. input of financial data into a computer? Presi- President. As a result: dent Clinton thinks they can, and plans to Balanced Budget Act. It balanced the Fed- A family with an average mortgage of completely replace the private-sector lending eral budget by the year 2002 by eliminating $75,000 will save $37,000 in interest rates programs with his Direct Loan Program. Re- over 163 wasteful Government programs while over the life of the loanÐan annual savings of publicans think the end of big government reducing the growth of many programs. Ve- $1,200. should start hereÐPresident Clinton's Direct toed by President Clinton. A student with an average loan of Student Loan Program should end. Unfunded Mandate Reform Act. Restricts $11,000Ðover 10 yearsÐwill save $2,160 In conclusion, I believe this is a responsible the ability of the Congress to pass laws which over the life of the loanÐan annual savings of budget which protects our children's futures impose additional costs to State and local gov- $216. and returns power to the American people. I ernments, unless Congress provides funding A family buying a $15,000 car will save urge my colleagues to support the budget res- to cover such expenses. Signed by President $900 in interest over the life of the car loanÐ olution. Clinton. an annual savings of $225. Mr. ALLARD. Mr. Chairman, I want to com- The Personal Responsibility Act. This legis- For the first time in over 40 years, the dis- mend Chairman KASICH for his leadership on lation would have brought true reform to our cussion has turned from not ``if'' we will bal- this budget. Once again, the Budget Commit- failed welfare system. It focuses on strong ance the Federal budget but to ``when'' we will tee is leading the way in downsizing the Fed- work requirements, the preservation and im- balance the budget. This is a significant eral Government. portance of the family, the reduction of illegit- achievement. The debate has been shifted This budget shifts power, money, and influ- imacy, and the elimination of certain benefits and we must now pass a balanced budget ence out of Washington and back to the peo- to noncitizens. The President vetoed this legis- that places our goals into law. ple. It keeps us on the path to balance and lation. Our current balanced budget debate in- ensures that Congress will continue to make The Republican budget resolution continues volves two very different visions for America's the tough choices necessary for deficit reduc- our efforts to end the fiscal madness. It shifts future. The President defends the status quo tion. the power, money, and influence out of Wash- of bigger government, deficit spending, and This budget will eliminate deficits entirely by ington and back into the hands of Hoosiers. It more government intrusion into our daily lives. 2002. We can then begin the very difficult task provides at least $176 billion in tax reliefÐin- I see a different future. Government over-regu- of reducing the $6 trillion debt that we will cluding a middle-class tax credit, a reduction lates, has grown too big, spends too much, have built up by that time. Let us not forget, in the capital gains tax rate and other incen- and taxes you too high. We must work to- even when we end deficits we still have a tives for saving and investing for economic gether to achieve a balanced budget for a huge bill to pay from past congressional ex- growth and job creation. more prosperous future. cess. The budget resolution incorporates repeal of Mr. GOODLING. Mr. Chairman, I rise in A balanced budget is about much more than the 1993 Clinton gas tax, an adoption tax support of the fiscal year 1997 budget resolu- numbers. It means higher wages and more credit, enhanced health insurance deduction tion. This budget continues to build on the Re- jobs. This results from the lower interest rates for the self-employed, medical savings ac- publican promise to the American people to and the greater saving and investment that count, and long-term care incentives. reign in our national deficit and to move power become possible when Congress exercises The budget resolution reforms the failed and influence from Washington, DC back into the necessary discipline. welfare and Medicaid systems, promoting local communities. This is a responsible budg- This Congress has been responsible for a work and self-reliance. It assumes a 27-per- etÐone that every year while maintaining our reduction of $40 billion in discretionary spend- cent increase in funding for welfare and a 46- commitment to our Nation's most precious re- ing in 1995±96. We have already begun to percent increase for Medicaid. In addition, it source: our children. see the fruits of that labor with lower interest calls for increasing Medicare spending from Balancing our national budget is one of the rates. This means everything from lower mort- $179 billion in 1996 to $304 billion in 2002Ð best things we can do for our children's future. gages to more affordable college loans for mil- a 70-percent increase in Medicare spending. It is the primary responsibility of Members of lions of American families. Under this plan, Medicare spending per bene- this HouseÐand a responsibility that Repub- One thing that I have learned in the past ficiary would increase from an average of licans have proudly acceptedÐto ensure that year and a half is that achieving a balanced $5,200 in 1996 to $7,000 in 2002. we do not leave our children a legacy of mas- budget is going to be a long hard battle. We The plan cuts bureaucracy by terminating sive debt. are going to fight that battle, and we are going the Departments of Commerce and Energy The budget resolution before us today also to win that battle. But the tremendous struggle and the elimination of 130 Federal programs. returns the responsibility for a child's edu- to get to this point proves why we need a bal- It recommends the elimination of special inter- cation back where it belongsÐin the hands of anced budget amendment to the Constitution. est corporate subsidies and tax loopholes, in- parents and local communities. As chairman Mr. Chairman, this is a budget for our chil- cluding the advanced technology program. Na- of the Economic and Educational Opportuni- dren. It is time we start thinking about them tional defense spending would increase $12.1 ties Committee, I know firsthand the size and and put an end to deficits. There is no free billion. It provides $4.1 billion in 1997 for the burden of the Federal education bureaucracy. lunch; if we do not pay the bills today, our chil- Violent Crime Reduction Trust Fund, and $5.1 Over the past several months, my committee dren will pay them tomorrow. billion more over 6 years in discretionary has identified 760 Federal education programs I urge my colleagues to join me in strong spending for veterans than the President's spread throughout 39 Federal agencies. I am support of this budget. budget. pleased that the budget before us today en- As I stated in the Budget Committee, I have In education and the environment, the Re- courages each of us to take a long, hard look two recommendations for improvement as this publican budget resolution again calls for the at our education programs and to move the budget works its way through the process. elimination of Goals 2000, continued growth in basic responsibility for our chlldren's education First, our welfare reform savings are too mod- student loan volume from $26.6 billion in 1996 back to parents and local communities. est. While we reduce the growth of welfare to $37.4 billion 2002, elimination of the Gov- I strongly support providing assistance to programs, these programs continue to grow ernment-run direct lending program, and level our young people to help make the dream of and they continue to be subject to excess funding for title I programs. At the same time a college education a reality. However, I am Federal control. it calls for continued funding of Head Start, concerned that the Department of Education, I recommend that we freeze welfare spend- Pell grants, Aid to Disadvantaged Children, which administers the Federal student aid pro- ing and then block grant all funding to the and the Drug-Free Schools Program at current grams, is showing clear warning signs of mis- States. This would save the taxpayers far levels and increases funding for total student management. Their recent problems in proc- more through 2002. It would also permit the loans. The budget resolution calls for funding essing financial aid applications raise serious States total freedom to reform welfare. The to improve the quality of the Nation's parks concerns about their ability to oversee the States could require work, job training, and and reform and increased funding for the Federal Direct Loan Program. One-and-a-half education, they could limit the time on welfare, Superfund Program. million students were involved in this delay. and they could include a cap or other reforms Balancing the Federal budget is vitally im- The fiasco should serve as a wake-up call. designed to end welfare and move ablebodied portant to our Nation's ability to be a world Can we trust this Department to issue, track, recipients from dependency to work. leader. It also has very real effects on the per- and collect loans of millions of college stu- The States are where the true reforms are sonal pocketbooks of Indiana families. Bal- dents, who borrow billions in taxpayer funds, occurring with welfare. Unfortunately, States May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5133 that now propose dramatic welfare reform too many questions and the implications are SPECIAL ORDERS must come to the Federal Government and far too serious to implement a $168 billion The SPEAKER pro tempore. Under beg for waivers. This is wrong; States should change. Medicare has worked and has pro- the Speaker’s announced policy of May be free to design their own reforms. vided access to affordable, quality health care 12, 1995, and under a previous order of The second recommendation I make is that for millions of senior citizens. Do we have to the House, the following Members will we use a portion of these additional welfare jeopardize this success in the name of tax be recognized for 5 minutes each. savings to make the proposed reduction in the cuts for the wealthy? f Federal gas tax permanent. State and Federal The CHAIRMAN. Pursuant to the gas taxes now total over 40 cents a gallon. order of the House of Tuesday, May 14, The SPEAKER pro tempore. Under a This is a tremendous burden on the middle 1996, the committee rises. previous order of the House, the gen- class and working poor; it also hits particularly Accordingly the Committee rose; and tleman from Indiana [Mr. BURTON] is hard in the high mileage States out west. Re- the Speaker pro tempore (Mr. NEY) recognized for 5 minutes. pealing the 1993 increase would save tax- having assumed the chair, Mr. CAMP, [Mr. BURTON of Indiana addressed payers in my State of Colorado $70 million a Chairman of the Committee of the the House. His remarks will appear year. Working families deserve welfare reform Whole House on the State of the Union, hereafter in the Extension of Re- and they deserve tax relief. reported that that Committee, having marks.] Mr. UNDERWOOD. Mr. Chairman, the ma- had under consideration the concurrent f jority's budget proposal reads like a hit list of resolution (H. Con. Res. 178) establish- The SPEAKER pro tempore. Under a education programs from Goals 2000 to stu- ing the congressional budget for the previous order of the House, the gen- dent loans to education improvement grants. If United States Government for fiscal tleman from West Virginia [Mr. WISE] a budget proposal reflects a party's priorities, year 1997 and setting forth appropriate is recognized for 5 minutes. then education is the least of the concerns of budgetary levels for fiscal years 1998, [Mr. WISE addressed the House. His the majority party. I am dismayed because my 1999, 2000, 2001, and 2002, had come to no remarks will appear hereafter in the personal priority has always been educationÐ resolution thereon. Extension of Remarks.] my life's work has been in education. It is in- f cumbent upon those of us who do understand f the importance of the investment in our GENERAL LEAVE THE CAREERS ACT, CONCERNS schools and colleges to call attention to the Mr. HINCHEY. Mr. Speaker, I ask VERSUS REALITY damage that this budget proposal will wreak unanimous consent that all Members on school systems. The SPEAKER pro tempore. Under a may have 5 legislative days within previous order of the House, the gen- Some of these budget cuts are downright which to revise and extend their re- tleman from Pennsylvania [Mr. GOOD- mean-spirited and are not based on the effec- marks on House Concurrent Resolution LING] is recognized for 5 minutes. tiveness of a programÐthe bilingual education 178. programs are targeted for elimination as a Mr. GOODLING. Mr. Speaker, I am The SPEAKER pro tempore. Is there amazed at what length special groups consequence of an ongoing attack on immi- objection to the request of the gen- grants and minorities. and organizations will go to in order to tleman from New York? stir up controversy, manufactured con- I remember the good old days when the There was no objection. majority even had a President boasting that he troversy so they can get contributions wanted to be the ``education President''. I urge f to keep their organizations going. my colleagues to oppose the cuts to edu- COMMUNICATION FROM THE CHIEF We are working for years on a bill cationÐif it is asking too much for us to be the ADMINISTRATIVE OFFICER OF called the careers bill. It started when ``education Congress'', let us at least avoid our THE HOUSE the General Accounting Office indi- going down in history as the ``slash and burn cated that there are 163 Federal job The Speaker pro tempore laid before Congress''. training programs spread over every Ms. SLAUGHTER. Mr. Chairman, I rise the House the following communica- agency downtown possible, most of today to express my concerns about the Re- tion from the Chief Administrative Of- which are totally ineffective. Many are publican efforts to radically alter the Medicare ficer of the House of Representatives. duplicative, and so we set out to see program. While the Republican budget resolu- OFFICE OF THE CHIEF ADMINISTRA- what it was we could do, first of all, to tion is short on details, I am assuming that TIVE OFFICER, U.S. HOUSE OF REP- consolidate these programs to elimi- RESENTATIVES, nate those that overlap and are redun- they will follow the model that they proposed Washington, DC, May 10, 1996. dant and return the power and the au- last year in order to meet their $168 billion re- Hon. NEWT GINGRICH, duction in Medicare spending over the next six Speaker, U.S. House of Representatives, Wash- thority back to the State and particu- years. ington, DC. larly back to the local communities so Republicans are proposing changing Medi- Re District of Columbia versus Yvette Yo- that they could plan job training pro- care from a defined benefit to a defined contri- landa Jones. grams that would actually prepare peo- tion program. It does not propose controlling DEAR MR. SPEAKER: This to formally notify ple for jobs that will exist in that par- costs, but simply shifts those costs form the you pursuant to Rule L (50) of the Rules of ticular area. Federal Government to senior citizens and the House that an Office of Finance has been Well, as I indicated, it is amazing at providers. It will end the prohibition against served with a subpoena issued by the Supe- what lengths some of these organiza- rior Court of the District of Columbia. tions would go to keep filling their cof- balance billing and allow doctors and hospitals After consultation with the General Coun- to bill senior citizens for extra or added sel, I have determined that compliance with fers so that they can stay in business. charges. It would even allow HMOs to charge the subpoena is consistent with the privi- Of course, the only way they can stay seniors extra for the basic Medicare package. leges and precedents of the House. in business is to create controversy. My Republican colleagues need to remember Sincerely, Whether it is there or not, they create that 18 percent of seniorsÐwhich is about 7 SCOTT M. FAULKNER, it. million peopleÐare living on less than $7,000 Chief Administrative Officer. Mr. Speaker, now let me mention a year. Can they afford these new hidden, f some concerns and then some facts. extra charges? First concern: Does the careers bill I attempted to discuss these concerns with HOUR OF MEETING TOMORROW merge the Departments of Education the Budget Committee, I was told not to Mr. RAMSTAD. Mr. Speaker, I ask and Labor? The fact: No, nothing in ca- worryÐthese terrible things simply will not unanimous consent that when the reers merges these Departments. happen. But, with little or no details, it is hard House adjourns today, it adjourn to Second concern: Does careers ref- to understand how they plan on achieving meet at 9:15 a.m. tomorrow, May 16, erence Goals 2000? Fact: No, there is no $168 billion in savings without shifting costs or 1996. reference to Goals 2000 in the bill. forcing seniors into restrictive managed care The SPEAKER pro tempore. Is there The other day I almost had an acci- plans. We should not move to these radical objection to the request of the gen- dent on the Beltway because again changes without detailed and thorough hear- tleman from Minnesota? these same groups will use any state- ings, which have not been planned. There are There was no objection. ments they want to make to prove H5134 CONGRESSIONAL RECORD — HOUSE May 15, 1996 whatever it is they are trying to prove, collection of private information on in- ative and partisan organizations. Each no matter how false it may be. So this dividuals, and these are some of the year the Bradley Foundation doles out person on the radio was saying that protections. $20 million to groups like the American these sixth-grade girls were receiving Specific language restating title 13 of Spectator, the Landmark Legal Foun- examinations, physicals in school, and the Census Act relating to confiden- dation, the Free Congress Foundation, they were very thorough physicals. He tiality of information. Specific lan- and others who attack the President was very upset, and it was because of guage that states nothing in the act and First Lady in a highly political Goals 2000 and outcome-based edu- shall violate the Family Education and often personal fashion. cation that they were receiving these Rights and Privacy Act under section We can conclude then, Mr. Speaker, physicals. 249 of the General Education Provi- that Independent Counsel Ken Starr’s Now, how ridiculous can anybody be. sions Act. Specific language that all personal wealth—he made well over $1 Physicals, when I was a principal of labor market data is aggregated from million dollars last year—is quite de- school, superintendent of school and a existing sources like the census, unem- pendent on a political clientele. teacher, were required by our State, ployment rates, and so on. Let’s now look at Mr. Starr’s firm, that certain grades had physicals. As a States would not be allowed to use Kirkland & Ellis, and its dealings with principal, the first doctor that I lost funds to collect data about school-age the Resolution Trust Corporation—the came in to me one day and said, I am youth. Those are just a few of the cor- key Federal agency in the Whitewater not about to continue this. He said, I rections that should be made. In future investigation. am not going to sign if I do not exam- sessions I will make all the others be- In May 1993, nearly a year before ine them, and I am not going to exam- cause again, it is sheer nonsense that is Starr’s appointment as Independent ine them and then have these being spread out there in relationship Counsel, the RTC accused Kirkland & innuendoes and so on spread all over to the CAREERS bill. Ellis of professional misconduct in the the community. My business is too im- f negligent representation of the First America Savings Bank, a failed savings portant to me. The SPEAKER pro tempore. Under a and loan association. After Mr. Starr So I had to hire another doctor who previous order of the House, the gentle- was appointed Independent Counsel, did it the way they used to do when we woman from Ohio [Ms. KAPTUR] is rec- Kirkland & Ellis paid the RTC $325,000 went through our physical in the ognized for 5 minutes. Army, stood us at the other end of the to settle the claim. [Ms. KAPTUR addressed the House. Starr, who, as senior partner serves room and said, oh, you are okay, move Her remarks will appear hereafter in on Kirkland & Ellis’ management com- on. But he got paid for that. the Extensions of Remarks.] mittee, claims he was unaware of his No, nothing in this bill references f firm’s negotiations with the RTC. Mr. Goals 2000. In fact, nowhere does the Speaker, I sincerely hope Mr. Starr was legislation require that any individual WHITEWATER INDEPENDENT blissfully unaware of this case. Be- enter into a specific career track or COUNSEL cause, during this same period, Mr. enter into employment. In fact, special The SPEAKER pro tempore. Under a Starr as Independent Counsel in the language was included to specifically previous order of the House, the gen- Whitewater Investigation, was ques- guard against such abuses. tleman from Massachusetts [Mr. tioning some of the same RTC officials Let me read a few specific protec- MEEHAN] is recognized for 5 minutes. who were involved with the decision to tions. ‘‘Nothing in this act shall man- Mr. MEEHAN. Mr. Speaker, I come sue his law firm. Again, a reasonable date that any individual, particularly to the House floor tonight to discuss person would see the appearance, if not youth served under title II of this act the independence of Whitewater Inde- the existence, of a serious conflict of be required to choose a specific career pendent Counsel Ken Starr. interest. path or major or to meet federally Six weeks ago, I wrote Mr. Starr a Mr. Starr’s appearance problems nei- funded or endorse industry-recognized letter. I asked him to immediately ther begin nor end with Brown & skill standards or obtain federally take the necessary steps to assure the Williamson or the RTC. funded endorsed skills certificates. credibility of his position by eliminat- Furthermore, Mr. Speaker, the Jus- Second, none of the funds made avail- ing even the appearance of conflicts of tice Department has launched a num- able under this title shall be used to interest in his Whitewater investiga- ber of grand jury investigations into compel any youth to pursue a specific tion. Since that time, Mr. Starr has possible criminal violations on the part career or to obtain a federally funded done nothing to rectify the situation. of tobacco companies and their execu- or endorsed skills certificate. Youth In face, he has not even responded. tives. According to the New York participating in the program under this At first, Mr. Speaker, I was surprised Times at least five grand juries have title shall be eligible to change their that Mr. Starr, who is such a highly been convened. Department of Justice’s course of study and training. successful attorney that he can pick probe of the tobacco industry rep- The problem we are faced with is and choose his clients, would decide to resents the Department’s largest inves- that people out there who somehow be- represent a tobacco company—a politi- tigation of the manufacturer of a lieve that everybody should be a col- cal foe of the President. However, as I consumer product under the Clinton lege graduate. That is a great idea. began to take a closer look at Mr. administration. What are they going to do? We now Starr’s career decisions, his representa- However, while parents and health have hundreds of thousands of college tion of Brown & Williamson fits per- advocates overwhelmingly support the graduates who either have no job or fectly into a portfolio of controversial President’s actions on curbing youth they are working at something far be- clients. tobacco use, cigarette manufacturers, neath their education. On the other The archconservative Bradley Foun- like Brown & Williamson, have retali- hand, we have hundreds of thousands of dation, is another ideological client of ated with a massive political donation technical jobs out there with no one to the Independent Counsel. The Bradley campaign to thwart the FDA’s common fill them in. Foundation hired Mr. Starr as a con- sense regulations. Political donations These same people believe that some- sultant and when Mr. Starr argued a by tobacco interests set new records how or other in high schools there is an school voucher case before the Wiscon- last year. They gave $4 million in PAC academic program or a vocational pro- sin Supreme Court, the Bradley Foun- and soft money to the two major politi- gram. They forget that a large percent- dation provided a $150,000 grant to pay cal parties and various congressional age are in a general program, and I got State’s legal fees. By defending the candidates. Tellingly, Mr. Speaker, news for you; a general program in this Wisconsin school voucher system, Mr. more than $3 million went to Repub- day and age is just that. A general pro- Starr argued directly against the Clin- licans. gram is a dead-end street by all means ton administration’s stance on an issue The Food and Drug Administration for these people Will the CAREERS bill that could very well play a role in the has proposed new regulations on to- result in the collection of private infor- 1996 Presidential election. bacco advertising and marketing to mation on individuals, especially chil- Mr. Speaker, the Bradley Foundation children. President Clinton’s leader- dren? No; the bill does not allow for the is one of this Nation’s most conserv- ship on the FDA’s regulations has been May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5135 historic. Never before has an American the Independent Counsel, it is impera- In spite of these and many other President so boldly stood up to Big To- tive that he resolve problems his large, tragic killings repeated far too often in bacco and not backed down. lucrative private practice creates. His far too many communities, we must Mr. Speaker, to say that tobacco unwillingness to address these ques- never lose hope in the war against companies, like Brown & Williamson, tions will ultimately taint any resolu- crime, and with the selfless dedication have a contentious relationship with tion in this case. of law enforcement professionals like the Clinton administration would be a Mr. Speaker, when a sitting Presi- John O’Brien, like Sergeant J.W. An- gross understatement. Never before has dent is the subject of any kind of inves- derson, like Jerry Haaf, like Paul the tobacco industry faced so many tigation, the public demands a fair and Moen, like Brian Klinefelter, like John challenges in its dealings with the Fed- impartial investigator. I do not believe Liebenstein, we will prevail in the war eral Government. Let me just add, as that is too much to ask. Currently against crime, selfless, dedicated law an aside, that problems for the tobacco though we have an independent counsel enforcement professionals like these industry are victories for America’s who seems to serve several masters. brave men and women honored today children. Mr. Speaker, the American people de- at the steps of the Capitol. The Castano suit is the largest class serve better. The President deserves Mr. Speaker, there truly is no great- action suit in history. It has been filed better. This Congress deserves better. er love than the love shown by those on behalf of all addicted smokers in the b 2000 who lay down their lives for their United States against the tobacco in- friends and their fellow citizens. We dustry. If successful, the Castano suit Mr. Speaker, Mr. Starr needs to clear must never forget the ultimate sac- will cost Big Tobacco millions and mil- up this conflict of interest. You cannot rifice of police officers who have laid lions of dollars. serve two masters. He made a million down their lives for people they do not I could not believe that the politi- dollars last year in private clients. even know. Every single visitor to our cally savvy Mr. Starr—a former Solici- Somebody who can conduct a politi- Nation’s capital should pay a visit to tor General in the Bush administra- cally charged investigation that in- the Law enforcement Officers Memo- tion—would be so naive as to not see a volves potentially the President ought rial located at the Judiciary Square serious problem in his dual role as lead to be really independent. It is time, Mr. Metro stop. The names carved in the attorney for Brown & Williamson and Starr. Answer these questions. wall of the memorial are a powerful, the Whitewater investigator. f powerful testament to the thousands of I was unnerved, to say the least, Mr. NATIONAL PEACE OFFICERS officers who have sacrificed their lives Speaker, when I turned on my tele- MEMORIAL DAY and the hundreds of thousands more vision set several weeks ago and saw who risk their lives every day protect- Mr. Starr—not in Little Rock, AR, The SPEAKER pro tempore. Under a ing our communities. working on Whitewater—but in New previous order of the House, the gen- Mr. Speaker, we honor the dead by Orleans. He was there acting as the tleman from Minnesota [Mr. RAMSTAD] respecting the living, and today we Counsel of Record, in other words, the is recognized for 5 minutes. honor law enforcement officials and lead attorney, for the entire tobacco Mr. RAMSTAD. Mr. Speaker, I rise their families for their sacrifices. industry in the Castano class action today on National Peace Officers Me- Every single time a police officer puts suit. morial day to pay tribute to the 14,064 that uniform on, he or she puts their For several years now, I have worked peace officers who have given their life on the line. to hold Brown & Williamson, along lives to protect our communities. The I also hope, Mr. Speaker, we will con- with the rest of the tobacco industry, names of these 14,064 brave men and tinue to honor the memory of our fall- accountable for manipulating the level women are permanently etched on the en heroes through our actions in this of nicotine in cigarettes, for targeting walls of the National Law Enforcement Chamber, promoting policies which America’s children in advertising, and Officers Memorial, located just a few prevent crime and violence and sup- for misleading the Congress, Federal blocks from here. porting our brave men and women in agencies, and the American people This year, Mr. Speaker, 161 new law enforcement. when it comes to the dangers of to- names were added in a candlelight vigil f bacco products. representing police offices who were Unfortunately, here is what they are killed during 1995, and anyone who at- The SPEAKER pro tempore (Mr. getting: tended the ceremony today saw the NEY). Under a previous order of the Mr. Starr, while purporting to over- families of these 161 police officers had House, the gentlewoman from Hawaii see and lead the Whitewater Investiga- to be profoundly moved, just as they [Mrs. MINK] is recognized for 5 minutes. tion, remains actively involved in an were by the President’s heartfelt re- [Mrs. MINK of Hawaii addressed the enormous private practice, over $1 mil- marks and by the beautiful singing of House. Her remarks will appear here- lion per year. Moreover, much of his Mariah Carey. after in the Extensions of Remarks.] private practice is dominated by ideo- Mr. Speaker, my home State of Min- f nesota has suffered the loss of three po- logical foes of the President. The SPEAKER pro tempore. Under a For example, Mr. Starr is employed lice officers who have died on duty previous order of the House, the gen- by Brown & Williamson—one of this since July of 1995: tleman from Florida [Mr. FOLEY] is Nation’s largest tobacco companies. In Paul Moen, a Minneapolis police offi- recognized for 5 minutes. fact, my interest in Mr. Starr’s con- cer died during a struggle; Brian flicts of interest stems from his work Klinefelter, a St. Joseph, Minnesota [Mr. FOLEY addressed the House. His for Brown & Williamson. police officer was killed just 3 months remarks will appear hereafter in the Mr. Speaker, when the sitting Presi- ago by a liquor store robber; and less Extensions of Remarks.] dent of the United States is under in- than 2 weeks ago we lost Rice County f vestigation, the public demands a fair Deputy John Liebenstein when his car and impartial investigator. I do not be- was rammed by the teenaged driver of DEBATE ON THE 1997 BUDGET lieve that is too much to ask. Cur- a stolen car. PROPOSAL rently, though, we have an Independent Tragedies like these, Mr. Speaker, re- The SPEAKER pro tempore. Under a Counsel who seems to be the servant of mind me of cop friends I have lost over previous order of the House, the gentle- several masters. the years: Sergeant J.W. Anderson of woman from North Carolina [Mrs. Mr. Speaker, the American people de- the Wayzata Police Department; Offi- CLAYTON] is recognized for 5 minutes. serve better than this, the Congress de- cer Jerry Haaf of the Minneapolis Po- Mrs. CLAYTON. Mr. Speaker, this serves better than this, and the Presi- lice Department. Just yesterday I met morning a hearing was held before the dent deserves better than this. with St. Paul police officers Mike and House Small Business Committee. The Mr. Starr fails to recognize the polit- Frank O’Brien, whose brother, John, topic of the hearing was the current de- ical context of this Whitewater inves- was killed in the line of duty 15 years bate over increasing the minimum tigation. If he is to serve effectively as ago. wage. H5136 CONGRESSIONAL RECORD — HOUSE May 15, 1996 During the hearing, I was struck by The minimum wage for many is not a fluent Society,’’ by John Kenneth Gal- the testimony of Ms. Audrey Haynes, training wage. It is not a temporary braith. It essentially said that Ameri- Executive Director of the Business and wage. It is not a teenage wage; it is a cans do not make too little money, Professional Women/USA, an organiza- miracle wage. they make too much, but they make tion that represents some 70,000 work- I ask my colleagues to imagine feed- bad choices with their dollars. It is the ing women with more than 2,000 local ing yourself and two children on $65 a obligation of an educated government groups, one-third of whom are small week. Imagine clothing yourself, pay- to tax those dollars from them and business owners, at least one in every ing for personal and health care prod- make better choices on their behalf. congressional district. ucts and doctor bills on $50 a week. If you look at the five major initia- Ms. Haynes pointed out that at $8,500 You do not go to the dentist on that tives of the first two Clinton years— a year, the ‘‘minimum wage worker’’ is budget. the budget, crime, welfare, education, more appropriately referred to as the Perhaps if you can for one moment and health care—all called for increas- ‘‘miracle worker’’. imagine the life of a miracle wage ing taxes and increasing the numbers The typical ‘‘miracle worker’’ is a worker, the mystery may clear up and of decisions that would be made in single parent, with Children. reality may set in. Washington. At the ‘‘miracle wage’’ of $4.25 per Pass the minimum wage increase. It is important to point out here that hour, each week, she brings home $182 It does not take a miracle. the Clintons are sincere. They truly do after taxes. f want to shape a future for our children She uses her ‘‘miracle wage’’ for The SPEAKER pro tempore. Under a and grandchildren that is warm and child care at $50 a week; for minimal previous order of the House, the gen- safe and secure and fair. If you’re curi- food at $65 a week; for essentials such tleman from California (Mr. RIGGS) is ous about what that future would look as clothing, personal and health care recognized for 5 minutes. like, read anything that has come out products and doctor bills at $50 a week; of the Children’s Defense Fund over the for rent in basic housing at $85 a week; [Mr. RIGGS addressed the House. His remarks will appear hereafter in the last 20 years. and for public transportation at $20 a Conservatives do not seek to shape week. She spends nothing on recreation Extensions of Remarks.] f the future because we do not know or personal pleasure. And, at the end of how. I could not satisfy 20 percent of the week, she still has a growing defi- COULD PRESIDENT CLINTON HAVE the people in any given crowd. Each cit of $88 each week. WON IN 1992 IF HE RAN ON WHAT American looks to the future with dif- With a modest increase in the mini- HE DELIVERED? ferent hopes and dreams and talents. I mum wage of ninety cents, and with The SPEAKER pro tempore. Under do know this, I could build a future the earned income tax credit, which is the Speaker’s announced policy of May that my daughter would love and my in some doubt because it too is under 12, 1995, the gentleman from Georgia son would hate. So we want to leave attack, the ‘‘miracle worker’’ can cut [Mr. LINDER] is recognized for 25 min- your dollars in your pockets and you her deficit in half. and 260 million other Americans, decid- Mr. Speaker, I am at a loss as to how utes as the designee of the majority ing on your own behalf hundreds of some of my colleagues can push for def- leader. Mr. LINDER. Mr. Speaker, on the times a week, will shape the future. icit reduction and a balanced budget, Sunday after BOB DOLE’s famous You will decide, not Washington. I do while refusing to pass a minimum wage ‘‘enough is enough’’ speech on the floor not have any idea what that future will increase that would be used by twelve of the Senate in December, a com- look like but I will be right in there million working Americans for that mentator said, ‘‘At least there is one with you making my personal choices. very same purpose. Now you see how deep and fundamen- The Small Business Administration’s adult among them.’’ The media enjoyed portraying the tal are the differences. Who decides? Office of Advocacy has assured us that conflict on the budget as adolescent be- This difference became crystal clear the impact of a minimum wage in- havior when even they must know that in the negotiations with the President crease would not be dramatic. Fewer than ten percent of the Na- we are engaged in the most profound over the budget. Frankly, we were not tion’s small businesses would be af- political debate since 1932. It can be de- that far apart on the numbers. We want fected. fined in a few words: ‘‘Who decides— to increase spending 3 percent; the That is because, contrary to popular Washington or you?’’ President wants to increase spending 4 belief, most minimum wage workers Do we continue 64 years of increasing percent. We want to assume a revenue are employed by big business, not the role of the Federal Government in increase of 5 percent; the President small business. Only 2.5 million mini- making decisions on your behalf, or do wants to assume a revenue increase of 1 mum wage workers are employed by we return to freedom and opportunity 5 ⁄2 percent. We want to increase Medi- businesses with fewer than ten employ- which made this the wealthiest, most care 62 percent over 7 years. The Presi- ees. generous nation in the history of the dent wants to increase it 64 percent. In addition, most small business own- planet? Do we trust the bureaucrats Those are the differences on which the ers already pay above the minimum and politicians, or do we trust you? President has built his case that Re- wage. That is the only way to attract The Clinton victory in 1992 was the publicans are proposing ‘‘extreme’’ and keep good workers. culmination of the liberal dream. It is cuts. Moreover, businesses with receipts of true that he ran as a ‘‘New Democrat’’. That is not where the discussions less than $500,000 are exempt from min- It is also true that he moved sharply to broke down. They broke down because imum wage laws, unless involved in the left even before he was sworn in. A Senator DOLE and Speaker GINGRICH interstate commerce. promise of a middle-class tax cut be- were not willing to compromise on our Mr. Speaker, a miracle is a mystery, came the largest tax increase in his- values. We believe that giving seniors a wonder, an enigma, a conundrum, a tory. Ending welfare as we know it more choices in Medicare will cause puzzle. How do these miracle workers turned out to be a Government job if them to shop their health care for the survive at the wages they are paid? no other job could be found. And health best deal and that competition will Perhaps the answer is that many do care reform ended up being the largest bring down costs. not. attempted takeover of the private Let me give you one example. One of Perhaps that is why drug-driven vio- economy in the history of the nation. the many meetings on transforming lence, teen pregnancy, homelessness And, of course, he led off with gays in Medicare included Healthcare benefits and hopelessness so permeate our com- the military. It is easy to see why that managers. The John Deere Co. has munities. was not mentioned in the campaign. formed its own health care company to Ms. Haynes shared with us that twen- Does anyone believe that Clinton control its costs. I asked the president ty years ago her mother was a mini- would have won in 1992 if he had cam- of John Deere health care what it mum wage worker, and today, in Co- paigned on what he delivered? would cost the Federal Government if lumbia, KY, she still earns just above The Clinton philosophy was outlined John Deere kept its retirees in their the minimum wage. best in a 1958 book entitled, ‘‘The Af- own health care system. He said $4,000 May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5137 per year and he would make a profit off largest migration of blacks into man- more Government program but for them. We are paying $5,200 this year agement in the history of the country. freedom. The Soviets learned that in per person. His offer amounted to a 25 In 1960 black illiteracy was 16 percent, just 73 years. percent savings. and the black family was the most con- Ilya Ehrenberg, a Russian poet, Why can we not get President Clin- servative, spiritual and family oriented wrote, ‘‘If all the world were covered ton to agree? because the liberals will segment of our society. with asphalt, one day in that asphalt, a not let him loosen the Federal grip on Then the poverty programs kicked crack would appear, and in that crack your choices. They feel that you make in. $5.5 trillion later the poverty rate is grass would grow.’’ That is the dream selfish decisions and that bureaucrats 14 percent in general, and among of the human spirit. That is the dream make fair decisions. Again, who de- blacks 33 percent. Illiteracy among of freedom. cides? blacks is rising rapidly. Nearly 70 per- All of this is to say the following: We also insisted that after spending cent of black babies are born out of Liberal efforts to replace your deci- $5.5 trillion in the war on poverty over wedlock, and the black family is under sions with their decisions have been a the last 30 years, we lost the war. We serious assault. colossal failure. It has been a failure want to return those Medicaid and wel- This is not to say that blacks are the for the taxpayer, but much more so for fare dollars to the State and local com- problem. They are not. But in 1965, for the generations of children destroyed munities to aid the less fortunate. the reasons we all know, a larger per- in the process. Why is it so difficult in Again, the liberals cannot let loose of centage of them were poor, and the American politics to commit a truth? the Federal grip on those decisions. If Government helped them the most. We want to end the suffering of the they return decisions to individuals I grew up in a small town in northern poor in the care and feeding of the Fed- and communities the glue that holds Minnesota near two Chippewa Indian eral Government. We want to rekindle the coalitions that comprise the Demo- reservations. The Indian children went the dream, to free the spirit, to let it crat Party dissolves. That glue is the to school with us. Every fifth-grade soar. power to decide for you. class had an Indian child at the top of This election is going to be the mean- The level of invective aimed at ef- the class. They did not graduate: teen est election in your lifetimes. Because forts to reform the welfare state is not- age pregnancies, crime, alcohol, vio- there is so much at stake. The Liberals ing short of astonishing. Governor lence, no father, in the homes. know that another loss could send For over a hundred years America Engler was accused in the press of their party the way of the Whig Party. rounded the Indians up onto reserva- causing people to commit suicide. We Like the current Democrat Party, the tions and bureaucrats told them where have been accused of starving children. Whig Party was a disparate collection to go to school, which dentist and doc- And you will hear much more. of groups who had only one thing in In Thomas Sowell’s new book ‘‘The tor to see, where to buy school clothes, common. They hated Andy Jackson. vision of the Anointed,’’ You know who and we paid the bill. The influence of When his presence disappeared, so did the anointed are, the sensitive, the car- the breadwinner was replaced by a bu- they. ing, the compassionate, the thoughtful, reaucrat with a Government check, The four building blocks of the Sowell notes how the critics of the and the breadwinner left. Democratic Party are labor, blacks, I am the only white man that ever ‘‘anointed’’, from Malthus to Burke to feminists, and gays. What in the world played baseball with the Inger Indians. Hayek, always spoke generously of the do labor and gays have in common? I was the catcher, and we had a pitcher motives of the left even while question- They all have a thirst for the power to on the team who had a curve ball that ing their policies. make your decisions for you. All four looked like it was coming at you from Milton Friedman criticized the Great groups want power because they be- third base. He was offered a minor Society, but he always says it was born lieve that they can gain economic ad- league contract that summer, but he of noble intentions. vantage in Washington that they can- However, the responses from the didn’t know if he should take it. I said, not gain in the neighborhood. Again ‘‘Anointed’’ to their critics were al- ‘‘Look, you’re 26 years old and you’ve the question: ‘‘Who decides? Washing- ways personal. The critics’s motives never had a job. Take the contract.’’ ton or you?’’ Six weeks later he was back home. I were questioned. They were called The commitment by labor unions to asked him what happened. He said, mean-spirited, hard-hearted, and cruel. spend $35 million in negative television When Thomas Malthus criticized the I just couldn’t make it. I didn’t know how commercials is their last gasp. In addi- to get an apartment so the owner had to help tion to that, they will spend another vision of Godwin and Condorcet he me. I kept forgetting where to change buses. said, ‘‘I do not question their candor or I didn’t know if I should get a black and $300 million paying the salaries of full- their integrity. I question their poli- white or color TV. I just couldn’t make all time campaigners in Democrat cam- tics.’’ those decisions. paigns. None of that will be reported to Godwin’s response? A personal attack At age 17 I was struck that Govern- the public the way that candidates re- on Malthus, whom he called ‘‘the ma- ment paternalism steals from people port the money they raise and spend to lignant man’’. the ability to make decisions about the Federal Election Commission. Re- John Lewis has equated GINGRICH to their own lives. They are all dead now. member that the next time some ‘‘re- Hitler and the Republicans in the Richie Robinson, Esica Ogema, Tom former’’ tells you that candidates House to Nazis. That was a new low for Bowstring, Frank Rabbit, Johnny spend too much money campaigning. those who substitute name-calling for Wakanabo, Tom Goggleye. Dead too But, there is hope. Do you remember debate. young. Not because Government did Ronald Reagan? Noting has changed in over 200 years. too little. Because Government did too It is important to remember how While attacking us on personal grounds much. dark the nightfall was when he began it is increasingly clear that liberals Having done so well with the Amer- running for President. On the eve of his have less interest in program bene- ican Indian, we have replicated the res- first run for the Presidency in 1975 he ficiaries than in the power to decide. ervation in every major city in Amer- spoke at the 20th anniversary of Na- That is what the anger is about: losing ica with the very same results: Teen- tional Review. In a somber moment he power. And they will stop at nothing to age pregnancies, crime, drugs, vio- quoted something written two decades regain that power, including lying. lence, no fathers in those homes. Not earlier by Whittaker Chambers. G.K. Chesterton said, ‘‘I believe in because Government did too little. Be- Chambers wrote: Liberalism today as much as I ever did. cause Government did too much. It is idle to speak of saving Western civili- But, oh, there was a happy time when In spite of the total collapse of com- zation, because Western civilization is al- I believed in liberals.’’ munism and socialism round the world, ready a wreck from within. That is why we Oh, there was a happy time. It was can hope to little more than snatch a finger- Liberals continue to believe that they nail off a saint on the rack or a handful of the time between 1948 and 1968 when are smarter than the people and that ashes from the faggots and bury them se- poverty dropped from 32 percent to 13 governments make better decisions. cretly in a flour pot until that day ages percent and black poverty from 90 per- They do not know, as we know, that hence when a few men would dare to believe cent to 32 percent. We witnessed the the human being dreams, not for one that there once was something else. That H5138 CONGRESSIONAL RECORD — HOUSE May 15, 1996 something else is thinkable and there were nized for 5 minutes as the designee of ful, happy, mirthful, good-natured, the those at the great nightfall who took loving the majority leader. word ‘‘gay,’’ the root word of gala, sub- care to preserve the tokens of hope and Mr. DORNAN. Mr. Speaker, I thank stituted for the death in their prime of truth. my colleague from California, Mrs. life of over 300,000 young males in Five years later Reagan was Presi- SEASTRAND, who will follow with 30 America who have the word ‘‘gay’’ and dent promising to rekindle the Amer- minutes that I think Members are ‘‘gaiety’’ put in the place of ‘‘sad’’ and ican dream. going to find fascinating. ‘‘play.’’ It has been said that the American Mr. Speaker, I had 60 minutes to- We have seen a word created that is dream was to own your own home. night but everybody was jumping the phony. I have four years of Latin. That is not the American dream. The gun and assuming that in a special There is no such word as homophobia. American dream is to get your kids out order tonight at 8:30 East Coast time or Phobia of man, homo? If they mean ho- of your home. And when Ronald later, 9:30 after the gentleman from mosexual phobia or decadence phobia, Reagan took office, many Americans Pennsylvania, Mr. KLINK, does his spe- that would be more accurate, but it is wondered if they ever could. cial order, that I was going to respond not a phobia. It may be an aversion to We had interest rates at 21 percent, to the Member from the Third District seeing the collapse of our society or, as inflation at 14 percent, and 11 percent of Wisconsin, STEVE GUNDERSON, on his Billy Graham put it, a great Nation on unemployment. peculiar point of personal privilege the brink of self-destruction. I shall be yesterday. We were also losing the cold war. Be- back with that theme soon. I have talked to the parliamentarians tween 1970 and 1980 the Soviet Union Mr. Speaker, Fair is fair and facts had increased its influence in Cuba, and my honor was impugned at several points during Mr. GUNDERSON’s strange are powerful. Here is Mr. Morano’s Vietnam, Cambodia, Laos, Nicaragua, powerful rebuttal to the Member from Grenada, Mozambique, Angola, Ethio- point of personal privilege. If I had been here, I could have taken his words Wisconsin who will retire in less than pia, Afghanistan, South Yemen, Libya, five months, effective Jan. 3, 1996. Iraq, and Syria. down time after time and had them On top of that one-third of our planes stricken from the RECORD. I stood not MARC MORANO REPLIES TO REPRESENTATIVE unable to fly for lack of spare parts, mesmerized but fascinated at home. I STEVE GUNDERSON one-third of our ships in dry dock, sol- will at some point, as the par- The following is my response to Congress- diers practicing with pretend bullets, liamentarians agreed, take a point of man Steve Gunderson’s (R-WI) point of per- special privilege during the middle of sonal privilege delivered on the House floor and much of our enlisted corps on food on May 14, 1996: stamps. the day, probably earlier than he did his. He did his around 3:30. That will be It is an outrage that a U.S. Congressman In his first inaugural address Reagan would interrupt a session of Congress and addressed our difficulties at home and done in good time, probably next week, and I will set straight the perversion of take to the House floor and slander the char- abroad. Then he appealed to the best in acter of a reporter whom he never met. Con- us. He said, ‘‘We can do this, because, facts that took place. gressman Steve Gunderson said on the House I am going to include for the RECORD after all, we are Americans.’’ The dec- floor that ‘‘hate and prejudice are the mo- the reply of the reporter, a man of ade of the eighties was the American tives by which Mr. Morano * * * sought to honor, Marc Morano, to Representative decade in the American century. I totally misrepresent the fund raising events STEVE GUNDERSON, it is fascinating; I and their purpose.’’ He further states that I know that the Clinton’s, during the want to put in the reply of the Family ‘‘intentionally falsif[ied] information’’ and 1992 campaign, called it the decade of Research Council, it is fascinating; and that my report is ‘‘the journalism of bigotry greed. Maybe they thought every I am going to put in again Billy Gra- and prejudice.’’ How Congressman Gunderson American was trading in cattle futures. ham’s beautiful address in the Rotunda knows all of this about me remains a mys- tery. Most Americans were not. They were on May 2 that he titled ‘‘The Hope for The Washington Times reported today that starting businesses, going to church, America,’’ where he said that we are coaching little league, teaching school, at least three other people who attended the paying an awful price for what has hap- night dance can corroborate my account. paying taxes, and giving to charity. pened in our land with moral issues. In less than a decade, Americans, not John Cloud, a city paper reporter said he And then he said, ‘‘We are a society witnessed ‘‘* * * a fair number of people government, created 4 million busi- poised on the brink of self-destruc- using drugs.’’ A columnist in Metro Weekly nesses and 20 million new jobs. They tion.’’ described the dance as follows: ‘‘We spent doubled the size of the economy and In the few moments left, Mr. Speak- much of our time out on the dance floor try- doubled revenues to the treasury. They er, I will read from a letter from one of ing to cop a feel, or back in the sponsors doubled the money they gave to char- the outstanding researchers over at lounge trying to cop a feel, or outside in the ities—to strangers—because they were Family Research Council, he was a designated smoking area trying to cop a feel and a smoke.’’ In addition, Jim Jennings, generous. stalwart at Empower America, and it And if we get the burdens of high who works for one of the sponsors of the was in response to a good friend of event admitted to seeing ‘‘very provocative taxes and too much regulation off their mine saying the Christian Coalition dancing.’’ backs, they will do it again. might be obsessed with the issue of ho- The freedom of the press is a fundamental America is great, not because of Gov- mosexuality. right set forth in the Constitution. Congress- ernment policies or wise politicians. Likewise CATO’s David Boaz used man Steven Gunderson’s character assas- America is great because ordinary peo- the term to attack the Family Re- sination of me on the House floor has a ple do extraordinary things. When we search Council in the New York Times. chilling effect on free speech. Will reporters return decisions to the American peo- Funny you don’t hear anyone accused in the future now hesitate to come forth ple and responsibilities to the commu- of being obsessed with taxes, defense of with a controversial story for fear our elect- nities I believe that they, not the Fed- our country, deregulation, education, ed leaders will use their office to attack the reporters entire career, question their mo- eral Government but they, will once or any number of other issues no mat- tives and engage in vicious name calling? again recapture the greatness we have ter how passionately they argue or how Congressman Gunderson, by impugning my known. If we fail, America will be the often. The ‘‘obsession’’ tag is used spe- professional reputation, has proven that he next century’s Soviet Union. Not be- cifically in the homosexual debate, and is not above ‘‘questioning other peoples mo- cause government did too little. Be- I think I know why, he continues. tives’’ and stereotyping whom he knows cause government did too much. Because it implies a secret, hypo- nothing about. The fact of the matter is that my report is entirely factual. I ask Congress- f critical propensity for homosexuality. It is a nifty little smear that homo- man Gunderson to publicly apologize for his b 2030 sexual activists use routinely. That is unfounded assault on my character. The dig- nity of his position demands that a retrac- why I winced when I found the name- DORNAN REPLIES TO GUNDERSON tion be forthcoming. less mutual friend of Mr. Knight’s and The following is a detailed response to Rep. The SPEAKER pro tempore (Mr. myself had used the term unknowingly Gunderson’s point of personal privilege de- NEY). Under the Speaker’s announced at the Road to Victory conference. livered on the House floor on May 14, 1996. policy of May 12, 1995, the gentleman We have seen a debauching of the First, I reaffirm that the report of my obser- from California [Mr. DORNAN] is recog- English language, a synonym for cheer- vations of the Cherry Jubilee’s Main Event May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5139 was totally factual and without misrepresen- homosexual community’s credo seems to be Carolina, whose vision is to improve the tation. Second, Congressman Gunderson per- ‘‘Die young and leave a pretty corpse.’’ health and well-being of children and to be- sonal attack on me violates his own philoso- I did not in any way seek to imply that come a new resource for ending the pain and phy, which he states, ‘‘May I suggest that to people who die of AIDS ‘‘die pretty’’ as Rep. suffering of children. begin, we stop questioning other people’s Gunderson infers. I was using an old expres- SEC. 2. CONGRESSIONAL GOLD MEDAL. motives.’’ Third, the Congressman, who did sion to draw a contrast between the healthy (a) PRESENTATION AUTHORIZED.—The not attend, claims to know more about the vigorous party goers and the reality of the Speaker of the House of Representatives and event than myself who was in attendance shortened life span of homosexual males. the President pro tempore of the Senate are and personally witnessed the activities. Rep. Gunderson takes this sentence out of authorized to present, on behalf of the Con- Fourth, I was contracted to produce a video context in order to accuse me of ‘‘bigotry gress, to Billy and Ruth Graham a gold by the Family Research Council, not write a and prejudice’’. Congressman Gunderson ex- medal of appropriate design, in recognition report. The report is my intellectual prop- ploits the tragedy of the AIDS crisis to of their outstanding and enduring contribu- erty not in any way commissioned by the smear my name. tions toward faith, morality, and charity. Family Research Council. (6) Rep. Gunderson claims that the outside (b) DESIGN AND STRIKING.—For purposes of Let us look at the allegations put forth by stairwell was closed off because of ‘‘con- the presentation referred to in subsection Congressman Gunderson in his point of per- struction.’’ (a), the Secretary of the Treasury shall sonal privilege on May 14, 1996: This is simply not true. The outside stair- strike a gold medal with suitable emblems, (1) Rep. Gunderson stated: ‘‘Throughout well was open for several hours and many devices, and inscriptions to be determined by his [Morano’s] entire story, not one source is people proceeded down there. One party goer, the Secretary. ever identified or quoted.’’ noticing people down in the stairwell re- (c) GIFTS AND DONATIONS.— The story is a personal account of what I ferred to it as ‘‘screw alley.’’ Security closed (1) IN GENERAL.—The Secretary of the witnessed. I was the source. the stairwell down several hours after the Treasury may accept, use, and disburse gifts (2) Rep. Gunderson stated: ‘‘There is no dance began. Security erected orange cones or donations of property or money to carry record that Mr. Morano purchased tickets to close it off and stationed an officer right out this section. for any of these events. He clearly did not in front of the entrance. (2) NO APPROPRIATION AUTHORIZED.—No use his name and address at any time, nor (7) Rep. Gunderson states that ‘‘security amount is authorized to be appropriated to did he seek to obtain any ‘press credentials’ reported no fights, no harassment, no drugs, carry out this section. for the events.’’ no smoking, nor any sexual activity. Secu- SEC. 3. DUPLICATE MEDALS. I did attempt to obtain ‘‘press credentials’’ rity made no reports of illegal activity or but was told they were not issuing any. I The Secretary of the Treasury may strike trouble.’’ and sell duplicates in bronze of the gold made at least three phone calls to the orga- The question that needs to be asked is why nizers on the Thursday and Friday preceding medal struck pursuant to section 2 under Security did not report the activities it sure- such regulations as the Secretary may pre- the event. I was forced to purchase one tick- ly witnessed. According to the Washington et from someone outside the entrance and scribe, at a price sufficient to cover the cost Times (May 15), John Cloud, a City Paper re- thereof, including labor, materials, dies, use another ticket from the organizers inside the porter who attended the dance witnessed entrance. The Sunday Recovery Brunch of machinery, and overhead expenses, and ‘‘. . . a fair number of people using drugs.’’ the cost of the gold medal. which followed the Main Event was not open The Washington Times also reported (May SEC. 4. STATUS OF MEDALS. to the press. I went to the Rayburn House Of- 15) that ‘‘A columnist for the Metro Weekly, (a) NATIONAL MEDALS.—The medals struck fice Building on Sunday to cover the event a Washington homosexual newspaper, de- pursuant to this Act are national medals for but was told no press or cameras were al- scribed the dance: ‘The stately place was in- purposes of chapter 51 of title 31, United lowed. credible—we felt like we were in a hallowed (3) Rep. Gunderson claimed, ‘‘But fact is States Code. hall. We spent much of our time out on the not the basis for the story. Rather hate and (b) NUMISMATIC ITEMS.—For purposes of dance floor trying to cop a feel, or back in prejudice are the motives by which Mr. section 5134 of title 31, United States Code, the sponsors’ lounge trying to cop a feel, or Morano . . . sought to totally misrepresent all medals struck under this Act shall be outside in the designated smoking area try- the fund raising events. . . .’’ considered to be numismatic items. ing to cop a feel and a smoke.’ ’’ Rep. Gunderson is violating his own advice CONSTANCE A. MORELLA, that we ‘‘stop questioning other people’s mo- Mr. Speaker, here is the inspiring act Speaker of the House tives.’’ I reported on what I personally wit- of Congress awarding to Dr. Billy Gra- of Representatives nessed; to suggest otherwise is without foun- ham, and his loyal wife of 52 years, pro tempore. dation. Ruth, the Congressional Gold Medal. AL GORE, (4) Rep. Gunderson stated: ‘‘Nor does the Vice President of the ONE HUNDRED FOURTH CONGRESS OF THE video show any illegal activity . . . if there United States and UNITED STATES OF AMERICA any doubt such illegal activity would have President of the Sen- been filmed if it actually occurred? I don’t AT THE SECOND SESSION ate. think so.’’ Begun and held at the City of Washington Approved February 13, 1996, William J. I was forced to be very discreet with the on Wednesday, the third day of January, one Clinton. video camera and did attempt to videotape thousand nine hundred and ninety-six. Mr. Speaker, here are the prepared the act of oral sex which occurred just off AN ACT TO AWARD A CONGRESSIONAL GOLD remarks of Dr. Billy Graham. the dance floor but because of the conceal- MEDAL TO RUTH AND BILLY GRAHAM. A beautiful title, Mr. Speaker. ment device used to hide the camera, the footage did not come out. Security eventu- Be it enacted by the Senate and House of Rep- THE HOPE FOR AMERICA ally saw my camera and threatened to con- resentatives of the United States of America in Mr. Vice President; Speaker Newt Ging- fiscate it and the tape. I was forced to hast- Congress assembled, rich; Majority Leader Bob Dole; Senator ily remove the camera from the building. SECTION 1. FINDINGS. Strom Thurmond; Members of the House of (5) Rep. Gunderson accuses me of ‘‘bigotry The Congress hereby finds the following: Representatives and the Senate; distin- and prejudice’’ for the following sentence: (1) Ruth and Billy Graham have made out- guished guests and friends * ** ‘‘The homosexual community’s credo seems standing and lasting contributions to moral- Ruth and I are overwhelmed by the very to be ‘Die young and leave a pretty corpse.’ ’’ ity, racial equality, family, philanthropy, kind words that have been spoken today, and Rep. Gunderson uses this sentence taken and religion. especially by the high honor you have just out of context to accuse me of ignorance re- (2) America’s most respected and admired bestowed on both of us. It will always be one garding death by AIDS. This sentence was evangelical leader for the past half century, of the high points of our lives, and we thank part of an opinion piece on the event that I Billy Graham’s crusades have reached you from the bottom of our hearts for this wrote for Chronicles Magazine. The whole 100,000,000 people in person and reached over unforgettable event. We are grateful for all context is as follows: ‘‘There were few if any 2,000,000,000 people worldwide on television. of you in the Senate and House who have had men who could be described as overweight. (3) Billy Graham, throughout his 76 years a part in it; and President Clinton for his In fact, the overwhelming majority had bod- of life and his 52-year marriage to Ruth Gra- support in signing the resolution. ies sculpted from weight lifting. Beer and ham, has exemplified the highest ideals of As we read the list of distinguished Ameri- bottled water were the beverages of choice, teaching, counseling, ethics, charity, faith, cans who have received the Congressional while apples, bananas, and oranges were in and family. Gold Medal in the past—beginning with plentiful supply. The image of young active (4) Billy Graham’s daily newspaper column George Washington in 1776—we know we do health conscious men, drinking bottled and 14 books have provided spiritual counsel- not belong in the same company with them, water and consuming fruit is a study in con- ing and personal enrichment to millions of and we feel very unworthy. One reason is be- trast. The reckless lifestyle inherent in the people. cause we both know this honor ought to be gay experience results in a notably reduced (5) Ruth and Billy Graham have been the shared with those who have helped us over life span. The life expectancy of a homo- driving force to create the Ruth and Billy the years—some of whom are here today. As sexual male is estimated to be no more than Graham Children’s Health Center at Memo- a young boy, I remember gazing at that fa- about 41 years old, regardless of AIDS. The rial Mission Hospital in Asheville, North mous painting of Washington crossing the H5140 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Delaware. Only later did it occur to me that as humanity followed Jesus’ exhortation to Commerce Ron Brown did not realize his Washington did not get across that river by love your neighbor as yourself. But no other time had come when he stepped on that himself. He had the help of others—and that century has been ravaged by such devastat- plane in Croatia a few weeks ago. has been true of us as well. Our ministry has ing wars, genocides and tyrannies. During From time to time I have wandered been a team effort, and without our associ- this century we have witnessed the outer through Statuary Hall and looked at all ates and our family, we never could have ac- limits of human evil. those statues of some of the greatest men complished anything. Our mood on the brink of the 21st Century and women in our nation’s history. But one I am especially grateful my wife, Ruth, and is far more somber. Terms like ‘‘ethnic thing is true of every one of them: They are I are BOTH being given this honor. No one cleansing’’ ‘‘random violence’’ and ‘‘suicide all dead. has sacrificed more than Ruth has, or been bombing’’ have become part of our daily vo- Yes, these three things—emptiness, guilt, more dedicated to God’s calling for the two cabulary. and the fear of death—haunt our souls. We of us. Look at our own society. There is much, of frantically seek to drown out their voices, However, I would not be here today receiv- course, that is good about America, and we driving ourselves into all sorts of activities— ing this honor if it were not for an event that thank God for our heritage of freedom and from sex to drugs or tranquilizers—and yet happened to me many years ago as a teen- our abundant blessings. America has been a they are still there. But we must probe deeper. Why is the ager on the outskirts of Charlotte, NC. An nation that has shown a global compassion human heart this way? The reason is because evangelist came through our town for a se- that the rest of the world seemingly does not we are alienated from our Creator. That was ries of meetings. I came face-to-face with the understand. After World War II because we the answer David found to these three prob- fact that God loved me, Billy Graham, and had the Atom Bomb, we had the opportunity lems: ‘‘The Lord is my shepherd.’’ This is had sent His Son to die for my sin. He told to rule the world, but America turned form why I believe the fundamental crisis of our how Jesus rose from the dead to give us hope that and instead helped rebuild the countries time is a crisis of the spirit. We have lost of eternal life. of our enemies. sight of the moral and spiritual principles on I never forgot a verse of Scripture that was Nevertheless, something has happened which this nation was established—prin- quoted, ‘‘As many as received him, to them since those days and there is much about ciples drawn largely from the Judeo-Chris- gave he power to become the sons of God, America that is no longer good. You know tian translation as found in the Bible. even to them that believe on his name’’ the problems as well as I do—racial and eth- What is the cure? Is there hope? (John 1:12, KJV). That meant that I must re- nic tensions that threaten to rip apart our Ruth and I have devoted or lives to the spond to God’s offer of mercy and forgive- cities and neighborhoods; crime and violence deep conviction that the answer is yes. There ness. I had to repent of my own sins and re- of epidemic proportions in most of our cities; is hope! Our lives can be changed, and our ceive Jesus Christ by faith. children taking weapons to school; broken world can be changed. The Scripture says, When the preacher asked people to surren- families; poverty; drugs; teenage pregnancy; ‘‘You must be born again.’’ You could have a der their lives to Christ, I responded. I had corruption; the list is almost endless. Would spiritual rebirth right here today little or no emotion; I was embarrassed to the first recipients of this award even recog- What must be done? Let me briefly suggest stand with a number of other people when I nize the society they sacrificed to establish? three things. knew some of my school peers saw me; but I I fear not. We have confused liberty with li- First, we must repent. In the depths of the meant it. And that simple repentance and cense—and we are paying the awful price. We American Civil War, Abraham Lincoln called open commitment to Jesus Christ changed are a society poised on the brink of self-de- for special days of public repentance and my life. If we have accomplished anything at struction. prayer. Our need for repentance is no less all in life since then, however, it has only But what is the real cause? We call con- today. What does repentance mean? Repent- been because of the grace and mercy of God. ferences and consultations without end, fran- ance means to change our thinking and our As Ruth and I receive this award we know tically seeking solutions to all our problems; way of living. It means to turn from our sins that some day we will lay it at the feet of we engage in shuttle diplomacy; and yet in and to commit ourselves to God and His will. the One we seek to serve. the long run little seems to change. Why is Over 2700 years ago the Old Testament As most of you know, the President has is- that? What is the problem? The real problem prophet Isaiah declared: ‘‘Seek the Lord sued a proclamation for this day, May 2, 1996, is within ourselves. while he may be found; call on him while he to be a National Day of Prayer. Here in Almost three thousand years ago King is near. Let the wicked forsake his way, and Washington you will see and hear of people David, the greatest king Israel ever had, sat the evil man his thoughts. Let him turn to throughout the District of Columbia praying under the stars and contemplated the rea- the Lord, and he will have mercy on him, today. It is encouraging and thrilling that sons for the human dilemma. He listed three and to our God, for he will freely pardon’’ here, and across the country people have things that the world’s greatest scientists (Isaiah 55:6–7. NIV). Those words are as true committed themselves to pray today for our and sociologists have not been able to solve, as they were over two and a half millennia leaders, our nation, our world, and for our- and it seems the more we know, and the ago. Second, we must commit our lives to God, selves as individuals. I am so glad that be- greater our technology, the more difficulties and to the moral and spiritual truths that fore business each morning, both the House we are in. In perhaps the best-known passage have made this nation great. Think how dif- of Representatives and the Senate have a of the Old Testament, Psalm 23, he touches ferent or nation would be if we sought to fol- prayer led by Chaplain Ogilvie of the Senate, on the three greatest problems of the human low the simple and yet profound injunctions who has had so much to do with this event race. of the Ten Commandments and the Sermon today, and Chaplain Jim Ford, who used to First, David said, is the problem of empti- on the Mount. But we must respond to God, be chaplain at West Point when I went al- ness. David wrote, ‘‘The Lord is my shep- Who is offering us forgiveness, mercy, super- most every year to bring a message to the herd; I shall not want.’’ He was not talking cadets. natural help, and the power to change. just about physical want, but spiritual want. Third, our commitment must be translated Exactly 218 years ago today—on May 2, I stood on the campus of one of our great into action—in our homes, in our neighbor- 1778—the first recipient of this award, universities some time ago, and I asked the hoods, and in our society. George Washington, issued a General Order Dean, ‘‘What is the greatest problem on your Jesus taught there are only two roads in to the American people. He said. ‘‘The . . . campus?’’ He replied in one word: ‘‘Empti- life. One is the broad road that is easy and instances of Providential Goodness which we ness.’’ The human heart craves for meaning, well-traveled, but which leads to destruc- have experienced and which have now almost and yet we live in a time of spiritual empti- tion. The other, He said, is the narrow road crowned our labors with complete success de- ness that haunts millions. of truth and faith that at times is hard and mand from us . . . the warmest returns of ‘‘Nirvana’’ is the Hindu word for someone lonely, but which leads to life and salvation. Gratitude and Piety to the Supreme Author who has arrived into the state of perpetual As we face a new millennium, I believe of all Good.’’ It was a message of hope and bliss. Media reports said that Kurt Cobain, America has gone a long way down the trust, and it also was a challenge for the peo- the NIRVANA rock group’s leader, was the wrong road. We must turn around and go ple to turn to God in repentance and faith. pacesetter for the nineties, and the ‘‘savior back and change roads. If ever we needed We are standing at a similar point in our of rock and roll.’’ But he said the song in the God’s help, it is now. If ever we needed spir- history as less than four years from now the end which best described his state of mind itual renewal, it is now. And it can begin world will enter the Third Millennium. What was ‘‘I hate myself and I want to die!’’ And today in each one of our lives, as we repent will it hold for us? Will it be a new era of un- at age 27 he committed suicide with a gun. before God and yield ourselves to Him and precedented peace and prosperity? Or will it Second, is the problem of guilt. David His Word. be a continuation of our descent into new wrote: ‘‘He restoreth my soul, he leadeth me What are YOU going to do? depths of crime, oppression, sexual immoral- in the paths of righteousness.’’ Down inside The other day I heard the story of a high ity, and evil? we all know that we have not measured up school principal who held an assembly for Ironically, many people heralded the dawn even to our own standards, let alone God’s graduating seniors, inviting a recruiter from of the 20th Century with optimism. The standard. each branch of the service: Army, Navy, Air steady march of scientific and social Third, David pointed to the problem of Force, Marines to each give a twelve minute progress, they believed would vanquish our death. ‘‘Yea, though I walk through the val- presentation on career opportunities they of- social and economic problems. Some opti- ley of the shadow of death, I will fear no evil: fered to the students. He stressed the impor- mistic theologians even predicted the 20th for thou art with me.’’ Death is the one com- tance of each staying within their allotted Century would be ‘‘The Christian Century’’, mon reality of all human life. Secretary of time. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5141 The Army representative went first, and It is interesting because Washington due to many reasons, and here are was so eloquent that he got a standing ova- values here on Capitol Hill are so very some of the factors: tion, but went eighteen minutes. Not to be much different from the folks across First, tight world crude supplies fol- outdone, the Navy presentation was equally America, and in particular the folks on lowing a colder than normal winter. superb, but took nineteen minutes. Air Force the central coast of California. I am Second, lower U.S. private crude and then gave a sterling presentation, which petroleum stocks due to, well, a colder lasted twenty minutes. By now, the principal very privileged to have the right to be was irate, and admonished the Marine re- voted in by constituents on the central than normal winter. Market decisions cruiter that he had only three minutes be- coast of California, to represent them. by companies to hold minimal inven- fore the students had to leave for the next I represent two wonderful counties, tories of crude oil in anticipation of class! San Luis Obispo County and Santa the United Nations agreeing to allow During the first two minutes of his short- Barbara County. Iraq to begin exporting oil. ened time, the Marine didn’t say a word, but It is interesting to note, because in Third, higher corn prices than have individually and carefully studied the faces 1993 we had a severe gas tax hike. It reduced ethanol production. of each student. finally, he said, ‘‘I’ve looked Fourth, normal spring refinery cut- across this crowd and I see three or four indi- was part of the largest tax hike. It was part of the largest tax hike in history. backs while they reconfigure to de- viduals who have what it takes to be a Un- crease heating oil production and in- tied States Marine. If you think you are one In fact, $4.8 billion alone went to an an- of them, I want to see you down front imme- nual gas tax, and I want to remind ev- crease gasoline production for the sum- mer driving season. diately after the assembly.’’ eryone that that is 30 percent to the And, finally, fifth, in California, my Who do you think drew the biggest crowd! Federal gas tax, a 30-percent increase. I This afternoon, as I look out across this State, particular shortages because of might also remind people that not one distinguished group gathered here, I see California’s required introduction of a more than a few men and women who have Republican voted for the gas tax. It particular form of reformulated gaso- what it takes, under God to lead our country was part of an overall tax increase of line. The shortages were due to produc- forward ‘‘through the night’’ into the next $268 billion, an entire package. But tion run problems at several California millennium—individuals who represent civil again, as I said, $4.8 billion was the gas refineries. and governmental authority—as well as doc- tax. tors, lawyers, clergy, artists and media. It is interesting, just recently in the When politicians raise taxes for some Washington Post one of the reporters Again, Ruth and I are deeply humbled by reason they do not seem to save the this award, and we thank you for all that it said today’s prices are set by the ab- represents. money. They spend it. People on Cap- sence of refining capacity and unneces- We pledge to continue the work that God itol Hill here in Washington, DC, when sary environmental regulations, and has called us to do as long as we live. they can get a dollar here, a dollar that really does apply to California. We Thank you. there, eventually they spend it. Spend- are all interested in cleaner air, but f ing in 1992 was $1.3 trillion, almost $1.4 there is a price to be paid. trillion. But spending in 1995 was $1.57 AMERICANS NEED GAS TAX Overall, retail prices of motor fuels trillion, almost $1.6 trillion, an in- FREEDOM in the United States have increased crease of $190 billion. sharply since the winter to their high- The SPEAKER pro tempore. Under I know I cannot fathom what $1 bil- est level since 1990. Especially in Cali- the Speaker’s announced policy of May lion is. It is very hard to work in these fornia, we are preparing for the tourist 12, 1995, the gentlewoman from Califor- numbers. I can identify with working season. Tourism is very important to nia [Mrs. SEASTRAND] is recognized for families on the central coast of Califor- the central coast of California and so 40 minutes as the designee of the ma- nia. We deal not in those type of num- we are preparing for that busiest sea- jority leader. bers. Only in government do we deal in son and concerned about whether the Mrs. SEASTRAND. Mr. Speaker, ap- billions and trillions. folks are going to come. proximately a week ago we celebrated But I know that the gas tax hits the But with gas prices soaring all over Tax Freedom Day. It is interesting be- low- and middle-income Americans the the country and especially, as I said, in cause this year, in 1996, it is 6 days most, those that need a helping hand my own backyard, I want to do some- later than we celebrated Tax Freedom from those of us that are trying to help thing to help ease the burden of those Day in 1993. This is the day when them here in Washington. I want to rising gas prices. I think we need some across America, hardworking families, help those people, because I know it relief and some immediate relief. moms and dads, keep their paycheck, hits them, those that we always say we I have introduced a bill that would and they have the dollars to stop fund- care the most about. temporarily repeal the Clinton gas tax ing government at all levels, and the Perhaps you have seen that famous until 1997 to allow the oil markets a dollars after Tax Freedom Day actu- quote of President Clinton. It was stat- chance to recover from a shortage in ally go to their families and their chil- ed in Houston in October of last year, supply. The bill is H.R. 3415. dren and to do the things they want to and he was talking about raising $268 Again, the central coast of Califor- do with their dollars. billion of tax increase, and he admit- nia, every time I go home, and that is Americans do not need to look any ted, ‘‘Even I think I raised taxes too every weekend, folks will tell me that further than their 1995 tax return to much.’’ they just are overtaxed. They need see the difference between Republicans I agree, and I think we here in Wash- some relief from the paperwork and the and Democrats. Republicans want ington, DC, here in this House and this burdens of regulation, from all levels of Americans to keep more of their pay- Senate, and we should have the Presi- government, and they wholeheartedly checks. Republicans want families to dent help to roll back President Clin- agree that immediately they would save for their futures, and they want ton’s tax hikes. like to see saving some of that 4.3 cents more for the families and for our com- We have seen definitely that there that we pay because of the Clinton tax munities across this Nation. has been a gas price increase and it has hike. They would like to put that in We kept our promises to the Amer- been caused by market-driven events, their pocket. They think it would re- ican taxpayers by passing the first ever many reasons, and it really affects the lieve California and the central coast balanced budget in 25 years. We passed central coast of California. In fact in gas pains. It is amazing the good sup- the $500-per-child tax credit and the re- Santa Barbara alone, the city of Santa port I am getting on the central coast peal of Clinton’s assault on working Barbara, we saw perhaps the highest of California, and I think this is typical seniors. We want seniors to keep more prices in Santa Barbara than were seen across this Nation. of what they earn. across this Nation, in some instances But it is interesting because we hear But unfortunately President Clinton over $2 a gallon. a lot of naysayers on Capitol Hill here chose to veto these key provisions So we wonder, why are the retail in Washington, DC. They say, the atti- which were meant to put back power to prices up? I have a response here from tude is, why do we have to reduce the where power belongs, and that is into the Department of Energy. On April 30, taxes? They just do not get it. They the hands of working taxpayers, the 1996, the Department of Energy told just do not understand the needs of working families, moms and dads Senate staff that the recent increases working folks across this Nation and across this Nation. in retail gasoline and diesel prices are especially the folks in California. H5142 CONGRESSIONAL RECORD — HOUSE May 15, 1996 b 2045 fund for the roads, the bridges, to take It was interesting, because a col- Here in Washington on the Hill, you care of those potholes when you are league on the other side of the aisle can have an apartment and you just traveling along the freeways. just recently brought up his concern walk to the office. Some people do not The 4.3 cents of the tax hike went to that passing that gasoline tax repeal even own a car. Not so, not so from the general fund. I get a lot of post- will simply line the pockets of the big where I come from. Some people make, cards because people say maybe we oil companies and will not be passed on well, they can make a 100-mile round could keep that money and fix the pot- to the consumers. I understand that trip just going to the supermarket. hole on the freeway that I drive every concern. But certainly retailers I be- California is different. I am sure this is day and let us not give it back. I would lieve will always try to slowly drop the also true in many of our rural areas rather see the pothole filled up. price of gasoline. However, the Depart- But, ladies and gentlemen, the 4.3 across this Nation. ment of Energy is predicting normal Well, my proposal to repeal the Clin- cents, the tax hike of 1993, does not go supplies and prices this summer. ton gas tax and return the money for your highways, for building bridges. Moreover, both world and domestic where it belongs, to the hardworking It does not go for mass transit if you crude prices have fallen every day taxpayers, I hope you would consider like in an urban city. In fact, the tax since early last week, and well before you are paying on your airline ticket what this means, not only cutting, put- the President’s announcement regard- today on the aviation fuel, that does ting the 4.3 cents in your pocket, but ing SPR sales on Monday of last week. not go for helping meet your transpor- what it means to the other things you With gasoline prices expected to de- tation needs. It just goes into the Gen- have to pay for, the transportation cline through this summer, market eral Fund, and only again in Washing- prices. When you think about the competition and full supply market- ton, DC, do you have people here that trucking industry and what we get de- place will make it very difficult, I be- feed the bureaucracy for more spend- livered to our cities and areas, and how lieve, for retailers to keep the 4.3 cents ing. It is dedicated, the 4.3 cents is important gasoline is to moving our if the tax is repealed. dedicated to finance Washington spend- goods and services across this Nation, I would just say other questions have ing on the bureaucracy. well, we have to sit back and think been raised about the costs associated Let me give you an example, in with this bill, and the answer to that is about all the things we buy: Our food, Santa Barbara County. I just heard the cattle industry, the produce indus- that we have the offsets, and they are there is consideration that we may found in reducing the size of rampant try. Or if you just want to move from have a measure on the November ballot one place in these United States to an- travel and other expenses at the De- to raise several million dollars to off- partment of Energy. We also are going other, all of this is done with gas. set $100 million of backlog in mainte- Again, that 4.3 cents per gallon is to look to the FCC auctioning off nance on our county roads. broadcast spectrums, and the Commit- going to mean lower dollars, lower Well, here I have 4.3 cents that is just transportation costs. Recent studies tee on the Budget chairman, Mr. KA- going into the general fund, when lo- SICH, has assured us that we are on tar- have documented the positive effect of cally now the folks in Santa Barbara repealing the Clinton gas tax. It would get to balance the budget by fiscal year County may be asked to consider rais- 2002, even with this temporary repeal reduce taxes by almost $5 billion a ing several million dollars to take care year, and $550 million in California of the Clinton gas tax. of backlog in maintenance. Something Well, Mr. Speaker, I guess it is the alone. is wrong here. In addition, you know, we would re- old story, the Democrats never met a The Congressional Research Service, tax increase the did not like. I would coup some of the jobs lost to that tax a nonpartisan organization, estimates increase. The gas tax of 1993 is respon- like to quote the minority leader from that, other things being equal, repeal the Senate: sible for the loss of 8,000 jobs in Califor- of the 4.3 cent fuel tax would cause re- nia alone, and 69,000 jobs nationwide. Well, it seems to me the Republicans’ only finers, importers, and terminal opera- issue, I am sure if you talked about the Earlier this year President Clinton tors to decrease wholesale prices by and many of his Democrat colleagues weather, they would come up with a tax cut, about three-fourths of the overall ex- if you talked about heart problems, they who serve in Congress had the oppor- cise tax. I would say about 3.2 cents. would come up with a tax cut, and any prob- tunity to cut taxes for the working Retail gasoline prices would tend to de- lem that you think of in this country can be American families, but they were com- cline, and any decrease in the prices of fixed with a tax cut, if you listen to Repub- mitted to protecting Washington gasoline and other motor fuel would licans. Again, we have got high prices. Let’s spending, and I believe they should be tend to increase the demand for fuel not look at resources and supply and de- mand. Let’s have a tax cut. given another opportunity to reduce and for complementary goods and serv- the tax burden of the American people. ices by reducing the cost of the vehicu- That is the Senate minority leader Let us repeal the 1993 Clinton gas lar transportation and related travel on April 29 of this year. Again, yes, I tax. Retail prices of motor fuels in the relative to the other costs and services. am looking to a tax cut, because I United States have increased sharply Therefore, the demand for substitute know how important it is for my folks since the winter, to their highest levels goods and services such as home recre- to drive up to that pump, to fill up since 1990. The Federal excise tax on ation and other activities would tend their tank and have to travel many gasoline was first enacted in 1932, and to go down. miles on the central coast of Califor- 1951 for diesel fuel. We started, as A decrease in the gasoline tax would nia, and 4.3 cents in some tax relief to usual, with initial levels of 1 and 2 increase, and I underline this word, them is very important. And I make cents per gallon respectively, and then household’s disposable income, reduce my case, the Democrats never met a the taxes were raised gradually to 4 business costs per unit of output, and tax increase the did not like. cents by 1959. From 1983 to 1993, there would increase total demand for goods From the way the Democrats are de- were five Federal tax increases on gas- and services, thus having an expansive fending this tax hike, charging that its oline, raising them to their present lev- effect on economic activity. rollback will not get passed on to the els of 18.3 cents a gallon. Now, there have been questions asked consumers, it sounds like they cannot Sometimes I think we do not realize about the bill to repeal the tax on gas wait to increase gas taxes again. how much we pay on an average gallon from 1993, and one in particular is that As I said, I go home every weekend, of gas when we fill it up. I should say even if the Clinton gas tax is repealed, and my constituents are telling me of that 18.3, 14 cents goes into the high- it will not necessarily be passed on to that they would like to see some relief. way trust fund and the 4.3 cents, well, the consumer. The students at U.C. Santa Barbara, it just goes into the general fund. Well, my bill, H.R. 3415, contains lan- the students at Cal Poly that have to Now, that is the Clinton tax increase guage that states the benefits of the travel miles, they want to see some re- of 1993. I think it is important to stop tax repeal should be passed on to the lief. The cattlemen that take their cat- here to repeat that. Only 14 cents of consumers, and it requires that the tle to and from market want to see re- the 18.3 cents of Federal taxes on each Comptroller General of the United lief. The produce industry, which is gallon of gas that you purchase at the States conduct a study to assure pass- very big, taking the lettuce to market, pump, only 14 cents goes into the trust through of such a repeal. it is very important and they want to May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5143 see tax relief. And just the average have 5 legislative days within which to is the entire history of this world. With mom and dad want to see tax relief so revise and extend their remarks and in- the aid of some 500 transport aircraft they can take the kids to school, get to clude extraneous material on this spe- and 500 bombers and fighters, the ini- work, get to the grocery store, get to cial order observing the 55th anniver- tial wave of paratroopers, which num- little league, and do all the important sary of the Battle of Crete. bered about 3,500, suffered great casual- things that are important in their life. The SPEAKER pro tempore. Is there ties at the hands of Crete’s ground I believe, yes, that the best way to objection to the request of the gen- forces. These ground forces, of course, lower gas prices and relieve not only tleman from Pennsylvania? included heroic Cretan civilians who the central coast of California gas There was no objection. used knives and pitchforks and sickles pains, but our Nation’s gas pains, is to Mr. KLINK. Mr. Speaker, it is late, in their hands, and sticks and rocks, as repeal the Clinton gas tax. It is time. It and many Members have not been able some of their only weapons. is time we let working men and women to join us tonight who had planned to The valiant Allied forces were even- keep more of their hard-earned dollars, make statements. They will put their tually forced to retreat, but the battle and not have the bureaucrats here in statements in the RECORD. I am sure lasted 11 days before the Germans Washington say that they know best that will not be of distress to the could declare a victory, and it resulted how to spend those hard-earned dollars. Speaker, that we will not go as long as in over 6,000 German troops listed as Mr. Speaker, since its imposition in had been intended. killed, wounded or missing in action. October of 1993, the gas tax has taken Mr. Speaker, I do rise today to mark The losses to the elite 7th parachute $613 million out of the economy. That the 55th anniversary of the Battle of division were felt so hard by the Ger- is money that Californians could have Crete. This is really an historic event. man military and were of such signifi- had. Repealing the gas tax also would It is of great significance. It took place cance that no large-scale airborne op- reduce taxes, as I said earlier before, by on the Island of Crete during World eration was ever attempted by Nazi almost $5 billion annually. And I want War II. This was between Nazi forces Germany again for the remainder of to repeat this number, it would reduce and the people of Crete who were as- the war. After the Allied retreat, the people of taxes in California by $550 million. A sisted by the allied armies. Crete were left to fend for themselves. repeal of the gas tax, I am summariz- I would like to rise today also to rec- The Cretan resistance movement orga- ing here if you notice, the repeal of the ognize the heroic efforts of the people nized in an effort to thwart the Ger- gas tax would recoup the jobs most to of Crete that were exhibited not only man Nazi forces. For 4 years the resist- the tax increase. If you recall, I said we during the battle itself, but during the ance movement on Crete inflicted very lost 8,000 jobs in California, and I want subsequent 4-year occupation of Crete heavy casualties on the Nazi army. At to work for those 8,000 jobs, get them by Nazi forces. one point the Cretan forces even kid- back, and I am going to work for the At the outset of the war, Adolf Hitler napped a heavily guarded German gen- 69,000 jobs that we lost nationwide. had not intended to invade the Island eral. The Democrats love big government. of Crete. It was when Italian forces The struggle undertaken by the Cre- They are so wedded to the old status were unable to overtake the Greek tan civilians became an example for all quo that they are willing to deny forces on the Greek mainland that Hit- Europe to follow in defying German oc- American families, including those on ler decided he would assist. Soon after cupation and aggression. The price paid the central coast of California, an an- Greece fell to German forces, Hitler for the Cretans’ valiant resistance to nual $48 tax break. I think you all was convinced by others to make Crete Nazi forces became that of thousands would remember that last year, or I his next target. of lives of civilians who died from ran- should say last election, we heard slo- Let me just talk a moment about the dom executions, some who died from gans like ‘‘It is the economy, stupid.’’ significance of the Island of Crete. It is starvation, others by imprisonment. Well, I guess that if there was a slogan the largest of the Greek islands, about Entire communities were burned and to be had this election time, we should 160 miles long. It varies in its width were destroyed by the Germans as a re- remind people that it is the paycheck, from about 7.5 miles to 35 miles. At the prisal for the Cretan resistance move- stupid. The folks need to see more of outbreak of World War II, Crete lay at ment. Yet the battle of Crete, in part, the dollars kept in their paycheck and a very strategic position for both the was to change the final outcome of spend those hard-earned dollars as they Allies and the Axis powers. For the World War II. best decide. British, who controlled the island at A direct result of this battle was a I would say, let the bureaucrats here the time, Crete was a very strong point delay in Hitler’s plans to invade Rus- decide how they are going to tighten on the lifeline to India. It protected sia. Originally Hitler had planned to their belts, and put their agency and both Palestine and Egypt, and they had move on Russia in April of 1941. But their particular program on a diet. I assigned elements of the Royal Navy to Hitler was not able to move his forces would rather have the folks on Capitol be sheltered in the great natural har- on Russia until June because of the Hill here in the bureaucracies decide bor of Suda Bay. time that was lost as the valiant peo- how to tighten the belt, rather then my But despite its importance, the Brit- ple of Crete had fought off the Third folks on the central coast of California. ish maintained only a small garrison Reich. The consequences of this 2- f there. At the time of the outbreak of month delay was Hitler’s forces facing this war, it consisted of only three in- the harsh Russian winter. And while ANNOUNCEMENT BY THE SPEAKER fantry battalions, armed with several Nazi forces were able to penetrate into PRO TEMPORE heavy and light antiaircraft guns. They Russian territory, the snow storms and The SPEAKER pro tempore (Mr. had coast defense artillery and search- the sub zero temperatures eventually NEY). The Chair will remind Members lights. But sensing a coming Axis at- stalled them before they could over- to refrain from quoting individual tack, they began to reinforce Crete take Moscow or Leningrad. This Members of the Senate. with men and supplies. marked the beginning of the end of the f b Hitler war machine. 2100 As is so often the case in history, the 55TH ANNIVERSARY OF THE But it was, in fact, too late. Because battle of Crete was not the first time a BATTLE OF CRETE of the persistent attacks by the Ger- small force of Greeks fought against The SPEAKER pro tempore. Under man Luftwaffe, they could send only a overwhelming odds. Dr. George C. the Speaker’s announced policy of May few thousand tons of supply to the is- Kiriakopoulos, a noted author and pro- 12, 1995, the gentleman from Penn- land. And so it was on May 1941 that fessor at Columbia University, has sylvania [Mr. KLINK] is recognized for Adolf Hitler turned his attention to the compared the battle of Crete to the an- 60 minutes as the designee of the mi- Island of Crete. cient battle of Thermopylae. nority leader. Hitler’s elite 7th parachute division Thermopylae, which is a very narrow GENERAL LEAVE began operation Mercury. At the time passageway located in east central Mr. KLINK. Mr. Speaker, I ask unan- this was the largest airborne invasion Greece, was the site where King Leoni- imous consent that all Members may to that point in our entire history, that das and his 300 Spartans made their H5144 CONGRESSIONAL RECORD — HOUSE May 15, 1996 final stand against King Xerxes and his 40th anniversary, 15 years ago, or that When the 7th Parachute Division— Persian army of 200,000 men. anniversary week, and I had not real- and you have to remember, again, this Although King Leonidas’ forces were ized that at two of the major air fields was the largest airborne invasion in defeated by the Persians, they defended that German airborne were totally re- the history of the world at that time. the pass long enough for the bulk of pulsed and at the third field, which we The casualties that were suffered by the Greek army to escape. King Xerxes, visited, it was what the Iron Duke of these forces were heavier than the of the Persian army, was finally, when Wellington, Arthur Wellesley, said total number of Germans that had been they finally overtook Attica and Ath- after the battle of Waterloo: It was a killed in the war to that date. ens, was finally forced to flee Greece close-run thing. This precious live airborne weapon after his navy of 1,000 vessels was de- The New Zealand troops, with great had been altogether decimated moving stroyed by fewer than 400 Greek ships loss of lives and wounded men, almost into Crete, and not just by Allied during the battle of Salamis. shut down the third major area of Ger- forces or trained military, but many of So just like King Xerxes, Adolf Hitler man paratroopers, and that is the area them by women with pitchforks and won his battle of Thermoplyae in that the prize fighter, Max Schmeling, sickles and people with sticks and Crete, but that delay of 2 months cost went into as a sergeant and a leader. rocks. The Cretan people just fought him the war with Russia and cost him Platoon sergeant. Of course, he had ferociously, not just during the battle also the opportunity to eventually try lucked out and beaten Joe Louis in of Crete but for the next 4 years. to invade Great Britain. their first encounter, and Louis, the There is a lesson here for all human- Just last week, during his arrival Brown Bomber, kept his prediction kind. The people of Crete, together ceremony for Greek President that he would take him in one round. with the remnants of Allied forces from Constantinos Stephanopoulos, Presi- He did it in seconds of one round. Britain, Australia and New Zealand, as dent Stephanopoulos stated that Maximum Schmeling was a good the gentleman from California men- Greece, like the United States of Amer- man, as I understand, not a Nazi. He tioned, showed the greatest valor of ica, continuously proves its commit- did not understand Hitler’s evil in the any of the conquered nations in Eu- ment to the ideals of freedom of de- beginning and went down there, and rope. The commanding general, Kurt mocracy and international law and then never again was part of any major Student, this is the German command- order. It was because of the people of German movement. I forget what hap- ing general, called it ‘‘the fiercest Crete and because they believed in pened to him. I am going to look it up struggle that any German formation these ideals and fought and died for after the order tonight. had ever had to face.’’ But I appreciate the gentleman’s tak- these ideals that we as Americans In fact, it was Adolf Hitler who sent ing this special order. I agree with your should recognize and appreciate the a message to his German general, Kurt assessment that it was a key battle historic significance of the battle of Student, and said, ‘‘France fell in 8 that probably affected everything after Crete. days. Why is Crete still free?’’ It took The people of Crete themselves will that. It was on the eve of Operation 11 days to capture the island of Crete always be remembered and will always Barbarossa, which we are coming up on and only 8 days to capture the entire remember the devastation that was that on the 22nd of next month. nation of France. That gives you an brought to their island during World I want to make an observation and idea of the ferocity of these Greek citi- War II, however, I ask that all Ameri- then back out of this. More Members cans observe the memory of the fallen should do what you are doing, Mr. zens. Moreover, the costly Cretan cam- heroes of the battle of Crete and honor KLINK, and try to recapture for our paign, in the opinion of many histo- the men and women of Crete, who, dur- young people, as Ronald Reagan rians, prevented Adolf Hitler from in- ing World War II, fought an oppressive warned us. Just recent history with invader to preserve the ideals of free- one of our mutual friends on your side, vading the British Isles. Many of his closest associates, including Marshal dom and democracy. TOM LANTOS. I was down in the small I would like to just mention a couple rotunda on the House side, in what we Goering, had suggested that they use of other things about this battle for are now calling the Lantos rotunda, or this 7th Airborne Division to make Crete, because it has been looked back the Hungarian rotunda, there is Lajos their invasion of Britain. In fact, let upon with great amazement by many Kossuth, the national hero of Hungary me just read to you in ending some of people who have analyzed it. It was the in the last century; died, I think in the newspaper headlines from this pe- poet Calomenopoulos who said of the Paris in the 1890s; exiled for 47 years. riod. battle of Crete in one of his poems, And thanks to Mr. LANTOS of Califor- On the 28th of July 1941, the Times of ‘‘This castle you want to pillage, Ger- nia we have a bust of one of the great London carried the story that 500 Cre- man, is founded on bones that are cen- heroes of modern times, Raoul tan women were deported to Germany turies old, and its foundations have Wallenberg. because they took part in the defense drunk blood for thousands of years. It We must study World War II. It is the of their native island. feeds on tears and sorrows make it watershed not only of this century, but It was the Evening Standard in Lon- strong. It’s impregnable and it’s inde- it is an epic. It is a watershed of cen- don on May the 24th of 1941 that said, structible and always stands erect. turies. And when we focus in on certain ‘‘If Hitler takes Crete, one thing alone Unbendable and immovable, a bulwark battles, like the struggle for Crete, the is certain. The next island to be as- of freedom. And it fights always stand- first really massive use of paratroop- saulted is our own.’’ ing and it wields the sword.’’ ers, never to be done again by Ger- The Times in London on the 31st of I wanted to take a look back at some mans, as you pointed out in your Dear May 1941 said: of the amazing things that happened Colleague, I think it is a worthy sub- A British naval officer has now reached the during the battle of Crete and put this ject for young Americans to study in hospital. He set out to cross the open sea to great battle in significance. high school. safety, with a Cretan girl in a rowing boat. Mr. DORNAN. Mr. Chairman, if the So I will go back to my office as fast The boat was partly stove in and flooded by as I can and watch the rest of your spe- machine gun attack from the air. Part of the gentleman would yield for a second. officer’s side was blown away. To stop the Mr. KLINK. I would glad to yield to cial order with great interest, and then bleeding and the gangrene the girl forced my friend from California. dig into my Crete books at home and him to lie with his wounded side in the Mr. DORNAN. I enjoyed getting the relive some of my footsteps walking bilgewater in the bottom of the boat and her- gentleman from Pennsylvania’s Dear this heroic battlefield for the Greek self rowed him more than 50 miles to an al- Colleague. I am sorry more Members people and the subcategory of the citi- lied island. could not join us. I know on our side zens of Crete who are Greek citizens. There was a German epitaph that was GEORGE GEKAS, a loyal son of Greek Thank you for doing this. put on the entrance to the village of heritage, would dearly loved to have Mr. KLINK. I thank the gentleman Kandanos. It says, been here. He has done special orders from California, and indeed he is cor- On the 3rd of June 1941 the village of just like yours. rect. I am reminded of former heavy- Kandanos was raised to the ground, never to I walked the battlefields of Crete weight champ Max Schmeling, who was be built again. This was an act of reprisal for with my oldest son, Bob Junior, on the one of those 7,000 elite troops. the brutal murders of German parachutists, May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5145 mountain forces and engineer corps, by men, of Crete was central to Hitler's plans to con- but brave group of individuals thrown together women and priests who dared stand in the quer the Middle East and sever this important to halt the domination of a smaller, weaker na- way of the Great Reich. British supply line. tion by a larger, more powerful aggressor. The victory at Crete cost the Ger- Because the British Royal Navy still main- Greece was engulfed in conflictÐalong with mans 22,000 troops. About 400 aircraft tained a strong presence in the Mediterra- the rest of the globeÐduring some of the were lost. The delaying effect of their nean, the German assault on Crete would darkest days of World War II. Indeed, in the attacks upon Greece and upon Crete come primarily from the air. Elite German spring of 1941, Nazi domination of the Euro- not only interfered with Hitler’s de- paratroopers and glider troops spearheaded pean continent was nearly complete. Following signs upon Syria and upon Iran, but the assault on Crete. These were the same a valiant struggle against overwhelmingly su- eventually it proved disastrous in their battle-hardened troops that had made the Ger- perior German forces in and among the moun- attack upon Russia, as I mentioned man sweep through the lowlands on Holland tains to the north, Greek forces had been earlier. and Belgium in 1940 so dramatically success- pushed entirely off the continent and were tak- The German army reached the out- ful. On the morning of May 20, 1941, thou- ing refuge on the island of Crete. skirts of Moscow in October of 1941. I sands of German paratroopers and glider The German Army looked covetously across think we know a little bit about the troops began landing on Crete. They were the sea to Crete. If captured, it would provide Russian winters from history. The supported by hundreds of bombers and fight- air and sea bases from which the Nazis could early frost had begun to interfere with ers from the German Luftwaffe. dominate the eastern Mediterranean and the movements of the Third Reich. Its The Allied forces on Crete were no match launch air attacks against Allied forces in arrival in front of Moscow 5 weeks ear- for the Axis invasion forces, but they were northern Africa. lier would have certainly led to capture able to exact a heavy toll on the invaders. The In fact, the Nazi high command envisioned of that city, and perhaps on to Lenin- British garrison on Crete was initially quite the capture of Crete to be the first of a series grad, and history would not allow us to smallÐonly three battalionsÐbut many of the of assaults leading to the Suez Canal. overexaggerate the impact that that Allied troops evacuated from Greece had been On May 20, 1941, the largest German air- would have had. sent to reinforce the garrison on Crete. These borne attack of the war commenced against An eyewitness from 1941 said, solidersÐBritish, Australians, New Zealanders, Greek, Cretan, and British forces, battle-weary You should have seen the womenfolk car- and GreeksÐaided by the civilians who lived and crippled after the withdrawal from the rying the cartridge belts folded round their on CreteÐmen, women, and even childrenÐ mainland. Waves of bombers pounded the Al- waists. The women emerged in Chersonissos exacted a heavy toll on the first waves of air- lied positions followed by a full-scale airborne carrying sickles, sticks and virtually any- thing they could lay their hands on. The Ger- borne troops. Men and women armed only assault. Elite paratroopers and glider-borne in- mans suffered extensive losses at the hands with knives, sickles and pitchforks attacked fantry units fell upon the rag-tag Allied sol- of these women. German paratroopers landing in their fields diers, who valiantly stood firm in the face of Again I would appreciate all of the and on the beaches. certain defeat. Members who intended to be here with The outcome of the battle, however, hinged Watching death descend upon them from me, and I understand that they on control of the island's airstrips. If the Ger- above, the brave defenders of CreteÐhaving thought that it was late and did not mans could capture one or more of these fa- endured hours of vicious bombing, decimated want to make it. So that would end my cilities, they could bring in planeloads of the crack Nazi troops at two key airfields. comments. troops. Commonwealth and Greek troops, However, the Germans managed to gain a aided by patriotic Cretans, held onto the air- foothold at a third airfield and soon were being b 2115 field throughout the first and second days' on- resupplied and reinforced by air. Again, I would welcome Members slaught, but on the third day, the Germans se- Seven days later, the defenders of CreteÐ putting their words in the RECORD and cured the airfield at MaÂleme and promptly though clinging to their rocky defensive posi- would also welcome Members to join began landing planes full of reinforcements tionsÐknew that they would soon be overrun. me in cosponsoring a resolution, which and supplies at a furious rate. After that, Ger- The evacuation order was given, and nearly I will plan to introduce next week, man airpower and additional reinforcements 18,000 men were rescued. These valiant sur- which would commemorate the people turned the tide, and several days later the vivors had bought the Allies a week's precious of Crete and their valiant efforts 55 Royal Navy began evacuating the Common- time free of Nazi air and sea attacks based years ago in fighting the oppression of wealth and Greek troops. from Crete. More importantly, they inflicted se- the Third Reich. By early June, 18,000 troops had been vere losses on the German airborne forces, Mr. COYNE. Mr. Speaker, I rise today to evacuated and another 10,000 soldiers had the showpieces of the Nazi Army. join in this special order commemorating the been captured. The Germans began their oc- Nearly, 2,000 German soldiers were killed 55th anniversary of the battle of Crete. I am cupation of the island, and the Cretan people and more than 4,000 were wounded or miss- pleased to be able to celebrate the heroism began organizing an underground resistance ing. So injured were the German units, in fact, and sacrifice of the Cretan people, who brave- movement. For the next 4 years, the Fascist that they never again attempted an airborne ly opposed the Nazi invasion in 1941, and occupation was characterized by guerrilla at- assault of the magnitude of that launched at who suffered under Nazi occupation for the tacks and brutal reprisals. Villages were razed Crete. next 4 years. and thousands of civilians were imprisoned or This month marks the 55th anniversary of In 1940 and 1941, the armies of Nazi Ger- executed. Yet the spirit of the people of Crete the Battle of Crete, a proud day in the defense many and Italy swept through much of Eu- never faltered. Despite the horrible price, they of liberty and self-rule; when the sons of rope. France, the Netherlands, Denmark, Nor- continued to resist the Nazis until Crete was Greece and Crete along with their British allies way, Albania, Yugoslavia, and finally Greece liberated in 1945. firmly answered the Nazi challenge to free- were overrun by the Fascists. Commonwealth Mr. Speaker, we have undertaken this spe- dom. troops and thousands of patriotic soldiers from cial order today in order to pay tribute to the In closing, Mr. Speaker, may we take inspi- the fallen countriesÐPoland, France, and courageous men and women of Crete who, ration from the shining example of the defend- Greece, in particularÐcontinued to fight the despite overwhelming odds, resisted the inva- ers of Crete in ensuring that this is indeed the Fascist onslaught, and when they were hope- sion of their homeland by the forces of preju- case. We must not forget those who have sac- lessly outnumbered they undertook daring dice and tyranny. Their struggle is a proud rificed their lives to secure our freedom. seaborne withdrawals from continental Europe monument to the nobility of the human spirit Mr. PALLONE. Mr. Speaker, I want to thank in order to regroup, rearm, and build up their and the importance that mankind places on Congressman KLINK for organizing a special forces to fight another day. freedom. It is only appropriate that on the 55th order to commemorate the 55th anniversary of After securing Greece, the Fascists turned anniversary of the Battle of Crete, we cele- the Battle of Crete. Throughout history, the their attention to Crete. Crete's location in the brate the heroic deeds of the Cretan people. Greek people have been champions of free- Mediterranean Sea made it an important stra- Mr. BILIRAKIS. Mr. Speaker, I want to com- dom and self determination and their actions tegic objective for both the Allied and Axis mend my colleague, Congressman RON KLINK in the Battle of Crete were instrumental in de- forces. Crete sat astride the important British of Pennsylvania, for holding this special order. feating fascism in the 20th century. communications route between England and I rise to today to join my colleagues in com- In October 1940, Mussolini's Italy invaded India that passed through Egypt via the Suez memorating a valiant stand made more than a Greece, entering that country by coming Canal. Possession of Crete made the defense half-century ago on what was then the frontier through Albania. Responding to this crisis, the of this route easier for the British. The capture of freedom. It was a stand made by a battered British rushed to Greece's aid and quickly sent H5146 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Army and Royal Air Force units to Crete. With of the most important battles of the 20th cen- State of Vermont and what is going on Italian troops bogged down in Greece and de- tury. all over this country today is that we laying his brutal campaign of world domina- Mr. KLINK. Mr. Speaker, at this are seeing working people work longer tion, Hitler sent German troops into Greece time, I would yield to my good friend, hours for lower wages. These families and directed that the Nazi war machine take BERNIE SANDERS, for the rest of my look to the future. They are extremely control of Crete. time. worried about what is going to happen In May 1941 the Nazis began executing Hit- Mr. SANDERS. Mr. Speaker, I thank to their kids because it appears very ler's directive and launched an airborne inva- the gentleman for yielding. likely that for the first time in the sion on a scale unprecedented in history. With Mr. Speaker, let me begin by express- modern history of the United States, lightning speed, the Germans dropped some ing my disappointment at the vote our children will have a lower standard 20,000 troops on the island by air; in addition, that took place in the House today re- of living than we will have. the Germans and Italians launched a land in- garding the defense budget. It seems to Mr. Speaker, this, in my view, is the vasion, sending troops by sea from the Greek me that in a time when Speaker GING- most important issue facing this coun- mainland, which had fallen to the Nazis a few RICH and his colleagues are talking try. I get very disappointed as an Inde- weeks earlier. about the need to move this country pendent, as the only Independent in the The ensuing battle put up by the people of toward a balanced budget and are talk- Congress, that we do not see enough Crete and other Allied forces against the supe- ing about the crisis of our deficit situa- discussion here on that issue, certainly rior Nazi war machine was one of the most tion, that it makes no sense for the Re- from the Republican leadership. We significant of World War II. And though the publican leadership to be proposing a must have more of that discussion. Germans won the battle and took the island, defense budget which is $13 billion What is also going on in this country they did so at the highest possible costÐthey more than President Clinton has re- is, not only is the middle class shrink- would eventually lose the war. Karl Student, quest. ing, but we are seeing another phe- the Nazi general in charge of the invasion, I find it especially hypocritical that nomenon that should be of concern to called the battle ``the fiercest struggle any Ger- at a time when the Republican leader- all people. That is that the wealthiest man formation had ever had to face * * *'' ship is saying that we have got to bal- people in this country are becoming The German High Command would never ance the budget and to do so we must much wealthier at the same time as again attempt an operation of that size. make major cuts in Medicare, major the middle class is shrinking. The unanticipated heroism and ferocity with cuts in Medicaid, major cuts in edu- We are looking at a schizophrenic which the people of Crete fought delayed Hit- cation and veterans’ programs and en- economy. How bad is the situation ler's planned invasion of Russia by 3 months. vironmental protection, in the fuel as- today facing the working men and There were heavy losses on both sides. sistance program, and so many pro- women of this country? Let me just Strengthened by the knowledge that they were grams that the middle class and the make a few points. Again, these are defending a conceptÐdemocracyÐthat had working class of this country depend points I think that should be made originated from their homeland, Cretan civil- upon, low-income people depend upon over and over again. Twenty years ago, the workers of the United States were ians, including women, children, and the elder- that at the same time Mr. GINGRICH the best compensated in the entire ly, joined the battle against the Nazis, wielding says, well, it is OK that we spend bil- world. We were No. 1. Today, depending pitchforks and fashioning homemade weap- lions more for B–2 bombers that the upon the study that you might look at, ons. By the battle's end, the Cretans and the Pentagon does not want, that we start American workers rank 13 among in- Royal Air Force had inflicted so much damage spending billions of dollars more for dustrialized nations in terms of com- on Hitler's elite 7th Air Division that it was ren- the star wars program. The budget of the U.S. Government is pensation and benefits. dered useless to the Nazi effort to conquer the In fact, one of the great ironies of the what this country is all about, and I Middle East. current economic period is that we are The battle, moreover, continued long after think it is a sad day that we are saying seeing companies from Europe and the 11 days it took Hitler to finally take the that it is appropriate to spend billions elsewhere come to the United States in Greek island. The Cretans organized a resist- more on the military, despite the end search of, quote unquote, cheap labor. ance movement, which for the remaining 4 of the cold war, that we are prepared to In my State of Vermont and through- years of the war zealously fought the occupy- put approximately $100 billion into de- out this country, you can get hard- ing Nazi force. They suffered horrendously for fending Europe and Asia, although we working individuals who must work for their resistance; the Germans executed thou- do not even know who the enemy is $6 or $7 an hour. Those are wages that sands of civilians and randomly decimated en- now, but we do not have enough money large companies cannot get workers to tire towns, villages, and communities. They did to take care of our senior citizens who work for in Europe. So we are seeing not, however, suffer in vain. are in need, we do not have enough for certain European companies the The resistance the people of Crete mounted money to take care of our children. United States becoming what Mexico is against the invasion forced the Germans to at- This country has by far the highest for American companies. That is a very tempt to invade Russia during the oppressive rate of childhood poverty in the indus- sad state of affairs. Russian winterÐa task that proved to be too trialized world, 22 percent of our kids Mr. Speaker, adjusted for inflation, much for the Nazis. Their failure in Russia has in poverty. We do not have enough the average pay for four-fifths of Amer- since come to be recognized as the beginning money to help them. We do have ican workers plummeted by 16 percent of the end of Hitler's Third Reich. enough money to build B–2 bombers in the 20 years between 1973 and 1993. In We here in Congress should do our best to and star wars and things that the Pen- other words, whenever you turn on the ensure our citizens never forget the role the tagon does not even want. I think that television or whenever you read the citizens of Crete played in defeating fascism. is a very sad state of priorities that newspapers, they talk about the boom- Indeed, we honor ourselves by honoring Mr. GINGRICH and the Republican lead- ing economy. The economy is booming themÐmany of those who participated in the ership are expressing. for someone, but it certainly is not Cretan resistance movement emigrated to the Mr. Speaker, what I want to con- booming for the middle class or the United States and became American citizens. centrate on today is what I think is the working people of this country. I am proud to have been able to participate most important issue facing this coun- Between 1973 and 1993, the average in the remembrance of a historical event as try, and that is the state of our econ- pay for four-fifths of American workers important as the Battle of Crete. As the sac- omy and my very great fears that this plummeted by 16 percent. People are rifices the Cretans made 55 years ago dem- country, in many ways, is moving to- working for significantly lower wages. onstrate, we are indebted to Greece not only ward an oligarchy, which is a nation In 1973, the average American worker for giving the world the system upon which our controlled by relatively small numbers earned $445 a week. Twenty years later, country was founded, but for shedding the of very, very wealthy people. that worker was making $373 a week. blood of their sons and daughters to protect What is going on in this country That is the issue that should be de- that system as well. I strongly encourage all today is that since 1973, 80 percent of bated here on the floor of the House, Americans to join me in honoring Greek-Amer- all American families have seen their should be debated in the Senate every icans of Cretan decent, and our friends in incomes either decline or at best re- single day, should be debated all over Greece and Crete, for their contribution to one main stagnant. What is going on in my this country. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5147 How did we go from 1st to 13th in the made more money. You had a certain many people, even when they are sick, world in terms of the wages and bene- sense of job security. hesitate to go to the doctor because fits our workers received? How did it It seems that those days are ancient they just cannot afford the bill. happen that the middle class is shrink- history, as many of the new jobs that In terms of home ownership, which is ing? How did it happen that real wages are being created are part-time jobs or a key part of the American dream, that are declining? That is the $64 issue that temporary jobs. In the past 10 years, home ownership is also in rapid decline should be addressed by the President, the United States has lost 3 million for the average American worker. As a by the leadership of the Republican and white collar jobs and 1.8 million jobs in result of lower and lower incomes, an Democratic parties. manufacturing, just in the past 5 years. increasing number of young Americans Mr. Speaker, as bad as the situation Five companies, Ford, AT&T, General can no longer afford to purchase their is for the middle class and middle-age, Electric, ITT and Union Carbide alone own homes. In 1980, 21 percent of Amer- middle-class workers, the situation is have laid off well over 800,000 American icans under 25 owned their own homes. far worse for young American workers. workers in the last 15 years. Mean- In 1987, only 16 percent did. The answer In the last 15 years, the wages for while, while the decent-paying jobs is obvious: If you are not making de- entry-level jobs for young men who are continue to disappear, the number of cent wages, there is no way you are high school graduates has declined by involuntary part-time workers tripled going to be able to put a down payment 30 percent. Young families headed by between 1970 and 1993. or pay the mortgage on a home. persons younger than 30 saw their in- People might be surprised to know Mr. Speaker, while the middle class flation-adjusted median income col- that the largest private sector em- is in decline or the real wages of Amer- lapse by 32 percent from 1973 to 1990. ployer in the United States today is ican workers are going down, or while Young families headed by someone be- not General Motors. It is not General many of the new jobs are being created tween 25 and 24, these are young Amer- Electric. It is not IBM. It is Manpower to pay people $4.50, $5 and $6 an hour, ican families, had incomes $4,000 lower Incorporated. They are the leading sup- there is another aspect of our economy in 1991 than they did in 1979. Their plier of temporary employees. that must be addressed. That is, clear- entry-level wages were 10-percent lower Now, one of the tragic results of de- ly not everybody is hurting. Some peo- in 1991 than in 1979. clining wages in America is that the ple are doing very, very well. What all those statistics mean is average American worker is now work- This is an issue we just do not talk that for young people graduating high ing significantly more hours than used about enough. I think on this floor of school going out into the job market, to be the case. The number of Ameri- the House, and certainly the media the wages that they are earning are cans working at more than one job has does not talk about it enough, today, significantly lower than was the case almost doubled over the last 15 years. the United States has the dubious dis- just 20 years ago. So, as bad as the situ- So if the average American thinks, my tinction of having the most unfair dis- ation is for middle-age people, it is a God, I am the only person who has to tribution of wealth and income in the lot worse for younger people. That is work two jobs or three jobs, wake up. entire industrialized world. I think an issue that we must address and ana- It is your neighbor doing that. It is many of us used to think that in coun- lyze and correct. Americans at the people all over this country, because as tries like England, where you have queens and dukes the lords and barons, lower end of the wage scale are now the real wages decline, people are just that those were really class countries lowest paid workers in the entire in- scrambling as hard as they can. Cer- that you had a ruling class and an dustrialized world. One percent of tainly in the State of Vermont, it is upper class and you had a lower class. American workers with full-time jobs not unusual to see people working two But the truth of the matter is that the are paid so little that their wages do jobs, three jobs, just to pay the bills. United States of America today has a not enable them to live above the pov- Furthermore, when we talk about much more unfair and unequal dis- erty level. things like family values, I think what Mr. Speaker, we hear a whole lot, we many of us mean is the ability of a tribution of wealth than England. We heard it from President Reagan, we husband and a wife to spend some qual- have a much more unequal distribution heard it from President Bush, we are ity time with their kids. I remember than any other country on earth. Hard- hearing it from President Clinton seeing a constituent of mine in Bur- ly ever talked about, this issue, but we about all of the new jobs that are being lington, VT, who told me—she was should. What is going on now is that the created. The sad truth, however, is that shopping at a grocery store, that she wealthiest 1 percent of the population the vast majority if the jobs being cre- was working three part-time jobs. Her own 40 percent of the wealth in this ated are low-wage jobs. These are the husband was working four part-time Nation. That is more wealth than the jobs that pay workers $6 an hour, they jobs. They hardly ever had a chance to bottom 90 percent. pay workers $7 an hour. They often be together or, let alone, to spend time bring no health care benefits, no retire- with their child. b 2130 ment benefits, and no time off for vaca- That is what is happening all over The richest 1 percent own more tions or sick leave. this country. Not only are people work- wealth than the bottom 90 percent, and Also, one of the frightening aspects ing longer hours, in fact the average that gap between the rich and the poor of the new economy is that more and American is now working approxi- is growing wider. more of the new jobs being created are mately 160 hours a year more than was But it is not only wealth. We also part-time jobs or temporary jobs. What the case just 20 years ago. But what we have the most unfair distribution of in- we are seeing is that many employers are also seeing is that more and more come in the entire industrialized world. would rather hire two people for 20 Americans are lacking adequate medi- The highest-earning 4 percent of our hours a week or for 30 hours a week cal insurance. population make more money than do rather than one worker for 40 hours a We had a major debate here on the the bottom 51 percent. week because the employer does not floor of the House several years ago Mr. Speaker, from 1979 to 1995, house- have to pay any benefits. about the need for a national health hold incomes in the United States grew In fact, in 1993, one-third of the Unit- care policy. Those of us who advocated by $800 billion in real terms. But 50 per- ed States work force was composed of, the right of all Americans to have cent of that sum went to the wealthi- quote unquote, contingent labor, and health care as exists in virtually every est 5 percent of households, and 97 per- that is temporary labor. That means other industrialized nation on earth, cent of it went to the wealthiest 20 per- that you get a job for 4 months, for 6 we lost that debate. The result is that cent. The remaining 80 percent of fami- months and then you have to go out 3 years later, we are seeing more and lies scrambled for the crumbs, divvying looking for another job again. There more Americans not only without any up just 3 percent of all income growth was a time not so long ago in our his- health insurance, but we are seeing between them. tory when a real job meant 40 hours a more Americans who have inadequate So, in other words, when we talk week with benefits, decent health care, health insurance. By that, I mean very about the growth of the economy, what perhaps retirement, that you moved up high premiums, large deductibles, large we should ask ourselves is who is gain- the ladder if you did your job well. You copayments. The situation is such that ing that income. And what is clearly H5148 CONGRESSIONAL RECORD — HOUSE May 15, 1996 going on is the lion’s share, the over- tects American workers, that allows us heart, pay decent wages. They pay de- whelming amount of the growth in in- to export as well as import. cent wages because there are people come, is going to the very, very Mr. Speaker, if we are going to ad- who are negotiating with them to get wealthiest people while the vast major- dress the issue of raising wages in them to pay decent wages. ity of the people are seeing a decline in America, not only do we have to deal One of the concerns that I have right their real incomes. with the trade situation, not only do now in this country is that it is harder Mr. Speaker, there are a number of we have to become a country again and harder for workers to be able to reasons why the United States is see- which is building real products here in form trade unions. Very often, employ- ing a decline in its standard of living the United States of America, which is ers will harass those workers who are for its middle class and for its working using our technology go create new trying to develop a union, they will fire people, and I think one of them cer- jobs, producing real goods, but we also those workers under all kinds of pre- tainly has to do with the decline in our have to, in fact, raise the minimum tenses, they will bring in high-falutin industrial base, a decline of manufac- wage, and I am delighted that more consultants to try to frighten workers, turing in the United States of America. and more Members of Congress are be- they will threaten workers that they I would urge Members of Congress just ginning to understand that. will go to Mexico and Asia. to go to their local department stores A number of years ago I brought I think we need a new set of labor in virtually any part of America and forth legislation that would raise the law which says that any worker in this check the labels on the products that minimum wage to $5.50 an hour. It was country who wants to join a union they are observing, and more and more my view and is my view that if some- should have the freedom, without fear, what we are finding is that products body in this country works for 40 hours to participate in that process, and I be- are not manufactured in the United a week, that person should not be liv- lieve that as we strengthen the labor States, but they are manufactured in ing in poverty. That person should not movement in this country, that is, the Far East, they are manufactured in be more in debt at the end of the week more and more workers join unions, Malaysia. More and more they are than he or she was in the beginning of they will be stronger and be able to ne- manufactured in China. And we are not the week. And when some of us began gotiate good contracts which will not just talking about cheap products, but that crusade to raise the minimum only benefit them, but it will benefit we are talking about top-of-the-line wage, President Clinton was not on the whole country. Nonunion workers products as well. board, and many Democrats were not benefit substantially when we have And the reason that more and more on board, and virtually no Republicans strong unions because unions drive products are being manufactured in were on board. I am happy to say that wages up, and employers therefore China is that American companies are right now we have a majority support must pay nonunion workers a decent beginning, have invested tens and tens for raising the minimum wage in the wage as well. of billions of dollars in China, in Ma- House, I believe that is the case in the Mr. Speaker, I will soon be introduc- laysia, in Latin America, in many Senate as well, and I certainly hope ing a piece of legislation which I think other very poor Third World countries. that the gentleman from Georgia, [Mr. is quite important. One of the concerns So the good news is that corporate GINGRICH] will allow a clean minimum that I have increasingly in this coun- America is creating millions of new wage bill to come up in the House so try is the degree to which the tax- jobs every single year. The bad news is that we can vote it in and have the payers of our Nation are subsidizing that they are not creating those jobs in President sign it. large corporations through corporate the State of Vermont or the United The minimum wage today is at its welfare. Very conservative groups as States of America. They are creating lowest point in 40 years. If the mini- well as progressive groups estimate those jobs in China, and in Malaysia, mum wage today was at the same level that we spend about $125 billion every and in Latin America. as it was in 1970, it would be over $6 an year on corporate welfare, which is tax Now, why are these companies run- hour. So to raise the minimum wage to breaks and subsidies that go to some of ning to these countries? Well, it does $5.50 an hour, as the President would the largest corporations in America, not take a Ph.D. in economics to figure have us do in 2 years, is a conservative and let me give you just one example of it out. They are going to China because effort, and it is something we should do something that I and some of my col- workers in China receive 20 cents an immediately. leagues are working on right now. hour. There are workers in China who Mr. Speaker, if we are going to turn It seems to me to be very wrong that are 12 or 13 years of age making prod- this country around, I think it is im- when the United States Pentagon, ucts that we in the United States are portant that we also address the tax when our Pentagon, negotiates with purchasing, and, Mr. Speaker, I might situation in this country. The fact of various defense contractors, that some mention that I have introduced legisla- the matter is that as the rich become of the CEO’s of those defense compa- tion which would prohibit the importa- richer, as the middle class is shrinking, nies end up making huge salaries, basi- tion of products made in any country and as poor people are just fighting cally at taxpayer expense, at the same that is made by child labor. There are desperately to keep their heads above time as they are laying off tens and children in China, children in India, water, I think what we need to do is tens of thousands of American workers. children in Pakistan, who are 10, 11, 12 take a hard look at progressive tax- We pay the President of the United years old who are working for minus- ation, and that is to say that the larg- States $250,000 a year, and it seems to cule wages, who are doing the work est corporations who are today contrib- me to be very wrong that the taxpayers that American workers used to do. uting significantly less to our national of this country should be paying the It is no secret that this year we will coffers than they did 30 or 40 years ago, CEO’s of the major defense companies have a trade deficit of about $160 mil- to the richest people in this country substantially more. lion. That means we are importing $160 who have enjoyed significant declines I think the taxpayers of America billion more in goods and services than in their real tax rates, that it is appro- should be concerned, for example that we export. That equates to about 3 mil- priate to ask those people whose in- in 1994 James Miller, who is the CEO of lion decent manufacturing jobs comes are soaring to start paying their General Dynamics, earned $11.3 million Mr. Speaker, in my view, we are not fair share of taxes so we can provide in compensation. Now, what is inter- going to expand the middle class, we some real tax breaks for the middle esting is that General Dynamics, as a are not going to create decent-paying class and the working people of this percentage of their business, does 100 jobs for our young people unless we country. percent of their business with the U.S. deal with the trade situation. I think Mr. Speaker, one of the reasons that Government, which means that the the evidence is very clear that NAFTA wages in America have declined is that U.S. Government is paying Mr. Miller has been a disaster, as many of us had the trade union movement in America $11.3 million in income, and I think feared it would be. I have very serious has also declined. I think it will not be that is wrong for at least two reasons: reservations about GATT. a surprise to most American workers First, in terms of our deficit, I do not We need a trade policy that is a fair to understand that employers often do know why we are paying CEO’s who are trade policy, a trade policy that pro- not, out of the generosity of their 100 percent dependent on taxpayer May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5149 money over $11 million a year in com- the United States has today by far the portant aspects of that is we have to pensation. That is wrong. lowest voter turn out of any industri- limit the amount of money that people But, second of all, it is wrong as an alized nation on earth. can spend in a campaign. If you limit example, as a model of what this Con- Now how do we turn that around? the amount of money, you take away gress should be doing. One of the more How do we create a vibrant democracy the advantage of the big money inter- shameful aspects of the American where we have 70 to 80 percent of the ests. They cannot outspend you 10 to 1. economy at this point is that CEO’s of people voting rather than 40 percent of I think we have to move toward pub- major corporations today are earning the people or 50 percent? lic funding of elections, combined with about 200 times what their workers are b 2145 incentives coming from small dona- making; 200 times. That is unheard of tions, matching small donations. In in the industrialized world. It seems to I think, frankly, the answer is that that way we will have people who are me that the U.S. Congress should not this Congress has got to show the serving in Congress who come from the be encouraging and supporting that American people that we do feel their ranks of ordinary people and simply type of economic activity. pain, that we do understand what is are not hobnobbing with the wealthy So we have legislation, and I have in- going on in their lives, and we are will- and the powerful. troduced legislation along with several ing to respond to their problems. If we Most importantly, what concerns me other Members, that would say to the do not respond to their problems, peo- is that tens and tens of millions of CEO’s of the major defense companies ple are going to say, ‘‘It does not make Americans believe the political process that they cannot earn from the tax- any difference. Why do I have to get in- does not matter to them. They have payers of this country more than volved?’’ given up on the political process. That $200,000 a year in compensation. It is a catch-22. Unless ordinary peo- is very, very sad. I would suggest to I should point out once more that the ple begin to stand up and say, wait a people, and I say this as somebody who head of General Dynamics receives second, the U.S. Congress, representing was the mayor of a city for 8 years and $11.3 million, and as best we could un- all of the people in this country and am now in my third term in the U.S. derstand, every single penny of that not just the very rich, in the United Congress, that the only solution, basi- money comes from the taxpayers of States of America we should be able to cally, to that situation is for ordinary this country. That does not make any provide health insurance for every people to begin to stand up and fight sense. We are cutting back on so many man, woman, and child, as most of the back and reclaim this country for the programs that working people need and industrialized nations do; in the United ordinary people, for the middle class, to say, yeah, we got $11 million to pay States of America we should be able to for the working people of this country, the head of General Dynamics makes make sure that every young person and inform the U.S. Congress that all no sense. And I should point out that who has the ability is able to get a col- of us have a right to a decent standard this very same company has laid off lege education, as many of our indus- of living and a good life. All of our chil- over 35,000 workers between 1990 and trialized neighbors do; that in the dren have the right to a good future. 1995. United States of America we should be That right should not just exist to the So these guys are making more and able to create decent paying jobs; that very wealthy and the very powerful, more money from the taxpayers at ex- unless the people make those demands but that is not going to change unless actly the same time as they are laying on the Congress and start electing peo- people get involved in the political off tens of thousands of American ple to the Congress who are going to process, unless people understand what workers. That does not make any sense fight for the middle class, fight for the is going on at all levels of government. to me at all. working people, the Congress is going Mr. Speaker, let me just simply con- Mr. Speaker, I think you know some- to be unresponsive. clude by stating that in this great times Members of the Congress become That takes us to another issue in country, if democracy is to survive, if a little bit obsessed with ourselves and terms of how and why the Congress is all of our people are to enjoy a decent we think that the end of the world is unresponsive. That takes us to cam- standard of living, that is not a Uto- the Beltway around here. But we paign finance reform. Clearly there is pian vision, that can happen, but peo- should pay attention to the fact that something very much amiss when in- ple have got to be involved in the polit- tens of millions of people are giving up creasingly we are seeing in Congress, in ical process and have got to stand up on the political process, they are giv- State houses all over America, very and fight for their rights. ing up on the two-party system. Again, wealthy people taking out their check- f it is an issue that we do not talk about books and writing themselves large too much, but maybe as the only Inde- checks and saying, ‘‘Gee, I think I LEAVE OF ABSENCE pendent in the Congress I can raise the would like to run for President. It is By unanimous consent, leave of ab- issue, and that is there is something kind of boring in business now, I have sence was granted to: fundamentally wrong with the politics a midlife crisis, I would like to do Mrs. FOWLER (at the request of Mr. of this country when in the last elec- something else. I will make out a ARMEY), for today until 1:30 p.m., on tion, in 1994, only 38 percent of the peo- check and then run for the Presidency. account of medical reasons. ple came out to vote. 62 percent of the I will run for Governor, I will run for Mr. TALENT (at the request of Mr. people did not vote. the Senate,’’ so forth and so on. That is ARMEY), after 2 p.m. today and the bal- Mr. Speaker, there are a lot of rea- not what democracy is supposed to be ance of the week, on account of await- sons for that. But I think the major about. ing the birth of Christine Lyons Tal- reason has to do with the fact that A democracy is not supposed to be ent. large numbers of people who are hurt- about the Democratic and Republican f ing very, very badly no longer believe Parties holding fund-raisers here in that the U.S. Congress represents their Washington, D.C. I think last month, SPECIAL ORDERS GRANTED interests or is capable of responding to or a couple of months ago, the Repub- By unanimous consent, permission to their needs and their pain, and they are licans raised $16 million in one night, address the House, following the legis- saying, hey, politics, it does not mat- and recently the Democrats raised $12 lative program and any special orders ter, we do not care what is going on in million in one night, money which is heretofore entered, was granted to: Washington, we do not pay attention coming from some of the wealthiest (The following Members (at the re- to what is going on in Washington be- people in the United States of America, quest of Mr. HINCHEY) to revise and ex- cause all these people are living in an- some of the largest corporations in the tend their remarks and include extra- other world. United States of America. Some of neous material:) I think, given the fact that so many these guys contribute to both political Mr. WISE, for 5 minutes, today. men and women have put their lives on parties. Is that what democracy is sup- Ms. KAPTUR, for 5 minutes, today. the line, have fought and died to defend posed to be about? I think not. Mr. MEEHAN, for 5 minutes, today. freedom and democracy in this coun- I think we must move toward cam- Mrs. MINK of Hawaii, for 5 minutes, try, it is a very sad state of affairs that paign finance reform, and the most im- today. H5150 CONGRESSIONAL RECORD — HOUSE May 15, 1996

(The following Members (at the re- Mr. CANADY of Florida. and authorize a program for States, cities, or quest of Mr. RAMSTAD) to revise and ex- Mr. GILMAN in three instances. qualifying agencies desiring to own and oper- tend their remarks and include extra- Mr. SHUSTER. ate a water desalinization or reclamation fa- cility to develop such facilities, and for neous material:) Mr. PACKARD. other purposes; to the Committee on Re- Mr. RAMSTAD. Mr. RAMSTAD, for 5 minutes, today. sources and, in addition, to the Committees Mr. JONES, for 5 minutes on May 16. Mr. FORBES in two instances. on Science and Transportation and Infra- Mr. FOLEY, for 5 minutes, today. Mr. HOEKSTRA. structure. Mr. RIGGS, for 5 minutes each day on Mr. BAKER of California. today and May 16. Mr. GOODLING. f f Mr. TALENT. Mr. MOORHEAD. ENROLLED BILLS SIGNED EXTENSION OF REMARKS Mr. MARTINI. Mr. THOMAS, from the Committee (The following Members (at the re- By unanimous consent, permission to on House Oversight, reported that that quest of Mr. SANDERS) and to include revise and extend remarks was granted committee had examined and found extraneous matter:) to: truly enrolled bills of the House of the (The following Members (at the re- Mr. DORNAN. following titles, which were thereupon quest of Mr. HINCHEY) and to include Mr. FRISA. signed by the Speaker: extraneous matter:) Ms. ESHOO. H.R. 1743. An act to amend the Water Re- Mr. KENNEDY of Rhode Island. Mr. FARR of California in two in- sources Act of 1984 to extend the authoriza- Mr. ACKERMAN, in three instances. stances. tions of appropriations through fiscal year Mr. MEEHAN. Mr. BARTON of Texas. 2000, and for other purposes; and Mr. HAMILTON. Ms. FURSE. H.R. 1836. An act to authorize the Sec- Mr. STOKES. Mr. CARDIN. retary of the Interior to acquire property in Mr. NEAL of Massachusetts. Mrs. COLLINS of Illinois. the town of East Hampton, Suffolk County, Mr. BONIOR. Mr. COYNE. New York, for inclusion in the Amagansett Mr. CLYBURN. Mr. WARD. National Wildlife Refuge. Mr. ANDREWS. f f Mr. TORRICELLI. CORRECTION TO THE RECORD OF Mr. POMEROY. ADJOURNMENT Mr. FILNER. MAY 14, 1996, OF SENATE BILL Mr. LIPINSKI. REFERRED Mr. SANDERS. Mr. Speaker, I move Mr. THOMPSON. A bill of the Senate of the following that the House do now adjourn. Mr. UNDERWOOD. title was taken from the Speaker’s The motion was agreed to; accord- (The following Members (at the re- table and, under the rule, referred as ingly (at 9 o’clock and 50 minutes quest of Mr. RAMSTAD) and to include follows: p.m.), under its previous order, the extraneous matter:) S. 811. An act to authorize research into House adjourned until tomorrow, Mr. DAVIS. the desalinization and reclamation of water Thursday, May 16, 1996, at 9:15 a.m. h

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and an amended report concerning the foreign currencies and U.S. dollars utilized by various committees of the House of Representatives during the third quarter of 1995 and the 1st quarter of 1996 in connection with official foreign travel, pursuant to Public Law 95–384, are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1995

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Israel, Greece, Italy, and Portugal, Aug. 10–20, 1995: Hon. Patrick J. Kennedy ...... 8/15 8/18 Italy ...... 1,499.70 ...... 1,499.70 Visit to Belgium, Estonia, Romania, Norway, and Denmark, Aug. 21–Sept. 1, 1995: Delegation expenses ...... 8/18 8/23 Belgium ...... 877.72 ...... 1,799.17 ...... 2,676.89

Committee total ...... 2,377.42 ...... 1,799.17 ...... 4,176.59 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FLOYD SPENCE, Chairman, Apr. 30, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Karen Thurman ...... 2/6 2/8 Mexico ...... 250.00 ...... 624.95 ...... 874.95 Hon. E de la Garza ...... 2/6 2/8 Mexico ...... 250.00 ...... 934.95 ...... 1,184.95 Hon. Sam Farr ...... 2/6 2/8 Mexico ...... 250.00 ...... 686.95 ...... 936.95 Hon. Mark Foley ...... 2/6 2/8 Mexico ...... 250.00 ...... 1,158.95 ...... 1,408.95 Hon. Tom Ewing ...... 2/6 2/8 Mexico ...... 250.00 ...... 325.95 ...... 575.95 Keith Pitts ...... 2/6 2/8 Mexico ...... 250.00 ...... 557.00 ...... 807.00 Stacy Carey ...... 2/6 2/8 Mexico ...... 250.00 ...... 521.00 ...... 771.00 Christin Bradshaw ...... 2/6 2/8 Mexico ...... 250.00 ...... 511.95 ...... 761.95 Marshall Livingston ...... 2/6 2/8 Mexico ...... 250.00 ...... 694.95 ...... 944.95 Committee total ...... 250.00 ...... 6,016.65 ...... 8,266.65 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PAT ROBERTS, Chairman, Apr. 26, 1996. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5151 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Thomas Foglietta ...... 2/4 2/9 Italy ...... 1,229.00 ...... 1,229.00 Commercial air transportation ...... 404.33 ...... 404.33 Hon. Jerry Lewis ...... 1/7 1/8 France ...... 326.00 ...... 326.00 1/8 1/9 Russia ...... 338.00 ...... 338.00 Commercial air transportation ...... 3,488.35 ...... 3,488.35 Hon. Charles Wilson ...... 12/30 1/2 France ...... 978.00 ...... 978.00 1/2 1/8 Israel ...... 1,421.00 ...... 1,421.00 1/8 1/13 Egypt ...... 1,012.00 ...... 1,012.00 1/13 1/18 England ...... 1,480.00 ...... 1,480.00 Commercial air transportation ...... 8,094.20 ...... 8,094.20 Delacroix Davis ...... 2/21 2/25 Panama ...... 695.00 ...... 695.00 Commercial air transportation ...... 1,277.95 ...... 1,277.95 Elizabeth C. Dawson ...... 1/28 2/1 Germany ...... 600.00 ...... 600.00 2/1 2/4 Belgium ...... 660.00 ...... 660.00 Commercial air transportation ...... 3,027.55 ...... 99.00 ...... 3,306.55 Timothy L. Peterson ...... 1/7 1/8 France ...... 326.00 ...... 326.00 1/8 1/9 Russia ...... 338.00 ...... 338.00 Commercial air transportation ...... 3,488.35 ...... 3,488.35 John G. Shank ...... 2/26 2/27 Croatia ...... 180.53 ...... 180.53 2/27 3/2 Bosnia ...... 1,049.00 ...... 1,049.00 3/2 3/3 Croatia ...... 280.00 ...... 280.00 3/3 3/4 Hungary ...... 212.00 ...... 212.00 Commercial air transportation ...... 1,737.60 ...... 1,737.60 Deborah Weatherly ...... 2/22 2/25 Panama ...... 556.00...... 556.00 Commercial air transportation ...... 650.95 ...... 650.95 James Kulikowski ...... 2/4 2/6 El Salvador ...... 378.00...... 378.00 2/6 2/7 Mexico ...... 257.00...... 257.00 Commercial air transportation ...... 1,008.5 ...... 1,008.95 Therese McAuliffe ...... 2/14 2/17 Egypt ...... 690.00...... 690.00 2/17 2/19 Italy ...... 554.00...... 554.00 2/19 2/21 Hungary ...... 424.00...... 424.00 2/21 2/22 Austria ...... 262.00...... 59.00 ...... 321.00 Commercial air transportation ...... 4,271.95 ...... 4,271.95 Committee total ...... 14,245.53 ...... 27,689.18 ...... 99.00 42,033.71

Committee on Appropriations, Surveys and Inves- tigations staff: Alfred L. Esposito ...... 1/6 1/7 Netherlands ...... 288.50...... 4,482.01 ...... 77.00 ...... 4,847.51 1/8 1/11 Israel ...... 876.00...... 876.00 1/12 1/12 Netherlands ...... 125.50...... 125.50 Norman H. Gardner ...... 1/27 1/29 France ...... 373.75...... 5,922.53 ...... 410.77 ...... 6,707.05 1/29 1/31 Cote d’Ivoire ...... 292.50...... 292.50 1/31 2/2 Chad ...... 308.00...... 308.00 2/2 2/7 Senegal ...... 580.50...... 580.50 2/7 2/8 Gambia ...... 167.50...... 167.50 2/8 2/11 Sierra Leone ...... 441.00...... 441.00 2/17 2/20 Paraguay ...... 386.75...... 2,945.95 ...... 30.35 ...... 3,363.05 2/20 2/22 Argentina ...... 484.00...... 484.00 2/22 2/24 Uruguay ...... 259.25...... 259.25 Michael O. Glynn ...... 1/6 1/7 Netherlands ...... 288.50...... 4,482.01 ...... 158.95 ...... 4,929.46 1/8 1/11 Israel ...... 876.00...... 876.00 1/12 1/12 Netherlands ...... 138.00...... 138.00 William P. Haynes, Jr ...... 1/26 1/28 Netherlands ...... 336.00 ...... 7,169.02 ...... 364.51 ...... 7,869.53 1/28 1/30 South Africa ...... 378.00 ...... 378.00 1/30 1/31 Swaziland ...... 104.00 ...... 104.00 1/31 2/2 Mozambique ...... 460.00 ...... 460.00 2/2 2/5 South Africa ...... 556.25 ...... 556.25 2/5 2/7 Zimbabwe ...... 362.50 ...... 362.50 2/7 2/10 Kenya ...... 387.75 ...... 387.75 John D. O’Shaughnessy ...... 1/26 1/28 Netherlands ...... 336.00 ...... 7,169.02 ...... 461.94 ...... 7,966.96 1/28 1/30 South Africa ...... 378.00 ...... 378.00 1/30 1/31 Swaziland ...... 104.00 ...... 104.00 1/31 2/2 Mozambique ...... 460.00 ...... 460.00 2/2 2/5 South Africa ...... 556.25 ...... 556.25 2/5 2/7 Zimbabwe ...... 362.50 ...... 362.50 2/7 2/10 Kenya ...... 387.75 ...... 387.75 Robert J. Reitwiesner ...... 2/17 2/20 Paraguay ...... 386.75 ...... 2,986.95 ...... 97.83 ...... 3,471.53 2/20 2/22 Argentina ...... 484.00 ...... 484.00 2/22 2/24 Uruguay ...... 259.25 ...... 259.25 R.W. Vandergrift, Jr ...... 1/6 1/7 Netherlands ...... 288.50 ...... 4,482.01 ...... 291.40 ...... 5,061.91 1/8 1/11 Israel ...... 766.50 ...... 766.50 1/26 1/28 Netherlands ...... 336.00 ...... 7,169.02 ...... 936.66 ...... 8,841.68 1/28 1/30 South Africa ...... 378.00 ...... 378.00 1/30 1/31 Swaziland ...... 104.00 ...... 104.00 1/31 2/2 Mozambique ...... 460.00 ...... 460.00 2/2 2/5 South Africa ...... 556.25 ...... 556.25 2/5 2/7 Zimbabwe ...... 362.50 ...... 362.50 2/7 2/10 Kenya ...... 387.75 ...... 387.75 T. Peter Wyman ...... 1/27 1/29 France ...... 373.75 ...... 5,922.53 ...... 541.67 ...... 6,837.95 1/29 1/31 Core d’Ivoire ...... 292.50 ...... 292.50 1/31 2/2 Chad ...... 308.00 ...... 308.00 2/2 2/7 Senegal ...... 580.50 ...... 580.50 2/7 2/8 Gambia ...... 167.50 ...... 167.50 2/8 2/11 Sierra Leone ...... 441.00 ...... 441.00 2/17 2/20 Paraguay ...... 386.75 ...... 2,986.95 ...... 108.18 ...... 3,481.88 2/20 2/22 Argentina ...... 484.00 ...... 484.00 2/22 2/24 Uruguay ...... 259.25 ...... 259.25 Committee totals ...... 19,117.50 ...... 55,718.00 ...... 3,479.26 ...... 78,314.76 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB LIVINGSTON, Chairman, Apr. 30, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Cass Ballenger ...... 2/11 2/13 Mexico ...... 3 70.61 ...... 70.61 H5152 CONGRESSIONAL RECORD — HOUSE May 15, 1996 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

2/13 2/15 El Salvador ...... 3 229.51 ...... 229.51 2/15 2/16 Honduras ...... 3 34.84 ...... 34.84 2/16 2/19 Nicaragua ...... 3 40.00 ...... 40.00 Commercial airfare ...... 1,418.95 ...... 1,418.95 Hon. Doug Bereuter ...... 3/8 3/10 England ...... 3 134.00 ...... 134.00 Commercial airfare ...... 3,110.45 ...... 3,110.45 Paul Berkowitz ...... 1/12 1/18 Thailand ...... 1,519.00 ...... 1,519.00 Commercial airfare ...... 4,073.95 ...... 4,073.95 Hon. Eni Faleomavaega ...... 3/21 3/26 Fiji ...... 417.80 ...... 417.80 Commercial airfare ...... 3,947.11 ...... 3,947.11 Robert Hathaway ...... 2/10 2/12 Malaysia ...... 3 396.00 ...... 396.00 2/12 2/14 Indonesia ...... 450.00 ...... 450.00 2/14 2/16 Singapore ...... 506.00 ...... 506.00 2/16 2/18 Cambodia ...... 417.75 ...... 417.75 2/18 2/19 Hong Kong ...... 360.00 ...... 360.00 Commercial airfare ...... 4,308.95 ...... 4,308.95 John Heffern ...... 2/6 2/8 Hong Kong ...... 722.18 ...... 722.18 2/8 2/10 Thailand ...... 434.00 ...... 434.00 2/10 2/12 Malaysia ...... 406.00 ...... 406.00 2/12 2/14 Indonesia ...... 450.00 ...... 450.00 2/14 2/16 Singapore ...... 506.00 ...... 506.00 2/16 2/18 Cambodia ...... 417.75 ...... 417.75 Commercial airfare ...... 4,847.95 ...... 4,847.95 David Jung ...... 1/20 1/24 Austria ...... 1,048.00 ...... 1,048.00 1/24 1/26 Hungary ...... 424.00 ...... 424.00 Commercial airfare ...... 3,190.55 ...... 3,190.55 Hon. Tom Lantos ...... 1/16 1/17 Syria ...... 268.00 ...... 268.00 John Mackey ...... 1/20 1/24 Austria ...... 1,048.00 ...... 1,048.00 1/24 1/26 Hungary ...... 424.00 ...... 424.00 Commercial airfare ...... 3,190.55 ...... 3,190.55 Roger Noriega ...... 3/15 3/18 Nicaragua ...... 3 150.00 ...... 150.00 Commercial airfare ...... 685.95 ...... 685.95 Grover Joseph Rees ...... 1/12 1/19 Thailand ...... 3 1,448.07 ...... 1,448.07 Commercial airfare ...... 3,535.48 ...... 3,535.48 Grover Joseph Rees ...... 2/4 2/7 Guatemala ...... 618.00 ...... 618.00 Commercial airfare ...... 1,388.95 ...... 1,388.95 Hon. Chris Smith ...... 2/4 2/7 Gutemala ...... 618.00 ...... 618.00 Commercial airfare ...... 1,388.95 ...... 1,388.95 Committee total ...... 13,557.51 ...... 35,087.79 ...... 48,645.30 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Represents refund of unused per diem. BEN GILMAN, Chairman, May 2, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1, AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Russia, Jan. 13–19, 1996: Hon. Curt Weldon ...... 1/13 1/19 Russia ...... 1,711.00 ...... 287.40 ...... 1,998.40 Commercial airfare ...... 3,569.15 ...... 3,569.15 Hon. David J. Trachtenberg ...... 1/13 1/19 Russia ...... 1,711.00 ...... 161.67 ...... 1,872.67 Commercial airfare ...... 3,651.15 ...... 3,651.15 Visit to Germany and Belgium, Jan. 28–Feb. 4, 1996: Philip W. Grone ...... 1/28 2/1 Germany ...... 600.00 ...... 600.00 2/1 2/4 Belgium ...... 600.00 ...... 660.00 Commercial airfare ...... 3,207.55 ...... 3,207.55 Visit to Germany, Feb. 2–4, 1996: Hon. James B. Longley ...... 2/2 2/4 Germany ...... 684.00 ...... 684.00 Commercial airfare ...... 420.00 ...... 420.00 Visit to Italy Feb. 11–16, 1996: Robert B. Brauer ...... 2/2 2/4 Italy ...... 1,190.00 ...... 1,190.00 Commercial airfare ...... 3,185.15 ...... 3,185.15 Visit to Panama, Peru, Nicaragua, Feb. 5–10, 1996: Hon. Gene Taylor ...... 2/5 2/7 Panama ...... 378.00 ...... 378.00 2/7 2/9 Peru ...... 604.00 ...... 604.00 2/9 2/10 Nicaragua ...... 125.00 ...... 125.00 Hon. George O. Withers ...... 2/5 2/7 Panama ...... 378.00 ...... 378.00 2/7 2/9 Peru ...... 604.00 ...... 604.00 2/9 2/10 Nicaragua ...... 125.00 ...... 125.00 Commercial airfare ...... 340.09 ...... 340.09 Visit to Germany, Hungary and Italy, Feb. 11–17, 1996: Jeffrey M. Schwartz ...... 2/11 2/15 Germany ...... 850.00 ...... 850.00 2/15 2/15 Hungary ...... 2/15 2/17 Italy ...... 500.00 ...... 500.00 Commercial airfare ...... 3,285.35 ...... 3,285.35 Peter M. Steffes ...... 2/11 2/15 Germany ...... 850.00 ...... 850.00 2/15 2/15 Hungary ...... 2/15 2/17 Italy ...... 500.00 ...... 500.00 Commercial airfare ...... 3,285.35 ...... 3,285.35 Stephen O. Rossetti ...... 2/11 2/15 Germany ...... 850.00 ...... 850.00 2/15 2/15 Hungary ...... 2/15 2/17 Italy ...... 500.00 ...... 500.00 Commercial airfare ...... 656.55 ...... 656.55 Dudley L. Tademy ...... 2/11 2/15 Germany ...... 850.00 ...... 850 2/15 2/15 Hungary ...... 2/15 2/17 Italy ...... 500.00 ...... 500.00 Commercial airfare ...... 3,285.35 ...... 3,285.35 Donna L. Hoffmeier ...... 2/11 2/15 Germany ...... 850.00 ...... 850.00 2/15 2/15 Hungary ...... 2/15 2/17 Italy ...... 500.00 ...... 500.00 Commercial airfare ...... 3,285.35 ...... 3,285.35 Visit to Germany, Feb. 12–17, 1996: John D. Chapla ...... 2/12 2/17 Germany ...... 657.00 ...... 657.00 May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5153 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1, AND MAR. 31, 1996— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Commercial airfare ...... 1,882.45 ...... 1,882.45 Visit to Switzerland and United Kingdom March 15–18, 1996: Hon. Curt Weldon ...... 3/15 3/15 Switzerland ...... 310.00 ...... 310.00 3/15 3/15 United Kingdom ...... 576.00 ...... 576.00 Commercial airfare ...... 3,815.55 ...... 3,815.55 Christopher A. Williams ...... 3/15 3/15 Switzerland ...... 310.00 ...... 310.00 Commercial airfare ...... 3,125.25 ...... 3,125.25 Committee Totals ...... 13,951.00 ...... 29,773.99 ...... 43,724.99 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FLOYD SPENCE, Chairman, Apr. 30, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Janice Helwig ...... 1/9 United States ...... 3,434.28 ...... 3,434.28 1/10 3/29 Austria ...... 13,101.83 ...... 168.41 ...... 13,270.24 Hon. Steny Hoyer ...... 1/10 United States ...... 3,440.05 ...... 3,440.05 1/11 1/13 Austria ...... 424.00 ...... 424.00 Marlene Kaufmann ...... 1/10 United States ...... 3,440.05 ...... 3,440.05 1/11 1/13 Austria ...... 363.00 ...... 363.00 ...... 1/20 United States ...... 3,282.75 ...... 3,282.75 1/21 1/24 Switzerland ...... 822.00 ...... 822.00 ...... 3/25 United States ...... 3,347.95 ...... 3,347.95 3/26 3/30 Czech Republic ...... 876.00 ...... 876.00 Samuel Wise ...... 3/19 United States ...... 1,063.85 ...... 1,063.85 3/20 3/23 Czech Republic ...... 657.00 ...... 21.00 ...... 678.00 3/23 3/27 Austria ...... 812.00 ...... 31.75 ...... 843.75 Committee total ...... 17,055.83 ...... 18,008.93 ...... 221.16 ...... 35,285.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. CHRIS SMITH, Chairman, Apr. 30, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Bill Richardson ...... 1/17 1/20 Caribbean ...... 200.00 ...... (3) ...... 200.00 Calvin Humphrey ...... 1/17 1/20 Caribbean ...... 200.00 ...... (3) ...... 200.00 Hon. Bill Richardson ...... 2/9 2/10 Caribbean ...... 75.00 ...... (3) ...... 75.00 Calvin Humphrey ...... 2/9 2/10 Caribbean ...... 75.00 ...... (3) ...... 75.00 Hon. Bill Richardson ...... 2/12 2/26 Europe and Asia ...... 2,406.50 ...... 138.88 ...... 2,545.38 Commercial airfare ...... 8,444.85 ...... 8,444.85 Calvin Humphrey, Staff ...... 2/12 2/16 Europe and Asia ...... 2,406.50 ...... 138.86 ...... 2,545.36 Commercial airfare ...... 8,444.85 ...... 8,444.85 Louis Dupart, Staff ...... 3/31 4/3 Caribbean ...... 150.00 ...... 150.00 Commercial airfare ...... 642.95 ...... 642.95 Committee total ...... 5,513.00 ...... 17,532.65 ...... 277.74 ...... 23,323.39 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h LARRY COMBEST, Chairman, Apr. 30, 1996.

NOTICE OF PROPOSED The Congressional Accountability Act Specifically, these regulations are published RULEMAKING specifies that the enclosed notice be pub- pursuant to section 220(d) of the CAA. lished on the first day on which both Houses The provisions of section 220 are generally U.S. CONGRESS, are in session following this transmittal. effective October 1, 1996. 2 U.S.C. section OFFICE OF COMPLIANCE, Sincerely, 1351. Section 220(d) of the Act directs the Washington, DC, May 14, 1996. GLEN D. NAGER, Board to issue regulations to implement sec- Hon. NEWT GINGRICH, Chair of the Board. tion 220. The proposed regulations set forth Speaker of the House, U.S. House of Represent- OFFICE OF COMPLIANCE—THE CONGRESSIONAL herein are to be applied to the Senate, the atives, The Capitol—Room H–233, Washing- ACCOUNTABILITY ACT OF 1995: EXTENSION OF House of Representatives, and the Congres- ton, DC. RIGHTS, PROTECTIONS AND RESPONSIBILITIES sional instrumentalities and employees of DEAR MR. SPEAKER: Pursuant to Section UNDER CHAPTER 71 OF TITLE 5, UNITED the Senate, the House of Representatives, 304(b) of the Congressional Accountability STATES CODE, RELATING TO FEDERAL SERV- and the Congressional instrumentalities. Act of 1995 (2 U.S.C. § 1384(b)), I am transmit- ICE LABOR-MANAGEMENT RELATIONS (REGU- These regulations set forth the recommenda- ting on behalf of the Board of Directors the LATIONS UNDER SECTION 220(d) OF THE CON- tions of the Deputy Executive Director for enclosed notice of proposed rulemaking for GRESSIONAL ACCOUNTABILITY ACT) the Senate, the Deputy Executive Director publication in the Congressional Record. The NOTICE OF PROPOSED RULEMAKING for the House of Representatives and the Ex- notice contains the recommendation of the Summary: The Board of Directors of the Of- ecutive Director, Office of Compliance, as ap- Deputy Executive Director for the Senate fice of Compliance is publishing proposed proved by the Board of Directors, Office of which the Board has approved and imple- regulations to implement section 220 of the Compliance. A Notice of Proposed Rule- ments § 220 of the Congressional Accountabil- Congressional Accountability Act of 1995 making under section 220(e) is being pub- ity Act. (‘‘CAA’’ or ‘‘Act’’), Pub. L. 104-1, 109 Stat. 3. lished separately. H5154 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Dates: Comments are due within 30 days of Advance Notice of Proposed Rulemaking missions under Part D (section 220) of the publication of this Notice in the Congres- (‘‘ANPR’’) that solicited comments from in- CAA. The commenter suggested that, if any sional Record. terested parties in order to obtain participa- modifications to the Office’s procedural rules Addressess: Submit written comments (an tion and information early in the rule- are required to implement section 220, the original and 10 copies) to the Chair of the making process. 142 Cong. R. S1547 (daily ed., Board should issue additional procedural Board of Directors, Office of Compliance, Mar. 6, 1996). In addition to inviting com- regulations under section 303 of the CAA, Room LA 200, John Adams Building, 110 Sec- ment on all relevant matters and/or specific rather than adopt assertedly ‘‘non-sub- ond Street, S.E., Washington, DC 20540-1999. questions arising under section 220 of the stantive’’ regulations of the FLRA. Those wishing to receive notification of re- CAA, the Office sought consultation with the Based on these views, this commenter took ceipt of comments are requested to include a FLRA and the Director of the Office of Per- the position that, with certain modifica- self-addressed, stamped post card. Comments sonnel Management with regard to the devel- tions, all regulations set forth in sub- may also be transmitted by facsimile opment of these regulations in accordance chapters C and D of the FLRA’s regulations (‘‘FAX’’) machine to (202) 426–1913. This is with section 304(g) of the CAA. The Office are substantive and should be adopted by the not a toll-free call. Copies of comments sub- has also consulted with interested parties to Board. Within those subchapters, this com- mitted by the public will be available for re- further its understanding of the need for and menter suggested the exclusion of those reg- view at the Law Library Reading Room, content of appropriate regulations. ulations that the commenter deemed purely Room LM-201, Law Library of Congress, The Board received 5 comments on the procedural. ‘‘Finally, this commenter opined James Madison Memorial Building, Washing- ANPR: one from the Secretary of the Senate that the regulations in subchapter B, set ton, DC, Monday through Friday, between and four from various labor organizations. the hours of 9:30 a.m. and 4:00 p.m. forth at sections 2411-2416, should not be Based on the information gleaned from its adopted by the Board as those sections do For Further Information Contact: Executive consultations and the comments on the Director, Office of Compliance at (202) 724- not implement provisions of chapter 71, as ANPR, the Board is publishing these pro- applied by the CAA. 9250. This notice is also available in the fol- posed rules, pursuant to section 220(d) of the The other commenter did not propose to lowing formats: large print, braille, audio CAA. tape, and electronic file on computer disk. 1. Substantive Regulations Promulgated by define the term ‘‘substantive regulations.’’ Requests for this notice in an alternative the Federal Labor Relations Authority.—In the Rather, this commenter asserted that, at format should be made to Mr. Russell Jack- ANPR, the Board invited comment on the present, it is not necessary for the Board to son, Director, Service Department, Office of meaning of the term ‘‘substantive regula- decide which of the FLRA’s regulations are the Sergeant at Arms and Doorkeeper of the tions’’ under sections 220 and 304 of the CAA substantive. Instead, this commenter sug- Senate, 202–224–2705. and further asked commenters to identify gested that, although the FLRA’s regula- SUPPLEMENTARY INFORMATION which of the regulations promulgated by the tions may or may not be ‘‘substantive regu- lations,’’ the regulations are sound proce- I. Background FLRA should be considered substantive regu- lations within the meaning of section 220 of dural guides that the Board is free to follow A. Introduction the CAA. In this regard, the Board noted in the exercise of its general rulemaking au- The Congressional Accountability Act of that certain of the FLRA’s regulations re- thority under sections 303 and 304 of the 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law late to processes that implement chapter 71, CAA. The commenter pointed to the ap- on January 23, 1995. In general, the CAA ap- while others relate to principles or criteria proach to rulemaking followed by the FLRA plies the rights and protections of eleven fed- for making decisions that implement chap- and the National Labor Relations Board eral labor and employment law statutes to ter 71. The Board invited commenters to dis- (NLRB) as models for the Board, arguing covered Congressional employees and em- cuss whether, in their view, the term ‘‘sub- that both the FLRA’s and the NLRB’s regu- ploying offices. Section 220 of the CAA con- stantive’’ as used in sections 220 and 304 of lations include the various processes by cerns the application of chapter 71 of title 5, the CAA might be intended to distinguish which unfair labor practice and representa- United States Code (‘‘chapter 71’’) relating to such regulations from those that are ‘‘proce- tion cases may be brought and considered Federal service labor-management relations. dural’’ in nature or content. In addition, the and that neither the FLRA nor the NLRB Section 220(a) of the CAA applies the rights, Board specifically invited comment on has sought to ‘‘define substantive rights by protections and responsibilities established whether and, if so, to what extent the Board regulation.’’ under sections 7102, 7106, 7111 through 7117, should propose the adoption of the FLRA Finally, one other commenter, while not 7119 through 7122 and 7131 of title 5, United regulations set forth in 5 C.F.R. sections addressing the meaning of the term ‘‘sub- States Code to employing offices and to cov- stantive regulations,’’ suggested that the ered employees and representatives of those 2411-2416. a. Summary of comments: Two commenters Board should adopt all of the FLRA’s regula- employees. tions, including sections 2411-2416. Section 220(d) authorizes the Board of Di- addressed the meaning of the term ‘‘sub- b. Board consideration and conclusion: The rectors of the Office of Compliance (‘‘Board’’) stantive regulations.’’ One of these two com- Board first examines the question of the to issue regulations to implement section 220 menters suggested that the term ‘‘sub- meaning of the term ‘‘substantive regula- and further states that, except as provided in stantive regulations’’ means ‘‘only those reg- subsection (e), such regulations ‘‘shall be the ulations promulgated by the [FLRA] that tions’’ under sections 220 and 304 of the Act. same as substantive regulations promulgated are necessary to implement the provisions of Under settled principles of administrative by the Federal Labor Relations Authority chapter 71 made applicable’’ by section 220 of law, substantive regulations are regulations [‘‘FLRA’’] to implement the statutory provi- the CAA. In this commenter’s view, the term implementing an underlying statute that are sions referred to in subsection (a) except-(A) ‘‘substantive regulations’’ should exclude issued by a regulatory body pursuant to its to the extent that the Board may determine, FLRA regulations that address procedural statutory authority. See Batterton v. for good cause shown and stated together processes already provided for by the CAA. Francis, 432 U.S. 416, 425 n.9 (1977). Such reg- with the regulation, that a modification of For example, because sections 405 and 406 of ulations are generally promulgated in ac- such regulations would be more effective for the CAA and the Office’s procedural rules cordance with the Administrative Procedure the implementation of the rights and protec- promulgated under section 303 set forth the Act, which requires that substantive rule- tions under this section; or (B) as the Board procedures for hearings and Board review of making generally be preceded by a general deems necessary to avoid a conflict of inter- hearing officer’s decisions, in this com- notice of proposed rulemaking at least thirty est or appearance of a conflict of interest.’’ menter’s view, provisions of the FLRA’s reg- days before the effective date of the proposed Section 220(e) further authorizes the Board ulations that purport to govern those mat- rule, and further requires that the agency af- to issue regulations on the manner and ex- ters should not be adopted by the Board. In ford interested persons an opportunity to tent to which the requirements and exemp- support of its position, the commenter cited participate in the rulemaking by submitting tions of chapter 71 should apply to covered to Batterton v. Francis, 432 U.S. 416, 425 n.9 written comments. Regulations issued pursu- employees who are employed in certain spec- (1977). ant to this process are substantive because ified offices, ‘‘except . . . that the Board This commenter further asserted that the they ‘‘have the force and effect of law,’’ id., shall exclude from coverage under [section term ‘‘substantive regulations’’ should nei- and because, among other things, they 220] any covered employees who are em- ther include FLRA regulations that are pro- ‘‘grant rights, impose obligations, or produce ployed in [the specified offices] if the Board cedural in nature, such as those addressing other significant effects on private inter- determines that such exclusion is required filing procedures, nor FLRA regulations that ests,’’ or . . . ‘effect a change in existent law because of (i) a conflict of interest or appear- address processes already provided for in pro- or policy.’ ’’ American Hospital Assoc. v. ance of a conflict of interest; or (ii) Congress’ cedural rules issued by the Office pursuant Bowen, 834 F.2d 1037, 1044 (D.C. Cir. 1987) (ci- constitutional responsibilities.’’ to section 303 of the CAA, because ‘‘their tations omitted). This Notice of Proposed Rulemaking sets adoption is not necessary to implement the That regulations may arguably be proce- forth proposed regulations under section provisions of chapter 71 made applicable by dural in content is, in the Board’s view, not 220(d) of the CAA. A Notice of Proposed Rule- the CAA.’’ The commenter stated that the a legally sufficient reason for not viewing making with respect to regulations under Board has issued regulations, pursuant to them as ‘‘substantive regulations.’’ Proce- section 220(e) is being published separately. section 303, that provide procedures for sub- dural rules can in fact be substantive regula- B. Advance Notice of Proposed Rulemaking missions under Part A of the CAA; the com- tions. Process is frequently the substance of On March 6, 1996, the Board of Directors of menter urged that, to the extent possible, law and regulation; indeed, in the labor laws, the Office of Compliance (‘‘Office’’) issued an the same procedures should be used for sub- process is the predominate means by which May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5155 substantive regulation is effectuated. More- may modify the FLRA’s substantive regula- organization hold exclusive recognition for over, in administrative law, it is common- tions ‘‘as the Board deems necessary to avoid 10% or more of the personnel of an employ- place for regulations covering procedures to a conflict of interest or appearance of a con- ing office in order for that labor organization be considered substantive regulations; as flict of interest.’’ to obtain consultation rights be modified for noted above, the Administrative Procedure a. Summary of comments: A number of com- good cause. Because of the small size of Act generally treats regulation of process as menters urged that the FLRA’s substantive many employing offices in the legislative substantive regulation. There is no evidence regulations should be adopted without branch, the commenter expressed the con- that Congress intended a different approach change. One of these commenters particu- cern that employing offices would be re- in the context of the CAA. Thus, it is the larly stressed, in its view, the need to adopt quired to engage in consultation when only Board’s conclusion that all regulations pro- without change the regulations that treat one or two employees are represented by a mulgated after a notice and comment period recourse to the Federal Service Impasses union. Such an obligation to consult would, by the FLRA to implement chapter 71 are Panel and the Merit Systems Protection in this commenter’s view, ‘‘interfere with appropriately classified as substantive regu- Board. But another commenter suggested the rights of unrepresented employees be- lations for the purposes of rulemaking under several modifications to the substantive reg- cause it would necessarily cause delay in im- sections 220 and 304 of the CAA. ulations. In addition to a variety of tech- plementation of new terms of employment.’’ In light of the foregoing, the Board has nical changes in nomenclature and terminol- (5) Posting of Materials considered the regulations promulgated by ogy, this commenter specifically suggested the FLRA in order to determine which of the the following modifications: The commenter suggested that sections regulations are ‘‘substantive regulations.’’ (1) Regulations implementing provisions of 2422.7 and 2422.23 of the FLRA’s regulations The regulations promulgated by the FLRA chapter 71 not made applicable by the be modified to prohibit the posting of any ‘‘are designed to implement the provisions of CAA material relating to a labor organization in chapter 71 of title 5 of the United States any area open to the public on the basis that The commenter stated that section Code . . . [and] prescribe the procedures, such a display of material would create a 2423.9(b) should not be adopted on the ground basic principles or criteria under which the conflict of interest ‘‘insofar as it may appear that it sets forth procedures implementing 5 Federal Labor Relations Authority or the that Congress is unduly influenced by par- U.S.C. section 7123(d), a section not incor- General Counsel’’ will carry out their func- ticular labor organizations.’’ porated into the CAA. tions, resolve issues and otherwise admin- b. Board Consideration and Response to Com- ister chapter 71. 5 C.F.R. § 2420.1. In addition, (2) Provisions inapplicable under the CAA ments: Based upon the comments received these regulations were issued according to The commenter further suggested that the and the Board’s understanding of chapter 71 the requirements of the Administrative Pro- definition of the term ‘‘activity’’ under sec- and the institutions to which it is being cedure Act, with a public notice and com- tion 2421.5 of the FLRA’s regulations should made applicable through the CAA, the Board ment period. Therefore, it is the Board’s be deleted on the ground that it has no appli- is proposing to adopt the FLRA’s regulations judgment that all the regulations promul- cability in the legislative branch. Further, published at 5 C.F.R. 2420–29 and 2470–71 with gated by the FLRA and published at 5 C.F.R. this commenter suggested that the term only limited modifications. The Board has 2411–2416, 2420–2430 and 2470–2472 are ‘‘sub- ‘‘Government-wide rule’’ found throughout proposed to delete provisions of the FLRA’s stantive regulations’’ within the meaning of the regulations should be changed to ‘‘Gov- regulations that were promulgated to imple- sections 220 and 304 of the CAA. ernment-wide rule applicable to the Senate ment provisions of chapter 71 that are not A review of the FLRA’s regulations dem- [Legislative Branch]’’ because not all gov- applied by the CAA. In this regard, sections onstrates, however, that not all of the ernment-wide rules apply to the legislative 2423.9(b)(c) and (d) have been deleted because FLRA’s substantive regulations are ones branch. Similarly, this commenter proposed they implement section 7123(d) of chapter 71, that the Board need adopt. Certain of the the deletion of section 2425.3(b) because it re- a provision that is not applied by the CAA. FLRA’s regulations were promulgated to im- lates to civil service employees, of which Similarly, section 2429.7 of the FLRA’s regu- plement provisions of statutes other than there are none in the legislative branch. The lations, relating to the issuance of subpoe- provisions of chapter 71 made applicable by commenter further suggested that Section nas, has been deleted because it implements the CAA. In this regard, in the ANPR, the 2429.2, relating to transfer and consolidation section 7132 of chapter 71, a section of chap- Board noted that sections 2411–2416 of the of cases, should also be deleted because it ter 71 that is not applied by the CAA. Fi- FLRA’s regulations treat, among other has no applicability in light of the structure nally, as statutory provisions in title 5 that things, the implementation and applicability of the Office of Compliance. Finally, accord- permit executive branch employees to have of the Freedom of Information Act, the Pri- ing to the commenter, part 2428 of the access to the Merit Systems Protection vacy Act and the Sunshine Act in the FLRA’s regulations, which relates to en- Board (MSPB) were not applied by the CAA, FLRA’s processes. Although one commenter forcement of decisions of the Assistant Sec- references to the MSPB have also been de- suggested that the referenced statutes and retary of Labor for Labor-Management Rela- leted. The Board finds that there is good the FLRA’s implementing regulations should tions, should not be adopted because the As- cause to make these modifications for the govern the processes of the Office of Compli- sistant Secretary has no authority under the reasons herein stated. ance, these statutes were not incorporated in CAA and neither covered employees nor em- In addition, the Board has proposed to the CAA and the Board thus is not proposing ploying offices are bound by the decisions of make technical changes in definitions, no- the adoption of sections 2411–2416 of the the Assistant Secretary. menclature and prescribed processes so that FLRA regulations. (3) Regulations addressing procedures gov- the regulations comport with the CAA and Similarly, the Board does not propose to erned by 405 and 406 of CAA the organizational structure of the Office of adopt either section 2430 of the FLRA’s regu- The commenter also contended that sec- Compliance. In the Boards judgment, mak- lations, which establishes procedures for ap- tion 220 of the CAA directs that all represen- ing such changes satisfies the Act’s ‘‘good plying for awards of attorney fees and other tation and unfair labor practice matters that cause’’ requirement. However, contrary to expenses under the Equal Access to Justice arise under section 220 be referred ‘‘to a one commenter’s suggestion that the terms Act, 5 U.S.C. 504, or section 2472, which im- hearing officer for decision pursuant to sub- ‘‘activity’’ and ‘‘Government-wide’’ rule be plements provisions of section 6131 of title 5 section (b) through (h) of section 405.’’ Fur- omitted or modified, the Board is of the view of the United States Code. As neither 5 ther, according to the commenter, sections that these concepts have applicability in the U.S.C. 504 nor 5 U.S.C. 6131 is applied by the 220(c)(1) and (2) require that decisions of the context of the CAA and therefore should not CAA, sections 2430 and 2472 were not promul- hearing officers be reviewed by the Board be deleted or modified. Of course, the Board gated to implement statutory provisions under section 406 of the CAA. Consequently, welcomes additional comment on these is- that are applied by section 220 and, accord- in this commenter’s view, the Board should sues as part of interested parties’ comments ingly, the FLRA’s regulations implementing not adopt any FLRA regulation relating to on the proposed rules. them need not be adopted. In addition to the foregoing, the Board has 2. Proposed Modification of Substantive Regu- the conduct of hearings on representation concluded that there is good cause to pro- lations of the FLRA.—In the ANPR, the Board petitions or unfair labor practice allegations pose certain other modifications to the invited comment on whether and to what ex- or relating to Board review of decisions. For FLRA’s regulations. These proposed modi- tent it should, pursuant to section 220(d) of example, this commenter suggested that sec- fications are discussed below. the CAA, modify the substantive regulations tions 2422.18–22 of the FLRA’s regulations promulgated by the FLRA. Section 220(d) should be omitted because they relate to the (1) Exercise of Investigative and Adjudicatory provides that the Board shall issue regula- procedures for the conduct of pre-election in- Responsibilities tions that are the same as applicable sub- vestigatory hearings on representation peti- In issuing these proposed regulations to stantive regulations of the FLRA ‘‘except to tions; according to the commenter, proce- implement section 220, the Board has had to the extent that the Board may determine, dures for these hearings are governed by sec- determine how it may best exercise its inves- for good cause shown and stated together tion 405 of the CAA and by the Board’s proce- tigative and other authorities and respon- with the regulations, that a modification of dural rules. sibilities under section 220 of the CAA. In such regulations would be more effective for (4) Consultation Rights this regard, the Board notes that section the implementation of the rights and protec- The commenter additionally suggested 220(c)(1) of the CAA provides that the Board tions under this section’’ (emphasis added). that the threshold requirement in section shall exercise the authorities of the three Section 220(d) also provides that the Board 2426.1 of the FLRA’s regulations that a labor member Federal Labor Relations Authority H5156 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (Authority) under various provisions of chap- underlying statutory scheme that it was pur- section 2429.17, which provides procedures for ter 71 and that any ‘‘petition, or other sub- porting to impose on itself. In such cir- seeking Board reconsideration, have also mission that, under chapter 71. . .would be cumstances, the Board cannot find good been deleted. Although these subjects are submitted to the. . .Authority shall,. . .be cause to modify the FLRA’s regulations to not now covered by the Office’s procedural submitted to the Board’’. The Board further require formal adversarial proceedings where rules, they have general applicability to notes that section 220(c)(1) provides that the they are not presently required under chap- Board proceedings under the CAA. The Board Board ‘‘shall refer any matter under this ter 71. has determined that it would be more effec- paragraph to a hearing officer for decision Accordingly, the Board has examined the tive for the implementation of the rights and pursuant to. . .section 405’’; and yet it also range of investigative and adjudicatory func- protections under the CAA to propose and states that the Board may direct that the tions carried out by the FLRA and its offi- issue rules relating to amicus filings and re- General Counsel carry out the Board’s inves- cials under chapter 71 and the FLRA’s regu- consideration in all matters before the Board tigative authorities’’. Finally, the Board lations. The Board has further examined the as part of a rulemaking under section 303 of notes that section 220(c)(3) limits judicial re- manner in which those functions may most the Act. view to Board actions on unfair labor prac- effectively and appropriately be carried out (3) Arbitral awards on adverse actions tice complaints. As an initial matter, there- by the Office under the CAA. The Board has fore, there is a question as to whether sec- considered the suggestions of the com- The Board also agrees with the commenter tion 220(c)(1) should be read to require that menters, the differences in organizational who suggested the deletion of section all representation, arbitration, negotiability structure between the Office of Compliance 2425.3(b), a provision that precludes the and unfair labor practice issues that come and the FLRA, and the language and under- FLRA’s review of arbitration awards involv- before the Board first be referred to hearing lying statutory schemes of chapter 71 and ing certain adverse actions. Under chapter officers for decision under section 405, or the CAA. And, having done so, the Board has 71, Congress generally provided for the re- only to require referral of those matters that concluded that, consistent with the language view of arbitration awards by the FLRA. require a formal adversary hearing (involv- of section 220(c)(1) and the scheme envi- However, for awards relating to matters in ing, among other things, discovery and ad- sioned and implemented under chapter 71, is- which an employee has an option of either herence to formal rules of evidence) in order sues that are presented directly to the Au- filing an appeal with the Merit Systems Pro- to resolve the matter in dispute and create a thority may and should also be presented di- tection Board (or another adjudicative body) record for judicial review. After considerable rectly to the Board. Likewise, the Board has or of filing a grievance under a negotiated reflection, the Board is persuaded that Con- determined that issues that are submitted to grievance procedure, Congress provided for gress did not intend in the CAA to require administrative law judges in the chapter 71 judicial review of the award under the same that all issues first be presented to a hearing scheme should be submitted to hearing offi- standards of review that would be accorded officer under section 405. cers in the CAA scheme. Thus, the Board will to a decision of the MSPB or another appel- By its terms, section 220(c)(1) of the CAA decide representation issues, negotiability late body. Therefore, there is a symmetrical expressly contemplates a distinction be- issues and exceptions to arbitral awards framework for the review of arbitration tween investigative issues and those issues based upon a record developed through direct awards involving certain adverse actions in requiring referral for an adversary hearing. submissions from the parties and, where nec- the general Federal civil service in which de- Specifically, section 220 expressly acknowl- essary, further investigation by the Board cisions on such matters, whether made by an edges that the Board possesses and may exer- (through the person of the Executive Direc- arbitrator or an adjudicative body, are sub- cise investigative authorities, and explicitly tor); and it will refer unfair labor practice ject to the same judicial review. In contrast, states that the Board may direct the General complaints to hearing officers for initial de- there is no such symmetry of review under Counsel to carry out such investigative au- cision under section 405 (and then review by the CAA because legislative branch employ- thorities. A fortiori, the Board does not have the Board and the courts). ees have no recourse to the MSPB or other to refer matters involving these ‘‘investiga- Contrary to one commenter’s assertion, similar administrative agencies and there is tive authorities’’ to a hearing officer (but 220(c)(1) does not require that pre-election no judicial review of arbitrators’ awards. If rather may direct the General Counsel to hearings on representation petitions be con- section 2425.3(b) were not deleted, employees carry them out or carry them out itself). ducted pursuant to section 405 of the CAA. The textual reference to the Board’s inves- and employing offices under the CAA would Such hearings are investigatory in nature; tigative authorities is, in fact, only one of be deprived of a forum for review of arbitra- and they do not require formal adversarial the statutory signals that Congress did not tion awards involving certain adverse ac- proceedings. They are to be conducted as intend to require the Board to refer all issues tions. Accordingly, the Board concludes that part of the Board’s authority to investigate to a hearing officer for initial decision under there is good cause to modify the FLRA’s representation petitions pursuant to the pro- Section 405. Section 220(c)(3) further specifies regulations by deleting section 2425.3(b). visions of chapter 71 that are applied by the that there shall be judicial review of only (4) Consultation rights CAA. They thus need not be conducted by Board actions on unfair labor practice com- hearing officers under section 405. Under section 2426.1(a) of the FLRA’s regu- plaints. Since one of the key purposes of the lations, an agency or an agency’s primary section 405 hearing process is to create a (2) Procedural matters national subdivision shall accord national record for judicial review, this limitation of The Board has further concluded that consultation rights to a labor organization the judicial review process is another textual there is good cause to modify the FLRA’s that ‘‘[h]olds exclusive recognition for ei- suggestion that Congress intended to require substantive regulations by omitting provi- ther: (i) Ten percent (10%) or more of the referral to a hearing officer of only those sions that set forth procedures which are al- total number of civilian personnel employed matters that require a hearing of the type ready provided for under comparable provi- by the agency and the non-appropriated fund contemplated by section 405—i.e., a formal sions of the Office’s procedural rules. There Federal instrumentalities under its jurisdic- adversary hearing that establishes a record are obvious benefits to having one set of pro- tion, excluding foreign nationals; or (ii) 3,500 for Board and then judicial review. cedural rules for matters arising under the or more employees of the agency.’’ The Indeed, in section 220, Congress purported CAA. Indeed, one commenter suggested this Board has determined that the 10% threshold to impose upon the legislative branch the beneficial outcome in arguing why certain requirement should not be modified for good labor law applicable to the executive branch. rules should not be considered to be ‘‘sub- cause, as one commenter suggested. The In that scheme, representation issues, nego- stantive regulations’’ within the meaning of Board agrees with the commenter that the tiability of bargaining proposals, and review section 304. While the Board believes that small size of many employing offices in the of arbitral awards are not subject to elabo- the rules are in fact substantive regulations, legislative branch must be considered. How- rate adversarial procedures. Rather, they are it believes that the benefits of having one set ever, the FLRA considered 10% of the em- subject to different investigative and of procedural rules provides the ‘‘good ployees of an agency or primary national decisional process better suited to expedi- cause’’ needed to modify the FLRA’s sub- subdivision to be a significant enough pro- tious and effective resolution of the issues stantive regulations in this respect. presented. A determination by the Board Accordingly, provisions of Part 2423 relat- portion of the employee complement to that the resolution of exceptions to arbitral ing to the filing of complaints and the con- allow for meaningful consultations, no mat- awards, negotiability of bargaining propos- duct of hearings on allegations of violations ter the size of the agency or the number of als, and representation petitions, must first of section 220 have been deleted or modified, its employees. No convincing reason has be referred to a hearing officer for an adver- as appropriate, where there is a specific reg- been provided by the commenter why the sarial hearing under section 405 would result ulation on the same matters in the Office’s FLRA’s judgment is not workable here, or in an overly cumbersome system that would procedural rules. Similarly, provisions of why there should be a different threshold re- undermine considerably the effective imple- Part 2429 of the FLRA’s regulations relating quirement for small legislative branch em- mentation of Section 220. The Board would to such matters as service, interlocutory ap- ploying offices from that applicable to small not hesitate to implement such a scheme if peals, computation of time, and methods of executive branch agencies. Congress had clearly commanded it; but, filing have been deleted or modified, to the By contrast, the same concern for the when read in context, the statutory language extent that they are the same as, or specifi- small size of many employing offices has does not so require, and the legislative his- cally provided for under, procedural rules al- prompted the Board to conclude that good tory contains no suggestion that Congress ready issued. Finally, section 2429.9 relating cause exists to modify the alternate thresh- intended such a striking departure from the to presentations by an amicus curiae and old requirement—i.e., the requirement that a May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5157 labor organization hold exclusive recogni- and capricious or based upon manifest dis- effective for the implementation of the tion of 3,500 or more of an agency’s employ- regard of the law.’’ In light of section rights and protections under section 220 to ees in order to be accorded national con- 225(f)(3) of the CAA, which states that the delete the two specified sentences, thereby sultation rights. Although the Board has CAA does not authorize executive branch en- allowing a labor organization to use the un- been unable through its research to deter- forcement of the Act, the Board should not fair labor practice procedures in all cir- mine the reasoning of the FLRA in choosing adopt a provision that would require the cumstances. the number 3,500 as a threshold requirement, Board to defer to decisions of an executive (8) Official time the number corresponds to the considerable branch agency. Accordingly, the Board has Section 2429.13 of the FLRA’s regulations size of many of the executive branch agen- modified the provisions of part 2428 by omit- requires employing offices to grant ‘‘official cies. Because none of the employing offices ting section 2428.3(a). time’’ to employees when the employees, has as many as 35,000 employees, the 3,500 (6) Production of evidence in pre-election in- participation in investigations or hearings is employee threshold is irrelevant in light of vestigatory hearings deemed necessary by hearing officers or Of- the existence of the other threshold require- As noted in section I.B.2. above, section fice officials. The Board has determined that ment, discussed above, of 10% of the em- 7132 of chapter 71, which authorizes the issu- section 2429.13 of the FLRA’s regulations ployee complement. The Board thus finds ance of subpoenas by various FLRA officials, should be modified by striking the last sen- that it is unworkable in this context and was not made applicable by the CAA. More- tence, which would require the payment by that there is good cause to delete it. over, as pre-election investigatory hearings employing offices of transportation and per Section 2426.11(a) requires that ‘‘[a]n agen- are not hearings that are conducted under diem expenses associated with employees, cy shall accord consultation rights on Gov- section 405 of the CAA, subpoenas for docu- participation in investigations or hearings ernment-wide rules or regulations to a labor ments or witnesses in such pre-election pro- on official time. The Board finds good cause organization that . . . [h]olds exclusive rec- ceedings are not available under the CAA. to modify the provision in light of the deci- ognition for 3,500 or more employees.’’ The Nonetheless, in order to properly decide dis- sion of the United States Supreme Court in Board has determined that this threshold re- puted representation issues and effectively Bureau of Alcohol, Tobacco and Firearms v. quirement should also be deleted for good implement section 220 of the CAA, a com- Federal Labor Relations Authority, 464 U.S. cause, since many of the employing offices in plete investigatory record comparable to 89, 104 S.Ct. 439 (1983), in which the Supreme the legislative branch are considerably that developed by the FLRA under chapter Court held that the FLRA had exceeded its smaller than executive branch agencies. 71 is necessary. Accordingly, there is good authority by requiring federal agencies to However, once this requirement is omitted, cause to modify section 2422.18 of the FLRA’s pay such per diem allowances and travel ex- there is no other requirement in the regula- regulations in order to ensure that such a penses. This regulatory requirement has tions by which to determine whether con- record is made in the absence of the avail- been authoritatively and finally invalidated sultation rights on Government-wide rules ability of subpoenas. To this end, the Board by the Supreme Court and thus has no appli- or regulations should be granted to a labor is specifically proposing the inclusion of sec- cability under the laws that have been incor- organization. Therefore, the Board has con- tion 2422.18(d), which provides that the par- porated by the CAA. cluded that the 10% threshold requirement ties have an obligation to produce existing (9) The Board’s exercise of the authorities of should be employed in this section as well. documents and witnesses for the pre-election the Federal Service Impasses Panel The 10% figure is used as an alternate cri- investigatory hearing in accordance with the Section 2470 of the FLRA’s regulations de- terion to 3,500 in according national con- instructions of the Executive Director; and fines the Federal Service Impasses Panel as sultation rights, and it is an appropriate the Board is further proposing that a willful all members of the Panel or a quorum there- standard to use for according consultation failure to comply with such instructions of and thus permits formal actions to be rights on Government-wide regulations as may in appropriate circumstances result in taken on behalf of the Panel by less than the well. an adverse inference being drawn on the Panel’s full complement of members. The (5) Enforcement of Decisions of the Assistant issue related to the evidence sought. Federal Service Impasses Panel is composed Secretary of Labor (7) Selection of the unfair labor practice pro- of seven members. The Board, which will ex- As noted above, one commenter asserted cedure or the negotiability procedure ercise the authorities of the Panel pursuant that part 2428 of the FLRA’s regulations is The Board has determined that there is to section 220(c)(4) of the CAA, is a five- inapplicable under the CAA and should be also good cause to delete the concluding sen- member body. It is the Board’s determina- omitted from the Board’s regulations. Part tence of sections 2423.5 and 2424.5 of the tion that it will be more effective for the im- 2428 of the FLRA’s regulations provides a FLRA’s regulations because, in the context plementation of section 220(c)(4) to provide procedure for the Assistant Secretary of of the CAA, they would serve improperly to for the full Board, rather than a quorum Labor for Labor-Management Relations to deprive judicial review in certain cir- thereof, to carry out its authorities under petition the FLRA to enforce decisions and cumstances. Generally, when an employing that section. Section 2470 of the regulation orders of the Assistant Secretary with re- office asserts it has no duty to bargain over has been modified accordingly. spect to labor organization conduct. a proposal, a labor organization may seek a (10) Conflict of Interest The Board has concluded that, although Board determination on the issue either As noted above, one commenter asserted the Assistant Secretary has no enforcement through an unfair labor practice proceeding that sections 2422.7 and 2422.23 of the FLRA’s authority over covered employing offices or or a negotiability proceeding. However, the regulations should be modified pursuant to covered employees, nothing in the CAA re- concluding sentences of the referenced regu- section 220(d)(2)(B). The two referenced sec- moves the Assistant Secretary of Labor’s au- lations preclude a labor organization from tions of the FLRA’s regulations provide, re- thority to regulate the conduct of labor or- filing an unfair labor practice charge in spectively, that an employing office may be ganizations, even those that exclusively rep- cases that solely involve an employing of- directed to post a notice advising affected resent legislative branch employees. Indeed, fice’s allegation that the duty to bargain in employees of the filing of a representation 5 U.S.C. 7120(d) authorizes the Assistant Sec- good faith does not extend to the matter pro- petition and that an employing office will retary of Labor for Labor-Management Rela- posed to be bargained and that do not in- post a notice of election when an election is tions to regulate the conduct of labor organi- volve actual or contemplated changes in con- to be conducted. In both instances the no- zations and is specifically incorporated into ditions of employment. In such cases, those tices, which in the context of the CAA will the CAA. Further, nothing in the CAA would sentences of the regulations provide that a be prepared by the Office of Compliance, preclude the Assistant Secretary from peti- labor organization may only file a petition must be posted in places where notices are tioning the Board to enforce a decision and for review of a negotiability issue. normally posted for the affected employees order involving a labor organization under Unlike chapter 71, the CAA does not pro- or they may be distributed in a manner by the jurisdiction of the CAA. In this regard, vide for direct judicial review of Board deci- which notices are normally distributed. The the FLRA promulgated part 2428 as part of sions and orders on petitions for review of commenter urges that these regulatory pro- its authority under section 7105 of chapter 71 negotiability issues. Rather, judicial review visions be modified to prohibit the publica- to ‘‘take such actions as are necessary and of Board determinations as to the negotiabil- tion of any material relating to a labor orga- appropriate to effectively administer the ity of collective bargaining proposals is only nization in any area open to the public. In provisions’’ of chapter 71. Under the CAA, available through an unfair labor practice support of the proposed modification, the the Board has specifically been granted the proceeding involving a dispute over an em- commenter states only that display of such same authority to administer the provisions ploying office’s duty to bargain. Accord- material in public view creates, at the very of chapter 71 as applied by the CAA. Accord- ingly, if sections 2423.5 and 2424.5 were not least, an appearance of a conflict of interest ingly, there is not good cause for the Board modified, a labor organization would, in cer- insofar as it may appear that Congress is un- to omit part 2428 in its entirety or to decline tain circumstances, be precluded from elect- duly influenced by particular labor organiza- to permit the Assistant Secretary to petition ing to file an unfair labor practice charge tions. the Board in accordance with the procedures and possibly obtaining judicial review of a In the ANPR, the Board requested com- set forth therein. Board decision. Rather, the labor organiza- menters to fully and specifically describe the However, the Board proposes not to adopt tion would be required to file a petition for conflict of interest or appearance thereof section 2428.3(a), which would require the review of the negotiability issue and any un- that they believe would exist were pertinent Board to enforce any decision or order of the favorable decision would be unreviewable. FLRA regulations not modified and to ex- Assistant Secretary unless it is ‘‘arbitrary The Board concludes that it would be more plain the necessity for avoiding the asserted H5158 CONGRESSIONAL RECORD — HOUSE May 15, 1996 conflict or appearance of conflict. The Board Subchapter C (1) Who is a current employee, applicant further asked commenters to explain how PART 2420—PURPOSE AND SCOPE for employment, or former employee of: the they interpret 220(d)(2)(B) and, in doing so, § 2420.1 Purpose and scope. House of Representatives; the Senate; the identify the factual and interpretive mate- Capitol Guide Service; the Capitol Police; The regulations contained in this sub- rials upon which they are relying. The com- chapter are designed to implement the provi- the Congressional Budget Office; the Office menter has not discussed section 220(d)(2)(B) sions of chapter 71 of title 5 of the United of the Architect of the Capitol; the Office of or explained why the proposed modification, States Code, as applied by section 220 of the the Attending Physician; the Office of Com- a specific prohibition on posting an Office of Congressional Accountability Act (CAA). pliance; or the Office of Technology Assess- Compliance notice in a public area, is nec- They prescribe the procedures, basic prin- ment; or essary to avoid an appearance of conflict; in- ciples or criteria under which the Board and (2) Whose employment in an employing of- deed, the commenter has not explained how the General Counsel, as applicable, will: fice has ceased because of any unfair labor the posting of a notice announcing the filing (a) Determine the appropriateness of units practice under section 7116 of title 5 of the of a petition or an upcoming election would for labor organization representation under 5 United States Code, as applied by the CAA, create the appearance of undue influence as- U.S.C. 7112, as applied by the CAA; and who has not obtained any other regular serted by the commenter. (b) Supervise or conduct elections to deter- and substantially equivalent employment as In the Board’s view, no appearance of con- mine whether a labor organization has been determined under regulations prescribed by flict of interest or undue influence is created selected as an exclusive representative by a the Board, but does not include—— (i) An alien or noncitizen of the United by an employing office posting a notice, pre- majority of the employees in an appropriate States who occupies a position outside of the pared by the Office of Compliance, advising unit and otherwise administer the provisions United States; covered employees of a pending petition or of 5 U.S.C. 7111, as applied by the CAA, relat- (ii) A member of the uniformed services; an election under a statute that Congress ing to the according of exclusive recognition (iii) A supervisor or a management official has specifically applied to itself, similar pro- to labor organizations; (c) Resolve issues relating to the granting or; visions of which apply in the private and of national consultation rights under 5 (iv) Any person who participates in a public sectors. Nothing in the FLRA’s regu- U.S.C. 7113, as applied by the CAA; strike in violation of section 7311 of title 5 of lations requires that notices be posted in (d) Resolve issues relating to determining the United States Code, as applied the CAA. public areas; the referenced notices must compelling need for employing office rules (3) For the purpose of determining the ade- only be posted or distributed in the manner and regulations under 5 U.S.C. 7117(b), as ap- quacy of a showing of interest or eligibility that other information affecting employees plied by the CAA; for consultation rights, except as required by is posted or distributed. Moreover, since the (e) Resolve issues relating to the duty to law, applicants for employment and former notices are prepared by the Office of Compli- bargain in good faith under 5 U.S.C. 7117(c), employees are not considered employees. ance, which is an independent office in the as applied by the CAA; (c) The term ‘‘employing office’’ means— legislative branch, no reasonable person (f) Resolve issues relating to the granting (1) The personal office of a Member of the could even begin to find undue influence of consultation rights with respect to condi- House of Representatives or of a Senator; from the posting itself. tions of employment under 5 U.S.C. 7117(d), (2) A committee of the House of Represent- The Board thus concludes that, contrary to as applied by the CAA; atives or the Senate or a joint committee; the commenter’s suggestion, it is not nec- (g) Conduct hearings and resolve com- (3) Any other office headed by a person essary to modify sections 2422.7 and 2422.23 of plaints of unfair labor practices under 5 with the final authority to appoint, hire, dis- the FLRA’s regulations to avoid a conflict of U.S.C. 7118, as applied by the CAA; charge, and set the terms, conditions, or (h) Resolve exceptions to arbitrators’ interest or appearance of conflict of interest. privileges of the employment of an employee awards under 5 U.S.C. 7122, as applied by the The Board therefore proposes to adopt those of the House of Representatives or the Sen- CAA; and ate; or provisions with only technical changes in no- (i) Take such other actions as are nec- menclature. (4) The Capitol Guide Board, the Capitol essary and appropriate effectively to admin- Police Board, the Congressional Budget Of- ister the provisions of chapter 71 of title 5 of II. Method of Approval fice, the Office of the Architect of the Cap- the United States Code, as applied by the itol, the Office of the Attending Physician, The Board recommends that (1) the version CAA. the Office of Compliance, and the Office of of the proposed regulations that shall apply PART 2421—MEANING OF TERMS AS USED Technology Assessment. to the Senate and employees of the Senate IN THIS SUBCHAPTER (d) The term ‘‘labor’’ organization means be approved by the Senate by resolution; (2) Sec. an organization composed in whole or in part the version of the proposed regulations that 2421.1 Act; CAA. of employees, in which employees partici- shall apply to the House of Representatives 2421.2 Chapter 71. pate and pay dues, and which has as a pur- and employees of the House of Representa- 2421.3 General Definitions. pose the dealing with an employing office tives be approved by the House of Represent- 2421.4 National consultation rights; con- concerning grievances and conditions of em- atives by resolution; and (3) the version of sultation rights on Government-wide ployment, but does not include— the proposed regulations that shall apply to rules or regulations; exclusive recogni- (1) An organization which, by its constitu- other covered employees and employing of- tion; unfair labor practices. tion, or otherwise, denies membership be- fices be approved by the Congress by concur- 2421.5 Activity. cause of race, color, creed, national origin, rent resolution. 2421.6 Primary national subdivision. sex, age, preferential or nonpreferential civil Signed at Washington, D.C., on this 14th 2421.7 Executive Director. service status, political affiliation, marital day of May, 1996. 2421.8 Hearing Officer. status, or handicapping condition; GLEN D. NAGER, 2421.9 Party. (2) An organization which advocates the Chair of the Board, 2421.10 Intervenor. overthrow of the constitutional form of gov- Office of Compliance. 2421.11 Certification. ernment of the United States; 2421.12 Appropriate unit. (3) An organization sponsored by an em- Subchapter C 2421.13 Secret ballot. ploying office; or 2420 Purpose and scope 2421.14 Showing of interest. (4) An organization which participates in 2421 Meaning of terms as used in this sub- 2421.15 Regular and substantially equiva- the conduct or a strike against the Govern- chapter lent employment. ment or any agency thereof or imposes a 2422 Representation proceedings 2421.16 Petitioner. duty or obligation to conduct, assist, or par- 2423 Unfair labor practice proceedings 2421.17 Eligibility Period. ticipate in such a strike. 2424 Expedited review of negotiability is- 2421.18 Election Agreement. (e) The term ‘‘dues’’ means dues, fees, and sues 2421.19 Affected by Issues raised. assessments. 2425 Review of arbitration awards 2421.20 Determinative challenged ballots. (f) The term ‘‘Board’’ means the Board of 2426 National consultation rights and con- § 2421.1 Act; CAA. Directors of the Office of Compliance. sultation rights on Government-wide The terms ‘‘Act’’ and ‘‘CAA’’ mean the (g) The term ‘‘collective bargaining agree- rules or regulations Congressional Accountability Act of 1995 ment’’ means an agreement entered into as a 2427 General statements of policy or guid- (P.L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). result of collective bargaining pursuant to ance the provisions of chapter 71 of title 5 of the § 2421.2 Chapter 71. 2428 Enforcement of Assistant Secretary United States Code, as applied by the CAA. standards of conduct decisions and orders The term ‘‘chapter 71’’ means chapter 71 of (h) The term ‘‘grievance’’ means any com- 2429 Miscellaneous and general require- title 5 of the United States Code. plaint— ments § 2421.3 General Definitions. (1) By any employee concerning any mat- (a) The term ‘‘person’’ means an individ- ter relating to the employment of the em- Subchapter D ual, labor organization or employing office. ployee; 2470 General (b) Except as noted in subparagraph (3) of (2) By any labor organization concerning 2471 Procedures of the Board in impasse this subsection, the term ‘‘employee’’ means any matter relating to the employment of proceedings an individual— any employee; or May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5159 (3) By any employee, labor organization, or by such work cannot be standardized in rela- (i) The employing office shall consider the employing office concerning— tion to a given period of time; or views or recommendations before taking (i) The effect or interpretation, or a claim (2) An employee who has completed the final action on any matter with respect to of breach, of a collective bargaining agree- courses of specialized intellectual instruc- which the views or recommendations are pre- ment; or tion and study described in subparagraph sented; and (ii) Any claimed violation, misinterpreta- (1)(i) of this paragraph and is performing re- (ii) The employing office shall provide the tion, or misapplication of any law, rule, or lated work under appropriate direction and labor organization a written statement of regulation affecting conditions of employ- guidance to qualify the employee as a profes- the reasons for taking the final action. ment. sional employee described in subparagraph (c) The term ‘‘exclusive recognition’’ (i) The term ‘‘supervisor’’ means an indi- (1) of this paragraph. means that a labor organization has been se- vidual employed by an employing office hav- (o) The term ‘‘exclusive representative’’ lected as the sole representative, in a secret ing authority in the interest of the employ- means any labor organization which is cer- ballot election, by a majority of the employ- ing office to hire, direct, assign, promote, re- tified as the exclusive representative of em- ees in an appropriate unit who cast valid bal- ward, transfer, furlough, layoff, recall, sus- ployees in an appropriate unit pursuant to lots in an election. pend, discipline, or remove employees, to ad- section 7111 of title 5 of the United States (d) The term ‘‘unfair labor practices’’ just their grievances, or to effectively rec- Code, as applied by the CAA. means— ommend such action, if the exercise of the (p) The term ‘‘firefighter’’ means any em- (1) Any of the following actions taken by authority is not merely routine or clerical in ployee engaged in the performance of work an employing office— nature, but requires the consistent exercise directly connected with the control and ex- (i) Interfering with, restraining, or coerc- of independent judgment, except that, with tinguishment of fires or the maintenance ing any employee in the exercise by the em- respect to any unit which includes fire- and use of firefighting apparatus and equip- ployee of any right under chapter 71, as ap- fighters or nurses, the term ‘‘supervisor’’ in- ment. plied by the CAA; cludes only those individuals who devote a (q) The term ‘‘United States’’ means the 50 (ii) Encouraging or discouraging member- preponderance of their employment time to states, the District of Columbia, the Com- ship in any labor organization by discrimina- exercising such authority. monwealth of Puerto Rico, Guam, the Virgin tion in connection with hiring, tenure, pro- (j) The term ‘‘management official’’ means Islands, the Trust Territory of the Pacific Is- motion, or other condition of employment; (iii) Sponsoring, controlling, or otherwise an individual employed by an employing of- lands, and any territory or possession of the assisting any labor organization, other than fice in a position the duties and responsibil- United States. to furnish, upon request, customary and rou- ities of which require or authorize the indi- (r) The term ‘‘General Counsel’’ means the tine services and facilities if the services and vidual to formulate, determine, or influence General Counsel of the Office of Compliance. facilities are also furnished on an impartial the policies of the employing office. (s) The term ‘‘Assistant Secretary’’ means basis to other labor organizations having (k) The term ‘‘collective bargaining’’ the Assistant Secretary of Labor for Labor- means the performance of the mutual obliga- equivalent status; Management Relations. (iv) Disciplining or otherwise discriminat- tion of the representative of an employing § 2421.4 National consultation rights; consulta- ing against an employee because the em- office and the exclusive representative of tion rights on Government-wide rules or reg- ployee has filed a complaint, affidavit, or pe- employees in an appropriate unit in the em- ulations; exclusive recognition; unfair labor tition, or has given any information or testi- ploying office to meet at reasonable times practices. mony under chapter 71, as applied by the and to consult and bargain in a good-faith ef- CAA; fort to reach agreement with respect to the (a)(1) The term ‘‘national consultation (v) Refusing to consult or negotiate in conditions of employment affecting such em- rights’’ means that a labor organization that good faith with a labor organization as re- ployees and to execute, if requested by either is the exclusive representative of a substan- quired by chapter 71, as applied by the CAA; party, a written document incorporating any tial number of the employees of the employ- ing office, as determined in accordance with (vi) Failing or refusing to cooperate in im- collective bargaining agreement reached, but passe procedures and impasse decisions as re- the obligation referred to in this paragraph criteria prescribed by the Board, shall— (i) Be informed of any substantive change quired by chapter 71, as applied by the CAA; does not compel either party to agree to a (vii) Enforcing any rule or regulation proposal or to make a concession. in conditions of employment proposed by the employing office; and (other than a rule or regulation implement- (l) The ‘‘term confidential employee’’ ing section 2302 of this title) which is in con- means an employee who acts in a confiden- (ii) Be permitted reasonable time to present its views and recommendations re- flict with any applicable collective bargain- tial capacity with respect to an individual ing agreement if the agreement was in effect who formulates or effectuates management garding the changes. (2) National consultation rights shall ter- before the date the rule or regulation was policies in the field of labor-management re- prescribed; or lations. minate when the labor organization no longer meets the criteria prescribed by the (viii) Otherwise failing or refusing to com- (m) The term ‘‘conditions of employment’’ ply with any provision of chapter 71, as ap- means personnel policies, practices, and Board. Any issue relating to any labor orga- nization’s eligibility for, or continuation of, plied by the CAA; matters, whether established by rule, regula- (2) Any of the following actions taken by a national consultation rights shall be subject tion, or otherwise, affecting working condi- labor organization— to determination by the Board. tions, except that such term does not include (i) Interfering with, restraining, or coerc- (b)(1) The term ‘‘consultation rights on policies, practices, and matters— ing any employee in the exercise by the em- Government-wide rules or regulations’’ (1) Relating to political activities prohib- ployee of any right under this chapter; ited under subchapter III of chapter 73 of means that a labor organization which is the (ii) Causing or attempting to cause an em- title 5 of the United States Code, as applied exclusive representative of a substantial ploying office to discriminate against any by the CAA; number of employees of an employing office employee in the exercise by the employee of (2) Relating to the classification of any po- determined in accordance with criteria pre- any right under this chapter; sition; or scribed by the Board, shall be granted con- (iii) Coercing, disciplining, fining, or at- (3) To the extent such matters are specifi- sultation rights by the employing office with tempting to coerce a member of the labor or- cally provided for by Federal statute. respect to any Government-wide rule or reg- ganization as punishment, reprisal, or for (n) The term ‘‘professional employee’’ ulation issued by the employing office the purpose of hindering or impeding the means— effecting any substantive change in any con- member’s work performance or productivity (1) An employee engaged in the perform- dition of employment. Such consultation as an employee or the discharge of the mem- ance of work— rights shall terminate when the labor orga- bers duties as an employee; (i) Requiring knowledge of an advanced nization no longer meets the criteria pre- (iv) Discriminating against an employee type in a field of science or learning cus- scribed by the Board. Any issue relating to a with regard to the terms or conditions of tomarily acquired by a prolonged course of labor organizations eligibility for, or con- membership in the labor organization on the specialized intellectual instruction and tinuation of, such consultation rights shall basis of race, color, creed, national origin, study in an institution of higher learning or be subject to determination by the Board. sex, age, preferential or nonpreferential civil a hospital (as distinguished from knowledge (2) A labor organization having consulta- service status, political affiliation, marital acquired by a general academic education, or tion rights under paragraph (1) of this sub- status, or handicapping condition; from an apprenticeship, or from training in section shall— (v) Refusing to consult or negotiate in the performance of routine mental, manual, (i) Be informed of any substantive change good faith with an employing office as re- mechanical, or physical activities); in conditions of employment proposed by the quired by chapter 71, as applied by the CAA; (ii) Requiring the consistent exercise of employing office; and (vi) Failing or refusing to cooperate in im- discretion and judgment in its performance; (ii) shall be permitted reasonable time to passe procedures and impasse decisions as re- (iii) Which is predominantly intellectual present its views and recommendations re- quired by chapter 71, as applied by the CAA; and varied in character (as distinguished garding the changes. (vii)(A) Calling, or participating in, a from routine mental, manual, mechanical, or (3) If any views or recommendations are strike, work stoppage, or slowdown, or pick- physical work); and presented under paragraph (2) of this sub- eting of an employing office in a labor-man- (iv) Which is of such character that the section to an employing office by any labor agement dispute if such picketing interferes output produced or the result accomplished organization— with an employing office’s operations; or H5160 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (B) Condoning any activity described in wise, but in no event by proxy, of a choice 2422.12 Timeliness of petitions seeking an subparagraph (A) of this paragraph by failing with respect to any election or vote taken election. to take action to prevent or stop such activ- upon any matter, which is cast in such a 2422.13 Resolution of issues raised by a peti- ity; or manner that the person expressing such tion. (viii) Otherwise failing or refusing to com- choice cannot be identified with the choice 2422.14 Effect of withdrawal/dismissal. ply with any provision of chapter 71, as ap- expressed, except in that instance in which 2422.15 Duty to furnish information and co- plied by the CAA; any determinative challenged ballot is operate. (3) Denial of membership by an exclusive opened. 2422.16 Election agreements or directed representative to any employee in the appro- § 2421.14 Showing of interest. elections. priate unit represented by such exclusive The term ‘‘showing of interest’’ means evi- 2422.17 Notice of pre-election investigatory representative except for failure— dence of membership in a labor organization; hearing and prehearing conference. (i) To meet reasonable occupational stand- employees’ signed and dated authorization 2422.18 Pre-election investigatory hearing ards uniformly required for admission, or cards or petitions authorizing a labor organi- procedures. (ii) To tender dues uniformly required as a zation to represent them for purposes of ex- 2422.19 Motions. condition of acquiring and retaining mem- clusive recognition; allotment of dues forms 2422.20 Rights of parties at a pre-election bership. executed by an employee and the labor orga- investigatory hearing. § 2421.5 Activity. nization’s authorized official; current dues 2422.21 Duties and powers of the Executive The term ‘‘activity’’ means any facility, records; an existing or recently expired Director in the conduct of the pre-elec- organizational entity, or geographical sub- agreement; current certification; employees’ tion investigatory hearing. division or combination thereof, of any em- signed and dated petitions or cards indicat- 2422.22 Objections to the conduct of the pre- ploying office. ing that they no longer desire to be rep- election investigatory hearing. § 2421.6 Primary national subdivision. resented for the purposes of exclusive rec- 2422.23 Election procedures. ‘‘Primary national subdivision’’ of an em- ognition by the currently certified labor or- 2422.24 Challenged ballots. ploying office means a first-level organiza- ganization; employees’ signed and dated pe- 2422.25 Tally of ballots. tional segment which has functions national titions or cards indicating a desire that an 2422.26 Objections to the election. in scope that are implemented in field activi- election be held on a proposed consolidation 2422.27 Determinative challenged ballots ties. of units; or other evidence approved by the and objections. 2422.28 Runoff elections. § 2421.7 Executive Director. Board. § 2421.15 Regular and substantially equivalent 2422.29 Inconclusive elections. ‘‘Executive Director’’ means the Executive employment. 2422.30 Executive Director investigations, Director of the Office of Compliance. notices of pre-election investigatory The term ‘‘regular and substantially equiv- § 2421.8 Hearing Officer. hearings, and actions; Board Decisions alent employment’’ means employment that and Orders. The term ‘‘Hearing Officer’’ means any in- entails substantially the same amount of 2422.31 Application for review of an Execu- dividual designated by the Executive Direc- work, rate of pay, hours, working conditions, tive Director action. tor to preside over a hearing conducted pur- location of work, kind of work, and seniority 2422.32 Certifications and revocations. suant to section 405 of the CAA on matters rights, if any, of an employee prior to the 2422.33 Relief obtainable under Part 2423. within the Office’s jurisdiction, including a cessation of employment in an employing of- 2422.34 Rights and obligations during the hearing arising in cases under 5 U.S.C. 7116, fice because of any unfair labor practice pendency of representation proceedings. as applied by the CAA, and any other such under 5 U.S.C. 7116, as applied by the CAA. matters as may be assigned. § 2421.16 Petitioner. § 2422.1 Purposes of a petition. § 2421.9 Party. ‘‘Petitioner’’ means the party filing a peti- A petition may be filed for the following The term ‘‘party’’ means: tion under Part 2422 of this Subchapter. purposes: (a) Any labor organization, employing of- § 2421.17 Eligibility period. (a) Elections or Eligibility for dues allotment. fice or employing activity or individual fil- The term ‘‘eligibility period’’ means the To request: ing a charge, petition, or request; (1)(i) An election to determine if employees (b) Any labor organization or employing payroll period during which an employee must be in an employment status with an in an appropriate unit wish to be represented office or activity. for the purpose of collective bargaining by (1) Named as— employing office or activity in order to be el- an exclusive representative; and/or (i) A charged party in a charge, igible to vote in a representation election (ii) A respondent in a complaint, or under Part 2422 of this Subchapter. (ii) A determination of eligibility for dues allotment in an appropriate unit without an (iii) An employing office or activity or an § 2421.18 Election agreement. exclusive representative; or incumbent labor organization in a petition. The term ‘‘election agreement’’ means an (2) An election to determine if employees (2) Whose intervention in a proceeding has agreement under Part 2422 of this Sub- in a unit no longer wish to be represented for been permitted or directed by the Board; or chapter signed by all the parties, and ap- the purpose of collective bargaining by an (3) Who participated as a party. proved by the Board, the Executive Director, (i) In a matter that was decided by an em- exclusive representative. or any other individual designated by the ploying office head under 5 U.S.C. 7117, as ap- (3) Petitions under this subsection must be Board, concerning the details and procedures plied by the CAA, or accompanied by an appropriate showing of of a representation election in an appro- (ii) In a matter where the award of an arbi- interest. priate unit. trator was issued; and (b) Clarification or Amendment. To clarify, (c) The General Counsel, or the General § 2421.19 Affected by issues raised. and/or amend: Counsel’s designated representative, in ap- The phrase ‘‘affected by issues raised’’, as (1) A certification then in effect; and/or propriate proceedings. used in Part 2422, should be construed broad- (2) Any other matter relating to represen- § 2421.10 Intervenor. ly to include parties and other labor organi- tation. zations, or employing offices or activities The term ‘‘intervenor’’ means a party in a (c) Consolidation. To consolidate two or that have a connection to employees affected proceeding whose intervention has been per- more units, with or without an election, in by, or questions presented in, a proceeding. mitted or directed by the Board, its agents an employing office and for which a labor or- or representatives. § 2421.20 Determinative challenged ballots. ganization is the exclusive representative. § 2421.11 Certification. ‘‘Determinative challenged ballots’’ are § 2422.2 Standing to file a petition. challenges that are unresolved prior to the The term ‘‘certification’’ means the deter- tally and sufficient in number after the tally A representation petition may be filed by: mination by the Board, its agents or rep- to affect the results of the election. an individual; a labor organization; two or resentatives, of the results of an election, or more labor organizations acting as a joint- PART 2422—REPRESENTATION the results of a petition to consolidate exist- petitioner; an individual acting on behalf of PROCEEDINGS ing exclusively recognized units. any employee(s); an employing office or ac- § 2421.12 Appropriate unit. Sec. tivity; or a combination of the above: pro- 2422.1 Purposes of a petition. vided, however, that (a) only a labor organiza- The term ‘‘appropriate unit’’ means that 2422.2 Standing to file a petition. grouping of employees found to be appro- tion has standing to file a petition pursuant 2422.3 Contents of a petition. to section 2422.1(a)(1); (b) only an individual priate for purposes of exclusive recognition 2422.4 Service requirements. under 5 U.S.C. 7111, as applied by the CAA, has standing to file a petition pursuant to 2422.5 Filing petitions. section 2422.1(a)(2); and (c) only an employ- and for purposes of allotments to representa- 2422.6 Notification of filing. tives under 5 U.S.C. 7115(c), as applied by the ing office or a labor organization may file a 2422.7 Posting notice of filing of a petition. petition pursuant to section 2422.1(b) or (c). CAA, and consistent with the provisions of 5 2422.8 Intervention and cross-petitions. U.S.C. 7112, as applied by the CAA. 2422.9 Adequacy of showing of interest. § 2422.3 Contents of a petition. § 2421.13 Secret ballot. 2422.10 Validity of showing of interest. (a) What to file. A petition must be filed on The term ‘‘secret ballot’’ means the ex- 2422.11 Challenge to the status of a labor or- a form prescribed by the Board and contain pression by ballot, voting machine or other- ganization. the following information: May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5161 (1) The name and mailing address for each for review shall be served on all parties af- (2) A current or recently expired collective employing office or activity affected by is- fected by issues raised in the filing. The serv- bargaining agreement covering any of the sues raised in the petition, including street ice shall include all documentation in sup- employees in the unit affected by issues number, city, state and zip code. port thereof, with the exception of a showing raised in the petition; or (2) The name, mailing address and work of interest, evidence supporting challenges (3) Evidence that it is or was, prior to a re- telephone number of the contact person for to the validity of a showing of interest, and organization, the certified exclusive rep- each employing office or activity affected by evidence supporting objections to an elec- resentative of any of the employees affected issues raised in the petition. tion. The filer must submit a written state- by issues raised in the petition. (3) The name and mailing address for each ment of service to the Executive Director. (d) Incumbent. An incumbent exclusive rep- labor organization affected by issues raised § 2422.5 Filing petitions. resentative, without regard to the require- in the petition, including street number, ments of paragraph (c) of this section, will be (a) Where to file. Petitions must be filed city, state and zip code. If a labor organiza- considered a party in any representation pro- with the Executive Director. tion is affiliated with a national organiza- (b) Number of copies. An original and two (2) ceeding raising issues that affect employees tion, the local designation and the national copies of the petition and the accompanying the incumbent represents, unless it serves affiliation should both be included. If a labor material must be filed with the Executive the Board, through the Executive Director, organization is an exclusive representative Director. with a written disclaimer of any representa- of any of the employees affected by issues (c) Date of filing. A petition is filed when it tion interest in the claimed unit. raised in the petition, the date of the certifi- is received by the Executive Director. (e) Employing office. An employing office or activity will be considered a party if any of cation and the date any collective bargain- § 2422.6 Notification of filing. ing agreement covering the unit will expire its employees are affected by issues raised in (a) Notification to parties. After a petition is or when the most recent agreement did ex- the petition. filed, the Executive Director, on behalf of pire should be included, if known. (f) Employing office or activity intervention. (4) The name, mailing address and work the Board, will notify any labor organiza- An employing office or activity seeking to telephone number of the contact person for tion, employing office or employing activity intervene in any representation proceeding each labor organization affected by issues that the parties have identified as being af- must submit evidence that one or more em- raised in the petition. fected by issues raised by the petition, that ployees of the employing office or activity (5) The name and mailing address for the a petition has been filed with the Office. The may be affected by issues raised in the peti- petitioner, including street number, city, Executive Director, on behalf of the Board, tion. state and zip code. If a labor organization pe- will also make reasonable efforts to identify § 2422.9 Adequacy of showing of interest. and notify any other party affected by the is- titioner is affiliated with a national organi- (a) Adequacy. Adequacy of a showing of in- zation, the local designation and the na- sues raised by the petition. (b) Contents of the notification. The notifica- terest refers to the percentage of employees tional affiliation should both be included. in the unit involved as required by §§ 2422.3 (6) A description of the unit(s) affected by tion will inform the labor organization, em- ploying office or employing activity of: (c) and (d) and 2422.8(c)(1). issues raised in the petition. The description (b) Executive Director investigation and ac- should generally indicate the geographic lo- (1) The name of the petitioner; (2) The description of the unit(s) or em- tion. The Executive Director, on behalf of the cations and the classifications of the em- ployees affected by issues raised in the peti- Board, will conduct such investigation as ployees included (or sought to be included) tion; and, deemed appropriate. The Executive Direc- in, and excluded (or sought to be excluded) (3) A statement that all affected parties tor’s determination, on behalf of the Board, from, the unit. should advise the Executive Director in writ- that the showing of interest is adequate is (7) The approximate number of employees ing of their interest in the issues raised in final and binding and not subject to collat- in the unit(s) affected by issues raised in the the petition. eral attack at a representation hearing or on petition. appeal to the Board. If the Executive Direc- (8) A clear and concise statement of the is- § 2422.7 Posting notice of filing of a petition. tor determines, on behalf of the Board, that sues raised by the petition and the results (a) Posting notice of petition. When appro- a showing of interest is inadequate, the Ex- the petitioner seeks. priate, the Executive Director, on behalf of ecutive Director will dismiss the petition, or (9) A declaration by the person signing the the Board, after the filing of a representa- deny a request for intervention. petition, under the penalties of the Criminal tion petition, will direct the employing of- Code (18 U.S.C. 1001), that the contents of the fice or activity to post copies of a notice to § 2422.10 Validity of showing of interest. petition are true and correct to the best of all employees in places where notices are (a) Validity. Validity questions are raised the person’s knowledge and belief. normally posted for the employees affected by challenges to a showing of interest on (10) The signature, title, mailing address by issues raised in the petition and/or dis- grounds other than adequacy. and telephone number of the person filing tribute copies of a notice in a manner by (b) Validity challenge. The Executive Direc- the petition. which notices are normally distributed. tor or any party may challenge the validity (b) Compliance with 5 U.S.C. 7111(e), as ap- (b) Contents of notice. The notice shall ad- of a showing of interest. plied by the CAA. A labor organization/peti- vise affected employees about the petition. (c) When and where validity challenges may tioner complies with 5 U.S.C. 7111(e), as ap- (c) Duration of notice. The notice should be be filed. Party challenges to the validity of a plied by the CAA, by submitting to the em- conspicuously posted for a period of ten (10) showing of interest must be in writing and ploying office or activity and to the Depart- days and not be altered, defaced, or covered filed with the Executive Director before the ment of Labor a roster of its officers and rep- by other material. pre-election investigatory hearing opens, un- resentatives, a copy of its constitution and § 2422.8 Intervention and cross-petitions. less good cause is shown for granting an ex- bylaws, and a statement of its objectives. By (a) Cross-petitions. A cross-petition is a pe- tension. If no pre-election investigatory signing the petition form, the labor organi- tition which involves any employees in a hearing is held, challenges to the validity of zation/petitioner certifies that it has submit- unit covered by a pending representation pe- a showing of interest must be filed prior to ted these documents to the employing activ- tition. Cross-petitions must be filed in ac- action being taken pursuant to § 2422.30. (d) Contents of validity challenges. Chal- ity or office and to the Department of Labor. cordance with this subpart. (c) Showing of interest supporting a represen- (b) Intervention requests and cross-petitions. lenges to the validity of a showing of inter- tation petition. When filing a petition requir- A request to intervene and a cross-petition, est must be supported with evidence. (e) Executive Director investigation and ac- ing a showing of interest, the petitioner accompanied by any necessary showing of in- tion. The Executive Director, on behalf of the must: terest, must be submitted in writing and Board, will conduct such investigation as (1) So indicate on the petition form; filed with the Executive Director before the deemed appropriate. The Executive Direc- (2) Submit with the petition a showing of pre-election investigatory hearing opens, un- tor’s determination, on behalf of the Board, interest of not less than thirty percent (30%) less good cause is shown for granting an ex- that a showing of interest is valid is final of the employees in the unit involved in the tension. If no pre-election investigatory and binding and is not subject to collateral petition; and hearing is held, a request to intervene and a (3) Include an alphabetical list of the attack or appeal to the Board. If the Execu- cross-petition must be filed prior to action names constituting the showing of interest. tive Director finds, on behalf of the Board, being taken pursuant to § 2422.30. (d) Petition seeking dues allotment. When (c) Labor organization intervention requests. that the showing of interest is not valid, the there is no exclusive representative, a peti- Except for incumbent intervenors, a labor Executive Director will dismiss the petition tion seeking certification for dues allotment organization seeking to intervene shall sub- or deny the request to intervene. shall be accompanied by a showing of mem- mit a statement that it has complied with 5 § 2422.11 Challenge to the status of a labor or- bership in the petitioner of not less than ten U.S.C. 7111(e), as applied by the CAA, and ganization. percent (10%) of the employees in the unit one of the following: (a) Basis of challenge to labor organization claimed to be appropriate. An alphabetical (1) A showing of interest of ten percent status. The only basis on which a challenge list of names constituting the showing of (10%) or more of the employees in the unit to the status of a labor organization may be membership must be submitted. covered by a petition seeking an election, made is compliance with 5 U.S.C. 7103(a)(4), § 2422.4 Service requirements. with an alphabetical list of the names of the as applied by the CAA. Every petition, motion, brief, request, employees constituting the showing of inter- (b) Format and time for filing a challenge. challenge, written objection, or application est; or Any party filing a challenge to the status of H5162 CONGRESSIONAL RECORD — HOUSE May 15, 1996 a labor organization involved in the process- tation issues that may be raised in a petition § 2422.16 Election agreements or directed elec- ing of a petition must do so in writing to the are encouraged to meet prior to the filing of tions. Executive Director before the pre-election the petition to discuss their interests and (a) Election agreements. Parties are encour- investigatory hearing opens, unless good narrow and resolve the issues. If requested aged to enter into election agreements. cause is shown for granting an extension. If by all parties a representative of the Office (b) Executive Director directed election. If the no hearing is held, challenges must be filed will participate in these meetings. parties are unable to agree on procedural prior to action being taken pursuant to (b) Meetings to narrow and resolve the issues matters, specifically, the eligibility period, § 2422.30. after the petition is filed. After a petition is method of election, dates, hours, or locations § 2422.12 Timeliness of petitions seeking an filed, the Executive Director may require all of the election, the Executive Director, on election. affected parties to meet to narrow and re- behalf of the Board, will decide election pro- (a) Election bar. Where there is no certified solve the issues raised in the petition. cedures and issue a Direction of Election, exclusive representative, a petition seeking § 2422.14 Effect of withdrawal/dismissal. without prejudice to the rights of a party to an election will not be considered timely if (a) Withdrawal/dismissal less than sixty (60) file objections to the procedural conduct of filed within twelve (12) months of a valid days before contract expiration. When a peti- the election. election involving the same unit or a sub- tion seeking an election that has been time- (c) Opportunity for an investigatory hearing. division of the same unit. ly filed is withdrawn by the petitioner or dis- Before directing an election, the Executive (b) Certification bar. Where there is a cer- missed by the Executive Director or the Director shall provide affected parties an op- tified exclusive representative of employees, Board less than sixty (60) days prior to the portunity for a pre-election investigatory a petition seeking an election will not be expiration of an existing agreement between hearing on other than procedural matters. considered timely if filed within twelve (12) the incumbent exclusive representative and (d) Challenges or objections to a directed elec- months after the certification of the exclu- the employing office or activity or any time tion. A Direction of Election issued under sive representative of the employees in an after the expiration of the agreement, an- this section will be issued without prejudice appropriate unit. If a collective bargaining other petition seeking an election will not be to the right of a party to file a challenge to agreement covering the claimed unit is pend- considered timely if filed within a ninety (90) the eligibility of any person participating in ing employing office head review under 5 day period from either: the election and/or objections to the elec- U.S.C. 7114(c), as applied by the CAA, or is in (1) The date the withdrawal is approved; or tion. effect, paragraphs (c), (d), or (e) of this sec- (2) The date the petition is dismissed by tion apply. § 2422.17 Notice of pre-election investigatory the Executive Director when no application hearing and prehearing conference. (c) Bar during employing office head review. for review is filed with the Board; or A petition seeking an election will not be (3) The date the Board rules on an applica- (a) Purpose of notice of an investigatory hear- considered timely if filed during the period tion for review; or ing. The Executive Director, on behalf of the of employing office head review under 5 (4) The date the Board issues a Decision Board, may issue a notice of pre-election in- U.S.C. 7114(c), as applied by the CAA. This and Order dismissing the petition. vestigatory hearing involving any issues bar expires upon either the passage of thirty Other pending petitions that have been raised in the petition. (30) days absent employing office head ac- timely filed under this Part will continue to (b) Contents. The notice of hearing will ad- tion, or upon the date of any timely employ- be processed. vise affected parties about the pre-election ing office head action. (b) Withdrawal by petitioner. A petitioner investigatory hearing. The Executive Direc- (d) Contract bar where the contract is for who submits a withdrawal request for a peti- tor will also notify affected parties of the is- three (3) years or less. Where a collective bar- tion seeking an election that is received by sues raised in the petition and establish a gaining agreement is in effect covering the the Executive Director after the notice of date for the prehearing conference. claimed unit and has a term of three (3) pre-election investigatory hearing issues or (c) Prehearing conference. A prehearing con- years or less from the date it became effec- after approval of an election agreement, ference will be conducted by the Executive tive, a petition seeking an election will be whichever occurs first, will be barred from Director or her designee, either by meeting considered timely if filed not more than one filing another petition seeking an election or teleconference. All parties must partici- hundred and five (105) and not less than sixty for the same unit or any subdivision of the pate in a prehearing conference and be pre- (60) days prior to the expiration of the agree- unit for six (6) months from the date of the pared to fully discuss, narrow and resolve ment. the issues set forth in the notification of the (e) Contract bar where the contract is for approval of the withdrawal by the Executive Director. prehearing conference. more than three (3) years. Where a collective (d) No interlocutory appeal of investigatory bargaining agreement is in effect covering (c) Withdrawal by incumbent. When an elec- tion is not held because the incumbent dis- hearing determination. The Executive Direc- the claimed unit and has a term of more tor’s determination of whether to issue a no- than three (3) years from the date it became claims any representation interest in a unit, a petition by the incumbent seeking an elec- tice of pre-election investigatory hearing is effective, a petition seeking an election will not appealable to the Board. be considered timely if filed not more than tion involving the same unit or a subdivision one hundred and five (105) and not less than of the same unit will not be considered time- § 2422.18 Pre-election investigatory hearing sixty (60) days prior to the expiration of the ly if filed within six (6) months of cancella- procedures. initial three (3) year period, and any time tion of the election. (a) Purpose of a pre-election investigatory after the expiration of the initial three (3) § 2422.15 Duty to furnish information and co- hearing. Representation hearings are consid- year period. operate. ered investigatory and not adversarial. The (f) Unusual circumstances. A petition seek- (a) Relevant information. After a petition is purpose of the hearing is to develop a full ing an election or a determination relating filed, all parties must, upon request of the and complete record of relevant and material to representation matters may be filed at Executive Director, furnish the Executive facts. any time when unusual circumstances exist Director and serve all parties affected by is- (b) Conduct of hearing. Pre-election inves- that substantially affect the unit or major- sues raised in the petition with information tigatory hearings will be open to the public ity representation. concerning parties, issues, and agreements unless otherwise ordered by the Executive (g) Premature extension. Where a collective raised in or affected by the petition. Director or her designee. There is no burden bargaining agreement with a term of three (b) Inclusions and exclusions. After a peti- of proof, with the exception of proceedings (3) years or less has been extended prior to tion seeking an election is filed, the Execu- on objections to elections as provided for in sixty (60) days before its expiration date, the tive Director, on behalf of the Board, may di- § 2422.27(b). Formal rules of evidence do not extension will not serve as a basis for dismis- rect the employing office or activity to fur- apply. sal of a petition seeking an election filed in nish the Executive Director and all parties (c) Pre-election investigatory hearing. Pre- accordance with this section. affected by issues raised in the petition with election investigatory hearings will be con- (h) Contract requirements. Collective bar- a current alphabetized list of employees and ducted by the Executive Director or her des- gaining agreements, including agreements job classifications included in and/or ex- ignee. that go into effect under 5 U.S.C. 7114(c), as cluded from the existing or claimed unit af- (d) Production of evidence. Parties have the applied by the CAA, and those that auto- fected by issues raised in the petition. obligation to produce existing documents matically renew without further action by (c) Cooperation. All parties are required to and witnesses for the investigatory hearing the parties, do not constitute a bar to a peti- cooperate in every aspect of the representa- in accordance with the instructions of the tion seeking an election under this section tion process. This obligation includes co- Executive Director or her designee. If a unless a clear and unambiguous effective operating fully with the Executive Director, party willfully fails to comply with such in- date, renewal date where applicable, dura- submitting all required and requested infor- structions, the Board may draw an inference tion, and termination date are ascertainable mation, and participating in prehearing con- adverse to that party on the issue related to from the agreement and relevant accom- ferences and pre-election investigatory hear- the evidence sought. panying documentation. ings. The failure to cooperate in the rep- (e) Transcript. An official reporter will § 2422.13 Resolution of issues raised by a peti- resentation process may result in the Execu- make the official transcript of the pre-elec- tion. tive Director or the Board taking appro- tion investigatory hearing. Copies of the of- (a) Meetings prior to filing a representation priate action, including dismissal of the peti- ficial transcript may be examined in the Of- petition. All parties affected by the represen- tion or denial of intervention. fice during normal working hours. Requests May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5163 by parties to purchase copies of the official ecutive Director or her designee may take request for specifically named observers at transcript should be made to the official any action necessary to schedule, conduct, least fifteen (15) days prior to an election. hearing reporter. continue, control, and regulate the pre-elec- The Executive Director may grant an exten- § 2422.19 Motions. tion investigatory hearing, including ruling sion of time for filing a request for specifi- on motions when appropriate. cally named observers for good cause where (a) Purpose of a motion. Subsequent to the a party requests such an extension or on the issuance of a notice of pre-election investiga- § 2422.22 Objections to the conduct of the pre- election investigatory hearing. Executive Director’s own motion. The re- tory hearing in a representation proceeding, quest must name and identify the observers a party seeking a ruling, an order, or relief (a) Objections. Objections are oral or writ- requested. must do so by filing or raising a motion stat- ten complaints concerning the conduct of a (2) An employing office or activity may use ing the order or relief sought and the pre-election investigatory hearing. as its observers any employees who are not grounds therefor. Challenges and other fil- (b) Exceptions to rulings. There are auto- eligible to vote in the election, except: ings referenced in other sections of this sub- matic exceptions to all adverse rulings. (i) Supervisors or management officials; part may, in the discretion of the Executive § 2422.23 Election procedures. (ii) Employees who have any official con- Director or her designee, be treated as a mo- (a) Executive Director conducts or supervises nection with any of the labor organizations tion. election. The Executive Director, on behalf of involved; or (b) Prehearing motions. Prehearing motions the Board, will decide to conduct or super- (iii) Non-employees of the legislative must be filed in writing with the Executive vise the election. In supervised elections, branch. (3) A labor organization may use as its ob- Director. Any response must be filed with employing offices or activities will perform servers any employees eligible to vote in the the Executive Director within five (5) days all acts as specified in the Election Agree- after service of the motion. The Executive election, except: ment or Direction of Election. (i) Employees on leave without pay status Director shall rule on the motion. (b) Notice of election. Prior to the election a (c) Motions made at the investigatory hear- who are working for the labor organization notice of election, prepared by the Executive involved; or ing. During the pre-election investigatory Director, will be posted by the employing of- (ii) Employees who hold an elected office hearing, motions will be made to the Execu- fice or activity in places where notices to in the union. tive Director or her designee, and may be employees are customarily posted and/or dis- (4) Objections to a request for specific ob- oral on the record, unless otherwise required tributed in a manner by which notices are servers must be filed with the Executive Di- in this subpart to be in writing. Responses normally distributed. The notice of election rector stating the reasons in support within may be oral on the record or in writing, but, will contain the details and procedures of the five (5) days after service of the request. absent permission of the Executive Director election, including the appropriate unit, the (5) The Executive Director’s ruling on re- or her designee, must be provided before the eligibility period, the date(s), hour(s) and quests for and objections to observers is final hearing closes. The Executive Director or location(s) of the election, a sample ballot, and binding and is not subject to the filing of her designee will rule on motions made at and the effect of the vote. an application for review with the Board. the hearing. (c) Sample ballot. The reproduction of any § 2422.24 Challenged ballots. (d) Posthearing motions. Motions made after document purporting to be a copy of the offi- (a) Filing challenges. A party or the Execu- the hearing closes must be filed in writing cial ballot that suggests either directly or tive Director may, for good cause, challenge with the Board. Any response to a indirectly to employees that the Board en- the eligibility of any person to participate in posthearing motion must be filed with the dorses a particular choice in the election the election prior to the employee voting. Board within five (5) days after service of the may constitute grounds for setting aside an (b) Challenged ballot procedure. An individ- motion. election if objections are filed under § 2422.26. ual whose eligibility to vote is in dispute § 2422.20 Rights of parties at a pre-election in- (d) Secret ballot. All elections will be by se- will be given the opportunity to vote a chal- vestigatory hearing. cret ballot. lenged ballot. If the parties and the Region (e) Intervenor withdrawal from ballot. When (a) Rights. A party at a pre-election inves- are unable to resolve the challenged ballot(s) two or more labor organizations are included tigatory hearing will have the right: prior to the tally of ballots, the unresolved (1) To appear in person or by a representa- as choices in an election, an intervening challenged ballot(s) will be impounded and tive; labor organization may, prior to the ap- preserved until a determination can be made, if necessary, by the Executive Direc- (2) To examine and cross-examine wit- proval of an election agreement or before the tor or the Board. nesses; and direction of an election, file a written re- (3) To introduce into the record relevant quest with the Executive Director to remove § 2422.25 Tally of ballots. evidence. its name from the ballot. If the request is (a) Tallying the ballots. When the election is (b) Documentary evidence and stipulations. not received prior to the approval of an elec- concluded, the Executive Director or her des- Parties must submit two (2) copies of docu- tion agreement or before the direction of an ignee will tally the ballots. mentary evidence to the Executive Director election, unless the parties and the Execu- (b) Service of the tally. When the tally is or her designee and copies to all other par- tive Director, on behalf of the Board, agree completed, the Executive Director will serve ties. Stipulations of fact between/among the otherwise, the intervening labor organiza- the tally of ballots on the parties in accord- parties may be introduced into evidence. tion will remain on the ballot. The Executive ance with the election agreement or direc- (c) Oral argument. Parties will be entitled Director’s decision on the request is final tion of election. (c) Valid ballots cast. Representation will be to a reasonable period prior to the close of and not subject to the filing of an applica- determined by the majority of the valid bal- the hearing for oral argument. Presentation tion for review with the Board. lots cast. of a closing oral argument does not preclude (f) Incumbent withdrawal from ballot in an a party from filing a brief under paragraph election to decertify an incumbent representa- § 2422.26 Objections to the election. (d) of this section. tive. When there is no intervening labor orga- (a) Filing objections to the election. Objec- (d) Briefs. A party will be afforded an op- nization, an election to decertify an incum- tions to the procedural conduct of the elec- portunity to file a brief with the Board. bent exclusive representative will not be tion or to conduct that may have improperly (1) An original and two (2) copies of a brief held if the incumbent provides the Executive affected the results of the election may be must be filed with the Board within thirty Director with a written disclaimer of any filed by any party. Objections must be filed (30) days from the close of the hearing. representation interest in the unit. When and received by the Executive Director with- (2) A written request for an extension of there is an intervenor, an election will be in five (5) days after the tally of ballots has time to file a brief must be filed with and re- held if the intervening labor organization been served. Any objections must be timely ceived by the Board no later than five (5) proffers a thirty percent (30%) showing of in- regardless of whether the challenged ballots days before the date the brief is due. terest within the time period established by are sufficient in number to affect the results (3) No reply brief may be filed without per- the Executive Director. of the election. The objections must be sup- ported by clear and concise reasons. An mission of the Board. (g) Petitioner withdraws from ballot in an election. When there is no intervening labor original and two (2) copies of the objections § 2422.21 Duties and powers of the Executive organization, an election will not be held if must be received by the Executive Director. Director in the conduct of the pre-election the petitioner provides the Executive Direc- (b) Supporting evidence. The objecting party investigatory hearing. tor with a written request to withdraw the must file with the Executive Director evi- (a) Duties. The Executive Director or her petition. When there is an intervenor, an dence, including signed statements, docu- designee, on behalf of the Board, will receive election will be held if the intervening labor ments and other materials supporting the evidence and inquire fully into the relevant organization proffers a thirty percent (30%) objections within ten (10) days after the ob- and material facts concerning the matters showing of interest within the time period jections are filed. that are the subject of the investigatory established by the Executive Director. § 2422.27 Determinative challenged ballots and hearing, and may make recommendations on (h) Observers. All parties are entitled to objections. the record to the Board. representation at the polling location(s) by (a) Investigation. The Executive Director, (b) Powers. During the period a case is as- observers of their own selection subject to on behalf of the Board, will investigate ob- signed to the Executive Director or her des- the Executive Director’s approval. jections and/or determinative challenged bal- ignee for pre-election investigatory hearing (1) Parties desiring to name observers must lots that are sufficient in number to affect and prior to the close of the hearing, the Ex- file in writing with the Executive Director a the results of the election. H5164 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (b) Burden of proof. A party filing objec- any other matter as the Executive Director (iii) Committed a clear and prejudicial tions to the election bears the burden of deems necessary. error concerning a substantial factual mat- proof by a preponderance of the evidence (b) Executive Director notice of pre-election ter. concerning those objections. However, no investigatory hearing. On behalf of the Board, (d) Opposition. A party may file with the party bears the burden of proof on chal- the Executive Director will issue a notice of Board an opposition to an application for re- lenged ballots. pre-election investigatory hearing to inquire view within ten (10) days after the party is (c) Executive Director action. After inves- into any matter about which a material served with the application. A copy must be tigation, the Executive Director will take issue of fact exists, where there is an issue as served on the Executive Director and all appropriate action consistent with § 2422.30. to whether a question concerning representa- other parties and a statement of service (d) Consolidated hearing on objections and/or tion exists, and any time there is reasonable must be filed with the Board. determinative challenged ballots and an unfair cause to believe a question exists regarding (e) Executive Director action becomes the labor practice hearing. When appropriate, and unit appropriateness. Board’s action. An action of the Executive Di- in accordance with § 2422.33, objections and/or (c) Executive Director action. After inves- rector becomes the action of the Board when: determinative challenged ballots may be tigation and/or hearing, when a pre-election (1) No application for review is filed with consolidated with an unfair labor practice investigatory hearing has been ordered, the the Board within sixty (60) days after the hearing. Such consolidated hearings will be Executive Director may, on behalf of the date of the Executive Director’s action; or conducted by a Hearing Officer. Exceptions Board, approve an election agreement, dis- (2) A timely application for review is filed and related submissions must be filed with miss a petition or deny intervention where with the Board and the Board does not un- the Board and the Board will issue a decision there is an inadequate or invalid showing of dertake to grant review of the Executive Di- in accordance with Part 2423 of this chapter interest, or dismiss a petition where there is rector’s action within sixty (60) days of the and section 406 of the CAA, except for the an undisputed bar to further processing of filing of the application; or following: the petition under law, rule or regulation. (3) The Board denies an application for re- (1) Section 2423.18 of this Subchapter con- (d) Appeal of Executive Director action. A view of the Executive Director’s action. cerning the burden of proof is not applicable; party may file with the Board an application (f) Board grant of review and stay. The (2) The Hearing Officer may not rec- for review of an Executive Director action Board may rule on the issue(s) in an applica- ommend remedial action to be taken or no- taken pursuant to section (c) above. tion for review in its order granting the ap- tices to be posted; and, (e) Contents of the Record. When no pre- plication for review. Neither filing nor (3) References to charge and complaint in election investigatory hearing has been con- granting an application for review shall stay Part 2423 of this chapter will be omitted. ducted all material submitted to and consid- any action ordered by the Executive Director § 2422.28 Runoff elections. ered by the Executive Director during the in- unless specifically ordered by the Board. vestigation becomes a part of the record. (g) Briefs if review is granted. If the Board (a) When a runoff may be held. A runoff When a pre-election investigatory hearing does not rule on the issue(s) in the applica- election is required in an election involving has been conducted, the transcript and all tion for review in its order granting review, at least three (3) choices, one of which is no material entered into evidence, including the Board may, in its discretion, afford the union or neither, when no choice receives a any posthearing briefs, become a part of the parties an opportunity to file briefs. The majority of the valid ballots cast. However, record. briefs will be limited to the issue(s) ref- a runoff may not be held until the objections (f) Transfer of record to Board; Board Deci- erenced in the Board’s order granting review. to the election and determinative challenged sions and Orders. In cases that are submitted ballots have been resolved. § 2422.32 Certifications and revocations. to the Board for decision in the first in- (b) Eligibility. Employees who were eligible (a) Certifications. The Executive Director, stance, the Board shall decide the issues pre- to vote in the original election and who are on behalf of the Board, will issue an appro- sented based upon the record developed by also eligible on the date of the runoff elec- priate certification when: the Executive Director, including the tran- tion may vote in the runoff election. (1) After an election, runoff, or rerun, script of the pre-election investigatory hear- (c) Ballot. The ballot in the runoff election (i) No objections are filed or challenged ing, if any, documents admitted into the will provide for a selection between the two ballots are not determinative, or record and briefs and other approved submis- choices receiving the largest and second (ii) Objections and determinative chal- sions from the parties. The Board may direct largest number of votes in the election. lenged ballots are decided and resolved; or that a secret ballot election be held, issue an (2) The Executive Director takes an action § 2422.29 Inconclusive elections. order dismissing the petition, or make such requiring a certification and that action be- (a) Inconclusive elections. An inconclusive other disposition of the matter as it deems comes the action of the Board under election is one where challenged ballots are appropriate. § 2422.31(e) or the Board otherwise directs the not sufficient to affect the outcome of the § 2422.31 Application for review of an Executive issuance of a certification. election and one of the following occurs: Director action. (b) Revocations. Without prejudice to any (1) The ballot provides for at least three (3) (a) Filing an application for review. A party rights and obligations which may exist under choices, one of which is no union or neither must file an application for review with the the CAA, the Executive Director, on behalf and the votes are equally divided; or Board within sixty (60) days of the Executive of the Board, will revoke a recognition or (2) The ballot provides for at least three (3) Director’s action. The sixty (60) day time certification, as appropriate, and provide a choices, the choice receiving the highest limit provided for in 5 U.S.C. 7105(f), as ap- written statement of reasons when an in- number of votes does not receive a majority, plied by the CAA, may not be extended or cumbent exclusive representative files, dur- and at least two other choices receive the waived. ing a representation proceeding, a disclaimer next highest and same number of votes; or (b) Contents. An application for review of any representational interest in the unit. (3) When a runoff ballot provides for a must be sufficient to enable the Board to choice between two labor organizations and § 2422.33 Relief obtainable under Part 2423. rule on the application without recourse to results in the votes being equally divided; or Remedial relief that was or could have the record; however, the Board may, in its (4) When the Board determines that there been obtained as a result of a motion, objec- discretion, examine the record in evaluating have been significant procedural irregular- tion, or challenge filed or raised under this the application. An application must specify ities. subpart, may not be the basis for similar re- the matters and rulings to which (b) Eligibility to vote in a rerun election. A lief if filed or raised as an unfair labor prac- exception(s) is taken, include a summary of current payroll period will be used to deter- tice under Part 2423 of this Chapter: provided, evidence relating to any issue raised in the mine eligibility to vote in a rerun election. however, that related matters may be con- application, and make specific reference to (c) Ballot. If a determination is made that solidated for hearing as noted in § 2422.27(d) page citations in the transcript if a hearing the election is inconclusive, the election will of this subpart. was held. An application may not raise any be rerun with all the choices that appeared issue or rely on any facts not timely pre- § 2422.34 Rights and obligations during the on the original ballot. sented to the Executive Director. pendency of representation proceedings. (d) Number of reruns. There will be only one (c) Review. The Board may, in its discre- (a) Existing recognitions, agreements, and ob- rerun of an inconclusive election. If the tion, grant an application for review when ligations under the CAA. During the pendency rerun results in another inconclusive elec- the application demonstrates that review is of any representation proceeding, parties are tion, the tally of ballots will indicate a ma- warranted on one or more of the following obligated to maintain existing recognitions, jority of valid ballots has not been cast for grounds: adhere to the terms and conditions of exist- any choice and a certification of results will (1) The decision raises an issue for which ing collective bargaining agreements, and be issued. If necessary, a runoff may be held there is an absence of precedent; fulfill all other representational and bar- when an original election is rerun. (2) Established law or policy warrants re- gaining responsibilities under the CAA. § 2422.30 Executive Director investigations, no- consideration; or, (b) Unit status of individual employees. Not- tices of pre-election investigatory hearings, (3) There is a genuine issue over whether withstanding paragraph (a) of this section and actions; Board Decisions and Orders. the Executive Director has: and except as otherwise prohibited by law, a (a) Executive Director investigation. The Ex- (i) Failed to apply established law; party may take action based on its position ecutive Director, on behalf of the Board, will (ii) Committed a prejudicial procedural regarding the bargaining unit status of indi- make such investigation of the petition and error; vidual employees, pursuant to 5 U.S.C. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5165 7103(a)(2), 7112(b) and (c), as applied by the any unfair labor practice prohibited under 5 accordance with the requirements in para- CAA: provided, however, that its actions may U.S.C. 7116, as applied by the CAA. graph (a) of this section. be challenged, reviewed, and remedied where § 2423.4 Contents of the charge; supporting evi- §2423.7 Investigation of charges. appropriate. dence and documents. (a) The General Counsel shall conduct such PART 2423—UNFAIR LABOR PRACTICE (a) A charge alleging a violation of 5 U.S.C. investigation of the charge as the General PROCEEDINGS 7116, as applied by the CAA, shall be submit- Counsel deems necessary. Consistent with Sec. ted on forms prescribed by the General Coun- the policy set forth in § 2423.2, the investiga- 2423.1 Applicability of this part. sel and shall contain the following: tion will normally not commence until the 2423.2 Informal proceedings. (1) The name, address and telephone num- parties have been afforded a reasonable 2423.3 Who may file charges. ber of the person(s) making the charge; amount of time, not to exceed fifteen (15) 2423.4 Contents of the charge; supporting (2) The name, address and telephone num- days from the filing of the charge, to infor- evidence and documents. ber of the employing office or activity, or mally resolve the unfair labor practice alle- 2423.5 Selection of the unfair labor practice labor organization against whom the charge gation. procedure or the negotiability procedure. is made; (b) During the course of the investigation 2423.6 Filing and service of copies. (3) A clear and concise statement of the all parties involved will have an opportunity 2423.7 Investigation of charges. facts constituting the alleged unfair labor to present their evidence and views to the 2423.8 Amendment of charges. practice, a statement of the section(s) and General Counsel. 2423.9 Action by the General Counsel. subsection(s) of chapter 71 of title 5 of the (c) In connection with the investigation of 2423.10 Determination not to file complaint. United States Code made applicable by the charges, all persons are expected to cooper- 2423.11 Settlement or adjustment of issues. CAA alleged to have been violated, and the ate fully with the General Counsel. 2423.12 Filing and contents of the com- date and place of occurrence of the particu- (d) The purposes and policies of chapter 71, plaint. lar acts; and as applied by the CAA, can best be achieved 2423.13 Answer to the complaint. (4) A statement of any other procedure in- by the full cooperation of all parties in- 2423.14 Prehearing disclosure; conduct of voked involving the subject matter of the volved and the voluntary submission of all hearing. charge and the results, if any, including potentially relevant information from all po- 2423.15 Intervention. whether the subject matter raised in the tential sources during the course of the in- 2423.16 [Reserved] charge (i) has been raised previously in a vestigation. To this end, it shall be the pol- 2423.17 [Reserved] grievance procedure; (ii) has been referred to icy of the Board and the General Counsel to 2423.18 Burden of proof before the Hearing the Board under Part 2471 of these regula- protect the identity of individuals and the Officer. tions, or the Federal Mediation and Concilia- substance of the statements and information 2423.19 Duties and powers of the Hearing Of- tion Service, or (iii) involves a negotiability they submit or which is obtained during the ficer. issue raised by the charging party in a peti- investigation as a means of assuring the 2423.20 [Reserved] tion pending before the Board pursuant to Board’s and the General Counsel’s continu- 2423.21 [Reserved] Part 2424 of this subchapter. ing ability to obtain all relevant informa- (b) Such charge shall be in writing and 2423.22 [Reserved] tion. signed and shall contain a declaration by the 2423.23 [Reserved] person signing the charge, under the pen- § 2423.8 Amendment of charges. 2423.24 [Reserved] alties of the Criminal Code (18 U.S.C. 1001), Prior to the issuance of a complaint, the 2423.25 [Reserved] that its contents are true and correct to the charging party may amend the charge in ac- 2423.26 Hearing Officer decisions; entry in best of that person’s knowledge and belief. cordance with the requirements set forth in records of the Office. (c) When filing a charge, the charging § 2423.6. 2423.27 Appeal to the Board. party shall submit to the General Counsel § 2423.9 Action by the General Counsel. 2423.28 [Reserved] any supporting evidence and documents. 2423.29 Action by the Board. (a) The General Counsel shall take action 2423.30 Compliance with decisions and or- § 2423.5 Selection of the unfair labor practice which may consist of the following, as appro- ders of the Board. procedure or the negotiability procedure. priate: 2423.31 Backpay proceedings. Where a labor organization files an unfair (1) Approve a request to withdraw a § 2423.1 Applicability of this part. labor practice charge pursuant to this part charge; which involves a negotiability issue, and the (2) Refuse to file a complaint; This part is applicable to any charge of al- labor organization also files pursuant to part (3) Approve a written settlement and rec- leged unfair labor practices occurring on or 2424 of this subchapter a petition for review ommend that the Executive Director approve after October 1, 1996. of the same negotiability issue, the Board a written settlement agreement in accord- § 2423.2 Informal proceedings. and the General Counsel ordinarily will not ance with the provisions of section 414 of the (a) The purposes and policies of chapter 71, process the unfair labor practice charge and CAA; as applied by the CAA, can best be achieved the petition for review simultaneously. (4) File a complaint; by the cooperative efforts of all persons cov- Under such circumstances, the labor organi- (5) Upon agreement of all parties, transfer ered by the program. To this end, it shall be zation must select under which procedure to to the Board for decision, after filing of a the policy of the Board and the General proceed. Upon selection of one procedure, complaint, a stipulation of facts in accord- Counsel to encourage all persons alleging un- further action under the other procedure will ance with the provisions of § 2429.1(a) of this fair labor practices and persons against ordinarily be suspended. Such selection must subchapter; or whom such allegations are made to meet be made regardless of whether the unfair (6) Withdraw a complaint. and, in good faith, attempt to resolve such labor practice charge or the petition for re- § 2423.10 Determination not to file complaint. matters prior to the filing of unfair labor view of a negotiability issue is filed first. No- (a) If the General Counsel determines that practice charges. tification of this selection must be made in the charge has not been timely filed, that (b) In furtherance of the policy referred to writing at the time that both procedures the charge fails to state an unfair labor prac- in paragraph (a) of this section, and noting have been invoked, and must be served on tice, or for other appropriate reasons, the the 180 day period of limitation set forth in the Board, the General Counsel and all par- General Counsel may request the charging section 220(c)(2) of the CAA, it shall be the ties to both the unfair labor practice case party to withdraw the charge, and in the ab- policy of the Board and the General Counsel and the negotiability case. sence of such withdrawal within a reasonable to encourage the informal resolution of un- § 2423.6 Filing and service of copies. time, decline to file a complaint. fair labor practice allegations subsequent to (a) An original and four (4) copies of the (b) The charging party may not obtain a the filing of a charge and prior to the filing charge together with one copy for each addi- review of the General Counsel’s decision not of a complaint by the General Counsel. tional charged party named shall be filed to file a complaint. (c) In order to afford the parties an oppor- with the General Counsel. tunity to implement the policy referred to in § 2423.11 Settlement or adjustment of issues. (b) Upon the filing of a charge, the charg- paragraphs (a) and (b) of this section, the in- (a) At any stage of a proceeding prior to ing party shall be responsible for the service vestigation of an unfair labor practice hearing, where time, the nature of the pro- of a copy of the charge (without the support- charge by the General Counsel will normally ceeding, and the public interest permit, all ing evidence and documents) upon the not commence until the parties have been af- interested parties shall have the opportunity person(s) against whom the charge is made, forded a reasonable amount of time, not to to submit to the Executive Director or Gen- and for filing a written statement of such exceed fifteen (15) days from the filing of the eral Counsel, as appropriate, for consider- service with the General Counsel. The Gen- charge, during which period the parties are ation, all facts and arguments concerning of- eral Counsel will, as a matter of course, urged to attempt to informally resolve the fers of settlement, or proposals of adjust- cause a copy of such charge to be served on unfair labor practice allegation. ment. the person(s) against whom the charge is § 2423.3 Who may file charges. made, but shall not be deemed to assume re- Precomplaint settlements An employing office, employing activity, sponsibility for such service. (b)(1) Prior to the filing of any complaint or labor organization may be charged by any (c) A charge will be deemed to be filed or the taking of other formal action, the person with having engaged in or engaging in when it is received by the General Counsel in General Counsel will afford the charging H5166 CONGRESSIONAL RECORD — HOUSE May 15, 1996 party and the respondent a reasonable period Counsel may request the Hearing Officer and written decision and that decision will be en- of time in which to enter into a settlement the Executive Director to approve such set- tered into the records of the Office. agreement to be submitted to and approved tlement agreement, and upon such approval, § 2423.27 Appeal to the Board. by the General Counsel and the Executive to transmit the agreement to the Board for An aggrieved party may seek review of a Director. Upon approval by the General approval. decision and order of the Hearing Officer in Counsel and Executive Director and compli- (3) If the charging party fails or refuses to accordance with the Procedural Rules of the ance with the terms of the settlement agree- become a party to a settlement agreement, Office. ment, no further action shall be taken in the offered by the respondent, that contains the § 2423.28 [Reserved] respondent’s consent to the Board’s applica- case. If the respondent fails to perform its § 2423.29 Action by the Board. obligations under the settlement agreement, tion for the entry of a decree by the United the General Counsel may determine to insti- States Court of Appeals for the Federal Cir- (a) If an appeal is filed, the Board shall re- tute further proceedings. cuit enforcing the Board’s order, and the view the decision of the Hearing Officer in (2) In the event that the charging party General Counsel concludes that the offered accordance with section 406 of the CAA, and fails or refuses to become a party to a settle- settlement will effectuate the policies of the Procedural Rules of the Office. (b) Upon finding a violation, the Board ment agreement offered by the respondent, if chapter 71, as applied to the CAA, the agree- shall issue an order: ment shall be between the respondent and the General Counsel concludes that the of- (1) To cease and desist from any such un- the General Counsel. After the charging fered settlement will effectuate the policies fair labor practice in which the employing party is given an opportunity to state on the of chapter 71, as applied by the CAA, the office or labor organization is engaged; agreement shall be between the respondent record or in writing the reasons for opposing (2) Requiring the parties to renegotiate a and the General Counsel and the latter shall the settlement, the General Counsel may re- collective bargaining agreement in accord- decline to file a complaint. quest the Hearing Officer and the Executive ance with the order of the Board and requir- Post complaint settlement policy Director to approve such settlement agree- ing that the agreement, as amended, be ment, and upon such approval, to transmit (c) Consistent with the policy reflected in given retroactive effect; the agreement to the Board for approval. paragraph (a) of this section, even after the (3) Requiring reinstatement of an em- The Board may approve or disapprove any filing of a complaint, the Board favors the ployee with backpay in accordance with 5 such settlement agreement or return the settlement of issues. Such settlements may U.S.C. 5596; or case to the Hearing Officer for other appro- be accomplished as provided in paragraph (b) (4) Including any combination of the ac- priate action. of this section. The parties may, as part of tions described in paragraphs (1) through (3) the settlement, agree to waive their right to § 2423.12 Filing and contents of the complaint. of this paragraph (b), or such other action as a hearing and agree further that the Board (a) After a charge is filed, if it appears to will carry out the purpose of the chapter 71, may issue an order requiring the respondent the General Counsel that formal proceedings as applied by the CAA. to take action appropriate to the terms of in respect thereto should be instituted, the (c) Upon finding no violation, the Board the settlement. Ordinarily such a settlement General Counsel shall file a formal com- shall dismiss the complaint. agreement will also contain the respondent’s plaint: Provided, however, that a determina- § 2423.30 Compliance with decisions and orders consent to the Board’s application for the tion by the General Counsel to file a com- of the Board. entry of a decree by the United States Court plaint shall not be subject to review. When remedial action is ordered, the re- of Appeals for the Federal Circuit enforcing (b) The complaint shall include: spondent shall report to the Office within a the Board’s order. (1) Notice of the charge; specified period that the required remedial (2) Any information required pursuant to Post complaint prehearing settlements action has been effected. When the General the Procedural Rules of the Office. Counsel or the Executive Director finds that (d)(1) If, after the filing of a complaint, the (c) Any such complaint may be withdrawn the required remedial action has not been ef- charging party and the respondent enter into before the hearing by the General Counsel. fected, the General Counsel or the Executive a settlement agreement, and such agreement § 2423.13 Answer to the complaint. Director shall take such action as may be is accepted by the General Counsel, the set- appropriate, including referral to the Board tlement agreement shall be submitted to the A respondent shall file an answer to a com- for enforcement. Executive Director for approval. plaint in accordance with the requirements (2) If, after the filing of a complaint, the of the Procedural Rules of the Office. § 2423.31 Backpay proceedings. charging party fails or refuses to become a § 2423.14 Prehearing disclosure; conduct of After the entry of a Board order directing party to a settlement agreement offered by hearing. payment of backpay, or the entry of a court the respondent, and the General Counsel con- The procedures for prehearing discovery decree enforcing such order, if it appears to cludes that the offered settlement will effec- and the conduct of the hearing are set forth the General Counsel that a controversy ex- tuate the policies of chapter 71, as applied by in the Procedural Rules of the Office. ists which cannot be resolved without a for- the CAA, the agreement shall be between the § 2423.15 Intervention. mal proceeding, the General Counsel may respondent and the General Counsel. The issue and serve on all parties a backpay spec- Any person involved and desiring to inter- charging party will be so informed and pro- ification accompanied by a request for hear- vene in any proceeding pursuant to this part vided a brief written statement by the Gen- ing or a request for hearing without a speci- shall file a motion in accordance with the eral Counsel of the reasons therefor. The set- fication. Upon receipt of the request for procedures set forth in the Procedural Rules tlement agreement together with the charg- hearing, the Executive Director will appoint of the Office. The motion shall state the ing party’s objections, if any, and the Gen- an independent Hearing Officer. The respond- grounds upon which such person claims in- eral Counsel’s written statements, shall be ent shall, within twenty (20) days after the volvement. submitted to the Executive Director for ap- service of a backpay specification, file an an- proval. The Executive Director may approve § 2423.16 [Reserved] swer thereto in accordance with the Office’s or disapprove any settlement agreement. § 2423.17 [Reserved] Procedural Rules. No answer need be filed by (3) After the filing of a complaint, if the § 2423.18 Burden of proof before the Hearing the respondent to a notice of hearing issued General Counsel concludes that it will effec- Officer. without a specification. After the issuance of tuate the policies of chapter 71, as applied by The General Counsel shall have the respon- a notice of hearing, with or without a back- the CAA, the General Counsel may withdraw sibility of presenting the evidence in support pay specification, the hearing procedures the complaint. of the complaint and shall have the burden provided in the Procedural Rules of the Of- Settlements after the opening of the hearing of proving the allegations of the complaint fice shall be followed insofar as applicable. by a preponderance of the evidence. (e)(1) After filing of a complaint and after PART 2424—EXPEDITED REVIEW OF opening of the hearing, if the General Coun- 2423.19 Duties and powers of the Hearing Offi- NEGOTIABILITY ISSUES sel concludes that it will effectuate the poli- cer. Subpart A—Instituting an Appeal cies of chapter 71, as applied by the CAA, the It shall be the duty of the Hearing Officer Sec. General Counsel may request the Hearing Of- to inquire fully into the facts as they relate 2424.1 Conditions governing review. ficer for permission to withdraw the com- to the matter before such Hearing Officer, 2424.2 Who may file a petition. plaint and, having been granted such permis- subject to the rules and regulations of the 2424.3 Time limits for filing. sion to withdraw the complaint, may ap- Office and the Board. 2424.4 Content of petition; service. prove a settlement and recommend that the § 2423.20 [Reserved] 2424.5 Selection of the unfair labor practice Executive Director approve the settlement § 2423.21 [Reserved] procedure or the negotiability procedure. pursuant to paragraph (b) of this section. § 2423.22 [Reserved] 2424.6 Position of the employing office; time (2) If, after filing of a complaint and after § 2423.23 [Reserved] limits for filing; service. opening of the hearing, the parties enter into § 2423.24 [Reserved] 2424.7 Response of the exclusive representa- a settlement agreement that contains the re- § 2423.25 [Reserved] tive; time limits for filing; service. spondent’s consent to the Board’s applica- § 2423.26 Hearing Officer decisions; entry in 2424.8 Additional submissions to the Board. tion for the entry of a decree by the United records of the Office. 2424.9 Hearing. States Court of Appeals for the Federal Cir- In accordance with the Procedural Rules of 2424.10 Board decision and order; compli- cuit enforcing the Board’s order, the General the Office, the Hearing Officer shall issue a ance. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5167 Subpart B—Criteria for Determining Com- Board to understand the context in which (b) A copy of the employing office’s state- pelling Need for Employing Office Rules the proposal is intended to apply; ment of position, including all attachments and Regulations (3) A copy of all pertinent material, includ- thereto shall be served on the exclusive rep- 2424.11 Illustrative criteria. ing the employing office’s allegation in writ- resentative. ing that the matter, as proposed, is not with- Subpart A—Instituting an Appeal § 2424.7 Response of the exclusive representa- in the duty to bargain in good faith, and tive; time limits for filing; service. § 2424.1 Conditions governing review. other relevant documentary material; and (a) Within fifteen (15) days after the date of The Board will consider a negotiability (4) Notification by the petitioning labor or- the receipt by an exclusive representative of issue under the conditions prescribed by 5 ganization whether the negotiability issue is a copy of an employing office’s statement of U.S.C. 7117 (b) and (c), as applied by the CAA, also involved in an unfair labor practice position the exclusive representative shall namely: If an employing office involved in charge filed by such labor organization under file a full and detailed response stating its collective bargaining with an exclusive rep- part 2423 of this subchapter and pending be- position and reasons for: resentative alleges that the duty to bargain fore the General Counsel. (1) Disagreeing with the employing office’s in good faith does not extend to any matter (b) A copy of the petition including all at- allegation that the matter, as proposed to be proposed to be bargained because, as pro- tachments thereto shall be served on the em- negotiated, is inconsistent with any Federal posed, the matter is inconsistent with law, ploying office head and on the principal em- law or Government-wide rule or regulation; rule or regulation, the exclusive representa- ploying office bargaining representative at or tive may appeal the allegation to the Board the negotiations. (2) Alleging that the employing office’s when—— (c)(1) Filing an incomplete petition for re- rules or regulations violate applicable law, (a) It disagrees with the employing office’s view will result in the exclusive representa- or rule or regulation or appropriate author- allegation that the matter as proposed to be tive being asked to provide the missing or in- ity outside the employing office; that the bargained is inconsistent with any Federal complete information. Noncompliance with a rules or regulations were not issued by the law or any Government-wide rule or regula- request to complete the record may result in employing office or by any primary national tion; or dismissal of the petition. subdivision of the employing office, or other- (b) It alleges, with regard to any employ- (2) The processing priority accorded to an wise are not applicable to bar negotiations ing office rule or regulation asserted by the incomplete petition, relative to other pend- under 5 U.S.C. 7117(a)(3), as applied by the employing office as a bar to negotiations on ing negotiability appeals, will be based upon CAA; or that no compelling need exists for the matter, as proposed, that: the date when the petition is completed not the rules or regulations to bar negotiations. (b) The response shall cite the particular (1) The rule or regulation violates applica- the date it was originally filed. section of any law, rule or regulation alleged ble law, or rule or regulation of appropriate § 2424.5 Selection of the unfair labor practice to be violated by the employing office’s rules authority outside the employing office; procedure or the negotiability procedure. or regulations; or shall explain the grounds (2) The rule or regulation was not issued by Where a labor organization files an unfair for contending the employing office rules or the employing office or by any primary na- labor practice charge pursuant to part 2423 of regulations are not applicable to bar nego- tional subdivision of the employing office, or this subchapter which involves a negotiabil- tiations under 5 U.S.C. 7117(a)(3), as applied otherwise is not applicable to bar negotia- ity issue, and the labor organization also by the CAA, or fail to meet the criteria es- tions with the exclusive representative, files pursuant to this part a petition for re- tablished in subpart B of this part, or were under 5 U.S.C. 7117(a)(3), as applied by the view of the same negotiability issue, the not issued at the employing office head- CAA; or Board and the General Counsel ordinarily quarters level or at the level of a primary (3) No compelling need exists for the rule will not process the unfair labor practice national subdivision. or regulation to bar negotiations on the mat- charge and the petition for review simulta- (c) A copy of the response of the exclusive ter, as proposed, because the rule or regula- neously. Under such circumstances, the representative including all attachments tion does not meet the criteria established in labor organization must select under which thereto shall be served on the employing of- subpart B of this part. procedure to proceed. Upon selection of one fice head and on the employing office’s rep- § 2424.2 Who may file a petition. procedure, further action under the other resentative of record in the proceeding be- A petition for review of a negotiability procedure will ordinarily be suspended. Such fore the Board. issue may be filed by an exclusive represent- selection must be made regardless of wheth- § 2424.8 Additional submissions to the Board. ative which is a party to the negotiations. er the unfair labor practice charge or the pe- The Board will not consider any submis- tition for review of a negotiability issue is § 2424.3 Time limits for filing. sion filed by any party, whether supple- filed first. Notification of this selection must mental or responsive in nature, other than The time limit for filing a petition for re- be made in writing at the time that both those authorized under §§ 2424.2 through view is fifteen (15) days after the date the procedures have been invoked, and must be 2424.7 unless such submission is requested by employing office’s allegation that the duty served on the Board, the General Counsel the Board; or unless, upon written request by to bargain in good faith does not extend to and all parties to both the unfair labor prac- any party, a copy of which is served on all the matter proposed to be bargained is tice case and the negotiability case. other parties, the Board in its discretion served on the exclusive representative. The § 2424.6 Position of the employing office; time grants permission to file such submission. exclusive representative shall request such limits for filing; service. § 2424.9 Hearing. allegation in writing and the employing of- fice shall make the allegation in writing and (a) Within thirty (30) days after the date of A hearing may be held, in the discretion of the Board, before a determination is made serve a copy on the exclusive representative: the receipt by the head of an employing of- under 5 U.S.C. 7117(b) or (c), as applied by the provided, however, that review of a nego- fice of a copy of a petition for review of a ne- CAA. If a hearing is held, it shall be expe- tiability issue may be requested by an exclu- gotiability issue the employing office shall dited to the extent practicable and shall not sive representative under this subpart with- file a statement include the General Counsel as a party. out a prior written allegation by the employ- (1) Withdrawing the allegation that the ing office if the employing office has not duty to bargain in good faith does not extend § 2424.10 Board decision and order; compliance. served such allegation upon the exclusive to the matter proposed to be negotiated; or (a) Subject to the requirements of this sub- (2) Setting forth in full its position on any representative within ten (10) days after the part the Board shall expedite proceedings matters relevant to the petition which it date of the receipt by any employing office under this part to the extent practicable and wishes the Board to consider in reaching its bargaining representative at the negotia- shall issue to the exclusive representative decision, including a full and detailed state- tions of a written request for such allega- and to the employing office a written deci- ment of its reasons supporting the allega- tion. sion on the allegation and specific reasons tion. The statement shall cite the section of therefor at the earliest practicable date. § 2424.4 Content of petition; service. any law, rule or regulation relied upon as a (b) If the Board finds that the duty to bar- (a) A petition for review shall be dated and basis for the allegation and shall contain a gain extends to the matter proposed to be shall contain the following: copy of any internal employing office rule or bargained, the decision of the Board shall in- (1) A statement setting forth the express regulation so relied upon. The statement clude an order that the employing office language of the proposal sought to be nego- shall include: shall upon request (or as otherwise agreed to tiated as submitted to the employing office; (i) Explanation of the meaning the employ- by the parties) bargain concerning such mat- (2) An explicit statement of the meaning ing office attributes to the proposal as a ter. If the Board finds that the duty to bar- attributed to the proposal by the exclusive whole, including any terms of art, acronyms, gain does not extend to the matter proposed representative including: technical language or any other aspect of the to be negotiated, the Board shall so state (i) Explanation of terms of art, acronyms, language of the proposal which is not in and issue an order dismissing the petition for technical language, or any other aspect of common usage; and review of the negotiability issue. If the the language of the proposal which is not in (ii) Description of a particular work situa- Board finds that the duty to bargain extends common usage; and tion, or other particular circumstance the to the matter proposed to be bargained only (ii) Where the proposal is concerned with a employing office views the proposal to con- at the election of the employing office, the particular work situation, or other particu- cern, which will enable the Board to under- Board shall so state and issue an order dis- lar circumstances, a description of the situa- stand the context in which the proposal is missing the petition for review of the nego- tion or circumstances which will enable the considered to apply by the employing office. tiability issue. H5168 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (c) When an order is issued as provided in recommendations concerning the award as it be submitted on a form prescribed by the paragraph (b) of this section, the employing considers necessary, consistent with applica- Board and shall set forth the following infor- office or exclusive representative shall re- ble laws, rules, or regulations. mation: port to the Executive Director within a spec- PART 2426—NATIONAL CONSULTATION (i) Name and affiliation, if any, of the peti- ified period failure to comply with an order RIGHTS AND CONSULTATION RIGHTS tioner and its address and telephone number; that the employing office shall upon request ON GOVERNMENT-WIDE RULES OR (ii) A statement that the petitioner has (or as otherwise agreed to by the parties) REGULATIONS submitted to the employing office or the pri- bargain concerning the disputed matter. mary national subdivision and to the Assist- Subpart A—National Consultation Rights Subpart B—Criteria for Determining Com- ant Secretary a roster of its officers and rep- Sec. pelling Need for Employing Office Rules resentatives, a copy of its constitution and 2426.1 Requesting; granting; criteria. and Regulations bylaws, and a statement of its objectives; 2426.2 Requests; petition and procedures for (iii) A declaration by the person signing § 2424.11 Illustrative criteria. determination of eligibility for national the petition, under the penalties of the A compelling need exists for an employing consultation rights. Criminal Code (18 U.S.C. 1001), that its con- office rule or regulation concerning any con- 2426.3 Obligation to consult. tents are true and correct to the best of such dition of employment when the employing Subpart B—Consultation Rights on person’s knowledge and belief; office demonstrates that the rule or regula- Government-wide Rules or Regulations (iv) The signature of the petitioner’s rep- tion meets one or more of the following illus- resentative, including such person’s title and trative criteria: 2426.11 Requesting; granting; criteria. 2426.12 Requests; petition and procedures telephone number; (a) The rule or regulation is essential, as (v) The name, address, and telephone num- for determination of eligibility for con- distinguished from helpful or desirable, to ber of the employing office or primary na- sultation rights on Government-wide the accomplishment of the mission or the tional subdivision in which the petitioner rules or regulations. execution of functions of the employing of- seeks to obtain or retain national consulta- 2426.13 Obligation to consult. fice or primary national subdivision in a tion rights, and the persons to contact and manner which is consistent with the require- Subpart A—National Consultation Rights their titles, if known; ments of an effective and efficient govern- § 2426.1 Requesting; granting; criteria. (vi) A showing that petitioner holds ade- ment. (a) An employing office shall accord na- quate exclusive recognition as required by (b) The rule or regulation is necessary to tional consultation rights to a labor organi- § 2426.1; and insure the maintenance of basic merit prin- zation that: (vii) A statement as appropriate: ciples. (1) Requests national consultation rights (A) That such showing has been made to (c) The rule or regulation implements a at the employing office level; and and rejected by the employing office or pri- mandate to the employing office or primary (2) Holds exclusive recognition for ten per- mary national subdivision, together with a national subdivision under law or other out- cent (10%) or more of the total number of statement of the reasons for rejection, if side authority, which implementation is es- personnel employed by the employing office. any, offered by that employing office or pri- sentially nondiscretionary in nature. (b) An employing office’s primary national mary national subdivision; PART 2425—REVIEW OF ARBITRATION subdivision which has authority to formu- (B) That the employing office or primary AWARDS late conditions of employment shall accord national subdivision has served notice of its Sec. national consultation rights to a labor orga- intent to terminate existing national con- 2425.1 Who may file an exception; time lim- nization that: sultation rights, together with a statement its for filing; opposition; service. (1) Requests national consultation rights of the reasons for termination; or 2425.2 Content of exception. at the primary national subdivision level; (C) That the employing office or primary 2425.3 Grounds for review. and national subdivision has failed to respond in 2425.4 Board decision. (2) Holds exclusive recognition for ten per- writing to a request for national consulta- cent (10%) or more of the total number of tion rights made under § 2426.2(a) within fif- § 2425.1 Who may file an exception; time limits teen (15) days after the date the request is for filing; opposition; service. personnel employed by the primary national subdivision. served on the employing office or primary (a) Either party to arbitration under the (c) In determining whether a labor organi- national subdivision. provisions of chapter 71 of title 5 of the Unit- zation meets the requirements as prescribed (3) The following regulations govern peti- ed States Code, as applied by the CAA, may in paragraphs (a)(2) and (b)(2) of this section, tions filed under this section: file an exception to an arbitrator’s award the following will not be counted: (i) A petition for determination of eligi- rendered pursuant to the arbitration. (1) At the employing office level, employ- bility for national consultation rights shall (b) The time limit for filing an exception ees represented by the labor organization be filed with the Executive Director. to an arbitration award is thirty (30) days be- (ii) An original and four (4) copies of a peti- under national exclusive recognition granted ginning on the date the award is served on tion shall be filed, qtogether with a state- at the employing office level. the filing party. ment of any other relevant facts and of all (2) At the primary national subdivision (c) An opposition to the exception may be correspondence. level, employees represented by the labor or- filed by a party within thirty (30) days after (iii) Copies of the petition together with ganization under national exclusive recogni- the date of service of the exception. the attachments referred to in paragraph tion granted at the agency level or at that (d) A copy of the exception and any opposi- (b)(3)(ii) of this section shall be served by the primary national subdivision level. tion shall be served on the other party. petitioner on all known interested parties, (d) An employing office or a primary na- and a written statement of such service shall § 2425.2 Content of exception. tional subdivision of an employing office be filed with the Executive Director. An exception must be a dated, self-con- shall not grant national consultation rights (iv) A petition shall be filed within thirty tained document which sets forth in full: to any labor organization that does not meet (30) days after the service of written notice (a) A statement of the grounds on which the criteria prescribed in paragraphs (a), (b) by the employing office or primary national review is requested; and (c) of this section. (b) Evidence or rulings bearing on the is- subdivision of its refusal to accord national § 2426.2 Requests; petition and procedures for sues before the Board; consultation rights pursuant to a request determination of eligibility for national con- (c) Arguments in support of the stated under § 2426.2(a) or its intention to terminate sultation rights. grounds, together with specific reference to existing national consultation rights. If an the pertinent documents and citations of au- (a) Requests by labor organizations for na- employing office or primary national sub- thorities; and tional consultation rights shall be submitted division fails to respond in writing to a re- (d) A legible copy of the award of the arbi- in writing to the headquarters of the em- quest for national consultation rights made trator and legible copies of other pertinent ploying office or the employing office’s pri- under § 2426.2(a) within fifteen (15) days after documents; and mary national subdivision, as appropriate, the date the request is served on the employ- (e) The name and address of the arbitrator. which headquarters shall have fifteen (15) ing office or primary national subdivision, a § 2425.3 Grounds for review. days from the date of service of such request petition shall be filed within thirty (30) days to respond thereto in writing. after the expiration of such fifteen (15) day The Board will review an arbitrator’s (b) Issues relating to a labor organization’s period. award to which an exception has been filed eligibility for, or continuation of, national (v) If an employing office or primary na- to determine if the award is deficient— consultation rights shall be referred to the tional subdivision wishes to terminate na- (a) Because it is contrary to any law, rule Board for determination as follows: tional consultation rights, notice of its in- or regulation; or (1) A petition for determination of the eli- tention to do so shall include a statement of (b) On other grounds similar to those ap- gibility of a labor organization for national its reasons and shall be served not less than plied by Federal courts in private sector consultation rights under criteria set forth thirty (30) days prior to the intended termi- labor-management relations. in § 2426.1 may be filed by a labor organiza- nation date. A labor organization, after re- § 2425.4 Board decision. tion. ceiving such notice, may file a petition with- The Board shall issue its decision and (2) A petition for determination of eligi- in the time period prescribed herein, and order taking such action and making such bility for national consultation rights shall thereby cause to be stayed further action by May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5169 the employing office or primary national 2426.12 Requests; petition and procedures for quest under § 2426.12(a) or its intention to subdivision pending disposition of the peti- determination of eligibility for consultation terminate such existing consultation rights. tion. If no petition has been filed within the rights on Government-wide rules or regula- If an employing office fails to respond in provided time period, an employing office or tions. writing to a request for consultation rights primary national subdivision may terminate (a) Requests by labor organizations for on Government-wide rules or regulations national consultation rights. consultation rights on Government-wide made under § 2426.12(a) within fifteen (15) (vi) Within fifteen (15) days after the re- rules or regulations shall be submitted in days after the date the request is served on ceipt of a copy of the petition, the employing writing to the headquarters of the employing the employing office, a petition shall be filed office or primary national subdivision shall office, which headquarters shall have fifteen within thirty (30) days after the expiration of file a response thereto with the Executive (15) days from the date of service of such re- such fifteen (15) day period. Director raising any matter which is rel- quest to respond thereto in writing. (v) If an employing office wishes to termi- evant to the petition. (b) Issues relating to a labor organization’s nate consultation rights on Government- (vii) The Executive Director, on behalf of eligibility for, or continuation of, consulta- wide rules or regulations, notice of its inten- the Board, shall make such investigations as tion rights on Government-wide rules or reg- tion to do so shall be served not less than the Executive Director deems necessary and ulations shall be referred to the Board for de- thirty (30) days prior to the intended termi- thereafter shall issue and serve on the par- termination as follows: nation date. A labor organization, after re- ties a determination with respect to the eli- (1) A petition for determination of the eli- ceiving such notice, may file a petition with- gibility for national consultation rights gibility of a labor organization for consulta- in the time period prescribed herein, and which shall be final: provided, however, that tion rights under criteria set forth in § 2426.11 thereby cause to be stayed further action by an application for review of the Executive may be filed by a labor organization. the employing office pending disposition of Director’s determination may be filed with (2) A petition for determination of eligi- the petition. If no petition has been filed the Board in accordance with the procedure bility for consultation rights shall be sub- within the provided time period, an employ- set forth in § 2422.31 of this subchapter. A de- mitted on a form prescribed by the Board ing office may terminate such consultation termination by the Executive Director to and shall set forth the following informa- rights. issue a notice of hearing shall not be subject tion: (vi) Within fifteen (15) days after the re- to the filing of an application for review.On (i) Name and affiliation, if any, of the peti- ceipt of a copy of the petition, the employing behalf of the Board, the Executive Director, tioner and its address and telephone number; office shall file a response thereto with the if appropriate, may cause a notice of hearing (ii) A statement that the petitioner has Executive Director raising any matter which to be issued to all interested parties where submitted to the employing office and to the is relevant to the petition. substantial factual issues exist warranting Assistant Secretary a roster of its officers (vii) The Executive Director, on behalf of an investigatory hearing. Investigatory and representatives, a copy of its constitu- the Board, shall make such investigation as hearings shall be conducted by the Executive tion and bylaws, and a statement of its ob- the Executive Director deems necessary and Director or her designee in accordance with jectives; thereafter shall issue and serve on the par- § 2422.17 through § 2422.22 of this subchapter (iii) A declaration by the person signing ties a determination with respect to the eli- and after the close of the investigatory hear- the petition, under the penalties of the gibility for consultation rights which shall ing a Decision and Order shall be issued by Criminal Code (18 U.S.C. 1001), that its con- be final: Provided, however, that an applica- the Board in accordance with § 2422.30 of this tents are true and correct to the best of such tion for review of the Executive Director’s subchapter. person’s knowledge and belief; determination may be filed with the Board in accordance with the procedure set forth in 2426.3 Obligation to consult. (iv) The signature of the petitioner’s rep- resentative, including such person’s title and § 2422.31 of this subchapter. A determination (a) When a labor organization has been ac- telephone number; by the Executive Director to issue a notice corded national consultation rights, the em- (v) The name, address, and telephone num- of investigatory hearing shall not be subject ploying office or the primary national sub- ber of the employing office in which the peti- to the filing of an application for review. On division which has granted those rights tioner seeks to obtain or retain consultation behalf of the Board, the Executive Director, shall, through appropriate officials, furnish rights on Government-wide rules or regula- if appropriate, may cause a notice of inves- designated representatives of the labor orga- tions, and the persons to contact and their tigatory hearing to be issued where substan- nization: titles, if known; tial factual issues exist warranting a hear- (1) Reasonable notice of any proposed sub- (vi) A showing that petitioner meets the ing. Investigatory hearings shall be con- stantive change in conditions of employ- criteria as required by § 2426.11; and ducted by the Executive Director or her des- ment; and (vii) A statement, as appropriate: ignee in accordance with § 2422.17 through (2) Reasonable time to present its views (A) That such showing has been made to § 2422.22 of this chapter and after the close of and recommendations regarding the change. and rejected by the employing office, to- the investigatory hearing a Decision and (b) If a labor organization presents any gether with a statement of the reasons for Order shall be issued by the Board in accord- views or recommendations regarding any rejection, if any, offered by that employing ance with § 2422.30 of this subchapter. proposed substantive change in conditions of office; § 2426.13 Obligation to consult. employment to an employing office or a pri- (B) That the employing office has served (a) When a labor organization has been ac- mary national subdivision, that employing notice of its intent to terminate existing corded consultation rights on Government- office or primary national subdivision shall: consultation rights on Government-wide wide rules or regulations, the employing of- (1) Consider the views or recommendations rules or regulations, together with a state- fice which has granted those rights shall, before taking final action on any matter ment of the reasons for termination; or through appropriate officials, furnish des- with respect to which the views or rec- (C) That the employing office has failed to ignated representatives of the labor organi- ommendations are presented; and respond in writing to a request for consulta- zation: (2) Provide the labor organization a writ- tion rights on Government-wide rules or reg- (1) Reasonable notice of any proposed Gov- ten statement of the reasons for taking the ulations made under § 2426.12(a) within fif- ernment-wide rule or regulation issued by final action. teen (15) days after the date the request is the employing office affecting any sub- (c) Nothing in this subpart shall be con- served on the employing office. stantive change in any condition of employ- strued to limit the right of any employing (3) The following regulations govern peti- ment; and office or exclusive representative to engage tions filed under this section: (2) Reasonable time to present its views in collective bargaining. (i) A petition for determination of eligi- and recommendations regarding the change. Subpart B—Consultation Rights on bility for consultation rights on Govern- (b) If a labor organization presents any Government-wide Rules or Regulations ment-wide rules or regulations shall be filed views or recommendations regarding any with the Executive Director. proposed substantive change in any condi- 2426.11 Requesting; granting; criteria. (ii) An original and four (4) copies of a peti- tion of employment to an employing office, (a) An employing office shall accord con- tion shall be filed, together with a statement that employing office shall: sultation rights on Government-wide rules of any other relevant facts and of all cor- (1) Consider the views or recommendations or regulations to a labor organization that: respondence. before taking final action on any matter (1) Requests consultation rights on Gov- (iii) Copies of the petition together with with respect to which the views or rec- ernment-wide rules or regulations from an the attachments referred to in paragraph ommendations are presented; and employing office; and (b)(3)(ii) of this section shall be served by the (2) Provide the labor organization a writ- (2) Holds exclusive recognition for ten per- petitioner on the employing office, and a ten statement of the reasons for taking the cent (10%) or more of the total number of written statement of such service shall be final action. employees employed by the employing office. filed with the Executive Director. PART 2427—GENERAL STATEMENTS OF (b) An employing office shall not grant (iv) A petition shall be filed within thirty POLICY OR GUIDANCE consultation rights on Government-wide (30) days after the service of written notice Sec. rules or regulations to any labor organiza- by the employing office of its refusal to ac- 2427.1 Scope. tion that does not meet the criteria pre- cord consultation rights on Government- 2427.2 Requests for general statements of scribed in paragraph (a) of this section. wide rules or regulations pursuant to a re- policy or guidance. H5170 CONGRESSIONAL RECORD — HOUSE May 15, 1996 2427.3 Content of request. 2428.1 Scope. in the case must be filed with the Board 2427.4 Submissions from interested parties. 2428.2 Petitions for enforcement. within thirty (30) days from the date of the 2427.5 Standards governing issuance of gen- 2428.3 Board decision. Executive Director’s order transferring the eral statements of policy or guidance. § 2428.1 Scope. case to the Board. The Board may also re- mand any such case to the Executive Direc- § 2427.1 Scope. This part sets forth procedures under tor for further processing. Orders of transfer This part sets forth procedures under which the Board, pursuant to 5 U.S.C. and remand shall be served on all parties. which requests may be submitted to the 7105(a)(2)(I), as applied by the CAA, will en- Board seeking the issuance of general state- force decisions and orders of the Assistant § 2429.2 [Reserved] ments of policy or guidance under 5 U.S.C. Secretary in standards of conduct matters § 2429.3 Transfer of record. 7105(a)(1), as applied by the CAA. arising under 5 U.S.C. 7120, as applied by the In any case under part 2425 of this sub- § 2427.2 Requests for general statements of CAA. chapter, upon request by the Board, the par- policy or guidance. ties jointly shall transfer the record in the (a) The head of an employing office (or des- § 2428.2 Petitions for enforcement. case, including a copy of the transcript, if ignee), the national president of a labor or- (a) The Assistant Secretary may petition any, exhibits, briefs and other documents ganization (or designee), or the president of the Board to enforce any Assistant Secretary filed with the arbitrator, to the Board. a labor organization not affiliated with a na- decision and order in a standards of conduct tional organization (or designee) may sepa- case arising under 5 U.S.C. 7120, as applied by § 2429.4 Referral of policy questions to the rately or jointly ask the Board for a general the CAA. The Assistant Secretary shall Board. statement of policy or guidance. The head of transfer to the Board the record in the case, Notwithstanding the procedures set forth any lawful association not qualified as a including a copy of the transcript if any, ex- in this subchapter, the General Counsel, or labor organization may also ask the Board hibits, briefs, and other documents filed with theAssistant Secretary, may refer for review for such a statement provided the request is the Assistant Secretary. A copy of the peti- and decision or general ruling by the Board not in conflict with the provisions of chapter tion for enforcement shall be served on the any case involving a major policy issue that 71 of title 5 of the United States Code, as ap- labor organization against which such order arises in a proceeding before any of them. plied by the CAA, or other law. applies. Any such referral shall be in writing and a (b) The Board ordinarily will not consider (b) An opposition to Board enforcement of copy of such referral shall be served on all a request related to any matter pending be- any such Assistant Secretary decision and parties to the proceeding. Before decision or fore the Board or General Counsel. order may be filed by the labor organization general ruling, the Board shall obtain the § 2427.3 Content of request. against which such order applies twenty (20) views of the parties and other interested per- (a) A request for a general statement of days from the date of service of the petition, sons, orally or in writing, as it deems nec- policy or guidance shall be in writing and unless the Board, upon good cause shown by essary and appropriate. The Board may de- must contain: the Assistant Secretary, sets a shorter time cline a referral. (1) A concise statement of the question for filing such opposition. A copy of the op- § 2429.5 Matters not previously presented; offi- with respect to which a general statement of position to enforcement shall be served on cial notice. policy or guidance is requested together with the Assistant Secretary. The Board will not consider evidence of- background information necessary to an un- § 2428.3 Board decision. derstanding of the question; fered by a party, or any issue, which was not (2) A statement of the standards under The Board shall issue its decision on the presented in the proceedings before the Exec- § 2427.5 upon which the request is based; case enforcing, enforcing as modified, or re- utive Director, Hearing Officer, or arbitra- (3) A full and detailed statement of the po- fusing to enforce, the decision and order of tor. The Board may, however, take official sition or positions of the requesting party or the Assistant Secretary. notice of such matters as would be proper. parties; PART 2429—MISCELLANEOUS AND § 2429.6 Oral argument. (4) Identification of any cases or other pro- GENERAL REQUIREMENTS The Board or the General Counsel, in their ceedings known to bear on the question Subpart A—Miscellaneous discretion, may request or permit oral argu- which are pending under the CAA; and ment in any matter arising under this sub- (5) Identification of other known interested Sec. chapter under such circumstances and condi- parties. 2429.1 Transfer of cases to the Board. (b) A copy of each document also shall be 2429.2 [Reserved] tions as they deem appropriate. served on all known interested parties, in- 2429.3 Transfer of record. § 2429.7 [Reserved] cluding the General Counsel, where appro- 2429.4 Referral of policy questions to the § 2429.8 [Reserved] priate. Board. § 2429.9 [Reserved] § 2427.4 Submissions from interested parties. 2429.5 Matters not previously presented; of- § 2429.10 Advisory opinions. ficial notice. Prior to issuance of a general statement of The Board and the General Counsel will 2429.6 Oral argument. policy or guidance the Board, as it deems ap- not issue advisory opinions. 2429.7 [Reserved] propriate, will afford an opportunity to in- § 2429.11 [Reserved] 2429.8 [Reserved] terested parties to express their views orally § 2429.12 [Reserved] 2429.9 [Reserved] or in writing. § 2429.13 Official time. 2429.10 Advisory opinions. § 2427.5 Standards governing issuance of gen- 2429.11 [Reserved] If the participation of any employee in any eral statements of policy or guidance. 2429.12 [Reserved] phase of any proceeding before the Board In deciding whether to issue a general 2429.13 Official time. under section 220 of the CAA, including the statement of policy or guidance, the Board 2429.14 Witness fees. investigation of unfair labor practice shall consider: 2429.15 Board requests for advisory opin- charges and representation petitions and the (a) Whether the question presented can ions. participation in hearings and representation more appropriately be resolved by other 2429.16 General remedial authority. elections, is deemed necessary by the Board, means; 2429.17 [Reserved] the Executive Director, the General Counsel, (b) Where other means are available, 2429.18 [Reserved] any Hearing Officer, or other agent of the whether a Board statement would prevent Board designated by the Board, such em- Subpart B—General Requirements the proliferation of cases involving the same ployee shall be granted official time for such or similar question; 2429.21 [Reserved] participation, including necessary travel (c) Whether the resolution of the question 2429.22 [Reserved] time, as occurs during the employee’s regu- presented would have general applicability 2429.23 Extension; waiver. lar work hours and when the employee would under chapter 71, as applied by the CAA; 2429.24 [Reserved] otherwise be in a work or paid leave status. (d) Whether the question currently con- 2429.25 [Reserved] § 2429.14 Witness fees. fronts parties in the context of a labor-man- 2429.26 [Reserved] agement relationship; 2429.27 [Reserved] (a) Witnesses (whether appearing volun- (e) Whether the question is presented joint- 2429.28 Petitions for amendment of regula- tarily, or under a subpena) shall be paid the ly by the parties involved; and tions. fee and mileage allowances which are paid (f) Whether the issuance by the Board of a subpenaed witnesses in the courts of the Subpart A—Miscellaneous general statement of policy or guidance on United States: Provided, that any witness the question would promote constructive and § 2429.1 Transfer of cases to the Board. who is employed by the Federal Government cooperative labor-management relationships In any unfair labor practice case under shall not be entitled to receive witness fees in the legislative branch and would other- part 2423 of this subchapter in which, after in addition to compensation received pursu- wise promote the purposes of chapter 71, as the filing of a complaint, the parties stipu- ant to § 2429.13. applied by the CAA. late that no material issue of fact exists, the (b) Witness fees and mileage allowances PART 2428—ENFORCEMENT OF ASSIST- Executive Director may, upon agreement of shall be paid by the party at whose instance ANT SECRETARY STANDARDS OF CON- all parties, transfer the case to the Board; the witnesses appear, except when the wit- DUCT DECISIONS AND ORDERS and the Board may decide the case on the ness receives compensation pursuant to Sec. basis of the formal documents alone. Briefs § 2429.13. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5171 § 2429.15 Board requests for advisory opinions. Subpart A—Purpose have agreed to adopt, for binding arbitration (a) Whenever the Board, pursuant to 5 § 2470.1 Purpose. of the negotiation impasse by filing a re- U.S.C. 7105(i), as applied by the CAA, re- The regulations contained in this sub- quest as hereinafter provided. quests an advisory opinion from the Director chapter are intended to implement the provi- § 2471.2 Request form. of the Office of Personnel Management con- sions of section 7119 of title 5 of the United A form has been prepared for use by the cerning the proper interpretation of rules, States Code, as applied by the CAA. They parties in filing a request with the Board for regulations, or policy directives issued by prescribe procedures and methods which the consideration of an impasse or approval of a that Office in connection with any matter Board may utilize in the resolution of nego- binding arbitration procedure. Copies are before the Board, a copy of such request, and tiation impasses when voluntary arrange- available from the Executive Director, Office any response thereto, shall be served upon ments, including the services of the Federal of Compliance. the parties in the matter. Mediation and Conciliation Service or any § 2471.3 Content of request. (b) The parties shall have fifteen (15) days other third-party mediation, fail to resolve from the date of service of a copy of the re- (a) A request from a party or parties to the the disputes. Board for consideration of an impasse must sponse of the Office of Personnel Manage- Subpart B—Definitions ment to file with the Board comments on be in writing and include the following infor- § 2470.2 Definitions. that response which the parties wish the mation: (1) Identification of the parties and indi- Board to consider before reaching a decision (a) The terms Executive Director, employ- viduals authorized to act on their behalf; in the matter. Such comments shall be in ing office, labor organization, and conditions (2) Statement of issues at impasse and the writing and copies shall be served upon the of employment as used herein shall have the summary positions of the initiating party or other parties in the matter and upon the Of- meaning set forth in Part 2421 of these rules. parties with respect to those issues; and fice of Personnel Management. (b) The terms designated representative or designee of the Board means a Board mem- (3) Number, length, and dates of negotia- § 2429.16 General remedial authority. ber, a staff member, or other individual des- tion and mediation sessions held, including The Board shall take any actions which ignated by the Board to act on its behalf. the nature and extent of all other voluntary are necessary and appropriate to administer (c) The term hearing means a factfinding arrangements utilized. effectively the provisions of chapter 71 of hearing, arbitration hearing, or any other (b) A request for approval of a binding arbi- title 5 of the United States Code, as applied hearing procedure deemed necessary to ac- tration procedure must be in writing, jointly by the CAA. complish the purposes of 5 U.S.C. 7119, as ap- filed by the parties, and include the follow- § 2429.17 [Reserved] plied by the CAA. ing information about the pending impasse: § 2429.18 [Reserved] (d) The term impasse means that point in (1) Identification of the parties and indi- viduals authorized to act on their behalf; Subpart B—General Requirements the negotiation of conditions of employment at which the parties are unable to reach (2) Brief description of the impasse includ- § 2429.21 [Reserved] agreement, notwithstanding their efforts to ing the issues to be submitted to the arbitra- § 2429.22 [Reserved] do so by direct negotiations and by the use tor; § 2429.23 Extension; waiver. of mediation or other voluntary arrange- (3) Number, length, and dates of negotia- (a) Except as provided in paragraph (d) of ments for settlement. tion and mediation sessions held, including this section, the Board or General Counsel, (e) The term Board means the Board of Di- the nature and extent of all other voluntary or their designated representatives, as appro- rectors of the Office of Compliance. arrangements utilized; priate, may extend any time limit provided (f) The term party means the agency or the (4) Statement that the proposals to be sub- in this subchapter for good cause shown, and labor organization participating in the nego- mitted to the arbitrator contain no ques- shall notify the parties of any such exten- tiation of conditions of employment. tions concerning the duty to bargain; and sion. Requests for extensions of time shall be (g) The term voluntary arrangements (5) Statement of the arbitration procedures in writing and received by the appropriate means any method adopted by the parties for to be used, including the type of arbitration, official not later than five (5) days before the the purpose of assisting them in their resolu- the method of selecting the arbitrator, and established time limit for filing, shall state tion of a negotiation dispute which is not in- the arrangement for paying for the proceed- the position of the other parties on the re- consistent with the provisions of 5 U.S.C. ings or, in the alternative, those provisions quest for extension, and shall be served on 7119, as applied by the CAA. of the parties’ labor agreement which con- the other parties. PART 2471—PROCEDURES OF THE BOARD tain this information. (b) Except as provided in paragraph (d) of IN IMPASSE PROCEEDINGS § 2471.4 Where to file. this section, the Board or General Counsel, Sec. Requests to the Board provided for in this or their designated representatives, as appro- 2471.1 Request for Board consideration; re- part, and inquiries or correspondence on the priate, may waive any expired time limit in quest for Board approval of binding arbi- status of impasses or other related matters, this subchapter in extraordinary cir- tration. should be addressed to the Executive Direc- cumstances. Request for a waiver of time 2471.2 Request form. tor, Office of Compliance. limits shall state the position of the other 2471.3 Content of request. parties and shall be served on the other par- § 2471.5 Copies and service. 2471.4 Where to file. ties. (a) Any party submitting a request for 2471.5 Copies and service. (c) The time limits established in this sub- Board consideration of an impasse or a re- 2471.6 Investigation of request; Board rec- chapter may not be extended or waived in quest for approval of a binding arbitration ommendation and assistance; approval of any manner other than that described in this procedure shall file an original and one copy binding arbitration. subchapter. with the Board and shall serve a copy of such 2471.7 Preliminary hearing procedures. (d) Time limits established in 5 U.S.C. request upon all counsel of record or other 2471.8 Conduct of hearing and prehearing 7105(f), 7117(c)(2) and 7122(b), as applied by designated representative(s) of parties, upon conference. the CAA, may not be extended or waived parties not so represented, and upon any me- 2471.9 Report and recommendations. under this section. diation service which may have been uti- 2471.10 Duties of each party following re- § 2429.24 [Reserved] lized. When the Board acts on a request from ceipt of recommendations. the Federal Mediation and Conciliation § 2429.25 [Reserved] 2471.11 Final action by the Board. § 2429.26 [Reserved] Service or acts on a request from the Execu- 2471.12 Inconsistent labor agreement provi- tive Director, it will notify the parties to the § 2429.27 [Reserved] sions. § 2429.28 Petitions for amendment of regula- dispute, their counsel of record or designated tions. § 2471.1 Request for Board consideration; re- representatives, if any, and any mediation quest for Board approval of binding arbitra- service which may have been utilized. A Any interested person may petition the tion. clean copy capable of being used as an origi- Board in writing for amendments to any por- If voluntary arrangements, including the nal for purposes such as further reproduction tion of these regulations. Such petition shall services of the Federal Mediation and Concil- may be submitted for the original. Service identify the portion of the regulations in- iation Services or any other third-party me- upon such counsel or representative shall volved and provide the specific language of diation, fail to resolve a negotiation im- constitute service upon the party, but a copy the proposed amendment together with a passe: also shall be transmitted to the party. statement of grounds in support of such peti- (a) Either party, or the parties jointly, (b) Any party submitting a response to or tion. may request the Board to consider the mat- other document in connection with a request SUBCHAPTER D IMPASSES ter by filing a request as hereinafter pro- for Board consideration of an impasse or a PART 2470—GENERAL vided; or the Board may, pursuant to 5 U.S.C. request for approval of a binding arbitration Subpart A— Purpose 7119(c)(1), as applied by the CAA, undertake procedure shall file an original and one copy consideration of the matter upon request of with the Board and shall serve a copy of the Sec. (i) the Federal Mediation and Conciliation document upon all counsel of record or other 2470.1 Purpose. Service, or (ii) the Executive Director; or designated representative(s) of parties, or Subpart B—Definitions (b) The parties may jointly request the upon parties not so represented. A clean 2470.2 Definitions. Board to approve any procedure, which they copy capable of being used as an original for H5172 CONGRESSIONAL RECORD — HOUSE May 15, 1996 purposes such as further reproduction may (3) Rule on motions and requests for ap- (b) In preparation for taking such final ac- be submitted for the original. Service upon pearance of witnesses and the production of tion, the Board may hold hearings, admin- such counsel or representative shall con- records; ister oaths, and take the testimony or depo- stitute service upon the party, but a copy (4) Designate the date on which sition of any person under oath, or it may also shall be transmitted to the party. posthearing briefs, if any, shall be submit- appoint or designate one or more individuals (c) A signed and dated statement of service ted; pursuant to 5 U.S.C. 7119(c)(4), as applied by shall accompany each document submitted (5) Determine all procedural matters con- the CAA, to exercise such authority on its to the Board. The statement of service shall cerning the hearing, including the length of behalf. include the names of the parties and persons sessions, conduct of persons in attendance, (c) When the exercise of authority under served, their addresses, the date of service, recesses, continuances, and adjournments; this section requires the holding of a hear- the nature of the document served, and the and take any other appropriate procedural ing, the procedure contained in § 2471.8 shall manner in which service was made. action which, in the judgment of the des- apply. (d) The date of service or date served shall ignated representative, will promote the pur- (d) Notice of any final action of the Board be the day when the matter served is depos- pose and objectives of the hearing. shall be promptly served upon the parties, ited in the U.S. mail or is delivered in per- (b) A prehearing conference may be con- and the action shall be binding on such par- son. ducted by the designated representative of ties during the term of the agreement, unless (e) Unless otherwise provided by the Board the Board in order to: they agree otherwise. or its designated representatives, any docu- (1) Inform the parties of the purpose of the 2471.12 Inconsistent labor agreement provi- ment or paper filed with the Board under hearing and the procedures under which it sions. these rules, together with any enclosure filed will take place; Any provisions of the parties’ labor agree- therewith, shall be submitted on 8 1/2″ x 11 (2) Explore the possibilities of obtaining ments relating to impasse resolution which inch size paper. stipulations of fact; are inconsistent with the provisions of either § 2471.6 Investigation of request; Board rec- (3) Clarify the positions of the parties with 5 U.S.C. 7119, as applied by the CAA, or the ommendation and assistance; approval of respect to the issues to be heard; and procedures of the Board shall be deemed to binding arbitration. (4) Discuss any other relevant matters be superseded. which will assist the parties in the resolu- (a) Upon receipt of a request for consider- f tion of the dispute. ation of an impasse, the Board or its des- § 2471.9 Report and recommendations. EXECUTIVE COMMUNICATIONS, ignee will promptly conduct an investiga- ETC. tion, consulting when necessary with the (a) When a report is issued after a hearing parties and with any mediation service uti- conducted pursuant to §§ 2471.7 and 2471.8, it Under clause 2 of rule XXIV, execu- lized. After due consideration, the Board normally shall be in writing and, when au- tive communications were taken from shall either: thorized by the Board, shall contain rec- the Speaker’s table and referred as fol- (1) Decline to assert jurisdiction in the ommendations. lows: event that it finds that no impasse exists or (b) A report of the designated representa- 3027. A letter from the Congressional Re- that there is other good cause for not assert- tive containing recommendations shall be view Coordinator, Animal and Plant Health ing jurisdiction, in whole or in part, and so submitted to the parties, with two (2) copies Inspection Service, transmitting the Serv- advise the parties in writing, stating its rea- to the Executive Director, within a period ice’s final rule—Importation of Embryos sons; or normally not to exceed thirty (30) calendar from Ruminants and Swine from Countries (2) Recommend to the parties procedures, days after receipt of the transcript or briefs, Where Rinderpest or Foot-and-Mouth Dis- including but not limited to arbitration, for if any. ease Exists Disease Exists [APHIS Docket the resolution of the impasse and/or assist (c) A report of the designated representa- No. 94–006–2] received May 13, 1996, pursuant them in resolving the impasse through what- tive not containing recommendations shall to 5 U.S.C. 801(a)(1)(A); to the Committee on ever methods and procedures the Board con- be submitted to the Board with a copy to Agriculture. siders appropriate. each party within a period normally not to 3028. A letter from the Congressional Re- (b) Upon receipt of a request for approval exceed thirty (30) calendar days after receipt view Coordinator, Animal and Plant Health of a binding arbitration procedure, the Board of the transcript or briefs, if any. The Board Inspection Service, transmitting the Serv- or its designee will promptly conduct an in- shall then take whatever action it may con- ice’s final rule—Import/Export User Fees vestigation, consulting when necessary with sider appropriate or necessary to resolve the [APHIS Docket No. 92–174–2] (RIN: 0579– the parties and with any mediation service impasse. AA67) received May 15, 1996, pursuant to 5 utilized. After due consideration, the Board § 2471.10 Duties of each party following receipt U.S.C. 801(a)(1)(A); to the Committee on Ag- shall either approve or disapprove the re- of recommendations. riculture. quest; provided, however, that when the re- (a) Within thirty (30) calendar days after 3029. A letter from the Director, Office of quest is made pursuant to an agreed-upon receipt of a report containing recommenda- Regulatory Management and Information, procedure for arbitration contained in an ap- tions of the Board or its designated rep- Environmental Protection Agency, transmit- plicable, previously negotiated agreement, resentative, each party shall, after confer- ting the Agency’s final rule—Approval and the Board may use an expedited procedure ring with the other, either: Promulgation of Implementation Plans: and promptly approve or disapprove the re- (1) Accept the recommendations and so no- Ohio (FLR–5439–4) received May 14, 1996, pur- quest, normally within five (5) workdays. tify the Executive Director; or suant to 5 U.S.C. 801(a)(1)(A); to the Commit- § 2471.7 Preliminary hearing procedures. (2) Reach a settlement of all unresolved is- tee on Commerce. When the Board determines that a hearing sues and submit a written settlement state- 3030. A letter from the Director, Office of is necessary under § 2471.6, it will: ment to the Executive Director; or Regulatory Management and Information, (a) Appoint one or more of its designees to (3) Submit a written statement to the Ex- Environmental Protection Agency, transmit- conduct such hearing; and ecutive Director setting forth the reasons for ting the Agency’s final rules—(1) State of (b) issue and serve upon each of the parties not accepting the recommendations and for California; approval of Section 112(1) Author- a notice of hearing and a notice of prehear- not reaching a settlement of all unresolved ity for Hazardous Air Pollutants; ing conference, if any. The notice will state: issues. Perchloroethylene Air Emission Standards (1) The names of the parties to the dispute; (b) A reasonable extension of time may be for Dry Cleaning Facilities (FRL–5444–6), (2) (2) the date, time, place, type, and purpose of authorized by the Executive Director for Acid Rain Program: Continuous Emission the hearing; (3) the date, time, place, and good cause shown when requested in writing Monitoring (FRL–5506–6), (3) Propylene purpose of the prehearing conference, if any; by either party prior to the expiration of the Oxide; Pesticide Tolerance (PP 6E4647/R2220) (4) the name of the designated representa- time limits. (FRL–5357–8), and (4) National Oil and Haz- ardous Substances Pollution Contingency tives appointed by the Board; (5) the issues § 2471.11 Final action by the Board. to be resolved; and (6) the method, if any, by Plan National Priorities List (FRL–5507–3) (a) If the parties do not arrive at a settle- which the hearing shall be recorded. received May 14, 1996, pursuant to 5 U.S.C. ment as a result of or during actions taken 801(a)(1)(A); to the Committee on Commerce. § 2471.8 Conduct of hearing and prehearing under § 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and 3031. A letter from the Acting Assistant conference. 2471.10, the Board may take whatever action Secretary for Legislative Affairs, Depart- (a) A designated representative of the is necessary and not inconsistent with 5 ment of State, transmitting notification of a Board, when so appointed to conduct a hear- U.S.C. chapter 71, as applied by the CAA, to proposed manufacturing license agreement ing, shall have the authority on behalf of the resolve the impasse, including but not lim- for production of major military equipment Board to: ited to, methods and procedures which the with Korea (Transmittal No. DTC–19–96), (1) Administer oaths, take the testimony Board considers appropriate, such as direct- pursuant to 22 U.S.C. 2776(d); to the Commit- or deposition of any person under oath, re- ing the parties to accept a factfinder’s rec- tee on International Relations. ceive other evidence, and issue subpenas; ommendations, ordering binding arbitration 3032. A letter from the Chairman, U.S. (2) Conduct the hearing in open, or in conducted according to whatever procedure Merit Systems Protection Board, transmit- closed session at the discretion of the des- the Board deems suitable, and rendering a ting a draft of proposed legislation to au- ignated representative for good cause shown; binding decision. thorize appropriations for the U.S. Merit May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5173

Systems Protection Board, pursuant to 31 COLLINS of Georgia, Mr. JACKSON, Mr. Ms. DUNN of Washington, Mrs. FOWL- U.S.C. 1110; to the Committee on Govern- DELLUMS, Mr. ANDREWS, Mr. ORTIZ, ER, Ms. GREENE of Utah, Mrs. KELLY, ment Reform and Oversight. Mr. RUSH, Ms. SLAUGHTER, Mr. GIB- Ms. LOFGREN, Mrs. MEEK of Florida, 3033. A letter from the Acting Director, Of- BONS, Mr. CLAY, Ms. VELAZQUEZ, Mr. Mrs. MEYERS of Kansas, Mrs. MYRICK, fice of Fisheries Conservation and Manage- GUTIERREZ, Mrs. MINK of Hawaii, Mr. Ms. PRYCE, Mrs. SEASTRAND, Mrs. ment, National Marine Fisheries Service, BROWN of California, and Mr. LEVIN): SCHROEDER, Mrs. VUCANOVICH, Ms. transmitting the Service’s final rule— H.R. 3457. A bill to amend the Internal Rev- WOOLSEY, Mr. CAMP, Mr. Groundfish of the Gulf of Alaska; Pacific cod enue Code of 1986 to suspend the 4.3-cent gen- CHRISTENSEN, Mr. COLLINS of Georgia, in the Western Regulatory Area [Docket No. eral revenue portion of the fuel excise taxes; Mr. CRANE, Mr. ENGLISH of Penn- 960129018–6108–01; I.D. 050396C] received May to the Committee on Ways and Means, and in sylvania, Mr. ENSIGN, Mr. HOUGHTON, 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to addition to the Committee on National Secu- Mr. MATSUI, Mr. MCCRERY, Mr. NEAL the Committee on Resources. rity, for a period to be subsequently deter- of Massachusetts, Mr. PORTMAN, Mr. 3034. A letter from the Program Manage- mined by the Speaker, in each case for con- RAMSTAD, Mr. ZIMMER, Mr. HOBSON, ment Officer, National Marine Fisheries sideration of such provisions as fall within Mr. NUSSLE, Mr. UPTON, Mr. Service, transmitting the Service’s final the jurisdiction of the committee concerned. TORKILDSEN, Mr. FOLEY, Mr. BOEH- rule—American Lobster Fishery; Technical By Mr. EVERETT (for himself, Mr. LERT, and Mr. FRELINGHUYSEN): Amendment [Docket No. 960409108–6108–01; STUMP, Mr. MONTGOMERY, and Mr. H.R. 3465. A bill to amend part D of title IV I.D. 040596A] (RIN: 0648–XX61) received May EVANS): of the Social Security Act to improve child 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 3458. A bill to increase, effective as of support enforcement services, and for other the Committee on Resources. December 1, 1996, the rates of compensation purposes; to the Committee on Ways and 3035. A letter from the Chair of the Board, for veterans with service-connected disabil- Means, and in addition to the Committees on Office of Compliance, transmitting notice of ities and the rates of dependency and indem- Banking and Financial Services, the Judici- proposed rulemaking for publication in the nity compensation for the survivors of cer- ary, National Security, Transportation and CONGRESSIONAL RECORD, pursuant to Public tain disabled veterans; to the Committee on Infrastructure, International Relations, Eco- Law 104–1, section 304(b)(1) (109 Stat. 29); Veterans’ Affairs. nomic and Educational Opportunities, and jointly, to the Committees on House Over- By Mr. BUYER (for himself and Mr. Government Reform and Oversight, for a pe- sight and Economic and Educational Oppor- FILNER): riod to be subsequently determined by the tunities. H.R. 3459. A bill to amend title 38, United Speaker, in each case for consideration of States Code, to extend the enhanced loan f such provisions as fall within the jurisdic- asset sale authority of the Secretary of Vet- tion of the committee concerned. erans Affairs; to the Committee on Veterans’ By Mrs. MALONEY (for herself, Mr. REPORTS OF COMMITTEES ON Affairs. PUBLIC BILLS AND RESOLUTIONS TORRICELLI, Mr. GONZALEZ, Mr. By Mr. MOORHEAD (for himself, Mrs. YATES, Mr. CLAY, Mr. CONYERS, and Under clause 2 of rule XIII, reports of SCHROEDER, Mr. CONYERS, Mr. SEN- Mr. STARK): committees were delivered to the Clerk SENBRENNER, Mr. COBLE, Mr. H.R. 3466. A bill to eliminate taxpayer sub- for printing and reference to the proper GOODLATTE, Mr. BERMAN, Mr. BOU- sidies for recreational shooting programs, CHER, Mr. GALLEGLY, Mr. HOKE, Mr. calendar, as follows: and to prevent the transfer of federally NADLER, and Ms. LOFGREN): owned weapons, ammunition, funds, and Mr. SOLOMON: Committee on Rules. H.R. 3460. A bill to establish the Patent other property to a private corporation for House Resolution 435. Resolution providing and Trademark Office as a Government cor- the promotion of rifle practice and firearms for further consideration of the concurrent poration, and for other purposes; to the Com- safety; to the Committee on National Secu- resolution (H. Con. Res. 178) establishing the mittee on the Judiciary. rity. congressional budget for the United States By Mr. THOMAS: Government for fiscal year 1997 and setting H.R. 3461. A bill to authorize appropria- f forth appropriate budgetary levels for fiscal tions for the Federal Election Commission year 1998, 1999, 2000, 2001, 2002 (Rept. 104–577). for fiscal year 1997; to the Committee on ADDITIONAL SPONSORS Referred to the House Calendar. House Oversight. Under clause 4 of rule XXII, sponsors f By Mr. CARDIN (for himself, Mr. were added to public bills and resolu- WATTS of Oklahoma, Mr. GILMAN, Mr. tions as follows: REPORTED BILLS SEQUENTIALLY HOYER, Mrs. MORELLA, Mr. LAFALCE, H.R. 833: Mr. CAMPBELL. REFERRED Mr. PICKETT, Mr. CRAMER, Mr. POMEROY, Mr. BREWSTER, Mr. MORAN, H.R. 922: Mrs. CLAYTON. Under clause 5 of rule X, bills and re- Mr. JOHNSON of South Dakota, Mrs. H.R. 1023: Mr. BROWN of Ohio, Mr. RUSH, ports were delivered to the Clerk for MEEK of Florida, and Mr. EHRLICH): and Mr. MARTINEZ. printing, and bills referred as follows: H.R. 3462. A bill to amend title 5, United H.R. 1140: Mr. NADLER. States Code, to require that written notice H.R. 1210: Mr. ENGLISH of Pennsylvania. Mr. COMBEST: Permanent Select Commit- be furnished by the Office of Personnel Man- H.R. 1353: Mr. POMEROY. tee on Intelligence. H.R. 3259. A bill to au- agement before making any substantial H.R. 1402: Mr. CLAY. thorize appropriations for fiscal year 1997 for change in the health benefits program for H.R. 2011: Mr. GANSKE. intelligence and intelligence-related activi- Federal employees; to the Committee on H.R. 2026: Mr. FRANK of Massachusetts, Mr. ties of the U.S. Government, the Community Government Reform and Oversight. BACHUS, Mr. YOUNG of Alaska, Mr. HASTINGS Management Account, and the Central Intel- By Mr. GUTIERREZ: of Florida, Mr. VOLKMER, Mr. SAWYER, Mr. ligence Agency Retirement and Disability H.R. 3463. A bill to provide for a livable TAYLOR of Mississippi, and Mr. GALLEGLY. System, and for other purposes; with an wage for employees under Federal contracts H.R. 2270: Mr. BATEMAN, Mr. CLINGER, Mr. amendment; referred to the Committee on and subcontracts; to the Committee on Eco- KINGSTON, Mr. CREMEANS, Mr. BUNNING of National Security for a period ending not nomic and Educational Opportunities, and in Kentucky, Mr. KING, Mr. CAMPBELL, Mr. later than May 16, 1996, for consideration of addition to the Committee on Government JONES, and Mr. BEREUTER. such provisions of the bill and amendment as Reform and Oversight, for a period to be sub- H.R. 2272: Mr. NADLER and Mr. PICKETT. fall within the jurisdiction of that commit- sequently determined by the Speaker, in H.R. 2463: Ms. SLAUGHTER. tee pursuant to clause 1(k), rule X. each case for consideration of such provi- H.R. 2508: Mr. UPTON. f sions as fall within the jurisdiction of the H.R. 2579: Mr. LATHAM. committee concerned. H.R. 2807: Mr. THORNBERRY, Mr. FATTAH, PUBLIC BILLS AND RESOLUTIONS By Mr. HANCOCK: Mr. NORWOOD, and Mr. TOWNS. Under clause 5 of rule X and clause 4 H.R. 3464. A bill to make a minor adjust- H.R. 2931: Mr. WISE, Mr. BAKER of Louisi- of rule XXII, public bills and resolu- ment in the exterior boundary of the Devils ana, Mr. MANTON, Ms. MCCARTHY, and Mr. Backbone Wilderness in the Mark Twain Na- ACKERMAN. tions were introduced and severally re- tional Forest, MO, to exclude a small parcel H.R. 2976: Mr. BENTSEN, Mr. BROWN of Ohio, ferred as follows: of land containing improvements; to the Mrs. CHENOWETH, Mrs. COLLINS of Illinois, By Ms. JACKSON-LEE (for herself, Mr. Committee on Agriculture, and in addition Mr. DE LA GARZA, and Mr. WELDON of Flor- RANGEL, Mr. PAYNE of New Jersey, to the Committee on Resources, for a period ida. Ms. WATERS, Ms. EDDIE BERNICE to be subsequently determined by the Speak- H.R. 3012: Mr. COSTELLO, Mr. KINGSTON, Mr. JOHNSON of Texas, Mr. BISHOP, Mr. er, in each case for consideration of such pro- HAYES, Mr. CLEMENT, and Ms. KAPTUR. ACKERMAN, Ms. BROWN of Florida, Ms. visions as fall within the jurisdiction of the H.R. 3030: Mrs. THURMAN, Mr. JACKSON, and NORTON, Mr. JEFFERSON, Mr. STOKES, committee concerned. Mr. FILNER. Mr. WATT of North Carolina, Mr. By Mrs. JOHNSON of Connecticut (for H.R. 3038: Mr. BLUTE and Mr. EMERSON. CLYBURN, Mr. LEWIS of Georgia, Mr. herself, Mrs. KENNELLY, Mr. SHAW, H.R. 3060: Mr. FAWELL and Mr. PORTER. CONYERS, Mr. OWENS, Mr. FATTAH, Mrs. MORELLA, Mrs. LOWEY, Mrs. H.R. 3083: Mrs. CHENOWETH, Mr. PORTER, Mr. HILLIARD, Mr. RICHARDSON, Mr. CLAYTON, Mrs. CUBIN, Ms. DELAURO, Mr. DOOLITTLE, and Mr. DOOLEY. H5174 CONGRESSIONAL RECORD — HOUSE May 15, 1996

H.R. 3089: Mr. FALEOMAVAEGA, Ms. ROYBAL- Fiscal year 1997: $7,157,000,000. Fiscal year 2000: ALLARD, Mr. FLAKE, Mr. RICHARDSON, Mr. Fiscal year 1998: $17,170,000,000. (A) New budget authority, $273,082,000,000. FILNER, Mr. FAZIO of California, and Mr. Fiscal year 1999: $16,303,000,000. (B) Outlays, $267,858,000,000. HORN. Fiscal year 2000: $17,838,000,000. (C) New direct loan obligations, $0. H.R. 3090: Mr. CANADY. Fiscal year 2001: $19,192,000,000. (D) New primary loan guarantee commit- H.R. 3118: Mr. BRYANT of Tennessee. Fiscal year 2002: $18,645,000,000. ments $200,000,000. H.R. 3142: Mr. DEUTSCH, Mr. ENGEL, Mr. LU- (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 2001: THER, and Mr. TAYLOR of North Carolina. of the enforcement of this resolution, the ap- (A) New budget authority, $272,300,000,000. H.R. 3144: Mr. COMBEST, Mr. COOLEY, Mr. propriate levels of total new budget author- (B) Outlays, $265,703,000,000. ENSIGN, Mr. FRELINGHUYSEN, Mr. FRISA, Mr. ity are as follows: (C) New direct loan obligations, $0. HERGER, Mr. HILLEARY, Ms. MOLINARI, Mr. Fiscal year 1997: $1,316,223,000,000. (D) New primary loan guarantee commit- POMBO, Mr. RADANOVICH, Mr. RIGGS, Mr. ROG- Fiscal year 1998: $1,364,054,000,000. ments $200,000,000. ERS, Mr. ROYCE, Mr. SMITH of Texas, Mr. Fiscal year 1999: $1,405,593,000,000. Fiscal year 2002: TAYLOR of North Carolina, Mr. Fiscal year 2000: $1,448,718,000,000. (A) New budget authority, $272,372,000,000. ROHRABACHER, Mr. HANCOCK, Mr. Fiscal year 2001: $1,480,821,000,000. (B) Outlays, $269,364,000,000. CHRISTENSEN, Mr. WELLER, and Mr. SCHAE- Fiscal year 2002: $1,529,237,000,000. (C) New direct loan obligations, $0. FER. (3) BUDGET OUTLAYS.—For purposes of the (D) New primary loan guarantee commit- H.R. 3150: Mr. BROWN of California and Mr. enforcement of this resolution, the appro- ments $200,000,000. FALEOMAVAEGA. priate levels of total budget outlays are as (2) International Affairs (150): H.R. 3153: Mrs. THURMAN, Mr. follows: Fiscal year 1997: ROHRABACHER, Mr. PARKER, and Mr. LATHAM. Fiscal year 1997: $1,313,391,000,000. (A) New budget authority, $14,178,000,000. H.R. 3195: Mr. THORNBERRY. Fiscal year 1998: $1,352,476,000,000. (B) Outlays, $15,008,000,000. H.R. 3199: Ms. DANNER and Mr. HEFLEY. Fiscal year 1999: $1,388,058,000,000. (C) New direct loan obligations, H.R. 3206: Mr. NEY. Fiscal year 2000: $1,428,498,000,000. $4,342,000,000. H.R. 3221: Mr. HINCHEY, Ms. WATERS, Mr. Fiscal year 2001: $1,453,221,000,000. (D) New primary loan guarantee commit- BORSKI, Mr. STARK, Mr. HILLIARD, Mrs. CLAY- Fiscal year 2002: $1,501,530,000,000. ments $18,251,000,000. TON, Ms. LOFGREN, and Mr. LIPINSKI. (4) DEFICITS.—For purposes of the enforce- Fiscal year 1998: H.R. 3226: Mr. BORSKI, Ms. PRYCE, and Mr. ment of this resolution, the amounts of the (A) New budget authority, $12,682,000,000. KLUG. deficits are as follows: (B) Outlays, $13,566,000,000. H.R. 3247: Mr. BERMAN, Mr. PALLONE, Mr. Fiscal year 1997: $205,878,000,000. (C) New direct loan obligations, $4,417,000,000. OBERSTAR, Ms. NORTON, and Mr. EVANS. Fiscal year 1998: $186,756,000,000. (D) New primary loan guarantee commit- H.R. 3253: Mr. DORNAN, Mr. BROWN of Cali- Fiscal year 1999: $173,397,000,000. ments $18,628,000,000. fornia, Mr. BLUTE, and Mrs. CLAYTON. Fiscal year 2000: $158,861,000,000. Fiscal year 1999: H.R. 3258: Mr. HORN and Mr. COOLEY. Fiscal year 2001: $122,929,000,000. (A) New budget authority, $11,838,000,000. H.R. 3265: Mr. SMITH of New Jersey. Fiscal year 2002: $108,987,000,000. (B) Outlays, $12,552,000,000. H.R. 3316: Mr. LAFALCE, Mr. LIPINSKI, and (5) PUBLIC DEBT.—The appropriate levels of (C) New direct loan obligations, Mr. EVANS. the public debt are as follows: $4,518,000,000. H.R. 3362: Mr. HILLIARD, Mr. LAFALCE, Ms. Fiscal year 1997: $5,417,500,000,000. (D) New primary loan guarantee commit- LOFGREN, Mr. MILLER of California, Mr. Fiscal year 1998: $5,651,100,000,000. ments $19,030,000,000. FROST, and Mr. MANTON. Fiscal year 1999: $5,864,000,000,000. Fiscal year 2000: H.R. 3379: Mr. SCARBOROUGH. Fiscal year 2000: $6,058,600,000,000. (A) New budget authority, $12,749,000,000. H.R. 3392: Mr. DICKS, Ms. PELOSI, Mr. WATT Fiscal year 2001: $6,212,600,000,000. (B) Outlays, $11,461,000,000. of North Carolina, Mrs. MINK of Hawaii, Mr. Fiscal year 2002: $6,344,300,000,000. (C) New direct loan obligations, THOMPSON, Mr. MINGE, Mr. PASTOR, Mr. (6) DIRECT LOAN OBLIGATIONS.—The appro- $4,618,000,000. DIXON, and Ms. LOFGREN. priate levels of total new direct loan obliga- (D) New primary loan guarantee commit- H.R. 3412: Mr. YATES. tions are as follows: ments $19,406,000,000. H. Con. Res. 154: Ms. LOFGREN, Mr. Fiscal year 1997: $41,432,000,000. Fiscal year 2001: MENENDEZ, Mr. BROWN of California, Mr. ED- Fiscal year 1998: $39,420,000,000. (A) New budget authority, $12,879,000,000. WARDS, Mr. MCNULTY, and Mr. MINGE. Fiscal year 1999: $42,470,000,000. (B) Outlays, $11,669,000,000. f Fiscal year 2000: $43,895,000,000. (C) New direct loan obligations, Fiscal year 2001: $45,292,000,000. AMENDMENTS $4,739,000,000. Fiscal year 2002: $46,718,000,000. (D) New primary loan guarantee commit- Under clause 6 of rule XXIII, pro- (7) PRIMARY LOAN GUARANTEE COMMIT- ments $19,858,000,000. posed amendments were submitted as MENTS.—The appropriate levels of new pri- Fiscal year 2002: mary loan guarantee commitments are as follows: (A) New budget authority, $13,124,000,000. follows: (B) Outlays, $11,727,000,000. H. CON. RES. 178 Fiscal year 1997: $267,340,000,000. (C) New direct loan obligations, OFFERED BY: MR. ORTON Fiscal year 1998: $266,819,000,000. $4,891,000,000. (Amendment in the Nature of a Substitute) Fiscal year 1999: $266,088,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: $267,079,000,000. ments $20,431,000,000. AMENDMENT NO. 1: Strike all after the re- Fiscal year 2001: $267,982,000,000. (3) General Science, Space, and Technology solving clause and insert the following: Fiscal year 2002: $269,051,000,000. (250): SECTION 1. CONCURRENT RESOLUTION ON THE SEC. 3. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 1997: BUDGET FOR FISCAL YEAR 1997. The Congress determines and declares that (A) New budget authority, $16,840,000,000. The Congress determines and declares that the appropriate levels of new budget author- (B) Outlays, $16,894,000,000. the concurrent resolution on the budget for ity, budget outlays, new direct loan obliga- (C) New direct loan obligations, $0. fiscal year 1997 is hereby established and tions, and new primary loan guarantee com- (D) New primary loan guarantee commit- that the appropriate budgetary levels for fis- mitments for fiscal years 1996 through 2002 ments $0. cal years 1998 through 2002 are hereby set for each major functional category are: Fiscal year 1998: forth. Fiscal year 1997: (A) New budget authority, $16,841,000,000. SEC. 2. RECOMMENDED LEVELS AND AMOUNTS. (A) New budget authority, $259,235,000,000. (B) Outlays, $16,852,000,000. The following budgetary levels are appro- (B) Outlays, $262,484,000,000. (C) New direct loan obligations, $0. priate for the fiscal years 1997, 1998, 1999, (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- 2000, 2001, and 2002: (D) New primary loan guarantee commit- ments $0. (1) FEDERAL REVENUES.—For purposes of ments $800,000,000. Fiscal year 1999: the enforcement of this resolution: Fiscal year 1998: (A) New budget authority, $16,843,000,000. (A) The recommended levels of Federal (A) New budget authority, $263,733,000,000. (B) Outlays, $16,776,000,000. revenues are as follows: (B) Outlays, $259,351,000,000. (C) New direct loan obligations, $0. Fiscal year 1997: $1,107,513,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- Fiscal year 1998: $1,165,720,000,000. (D) New primary loan guarantee commit- ments $0. Fiscal year 1999: $1,214,661,000,000. ments $200,000,000. Fiscal year 2000: Fiscal year 2000: $1,269,637,000,000. Fiscal year 1999: (A) New budget authority, $16,844,000,000. Fiscal year 2001: $1,330,292,000,000. (A) New budget authority, $267,996,000,000. (B) Outlays, $16,822,000,000. Fiscal year 2002: $1,392,543,000,000. (B) Outlays, $261,560,000,000. (C) New direct loan obligations, $0. (B) The amounts by which the aggregate (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- levels of Federal revenues should be changed (D) New primary loan guarantee commit- ments $0. are as follows: ments $200,000,000. Fiscal year 2001: May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5175 (A) New budget authority, $16,845,000,000. (B) Outlays, $21,089,000,000. (D) New primary loan guarantee commit- (B) Outlays, $16,844,000,000. (C) New direct loan obligations, $44,000,000. ments $199,111,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (8) Transportation (400): (D) New primary loan guarantee commit- ments $0. Fiscal year 1997: ments $0. (6) Agriculture (350): (A) New budget authority, $43,944,000,000. Fiscal year 2002: Fiscal year 1997: (B) Outlays, $39,307,000,000. (A) New budget authority, $16,846,000,000. (A) New budget authority, $12,617,000,000. (C) New direct loan obligations, $15,000,000. (B) Outlays, $16,845,000,000. (B) Outlays, $10,778,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. (C) New direct loan obligations, ments $0. (D) New primary loan guarantee commit- $7,810,000,000. Fiscal year 1998: ments $0. (D) New primary loan guarantee commit- (A) New budget authority, $44,651,000,000. (4) Energy (270): ments $5,994,000,000. (B) Outlays, $38,616,000,000. Fiscal year 1997: Fiscal year 1998: (C) New direct loan obligations, $16,000,000. (A) New budget authority, $3,728,000,000. (A) New budget authority, $12,663,000,000. (D) New primary loan guarantee commit- (B) Outlays, $3,080,000,000. (B) Outlays, $10,677,000,000. ments $0. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 1999: $1,033,000,000. $9,387,000,000. (A) New budget authority, $43,544,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $36,014,000,000. ments $0. ments $6,765,000,000. (C) New direct loan obligations, $16,000,000. Fiscal year 1998: Fiscal year 1999: (D) New primary loan guarantee commit- (A) New budget authority, $3,654,000,000. (A) New budget authority, $12,481,000,000. ments $0. (B) Outlays, $2,695,000,000. (B) Outlays, $10,529,000,000. Fiscal year 2000: (C) New direct loan obligations, (C) New direct loan obligations, (A) New budget authority, $44,240,000,000. $1,050,000,000. $10,808,000,000. (B) Outlays, $35,526,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (C) New direct loan obligations, $17,000,000. ments $0. ments $6,836,000,000. (D) New primary loan guarantee commit- Fiscal year 1999: Fiscal year 2000: ments $0. (A) New budget authority, $3,220,000,000. (A) New budget authority, $11,933,000,000. Fiscal year 2001: (B) Outlays, $2,180,000,000. (B) Outlays, $10,026,000,000. (A) New budget authority, $44,854,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (B) Outlays, $34,788,000,000. $1,078,000,000. $10,825,000,000. (C) New direct loan obligations, $17,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $0. ments $6,909,000,000. ments $0. Fiscal year 2000: Fiscal year 2001: Fiscal year 2002: (A) New budget authority, $3,167,000,000. (A) New budget authority, $10,889,000,000. (A) New budget authority, $45,582,000,000. (B) Outlays, $2,035,000,000. (B) Outlays, $9,081,000,000. (B) Outlays, $34,440,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (C) New direct loan obligations, $18,000,000. $1,109,000,000. $10,708,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $0. ments $0. ments $6,983,000,000. (9) Community and Regional Development Fiscal year 2001: Fiscal year 2002: (450): (A) New budget authority, $3,337,000,000. (A) New budget authority, $10,646,000,000. Fiscal year 1997: (B) Outlays, $2,179,000,000. (B) Outlays, $8,816,000,000. (A) New budget authority, $8,733,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (B) Outlays, $10,409,000,000. $1,141,000,000. $10,706,000,000. (C) New direct loan obligations, (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- $1,231,000,000. ments $0. ments $7,060,000,000. (D) New primary loan guarantee commit- Fiscal year 2002: (7) Commerce and Housing Credit (370): ments $2,181,000,000. (A) New budget authority, $3,065,000,000. Fiscal year 1997: Fiscal year 1998: (B) Outlays, $1,816,000,000. (A) New budget authority, $7,928,000,000. (A) New budget authority, $8,268,000,000. (C) New direct loan obligations, (B) Outlays, $826,000,000. (B) Outlays, $10,024,000,000. $1,174,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (D) New primary loan guarantee commit- $1,910,000,000. $1,257,000,000. ments $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (5) Natural Resources and Environment ments $198,096,000,000. ments $2,229,000,000. (300): Fiscal year 1998: Fiscal year 1999: Fiscal year 1997: (A) New budget authority, $9,878,000,000. (A) New budget authority, $8,556,000,000. (A) New budget authority, $21,359,000,000. (B) Outlays, $5,381,000,000. (B) Outlays, $9,464,000,000. (B) Outlays, $21,969,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (C) New direct loan obligations, $37,000,000. $1,900,000,000. $1,287,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $0. ments $198,218,000,000. ments $2,315,000,000. Fiscal year 1998: Fiscal year 1999: Fiscal year 2000: (A) New budget authority, $21,131,000,000. (A) New budget authority, $10,622,000,000. (A) New budget authority, $8,621,000,000. (B) Outlays, $21,846,000,000. (B) Outlays, $5,713,000,000. (B) Outlays, $9,163,000,000. (C) New direct loan obligations, $41,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (D) New primary loan guarantee commit- $1,954,000,000. $1,365,000,000. ments $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 1999: ments $198,427,000,000. ments $2,369,000,000. (A) New budget authority, $21,277,000,000. Fiscal year 2000: Fiscal year 2001: (B) Outlays, $21,921,000,000. (A) New budget authority, $12,421,000,000. (A) New budget authority, $8,610,000,000. (C) New direct loan obligations, $41,000,000. (B) Outlays, $6,686,000,000. (B) Outlays, $8,671,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, (C) New direct loan obligations, ments $0. $2,015,000,000. $1,404,000,000. Fiscal year 2000: (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (A) New budget authority, $21,150,000,000. ments $198,723,000,000. ments $2,448,000,000. (B) Outlays, $21,630,000,000. Fiscal year 2001: Fiscal year 2002: (C) New direct loan obligations, $41,000,000. (A) New budget authority, $11,984,000,000. (A) New budget authority, $8,498,000,000. (D) New primary loan guarantee commit- (B) Outlays, $7,198,000,000. (B) Outlays, $8,149,000,000. ments $0. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 2001: $2,072,000,000. $1,430,000,000. (A) New budget authority, $21,032,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $21,253,000,000. ments $198,876,000,000. ments $2,496,000,000. (C) New direct loan obligations, $44,000,000. Fiscal year 2002: (10) Education, Training, Employment, and (D) New primary loan guarantee commit- (A) New budget authority, $12,325,000,000. Social Services (500): ments $0. (B) Outlays, $7,837,000,000. Fiscal year 1997: Fiscal year 2002: (C) New direct loan obligations, (A) New budget authority, $53,099,000,000. (A) New budget authority, $21,019,000,000. $2,134,000,000. (B) Outlays, $51,302,000,000. H5176 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (C) New direct loan obligations, (D) New primary loan guarantee commit- Fiscal year 2001: $16,219,000,000. ments $0. (A) New budget authority, $10,776,000,000. (D) New primary loan guarantee commit- Fiscal year 1999: (B) Outlays, $13,925,000,000. ments $15,469,000,000. (A) New budget authority, $219,739,000,000. (C) New direct loan obligations, $0. Fiscal year 1998: (B) Outlays, $217,467,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $54,914,000,000. (C) New direct loan obligations, $0 ments $0. (B) Outlays, $53,764,000,000. (D) New primary loan guarantee commit- Fiscal year 2002: (C) New direct loan obligations, ments $0. (A) New budget authority, $11,608,000,000. $19,040,000,000. Fiscal year 2000: (B) Outlays, $14,757,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $233,083,000,000. (C) New direct loan obligations, $0. ments $14,760,000,000. (B) Outlays, $231,334,000,000. (D) New primary loan guarantee commit- Fiscal year 1999: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $56,631,000,000. (D) New primary loan guarantee commit- (15) Veterans Benefits and Services (700): (B) Outlays, $55,520,000,000. ments $0. Fiscal year 1997: (C) New direct loan obligations, Fiscal year 2001: (A) New budget authority, $39,074,000,000. $21,781,000,000. (A) New budget authority, $249,351,000,000. (B) Outlays, $39,570,000,000. (D) New primary loan guarantee commit- (B) Outlays, $247,617,000,000. (C) New direct loan obligations, ments $13,854,000,000. (C) New direct loan obligations, $0. $935,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 2000: ments $0. ments $26,362,000,000. (A) New budget authority, $57,968,000,000. Fiscal year 2002: Fiscal year 1998: (B) Outlays, $56,675,000,000. (A) New budget authority, $266,091,000,000. (A) New budget authority, $38,910,000,000. (C) New direct loan obligations, (B) Outlays, $263,690,000,000. (B) Outlays, $39,387,000,000. $22,884,000,000. (C) New direct loan obligations, $0. (C) New direct loan obligations, (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- $962,000,000. ments $14,589,000,000. ments $0. (D) New primary loan guarantee commit- Fiscal year 2001: (13) Income Security (600): ments $25,925,000,000. (A) New budget authority, $59,496,000,000. Fiscal year 1997: Fiscal year 1999: (B) Outlays, $57,975,000,000. (A) New budget authority, $231,135,000,000. (A) New budget authority, $39,420,000,000. (C) New direct loan obligations, (B) Outlays, $238,848,000,000. (B) Outlays, $39,603,000,000. $23,978,000,000. (C) New direct loan obligations, $0. (C) New direct loan obligations, (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- $987,000,000. ments $15,319,000,000. ments $0. (D) New primary loan guarantee commit- Fiscal year 2002: Fiscal year 1998: ments $25,426,000,000. (A) New budget authority, $61,089,000,000. (A) New budget authority, $243,312,000,000. Fiscal year 2000: (B) Outlays, $59,302,000,000. (B) Outlays, $247,097,000,000. (A) New budget authority, $39,548,000,000. (C) New direct loan obligations, (C) New direct loan obligations, $0. (B) Outlays, $41,235,000,000. $25,127,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, (D) New primary loan guarantee commit- ments $0. $1,021,000,000. ments $16,085,000,000. Fiscal year 1999: (D) New primary loan guarantee commit- (11) Health (550): (A) New budget authority, $252,613,000,000. ments $24,883,000,000. Fiscal year 1997: (B) Outlays, $256,017,000,000. Fiscal year 2001: (A) New budget authority, $130,271,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $39,803,000,000. (B) Outlays, $129,859,000,000. (D) New primary loan guarantee commit- (B) Outlays, $38,655,000,000. (C) New direct loan obligations, $0. ments $0. (C) New direct loan obligations, (D) New primary loan guarantee commit- Fiscal year 2000: $1,189,000,000. ments $187,000,000. (A) New budget authority, $266,923,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: (B) Outlays, $268,708,000,000. ments $24,298,000,000. (A) New budget authority, $137,102,000,000. (C) New direct loan obligations, $0. Fiscal year 2002: (B) Outlays, $136,870,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $40,005,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $40,268,000,000. (D) New primary loan guarantee commit- Fiscal year 2001: (C) New direct loan obligations, ments $94,000,000,000. (A) New budget authority, $273,393,000,000. $1,194,000,000. Fiscal year 1999: (B) Outlays, $273,190,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $146,449,000,000. (C) New direct loan obligations, $0. ments $23,668,000,000. (B) Outlays, $146,486,000,000. (D) New primary loan guarantee commit- (16) Administration of Justice (750): (C) New direct loan obligations, $0. ments $0. Fiscal year 1997: (D) New primary loan guarantee commit- Fiscal year 2002: (A) New budget authority, $22,127,000,000. ments $0. (A) New budget authority, $288,716,000,000. (B) Outlays, $19,930,000,000. Fiscal year 2000: (B) Outlays, $286,757,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $155,462,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $155,232,000,000. (D) New primary loan guarantee commit- ments $0. (C) New direct loan obligations, $0. ments $0. Fiscal year 1998: (D) New primary loan guarantee commit- (14) Social Security (650): (A) New budget authority, $22,302,000,000. ments $0. Fiscal year 1997: (B) Outlays, $21,162,000,000. Fiscal year 2001: (A) New budget authority, $7,813,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $163,952,000,000. (B) Outlays, $11,001,000,000. (D) New primary loan guarantee commit- (B) Outlays, $163,535,000,000. (C) New direct loan obligations, $0. ments $0. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- Fiscal year 1999: (D) New primary loan guarantee commit- ments $0. (A) New budget authority, $23,186,000,000. ments $0. Fiscal year 1998: (B) Outlays, $22,241,000,000. Fiscal year 2002: (A) New budget authority, $8,477,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $174,717,000,000. (B) Outlays, $11,664,000,000. (D) New primary loan guarantee commit- (B) Outlays, $174,167,000,000. (C) New direct loan obligations, $0. ments $0. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- Fiscal year 2000: (D) New primary loan guarantee commit- ments $0. (A) New budget authority, $23,235,000,000. ments $0. Fiscal year 1999: (B) Outlays, $22,944,000,000. (12) Medicare (570): (A) New budget authority, $9,220,000,000. (C) New direct loan obligations, $0. Fiscal year 1997: (B) Outlays, $12,369,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $191,735,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $190,051,000,000. (D) New primary loan guarantee commit- Fiscal year 2001: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $22,119,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: (B) Outlays, $22,461,000,000. ments $0. (A) New budget authority, $9,980,000,000. (C) New direct loan obligations, $0. Fiscal year 1998: (B) Outlays, $13,129,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $205,671,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $203,946,000,000. (D) New primary loan guarantee commit- Fiscal year 2002: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $22,143,000,000. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5177 (B) Outlays, $22,085,000,000. (C) New direct loan obligations, $0. rect spending sufficient to reduce outlays, as (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- follows: $367,000,000 in outlays for fiscal year (D) New primary loan guarantee commit- ments $0. 1997, $2,428,000,000 in outlays in fiscal years ments $0. Fiscal year 1999: 1997 through 2001, and $3,026,000,000 in outlays (17) General Government (800): (A) New budget authority, ¥$7,000,000,000. in fiscal years 1997 through 2002. Fiscal year 1997: (B) Outlays, ¥$7,000,000,000. (3) The House Committee on Commerce (A) New budget authority, $13,655,000,000. (C) New direct loan obligations, $0. shall report changes in laws within its juris- (B) Outlays, $13,362,000,000. (D) New primary loan guarantee commit- diction that provide direct spending suffi- (C) New direct loan obligations, $0. ments $0. cient to reduce outlays, as follows: (D) New primary loan guarantee commit- Fiscal year 2000: $10,717,000,000 in outlays for fiscal year 1997, ments $0. (A) New budget authority, ¥$8,500,000,000. $158,844,000,000 in outlays in fiscal years 1997 Fiscal year 1998: (B) Outlays, ¥$8,500,000,000. through 2001, and $226,598,000,000 in outlays (A) New budget authority, $13,661,000,000. (C) New direct loan obligations, $0. in fiscal years 1997 through 2002. (B) Outlays, $13,522,000,000. (D) New primary loan guarantee commit- (4) The House Committee on Economic and (C) New direct loan obligations, $0. ments $0. Educational Opportunities shall report (D) New primary loan guarantee commit- Fiscal year 2001: changes in laws within its jurisdiction that ments $0. (A) New budget authority, ¥$9,000,000,000. provide direct spending sufficient to reduce Fiscal year 1999: (B) Outlays, ¥$9,000,000,000. outlays, as follows: $220,000,000 in outlays for (A) New budget authority, $13,311,000,000. (C) New direct loan obligations, $0. fiscal year 1997, $2,454,000,000 in outlays in (B) Outlays, $13,299,000,000. (D) New primary loan guarantee commit- fiscal years 1997 through 2001, and (C) New direct loan obligations, $0. ments $0. $3,198,000,000 in outlays in fiscal years 1997 (D) New primary loan guarantee commit- Fiscal year 2002: through 2002. ments $0. (A) New budget authority, ¥$9,500,000,000. (5) The House Committee on Government Fiscal year 2000: (B) Outlays, ¥$9,500,000,000. Reform and Oversight shall report changes (A) New budget authority, $13,149,000,000. (C) New direct loan obligations, $0. in laws within its jurisdiction that provide (B) Outlays, $13,346,000,000. (D) New primary loan guarantee commit- direct spending sufficient to reduce outlays, (C) New direct loan obligations, $0. ments $0. as follows: $2,600,000,000 in outlays for fiscal (D) New primary loan guarantee commit- (20) Undistributed Offsetting Receipts (950): year 1997, $40,278,000,000 in outlays in fiscal ments $0. Fiscal year 1997: years 1997 through 2001, and $50,900,000,000 in Fiscal year 2001: (A) New budget authority, ¥$43,258,000,000. outlays in fiscal years 1997 through 2002. (A) New budget authority, $13,086,000,000. (B) Outlays, ¥$43,258,000,000. (6) The House Committee on the Judiciary (B) Outlays, $13,046,000,000. (C) New direct loan obligations, shall report changes in laws within its juris- (C) New direct loan obligations, $0. $7,900,000,000. diction that provide direct spending suffi- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- cient to reduce outlays, as follows: $0 in out- ments $0. ments $0. lays for fiscal year 1997, $357,000,000 in out- Fiscal year 2002: Fiscal year 1998: lays in fiscal years 1997 through 2001, and (A) New budget authority, $13,147,000,000. (A) New budget authority, ¥$34,878,000,000. $476,000,000 in outlays in fiscal years 1997 (B) Outlays, $13,104,000,000. (B) Outlays, ¥$34,878,000,000. through 2002. (C) New direct loan obligations, $0. (C) New direct loan obligations, (7) The House Committee on National Se- (D) New primary loan guarantee commit- $1,350,000,000. curity shall report changes in laws within its ments $0. (D) New primary loan guarantee commit- jurisdiction that provide direct spending suf- (18) Net Interest (900): ments $0. ficient to reduce outlays, as follows: Fiscal year 1997: Fiscal year 1999: $84,000,000 in outlays for fiscal year 1997, (A) New budget authority, $282,011,000,000. (A) New budget authority, ¥$33,685,000,000. $493,000,000 in outlays in fiscal years 1997 (B) Outlays, $281,971,000,000. through 2001, and $649,000,000 in outlays in (C) New direct loan obligations, $0. (B) Outlays, ¥$33,685,000,000. (C) New direct loan obligations, $0. fiscal years 1997 through 2002. (D) New primary loan guarantee commit- (8) The House Committee on Resources (D) New primary loan guarantee commit- ments $0. shall report changes in laws within its juris- ments $0. Fiscal year 1998: diction that provide direct spending suffi- Fiscal year 2000: (A) New budget authority, $287,083,000,000. cient to reduce outlays, as follows: $74,000,000 (A) New budget authority, ¥$35,974,000,000. (B) Outlays, $286,933,000,000. in outlays for fiscal year 1997, $308,000,000 in (B) Outlays, ¥$35,974,000,000. (C) New direct loan obligations, $0. outlays in fiscal years 1997 through 2001, and (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- $332,000,000 in outlays in fiscal years 1997 (D) New primary loan guarantee commit- ments $0. through 2002. ments $0. Fiscal year 1999: (9) The House Committee on Transpor- Fiscal year 2001: (A) New budget authority, $289,332,000,000. tation and Infrastructure shall report (A) New budget authority, $37,759,000,000. (B) Outlays, $289,032,000,000. ¥ changes in laws within its jurisdiction that (B) Outlays, $37,759,000,000. (C) New direct loan obligations, $0. ¥ provide direct spending sufficient to reduce (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- outlays, as follows: $19,000,000 in outlays for (D) New primary loan guarantee commit- ments $0. fiscal year 1997, $810,000,000 in outlays in fis- ments $0. Fiscal year 2000: cal years 1997 through 2001, and $885,000,000 in Fiscal year 2002: (A) New budget authority, $289,637,000,000. outlays in fiscal years 1997 through 2002. (B) Outlays, $289,162,000,000. (A) New budget authority, ¥$39,435,000,000. (10) The House Committee on Veterans’ Af- (C) New direct loan obligations, $0. (B) Outlays, ¥$39,435,000,000. fairs shall report changes in laws within its (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. jurisdiction that provide direct spending suf- ments $0. (D) New primary loan guarantee commit- ficient to reduce outlays, as follows: Fiscal year 2001: ments $0. $117,000,000 in outlays for fiscal year 1997, (A) New budget authority, $292,873,000,000. SEC. 4. RECONCILIATION. $2,378,000,000 in outlays in fiscal years 1997 (B) Outlays, $292,190,000,000. (a) Not later than June 21, 1996, the House through 2001, and $3,232,000,000 in outlays in (C) New direct loan obligations, $0. committees named in subsection (b) shall fiscal years 1997 through 2002. (D) New primary loan guarantee commit- submit their recommendations to the House (11) The House Committee on Ways and ments $0. Committee on the Budget. After receiving Means shall report changes in laws within its Fiscal year 2002: those recommendations, the House Commit- jurisdiction sufficient to reduce the deficit, (A) New budget authority, $297,178,000,000. tee on the Budget shall report to the House as follows: by $14,766,000,000 in fiscal year (B) Outlays, $296,252,000,000. a reconciliation bill carrying out all such 1997, by $172,990,000,000 in fiscal years 1997 (C) New direct loan obligations, $0. recommendations without any substantive through 2001, and by $231,595,000,000 in fiscal (D) New primary loan guarantee commit- revision. years 1997 through 2002. ments $0. (b)(1) The House Committee on Agriculture (c) DEFINITION.—For purposes of this sec- (19) Allowances (920): shall report changes in laws within its juris- tion, the term ‘‘direct spending’’ has the Fiscal year 1997: diction that provide direct spending suffi- meaning given to such term in section (A) New budget authority, ¥$0. cient to reduce outlays, as follows: 250(c)(8) of the Balanced Budget and Emer- (B) Outlays, ¥$0. $2,082,000,000 in outlays for fiscal year 1997, gency Deficit Control Act of 1985. (C) New direct loan obligations, $0. $15,117,000,000 in outlays in fiscal years 1997 SEC. 5. SENSE OF CONGRESS ON DOMESTIC VIO- (D) New primary loan guarantee commit- through 2001, and $18,852,000,000 in outlays in LENCE AND FEDERAL ASSISTANCE. ments $0. fiscal years 1997 through 2002. (a) FINDINGS.—Congress finds that— Fiscal year 1998: (2) The House Committee on Banking and (1) domestic violence is the leading cause (A) New budget authority, ¥$6,000,000,000. Financial Services shall report changes in of physical injury to women; the Department (B) Outlays, ¥$6,000,000,000. laws within its jurisdiction that provide di- of Justice estimates that over one million H5178 CONGRESSIONAL RECORD — HOUSE May 15, 1996 violent crimes against women are committed SEC. 9. SENSE OF CONGRESS REGARDING TRUST (5) require States to maintain current lev- by intimate partners annually; FUND SURPLUSES. els of financial effort to preserve the current (2) domestic violence dramatically affects It is the sense of Congress that— joint Federal-State partnership in meeting the victim’s ability to participate in the (2) all recent-year Federal budgets, as well the costs of this program; workforce; a University of Minnesota survey as both fiscal year 1996 budget resolutions re- (6) continue current restrictions on the use reported that one-quarter of battered women ported out by the Committees on the Budget of provider taxes and donations and other il- surveyed had lost a job partly because of of the House of Representatives and the Sen- lusory State financing schemes; being abused and that over half of these ate, have masked the magnitude of annual (7) continue Federal minimum standards women had been harassed by their abuser at deficits by counting various trust fund sur- for nursing homes; work; pluses; and (8) continue Federal rules that prevent (3) domestic violence is often intensified as (2) upon reaching a balance in the Federal wives or husbands from being required to im- women seek to gain economic independence budget, the Government should move toward poverish themselves in order to obtain and through attending school or training pro- balance without consideration of trust fund keep medicaid benefits for their spouse re- grams; batterers have been reported to pre- surpluses. quiring nursing home care; and vent women from attending these programs SEC. 10. SENSE OF CONGRESS REGARDING BAL- (9) continue coverage of medicaid pre- or sabotage their efforts at self-improve- ANCED BUDGET ENFORCEMENT. miums and cost sharing for low-income sen- ment; It is the sense of Congress that, in order to iors. ensure that a balanced budget is achieved by (4) nationwide surveys of service providers SEC. 13. SENSE OF CONGRESS REGARDING WEL- prepared by the Taylor Institute of Chicago, fiscal year 2002 and that the budget remains FARE REFORM. in balance thereafter, title XIV of H.R. 2530 document, for the first time, the inter- It is the sense of Congress that any legisla- establishing strict budget enforcement relationship between domestic violence and tion reforming welfare programs pursuant to mechanisms should be enacted. Such lan- welfare by showing that between 50 percent this resolution should— guage would— and 80 percent of AFDC recipients are cur- (1) impose tough work requirements on (1) require the Federal Government to rent or past victims of domestic violence; able-bodied recipients; reach a balanced Federal budget by fiscal (5) over half of the women surveyed stayed (2) provide sufficient resources for job year 2002 and remain in balance thereafter; with their batterers because they lacked the training, child care, and other programs nec- (2) establish procedures for developing hon- resources to support themselves and their essary to help welfare recipients make the est, accurate, and accepted budget estimates; children; the surveys also found that the transition from welfare to work; (3) require that the President propose an- availability of economic support is a critical (3) require States to maintain levels of fi- nual budgets that would achieve a balanced factor in poor women’s ability to leave abu- nancial support sufficient to operate an ef- Federal budget by fiscal year 2002 and for sive situations that threaten them and their fective program; each year thereafter, using accurate assump- children; and (4) contain effective counter-cyclical tions; (6) proposals to restructure the welfare mechanisms to assist States facing economic (4) require the Committees on the Budget programs may impact the availability of the downturns or increases in population; of the House of Representatives and the Sen- economic support and the safety net nec- (5) include provisions holding States ac- ate to report budget resolutions that achieve essary to enable poor women to flee abuse countable for the use of Federal funds and a balanced Federal budget by fiscal year 2002 without risking homelessness and starvation the effectiveness of State programs; and for each year thereafter, using accurate for their families. (6) contain strong child support provisions; assumptions; and (b) SENSE OF CONGRESS.—It is the sense of and (5) require Congress and the President to Congress that— (7) maintain the integrity of the food take action if the deficit targets in this reso- (1) no welfare reform provision shall be en- stamp program as a national safety net. acted by Congress unless and until Congress lution are not met. H. CON. RES. 178 considers whether such welfare reform provi- SEC. 11. SENSE OF CONGRESS REGARDING MEDI- sions will exacerbate violence against CARE REFORM. OFFERED BY: MR. PAYNE OF NEW JERSEY women and their children, further endanger It is the sense of Congress that any legisla- (Amendment in the Nature of a Substitute) tion reforming medicare should reflect the women’s lives, make it more difficult for AMENDMENT NO. 2: Strike all after the re- policies and distribution of savings con- women to escape domestic violence, or fur- tained in H.R. 2530. Specifically, that legisla- solving clause and insert the following: ther punish women victimized by violence; tion should— SECTION 1. CONCURRENT RESOLUTION ON THE and (1) reform policies for medicare risk con- BUDGET FOR FISCAL YEAR 1997. (2) any welfare reform measure enacted by tracting to expand the choice of private op- The Congress determines and declares that Congress shall require that any welfare-to- tions available to all medicare beneficiaries, the concurrent resolution on the budget for work, education, or job placement programs including individuals in rural areas; fiscal year 1997 is hereby established and implemented by the States will address the (2) contain regulatory reforms to facilitate that the appropriate budgetary levels for fis- impact of domestic violence on welfare re- the creation of provider-sponsored networks; cal years 1998 through 2002 are hereby set cipients. (3) contain reasonable reductions in the forth. SEC. 6. SENSE OF CONGRESS ON IMPACT OF LEG- growth of payments to providers that do not SEC. 2. RECOMMENDED LEVELS AND AMOUNTS. ISLATION ON CHILDREN. threaten the availability or quality of care; The following budgetary levels are appro- (a) SENSE OF CONGRESS.—It is the sense of priate for the fiscal years 1997, 1998, 1999, Congress that Congress should not adopt or (4) require higher income medicare bene- 2000, 2001, and 2002: enact any legislation that will increase the ficiaries to pay a greater portion of medicare (1) FEDERAL REVENUES.—For purposes of number of children who are hungry, home- premiums without establishing a new bu- the enforcement of this resolution: less, poor, or medically uninsured. reaucracy for the collection of premiums; (A) The recommended levels of Federal (b) LEGISLATIVE ACCOUNTABILITY FOR IM- (5) expand coverage of preventive benefits revenues are as follows: PACT ON CHILDREN.—In the event legislation under medicare; enacted to comply with this resolution re- (6) provide a demonstration project for Fiscal year 1997: $1,140,900,000,000. sults in an increase in the number of hungry, Medical Savings Accounts for medicare bene- Fiscal year 1998: $1,216,000,000,000. homeless, poor, or medically uninsured by ficiaries; and Fiscal year 1999: $1,777,300,000,000. the end of fiscal year 1997, Congress shall re- (7) prohibit managed care plans from Fiscal year 2000: $1,345,000,000,000. visit the provisions of such legislation which charging medicare beneficiaries additional Fiscal year 2001: $1,407,900,000,000. caused such increase and shall, as soon as premiums beyond the part B premium. Fiscal year 2002: $1,483,500,000,000. practicable thereafter, adopt legislation SEC. 12. SENSE OF CONGRESS REGARDING MED- (B) The amounts by which the aggregate which would halt any continuation of such ICAID REFORM. levels of Federal revenues should be changed increase. It is the sense of Congress that any legisla- are as follows: SEC. 7. SENSE OF CONGRESS REGARDING TAX tion changing the medicaid program pursu- Fiscal year 1997: $40,500,000,000. CUTS. ant to this resolution should— Fiscal year 1998: $67,500,000,000. It is the sense of Congress that changes in (1) continue guaranteed coverage for low- Fiscal year 1999: $78,900,000,000. tax laws which promote job creation, eco- income children, pregnant women, the elder- Fiscal year 2000: $93,200,000,000. nomic growth, and increased savings and in- ly, and the disabled; Fiscal year 2001: $96,800,000,000. vestment should be enacted and be offset by (2) continue the guarantee of an adequate Fiscal year 2002: $109,700,000,000. changes which close tax loopholes and elimi- benefits package for all medicaid bene- (2) NEW BUDGET AUTHORITY.—For purposes nate corporate welfare. ficiaries; of the enforcement of this resolution, the ap- SEC. 8. SENSE OF CONGRESS REGARDING THE (3) provide States with greater flexibility propriate levels of total new budget author- DEBT. in the delivery of services and administra- ity are as follows: It is the sense of Congress that eliminating tion of the program; Fiscal year 1997: $1,338,600,000,000. the deficit by producing a balanced budget is (4) contain a financing mechanism in Fiscal year 1998: $1,400,600,000,000. only the first step toward the ultimate goal which the Federal Government fully shares Fiscal year 1999: $1,448,500,000,000. of reducing and eventually eliminating the in changes in program costs resulting from Fiscal year 2000: $1,508,000,000,000. public debt. changes in caseload; Fiscal year 2001: $1,548,700,000,000. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5179 Fiscal year 2002: $1,618,600,000,000. (B) Outlays, $216,500,000,000. (B) Outlays, $2,200,000,000. (3) BUDGET OUTLAYS.—For purposes of the (C) New direct loan obligations, $0. (C) New direct loan obligations, enforcement of this resolution, the appro- (D) New primary loan guarantee commit- $1,033,000,000. priate levels of total budget outlays are as ments $200,000,000. (D) New primary loan guarantee commit- follows: (2) International Affairs (150): ments $0. Fiscal year 1997: $1,325,000,000,000. Fiscal year 1997: Fiscal year 1998: Fiscal year 1998: $1,391,100,000,000. (A) New budget authority, $17,700,000,000. (A) New budget authority, $3,000,000,000. Fiscal year 1999: $1,436,500,000,000. (B) Outlays, $15,800,000,000. (B) Outlays, $1,800,000,000. Fiscal year 2000: $1,483,000,000,000. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 2001: $1,525,000,000,000. $4,342,000,000. $1,050,000,000. Fiscal year 2002: $1,589,200,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (4) DEFICITS.—For purposes of the enforce- ments $18,251,000,000. ments $0. ment of this resolution, the amounts of the Fiscal year 1998: Fiscal year 1999: deficits are as follows: (A) New budget authority, $18,300,000,000. (A) New budget authority, $3,300,000,000. Fiscal year 1997: $184,100,000,000. (B) Outlays, $17,500,000,000. (B) Outlays, $2,000,000,000. Fiscal year 1998: $175,100,000,000. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 1999: $159,200,000,000. $4,417,000,000. $1,078,000,000. Fiscal year 2000: $138,000,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 2001: $117,300,000,000. ments $18,628,000,000. ments $0. Fiscal year 2002: $105,700,000,000. Fiscal year 1999: Fiscal year 2000: (5) PUBLIC DEBT.—The appropriate levels of (A) New budget authority, $18,500,000,000. (A) New budget authority, $3,100,000,000. the public debt are as follows: (B) Outlays, $17,000,000,000. (B) Outlays, $1,700,000,000. Fiscal year 1997: $5,417,500,000,000. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 1998: $5,651,100,000,000. $4,518,000,000. $1,109,000,000. Fiscal year 1999: $5,864,000,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 2000: $6,058,600,000,000. ments $19,030,000,000. ments $0. Fiscal year 2001: $6,212,600,000,000. Fiscal year 2000: Fiscal year 2001: Fiscal year 2002: $6,344,300,000,000. (A) New budget authority, $22,100,000,000. (A) New budget authority, $3,300,000,000. (6) DIRECT LOAN OBLIGATIONS.—The appro- (B) Outlays, $19,600,000,000. (B) Outlays, $1,800,000,000. priate levels of total new direct loan obliga- (C) New direct loan obligations, (C) New direct loan obligations, tions are as follows: $4,618,000,000. $1,141,000,000. Fiscal year 1997: $41,432,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 1998: $39,420,000,000. ments $19,406,000,000. ments $0. Fiscal year 1999: $42,470,000,000. Fiscal year 2001: Fiscal year 2002: Fiscal year 2000: $43,895,000,000. (A) New budget authority, $22,000,000,000. (A) New budget authority, $3,000,000,000. Fiscal year 2001: $44,292,000,000. (B) Outlays, $20,000,000,000. (B) Outlays, $1,500,000,000. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 2002: $46,718,000,000. $4,739,000,000. $1,179,000,000,000. (7) PRIMARY LOAN GUARANTEE COMMIT- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- MENTS.—The appropriate levels of new pri- ments $19,858,000,000. ments $0. mary loan guarantee commitments are as Fiscal year 2002: (5) Natural Resources and Environment follows: (A) New budget authority, $22,000,000,000. (300): Fiscal year 1997: $267,340,000,000. (B) Outlays, $20,000,000,000. Fiscal year 1997: Fiscal year 1998: $266,819,000,000. (C) New direct loan obligations, (A) New budget authority, $22,500,000,000. Fiscal year 1999: $266,088,000,000. $4,891,000,000. (B) Outlays, $22,200,000,000. Fiscal year 2000: $267,079,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, $27,000,000. Fiscal year 2001: $267,982,000,000. ments $20,431,000,000. (D) New primary loan guarantee commit- Fiscal year 2002: $269,051,000,000. (3) General Science, Space, and Technology ments $0. SEC. 3. MAJOR FUNCTIONAL CATEGORIES. (250): Fiscal year 1998: The Congress determines and declares that Fiscal year 1997: (A) New budget authority, $22,800,000,000. the appropriate levels of new budget author- (A) New budget authority, $15,800,000,000. (B) Outlays, $21,900,000,000. ity, budget outlays, new direct loan obliga- (B) Outlays, $15,400,000,000. (C) New direct loan obligations, $41,000,000. tions, and new primary loan guarantee com- (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- mitments for fiscal years 1996 through 2002 (D) New primary loan guarantee commit- ments $0. for each major functional category are: ments $0. Fiscal year 1999: (1) National Defense (050): Fiscal year 1998: (A) New budget authority, $21,400,000,000. Fiscal year 1997: (A) New budget authority, $15,200,000,000. (B) Outlays, $21,400,000,000. (A) New budget authority, $240,300,000,000. (B) Outlays, $15,300,000,000. (C) New direct loan obligations, $41,000,000. (B) Outlays, $237,300,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- ments $0. (D) New primary loan guarantee commit- ments $0. Fiscal year 2000: ments $800,000,000. Fiscal year 1999: (A) New budget authority, $20,700,000,000. Fiscal year 1998: (A) New budget authority, $15,400,000,000. (B) Outlays, $20,600,000,000. (A) New budget authority, $233,300,000,000. (B) Outlays, $15,200,000,000. (C) New direct loan obligations, $41,000,000. (B) Outlays, $235,200,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- ments $0. (D) New primary loan guarantee commit- ments $0. Fiscal year 2001: ments $200,000,000. Fiscal year 2000: (A) New budget authority, $20,800,000,000. Fiscal year 1999: (A) New budget authority, $14,900,000,000. (B) Outlays, $20,500,000,000. (A) New budget authority, $227,400,000,000. (B) Outlays, $14,900,000,000. (C) New direct loan obligations, $44,000,000. (B) Outlays, $228,300,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- ments $0. (D) New primary loan guarantee commit- ments $0. Fiscal year 2002: ments $200,000,000. Fiscal year 2001: (A) New budget authority, $20,800,000,000. Fiscal year 2000: (A) New budget authority, $14,900,000,000. (B) Outlays, $20,400,000,000. (A) New budget authority, $223,400,000,000. (B) Outlays, $14,900,000,000. (C) New direct loan obligations, $44,000,000. (B) Outlays, $220,400,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- ments $0. (D) New primary loan guarantee commit- ments $0. (6) Agriculture (350): ments $200,000,000. Fiscal year 2002: Fiscal year 1997: Fiscal year 2001: (A) New budget authority, $14,900,000,000. (A) New budget authority, $12,600,000,000. (A) New budget authority, $219,500,000,000. (B) Outlays, $14,900,000,000. (B) Outlays, $10,900,000,000. (B) Outlays, $216,400,000,000. (C) New direct loan obligations, $0. (C) New direct loan obligations, (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- $7,810,000,000. (D) New primary loan guarantee commit- ments $0. (D) New primary loan guarantee commit- ments $200,000,000. (4) Energy (270): ments $5,994,000,000. Fiscal year 2002: Fiscal year 1997: Fiscal year 1998: (A) New budget authority, $219,500,000,000. (A) New budget authority, $3,300,000,000. (A) New budget authority, $11,100,000,000. H5180 CONGRESSIONAL RECORD — HOUSE May 15, 1996 (B) Outlays, $10,000,000,000. (D) New primary loan guarantee commit- (B) Outlays, $66,400,000,000. (C) New direct loan obligations, ments $0. (C) New direct loan obligations, $9,387,000,000. Fiscal year 1999: $21,781,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $43,900,000,000. (D) New primary loan guarantee commit- ments $6,765,000,000. (B) Outlays, $36,800,000,000. ments $13,854,000,000. Fiscal year 1999: (C) New direct loan obligations, $16,000,000. Fiscal year 2000: (A) New budget authority, $10,900,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $70,500,000,000. (B) Outlays, $8,800,000,000. ments $0. (B) Outlays, $68,700,000,000. (C) New direct loan obligations, Fiscal year 2000: (C) New direct loan obligations, $10,808,000,000. (A) New budget authority, $44,600,000,000. $22,884,000,000. (D) New primary loan guarantee commit- (B) Outlays, $33,900,000,000. (D) New primary loan guarantee commit- ments $6,836,000,000. (C) New direct loan obligations, $17,000,000. ments $14,589,000,000. Fiscal year 2000: (D) New primary loan guarantee commit- Fiscal year 2001: (A) New budget authority, $10,200,000,000. ments $0. (A) New budget authority, $71,800,000,000. (B) Outlays, $8,300,000,000. Fiscal year 2001: (B) Outlays, $69,700,000,000. (C) New direct loan obligations, (A) New budget authority, $45,300,000,000. (C) New direct loan obligations, $10,825,000,000. (B) Outlays, $33,800,000,000. $23,978,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, $17,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $15,319,000,000. ments $6,909,000,000. ments $0. Fiscal year 2002: Fiscal year 2001: Fiscal year 2002: (A) New budget authority, $73,000,000,000. (A) New budget authority, $8,800,000,000. (A) New budget authority, $46,100,000,000. (B) Outlays, $71,100,000,000. (B) Outlays, $7,100,000,000. (B) Outlays, $33,700,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (C) New direct loan obligations, $18,000,000. $25,127,000,000. $10,708,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $0. ments $16,085,000,000. ments $6,983,000,000. (9) Community and Regional Development (11) Health (550): Fiscal year 2002: (450): Fiscal year 1997: (A) New budget authority, $8,700,000,000. Fiscal year 1997: (A) New budget authority, $140,900,000,000. (B) Outlays, $6,100,000,000. (A) New budget authority, $11,000,000,000. (B) Outlays, $140,300,000,000. (C) New direct loan obligations, (B) Outlays, $11,200,000,000. (C) New direct loan obligations, $0. $10,706,000,000. (C) New direct loan obligations, (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- $1,230,000,000. ments $187,000,000. ments $7,060,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: (7) Commerce and Housing Credit (370): ments $2,187,000,000. (A) New budget authority, $154,200,000,000. Fiscal year 1997: Fiscal year 1998: (B) Outlays, $153,700,000,000. (A) New budget authority, $8,400,000,000. (A) New budget authority, $11,500,000,000. (C) New direct loan obligations, $0. (B) Outlays, $1,300,000,000. (B) Outlays, $11,800,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, (C) New direct loan obligations, ments $94,000,000. $1,910,000,000. $1,257,000,000. Fiscal year 1999: (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (A) New budget authority, $168,300,000,000. ments $198,096,000,000. ments $2,229,000,000. (B) Outlays, $167,700,000,000. Fiscal year 1998: Fiscal year 1999: (C) New direct loan obligations, $0. (A) New budget authority, $10,200,000,000. (A) New budget authority, $2,000,000,000. (D) New primary loan guarantee commit- (B) Outlays, $5,700,000,000. (B) Outlays, $12,200,000,000. ments $0. (C) New direct loan obligations, (C) New direct loan obligations, Fiscal year 2000: $1,900,000,000. $1,287,000,000. (A) New budget authority, $183,000,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $182,300,000,000. ments $198,218,000,000. ments $2,315,000,000. (C) New direct loan obligations, $0. Fiscal year 1999: Fiscal year 2000: (D) New primary loan guarantee commit- (A) New budget authority, $11,000,000,000. (A) New budget authority, $12,500,000,000. ments $0. (B) Outlays, $6,000,000,000. (B) Outlays, $12,700,000,000. Fiscal year 2001: (C) New direct loan obligations, (C) New direct loan obligations, (A) New budget authority, $198,800,000,000. $1,954,000,000. $1,365,000,000. (B) Outlays, $198,000,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. ments $198,427,000,000. ments $2,369,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: Fiscal year 2001: ments $0. (A) New budget authority, $12,900,000,000. (A) New budget authority, $13,700,000,000. Fiscal year 2002: (B) Outlays, $7,100,000,000. (B) Outlays, $13,100,000,000. (A) New budget authority, $215,500,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (B) Outlays, $214,700,000,000. $2,015,000,000. $1,404,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $198,723,000,000. ments $2,448,000,000. ments $0. Fiscal year 2001: Fiscal year 2002: (12) Medicare (570): (A) New budget authority, $12,400,000,000. (A) New budget authority, $13,700,000,000. Fiscal year 1997: (B) Outlays, $7,600,00,000. (B) Outlays, $13,300,000,000. (A) New budget authority, $199,800,000,000. (C) New direct loan obligations, (C) New direct loan obligations, (B) Outlays, $198,700,000,000. $2,072,000,000. $1,430,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- ments $198,876,000,000. ments $2,496,000,000. ments $0. Fiscal year 2002: (10) Education, Training, Employment, and Fiscal year 1998: (A) New budget authority, $12,700,000,000. Social Services (500): (A) New budget authority, $218,800,000,000. (B) Outlays, $8,200,000,000. Fiscal year 1997: (B) Outlays, $217,100,000,000. (C) New direct loan obligations, (A) New budget authority, $62,900,000,000. (C) New direct loan obligations, $0. $2,134,000,000. (B) Outlays, $61,800,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (C) New direct loan obligations, ments $0. ments $199,111,000,000. $16,219,000,000. Fiscal year 1999: (8) Transportation (400): (D) New primary loan guarantee commit- (A) New budget authority, $239,200,000,000. Fiscal year 1997: ments $15,469,000,000. (B) Outlays, $236,900,000,000. (A) New budget authority, $42,300,000,000. Fiscal year 1998: (C) New direct loan obligations, $0. (B) Outlays, $39,000,000,000. (A) New budget authority, $64,900,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, $15,000,000. (B) Outlays, $63,700,000,000. ments $0. (D) New primary loan guarantee commit- (C) New direct loan obligations, Fiscal year 2000: ments $0. $69,700,000,000. (A) New budget authority, $259,700,000,000. Fiscal year 1998: (D) New primary loan guarantee commit- (B) Outlays, $258,000,000,000. (A) New budget authority, $43,300,000,000. ments $14,760,000,000. (C) New direct loan obligations, $0. (B) Outlays, $38,100,000,000. Fiscal year 1999: (D) New primary loan guarantee commit- (C) New direct loan obligations, $16,000,000. (A) New budget authority, $68,200,000,000. ments $0. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5181 Fiscal year 2001: (A) New budget authority, $39,600,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $282,500,000,000. (B) Outlays, $40,300,000,000. ments $0. (B) Outlays, $780,700,000,000. (C) New direct loan obligations, Fiscal year 1999: (C) New direct loan obligations, $0. $935,000,000. (A) New budget authority, $14,700,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $14,500,000,000. ments $0. ments $26,362,000,000. (C) New direct loan obligations, $0. Fiscal year 2002: Fiscal year 1998: (D) New primary loan guarantee commit- (A) New budget authority, $307,500,000,000. (A) New budget authority, $40,200,000,000. ments $0. (B) Outlays, $305,000,000,000. (B) Outlays, $40,500,000,000. Fiscal year 2000: (C) New direct loan obligations, $0. (C) New direct loan obligations, $982,000. (A) New budget authority, $14,700,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $14,600,000,000. ments $0. ments $25,925,000,000. (C) New direct loan obligations, $0. (13) Income Security (600): Fiscal year 1999: (D) New primary loan guarantee commit- Fiscal year 1997: (A) New budget authority, $42,100,000,000. ments $0. (A) New budget authority, $236,700,000,000. (B) Outlays, $42,200,000,000. Fiscal year 2001: (B) Outlays, $244,300,000,000. (C) New direct loan obligations, (A) New budget authority, $15,100,000,000. (C) New direct loan obligations, $0. $987,000,000. (B) Outlays, $14,500,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. ments $0. ments $25,426,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: Fiscal year 2000: ments $0. (A) New budget authority, $253,700,000,000. (A) New budget authority, $43,100,000,000. Fiscal year 2002: (B) Outlays, $255,700,000,000. (B) Outlays, $44,700,000,000. (A) New budget authority, $15,400,000,000. (C) New direct loan obligations, $0. (C) New direct loan obligations, (B) Outlays, $15,100,000,000. (D) New primary loan guarantee commit- $1,021,000,000. (C) New direct loan obligations, $0. ments $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 1999: ments $24,883,000,000. ments $0. (A) New budget authority, $261,400,000,000. Fiscal year 2001: (18) Net Interest (900): (B) Outlays, $267,300,000,000. (A) New budget authority, $44,000,000,000. Fiscal year 1997: (C) New direct loan obligations, $0. (B) Outlays, $42,800,000,000. (A) New budget authority, $281,400,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, (B) Outlays, $281,400,000,000. ments $0. $1,189,000,000. (C) New direct loan obligations, $0. Fiscal year 2000: (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (A) New budget authority, $282,000,000,000. ments $24,298,000,000. ments $0. (B) Outlays, $281,400,000,000. Fiscal year 2002: Fiscal year 1998: (C) New direct loan obligations, $0. (A) New budget authority, $45,100,000,000. (A) New budget authority, $285,600,000,000. (D) New primary loan guarantee commit- (B) Outlays, $45,400,000,000. (B) Outlays, $285,600,000,000. ments $0. (C) New direct loan obligations, (C) New direct loan obligations, $0. Fiscal year 2001: $1,194,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $283,200,000,000. (D) New primary loan guarantee commit- ments $0. (B) Outlays, $287,200,000,000. ments $23,668,000,000. Fiscal year 1999: (C) New direct loan obligations, $0. (16) Administration of Justice (750): (A) New budget authority, $287,300,000,000. (D) New primary loan guarantee commit- Fiscal year 1997: (B) Outlays, $287,300,000,000. ments $0. (A) New budget authority, $23,400,000,000. (C) New direct loan obligations, $0. Fiscal year 2002: (B) Outlays, $21,200,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $305,200,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $302,400,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $286,800,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: (B) Outlays, $286,800,000,000. ments $0. (A) New budget authority, $24,500,000,000. (C) New direct loan obligations, $0. (14) Social Security (650): (B) Outlays, $24,300,000,000. (D) New primary loan guarantee commit- Fiscal year 1997: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $7,800,000,000. (D) New primary loan guarantee commit- Fiscal year 2001: (B) Outlays, $11,100,000,000. ments $0. (A) New budget authority, $289,500,000,000. (C) New direct loan obligations, $0. Fiscal year 1999: (B) Outlays, $289,500,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $25,400,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $24,800,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $8,500,000,000. (D) New primary loan guarantee commit- Fiscal year 2002: (B) Outlays, $11,900,000,000. ments $0. (A) New budget authority, $293,500,000,000. (C) New direct loan obligations, $0. Fiscal year 2000: (B) Outlays, $293,500,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $25,500,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $25,400,000,000. (D) New primary loan guarantee commit- Fiscal year 1999: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, $9,200,000,000. (D) New primary loan guarantee commit- (19) Allowances (920): (B) Outlays, $12,700,000,000. ments $0. Fiscal year 1997: (C) New direct loan obligations, $0. Fiscal year 2001: (A) New budget authority, ¥$0. (D) New primary loan guarantee commit- (A) New budget authority, $24,700,000,000. (B) Outlays, ¥$0. ments $0. (B) Outlays, $25,600,000,000. (C) New direct loan obligations, $0. Fiscal year 2000: (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (A) New budget authority, $10,000,000,000. (D) New primary loan guarantee commit- ments $0. (B) Outlays, $13,600,000,000. ments $0. Fiscal year 1998: (C) New direct loan obligations, $0. Fiscal year 2002: (A) New budget authority, ¥$0. (D) New primary loan guarantee commit- (A) New budget authority, $24,100,000,000. (B) Outlays, ¥$0. ments $0. (B) Outlays, $24,900,000,000. (C) New direct loan obligations, $0. Fiscal year 2001: (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (A) New budget authority, $10,800,000,000. (D) New primary loan guarantee commit- ments $0. (B) Outlays, $14,500,000,000. ments $0. Fiscal year 1999: (C) New direct loan obligations, $0. (17) General Government (800): (A) New budget authority, ¥$0. (D) New primary loan guarantee commit- Fiscal year 1997: (B) Outlays, ¥$0. ments $0. (A) New budget authority, $15,300,000,000. (C) New direct loan obligations, $0. Fiscal year 2002: (B) Outlays, $14,600,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $11,600,000,000. (C) New direct loan obligations, $0. ments $0. (B) Outlays, $15,400,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: (C) New direct loan obligations, $0. ments $0. (A) New budget authority, ¥$0. (D) New primary loan guarantee commit- Fiscal year 1998: (B) Outlays, ¥$0. ments $0. (A) New budget authority, $14,900,000,000. (C) New direct loan obligations, $0. (15) Veterans Benefits and Services (700): (B) Outlays, $14,600,000,000. (D) New primary loan guarantee commit- Fiscal year 1997: (C) New direct loan obligations, $0. ments $0. H5182 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Fiscal year 2001: document, for the first time, the inter- Fiscal year 1999: ¥$2,741,000,000. (A) New budget authority, ¥$0. relationship between domestic violence and Fiscal year 2000: ¥$7,219,000,000. (B) Outlays, ¥$0. welfare by showing that between 50 percent Fiscal year 2001: ¥$1,721,000,000. (C) New direct loan obligations, $0. and 80 percent of AFDC recipients are cur- Fiscal year 2002: $16,024,000,000. (D) New primary loan guarantee commit- rent or past victims of domestic violence; (2) NEW BUDGET AUTHORITY.—For purposes ments $0. (5) over half of the women surveyed stayed of the enforcement of this resolution, the ap- Fiscal year 2002: with their batterers because they lacked the propriate levels of total new budget author- (A) New budget authority, ¥$0. resources to support themselves and their ity are as follows: (B) Outlays, ¥$0. children; the surveys also found that the Fiscal year 1997: $1,325,000,000,000. (C) New direct loan obligations, $0. availability of economic support is a critical Fiscal year 1998: $1,374,600,000,000. (D) New primary loan guarantee commit- factor in poor women’s ability to leave abu- Fiscal year 1999: $1,413,100,000,000. ments $0. sive situations that threaten them and their Fiscal year 2000: $1,454,700,000,000. (20) Undistributed Offsetting Receipts (950): children; and Fiscal year 2001: $1,496,300,000,000. Fiscal year 1997: (6) proposals to restructure the welfare Fiscal year 2002: $1,528,300,000,000. (A) New budget authority, ¥$43,300,000,000. programs may impact the availability of the (3) BUDGET OUTLAYS.—For purposes of the (B) Outlays, ¥$43,300,000,000. economic support and the safety net nec- enforcement of this resolution, the appro- (C) New direct loan obligations, essary to enable poor women to flee abuse priate levels of total budget outlays are as $7,900,000,000. without risking homelessness and starvation follows: (D) New primary loan guarantee commit- for their families. Fiscal year 1997: $1,321,000,000,000. ments $0. (b) SENSE OF CONGRESS.—It is the sense of Fiscal year 1998: $1,375,700,000,000. Fiscal year 1998: Congress that— Fiscal year 1999: $1,408,100,000,000. (A) New budget authority, ¥$33,500,000,000. (1) no welfare reform provision shall be en- Fiscal year 2000: $1,447,200,000,000. (B) Outlays, ¥$33,500,000,000. acted by Congress unless and until Congress Fiscal year 2001: $1,466,100,000,000. (C) New direct loan obligations, considers whether such welfare reform provi- Fiscal year 2002: $1,498,400,000,000. $8,838,000,000. sions will exacerbate violence against (4) DEFICITS.—For purposes of the enforce- (D) New primary loan guarantee commit- women and their children, further endanger ment of this resolution, the amounts of the ments $8,838,000,000. women’s lives, make it more difficult for deficits are as follows: Fiscal year 1999: women to escape domestic violence, or fur- Fiscal year 1997: $228,500,000,000. (A) New budget authority, ¥$31,100,000,000. ther punish women victimized by violence; Fiscal year 1998: $229,300,000,000. (B) Outlays, ¥$31,100,000,000. and Fiscal year 1999: $212,400,000,000. (C) New direct loan obligations, $0. (2) any welfare reform measure enacted by Fiscal year 2000: $202,600,000,000. (D) New primary loan guarantee commit- Congress shall require that any welfare-to- Fiscal year 2001: $156,700,000,000. ments $0. work, education, or job placement programs Fiscal year 2002: $108,500,000,000. Fiscal year 2000: implemented by the States will address the (5) PUBLIC DEBT.—The appropriate levels of (A) New budget authority, ¥$3,600,000,000. impact of domestic violence on welfare re- the public debt are as follows: (B) Outlays, ¥$3,600,000,000. cipients. Fiscal year 1997: $5,441,500,000,000. (C) New direct loan obligations, $0. SEC. 6. SENSE OF CONGRESS ON IMPACT OF LEG- Fiscal year 1998: $5,713,700,000,000. (D) New primary loan guarantee commit- ISLATION ON CHILDREN. Fiscal year 1999: $5,964,900,000,000. ments $0. (a) SENSE OF CONGRESS.—It is the sense of Fiscal year 2000: $6,204,600,000,000. Fiscal year 2001: Congress that Congress should not adopt or Fiscal year 2001: $6,395,300,000,000. (A) New budget authority, ¥$32,600,000,000. enact any legislation that will increase the Fiscal year 2002: $6,542,900,000,000. (B) Outlays, ¥$32,600,000,000. number of children who are hungry, home- (6) DIRECT LOAN OBLIGATIONS.—The appro- (C) New direct loan obligations, $0. less, poor, or medically uninsured. priate levels of total new direct loan obliga- (D) New primary loan guarantee commit- (b) LEGISLATIVE ACCOUNTABILITY FOR IM- tions are as follows: ments $0. PACT ON CHILDREN.—In the event legislation Fiscal year 1997: $45,451,000,000. Fiscal year 2002: enacted to comply with this resolution re- (7) PRIMARY LOAN GUARANTEE COMMIT- (A) New budget authority, ¥$33,800,000,000. sults in an increase in the number of hungry, MENTS.—The appropriate levels of new pri- (B) Outlays, ¥$33,800,000,000. homeless, poor, or medically uninsured by mary loan guarantee commitments are as (C) New direct loan obligations, $0. the end of fiscal year 1997, Congress shall re- follows: (D) New primary loan guarantee commit- visit the provisions of such legislation which Fiscal year 1997: $172,005,000,000. ments $0. caused such increase and shall, as soon as SEC. 3. MAJOR FUNCTIONAL CATEGORIES. SEC. 4. RECONCILIATION. practicable thereafter, adopt legislation The Congress determines and declares that (a) Not later than June 21, 1996, the House which would halt any continuation of such the appropriate levels of new budget author- committee named in subsection (b) shall re- increase. ity, budget outlays, new direct loan obliga- port its recommendations to the House. H. CON. RES. 178 tions, and new primary loan guarantee com- (b) The House Committee on Ways and OFFERED BY: MR. SABO mitments for fiscal years 1996 through 2002 Means shall report changes in laws within its for each major functional category are: (Amendment in the Nature of a Substitute) jurisdiction sufficient to increase revenues (1) National Defense (050): by $40,500,000,000 in fiscal year 1997, by AMENDMENT NO. 3: Strike all after the resolv- Fiscal year 1997: $377,000,000,000 in fiscal years 1997 through ing clause and insert the following: (A) New budget authority, $254,300,000,000. 2001, and by $486,600,000,000 in fiscal years SECTION 1. CONCURRENT RESOLUTION ON THE (B) Outlays, $260,800,000,000. 1997 through 2002. BUDGET FOR FISCAL YEAR 1997. (C) New direct loan obligations, $0. SEC. 5. SENSE OF CONGRESS ON DOMESTIC VIO- The Congress determines and declares that (D) New primary loan guarantee commit- LENCE AND FEDERAL ASSISTANCE. the concurrent resolution on the budget for ments $229,000,000. (a) FINDINGS.—Congress finds that— fiscal year 1997 is hereby established and Fiscal year 1998: (1) domestic violence is the leading cause that the appropriate budgetary levels for fis- (A) New budget authority, $258,500,000,000. of physical injury to women; the Department cal years 1998 through 2002 are hereby set (B) Outlays, $256,300,000,000. of Justice estimates that over one million forth. Fiscal year 1999: violent crimes against women are committed SEC. 2. RECOMMENDED LEVELS AND AMOUNTS. (A) New budget authority, $263,800,000,000. by intimate partners annually; The following budgetary levels are appro- (B) Outlays, $257,800,000,000. (2) domestic violence dramatically affects priate for the fiscal years 1997, 1998, 1999, Fiscal year 2000: the victim’s ability to participate in the 2000, 2001, and 2002: (A) New budget authority, $270,300,000,000. workforce; a University of Minnesota survey (1) FEDERAL REVENUES.—For purposes of (B) Outlays, $263,300,000,000. reported that one-quarter of battered women the enforcement of this resolution: Fiscal year 2001: surveyed had lost a job partly because of (A) The recommended levels of Federal (A) New budget authority, $279,400,000,000. being abused and that over half of these revenues are as follows: (B) Outlays, $266,600,000,000. women had been harassed by their abuser at Fiscal year 1997: $1,092,400,000,000. Fiscal year 2002: work; Fiscal year 1998: $1,146,400,000,000. (A) New budget authority, $287,800,000,000. (3) domestic violence is often intensified as Fiscal year 1999: $1,195,600,000,000. (B) Outlays, $278,200,000,000. women seek to gain economic independence Fiscal year 2000: $1,244,600,000,000. (2) International Affairs (150): through attending school or training pro- Fiscal year 2001: $1,309,400,000,000. Fiscal year 1997: grams; batterers have been reported to pre- Fiscal year 2002: $1,389,900,000,000. (A) New budget authority, $15,300,000,000. vent women from attending these programs (B) The amounts by which the aggregate (B) Outlays, $15,700,000,000. or sabotage their efforts at self-improve- levels of Federal revenues should be changed (C) New direct loan obligations, ment; are as follows: $4,067,000,000. (4) nationwide surveys of service providers Fiscal year 1997: ¥$7,929,000,000. (D) New primary loan guarantee commit- prepared by the Taylor Institute of Chicago, Fiscal year 1998: ¥$2,150,000,000. ments $18,624,000,000. May 15, 1996 CONGRESSIONAL RECORD — HOUSE H5183 Fiscal year 1998: (C) New direct loan obligations, (B) Outlays, $8,300,000,000. (A) New budget authority, $14,500,000,000. $7,605,000,000. (10) Education, Training, Employment, and (B) Outlays, $14,900,000,000. (D) New primary loan guarantee commit- Social Services (500): Fiscal year 1999: ments, $8,150,000,000. Fiscal year 1997: (A) New budget authority, $13,900,000,000. Fiscal year 1998: (A) New budget authority, $53,300,000,000. (B) Outlays, $14,500,000,000. (A) New budget authority, $12,600,000,000. (B) Outlays, $51,300,000,000. Fiscal year 2000: (B) Outlays, $10,700,000,000. (C) New direct loan obligations, (A) New budget authority, $14,300,000,00. Fiscal year 1999: $21,770,000,000. (B) Outlays, $13,600,000,000. (A) New budget authority, $12,100,000,000. (D) New primary loan guarantee commit- Fiscal year 2001: (B) Outlays, $10,200,000,000. ments $19,114,000,000. (A) New budget authority, $15,600,000,000. Fiscal year 2000: Fiscal year 1998: (B) Outlays, $14,100,000,000. (A) New budget authority, $11,200,000,000. (A) New budget authority, $54,500,000,000. Fiscal year 2002: (B) Outlays, $9,400,000,000. (B) Outlays, $53,700,000,000. (A) New budget authority, $17,100,000,000. Fiscal year 2001: Fiscal year 1999: (B) Outlays, $14,900,000,000. (A) New budget authority, $10,600,000,000. (A) New budget authority, $56,300,000,000. (3) General Science, Space, and Technology (B) Outlays, $8,700,000,000. (B) Outlays, $55,000,000,000. (250): Fiscal year 2002: Fiscal year 2000: Fiscal year 1997: (A) New budget authority, $10,800,000,000. (A) New budget authority, $58,000,000,000. (A) New budget authority, $17,900,000,000. (B) Outlays, $8,900,000,000. (B) Outlays, $56,700,000,000. (B) Outlays, $16,900,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2001: (C) New direct loan obligations, $0. Fiscal year 1997: (A) New budget authority, $60,700,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $8,600,000,000. (B) Outlays, $58,900,000,000. ments $0. (B) Outlays, $1,900,000,000. Fiscal year 2002: Fiscal year 1998: (C) New direct loan obligations, (A) New budget authority, $63,400,000,000. (A) New budget authority, $16,100,000,000. $5,536,000,000. (B) Outlays, $61,400,000,000. (B) Outlays, $16,600,000,000. (D) New primary loan guarantee commit- (11) Health (550): Fiscal year 1999: ments $97,707,000,000. Fiscal year 1997: (A) New budget authority, $15,300,000,000. Fiscal year 1998: (A) New budget authority, $136,900,000,000. (B) Outlays, $16,000,000,000. (A) New budget authority, $10,300,000,000. (B) Outlays, $136,300,000,000. Fiscal year 2000: (B) Outlays, $6,500,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $14,600,000,000. Fiscal year 1999: (D) New primary loan guarantee commit- (B) Outlays, $15,100,000,000. (A) New budget authority, $11,200,000,000. ments $140,000,000. Fiscal year 2001: (B) Outlays, $6,800,000,000. Fiscal year 1998: (A) New budget authority, $15,800,000,000. Fiscal year 2000: (A) New budget authority, $144,400,000,000. (B) Outlays, $15,500,000,000. (A) New budget authority, $12,900,000,000. (B) Outlays, $144,800,000,000. Fiscal year 2002: (B) Outlays, $8,100,000,000. Fiscal year 1999: (A) New budget authority, $17,200,000,000. Fiscal year 2001: (A) New budget authority, $151,200,000,000. (B) Outlays, $16,600,000,000. (A) New budget authority, $12,100,000,000. (B) Outlays, $151,700,000,000. (4) Energy (270): (B) Outlays, $8,200,000,000. Fiscal year 2000: Fiscal year 1997: Fiscal year 2002: (A) New budget authority, $158,800,000,000. (A) New budget authority, $3,200,000,000. (A) New budget authority, $12,800,000,000. (B) Outlays, $159,100,000,000. (B) Outlays, $3,100,000,000. (B) Outlays, $8,500,000,000. Fiscal year 2001: (C) New direct loan obligations, (8) Transportation (400): (A) New budget authority, $164,900,000,000. $1,620,000,000. Fiscal year 1997: (B) Outlays, $163,900,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $42,200,000,000. Fiscal year 2002: ments, $0. (B) Outlays, $39,600,000,000. (A) New budget authority, $176,100,000,000. Fiscal year 1998: (C) New direct loan obligations, (B) Outlays, $174,600,000,000. (A) New budget authority, $3,700,000,000. $415,000,000. (12) Medicare (570): (B) Outlays, $2,700,000,000. (D) New primary loan guarantee commit- Fiscal year 1997: Fiscal year 1999: ments $571,000,000. (A) New budget authority, $193,100,000,000. (A) New budget authority, $3,000,000,000. Fiscal year 1998: (B) Outlays, $191,400,000,000. (B) Outlays, $2,300,000,000. (A) New budget authority, $36,200,000,000. (C) New direct loan obligations, $0. Fiscal year 2000: (B) Outlays, $38,600,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $2,700,000,000. Fiscal year 1999: ments $0. (B) Outlays, $1,900,000,000. (A) New budget authority, $33,200,000,000. Fiscal year 1998: Fiscal year 2001: (B) Outlays, $36,900,000,000. (A) New budget authority, $209,300,000,000. (A) New budget authority, $3,300,000,000. Fiscal year 2000: (B) Outlays, $207,600,000,000. (B) Outlays, $2,100,000,000. (A) New budget authority, $30,900,000,000. Fiscal year 1999: Fiscal year 2002: (B) Outlays, $34,600,000,000. (A) New budget authority, $222,600,000,000. (A) New budget authority, $3,600,000,000. Fiscal year 2001: (B) Outlays, $220,300,000,000. (B) Outlays, $2,100,000,000. (A) New budget authority, $34,200,000,000. Fiscal year 2000: (5) Natural Resources and Environment (B) Outlays, $33,700,000,000. (A) New budget authority, $236,600,000,000. (300): Fiscal year 2002: (B) Outlays, $234,800,000,000. Fiscal year 1997: (A) New budget authority, $37,900,000,000. Fiscal year 2001: (A) New budget authority, $21,900,000,000. (B) Outlays, $35,300,000,000. (A) New budget authority, $252,700,000,000. (B) Outlays, $22,200,000,000. (9) Community and Regional Development (B) Outlays, $250,900,000,000. (C) New direct loan obligations, $36,000,000. (450): Fiscal year 2002: (D) New primary loan guarantee commit- Fiscal year 1997: (A) New budget authority, $272,300,000,000. ments, $0. (A) New budget authority, $9,200,000,000. (B) Outlays, $269,900,000,000. Fiscal year 1998: (B) Outlays, $10,600,000,000. (13) Income Security (600): (A) New budget authority, $21,600,000,000. (C) New direct loan obligations, Fiscal year 1997: (B) Outlays, $22,300,000,000. $1,952,000,000. (A) New budget authority, $231,600,000,000. Fiscal year 1999: (D) New primary loan guarantee commit- (B) Outlays, $239,000,000,000. (A) New budget authority, $21,400,000,000. ments $2,885,000,000. (C) New direct loan obligations, $0. (B) Outlays, $22,100,000,000. Fiscal year 1998: (D) New primary loan guarantee commit- Fiscal year 2000: (A) New budget authority, $8,800,000,000. ments $37,000,000. (A) New budget authority, $20,900,000,000. (B) Outlays, $10,300,000,000. Fiscal year 1998: (B) Outlays, $21,500,000,000. Fiscal year 1999: (A) New budget authority, $244,100,000,000. Fiscal year 2001: (A) New budget authority, $8,300,000,000. (B) Outlays, $247,100,000,000. (A) New budget authority, $21,800,000,000. (B) Outlays, $9,900,000,000. Fiscal year 1999: (B) Outlays, $21,800,000,000. Fiscal year 2000: (A) New budget authority, $255,600,000,000. Fiscal year 2002: (A) New budget authority, $7,800,000,000. (B) Outlays, $256,600,000,000. (A) New budget authority, $23,000,000,000. (B) Outlays, $9,300,000,000. Fiscal year 2000: (B) Outlays, $22,600,000,000. Fiscal year 2001: (A) New budget authority, $271,300,000,000. (6) Agriculture (350): (A) New budget authority, $8,700,000,000. (B) Outlays, $270,700,000,000. Fiscal year 1997: (B) Outlays, $8,700,000,000. Fiscal year 2001: (A) New budget authority, $13,000,000,000. Fiscal year 2002: (A) New budget authority, $280,000,000,000. (B) Outlays, $11,100,000,000. (A) New budget authority, $9,400,000,000. (B) Outlays, $277,800,000,000. H5184 CONGRESSIONAL RECORD — HOUSE May 15, 1996 Fiscal year 2002: (B) Outlays, $15,300,000,000. through 2001, and $18,457,000,000 in outlays in (A) New budget authority, $296,600,000,000. Fiscal year 2002: fiscal years 1997 through 2002. (B) Outlays, $292,900,000,000. (A) New budget authority, $16,300,000,000. (2) The House Committee on Banking and (14) Social Security (650): (B) Outlays, $16,000,000,000. Financial Services shall report changes in Fiscal year 1997: (18) Net Interest (900): laws within its jurisdiction that provide di- (A) New budget authority, $7,800,000,000. Fiscal year 1997: rect spending sufficient to reduce outlays, as (B) Outlays, $10,900,000,000. (A) New budget authority, $282,300,000,000. follows: $3,346,000,000 in outlays for fiscal (C) New direct loan obligations, $0. (B) Outlays, $282,300,000,000. year 1997, $2,755,000,000 in outlays in fiscal (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. years 1997 through 2001, and $3,143,000,000 in ments $0. (D) New primary loan guarantee commit- outlays in fiscal years 1997 through 2002. Fiscal year 1998: ments $0. (3) The House Committee on Commerce (A) New budget authority, $8,500,000,000. Fiscal year 1998: shall report changes in laws within its juris- (B) Outlays, $11,600,000,000. (A) New budget authority, $289,400,000,000. diction that provide direct spending suffi- Fiscal year 1999: (B) Outlays, $289,400,000,000. cient to reduce outlays, as follows: (A) New budget authority, $9,200,000,000. Fiscal year 1999: $5,717,000,000 in outlays for fiscal year 1997, (B) Outlays, $12,300,000,000. (A) New budget authority, $293,900,000,000. $128,862,000,000 in outlays in fiscal years 1997 Fiscal year 2000: (B) Outlays, $293,900,000,000. through 2001, and $207,698,000,000 in outlays (A) New budget authority, $10,000,000,000. Fiscal year 2000: in fiscal years 1997 through 2002. (B) Outlays, $13,000,000,000. (A) New budget authority, $296,600,000,000. (4) The House Committee on Economic and Fiscal year 2001: (B) Outlays, $296,600,000,000. Educational Opportunities shall report (A) New budget authority, $10,800,000,000. Fiscal year 2001: changes in laws within its jurisdiction that (B) Outlays, $13,900,000,000. (A) New budget authority, $301,900,000,000. provide direct spending sufficient to reduce Fiscal year 2002: (B) Outlays, $301,900,000,000. outlays, as follows: $633,000,000 in outlays for (A) New budget authority, $11,600,000,000. Fiscal year 2002: fiscal year 1997, $4,923,000,000 in outlays in (B) Outlays, $14,800,000,000. (A) New budget authority, $307,500,000,000. fiscal years 1997 through 2001, and (15) Veterans Benefits and Services (700): (B) Outlays, $307,500,000,000. $6,040,000,000 in outlays in fiscal years 1997 Fiscal year 1997: (19) Allowances (920): through 2002. (A) New budget authority, $39,000,000,000. Fiscal year 1997: (5) The House Committee on Government (B) Outlays, $39,600,000,000. (A) New budget authority, ¥$500,000,000. Reform and Oversight shall report changes (C) New direct loan obligations, (B) Outlays, ¥$500,000,000. in laws within its jurisdiction that provide $2,344,000,000. (C) New direct loan obligations, direct spending sufficient to reduce outlays, (D) New primary loan guarantee commit- $106,000,000. as follows: $840,000,000 in outlays for fiscal ments $24,548,000,000. (D) New primary loan guarantee commit- year 1997, $7,236,000,000 in outlays in fiscal Fiscal year 1998: ments $0. years 1997 through 2001, and $9,086,000,000 in (A) New budget authority, $37,900,000,000. Fiscal year 1998: outlays in fiscal years 1997 through 2002. (B) Outlays, $38,700,000,000. (A) New budget authority, ¥$0. (6) The House Committee on the Judiciary Fiscal year 1999: (B) Outlays, ¥$0. shall report changes in laws within its juris- (A) New budget authority, $36,600,000,000. Fiscal year 1999: diction that provide direct spending suffi- (B) Outlays, $37,000,000,000. (A) New budget authority, ¥$0. cient to increase outlays, as follows: Fiscal year 2000: (B) Outlays, $0. $51,000,000 in outlays for fiscal year 1997, and (A) New budget authority, $35,200,000,000. ¥ Fiscal year 2000: reduce outlays by $84,000,000 in outlays in fis- (B) Outlays, $37,100,000,000. (A) New budget authority, $0. cal years 1997 through 2001, and $147,000,000 in Fiscal year 2001: ¥ (B) Outlays, ¥$0. outlays in fiscal years 1997 through 2002. (A) New budget authority, $37,300,000,000. (7) The House Committee on National Se- Fiscal year 2001: (B) Outlays, $36,000,000,000. curity shall report changes in laws within its (A) New budget authority, ¥$12,900,000,000. Fiscal year 2002: jurisdiction that provide direct spending suf- (B) Outlays, ¥$16,500,000,000. (A) New budget authority, $39,700,000,000. ficient to reduce outlays, as follows: Fiscal year 2002: (B) Outlays, $39,800,000,000. $79,000,000 in outlays for fiscal year 1997, (A) New budget authority, ¥$36,800,000,000. (16) Administration of Justice (750): $472,000,000 in outlays in fiscal years 1997 (B) Outlays, ¥$36,800,000,000. Fiscal year 1997: through 2001, and $1,753,000,000 in outlays in (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $23,500,000,000. fiscal years 1997 through 2002. Fiscal year 1997: (B) Outlays, $21,200,000,000. (8) The House Committee on Resources (A) New budget authority, ¥$43,300,000,000. (C) New direct loan obligations, $0. shall report changes in laws within its juris- (B) Outlays, ¥$43,300,000,000. (D) New primary loan guarantee commit- diction that provide direct spending suffi- (C) New direct loan obligations, $0. ments $0. cient to reduce outlays, as follows: (D) New primary loan guarantee commit- Fiscal year 1998: $112,000,000 in outlays for fiscal year 1997, ments $0. (A) New budget authority, $24,500,000,000. $372,000,000 in outlays in fiscal years 1997 Fiscal year 1998: (B) Outlays, $24,400,000,000. through 2001, and $391,000,000 in outlays in (A) New budget authority, ¥$35,400,000,000. Fiscal year 1999: fiscal years 1997 through 2002. (A) New budget authority, $25,500,000,000. (B) Outlays, ¥$35,400,000,000. (9) The House Committee on Transpor- (B) Outlays, $24,800,000,000. Fiscal year 1999: tation and Infrastructure shall report Fiscal year 2000: (A) New budget authority, ¥$35,100,000,000. changes in laws within its jurisdiction that (A) New budget authority, $25,500,000,000. (B) Outlays, ¥$35,100,000,000. provide direct spending sufficient to reduce (B) Outlays, $25,500,000,000. Fiscal year 2000: outlays, as follows: $42,000,000 in outlays for Fiscal year 2001: (A) New budget authority, ¥$38,200,000,000. fiscal year 1997, $255,000,000 in outlays in fis- (A) New budget authority, $24,800,000,000. (B) Outlays, ¥$38,200,000,000. cal years 1997 through 2001, and $363,000,000 in (B) Outlays, $25,700,000,000. Fiscal year 2001: outlays in fiscal years 1997 through 2002. Fiscal year 2002: (A) New budget authority, ¥$41,000,000,000. (10) The House Committee on Veterans’ Af- (A) New budget authority, $24,100,000,000. (B) Outlays, ¥$41,000,000,000. fairs shall report changes in laws within its (B) Outlays, $25,000,000,000. Fiscal year 2002: jurisdiction that provide direct spending suf- (17) General Government (800): (A) New budget authority, ¥$62,200,000,000. ficient to reduce outlays, as follows: Fiscal year 1997: (B) Outlays, ¥$62,200,000,000. $148,000,000 in outlays for fiscal year 1997, (A) New budget authority, $15,500,000,000. SEC. 4. RECONCILIATION. $3,870,000,000 in outlays in fiscal years 1997 (B) Outlays, $14,800,000,000. (a) Not later than June 21, 1996, the House through 2001, and $5,284,000,000 in outlays in (C) New direct loan obligations, $0. committees named in subsection (b) shall fiscal years 1997 through 2002. (D) New primary loan guarantee commit- submit their recommendations to the House (11) The House Committee on Ways and ments $0. Committee on the Budget. After receiving Means shall report changes in laws within its Fiscal year 1998: those recommendations, the House Commit- jurisdiction sufficient to increase the deficit, (A) New budget authority, $15,200,000,000. tee on the Budget shall report to the House as follows: by $1,024,000,000 in fiscal year 1997, (B) Outlays, $14,900,000,000. a reconciliation bill carrying out all such and decrease the deficit by $64,619,000,000 in Fiscal year 1999: recommendations without any substantive fiscal years 1997 through 2001, and by (A) New budget authority, $15,200,000,000. revision. $117,820,000,000 in fiscal years 1997 through (B) Outlays, $14,900,000,000. (b)(1) The House Committee on Agriculture 2002. Fiscal year 2000: shall report changes in laws within its juris- (c) DEFINITION.—For purposes of this sec- (A) New budget authority, $15,300,000,000. diction that provide direct spending suffi- tion, the term ‘‘direct spending’’ has the (B) Outlays, $15,200,000,000. cient to reduce outlays, as follows: meaning given to such term in section Fiscal year 2001: $2,062,000,000 in outlays for fiscal year 1997, 250(c)(8) of the Balanced Budget and Emer- (A) New budget authority, $15,800,000,000. $14,816,000,000 in outlays in fiscal years 1997 gency Deficit Control Act of 1985. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, WEDNESDAY, MAY 15, 1996 No. 68 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING The list is as follows: called to order by the President pro MAJORITY LEADER MAJORITY STAFF tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The Brian Benczkowski, Jim Capretta, Amy able Senator from New Mexico is rec- Call, Lisa Cieplak, Christy Dunn, Beth ognized. Felder, Alice Grant, Jim Hearn, Keith PRAYER Hennessey, William Hoagland. f Carol McGuire, Anne Miller, Mieko The Chaplain, Dr. Lloyd John Nakabayashi, Denise G. Ramonas, Cheri Ogilvie, offered the following prayer: SCHEDULE Reidy, Ricardo Rel, Karen Ricoy, Mr. DOMENICI. Mr. President, on be- J. Brian Riley, Mike Ruffner. Cast your burden on the Lord and He Melissa Sampson, Andrea Shank, Amy shall sustain you.—Psalm 55:22. half of the leader, I make the following Smith, Austin Smythe, Bob Stevenson, Beth statement to the Senate. Wallis, Winslow Wheeler (detailee). Gracious Father, we respond to this This morning the Senate will imme- MINORITY STAFF uplifting promise with gratitude. Each diately begin consideration of Senate of us has burdens. Some of them are Amy Abraham, Kenneth Colling (fellow), Concurrent Resolution 57, the concur- Bill Dauster, Tony Dresden, Jodi Grant, profoundly personal. We carry the bur- rent budget resolution. There is a 50- Matt Greenwald, Joan Huffer, Phil Karsting, den of our failures. In the quiet we hear hour statutory time limitation on the Jim Klumpner, Soo Jin Kwon. You say, ‘‘You are forgiven; peace be budget, therefore Senators can expect Daniela Mays, Sue Nelson, Jon with you.’’ We also carry the burden of late sessions this week and rollcall Rosenwasser (fellow), Jerry Slominski, Barry Strumpf. worry over our families and friends. votes throughout in order to complete You remind us that You love the peo- action on the budget this week. Mr. DOMENICI. Mr. President, again ple about whom we are concerned and in behalf of the majority leader, I ask f so we turn our anxiety about the needs unanimous consent that the presence of small electronic calculators be per- of people over to You. In our work we CONCURRENT RESOLUTION ON mitted on the floor of the Senate dur- are burdened by the unfinished and the THE BUDGET ing consideration of the 1997 concur- unresolved. Help us to do the very best The PRESIDING OFFICER (Mr. rent resolution. we can each day and leave the results INHOFE). Under the previous order, the The PRESIDING OFFICER. Without to You. As leaders of our Nation, we Senate will now proceed to consider- objection, it is so ordered. are troubled by the drift of our society ation of Senate Concurrent Resolution Mr. DOMENICI. Now, Mr. President, from Your righteousness and truth. 57, which the clerk will report. as I understand it, there are 50 hours of The burden of leadership rests heavily The assistant legislative clerk read debate on this resolution. Unless it is on our shoulders. We hear Your whisper as follows: agreed to add additional time, each in our souls, ‘‘I will never leave you or A concurrent resolution (S. Con. Res. 57) amendment is given 1 hour for the forsake you.’’ setting forth the congressional budget for amendment, 1 hour in opposition to the the United States Government for fiscal amendment. Amendments to the Dear God, bless the Senators, their years 1997, 1998, 1999, 2000, 2001, and 2002. amendments have one-half hour, and families, staffs, and all who are part of one-half hour in opposition. the extended Senate family here in the The Senate proceeded to consider the concurrent resolution. The Budget Act prescribes that open- Capitol. Whatever burdens each carries ing statements will utilize 4 hours on today, we ask You to lift them by Your The PRESIDING OFFICER. The Sen- ator from New Mexico. economics, and that will be the open- grace and provide for them out of Your ing of the budget debate. I am not so boundless resources. Then help us to PRIVILEGE OF THE FLOOR sure we are going to use all that time, lift each other’s burdens by being as Mr. DOMENICI. Mr. President, I send but I would like to engage in a dialog encouraging as You have been to us. to the desk a list of majority and mi- with the ranking member, if he would, nority staff members and ask unani- Today we join with the Nation in at this point. mous consent they be granted the honoring and expressing our gratitude Senator EXON, I note, and I think you privilege of the floor at various times would concur, this is a rather excep- for peace officers. Thank You for those at the option of the manager and the tional year in that there are three full gallant officers who have given their ranking member. budgets that will be offered to the Sen- lives in the line of duty. The PRESIDING OFFICER. Without ate: There is the Republican budget In the name of our Lord. Amen. objection, it is so ordered. that is pending, encapsulated in the

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

S5025

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VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5026 CONGRESSIONAL RECORD — SENATE May 15, 1996 resolution; there is a bipartisan pro- all of our 2 hours on this side, although Act, that there are now 4 hours equally posal, led by Senators CHAFEE and no one ever knows what happens for divided, minus the time we have used, BREAUX, which is a full substitute for sure in the U.S. Senate. I guess, after the opening statements? the Republican proposal; and then I simply say, as I listened to the The PRESIDING OFFICER. Yes, that there is a third proposal, which I as- opening remarks from the chairman of is correct. sume you or someone on your side will the committee, if he felt we would like- Mr. EXON. May I inquire further offer, which is the President’s budget, ly only have amendments to the Re- along those lines. If, after the opening which, again, is a full substitute for publican measure today, I had intended statements by the managers, and we the Republican plan. Also, obviously, at a very early time to offer the Presi- are into the 4-hour period that has just there are many amendments that dent’s budget, which we offered very been referenced by the leader of the Members on your side and our side early in the procedure in the com- committee, we jointly agree or should would like to offer, either to the Re- mittee, as you will remember, and we jointly agree to yield back any remain- publican budget resolution or to one or would not agree in advance to any ex- ing time—in other words, suppose we the other of the other full budgets that tensive delay in our desire to offer the have an hour on each side or an hour I have just briefly described. President’s budget, which very likely on that side and half an hour on this It had been my hope, and I share this would be the first action on this side. side, whatever it is, we can hopefully with you to see what your thoughts And so I would like to advise the leader work to expedite the procedures—— are, that we could use the 4 hours al- of that. Mr. DOMENICI. Absolutely. lowed for economic discussion, 2 on Mr. DOMENICI. First of all, let me Mr. EXON. And I am sure you would each side, and then proceed with indicate, the leader has already indi- agree. amendments to the Republican budget cated that I am his designee to manage Mr. DOMENICI. I agree. for the remainder of the day—we ought this bill and allocate the time. From Mr. EXON. If we can take that 4 to get a lot of them in if we can do time to time, as you will, I will give hours and get it down to 1 or 11⁄2, that that—and that we then, late this that to some other Senator who will is our goal. evening, take an accounting for our- manage in my stead. Mr. DOMENICI. We are going to try selves and see where we are, and that Mr. EXON. We will follow the same to make it less than the 4 hours. We at a later time in this debate we take procedure here. have a few Senators who want to speak the full budgets that are offered as full Mr. DOMENICI. Let me tell you one on this subject, and they are going to substitutes to the Domenici mark. So thing I failed to mention by way of try- be given that opportunity. And then we at some point you would offer the ing to reach some accord. It is my com- will get off that as soon as we can. President’s and, some time thereafter, mitment and desire, and I hope you I thank Senator EXON for his cooper- Senators CHAFEE and BREAUX, or will cooperate—I think there is no rea- ative spirit this morning. I hope we can BREAUX and CHAFEE, would offer theirs. son why we should not do this. Senator do that all the way through the next 3 I think we had a very good spirit of GRASSLEY has requested and I have days. cooperation in the committee. I am agreed that his amendment with ref- Mr. President, we begin again today just hoping that between us we can get erence to defense will be the first a debate that some might think has our Members to start sending their amendment offered, and it addresses not yet ended and others might think amendments to us so we will know the pending resolution. never ends. To my friend, the ranking where we are going. I can say un- So sometime after our opening re- member of the Budget Committee, I equivocally—I heard from the leader marks and some discussions on the eco- know this is the last budget resolution yesterday and I read a statement this nomics, I will clearly ask that he be he will manage on the Senate floor. I morning—we are going to finish this the first one, and I think you will not will have more to say about Senator this week. I see no reason to go into have any objection. EXON at the end of these remarks, but Friday night and Saturday if we can Mr. EXON. I think it should be a he knows the work we are about today work together to kind of organize, as foregone conclusion that whatever the and probably for the rest of this week. best we can, our colleagues in their procedure, that you on that side and It is very serious work. It is work that presentations. myself on this side will make the final will directly affect our country’s fu- I yield at this point for your determination of what will be the order ture. thoughts or observations, if you would of filing amendments. Certainly you In many ways, the work we are about share them with me. have every right to recognize Senator today is a continuation of our efforts of Mr. EXON. I thank my friend, the GRASSLEY for the first remarks on that the last year to find a way to balance chairman of the committee, for his re- side. our Federal budget early in the next marks and outline. Generally speaking, What I have indicated is when our century and, in doing that, to look I do not know that I have any serious time comes, it is very likely that the through the budget of the United reservations. I think the chairman of first action on this side will be the of- States and find some areas where we the committee has basically stated fering of the President’s budget as a are going to have real trouble down the what should be the procedure. I have a substitute. I just want to alert you to line if we do not make some reforms caveat to that that I will mention in that. and changes now. just a moment. I simply say that I Mr. DOMENICI. You do not intend to In other ways, the work we are about agree that even though we have 25 have other amendments that address here today builds on the successful ef- hours on each side—and while you have themselves either to our budget or forts last year to reduce spending and not said that, I understand the intent other things before you offer the full put us on a path to a balanced budget. is the 25 hours on your side would be budget? I think the fact has been lost in the controlled by the majority leader or Mr. EXON. That is my present plan, heated debates last winter that we did his designee, which would normally be although we have not locked in any- reduce spending on appropriated ac- you, and the same thing would be true thing. counts to the levels assumed in last on our side with the minority leader Mr. DOMENICI. I just thought it year’s budget resolution. and myself as the ranking Democrat on might be interesting, from the stand- Largely because of those successes in the Budget Committee. Is that the point of understanding, if we got some the appropriated accounts, we are able way? Would we follow usual procedures of the amendments out of the way and to continue our goal of reaching bal- in that regard? we were looking at three full budgets ance in 2002 as originally planned. Ob- Mr. DOMENICI. Yes. and debating them in a sequence which viously, our work is to achieve that Mr. EXON. I see no reason why we would permit us to see them all kind of goal, that goal which would have been should not head for, and very likely one, two, three. But you have every made easier had the President signed can, finish this by Friday late, if not right to do that. So why do we not pro- the Balanced Budget Act of 1995 in- sooner. I say to my friend, in the 4 ceed. stead of vetoing it last December. But hours set aside for economic discus- Parliamentary inquiry, Mr. Presi- because the President vetoed that leg- sions, I do not anticipate we would use dent: Is it correct, under the Budget islation, which we worked so hard to

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5027 enact last year, we find ourselves back good medicine for our Nation and it is and the environmental enforcement here today. A little discouraged per- designed to prevent America’s children programs of EPA. So in 1997 it cannot haps, but not daunted at all in our ef- from having to swallow a poison pill of be said that this budget cuts environ- fort and our endeavor, because this mounting Federal debt. It is designed mental spending. It does not. It in- issue is not going to go away and the to prevent our Medicare system from creases environmental spending. American public demands that we bal- going bankrupt in just 5 years. It is de- This budget moves toward protecting ance spending and revenues at the ear- signed to prevent a future of a crushing America’s senior citizens. It makes the liest possible time. tax burden on those just starting out in Medicare trust fund solvent for 10 While some things will surely seem life. years, 1 decade. I regret that I cannot not to have changed from last year as The resolution before us, Mr. Presi- stand here and say to the senior citi- the debate progresses, in other ways dent, will strengthen America, it will zens of the United States, we are going things will have changed significantly continue to build on our successes of to make the trust fund solvent for 50 since 1 year ago. last year, and change the way our Gov- years. The truth of the matter is, it is First, one big change is that the ernment works, to make it more effi- difficult to make it solvent for 10. And President, after nine attempts, has cient, more responsive, and less expen- we must at least do that. now, at least on paper, with some sive. I mention that the President’s stated major gimmicks, figured out a way to Most importantly, it is a budget plan goal in his budget is solvency of the present what he claims to be a bal- that will ensure a better future for our trust fund through 2006, 10 years, the anced budget plan. We will have a lot children and our Nation. I said that same goal as we have in this budget more to say about the President’s so- last year; I believed it then; I continue resolution. The way we have solved it— called balanced budget plan, and I sin- to believe it now. True leadership can- that is, the budget before us and the cerely look forward to debating it. not simply postpone this difficult work President’s—is very different. We will But let me say at the outset, how- because it is an election year. The have more to say about this issue, a lot ever, that I have known smoke-and- problem will not go away simply be- more during the debate. mirrors budgets and I have known real cause there is an election this fall. But the Congressional Budget Office budget plans, and I do not hesitate to The second balanced budget plan the tells us very simply—question: How award the President, the President’s Republicans have proposed in this Con- much must we save in the trust fund to so-called balanced budget plan this gress is designed to return our Nation keep it solvent for 10 years? Their an- year with an Oscar for the best acting to fiscal reality and preserve America swer is: You need $123 billion of savings in fiction. as the land of opportunity, not only for in the trust funded portion of Medicare Second, another big change this year, now but for future generations. In to meet the President’s goal of 10 we will have a third budget plan to de- short, it reflects our commitment to years. That is what we have done. We bate. I think that is exciting. The bi- fiscal responsibility, generating eco- have said, Medicare will be changed, partisan budget plan to be offered by nomic growth, creating family wage reformed, but there for every senior Senators CHAFEE and BREAUX is a real jobs and protecting the American that wants it just like it is, but the budget plan. Again, I look forward to dream for all our citizens young and providers in that system, and through debating that plan. old. changing the program to offer options, Unlike the President’s, which is a This budget will restore America’s we must save $123 billion. hoax of a budget, I want to compliment fiscal equilibrium. It will balance the The President’s budget, I regret to the group of Senators who have worked budget by the year 2002 without touch- say, does not meet his goal. He only ex- hard this last year to put together a ing Social Security, by ratcheting tends the life of the trust fund for 1 ad- real budget, certainly not a smoke-and- down the deficit by slowing the growth ditional year. This is the President’s mirrors budget like the President’s of Government spending. But let me first big gimmick, an unbelievable plan. Unfortunately, the bipartisan emphasize, Government spending will cruel hoax on senior citizens, particu- plan does not achieve balance in 2002, continue to grow over the next 6 years. larly those who depend upon home and I have some concerns about ele- It is a budget which will reverse the health care as part of this system. ments of that plan that we will debate tide of 50 years of power that flowed We protect, preserve and keep Medi- later. But this is a welcome change from the rest of the country to Wash- care solvent for one decade. For Medi- from a year ago when Republicans ington. care part B—all should know that when stood here on the floor alone and of- We want to provide more freedom you speak of Medicare, there are two fered the only real balanced plan for and opportunity to people at the local pieces. One is a trust fund. Every work- the American people, the only one to level so they might have more control ing American puts money in that trust be on the floor of the Senate in almost over the decisions on the programs fund. That is essentially the part that four decades. that affect their lives, affect their chil- is an encapsulated trust fund for the Mr. President, the Senate-reported dren, and affect their communities. protection of senior citizens and their budget resolution, the one before us Key changes are proposed to shrink health programs related to hospitaliza- today, Senate Concurrent Resolution the Federal bureaucracy to terminate tion and long-term home health care. 57, offers America hope. It is real—no duplication in Government, to consoli- That is the part that is going bank- smoke and mirrors. It recognizes the date programs to improve efficiency, rupt, and we will be there in 5 years need to set priorities, it makes tough and prioritize the limited resources we unless we fix it. We have been told, to decisions, or at least says to those who have. But at the same time, we con- fix that part you must reform it to will follow after it with legislation tinue to support programs which pro- save $123 billion. that they are compelled to make some vide needed services to our citizens. We The other part, frequently called part tough decisions, and it is realistic. It have been careful to preserve a safety B, is an insurance program for the rest can be done. It needs to be done. This net for those truly in need. of health care that is not provided in is a budget designed to help working We support programs aimed at keep- the trust fund. This program is funded American families, to make them more ing America safe, safe in their homes, by general tax dollars, and there is no secure, secure in their homes, in their their schools, and their neighborhoods, trust fund. Seniors pay a portion of the communities, and in their jobs. by funding needed crime programs and insurance premium, and essentially it It offers them a more efficient Gov- funding those parts of the U.S. Govern- is an insurance policy. ernment, one dedicated to economic ment that are engaged day by day in I want to make it absolutely clear, growth and security, support for our fighting crime across America, such as for part B we have taken the Presi- children and lower taxes on American the FBI, the DEA, Border Patrol and dent’s proposed savings, $44 billion—we families. the like. have heard all we can take about Re- The resolution before us today recog- The budget before us today provides publicans and Medicare—and this year nizes the very simple notion that our $6.5 billion for environmental protec- it is clear that we are responding with Government cannot simply go on tion, including increases of nearly $1 44 billion dollar’s worth of savings in spending our children’s money. It is billion in the safe drinking, Superfund part B, exactly the same number as the

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5028 CONGRESSIONAL RECORD — SENATE May 15, 1996 President. But we are making the trust to make deadbeat dads support their budget cutting something so we can fund solvent in a real way with no gim- children instead of making the Govern- pay for tax cuts, let me just say I am micks and absolute integrity. ment, the taxpayer, hard-working fam- very, very proud that we have made In our budget, so that everyone will ilies trying to make a living, instead of room in this budget for this $500 child understand the dimension of this issue, asking them to do the supporting with tax credit. For those who accuse us, let we provide $1.46 trillion of Medicare tax dollars. This assumes we will them stand up and say they do not spending over the next 6 years—$1.46 change the law, truly make deadbeat want to give the $500 tax credit. Under trillion. We propose to increase on each dads pay their legally responsible child our plan, I repeat, a family with two Medicare beneficiary the amount of care and support. children under age 18 would receive money spent from $5,300 per person This resolution assumes savings from $1,000 of permanent tax relief. today to $7,000 per person in 2002. How restricting immigrants the access to In summary, on the $122 billion tax can that be called a cut? You do the Government assistance programs to en- proposal in this resolution, we have re- arithmetic and it is a huge increase. If sure that sponsors live up to their duced Government spending from what we were to provide these kinds of in- promise not to allow immigrants to be- it would be by $712 billion. In doing creases anywhere else in any budget it come a public charge. Actually, very that, we feel very positive about being would be impossible to sustain it. In few Americans, and until lately, very able to say $122 billion is given back to the case of seniors, we have a commit- few Senators, knew that under our gen- the people rather than spent on more ment. We want to save the fund and erous policy of family unification, for Government. maximize their coverage. the last 15 years or so, American citi- In closing, let me say that I hope we Our budget throws the Medicare zens have been busy bringing their rel- can move, during the next 21⁄2 days, to trust fund a life preserver. The Presi- atives, most of them elderly mothers, enact this resolution, and then move dent’s budget throws Medicare over- fathers and grandparents, to our coun- toward implementing it in the months board. We will have more to say about try, under our policy of unification, of June and July. I believe this can be how the President gets to his state- sign a certificate of support, for we do done. But if, for some reason, we fail ment of 10 years of solvency in part A not invite the unification so that the again to get the job done, I can only of the trust fund as we move along. taxpayers can pay for the support of say that I think the tide is turning, Medicaid: Now, so everybody will un- these people that are brought to Amer- and we will be back again and, clearly, derstand, Medicare is for seniors; Med- ica to join in our society and be part of sooner rather than later, we will do icaid is a program of the U.S. Govern- their family. what is right. ment, or I should say, a composite of 23 It is incredible how that approach Finally, I wish it were possible to programs that are put together to help has degenerated into a program where have my friend and ranking member, poor people by giving them health care, billions of American tax dollars are Senator EXON, join me in support of by paying their health care bills with going to legal immigrants who are this last budget resolution and his last certain limitations and certain excep- brought here purposefully to avoid the budget resolution on the floor of the tions. This budget assumes we will certificate of support and become Senate. That is not possible. But he spend $731 billion on Medicaid over the wards of the Government. It is Amer- will be convinced, maybe, on its mer- next 6 years. This budget assumes the ican history from our inception. We its, and as we move through this de- implementation of the Medicaid reform have held a policy that we are not bate, I just want to say that he has plan as recommended unanimously by bringing aliens to America to become been a very good ranking member and a bipartisan group of Governors—that wards of the public. That has fallen has spoken his party’s case extremely is, 48 Governors. We have added back apart. We put it back together in our well. I believe it is fair to say that the $54 billion in Medicaid spending com- assumptions here. Many of the assump- two of us have done that, with little pared with last year’s resolution. Mr. tions were realized in the votes on the rancor and, in my case, with great re- President, that is $36 billion of Med- immigration bill, Mr. President, as we spect and admiration, regardless of icaid spending, compared with the Bal- voted numerous times last week and how it turns out in terms of where Sen- anced Budget Act vetoed by the Presi- the week before. ator EXON ends up 21⁄2 days from now. I dent. We are anxious to get this Med- Finally, this budget provides $122 bil- know that he feels very strongly about icaid reform done. With the support of lion in tax relief for American families the need to find a balance in Federal Democrat and Republican Governors it through a $500 per child family tax spending. He has been a long-time sup- can be done. The amount proposed for credit. This will aid 52 million Amer- porter of the constitutional amend- savings is truly achievable. ican children in 28 million families. I ment for a balanced budget. He sup- Medicaid spending, Mr. President, want to repeat, in this budget resolu- ported the line-item veto legislation will increase under this budget 46 per- tion, the resolution itself says we will that was enacted recently. He sup- cent over the next 6 years. How can reduce the amount of tax we take into ported the unfunded mandates legisla- that be called a cut? Medicaid spending the Treasury by $122 billion because we tion voted out of our Budget Com- in this budget will increase by 46 per- are going to give 28 million American mittee earlier this year. cent over the next 6 years. This budget families, 52 million American children, Obviously, in the years to come, if it recognizes the need to overhaul Amer- a chance to keep more of their money is my privilege to be here on the floor, ica’s deteriorated welfare system. and spend it on their needs. If ever the I will miss him and I wish him well. We Funding levels in this resolution allow Tax Code of America went amiss and will have more to say about that soon. Congress to send power back to the became antifamily, it was when we lost At this time, I yield the floor. States as requested by the National our way and let the deduction for a de- Mr. EXON addressed the Chair. Governors’ Association, by converting pendent child wither away from where The PRESIDING OFFICER (Mr. a failed AFDC Program, Aid for De- it was in my day to where it is today. CAMPBELL). The Chair recognizes the pendent Children Program, sometimes What can be deducted as an expense of ranking minority member, the Senator called the welfare program, into a rearing a child is a mere shadow of from Nebraska [Mr. EXON]. block grant with certain guarantees. what it was in years past. Yet, we won- Mr. EXON. I thank the Chair. I thank The resolution before the Senate as- der why there is so much strain and my friend and colleague from New sumes reforms in the food stamp and stress in families. We will not even be Mexico for his most kind remarks. I ap- child nutrition programs to slow the returning it to its more wholesome day preciate them more than he knows. growth rate of spending in those pro- of profamily taxes, but we will make a When I came here 18 years ago, I grams but maintains the entitlement giant step when we say every parent sought a seat on the Budget Committee to preserve a nutrition safety net for with children under 18 will get a tax and was granted one. I have served on children. It assumes funding targets on deduction of $500. Their taxes will be the Budget Committee the entire time the severely disabled in Supplemental reduced by $500 for each child. What is I have been here. One of the stalwarts Security Income Program. wrong with that? on that committee on the other side of This budget assumes funding from re- For those who want to stand on the the aisle, whom I got to know initially forms to child enforcement programs, floor of the Senate and talk about this very well that first year on the Budget

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5029 Committee, was PETE DOMENICI. What chart, and the billions of dollars in what the Congressional Budget Office he has just said means a great deal, deficits on the left side. If you will no- projections said they would be on that and I thank Senator DOMENICI for that. tice, halfway up the chart, before the up line before Bill Clinton—BBC, Be- I have the highest respect for his abil- dotted lines start, is where President fore Bill Clinton. I submit for the ity and his integrity, and I appreciate Bill Clinton came into office. At that RECORD that I do not think anyone can what he said about my support. time, you will notice that the annual refute it, that unless we had followed I feel the same way about the Sen- deficits were about $300 billion a year. the fiscal responsibility of Bill Clinton ator from New Mexico. We do not al- I would like to make a point here that when he became President of the ways agree, and we cannot in this body. I think all too many Americans do not United States that has more than cut Sometimes it may be difficult for peo- fully appreciate or grasp. They hear the annual deficits in half, we would ple who do not understand the U.S. ‘‘deficits,’’ they hear ‘‘national debt,’’ not be standing here today pretending, Senate to recognize and realize that we and all too often I think the difference or hoping, that we could balance the can disagree on policy, we can disagree between the two becomes blurred. So, budget by the year 2002 because we on numbers, and we can speak very once again, for the RECORD, let me would have been way up here on the forcefully about that. That is the proc- state that the deficits we talk about upper part of this chart. And had we ess. But as far as personal esteem is are the annual shortfalls where we continued to follow the policies that concerned, there is no one in the U.S. spend in Government more than we those on the other side of the aisle, evi- Senate whom I hold in more high per- take in. The annual deficits were run- dently by their votes, wanted to follow sonal esteem than I do my chairman, ning wild. we would not be standing here today the Republican Member, and the excel- I just stated in my opening remarks talking about reaching balance in 2002. lent floor manager of the measure be- that when I was here in my first year, Before Bill Clinton, BBC, we were in fore us. we were facing an annual deficit of $20 deep trouble, and we are still in very So in spite of what is said after that, billion. When Bill Clinton became deep trouble. But unless Bill Clinton I certainly want Senator DOMENICI to President of the United States, we were had taken a stand and unless the know, as he already knows, that we are facing annual deficits not of $20 billion Democrats, by a tie, or one vote, had good friends, who have high regard for but of $300 billion. the courage to stand up and say, ‘‘We each other personally. And in the dif- I hear attacks again and again that have to stop it,’’ we would not be in a ficult tasks that face the Nation, here are not factual, indicating that the position today, even under the Repub- is where we come to some disagree- President of the United States is not lican proposal to balance the budget by ment as to how to reach the proper end sincere, that he is trying to use smoke the year 2002. So let us give Bill Clin- that we both are seeking. and mirrors. The smoke and mirrors in ton at least some credit. As Senator DOMENICI has said, Mr. this chart shows what has happened. We thought, Mr. President, that we President, this is the last budget reso- This bottom line is that President Bill had a chance last year to build on the lution that I shall manage on the floor Clinton—without help from or even one President’s success. Under his leader- of the U.S. Senate. I remember well my vote on that side of the aisle in the ship, we would have reduced our Fed- first budget resolution 18 years ago. It U.S. Senate or over in the House of eral deficit to use some other figure by was in the spring of 1979, and our dear Representatives—has driven that $300 a projected $846 billion through fiscal and late colleague, Senator Ed Muskie billion deficit down. That is the annual year 1998. We had a rare opportunity to of Maine, was the chairman of the deficit as opposed to the trillion-dollar, balance the budget last year, but that Budget Committee, and the distin- multitrillion-dollar debt of the United opportunity was squandered by the guished Senator from Oklahoma, States of America. That is something radical right. Here we are yet with an- Henry Bellmon, was the ranking mi- that I think people overlook. other year and with yet another Re- nority member. The projected deficit At the end of each year when the def- publican budget that does not fairly do for fiscal year 1980 was less than $20 icit is $20 billion, as it was when I came what this Senator and most on this billion. It does not seem possible, but here, or up to $300 billion when Bill side of the aisle and most of the Amer- that is what it was. I had high hopes, Clinton came here as President of the ican people want to do: balance the as a freshman Senator, that we would United States, those deficits at the end budget in a fair and equitable manner. see the end of deficit spending. I said so of each and every year are piled upon, During the opening remarks by my in my first speech. But those hopes and we start all over at the end of each friend and colleague from New Mexico, were dashed, Mr. President, during the year. Those deficits magically go away, and I think I can quote the manager of Reagan-Bush years when deficits were I guess. What we do is pile them onto the bill correctly, he said the President piled upon deficits. President Reagan’s the national debt, which has risen claims that he will balance the budget. Office of Management and Budget Di- since I came here—before the Reagan- But he indicated in his remarks that it rector, David Stockman—in case he Bush years from under $1 trillion; was fictional. Let me say, Mr. Presi- has been forgotten—later described today, to over $5 trillion—and are dent, that all during that debate that that period of time under Reagan-Bush going up even under the projections of followed the budget last year and the as ‘‘fiscal carnage.’’ The fiscal carnage the Republicans to at least $6 trillion, failure of the Republicans even to meet that took place at that time is what we before we balance the budget, hopefully with the President to work out a prop- are attempting to deal with here today, by the year 2002. osition, it is clear to see where the re- as we were last year. Four years ago, The point I want to make again, Mr. sponsibility lies. President Clinton began the arduous President, is that when Bill Clinton be- Despite the claims, despite the state- task of drawing a narrowing circle on came President of the United States we ments, June O’Neill, the Republican- the deficit, and he succeeded beyond all were running deficits of $300 billion. appointed head of the Congressional expectations, with no help, Mr. Presi- Notice the lower line where they have Budget Office, testified in front of the dent, from those on that side of the come down now to where the Congres- Budget Committee, and I quote June aisle. sional Budget Office projects they will O’Neill: ‘‘The President’s budget pro- I will simply cite the difficulties that be under $150 billion next year. Bill posals and policies, as estimated by the we are in and how we are going to get Clinton, therefore, is not even given Congressional Budget Office, would out of them, and the significant con- credit by those on that side of the aisle balance the budget by the year 2002.’’ tribution that President Clinton has for more than cutting in half the an- Let me repeat that again. Contrary made to the possibility of balancing nual deficits of the United States of to what you have heard, contrary to the budget by the year 2002. America. That is a remarkable what you are going to hear, the Repub- The graph that I have behind me here achievement. But you do not hear lican-appointed head of the Congres- is entitled ‘‘Budget Deficits, CBO Esti- much about it from that side of the sional Budget Office says the Presi- mates.’’ These are Congressional Budg- aisle. dent’s budget policies will balance the et Office estimates of where they were The lower part of this President’s budget by the year 2002. going. You will see the year 1980 to the budget takes the budget down to bal- Mr. President, we also heard a great year 2000 across the bottom of the ance by the year 2002 as opposed to deal so far today—and I am sure that

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5030 CONGRESSIONAL RECORD — SENATE May 15, 1996 we will hear more about it in the fu- creased costs of health care for the crowded, and we are not doing a very ture—that the President of the United public at large will not be sufficient for good job of maintaining it. We cannot States is not being honest with regard the seniors that need Medicare. So an- have immigrants coming into this to the Medicare trust fund. Mr. Presi- other way of saying it, oh, yes, they country primarily to take advantage of dent, I cite a letter, and hereby request are providing more money but they are our safety net. it be printed in the RECORD of May 9, not providing the money that seniors I hope and think my friend from New 1996, from June O’Neill, the Repub- need for Medicare, if you look at the Mexico appreciates the fact that during lican-appointed head of the Congres- projections of what the increased costs the recent debate on this measure, this sional Budget Office, to me, the Honor- will be for the public at large. particular Senator voted almost with- able JAMES EXON, ranking member, One need only go in this area to the out exception with the distinguished Committee on the Budget: materials issued on May 8 by the House Senator from Wyoming [Mr. SIMPSON], DEAR SENATOR: At your request, the Con- Budget Committee and the joint the leader of the effort. I think we will gressional Budget Office has examined the House-Senate press conference that fol- find that we did not do everything we effects of the administration’s budgetary lowed. You will see the same venomous wanted to do, but I think we made proposals on the hospital insurance trust policy and skewed priorities that were some good strides under the excellent fund. Under current law, the hospital insur- proposed in last year’s budget included leadership primarily of Senator SIMP- ance trust fund is projected to become insol- SON and, of course, on our side Senator vent by the year 2001. CBO estimates that in this new Republican budget, al- KENNEDY. Immigration is still a major the administration’s proposal would post- though I hasten to add it is an im- pone this date to the year 2005. provement over last year. problem and causes us great difficulty The direct student loan program when we try to come up with what is Enough is enough is enough. I do not the right thing to do. think we accomplish a great deal by would be eliminated. The Goals 2000 Program would be terminated. That is Once again, I compliment Senator plotting against other people’s motives DOMENICI for his leadership in this area when the leader of the CBO has cer- a key educational function. The earned income tax credit would be slashed by and in many others. Yet we are faced tified that the President is being hon- with those in our party and he on his est and that the President and his ad- $17 billion, $7 billion above what the bi- partisan Governors found was accept- side in his party among many who feel ministration are being straightforward. that some kind of compromise is some- Mr. President, I ask unanimous con- able. So that there will be no misunder- thing bad. sent that the letter I just referenced be Compromise is the only way we have standing, the earned income tax credit printed in the RECORD at the conclu- to bring 100 dedicated, strong-willed was first proposed, I believe, by Presi- sion of my remarks. people into some kind of coalition so dent Ford, and the earned income tax The PRESIDING OFFICER. Without that we can get things done. objection, it is so ordered. credit is designed for the very lowest of I must say that I look at this budget (See exhibit 1.) the low-paid people of the United resolution, Mr. President, that this Mr. EXON. Here we are, Mr. Presi- States of America. It is designed to get budget resolution, while some improve- dent, with yet another Republican them out of poverty by giving them an ment over the last, still fails in many budget. But after 18 months of extre- earned income tax credit. It was a ways. Most of all, this budget fails the mism and demagoguery, after two Ford-Republican proposal that we American people. I do not think put- shutdowns and a threat of a dozen Democrats in a bipartisan fashion rec- ting frosting over a bad cake makes it more, I must say that I expected some- ognized was good, and we have taken any better. It still divides our great thing better. True—and I congratulate up the mantle. They, the other side of country when we should be striving to and thank my friend from New Mex- the aisle, are devastating that earned unite it. It still casts blight when we ico—true, there is some degree of income tax credit that goes right to should be providing shade and comfort dulling the knife’s edge from last the heart and throat of many people for the elderly, the disabled and espe- year’s disastrous Republican budget living near that economic edge. cially our children. It still extracts the proposal that was not appreciated by The programs that they advocate most from those who have the least the vast majority of the people of the also eliminate the Department of Com- when we should be asking for a fair and United States once they understood it. merce, and Energy would be either shared sacrifice. This is where Presi- But I ask, is this latest Republican eliminated or deep sixed to the place dent Clinton’s budget succeeds. That is budget kinder? Is it a gentler budget where they could not function. Even why I will be offering to use the Clin- than the Republicans had promised the the slightly better off Senate Repub- ton budget, which balances the budget American people? I think not. Yes, it is lican budget cuts $65 billion more in by the year 2002 as certified by the Re- somewhat better, I would say, than last discretionary spending than the Presi- publican appointee to the Congres- year. Primarily that is possible be- dent’s plan, and discretionary spending sional Budget Office. cause the Congressional Budget Office is something that we all agree now is a This is where the Republican budget, in the estimating of what is going to major concern for the future welfare of in my view, fails the test of fairness. happen in the future has come up with America. I suppose this warms the cold The Republican budget promises many a healthier economic growth than they hearts of Speaker GINGRICH and Mr. things. As far as I can see, the Repub- had previously. I thank Senator ARMEY and the Republican freshman lican budget may achieve balance. I DOMENICI and the Republicans for wise- class over on the other side of the Hill, agree that it would achieve balance, as ly using that to alleviate some of the but it is of little consolation to the does the President’s budget, in the year hit that many Americans not as fortu- American people who had expected that they claim it will. But at what nate as the rest of us would have moderation and imagination and team- cost to the American people under the taken. work. Republican budget? What sacrifices, We hear time and time again about I say to my good friend, the distin- many of them unfair in the view of this how the Republicans are going to spend guished chairman of the Budget Com- Senator, are we going to make? As far more money on these programs than in mittee, I compliment his leadership on as the rest of the loud promises are the past. You have heard already and that side of the aisle in many areas, concerned, they are gusty winds of you will hear more about the fact that and I listened with great interest and propaganda. This Republican budget the Republicans are spending more had a tendency to stand up and applaud delivers least when it promises to do money than in the past, especially with when Senator DOMENICI was talking most. regard to Medicare programs. Yet the about the need to make changes in the The Republican majority would like facts are that the additional money the immigration policy. I happen to agree Americans to believe that they are sav- Republicans are saying they are going that we have gone way too far and al- ing Medicare for future generations. to spend, therefore saying, piously, lowed way too many people into the ‘‘Preserve and protect,’’ was their post- that it is not a cut, even though the United States of America. Not all of er-tested public relations slogan. But rate of increase that the Republicans the immigrants but far too many are when $167 billion—I repeat, Mr. Presi- are proposing for the average Medicare coming in here to take advantage of dent, when $167 billion is lopped off the recipient is less than the projected in- our safety net that is already over- projected spending for Medicare over

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5031 the next 6 years, $50 billion more than Medicaid reform might mean that mid- conferees agreed to $245 billion in tax in the President’s budget, I am not so dle-class working American families breaks. So experience tells us to be sure it will be the same first-class might have to pay thousands of dollars wary of Republican promises of how health care system that exists today. out of their own pockets for nursing much or how little tax breaks will be, It is this first-class system—and it is a home care for their loved ones, or that and who in the end will benefit from first-class system—more than just a millions of low-income children might them. trust fund that we are trying to protect have their health care jeopardized, or The Republican budget also does not and preserve. that enforcement of nursing home call upon special interests, who assume Despite the attacks from the other standards might not be as vigilant as it few if any of the burdens of balancing side, I cite back once again to the let- is today. our budget. While President Clinton ter that I received from June O’Neill, In other words, ‘‘reform’’ means has proposed that $40 billion—$40 bil- the Republican-appointed CBO chief, ‘‘conform,’’ to their way of thinking, lion be raised from corporate reform that the President is right in his pro- even if it means taking out a second and loophole closing, the Republican jections. mortgage on your home to pay for budget lists no savings from these cat- The Republican budget would reduce nursing home care for a sick or elderly egories. Medicare spending growth per bene- parent. With a $72 billion reduction in When I mentioned that President ficiary far below—far below the pro- Medicaid from the projected spending Clinton has proposed $40 billion be jected private sector growth rate. I combined with a block grant approach, raised from corporate tax giveaways mentioned this earlier. It is right to that may well be the scenario. and reforms and loophole closings, I say we are increasing the spending, but In closing, I want to talk for a mo- only say, referring back to the chart I if we are increasing the spending for ment about tax breaks. My colleagues have in back of me that I referenced Medicare less than the cost of health know that I oppose all tax breaks until earlier, the President, Bill Clinton, care delivery in the private sector, we get the deficit under control. But, knows what he is doing with regard to then that is not an increase. of course, that is not going to prevail. being a fiscal leader. I am very fearful that what the Re- This is just one conservative Senator’s Having said that, I must admit that I publicans are doing here will, without opinion, that we should not be talking would not have stood on the floor of question, diminish the quality and the about tax breaks until we get the budg- the U.S. Senate and said that a year access to health care for millions of et finally and completely under con- ago in January when the President middle-class Americans. Doctors and trol. But that is not the way it is going sent his group down here to explain to hospitals will be able to charge seniors to be, because this is a political year. us on the Budget Committee his budget for the entire balance of the charges It is not easy to say ‘‘no’’ to tax cuts. for last year. At the time, I said it was above the Medicare payment. Hear this It is a painful, unpopular vote. But a bad budget, I did not support it, I again. Under the proposal, the Repub- that is what we should be doing, in the would not support it. But through the lican proposal that they claim is fair opinion of this conservative Demo- influence of Senators like myself and and reasonable, doctors and hospitals cratic Senator. others, we have helped Bill Clinton would be able to charge seniors for the This year the Senate Republicans make the firm decisions that he made entire balance of the charges above the claim a net tax cut of $122 billion. This to accomplish the goal of reducing the Medicare payment. The danger here, figure is going to be talked about a annual deficit from $300 billion when he and Americans should understand it, great deal during this debate. But let took office down to $150 billion. and they will not have the wool pulled me repeat that. This year the Senate The President is now on the right over their eyes—is the Republican ma- Republicans claim a net tax cut of $122 course. I did not salute him when he jority may assert—— billion. But no one should be fooled came up with a budget last year that I Mr. DOMENICI. Will the Senator into believing that the Republicans in- did not think made any sense. I salute yield? tend to limit their tax breaks merely him for what he has done now. He is on Mr. EXON. I will yield at conclusion to that. The gross cuts will be much the right course. The figures prove that of my remarks. larger. The House Budget Committee he is on the right course. Let us get be- The Republican majority may assert and its chairman boast that this budg- hind the President and support him. that premiums are not going up, but et will provide at least $180 billion in Chairman DOMENICI made it clear, they cannot make the same claim permanent new tax relief. however, that the tax increases can be about seniors’ out-of-pocket expenses There is something amiss here. The used by and maybe increased by the Fi- to pay their medical bills. The $123 bil- Republicans are certifying and claim- nance Committee to offset additional lion reduction in the growth of the ing that they have only $122 billion in tax breaks. If the past is any guide, the Medicare hospital insurance spending tax cuts in the Senate proposal and yet Republicans will soon be proposing to will particularly devastate rural and those who consulted with the Repub- raid the pension funds for working fam- urban hospitals. The Republicans as- licans in the Senate, their counterparts ilies to pay for tax breaks that will pri- sert that it is necessary to preserve the over in the House of Representatives, marily benefit those earning over solvency of the trust fund through the claim that the same numbers will add $100,000 a year. year 2006. Not true, Mr. President. up to $180 billion in tax cuts, and have I do not believe, Mr. President, that President Clinton’s budget proposal ex- said so publicly. There is something my friend and colleague, Senator tends the life of the trust fund without wrong. Their budget also provides for a DOMENICI, wants that. But he has to such deep reductions as the Repub- list of tax cuts that could include near- deal with some people on the other side licans are proposing. The Republican- ly every item included in last year’s to- of the Hill who plainly want that, and appointed CBO Director has certified, tally failed budget that was rejected by the Republicans in the Senate need and and I say this again, that the adminis- the President and rejected by the have to have the cooperation and the tration’s proposal would extend the life American people. Just so no one has support for their Republican counter- of the Medicare hospital insurance forgotten, the tax cuts in that bill parts on the other side of the Hill. trust fund until the year 2005. would have gone primarily to the I simply say that there is an alter- What about Medicaid? What about wealthiest Americans. So much for the native. There is an alternative to this Medicaid reform? Reform was the Re- little guy in a Republican proposed rehashed and repackaged Republican publican rallying cry, but instead of at- budget. budget. It is the President’s budget. In tempting to reform Medicaid in a man- I provide this side-by-side compari- my 18 years in the Senate, this is the ner that would be acceptable to main- son for a good reason. I ask my col- first Presidential budget of either a Re- stream America, the Republican ma- leagues to remember what happened publican President or a Democratic jority paddled up one of their right- last year. The Senate Republican budg- President that this Senator has sup- wing tributaries and came out with et had $170 billion in tax breaks and ported, and I support it in the form something new. I believe you would the House Republican budget lavished that is submitted. Not that I agree take the whole Nation by surprise if even more at $347 billion in tax breaks, with all of it, and I hope that if we you told them that the Republican largely for the wealthy. In the end, the were using the President’s mark, the

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5032 CONGRESSIONAL RECORD — SENATE May 15, 1996 President’s budget, we would adopt EXHIBIT 1 the deficit down. And 38 percent was some changes. But from the standpoint U.S. CONGRESS, because they increased taxes. Most in- of starting and setting up something to CONGRESSIONAL BUDGET OFFICE, teresting, 50 percent—50 percent—of amend, we would be far better off to Washington, DC, May 9, 1996. this reduction, from this line to this work from the President’s budget with Hon. J. JAMES EXON, line, had nothing whatsoever to do Ranking Minority Member, Committee on the some flaws than the Republican pro- with any action by anyone. They are Budget, U.S. Senate, Washington, DC. merely reestimates of the expenditure posal with many, many, many more DEAR SENATOR: At your request, the Con- flaws. gressional Budget Office (CBO) has examined of Government to adjust them to the reality instead of the estimate, such The President’s budget reflects his the effects of the Administration’s budgetary proposals on the Hospital Insurance (HI) things as the savings and loan fund to values and the priorities. It makes dif- trust fund. Under current law, the HI trust pay for the bailout. We overestimated ficult choices, but it makes them fair- fund is projected to become insolvent in 2001. the amount of money, and it was sit- ly. It balances fiscal responsibility CBO estimates that the Administration’s ting there in the budget, a huge with caring and compassion for our proposals would postpone this date to 2005. amount of money. I cannot believe that seniors, the young and the neediest Sincerely, anybody is going to claim that the among us. JUNE E. O’NEILL, President did that or the Democrats, Director. At the appropriate time—sometime by voting for a tax-loaded budget-def- Mr. DOMENICI addressed the Chair. icit package, did that. That is a huge today—I will offer the President’s The PRESIDING OFFICER. The Sen- budget as a substitute for the Repub- amount of money. ator from New Mexico [Mr. DOMENICI], Others are estimates in the expendi- lican budget that is presently before is recognized. ture costs of programs. The estimated us. There is a clear distinction between Mr. DOMENICI. Mr. President, short- increases did not come out as high as these two budgets, a distinction that is ly, I am going to yield as much time to the budget projected. I must say, in all not lost on the American people. We Senator MACK as he desires. Senator deference, it did not matter who was should have the opportunity to debate SPENCER ABRAHAM will come to the elected President. That 50 percent oc- and vote on these two distinct visions floor probably during Senator MACK’s curred from no action on the part of for the future of our Nation, and we discussion. On the record, I want to the executive branch or the Congress. will. state that I am going to designate Sen- So that is 50 percent; plus 38 percent of ator ABRAHAM in my stead to control Mr. President, let me conclude by the reduction in the deficit. the time on this side, at least until saying to the chairman of the Budget Over here we had economic changes noon or 12:30. amounting to $13 billion. We will just Committee, once again, that I know he Mr. President, I want to make two had a very difficult time putting this put that up there. If they want to very brief comments with reference to argue about that $13 billion—that the budget resolution together, and I sus- the statements of the distinguished pect he would be the first to admit that President deserves credit for that— Senator from Nebraska. First, if the then we can talk about that. But the there are some things in here that he is Senator is suggesting that Republicans not enthusiastic about. But, once thing that we must be worried about— are for lower taxes, we are going to that we must be worried about—is that again, the art of being a leader in the plead guilty. We are for lower taxes. If the Congressional Budget Office told us U.S. Senate, regardless of which side of the Senator suggests that we are going that through 1995 the total cuts in the aisle you are on, has to take into to cut taxes for families with children, spending were $1 billion, the total cuts consideration what you can do, what we plead guilty. We are going to do in spending were $1 billion. you can accomplish, building a coali- that. Frankly, in all deference and with all tion. Certainly, in this case, the Sen- Second, the President of the United of the gentleness that I can muster, ator from New Mexico has built a coali- States entered into his office as Presi- this is not a deficit-reduction package tion of what most of the Republicans dent at a point in time when a number that is calculated to permanently re- would like to see. of things were happening and, as a duce the size of Government, which ev- I join with my chairman and thank matter of fact, he was very, very fortu- eryone says is the cause of the deficit. him for mentioning the fact that Sen- nate, as was the country, that these Nobody says we are being taxed too ator BREAUX and Senator CHAFEE, and events occurred. I personally believe low—strike that. Somebody does. Most several of our comrades on both sides the President’s budget and the Presi- people do not think we have to raise of the aisle, have come up with a budg- dent’s conduct had nothing whatsoever taxes and spend more. They think we et that is worthy of some consider- to do with them. They were in play. should cut the expenditures of Govern- Let me just put up one little chart. ation. Likewise, there are some parts ment to get to fiscal equilibrium. This You see, Senator EXON says that this of that budget that I do not agree with, is the history of those lines. budget deficit CBO estimates—let me Having said that, I want to just make but at least it is something that we see if I can meander over there a little should take a hard look at and pos- one last point. Senior citizens, senior bit. citizens, the President of the United sibly, in the end, incorporate some of Does the Senator mind if I use his States has pulled off in his budget a those concepts and those ideas of those chart? huge hoax—a huge hoax—for which, be- thoughtful Senators, both Democrats Mr. EXON. No. The Senator is wel- cause of other things in his budget, as and Republicans, who are trying, in my come to. I said in my opening remarks, he truly opinion, to be helpful. Mr. DOMENICI. The Senator would deserves the Academy Award for fic- I had hoped one day in my Senate ca- make a point that at this point in his- tion on his budget. reer I would be able to say to my good tory the budget starts turning down, Let me just tell you about Medicare. friend, for whom I have said before I and it would have gone up; and, there- Medicare in the entrusted fund, the have high respect and admiration, that fore, President Bill Clinton has done a trust fund, Mr. President, has been as- I support his budget. Unfortunately, masterful job of controlling the ex- suring and paying seniors for long- that day has not come. But I really penditures of our country and being fis- term—long-term—home health care. enjoy working with him, and I hope cally responsible. Let me repeat, in the trust fund, sen- Let us just look. This is not me. This that the debate that follows will be as iors, you have been getting your long- says the Congressional Budget Office. factual as possible, will be as short as term home health care paid for by this It is not the Senator from New Mexico. possible, and, once again, I tell him guaranteed fund. We asked them, what did this? How did Second point. It is the fastest grow- that I will try in every way I can to co- this happen? Lo and behold, here is ing item in Medicare. Fact—the Presi- operate with him, as I did in the com- what they said: Taxes were raised, and dent chooses to take that program out mittee, not to have this go on and on that made up 38.3 percent of getting of the trust fund. That program is $55 and on. this down. billion, home health care for seniors. I thank the Chair, and I yield the So the American people right off What a hoax. You take out some- floor. should know, yes, the Democrats got thing you are providing them, and say,

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5033 ‘‘We’re saving the trust fund.’’ Now the here debating this resolution at a time dent Clinton credit for good economic question is, how does he pay for it, the when the economy was not going well, news, may be disappointed in what I home health care for the seniors? In- if the confidence of Americans was not have to say, because it certainly is not teresting. He does not pay for it. He as healthy as it is. I am sure that under my intention to give the President puts it right on the backs of the tax- those conditions my Republican col- high marks for what is happening in payers of America. One might even say, leagues would not be blaming Presi- the economy. you raise the taxes $55 billion, because dent Clinton for those downturns. That I ask people to reflect first on my the truth of the matter is, the insur- is facetious and at best it is an under- very strong feelings about the Office of ance premiums that the seniors pay statement. President of the United States, an of- for, everything other than what is in One other thing on Medicare. The Re- fice that all of us hold in high regard, the trust fund, other than hospitaliza- publicans always seem to keep moving when we think back across our history tion and long-term care, the insurance the goalposts. Last year, how many to some of the great leaders who have premiums, the President says we are times did we hear, ‘‘Mr. President, just held that position. But today, as I dis- not going to add the $55 billion to the give us a balanced budget that will be cuss the economy, I find it difficult, premiums. So magically he has made scored and balanced by CBO, and we frankly, to hold in high regard the the trust fund more solvent by taking can come to an agreement.’’ The Presi- comments made by the President of away some of its responsibility and dent did that at the urging of myself the United States with respect to what also diminishing the assuredness of and others who thought that his earlier is happening with the economy, what is that coverage for seniors and at the budget proposal last year was not happening with growth, what is hap- same time does not pay for it. sound. He made dramatic changes. He pening with opportunity. He just says, add it to the expendi- changed many things, all for the good. In his State of the Union Address this tures of the Government. I believe it is Finally, believe it or not, we got CBO year, President Clinton said this is the at risk. I believe it was safe in that to approve a budget plan that the strongest economy in three decades. trust fund. I believe it is at risk when President had offered. Then, rather Last year, fourth quarter to fourth you take it out and you do not pay for than sealing the agreement that they quarter, the economy grew at an ane- it and you just say, the taxpayers will had made—if you could come to a bal- mic 1.3 percent. Over the entire time pay for it, and Congress will see to anced budget agreement certified by that President Clinton has been in of- that. CBO, we could get together—they fice, we have seen economic growth of That is the truth of the difference in started moving the goal post. only 2.4 percent a year. Compare that our solvency of the trust fund and the On Medicare, the Republicans always to the 10 years prior to President Clin- President’s. He has this magic $55 bil- seem to be moving the goal post once ton’s administration, when economic lion solvency by saying what we have again. All last year, the Republicans growth in America averaged 3.4 percent been giving you out of that trust fund called for preserving the Medicare hos- a year. I do not believe this economy is we are not going to give you any pital insurance trust fund. All year, something that we should brag about. longer. But we have made it solvent. time and time again, that is what they Now, some economists cite statistics So frankly that is the only difference wanted. Now, Mr. President, now that and say to us, ‘‘Well, things are really between the President and the Repub- the President has come up with a plan, kind of OK, not to worry.’’ Let me tell licans. That is a big difference. That is certified again by the Republican ap- you who I pay attention to. It may be a difference that, when it is under- pointee, the head of the Congressional all right for the President to pay atten- stood, will turn the tables on who is Budget Office, they are moving the tion to those economists and maybe really worried about making sure the goal post. They said 2005 is not enough, try to hide behind the numbers—2.8 senior citizens get their care and pro- we have to go beyond that. It is like percent annual real growth in the first tection. quarter of this year—while ignoring At this point I yield to Senator they are moving the budget, and every time we meet their goal and reach the fact that in 1995 we had only 1.3 MACK. Mr. EXON addressed the Chair. their goal line, they move the goal percent real growth; or to say the un- Mr. MACK addressed the Chair. post. That may be political. I think it employment rate is at 5.4 percent, The PRESIDING OFFICER (Mr. is. At least, it seems to me, it is not re- while failing to say at the same time COATS). The Senator from Nebraska, as alistic. that there were no net jobs created in manager of the bill, is recognized. I simply say, as somewhat of a foot- the private sector last month—none, Mr. EXON. I yield myself whatever ball expert, Nebraska could not pos- zero. What does that mean? No oppor- time is necessary off of my time. sibly have won two national champion- tunity. No opportunity to find a new Mr. President, I listened very care- ships if we moved the goal post every job, no opportunity to leave one job to fully to my friend and colleague, and as time we got close to the goal line. I re- advance to another. No jobs created. near as I can tell, when he uses charts serve the remainder of my time. When I want to know about the state to show how we are falsely trying to The PRESIDING OFFICER. The Sen- of the economy, I pay attention to the take credit for reducing the annual def- ator from Michigan is recognized. people back home, people who come up icit, and giving that credit where I Mr. ABRAHAM. How much time re- to me and tell me they are worried think it logically belongs, to President mains on our side? about their future. In fact, it is inter- Bill Clinton, I simply say, well, it is The PRESIDING OFFICER. The Sen- esting to ask people these days, how tomfoolery. ator would be advised there are 24 many of you believe that you are bet- I also suggest, regardless of the hours 15 minutes. ter off than your parents were at your charts and percentages that we talk Mr. ABRAHAM. Is there a limit on age? Almost every hand in every audi- about, one of the reasons that we are opening statement time? ence goes up, agreeing that they are making significant progress is the fact The PRESIDING OFFICER. There is better off than the previous generation. that under President Bill Clinton we no limit. But when you then ask how many be- are having a good economy, a growing Mr. ABRAHAM. I yield such time as lieve their children will be better off economy, the stock market reaching he may consume to the Senator from when they are your age, maybe four or record proportions. Florida. five hands go up. It appears that for I simply say, at least I hope my Re- Mr. MACK. Thank you, Mr. Presi- the first time in a long, long time, we publican colleagues would agree that dent. I am going to focus my remarks have a generation of Americans that we should give President Clinton the this morning not so much on the spe- thinks the next generation will not do credit that he deserves for the good cifics of the budget, as others will dur- as well as they have done. That is what economic news, the growing economy ing the next several days, rather I will is causing the tremendous anxiety that without inflation that we are experi- focus on the economic conditions that exists in America today. encing under the leadership of Bill surround this debate. Still, President Clinton wants to Clinton. The distinguished Senator from Ne- claim the strongest economy in three I would hate to think what the Re- braska who a minute ago said he hoped decades—on the basis of 1.3 percent publicans would be saying if we were that we Republicans would give Presi- growth. It is interesting to remember

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5034 CONGRESSIONAL RECORD — SENATE May 15, 1996 that in 1992, when he was campaigning Not long ago, the President of the growth of this country, and thereby for the Presidency, he called the econ- United States was in Florida, and there provide more hope and opportunity for omy the worst in 50 years, even though was debate over the future of the sugar more Americans. the economy that year grew at 3.7 per- industry in the Everglades. Protesters Let me make one other point about cent. It is a little difficult to under- opposed to the administration’s plan productivity growth. Prior to the mid- stand the President’s line of thinking: said they were going to lose their jobs. 1970’s, productivity in America grew one day he talks about 3.7 percent In essence, the President responded: approximately 2.1 percent a year. In growth as being a very weak economy, ‘‘Don’t worry, we will see that anyone the last 10 years, that rate declined to and then a few years later and he is who loses their job will get another about 1.1 percent. And now, during the President, and the economy is growing one.’’ I wonder how many times he has 3 years of the Clinton administration, at only 1.3 percent, or even 2.4 percent, made that comment around the coun- productivity growth has averaged only to say we have the strongest economy try. But where does he think these jobs three-tenths of a percent. If produc- in three decades. It is very difficult for come from? Government doesn’t create tivity does not increase in a meaning- me, frankly, to give this administra- jobs. They come from the private sec- ful way, there is no way to pass on tion, or this President, credit for a tor, and they come as a result of Gov- higher wages to employees. strong economy. ernment getting out of the way and al- What is causing productivity to de- I think we ought to, again, listen to lowing for investment to take place. cline? More taxes, more spending, more what the people back home are saying So we must begin this discussion, Mr. Government, and less freedom, includ- to us. One example. I recently heard a President, with the understanding that ing taking away the freedom to pursue story about a woman recalling that her the economy is weak, not strong, that greater creativity, to spur American husband had said to her on two sepa- job creation has slowed. While the ad- ingenuity, and to provide opportunity. rate occasions, ‘‘You better not go out ministration wants to brag about the With higher taxes, more regulation, today. I may have to call and tell you 8.5 million jobs created since they and more interference from Wash- to come pick me up, because I may not came into office, they neglect to men- ington, there is less opportunity for have a job when this day ends.’’ I think tion that if job formation took place at American business to be more produc- about the mother telling her children the same rate as in previous recoveries, tive, more competitive, and to create she would not be home in the evening there would have been 11.5 million jobs jobs. because she had to get a second job to created in America, and we are really 3 So, Mr. President, I say that, at this make ends meet. million jobs short. Furthermore, of the point, this economy is weak. There is One piece of statistical data that has 8.5 million jobs that have been created, no sign that, in the long run, we are not made the headlines is that, since many are second and part-time jobs going to achieve higher levels eco- January 1994, the number of individ- going to families that need second jobs nomic activity or offer hope and oppor- uals holding a second job has increased tunity to future generations of Ameri- just to make ends meet. That does not 17 percent. Now, the economists might cans unless we follow far different poli- tell working people not to worry. The make for a growing economy. I think it is also important that, cies than the ones offered by the ad- President may tell working people not when we debate the budget, we must ministration. Those politicians who be- to worry, that everything is fine. But I remember who is paying the bills. I lieve that today’s economic statistics can tell you that the people back home think about the people at home who indicate opportunity are making a do not agree. They are very anxious come up and tell me about their tax grave mistake. The debate on this about their future, and their ability to burden, what they are being asked to budget should be about America’s fu- make ends meet. ture, about the ability to create jobs pay for Government. I think of the As a matter of fact, a recent poll and opportunity through more invest- young couple, the husband who works asked, ‘‘How worried are you about ment, job creation, and business forma- two jobs all week long, from early in your ability to make ends meet?’’ The tion. response indicated that some 20 million the morning until late at night, five Mr. President, I yield the floor. American families a year say their days a week, and then stays at home on (Mr. ABRAHAM assumed the chair.) ability to make ends meet is their No. Saturday and Sunday to take care of Mr. COATS. Mr. President, I asked 1 concern. Now there are 30 million his little ones while their mom is out the Senator from Michigan if he would families who are concerned about their on her job over the weekend in order to assume the chair so I could take the ability to make ends meet. The anxiety make ends meet. I think about the cou- opportunity to come down to the floor question is real. Economists can say ple that gets up at the crack of dawn to compliment my colleague, Senator whatever they want, but the people in and commutes long distances to work, MACK from Florida. He outlined for the the State of Florida are concerned and does not get home at night until Senate, and for those who are observ- about the future. well after dark, who cannot spend time ing, the real concern and the deep anx- A couple of other statistics point to with their kids, yet are being asked to iety that exists among many Ameri- why people are feeling anxious. Real pay more and more and more to the cans today about their future and their median family income has declined in 4 Federal Government. family’s future. A concern that I think out of the last 5 years. And many other Do you know what really frustrates is now becoming almost universally indicators suggest that trend will con- them? It is that they are being asked shared about the impact of the deci- tinue. Real compensation—that is, to work longer and harder to pay more sions, or lack of decisions, that Wash- wages and benefits—grew only four- taxes to support programs that they ington has made. This inability of Con- tenths of a percent in 1995, the slowest know have failed and to support indi- gress and the President to make deci- in 14 years. Between 1982 and 1989, real viduals who are not working. That is sions impact their future in a negative income per person grew three times as the central theme that runs all way. fast as it has since 1993, when President through the debate. For example, with We have not faced up to some of the Clinton took office. respect to the 4.3-cent rollback of the difficult choices that clearly must be The real issue before us is, how can gasoline tax. Every time workers pull made if we are going to put our econ- we help create higher levels of growth? up to the gas pump, that 4.3 cents in omy on an upward path, and if we are Should America be satisfied with 2.4 gasoline taxes goes not to build more going to offer and provide opportunity percent real growth, or worse? I say the roads or to build more bridges, but to for the young people of the next gen- answer is absolutely not. fund Federal programs they know have eration of America, not to mention From the end of World War II to the failed, and support people who refuse to this current generation that is strug- beginning of the Clinton administra- work. That is why support for activi- gling with that economic anxiety. The tion in 1993, economic growth averaged ties here in Washington, DC, has been Senator from Florida put his finger on nearly 4 percent a year. Today, we are so deeply undermined in America. the most immediate items that we in told we are doing well with growth of So, Mr. President, I believe our de- this Congress and with this President only 1.6 percent. Where are the jobs bate should not be so much concerned can address in answering these par- going to come from that will ensure about this budget itself, but about ticular problems. We can provide im- prosperity and opportunity tomorrow? what needs to happen in order to spur mediate relief to Americans today by

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5035 doing what they have asked us to do, tory spending and entitlements is sim- quote part of this. He says, ‘‘As a moral and that is examine the role, the func- ply postponing the inevitable and matter, Americans deserve candor.’’ tion, the scope, and the size of Govern- bringing us closer to a day of cata- Americans deserve to hear the truth ment. We can address what virtually a clysmic budget collapse. We cannot about the financial situation in which universe of Americans now believe— continue to run up the deficit as we we find ourselves. We are debating in this Government tries to do too much, have. We cannot continue to pretend the Senate this week the budget for the it is too big, it spends too much. Amer- that there are not problems in the next fiscal year and a budget which icans see the results of this Govern- mandatory spending programs that lays out a plan to achieve a balance in ment and they are simply not the kind need to be addressed. the future. We are debating about these of return on investment that Ameri- It reminds me of the old commercial very issues, the issues of how we spend cans are asking for. They are working where the fellow picks out the dripping taxpayer dollars, and how we establish harder in order to pay more taxes to carburetor leaking with oil and says, priorities. And there is no better time fuel and feed a Government spending ‘‘You’ve got two choices. You can pay to talk about it than this particular effort that is not addressing the basic me now or you can pay me later. If you week in the Senate. needs of Americans in an effective way, pay me now, we can make this a lot Samuelson said, ‘‘As a moral matter, and they are saying ‘‘scale it back.’’ If less expensive and a lot less painful. Americans deserve candor. As we de- we could do so and make the appro- But, if you wait, the whole engine is bate this issue, they deserve what we priate decisions in doing so, we can going to fall apart.’’ believe to be the truth. They deserve provide them with an immediate in- If we keep postponing this decision, candor about the situation in which we crease in their wages. We can give the whole engine is going to fall apart. find ourselves. When you look at the them immediate salary or hourly wage Republicans have attempted to come mandatory spending in just the Social increase by giving them tax relief from forward with budget after budget ad- Security and Medicare areas, it is an the excessive burden of taxes now being dressing these questions in an honest unassailable fact that longer lives, imposed. way even at considerable political risk steep health costs, and an aging baby This whole question about the gas only to find that President Clinton boom will inevitably make Social Se- tax is not really to move the price of ducks his head in the sand, or slips and curity and Medicare unbearably expen- gasoline which I paid this morning slides his way through the political sive in the next century.’’ $1.65.9 a gallon. The question is, and The next century sounds like a long minefield, the end result of which is to the issue is, that the Congress has not way away. We have plenty of time to do nothing. been straight and fair with the Amer- Mr. MACK. Will the Senator yield? worry about it. This is 1996 approach- ican people on the issue of gas taxes Mr. COATS. Yes. I am happy to yield ing 1997. We will be at the next century and on a whole range of other taxes. to the Senator. before we know it. He uses the word ‘‘unbearably expen- The Clinton 4.3-cent gas tax increase Mr. MACK. I think it would be help- sive.’’ ‘‘We are facing a crisis of fiscal was not applied to building roads and ful if we put this debate in terms that proportions that this Nation has never bridges, which most motorists in Indi- citizens around the country can asso- faced in its history. It will be unbear- ana and, I think, across the country be- ciate themselves with. I remember last lieve. When Americans pay extra ably expensive, if we do not address it, year when we were going through this money to cover gasoline increases, I and address it now.’’ debate, we talked about what would know they at least think it goes to He goes on to say, ‘‘At some point, happen if we got a balanced budget. We build roads and bridges and to help spending and benefits will be cut to said that interest rates would come ease their commute to work, or their avoid costs that seem politically intol- down and that would mean lower mort- travel across the country. But no. This erable. But the trouble is that the gage payments, lower automobile pay- gas tax increase went to general reve- longer changes are delayed the more ments, and more affordable student nues in order to feed the excessive and abrupt and unfair those changes will loans. I think it is important to look seemingly unabated spending habits of be, and that’s why silence is irrespon- closely at what has happened since we Congress. sible.’’ So just in the gas tax alone we are did not get an agreement on a balanced We are today hearing silence on this talking about more than a reduction at budget. Long-term interest rates have issue from the White House. We are the pump. We are talking about being risen by a percentage point. What does seeing gimmicks, budgetary gimmicks, honest with the American taxpayer in that mean to the average consumer, to as the Senator from New Mexico just terms of how their money is being used the couple who is out there today clos- outlined, to fool, or attempt to fool the and giving them some relief. The budg- ing on the purchase of their first home? American people about the status of et that we are debating today is de- For the average home in America, that the Medicare trust fund by shifting $55 signed to put us on a path toward fiscal higher interest rate means they will billion out of that trust fund to the responsibility that will allow us then pay about $650 more each year in pay- general revenues to either put the ben- to take the savings that occur over and ments, or another $100 a year for a car. efit program at risk, or to add addi- above balancing the budget which can So there are real consequences to tional costs to the taxpayer, or to drive occur in outyears and return it to the this debate and for failing to get a bal- us deeper into debt. American people in the form of tax re- anced budget proposal through the Samuelson says ‘‘This is a relevant lief so they do not have to work so hard Congress and signed by the President character issue about the President. and do not have to take that extra job of the United States. Question: Does he have the moral fiber simply to pay taxes to fuel Govern- Real families, real individuals, hard to help America make difficult ment. working men and women of America, choices?’’ The Senator from Florida has accu- are paying hundreds of dollars more We are trying to make difficult rately addressed the issue. And I want- each year because of the failure to choices. This budget requires difficult ed to take the opportunity to step come to an agreement on a balanced choices. But it is time that we stood up down from the Chair to thank him for budget. and began to tell the American people his contributions and for reminding us I thank the Senator for yielding. the truth about those difficult choices and keeping our eyes focused on the Mr. COATS. I thank the Senator for and not postpone the inevitable. At real picture. those comments. great risk to this economy, at great The second point I would make is I will close by quoting what has al- risk to the future of this generation, simply that we as a Congress and the ready been quoted on the floor today and an extraordinarily unbearable risk President of the United States must probably, the piece written in the to the future generation. address the tough choices and the pri- Washington Post by Robert Samuelson, So I hope we will use this time to ority choices that we all know have to who is an economist and writer that I make these discussions relevant, to be addressed if we are going to get a greatly respect because he speaks with talk about them in an honest way, and handle on this budget. great candor, and I think speaks about to quit the posturing and the pre- This idea of deferring for some future the thrust that this Congress and that tending and to end the practice of say- Congress the questions about manda- the President needs to address. Just to ing,

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5036 CONGRESSIONAL RECORD — SENATE May 15, 1996 ‘‘Well, we cannot do it now because couraging economic growth so they can increases.’’ Why? Because a gas tax there is an election just months away.’’ earn more, reduce the size and scope of ‘‘sticks it to lower income and middle- I have served in this body for some government so they can keep more, income retired people in the country, time, and every 2 years the excuse is and in the process do more for them- and it’s wrong.’’ ‘‘we will do it after the next election.’’ selves and their families, the Presi- That is the campaign rhetoric of 1992, The time to do it after is running out. dent’s budget simply puts his faith in but it is not consistent with his per- The risk is extraordinary; the results more government. formance thereafter. As we all know, are unbearable; and I hope we could The differences are these. We are of- President Clinton pushed through the face up to these decisions and honestly fering a budget that gets to balance Congress in 1993 the largest tax in- put it before the American people. and achieves it by making some tough crease in history: $265 billion over 5 Frankly, I think they are ready for choices, choices that have to be made if years. Gas taxes were raised during the truth. Frankly, I think they will we are to truly have a balanced budget. that budget battle. The President also reward truth and reward candor, and I The President’s budget, on the other raised taxes on senior citizens. He hope this can be a major part of this hand, in effect says we can achieve a raised taxes on the largest corpora- debate in the Presidential election and balanced budget painlessly, without tions, and he raised taxes on thousands in the Senate and congressional elec- anybody really having to suffer. That of the smallest businesses. He raised tions, and I hope we can initiate the is, in my judgment, impossible. Obvi- taxes on the living and he even raised debate this week. ously, we have to constrain the growth taxes on the dead. Then he turned Mr. President, I thank you for your of government. We have to do it in a around and told a Houston audience, patience. I suggest the absence of a way that is fair and equitable. To say ‘‘You might be surprised to find * * * I quorum. that we can accomplish this where think I raised your taxes too much.’’ The PRESIDING OFFICER. The tough choices are not needed is wrong. That is true. The fact is, the tax bur- clerk will call the roll. Other Members have already ad- den has been raised higher than it has The assistant legislative clerk pro- dressed the important details of the ever been before, except for one point ceeded to call the roll. Republican budget. How it reduces in American history. More signifi- Mr. ABRAHAM. Mr. President, I ask overall growth in Federal spending by cantly, by ranking tax burdens accord- unanimous consent that the order for over $440 billion through the year 2002 ing to Presidents, you can see that this the quorum call be rescinded. while increasing funding for education, President has presided over the highest The PRESIDING OFFICER (Mr. the environment and crime fighting average tax burden of any President in COATS). Without objection, it is so or- programs. How it protects veterans’ the history of the country, 19.933 per- dered. health care and homeless programs cent of national income. Mr. ABRAHAM. I yield myself such from the devastating cuts included in In a nutshell, the President has suc- time as I may need. the President’s budget. And how it pro- ceeded in completely reversing the Mr. President, once again, we have tects Medicare home health care pro- progress made during previous admin- before the Senate the budget resolution grams by keeping the program within istrations in moving us toward a sim- that was passed by the Budget Com- the part A portion of Medicare where it pler, fairer, flatter Tax Code. The Tax mittee under the leadership of Senator belongs. Code now is more burdensome, it is DOMENICI. This budget resolution Today, I would like just to focus on more complex, and it is more costly as achieves balance in the year 2002. It ac- one difference between the two budg- well. complishes this feat by reducing the ets. That is the area of tax cuts and What does that mean to average size of Government and slowing the how the Republican approach contrasts Americans? We can talk about numbers growth of various governmental pro- with that of the President. and percentages, as we often do on the grams. At the same time, it preserves First, let me put the tax picture in floor here, to the point where we lose and protects Medicare, provides full perspective. According to the Tax sight of its impact on real people. But funding for education and environ- Foundation, more than one-third of the what it means is this. Last year Ameri- mental programs, and increases fund- average American worker’s wages go to cans paid to Uncle Sam $87.2 billion ing for Federal crime programs over taxes. For working parents that meant more than they would have under pre- previous levels. they had to work until May 7 just to vious policies. For the average Amer- Mr. President, let me begin by saying pay their taxes this year. The Tax ican family, that’s over $800 taken out I am happy that this year we are deal- Foundation calls this tax freedom day, of their pocket each year and handed ing with a belief that we should bal- and May 7 is the latest it has ever been over to the Federal Government. ance the budget. One year ago in this recognized. The Balanced Budget Act which budget process the President was talk- Other indicators are just as ominous. President Clinton vetoed last year ing about $200 billion a year deficits as Columnist Bruce Bartlett pointed out would have provided partial relief from far as the eye could see. This year the recently that State, local and Federal these record tax burdens. The bill President is talking about balancing revenues now consume more of our na- would have reduced the tax burden on the budget and attempting, we would tional income than ever—31.3 percent Americans by a modest amount, on av- argue not successfully but at least at- of everything Americans earned last erage about $36 billion a year. In other tempting, to present a budget that does year. At the Federal level, taxes are words, the tax relief vetoed by Presi- bring us into balance. also at near record levels. Last year, dent Clinton last fall was less than half The differences though are consider- they consumed 20.4 percent of our na- the increased tax burdens that Ameri- able. The accomplishments of the Re- tional income. This marks only the cans have experienced since he took of- publican budget contrast strongly with second period in which the Federal tax fice in 1993. President Clinton vetoed the President’s budget submitted ear- burden has exceeded 20 percent of the the Balanced Budget Act and deprived lier this year. Where we rely on tough gross domestic product of the United Americans of middle-class tax relief, economics and tough choices, the States. The last period was at the end like the $500-per-child family tax cred- President’s budget relies on rosy sce- of President Carter’s administration, it, marriage penalty relief, expand narios, gimmicks and deferred savings. just prior to President Reagan’s tax IRA’s, spousal IRA’s, and estate tax re- Where we employ new ideas to help cut proposals of 1981. forms that would have given small curb the growth of our entitlement President Clinton has played a very business and family farm owners the programs, ideas like choice in Medicare active role in helping achieve this opportunity to pass on their enter- and returning our welfare programs record tax burden. As a candidate, he prises to their families in a way that is back to the States where they belong, campaigned on a platform of middle- not feasible right now because of the the President relies on tried and, I be- class tax cuts. At that time he stated, high inheritance taxes. lieve, failed policies that guarantee our ‘‘We will lower the tax burden on mid- Which brings us to this year. In the entitlement programs will continue to dle-class Americans.’’ He even argued President’s State of the Union Address, spiral out of control. Where we put our against raising gasoline taxes, telling Mr. Clinton announced that ‘‘the era of faith in individuals and families by en- voters, ‘‘I oppose Federal excise gas tax big Government was over.’’ He then

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5037 sent to Congress a budget which would I think the choice before the Senate what the Senator did not know is that ensure that Government spending and is clear. On the one hand, you have a this is the lowest percentage since the income taxes remains at record levels. resolution that is responsive to the 1970’s—lower than it was when we had Once again, however, we have to look American voters and taxpayers in their Republican Presidents. As a matter of beyond the rhetoric. When the Presi- desire to see a smaller, more effective fact, the record level was set during dent released his budget in March, he Government with its books balanced, the Reagan administration. claimed he was providing Americans and, on the other hand, you have the So I think when we talk about this with $99 billion in tax relief, enough to President’s budget which is responsive budget and the situation today, we pay for a watered-down child tax cred- to the status quo and inside-the-belt- ought to put it into the context of it. way interests. where we have come from. We have On closer inspection, however, the I would like to just close by thanking come from a time when there were President also included $62 billion in Senator DOMENICI for his leadership on hardly any new jobs created to a point tax loophole closing and other in- this issue. This is my second oppor- where President Clinton has fulfilled creased revenues, which means the net tunity to vote for a budget resolution. his commitment to create more than 8 tax relief is only $36 billion. Thanks to Chairman DOMENICI’s re- million new jobs. We have come from a Finally, in an attempt to make the solve and guidance, I am once again time where we talked about deficit re- budget reach balance in the year 2002, proud to support and back a document duction but ran up more debt during President Clinton has to terminate his that brings this Government’s budget George Bush and Ronald Reagan than tax cuts in the year 2000, which reduces into balance. It has been 25-plus years all the years since George Washington the total tax relief provided in the since the Congress was able to do that, through Jimmy Carter. Now we have Clinton budget between 1996 and 2002 to and it is under the leadership of Sen- seen deficit reduction 4 years in a row. something around $6 billion. ator DOMENICI and the Republican ma- There are many other facts about Think about that. We are talking jority that we accomplished this goal. this economy that are important. The about net tax relief over 6 years of Last year we took this goal as close misery index is at the lowest point. about $1 billion per year. There are 250 as we could to the finish line by mak- That is a combination of unemploy- million-plus Americans. That means ing sure that Congress ultimately ment and inflation. It is at a very low the President’s tax cut, spread over six passed a budget that was in balance. point. As I said, we have fewer Govern- years, averages out to about $4 per Unfortunately, the President chose to ment employees than at any time since American per year. This amount is veto that budget. He chose to veto tax John Kennedy. hardly consistent with the promise cuts for working families. He chose to Does that mean everything is per- that was made during Clinton’s elec- veto reform of the Medicare Program fect? No, it does not mean everything tion campaign for significant middle- to help ensure the solvency of the is perfect. We have a long way to go. class tax relief. In fact, Mr. President, Medicare trust fund. And, he choose to We should have started yesterday by as I think about it, it probably means veto a budget that will give Americans passing an increase in the minimum one extra trip to McDonald’s per year relief from the high interest rates that wage. That is what we should be doing. for the average American family. result from uninterrupted Federal We should be reaching across the aisle But that is not the worst part. The budget deficits. years. to make life better for millions and worst part is that, while President Hopefully this year, when a balanced millions of working people who have Clinton terminates his tax cuts, his tax budget is presented to the President, seen that minimum wage go to a 40- increases are permanent. They go on we will have a different result. I hope year low in terms of its purchasing forever. The net effect is another tax he will sign that budget, and I hope he power. Seventy percent of the Amer- increase on Americans. Between 1996 will agree with us that it is time to ican people think it is an issue of fair- and 2006, President Clinton’s budget truly put the era of Big Government to ness, and we have a Republican leader would raise taxes on Americans by $50 rest and move in a different direction. over in the House who says he really billion. Add this new tax increase to The President’s budget does not real- does not believe there ought to be any the previous tax increases, and this ly accomplish that. The budget which minimum wage—there ought to be no Presidency will have cost Americans the Senate Budget Committee passed minimum wage. Can you believe it? 465 billion additional dollars through last week does. I look forward to work- The thinking that has taken over the year 2002. ing to see its adoption here on the floor this Congress since 1994 never fails to Contrast this tax increase with the of the Senate. amaze me. Yesterday, I said the pas- Republican budget. Our budget in- I yield the floor. sion that is being expressed on the cludes funding for the full-sized, per- Mrs. BOXER addressed the Chair. other side about reducing 4 cents on manent, $500-per-child family tax cred- The PRESIDING OFFICER (Mr. the gas tax should be matched by a it. Our goal is to reduce the tax burden ASHCROFT). The Senator from Cali- passion to increase the minimum wage for those taxpayers who need it the fornia. for our people. most—parents attempting to raise Mrs. BOXER. Mr. President, I am We already know from the experts young children. For a family earning pleased to be here today as a member that the oil refiners will probably get $30,000 per year in my home State, of the Budget Committee to talk about that 4 cents a gallon. When that issue Michigan, with two children, the child the differences between President Clin- comes before us, we are going to work tax credit would reduce their 1996 Fed- ton’s budget, which I voted for in the hard on the Democratic side to make eral income tax burden 51 percent. Budget Committee, and the Republican sure that money does go into the pock- That is real relief from what, under budget that passed on a partisan vote. ets of consumers, but even with that, President Clinton, has become the First, I wanted to point out that the we cannot ensure it. Let us say they highest tax burden on families in the Senator from Michigan complains got every penny, that is $27 a year, and history of this country. about the size of Government as a the deficit will go up. If it is made a That is the difference between the di- share of the economy, but he only tells permanent repeal, it will go up by $30 rection that we perceive Americans half the story, if that. What he did not billion. wanting to go and the direction they know is that President Clinton has re- So how do the people view this Re- would have under the President’s pro- duced the size of Government. There publican Congress when deficit reduc- posals. Our goal is to let American are fewer people working for the Gov- tion is supposed to be No. 1 and then we families earn more and keep more. Our ernment now than at any time since repeal a gas tax, which will probably go goal is to give American families a John Kennedy was President. into the pockets of the oil companies, chance to keep more of the dollars that Let me repeat that: There are fewer and then we are going to have to find they earn and to be able to use those people working for the Government out how we are going to make up that dollars to help their families, particu- now than at any time since John Ken- money? The latest plan is to do a one- larly those families in the middle class nedy. time fee on banks. But the fact is, that who are struggling to make ends meet, Spending by the Federal Government fee on banks is supposed to be put aside working hard and playing by the rules. now is 22 percent of the economy. But in case there are bank or savings and

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5038 CONGRESSIONAL RECORD — SENATE May 15, 1996 loan failures, not to be used up on a gas than this first point, $56 billion more care than does President Clinton’s tax repeal. to education and job training in Presi- budget—$50 billion more. It is hard to What does that all have to do with dent Clinton’s budget than in the Re- imagine what $50 billion would look the budget? I think in many ways it is publican budget, if there was not one like. But taking $50 billion out of Medi- symbolic of the kind of budgets we are iota of difference other than that, I care more than the President—more going to see presented. One, in my would say vote for President Clinton’s than the President—and saying that view—and that is President Clinton’s budget, which is, of course, what I in- system can survive is simply not so. As budget—really does put people first, tend to do. I understand it, all of the costs would and the other, the Republican budget, I There are more important things as be put on to the hospitals in this par- do not think puts people first. Of well—Environmental Protection Agen- ticular plan, and hospitals will start course, it is up to the American people cy enforcement. I see the Senator from closing; we will lose emergency rooms to decide. Arkansas is on the floor, and yesterday and we will be in big trouble. I think I am going to just show the dif- I thought he made a spectacular state- our senior citizens deserve better. ferences in the budget, as I see them. I ment about the importance of clean air Republicans cut $18 billion more than will use a chart to do that, because I and clean water and an environment the President out of Medicaid. I hope think it is one thing to talk about how we can hand down to our children that to have an amendment to talk about we feel about the budget, which we all is at least as beautiful as the one we the Medicaid issue. Who is on Med- will do, it is another thing to put the inherited. You cannot do that without icaid? The poor children, the poor fam- numbers behind our statements. enforcement. ilies, and two-thirds of our senior citi- So I have tried to highlight from my We had this argument in the 1970’s zens in nursing homes are on Medicaid, perspective as a Budget Committee when, under President Nixon, we set up our grandmothers and our grand- member some of the most important the Environmental Protection Agency. fathers. differences in the two budgets. I want That was bipartisan. What has hap- What do you suppose is going to hap- to talk about education and job train- pened to the environmental issue? We pen when you take $18 billion more ing. cannot find support for environmental than the President did out of Medicaid? If people from another country were protection on the Republican side of Nothing good will happen, I can assure to ask me what makes our country the aisle. you. We have already had the scandals great, I would say it is because we have It takes inspectors to enforce the in the nursing homes in the 1980’s. I do a great middle class and everyone has a laws, to make sure that companies are not want to live through that again. chance at the American dream. not polluting and that when they do, We cannot take these kinds of dollars And then if they asked, ‘‘Why do peo- they pay to clean it up. It takes dollars out of Medicare and Medicaid and have ple have a chance at the American to clean up Superfund sites, most of a system that functions and a system dream,’’ I would say, ‘‘If I had to say which are very close to our populated that works. Then if you do the medical one thing, it would be education.’’ cities. savings accounts on top of that, which I happen to be a product of public I visited one of them in San is also, as I understand, assumed in schools, all the way from kindergarten Bernardino, CA. The cleanup was this budget, the healthiest and the through college. I was very fortunate stopped because of the Government wealthiest will leave a lot of our plans, to have a good education in public shutdown. We could not get the money including Medicare, and it is going to schools. In college, I went to the State to clean it up, and the pollution and make matters far worse when the university. It cost me $12 a semester. It the toxic waste was about to penetrate healthiest and the wealthiest leave the was amazingly affordable. Of course, as into the water table. Thank goodness big insurance pool. I go around my State, the people who we were able to get those funds after The earned income tax credit. Repub- like me say, ‘‘Look at that Senator, the Government reopened to begin licans cut $12 billion more than the she’s a product of public schools.’’ Of cleaning up that site. That is just one President in the earned income tax course, the ones who do not say, ‘‘See small example of the problems that we credit. What is the earned income tax what public schools can do; look at have. credit? It is a credit given to those in that Senator.’’ Years ago we did not know that some our community who work very, very The fact of the matter is, it is edu- of these chemicals were very dan- hard for very low wages. And the pur- cation that is the key to the American gerous, that they could sink down into pose of it is to ensure that they do not dream, and today it is more than edu- the water table. But we know it now, have to go on welfare. And it is really cation, it is education and job training. and if we do not pay the price now, we a very important, very important tax As our President has said, many of us will pay it later. How wise it is to clean credit for those at the bottom of the will have seven and eight jobs in a life- up those pollutants now before they scale who work so hard and do not time, and we need the constant retrain- get into the water table and people want to be on welfare. Yet, the earned ing, the reeducation. I know people of cannot drink the water, and if they do, income tax credit, which was really my generation have had to learn how they get sick. I just read a recent re- praised highly by President Reagan, to use the computer. It is not that port that they have traced chemical President Bush, bipartisan, is hurt easy, but it can be done. pollution in the water supply to child- deeply in the Republican budget. The fact is, if you look at the two hood leukemia. However, there is one area where the budgets, the President’s budget and the The fact of the matter is, it is short- Republicans spend more. Guess what it Republican budget, the President adds sighted to shortchange the Environ- is? It is the Pentagon. They spend $11 $56 billion more to education and train- mental Protection Agency, and that is billion more than the Department of ing than does the Republican budget. a difference in our budget. Defense asked for. Let me repeat that. That is a fact. Both budgets balance in Let us get to the issue of Medicare. I In this budget, if you vote for it, you the timeframe of 6 years. Both budgets thought we had the fight over Medicare are voting for $11 billion more than the balance. So we do not have to argue in the sixties, and we decided it was Department of Defense, the admirals about that. That is resolved. The ques- shameful and morally reprehensible and the generals, asked for. I do not tion is, what are your priorities? What that half of our senior citizens had no get it. I do not get it. do you want to invest in? And I think health insurance. We have the strongest military in the that this Democratic President is cor- We passed a good law, the Medicare world, and we should keep it that way. rect in saying we must invest in edu- law. It has worked. Do we have to We spend more than any other nation. cation. make sure that the Medicare system is I am going to tell you exactly what we What the Republicans do is actually, sound? Do we have to make corrections spend compared to other countries. compared to 1996 levels, decrease by and reforms? We do. And the President Here is a chart that shows that the $3.2 billion over the next 6 years what does in his budget. He makes that fund U.S. military budget spends more than is spent on education. I just have to safe until at least 2005. the next five countries combined. I say, if there were no other differences But what does the Republican budget want to thank Senator SIMON for shar- in this budget, no other differences do? It cuts $50 billion more out of Medi- ing this chart with me. He had used it

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5039 in the Budget Committee. So here we That is why this debate is so exciting stricted, unrestrained Federal spend- see the United States, $264 billion; Rus- and so important. It can sound a little ing. That is why we are here today to sia, $98 billion; Japan, $54 billion; boring when you talk about technical introduce a balanced budget which will France, $41 billion; the United King- terms such as ‘‘real freezes’’ and ‘‘hard protect those children and that oppor- dom, $35 billion; and Germany, $34 bil- freezes’’ and all the rest and technical tunity for an American dream for those lion. assumptions, ‘‘CBO’’ and ‘‘OMB,’’ and children. Let me make a point. Let us just say all the things we talk about in our It really boils down to the whole con- for purposes of this that Russia is not budget meetings. cept of long-term thinking. We, in this our friend. Of course, the cold war is But behind all those words is reality. town, too often think in terms of 1 over and she would like to join NATO. The reality is, what do we believe in? year or 2 years. It is time for all of us But for the purposes of this conversa- What do we believe will make us great? to come together and think in terms of tion, let us say Russia was not our If we can, in our budget, invest in those that long term. In my own career of friend, because there are elections things that will make us great, in the medicine, before coming to this body, coming up and we are nervous about it, context of a balanced budget, because you do an operation to possibly get I understand. All the other countries— we need to do that—we need to do that. through a short-term, acute problem, Japan, France, the United Kingdom, We are wasting so much on interest but you do it for the long-term quality and Germany—are our very close al- payments on the debt. We have to get of life for that individual. It is this lies. So if you take what America a handle on that. And we do in both of long-term thinking that all of us need spends, and you add what our best the budgets before us. The debate can to engage, bring to the table in this friends spend, I mean, we are up there now focus on these differences, these budget debate. in the stratosphere. We do not have to things. Long-term thinking clearly means lose sleep at night about the size of our So, Mr. President, it is indeed an reducing spending and reforming enti- military budget. honor for me to partake in the debate. tlements, something that is tough to And the fact of the matter is, the I want to thank Senator EXON, our do—and this is a political year—really kinds of threats we now face are very Democratic ranking member, for all any year. All of us are dependent on different than the threats that we the hard work that he has done and the reaching out to the public. Telling the faced in the height of the cold war, staff has done. I want to thank the public, broadly, that entitlements, or when we worried about interconti- President of the United States for giv- benefits established by law and paid to nental ballistic missiles and we wor- ing us a budget that I think we can be any eligible beneficiary—and we define ried about nuclear weapons. Thank very proud to vote for. It is fiscally re- that the eligibility requirements, re- goodness times have changed. Are they sponsible. It makes the tough and hard gardless of cost, are what are driving risky times? Yes. Are they dangerous choices. It comes to balance, but it this country to higher and higher debt times? Yes. We can never not be vigi- does it in a way that makes the right and larger deficits over time —it is the lant. But the threats are different. And investments: Education, environment, result of the automatic-pilot spending the costs should reflect the different Medicare, Medicaid, the earned income that causes entitlements to be the types of threat. tax credit, and a sensible number for largest and fastest growing portion of We are far more threatened by ter- defense. our Federal budget. rorism, for example, than we are from You put that altogether, and I think On this chart—and it is a familiar an intercontinental ballistic missile. you have a pretty good roadmap into chart to many of us on the budget com- And you need different things to pre- the next century, one in which Amer- mittee, but it is one that is worth im- pare for that than you do that type of ica will truly be the economic leader of printing in our minds because it shows a star wars threat that we used to feel the world, and also the moral leader of the problem that we have, not just in in the cold war days. So with all of this the world. 1996 and 1997, but on into the next cen- information, the Republican budget Thank you very much, Mr. President. tury. The chart is very simple. It shows adds yet another $11 billion. I yield the floor. Federal spending; that is the height of I want to hearken back to what The PRESIDING OFFICER. The Sen- each of the bars. It starts in 1970 and Dwight Eisenhower said, general and ator from Tennessee. comes to where we are right now, 1990, President, a Republican. He said, it is Mr. FRIST. Mr. President, I rise then to the year 2000, and on into the very important to educate our chil- today as a member of the Budget Com- next century, the year 2030. dren; that the defense of our Nation is mittee in strong support of the 1997 The green line is the revenue that not only in the size of its arsenal, but balanced budget resolution. I want to comes in to Washington, DC, the tax- how educated our children are. He is commend the diligent work of our payer dollars, the amount of money the one who brought to the Congress in chairman on that committee in moving that is coming in. We can see, over the 1950’s the National Defense Edu- this legislation to the floor of the U.S. time, as a percent of GDP—gross do- cation Act. He called it the National Senate. mestic product—that is constant. It Defense Education Act because he As we begin our debate, I hope we has been constant for decades and will knew, if we are going to be strong, if will keep our Federal debt in perspec- be for decades, right at 19 or 20 percent we are to defend America and its prin- tive. As of today, the Federal Govern- of GDP. We can see, of interest, that ciples and its democracy, it takes an ment is $5 trillion in debt, more than the income coming in, the revenues, intelligent country and it takes young $19,000 for every man, woman, and child matched in 1970—the last time it people who are ready to learn. in America. The whole concept of $1 matched—Federal spending. Why? We I will tie that into a conversation I trillion is so difficult to understand. have not had a balanced budget in al- had with the entrepreneurs in the Sil- An analogy I use to explain how much most three decades in this country. icon Valley. I am so proud to represent a trillion is, I go back to a very simple We can see through the 1980’s and the them here in the U.S. Senate. When I way of thinking about it. That is, if 1990’s that the Federal spending out- went to see them when I was running you started a business on the day that paced the revenues. That is why we for the Senate back in 1992, I said, Jesus Christ was born, almost 2,000 have the deficit each time. We add up ‘‘Tell me the one thing I could do for years ago, and on the day he was born each of the deficits, and we get the $5 you if I become your Senator.’’ I fully you lost $1 million and you lost $1 mil- trillion debt. In red are the entitle- expected them to say something like, lion every day since the day he was ments. There are basically five entitle- ‘‘Well, cut our taxes.’’ They did not say born—$1 million every day—you still ments—there are really more than that. They said, ‘‘If you become our would not have lost $1 trillion. that: Social Security, Medicare, Med- Senator, get us an educated work force. We in this country have a $5 trillion icaid, pensions, and welfare spending. Get us an educated work force.’’ Today debt. Looking at this problem from an- Look at the dramatic increase, his- they are hiring foreign workers be- other angle, a child born today owes torically, over time, to where we are cause they are not getting the skills $187,000 just on interest on the debt today, in the red, in entitlements. here that they need. The answer lies in over his or her lifetime. We clearly They are on autopilot. The interest is this budget. cannot sustain this course of unre- the amount of money, the interest on

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5040 CONGRESSIONAL RECORD — SENATE May 15, 1996 the Federal debt. It is the amount of term? Because if we look out again in Medicare going broke in a few short money that we are paying each year we 14 or 15 years, in the year 2012, the en- years. have to pay on the $5 trillion debt that tire Federal budget will be spent for This chart shows overall assets of the is out there. As the debts increase, the entitlements and interest on the debt, trust fund in billions of dollars. You amount of increase over time has in- with absolutely no money left over for can see that we were spending more creased. defense, medical research, roads, na- than we were taking in beginning last In the blue, looking at 1970, we have tional park, and infrastructure. This is year. This is 1994. In 1995, we went into discretionary spending. Discretionary what happens if we do not act, if we do the red in the Medicare trust fund spending is that spending that is for not act in this body, in a bipartisan spending, the actual cash flow going in the sorts of things that we just talked coming-together, in a reasonable way. and out. That deficit spending has in- a little bit about earlier. That is our Clearly, we face a monumental fiscal creased this year, will increase this national parks, defense of this country, crisis if we do nothing. This 1997 bal- year, the year after that, and the year education, roads and infrastructure. anced budget resolution, which came after that. Meanwhile, this trust fund Notice how, over time, the blue is get- out of the Budget Committee, begins to is going down, down, and down, where ting smaller as the red gets larger on solve this long-term problem by reduc- in 4 to 5 years the trust fund will be autopilot. ing spending growth and reforming en- bankrupt. What is frightening—and the reason titlements. Over the next 6 years, our I should add that these projections why I want to show this chart—is what resolution will slow spending by $441 have gotten worse over the last year. happens in 4 years, 10 years, in the year billion. More importantly, 85 percent of Last year, we said it is not going to 2000, 2010, and 2020. Revenues stay the these spending reductions target man- start going bankrupt for a year and same and there is a huge growth in datory programs, those automatic pilot will not really go bankrupt until 2002. overall Federal spending. Unless we do entitlements that are driving us deeper Well, over the last 14 months of doing something, this is inevitable. This is and deeper into debt. nothing in the U.S. Congress, Medicare agreed to in a bipartisan way. These Our budget, unlike the President’s is going bankrupt more quickly. are data that are generated by a num- budget, addresses this problem of This chart shows this whole concept. ber of sources that, again, both sides of growth in entitlements and interest We sort of looked at cash flow in the the aisle accept. It is inevitable. The over time, which ultimately eliminates last part, how much is coming in and reason it is inevitable in some part is discretionary spending. Now, long-term going out. If we look at actual bank- because of our aging population, be- thinking also means strengthening and ruptcy—I took a chart that we used cause we had a baby boom back 30 improving programs that are critical last year, based on the Medicare trust- years ago now which will be traveling to the health care of our Nation. ees’ report of last April, and updated through, which at the year 2010 will Of the 400 entitlement programs in that chart. This chart looks at, in bil- hit. the budget, I want to briefly comment lions of dollars, how much the trust Now, 2010 sounds a long way away, on two—Medicare and Medicaid. It is fund has in assets. When it gets down but in truth it is 14 years away. You the long-term decisions that we make to this line, Medicare is actually going can see in the year 2010, 14 years away, about these programs that are crucial bankrupt. This is 1985 to 1995. It that entitlements, in the red, and on because it is they that are the fastest projects out to the year 2004. The line the debt, in the yellow, consume all growing entitlements, and it is they that I used last year, which was in the Federal revenues in 14 years unless we that provide the critical health care Medicare trustees’ report, was the blue do something. The last year and a half services that over 37 million senior line. From 1985 to 1995, as you can see, we have not done anything. Unless we citizens depend upon and over 30 mil- the Medicare part A trust fund looked do something, we will have no money lion people below the poverty level. It better and better and better. However, left over for the discretionary spend- ing. This is education, national parks, is a little disappointing because I have we saw, beginning last year—not this research, science, and defense of this been in this body about a year and a year, and we saw it on the previous country. That is why we must come to- half to 2 years, and we have made abso- chart—we started deficit spending. gether and act in a reasonable way. lutely no headway in saving, strength- This is what we projected last year. The growth of mandatory spending ening, and simplifying Medicare. Yet, This is 1995. That is, Medicare would be we can look at differently to drive the problem has been laid out for us bankrupt in the year 2002. I should add, home the problems that we have. That now almost 2 years ago. when Medicare goes bankrupt, by law, is really in this second chart. Manda- Politicians all too often have been no hospitals can be paid. So when it tory spending—what we spend if we do negligent in telling people the truth goes bankrupt, that means that care nothing—on entitlements and interest about Medicare’s really precarious fi- will actually be denied. That is inevi- on the debt are consuming an increas- nancial situation. Let me say at the table, unless we act. Well, last year, we ing portion of our Federal budget pie. outset that, as a physician, I have presented a plan to the President of the This chart, I think, describes that and taken care of thousands of Medicare United States that would save Medi- explains that very well. We have man- patients personally, day in and day care, would change the course of this datory spending in 1965, overall spend- out. It is the world’s largest insurance line on out into the future. Yet, it was ing in 1965; overall spending in 1995 is program. It is hugely popular among 37 vetoed by the President. Now we have shown by the middle pie; and then million participating Americans. It is yet another opportunity to salvage, to looking on into the future. This is our giving seniors and individuals with dis- save and strengthen Medicare. overall budget. The red is entitlements; abilities unprecedented access to the Look what has happened in the the yellow is interest on the debt; and great health care system that we have course of the last year and a half of the discretionary spending is in the today. It has prolonged and improved doing nothing. That is where I have up- light blue. the lives of millions and millions of dated this chart. That is where the red Look what happens between 1965 and Americans. Thus, we must work to- line comes in. Based on the predictions 1995: Entitlements and interest on the gether to strengthen and save this pro- by the Congressional Budget Office, we debt in 1965 consumed about one-third gram. see that Medicare is not going to go of our overall budget; by 1995, the dis- The truth is depicted again in this bankrupt in the year 2002. But now it is cretionary spending and the mandatory chart, though. This is the Medicare going to be going bankrupt in the year spending have flipped. We can see enti- hospital trust fund, the so-called part 2000—and nothing else has changed— tlements and interest on the debt now A trust fund. It started going broke unless we act. In this balanced budget consume almost two-thirds of the over- last year. If I were to come into any resolution, I will show you, shortly, all budget, with the discretionary small business and say, ‘‘You are going how we will extend these lines out and spending having consumed before two- broke right now,’’ what would they do? preserve Medicare. thirds, now only one-third. We must They would react, go back and develop Surely, we must save and strengthen act. a strategic plan. They would react on and simplify this program. We have to Again, why do we need to act today that day. Yet, we sit in this body and lay aside the politics and focus on pro- for the long term and not just the short have not yet done one thing to reverse tecting those Americans. I think of

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5041 those thousands of patients who I have nately, Medicaid, with this inexorable not solve that problem without some taken care of myself, and who were growth, is bankrupting our State budg- fundamental reform. What the Presi- treated for heart disease, lung disease, ets, who have Medicaid being the larg- dent has done, unfortunately, is take emphysema, and had lung cancers est single entity in the States’ budgets, assets out of the part A trust fund, taken out, and who have gone through driving out spending on other very use- move them elsewhere and say, now the coronary bypass surgery. Those are the ful causes, like police, crime, and edu- trust fund is going to be solved long people I have seen and the people we cation. term. It is just not right. It is just not have to be responsible to in preserving Let me say at the outset that noth- true. That is a gimmick. We have to this program. ing in our balanced budget resolution have fundamental structural reform if This chart shows the Medicare hos- constitutes a cut in Medicaid—abso- we are going to look at the long-term pital insurance trust fund with what lutely nothing. solvency of that part A trust fund. President Clinton and Republicans we have before us today in this bal- I guess I want to comment lastly on both attempted to rein in growth and anced budget resolution, with what the the President’s ‘‘spend now, save spending and protect the eligible popu- President has proposed and will be later,’’ proposals for discretionary lation. The differences are going to be talking about later today, and what we spending. This chart looks just to the hammered out in the committee. But will discuss on this floor today and to- nondefense discretionary outlays, the let me just say what we started with. morrow. Under current law, again, this spending that is out there. The red is shows that Medicare will be going We started with the bipartisan co- operation in working with the Nation’s the President’s plan. The green is the bankrupt in the year 2000 if we do noth- Senate-reported plan that we have on ing. That is the red line. Well, the Governors, 48 of whom got together and passed out unanimously a proposal the table now. It is $270 billion in over- President, in his proposal—once you all spending, fiscal year 1996, where we get rid of the gimmicks of moving that we agree with. Their plan was de- signed to protect all current law eligi- are today, going out to the year 2002 home health care and part A of the over the next 6 years. The difference in trust fund elsewhere, which is a gim- bles and included in the umbrella a fund for emergencies. this plan is very clear—increased mick—if you put that aside, you can spending in these early years by the see that under the President’s pro- To preserve the important safety net which must be there, Medicaid spend- President’s plan in nondefense discre- posal, in green on the chart, the hos- tionary spending where we have real pital trust fund is extended for 1 year. ing under our plan, our proposal, will We have to get away from this short- increase 25 percent over the next 6 numbers coming in addressing the term thinking and look on into the years. There are $54 billion more in our problem today, not focusing on just the next century. The baby boom does not bill than in last year’s budget resolu- first 2 years, but the long term. even hit until 2008. We have to be pre- tion. It is not a cut. The program will The President has certain trigger pared for the year 2008 and extend sol- continue to grow at a rate of about 6.5 proposals which will come into play vency for 10 years. That is what our percent under our proposal, which is these last few years, and I think they balanced budget proposal does. The bal- important—two times the rate of infla- really defy common sense. The Amer- anced budget proposal—the one we will tion—and it will grow a total of 46 per- ican people need to recognize these be debating and discussing—extends cent from 1996 to the year 2002. proposals as gimmicks that are anti- the life of the part A trust fund, which Let me also add that as we strength- thetical to our efforts to balance the is the heart of Medicare, out for 10 en Medicare, improve Medicare, and budget. No American family or indi- years. That is an objective that the save Medicare for the future, and as we vidual would conduct their financial President said he would like to see out improve, simplify, and strengthen the affairs in this manner, and their Gov- there. It is something I feel strongly Medicaid programs, we must also rec- ernment should not either. The prob- about. Remember, out in the year 2006, ognize that biomedical research must lem is now. Let us address the problem we are going to have a whole new set of and will remain a priority for our Na- now, not increase spending hoping, problems we have to address. In the tion’s long-term health care needs, hoping, that it will be addressed in the proposal before us, we extend for 10 again going back to the importance of future. years the solvency. The President ex- thinking long term and not just short I look forward to offering a sense-of- tends it only for 1 year. If we do noth- term. In this field of biomedical re- the-Senate amendment on the floor ing, it will be going bankrupt in the search, shortsightedness would only that will oppose these discretionary year 2000. yield some quick remedies that would triggers and support commonsense With regard to Medicaid, which is the really, I think personally and based on budgeting. second area I want to discuss, I think my experience, potentially endanger we have a historic opportunity to work lifesaving breakthroughs from con- Our constituents deserve nothing less together to preserve what has become tinuing research. than a courageous forward thinking and needs to be a real safety net for The 1997 budget resolution allows us leadership here in Washington. All of women, children, senior citizens, and to maintain funding for the NIH, the us know that today they want us to our disabled population. National Institutes of Health, at the balance the budget. Today they want Let me, again, say that about 35 per- level of funding secured last year and us to save Medicare from bankruptcy, cent of the people who I have trans- an increase of 8.8 percent, or almost $1 which is inevitable if we do not act. planted hearts into are below the pov- billion, more per year than in last They want us to reform Medicaid to re- erty level and benefited by having Med- year’s budget resolution. Their com- turn welfare to workfare, to provide icaid. So, again, my experience with mitment will help to preserve our posi- tax relief without resorting to budg- this whole health care issue is pretty tion as a world leader in biomedical re- etary gimmicks. We do need to trans- real in that 35 percent of all the people search. form Washington from that 2-year I have transplanted benefited by hav- Finally, Mr. President, long-term town that looks to the next election to ing Medicaid, which served them very thinking means avoiding budget gim- a 20-year town that looks to the next well. The problem is that Medicaid, micks. Earlier I spoke very quickly generation. today, takes up 6 percent of total Fed- about a gimmick that I find very trou- We can start that today as we get eral spending and about one-fifth of bling in the administration’s budget of this whole budget discussion underway State spending. Unless we act, we will transferring home health care, which is this morning and in the afternoon, over see about a 155-percent increase in just growing at about 17 percent a year, the next 50 hours, by eventually pass- 10 years. from one part of Medicare to another ing this 1997 balanced budget resolu- This increase in Medicaid spending, if to make us feel better about part A. tion. you look at it just from last year to Medicare is part A, the hospital trust I would like to briefly yield time, if I this year, is more than we spent in fund we have talked about, and part B, might, out of my time to Senator whole on mass transit, on all criminal which is physician services, we focused GRAMS, my friend from Minnesota. investigations, on pollution control on a lot over the last year and a half. and abatement, and on the National Part A, the hospital trust fund, and Mr. EXON addressed the Chair. Science Foundation. That is just how the data that we just talked about, is The PRESIDING OFFICER. The Sen- much the increase has been. Unfortu- the hospital part A trust fund. We can- ator from Nebraska is recognized.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5042 CONGRESSIONAL RECORD — SENATE May 15, 1996 Mr. EXON. Mr. President, I would say again, is run by the Republicans— The numbers that have been released like to briefly respond to the remarks it has a director who makes these deci- recently are that things are getting and comments of my friend and col- sions after listening to staff that are worse, that part A—40 percent of the league from Tennessee. Republicans—June O’Neill says in that overall Medicare Program is part A—is Could I see that chart that he just May 9 letter to me, ‘‘The Congressional going to be insolvent. We were told in had there about the trust fund going Budget Office estimates that the ad- 7 years. Now we know it is going to be broke? ministration’s proposal would postpone 6 years, which, since it has been a year, Mr. President, here is one of the this date,’’ or the date when it could be is only 5 years from now. That is scary. things that I am most concerned about. in some trouble, ‘‘to the year 2005.’’ That is scary. I think we all recognize that we have a I simply say, Mr. President, it is not But contrast that with the number of problem, and we all are trying to work necessary for us to talk about this things you see on television. Every together to solve it. I do not think it is going broke and indicate that the time I go back to Tennessee they say, particularly helpful for us to show on Democrats and the President of the ‘‘What are you people trying to do with television charts that scare the devil United States are doing nothing about our budget and Medicare, trying to out of the senior citizens of America. it when that is not the case. slow the growth from 7 percent to 6 The Medicare fund is not going to go The Senator complains about percent,’’ which is what we were trying broke. Everybody knows it is not going backloading, about backloading in the to do last year and that is what we are to go broke because the Congress, President’s budget. Take a look at the trying to do this year. whatever it has to do, is going to step Republican budget. It is like the kettle That scares seniors. That scares sen- in and stop it. The fact of the matter is calling the teapot black. There is little iors. If we do not do anything, that pro- that while we keep criticizing what the difference with regard to the gram is going broke. It is gone. The 70- President of the United States has backloading in either the Democratic year-old people who need heart sur- done, as I demonstrated by charts ear- plan or the Republican plan, and we gery, who I operate on, are not going to lier on today—listening to people on should be honest about it and not mis- get it. the floor of the U.S. Senate that have lead the American people. It seems to I have not been around that long, but recently come into the Congress, you me you would have to agree that under maybe by the year 2000 they will come would think they are the only ones who my calculations, both budgets, both in with some huge tax increase or strip have any expertise or knowledge on the Democratic budget of the President back benefits in the year 2000, but that how to balance the Federal budget—as and the Republican budget, achieve ex- is the only thing that will save the pro- I showed vividly with charts this morn- actly the same amount of deficit reduc- gram. Nothing else will do it because it ing, it was the President of the United tion—82 percent of it in the last 3 is inevitable; it is going bankrupt, part States, Bill Clinton, who has come on years. A, the hospital part of the trust fund. Let me repeat that. You hear this board and at the urging of some of us So we have seen a lot of scare tactics talk about backloading. Backloading who have been fiscal conservatives for out there over the past year and a half. means that you do not make the cuts a long, long time and very much con- Those scare tactics have been on tele- upfront now. You wait until the 6th cerned about the skyrocketing budget vision, paid advertising. They scare and 7th year of the budget. So that is deficits annualized at about $300 bil- every senior citizen. Every person over after Bill Clinton will have finished his lion, Bill Clinton is the one who has re- the age of 50 will come up, because second 4-year term as President of the versed that course. For the first time they are scared, and say, ‘‘Don’t touch since man’s mind runneth to the con- United States or that is after our good anything, because what we can see on trary, we have seen a dramatic turn- friend, Senator BOB DOLE, would finish the television ads, if you reform the around in the annual deficits of the his first 4 years as President of the system, we are not going to have a United States of America. United States. But both are guilty of I only say, once again, that all of the same thing. And I wish to lay down health care system at all.’’ Those are the scare tactics I am these things that are being thrown the marker now, that when you hear afraid of. I have just presented the around by those on that side of the about backloading, it is a plague on facts in terms of bankruptcy. I agree aisle who fought without a single Re- both of our houses. XON. We need to work publican vote against the deficit reduc- Mr. President, 82 percent of the def- with Senator E tion proposal advanced by the Presi- icit reduction or savings in both the together. Clearly, both budgets have dent of the United States and sup- President’s plan and the Republican their real problems. These numbers ported by Democrats was the only time plan is in the last 3 years. So I simply came from CBO scoring, that right in 30 years that we have had a turn- say that there is probably little to be now, if you look at the hospital trust around in the annual deficits. gained if you want to talk honestly fund—these are CBO numbers, Congres- When I see people talking about the about who is the worst backloader. sional Budget Office numbers, that trust fund going broke, unfortunately, I reserve the remainder of my time came from June O’Neill’s staff to our I feel it is a means of scaring senior and yield the floor. staff that have been released and part citizens. I tell the senior citizens that Mr. FRIST addressed the Chair. of the record we talked about in the the fund is not going to go broke. Of all The PRESIDING OFFICER. The Sen- Budget Committee—it is going bank- the criticisms that have been made ator from Tennessee. rupt in 5 years—the red line—if we do about how bad and how gimmickry the Mr. FRIST. Let me just very briefly nothing. President of the United States is with respond because I know we have a num- Under the President’s plan, if you re- his proposal, I cite once again, and, if ber of colleagues here. I guess the one move the gimmickry of the $55 billion necessary, I will read it once again. element that I would like to respond to in home health care—it is just moved Let me repeat what June O’Neill said is the scare tactics, because it has been to the side—CBO said it extends the on May 9, 1996, in a letter to me after a fascinating year for me. I have only life of the trust fund for 1 year. I made a request for her, June O’Neill, been here for a year and a half, and I do Our proposal, according to CBO, June the Republican appointee as head of not have all the answers to the budg- O’Neill’s group, says we have 10 years the Congressional Budget Office that etary problems that we have today, but in our report. This, again, comes from we all look to as a guiding light today if we look at the issue of scare tactics, the Congressional Budget Office. and the umpire, if you will, on disputes the numbers that I showed you in I thank the Chair. I yield the floor. between the political parties. She said, terms of the chart and Medicare going Mr. GRAMS addressed the Chair. ‘‘Under the law, the trust fund is pro- bankrupt were given to us, given to The PRESIDING OFFICER. The Sen- jected to become insolvent by 2002.’’ this body, by the Medicare trustees, a ator from Minnesota. So we agree with that part. But when bipartisan group, three members of UNANIMOUS-CONSENT AGREEMENT we talk about going busted, that is President Clinton’s Cabinet, and that Mr. GRAMS. Mr. President, first, in something else—going bankrupt, pro- is the chart that comes directly out of business to come before the Senate, I jected to go bankrupt. their numbers. They tell us that it is ask unanimous consent that the Sen- June O’Neill goes on to say that the an urgent problem; it is going bank- ate stand in recess today from the Congressional Budget Office, which, I rupt—again, bipartisan. hours of 1:30 to 3:30 and that the time

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5043 during recess then be charged equally watch the Government is taking more duced the excise tax on air fares, when from the budget resolution. By the from the paychecks of middle-class the Government tax went off, that was way, this does have the approval of the Americans than ever before. immediately passed on to the consumer minority side as well. Let me repeat that. Despite all the in a rebate. But no matter what that The PRESIDING OFFICER. Is there claims you hear about Bill Clinton question might be, we do know one objection? doing well with the budget and the def- thing, the $5 billion in that increased Mr. EXON. There is no objection on icit, tax freedom day is a week later gas taxes come out of the pockets of this side, Mr. President. under Bill Clinton than ever before be- taxpayers and it has gone into the The PRESIDING OFFICER. Without cause, under the watch of President pockets of bigger Government. objection, it is so ordered. Bill Clinton, he is taking more money When we talk about cutting and Mr. GRAMS. Thank you very much, out of the pockets of American tax- backloading our budgets, and we are Mr. President. payers than ever before. charged we do not do any better than I rise today with great pride in sup- I also want to make a couple of notes what the President has proposed in his porting the budget resolution for fiscal on some of the charges or responses we budget—there are some very stark dif- year 1997, and I commend the distin- have heard today from some of our ferences. Our budget, over the life of 7 guished chairman of the Senate Budget Democratic colleagues, and I will just years, begins to trim the size and scope Committee, Senator DOMENICI, and my go back to Senator EXON and some of of the Federal Government and we will colleagues on the committee for draft- the comments he made, that Congress enjoy compounded savings in the ing a piece of legislation of which will step in to save Medicare. Senator fourth, fifth, sixth, and seventh year of every American can be proud. FRIST of Tennessee is more of an expert our budget. But the President’s plan This bill, more than anything else, is on this than I am, and he has done a takes 100 percent of its backloading re- about promises, making promises and good job of laying it out and trying to ductions in the last 2 years, and it keeping them. The American people explain what happens, but we know the takes it directly out of discretionary have every reason to be cynical about President is using smoke and mirrors spending. I do not think there is one political promises. They hear so many when he says he is going to take $55 Member of this Congress who could of them, and they hear them repeated billion out of Medicare and move it stand up and tell the mayors and Gov- so often that it is easy to begin to tune into the general fund so it will make it ernors of this country and others they them out. Yet, something resonated look like it is solvent. And when Mr. are going to make that deep of a cut in with the voters when we went to the EXON says Government or Congress the last 2 years. That will not happen. people back in November of 1994 and we will step in to save it, what does he So we do have some differences in promised that we would take this coun- mean? The President has ignored the how we achieve the balanced budget. It try in a better direction if they elected issue. How they would step in and save seems they always try to find some a new majority to Congress. it would be to raise your taxes. good out of a bad situation. On the Last year we redefined the role of the Let us not talk about it today, but if farm you would call that trying to Federal Government when we laid out we get the opportunity we will come in make a silk purse out of a sow’s ear. a plan for the Nation’s future unlike and we will raise our taxes. Also, about But the news is more discouraging for anything that the people have seen the claims that they passed the 1993 taxpayers of Minnesota because na- over the last 40 years. Up until then, budget plan without a single Repub- tional tax freedom day came and went they had always been told that big lican vote, we are very proud of that, 8 days ago, but Minnesotans do not Government was good Government; that we were not part of raising taxes keep their own dollars until today. that we could keep spending as much in 1993. That is, 136 days into 1996, because of as we wanted and never get stuck with My colleague from California, a few higher State and local taxes, and the the bill; that Washington knew best. minutes ago, was talking about a differences in the Federal tax burden, That was nothing more than a fairy smaller Government today under Presi- Minnesota is tied with Wisconsin in tale. Our budget pointed toward a more dent Clinton than ever before, and a having the fourth latest tax freedom realistic, more responsible path, and higher Government level under Presi- day in the Nation. Only the residents we passed that into law only to have it dent Reagan in the 1980’s. But I think of Connecticut, New York, and New vetoed by a ‘‘pie crust’’ President that is when you take into consider- Jersey pay higher taxes than we do in whose promises are easily made and ation all military personnel as well. Minnesota. That is nearly 20 weeks, easily broken. The truth is, under this administration over 800 hours on the job, just to pay Now the second installment of our we have more bureaucrats and more Uncle Sam. balanced budget promise is before us people working in Government outside and we have a second opportunity to of the military than at any time in his- By imposing his record-breaking $255 take our case to the people. Our budget tory. So they have not shrunk the size billion tax increase in 1993, again, recognizes that we do have a responsi- of the Federal Government. They have President Clinton bears the responsi- bility to guarantee our children a debt- shrunk the size of the military in order bility for ever-increasing tax burdens free future and that balancing the to come up with those numbers. from singles to families to seniors to budget without raising taxes must be a Then lower deficits, the reason we job providers. Every segment of society priority of this Congress. have lower deficits today is because of has felt the pinch. Motorists were hit Mr. President, it is ironic that we higher taxes. They are taking more especially hard by the President’s gas begin debate on the budget resolution money from the average taxpayer to tax increase, which again boosted the today, May 15. Each year, the non- offset the increase in spending. Also, cost of gasoline by nearly $5 billion partisan Tax Foundation calculates its we have enjoyed some lower interest every year. tax freedom day, and that is the day on rates over the last couple of years. But So, whatever you call it, the Clinton which Americans stop working just to when we are talking about spending, it crunch or the middle-class squeeze, as pay their State, Federal, and local continues to grow out of control, so we long as taxes keep rising, the dollars taxes and actually begin keeping their have not reduced the size of the Gov- Americans have left over to provide for earnings for themselves. ernment, we have not eased the spend- their families will keep falling. It must Now let us go back to 1925. Tax free- ing burden on Americans, especially be the goal of Congress to help Ameri- dom day arrived on February 6. But when you look again at the fact that cans earn more money and keep more this year, Americans had to wait until tax freedom day comes 1 week later money so they can do more for them- May 7 before they were allowed to keep today than it did 3 years ago. selves, their kids, their communities, the first dime of their own money. Mr. And then the gas tax. I tell you, some and their churches. President, 1996 marked the latest ar- just cannot stand to let go of a tax no The budget resolution we begin de- rival ever for tax freedom day. In fact, matter how small they try to make it bating today will go a long way toward tax freedom day has just jumped ahead look. They are saying the 4.3 cents is ensuring tax freedom day arrives ear- an entire week since President Clinton going to go into the pockets of oil com- lier next year for all Americans. Mr. took office because under Bill Clinton’s panies. That is doubtful. When they re- President, its cutting taxes provisions

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5044 CONGRESSIONAL RECORD — SENATE May 15, 1996 could not come at a better time. Gov- every year to families who work hard, budget by the year 2002, this Congress ernment has become a looming pres- pay their bills, and struggle every day is keeping the promises that we made ence in the lives of the American peo- to care for their children without rely- to the American taxpayers. ple. Each year the people are asked to ing on the Government. Thank you very much, Mr. President, turn more responsibilities over to the In addition another 3.5 million house- I yield the floor. Federal Government for Government holds nationwide will find the $500-per- The PRESIDING OFFICER. If the regulation, for Government support. child tax credit tax liability has elimi- Senator from Michigan will withhold. From the time they get up in the nated their tax liability entirely; 3.5 f morning until they go to bed at night, million households. President Clinton there are very few aspects of American has promised a middle-class tax cut of APPOINTMENT BY THE MAJORITY daily life that are not touched now by his own, but, again, it is virtually non- LEADER the hand of government. existent in his 1997 budget. Let us look The PRESIDING OFFICER. The So government has been forced to at what he calls for. Chair, on behalf of the majority leader, grow just to keep up. Consider that To qualify for the President’s version in consultation with the Democratic government spending at the Federal, of the child tax credit your child has to leader, pursuant to Public Law 102–246, State, and local level has jumped from be under the age of 13—meaning that appoints Julie Finley, of Washington, 12 percent of the national income in just about the time you need that tax DC, as a member of the Library of Con- 1930 to 42 percent today, and the burden relief the most, it would dry up. In ad- gress Trust Fund Board, effective June for keeping these ever-ballooning bu- dition, it would only be $300 per child 30, 1996, vice Edwin L. Cox. reaucracies in operation has fallen on for 3 of its 5 years, and then it would be the taxpayers, of course, through more abruptly terminated 2 years early. The f and higher taxes. $122 billion in tax relief Congress is of- APPOINTMENT BY THE VICE The increase has been dramatic. Be- fering in our budget resolution is real PRESIDENT tween 1934 and 1995, individual Federal tax relief. It is not a paper gimmick. The PRESIDING OFFICER. The income taxes as a percentage of gross The second plank of the legislation Chair, on behalf of the Vice President, domestic product rose 1,114 percent. before us is the promise to balance the in accordance with 22 U.S.C. 1928a– Today, the typical American family budget by the year 2002. Every year the 1928d, as amended, appoints the fol- faces a tax burden from all levels of Federal Government is spending bil- lowing Senators as members of the government of 38 percent, and most lions and billions more than it takes Senate delegation to the North Atlan- middle-class American families are in. Because of 4 decades of fiscal insan- tic Assembly during the second session turning more money over to the gov- ity, the national debt has today of the 104th Congress, to be held in ernment than they are spending for eclipsed $5 trillion and continues to Vouliagmeni, Athens, Greece, May 16– their family’s food, clothing, shelter, rise. Just the interest alone on a debt 20, 1996: the Senator from Colorado and transportation combined. Families that massive is accumulating at the with children are now the lowest after- [Mr. BROWN]; and the Senator from Ha- rate of $4 million an hour. If our na- tax income group in America, below el- waii [Mr. AKAKA]. tional debt were shared equally among derly households, single persons and all Americans, each of us would have to f families without children. A significant number of families are pay up $19,000 for every man, woman, APPOINTMENT BY THE PRESIDENT relying on a second job just to pull and child in this country. Every child PRO TEMPORE themselves above the poverty line and born today in the United States of America comes into the world already The PRESIDING OFFICER. The to meet their annual tax obligations. Chair, on behalf of the President pro The majority of families who have saddled with a debt of more than $19,000. The share for an average family tempore, pursuant to Public Law 94– reached a middle-class standard of liv- 201, appoints the following individuals ing are families with two incomes. is $75,000. So the first, most important result of as members of the Board of Trustees of They are still trying to pursue the the American Folklife Center: James American dream, but the ever-increas- a balanced budget would be to free our children and grandchildren from the F. Hoy, of Kansas, and Charles E. ing tax burden keeps pushing it out of Trimble, of Nebraska. reach. economic burden they will inherit from According to the Gallup organiza- this generation, a burden they did not f ask for and one they certainly do not tion, 67 percent of the people say they CONCURRENT RESOLUTION ON deserve. Because we have been able to are handing over too much of their own THE BUDGET money to the Federal Government. begin reining in spending over the past They might feel differently if they year, our budget reaches balance in 6 The Senate continued with the con- were getting a fair return on the in- years, not 7 as we first proposed a year sideration of the concurrent resolution. vestment, but Americans see their ago. By contrast, the President’s 1997 The PRESIDING OFFICER. The Sen- hard-earned dollars being wasted by budget plan never achieves balance. It ator from Michigan. the Federal Government. They look at achieves an annual budget deficit of $84 Mr. ABRAHAM. Mr. President, at the services they are getting in return billion by the year 2002. Our plan this time, I yield to the Senator from and they feel like they have been taken achieves its goals without dramatic Missouri such time as he may need, up to the cleaners. cuts of any kind—except in the deficit. to 15 minutes, to speak on the bill. It has always been easy for past Con- Spending on Medicare, Medicaid, So- The PRESIDING OFFICER. The Sen- gresses to be generous with somebody cial Security, welfare programs, and ator from Missouri. else’s money. This Congress, however, the earned income tax credit will all Mr. BOND. Mr. President, my sincere is no longer willing to let the Govern- continue to grow to meet this Nation’s thanks to the acting floor manager and ment gamble away the taxpayers’ hard- needs over the 6-year life of our budget. to the Chair. earned dollars. In fact, we are going to Keeping promises may be considered A comment was made a few minutes keep those dollars out of the Govern- out of style here in the Nation’s Cap- ago when I was on the floor that maybe ment’s hands in the first place. The ital City, where promises are a dime a some of the newer Members of the Sen- centerpiece of our balanced budget dozen among the professional politi- ate did not really understand how we plan is the $500 per child tax credit, and cians, but back in Minnesota a promise have to balance the budget in the Fed- I am proud this desperately needed pro- is something a person does not back eral Government. vision remains at the heart of our leg- down on, even if it was made by a poli- I am one who is not new around here, islation. The tax credit alone will tician. and I would like to say that I appre- allow 28 million taxpaying households With our budget resolution and its ciate very much the interest and en- to keep $23 billion of their own money meaningful tax relief, its protections thusiasm and commitment brought by each year. to ensure the solvency of the Medicare the acting floor manager, the previous In my home State of Minnesota, the Program, its reform of the welfare sys- speaker, the Senator from Minnesota; tax credit would return $477 million tem, its commitment to a balanced the previous acting floor manager, the

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5045 Senator from Tennessee; and the occu- The President and his staff and the et charts showing the spending ini- pant of the chair, a junior colleague Office of Management and Budget have tially proposed by the President. It from Missouri, all of whom have shown given us the numbers to work with. does not look like much difference. But great dedication to the need to balance This is the budget supplement; this is those are not the charts that reflect the budget and to come to this body the appendix. This has all the numbers what happens when the CBO performs without any preconceived notions that the President is recommending. This its duty under the President’s budget the old ways are the only way we can puts forward the President’s priorities. to cut spending to bring it to a deficit do it. They are different from the priorities of zero in 2002. Frankly, we have broken new ground. that have been included in the numbers I remind my colleagues on this side I do a little bit of sowing of seeds, and in the budget passed by the Senate and the other side that if we are talk- I know how difficult it is to break new Budget Committee. ing about the President’s budget, any ground. If you have tried breaking up Even though some may say they are time a colleague puts up a budget sod that has not been broken up before, close, I think there are very significant showing the President’s number, if I you realize that is not an easy task. We differences. That is why we have these am on the floor, I will ask if that budg- have benefited a great deal by the fact debates. We do have an independent et reflects the CBO cuts as directed by that we brought in people and we have scorekeeper to keep us honest. I well the President in his budget message. in this body new Members who rep- remember President Clinton’s stirring For those of my colleagues who may be resent their constituents and who be- call in 1993 at the State of the Union here, I invite them to do the same lieve, as our constituents overwhelm- Message that we needed to find a way thing, because I think it is very, very ingly do, that there is no reason why that we could agree on what our pro- important that we talk about apples the old way of spending more and more posals did, and he said we should use and apples. If we are going to get to a than the Federal Government takes in the Congressional Budget Office as the balanced budget as the President says, is good enough for the future. independent, objective professional then how we get there is the vitally Mr. President, we have put $5 trillion scorekeeper, and that is what we have important number that we have to con- of debt on the backs of our children. done. In the budget proposal passed out sider as we go forth and vote on these Each year’s deficit, if it is running $100 of the Budget Committee under the di- competing proposals for the budget for or $200 billion, adds to that debt. The rection of Chairman DOMENICI, we have the next 6 years. interest rates build up, and our chil- produced a budget that reaches bal- These are the numbers the President dren are going to be looking at a time ance, according to CBO, in the year has proposed. These are the numbers in when they are working to pay tax dol- 2002. these books. Mr. President, unless and lars that could go almost exclusively The President sent us initially a until he sends up to this body and to to pay interest on the debt that our budget which he obviously was not sure the House another set of books and re- generation has run up because we are whether it was going to get to balance, leases them to the press to say that unable to balance the budget. because in his budget message, he in- they have come up with a new budget, Today, we are involved in what I con- cluded some fail-safe mechanisms. then this is the budget we have to work sider to be maybe not the most excit- There is nothing wrong with fail-safe with. These are the figures that he has ing but perhaps the most important se- mechanisms, but when it comes to the presented to us. ries of discussions and debates we have point that you have to use these fail- Let me take my colleagues through a had on this floor. How do we get our safe mechanisms, it is important to description of some of the things what national budget back on track? How do recognize what they do. the Clinton budget, as scored by CBO, we ensure that continuing deficits do In this book, ‘‘Budget Supplement: A would actually do and see how it meas- not bankrupt the Federal Government, Vision for the Future,’’ page 13, it says: ures up to some of the claims that are do not allow vital programs, like Medi- In case the new assumptions produce a def- made for it in the text. icit in 2002, the President’s budget proposes care part A, to go broke and do not In the description of the budget plan, ruin the economy by bringing back an immediate adjustment to the annual lim- its or caps on discretionary spending, low- a little book called, ‘‘A Citizen’s Guide high rates of inflation, stagflation, ering them enough to reach balance in 2002. to the Federal Budget,’’ this book says, high unemployment, and stagnating The President is committed not only to pro- ‘‘The President’s 1997 budget would wages? posing a budget that reaches balance accord- reach balance over the next 7 years by It is very important that we be clear ing to CBO, but reaching an agreement with cutting unnecessary and lower priority and that our colleagues and the people Congress to enact such a budget. spending.’’ Remember that; ‘‘lower pri- we serve understand what we are talk- I think that is very forthright and ority spending’’ is going to be cut. ing about. that is good. The problem is that the It goes on to say, at the bottom of My good friend from Nebraska, the numbers presented by the President to page 31, or down in the lower part of it: ranking member on the Democratic CBO do not really reach a balance in The budget saves $297 billion in discre- side on the Budget Committee, has said the year 2002. There are almost $77 bil- tionary spending, cutting unnecessary and that there is little difference between lion in cuts or increases in revenue lower priority spending, but investing in the numbers in the Senate committee- that have to be made in the final years education and training, the environment, passed budget and the President’s to get to a balance. science and technology, law enforcement and budget. He gave us the admonition, So the CBO, in scoring the Presi- other priorities that will raise living stand- ‘‘Let’s be honest,’’ and I agree with dent’s budget, has assumed what the ards and improve the quality of American him. I do not agree on the numbers President put into his budget, and that life. that he presents, but I agree with him is, he will put a tax increase for fami- Mr. President, I also serve as chair- on the need to be honest. We both lies in it, as well as a $53 billion cut in man of the Senate appropriations sub- agree on the need for the St. Louis Car- discretionary spending outlays in the committee dealing with a number of dinals to improve their record, but that years 2001 and 2002. these important areas. I think it might is for another day’s discussion. We do Let us be very clear about it. The be well to take a look at some of these have many things in common, just a President’s budget has said, if CBO more interesting areas and also some different set of figures that we are does not score us as reaching balance, of the areas funded in other budgets using. then here are the automatic steps that which are handled by other subcommit- What we are working from are two must be taken to get to balance. CBO tees on which I serve. different sets of numbers. I came to found, in fact, the budget did not get to Let us start off with the Food and this floor yesterday with the very sim- balance; therefore, CBO said, we will Drug Administration. It is vitally im- ple proposition that numbers do not impose the cuts he proposed as an portant for ensuring safety in the food lie. Or do they? It is the numbers that automatic offset to the deficit. That, supply and drugs. This green line count. We heard in the 1992 campaign, Mr. President, is what we need to talk across the top shows what the Senate ‘‘It’s the economy, stupid,’’ but when about. Budget Committee reported out. Essen- you are talking about the budget, it is Some of my colleagues earlier today tially that is a flat line. That is tough. the numbers that count. on the other side have presented budg- That is holding their feet to the fire.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5046 CONGRESSIONAL RECORD — SENATE May 15, 1996 That is making them absorb infla- This is a tremendous slash for the en- I thank the Chair. I yield the floor. tionary increases, additional workload. vironment. He said, I thought, in his f That is tough, but that is doable. message in here that one of his prior- RECESS But take a look at what happens to ities is making sure we take care of the this spending when CBO implements its environment. I do not think his budget The PRESIDING OFFICER. Under cuts. It drops from over $850 million does that. He says, ‘‘We need to invest the previous order, the Senate will now down to just below $700 million, just in education, training, the environ- stand in recess until the hour of 3:30 above $650 million, by the year 2000. ment, science and technology.’’ I think p.m. This is, I would say, about a 30 percent our budget does a lot better job of Thereupon, the Senate, at 1:30 p.m., cut in the Food and Drug Administra- doing that than his does. recessed until 3:30 p.m.; whereupon, the tion. That is 25 percent. This is in the Oh, yeah, by the way, science and Senate reassembled when called to body that is supposed to keep our food technology. Our subcommittee also fi- order by the Presiding Officer [Mr. supply safe and make sure we get good nances the National Science Founda- KEMPTHORNE]. quality, reliable, efficacious drugs. tion. We provide funding for it. Look The PRESIDING OFFICER. The That is something I challenge. Can we what happens to the funding in the Na- Democratic leader is recognized. afford to cut the FDA that much? I do tional Science Foundation. The Senate f not think so. budget includes a slow but steady up- TRIBUTE TO SENATOR BOB DOLE Let us take another one. This one is ward path. The President’s budget very important. We are talking about gives us a little bump up here and then Mr. DASCHLE. Mr. President, I just the research that is done to deal with it drops off the table again because it had the opportunity to listen to the diseases and promoting cures for many has to. The President himself ordered majority leader make his announce- of the diseases we have and the things that cuts be made to bring the budget ment of his future. I wanted to come to that are of great concern to many peo- in balance in the year 2002. Under CBO the floor this afternoon to salute BOB ple—the National Institutes of Health. scoring that is the only way it is going DOLE’s 35 years of dedication to this in- The President starts off with a nice stitution and to his country. No one little increase, but you can see by the to get to balance. Finally, I addressed yesterday the has given more, and no one has greater year 2000, that has to fall off the table. admiration in this body than does BOB That is almost a $2 billion cut in the budget of the Veterans’ Administra- tion, the agency which provides care to DOLE. budget of NIH to reach balance by the I congratulate him on his decision. I year 2002. Overall it is a 14 percent cut. the medically indigent veterans and those veterans who have been injured believe it was the right one. Obviously, Are we not going to need the research it is never easy to leave this institu- done by the National Institutes of in the service of their country, a very, tion. But he does so with our good Health in the year 2001 and 2002? I very important group of people who de- wishes. While we will have the oppor- think we will. I am optimistic that we pend solely on the Veterans’ Adminis- tunity to serve with BOB DOLE for at are going to discover cures. But I do tration. least the next several weeks, we wish not think we are going to make all the These people would see the money de- BOB, his wife Elizabeth, and his daugh- progress we can possibly make and voted to their health care cut by al- ter, Robin, well as they pursue their fu- then be able to shut down research at most 25 percent. The Clinton budget ture. NIH. So I question the priority of cuts $12.9 billion out of the VA budget Mr. President, I yield the floor and slashing the NIH budget. by the year 2002. We maintain essen- How about some of the other prior- tially level funding. That is a cut that suggest the absence of the quorum. ities? I have a responsibility for acting the veterans of this country cannot The assistant legislative clerk pro- on, in our appropriations sub- live with, and we in good conscience ceeded to call the roll. committee, the budget for EPA. You cannot live with. Mr. EXON. Mr. President, I ask unan- all heard a great deal about the Presi- I mentioned to this body yesterday imous consent that the order for the dent and his support for EPA. Who that the President’s people have said, quorum call be rescinded. would have believed just a few months ‘‘Don’t believe these numbers.’’ The The PRESIDING OFFICER. Without ago that the President’s budget would Secretary of the Veterans’ Administra- objection, it is so ordered. leave EPA with less money 6 years tion, Jesse Brown, when he testified be- Mr. EXON. Mr. President, as a mat- from now than it got from Congress fore my subcommittee, said, ‘‘The ter of fairness, I suggest the absence of last year, and well below the budget President has assured me that these a quorum and ask unanimous consent proposal we are presenting this year? will not be the numbers. He is going to that the time be charged equally to As I have said many times over, num- negotiate with us.’’ A representative of both sides. bers do not lie. the White House Office of Management The PRESIDING OFFICER. Without This is what happens to funding and Budget was quoted in the papers in objection, it is so ordered. under our Senate-passed budget resolu- our home State saying these numbers The clerk will call the roll. tion. We hold EPA at a flat line. We that are being presented, we are mis- The assistant legislative clerk pro- want to work to improve the way that representing, because we took the ceeded to call the roll. EPA does its business. We think that numbers out of the book and out of the Mr. SIMON. Mr. President, I ask there are new ideas that are being de- CBO. He said, ‘‘Those are just rough unanimous consent that the order for veloped both within EPA and by groups general guidelines. Don’t believe the quorum call be rescinded. supporting EPA that can give us tre- them.’’ The PRESIDING OFFICER. Without mendous progress as we shift more re- So it is the official policy of the ad- objection, it is so ordered. sponsibilities to State and local gov- ministration not to believe the official f policy. Until they send us up new num- ernments and maintain a vitally im- SENATOR DOLE’S ANNOUNCEMENT portant monitoring function at the na- bers, send us a new budget, that is tional level and using more flexible what we have to work with. That is Mr. SIMON. Mr. President, I just means of achieving goals. what the priorities are: Cutting vet- watched Senator DOLE make his an- The President said it well in his erans, cutting national science, EPA, nouncement. I want to join with Sen- budget: ‘‘If industry can come up with NIH. ator DASCHLE in his comments. I have a better way, a cheaper way of doing it, Mr. President, that is not the way to worked with BOB DOLE from my days in let’s do it the most effective way.’’ We get to the balanced budget we need. We the House and have come to have great can live with it. But take a look at can do so by following the plan out- respect for the huge contribution he what happens to the President’s budget lined by Chairman DOMENICI. I urge all has made here in the Senate and to our under the numbers presented by the my colleagues to look at the con- country. I think sometimes we get so President and as scored by CBO. This trasting numbers and make up their partisan here that we forget the con- EPA budget takes a very sharp drop mind. I hope they will support the tributions that people are making. from just above $7.2 billion to below budget supported by the Senate Budget Let me add one other thing, because $6.4 billion by the year 2002. Committee. media coverage is so negative all the

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5047 time on candidates and officeholders The actual international affairs try. A nationwide poll done last Janu- that I think one thing is ignored, spending in this particular account in ary by the University of Maryland which is that we have a good choice be- the budget, which covers all of our re- found that a majority of Americans, tween two outstanding candidates for sponsibilities abroad other than the when asked what percentage of the President in Bill Clinton and BOB military, was $20.8 billion in fiscal year budget they think is spent on foreign DOLE. For philosophical reasons, be- 1994, and $20.1 billion in fiscal year 1995. assistance said 15 percent or higher. cause of who might be appointed to the It is estimated at $18.5 billion for fiscal The majority said 15 percent or higher. U.S. Supreme Court, and that type of year 1996. So we are making a very sig- When they were asked how much they thing, I am supporting Bill Clinton. nificant cut from historical levels. thought should be spent, they said on But I am not going to buy a one-way In other words, international affairs average about 5 percent. In fact, we ticket to Canada if BOB DOLE gets spending has been brought down from spend about 1 percent. There is a tre- elected. I think the American people $20.8 billion in fiscal year 1994 to $18.1 mendous disparity in perception. The have a choice between two very fine, billion in fiscal year 1997, which is a majority think we spend more than 15 substantial candidates. That is the way cut of almost $3 billion just in that percent of our budget for this purpose our system should work. short period of time. That represents a when we in fact spend about 1 percent. In all the negatives that people will cut of about 15 percent in the budget I am very frank to say to my col- hear between now and November 5, the that we have to carry out our respon- leagues that if the United States is American people should not lose sight sibilities internationally. going to continue to be a great power, of that. In fact, our international affairs we have to commit the resources to Mr. President, I suggest the absence budget has been reduced by 50 percent carry out our responsibilities as a of a quorum and ask that the time be in real terms over the last decade. In great power. This is particularly true equally divided. other words, if you adjust for inflation in the post-cold-war era, when a range The PRESIDING OFFICER. Without and take a 10-year period, we, in effect, of complex problems faces us. That objection, it is so ordered. are cutting by 50 percent our ability to means coming up with adequate fund- The clerk will call the roll. carry out programs in the inter- ing for the conduct of our foreign af- The assistant legislative clerk pro- national arena. We are in the process fairs. In my view, we have already cut ceeded to call the roll. now of asking the international affairs well below the minimum level that is Mr. EXON. Mr. President, I ask unan- budget to do more and are providing necessary to sustain American leader- imous consent that the order for the less with which it can be done. ship in the world. quorum call be rescinded. During the 1980’s, we did not have I really want to sound that warning. The PRESIDING OFFICER. Without democratic, market-oriented regimes I am persuaded that over time, if this objection, it is so ordered. in Eastern Europe. At that time we trend continues, it will become obvious to everyone what we have done to our- f were building nuclear weapons instead of trying to help the Russians destroy selves. But I think we need to apply CONCURRENT RESOLUTION ON and dismantle them. We had one Em- some analysis and attention now in order to ascertain that situation, and I THE BUDGET bassy to cover a country, the Soviet am frank to say I think we have The Senate continued with the con- Union, where we now have 15 separate crossed the danger point and are now sideration of the concurrent resolution. countries. At that time neither Jordan in the zone where our leadership abil- Mr. EXON. Mr. President, I yield nor the Palestinians recognized Israel’s ity is being eroded and undermined. whatever time is needed off of our time right to exist, so we had no stake in to the Senator from Maryland. The various cuts have very detri- their economic vitality. We had eco- mental effects on our ability to con- The PRESIDING OFFICER. The Sen- nomic sanctions against South Africa; ator from Maryland is recognized. duct an effective foreign policy. It now we are trying to help South Africa would be one thing if people were say- Mr. SARBANES. Mr. President, I ap- rebuild. All of these are new respon- preciate the courtesy of the chairman ing we want a little America, some- sibilities and opportunities over the thing with which I do not agree. But if of the committee and of the ranking last few years. they say we are going to have a little member of the committee. I just want So, in fact, our responsibilities in- America and we are going to shrink to say at the outset what an out- creased rather than diminished, and back from the responsibilities and, standing job I think the distinguished particularly if the arena of competi- therefore, we are going to shrink re- Senator from Nebraska, Senator EXON, tion or concern shifts from the mili- sources, that at least would be a con- has done with respect to the budget tary into the political and economic sistent position. that we are now considering. I was arena. But to articulate a rhetorical posi- privileged to be very supportive of his Only about 1 percent of the Federal tion in terms of America being the position in the committee, and con- budget is spent on foreign aid, and less world leader and playing the first and tinue to be so. I want to thank him for than half of that goes to humanitarian foremost role in exercising inter- the leadership that he provided on our and development programs. In fact, the national responsibilities, and then have side of the aisle. United States ranks dead last among 21 a huge gap between that statement and Mr. President, I want to take just a industrialized members of the OECD in the resources with which to carry out moment or two to sound what may be the percentage of GNP that we spend those responsibilities, is illogical and an alarm bell in the night and take on development assistance. All of these inconsistent. what is perceived as not the most pop- other countries have made the judg- The United States now is the largest ular position. But I want to talk a lit- ment that they have an important in- debtor at the United Nations. As the tle bit about the 150 account—that is terest in helping the rest of the world Washington Post put it in a recent edi- the international affairs account in to develop; so much so that they are torial, we are the ‘‘global deadbeat.’’ this budget—and to simply sound a prepared to commit a larger percent- We are so far behind in paying our as- warning that I think we have been re- age of their GNP than we are to devel- sessments to some of the international ducing that 150 account in successive opment assistance. financial institutions that our arrear- years in such a way that we are now I know these are not popular facts to ages exceed our scheduled annual pay- impeding upon our ability to perform bring before the country, but I think it ments. We are, indeed, exasperating as a great power in the world. is important for those of us who carry and disappointing our friends and allies The budget that is before us and that the responsibility which comes with who desire and support American lead- has been brought out of committee being Members of the U.S. Senate to ership. They desire and support Amer- would cut the international affairs por- stop and consider it because we have to ican leadership. But we continually tion of the budget by more than $1 bil- square the rhetoric about being the dictate ever longer lists of demands lion from the President’s request. The world’s leader with the reality of how and provide ever shorter resources with President requested $19.2 billion, and that is accomplished. which to carry them out. the bill reported from the committee In fact, there is, apparently, a great Aid to the poorest countries has been cuts it to $18.1 billion. deal of misconception across the coun- reduced by nearly 30 percent from last

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5048 CONGRESSIONAL RECORD — SENATE May 15, 1996 year, jeopardizing the progress we have come full-blown crises and require the Mr. DOMENICI. I will yield 2 minutes made in reversing environmental deg- presence of our military. By sacrificing to the Senator from Delaware. radation, slowing population growth, investment in preventive political and The PRESIDING OFFICER. The Sen- preventing the spread of deadly dis- economic measures, we will only be ator from Delaware is recognized for 2 ease, building economic self-suffi- postponing and probably escalating the minutes. ciency, promoting democracy, resolv- ultimate costs. f Of course, effective diplomacy is en- ing conflicts peacefully, stemming the THE RESIGNATION OF BOB DOLE flow of illegal drugs and countering the hanced by a strong military and the threat of nuclear proliferation. All of readiness to apply it, but our military Mr. ROTH. Mr. President, the news these are very important objectives. strength ought not to become our by our esteemed majority leader that Consulates have been closed and em- prime recourse for influencing situa- he will be resigning both his leadership bassy staffs reduced all over the world, tions in the international arena. In post and his Senate seat is, indeed, bit- making it impossible to provide the fact, I think the task of the next cen- tersweet. I am sure I speak for all of services that Americans abroad expect tury will be to hone our diplomatic, my colleagues when I say that the Sen- and deserve. We have closed 30 posts economic, and political skills so that ate will miss BOB DOLE—his intel- abroad since 1993, and 13 more are slat- we can protect our interests without ligence, his courage, his love for his ed for closure this year. having to put our troops in harm’s country, and his unparalleled leader- Some of this scrubdown of posts way. ship skills. In Europe, 50 years ago, as needed to be done. But once again, I It is increasingly clear that in the a young lieutenant, BOB DOLE was will- think we have gone beyond the point of 21st century American interests in the ing to make the ultimate sacrifice for diminishing returns and we now are world will be heavily economic and po- his country in war. And today for the really eroding our capacity to carry litical. We need to ensure open mar- sake of his country and the Congress, out an effective foreign policy. kets and fair trade to promote Amer- BOB DOLE is willing to leave the job he While some question the importance ican prosperity. We need to avert con- loves because he loves his country and of ambassadors and embassies in an era flicts that will cause human suffering, Congress so much. This is a bold move of CNN, supersonic travel, and instant refugee flows, environmental destruc- by a man whose life has been the ulti- global communication, I think this tion, and economic dislocation. We mate story of courage. America needs skepticism is misplaced. We need to must combat international terrorism his courage, his moral compass, his have our ambassadors and their em- and prevent the proliferation of weap- leadership in the White House, and this bassy teams on the ground, around the ons of mass destruction. move will enable him to focus much globe promoting human rights, conflict None of these goals can be achieved more on the road to the White House. Because of BOB DOLE’s leadership, the resolution, antiterrorism and counter- on a unilateral basis. None of them can 104th Congress will be remembered as narcotics cooperation, U.S. economic be undertaken by military action the Congress which finally said enough interests and U.S. exports, for example. alone. And none of them can be achieved without sufficient resources. is enough. No more excuses. No more Many of the embassies have signifi- Washington gimmicks. Balance the cantly improved their performance by The 150 account is important to meet- budget. With BOB DOLE’s leadership we working with the American business ing our responsibilities as a world lead- er. By not allocating adequate re- have forever altered the debate. The community in a very significant and sources, we may indeed encounter dis- question is no longer whether to bal- substantial way. ance the budget, but how; not whether We need consular officers to assist astrous consequences. Further cuts are to cut taxes, but how; not whether to U.S. visitors and business people, to not just ill-conceived; they are down- right dangerous to our national secu- reduce the size of the Federal bureauc- issue visas, replace lost passports and racy, but how; not whether to reform cut through redtape when Americans rity and to achieving American objec- tives around the world. welfare, but how; and not whether to run into difficulties abroad. We need I urge my colleagues, although I return power to the States, but instead them to spread good will, to exemplify know it runs against a perception of how. American values and to deal with sen- popular sentiment, to examine care- Under BOB DOLE’s leadership, the sitive situations before they become fully what we are doing to our ability Congress for the first time in four dec- full-blown emergencies. This experi- as a nation to carry out our respon- ades passed legislation to balance the enced corps of professionals is the face sibilities as a world leader. It cannot be Federal budget. BOB DOLE’s legacy of of our Nation around the world. done if we do not commit the resources leadership in the Senate will only be Yet our diplomatic service is forced with which to do it. And we now have surpassed by what he will do for Amer- to rely on computer software, office reached the point where I think we ica from the White House. I am proud equipment, buildings and services that have so drastically reduced our com- to be a Member of the Dole team, and are outmoded, unreliable, inefficient, mitment in this area that we are mark- I will be even prouder to assist a Dole and sometimes even unsafe. Diplomacy edly affecting our ability to act as a administration next year in carrying in the 1990’s is being carried out on the world leader. out BOB DOLE’s agenda for America: technology of the 1960’s and 1970’s, and Mr. President, I yield the floor, and I lower, fairer, simpler taxes, less Gov- no relief is in sight. thank the distinguished ranking mem- ernment and a balanced budget. These cuts are particularly troubling ber for yielding me time. The PRESIDING OFFICER. The Sen- when juxtaposed to very large, Mr. EXON addressed the Chair. ator from Nebraska is recognized. unrequested increases in defense spend- The PRESIDING OFFICER. The Sen- Mr. EXON. Mr. President, my few re- ing. The budget adds almost as much ator from New Mexico is recognized. marks about my friend BOB DOLE and for defense, over and above the amount Mr. DOMENICI. Did the Senator his announcement today will be devoid the Pentagon asked for, than is spent want to speak at this point? of any political motivations whatso- on the entire foreign aid budget for a Mr. EXON. No. I was just going to try ever. year. In other words, we are cutting and get embodied in an agreement BOB DOLE has been a friend of mine substantially the 150 account, our di- what we had arranged for. The Senator ever since I came into the Senate. We plomacy account, our political and eco- from Delaware would like 3 or 4 min- have differed frequently on many nomic interest account, at the same utes on another subject. I would like issues, but we have been together on time that we are increasing the mili- time likewise. Then we had general many issues. The announcement today tary account over and above what the agreement that we would go to Senator that we heard about this morning came Pentagon sought. GRASSLEY with his amendment. We as a considerable shock to this Senator It seems to me a matter of common have all agreed to that, and I would because whatever the future holds, the sense that by investing a little bit in just like to suggest it. Senate in my view has lost a tremen- preventive diplomacy you may be able Mr. DOMENICI. The Senator from dously dedicated individual, a talented to address situations while they are Delaware wanted to 2 minutes. leader on the Republican side of the amenable to economic and political so- Mr. EXON. OK. I will follow the Sen- aisle, a man I never hesitated a mo- lutions rather than wait until they be- ator from Delaware. ment in going to on any subject. He

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5049 has always been fair to this Senator. a big void. We will clearly miss his ator and the Senate as a whole, will We have clashed from time to time on leadership and his marvelous ability to the Chair please indicate how much issues. But fairness and confidence and tell funny stories and get us off guard time is allotted to the amendment, the being a very capable Senator and a and get things done. But essentially his first degree? I assume that timeframe Senate leader has been the hallmark of life has been one of real sacrifice for would continue unless we get unani- BOB DOLE. the country. Most Americans do not mous consent at some future time to I simply say that we will miss him know that. They have to find out. change it. What is the agreement on very much in the U.S. Senate, and I BOB DOLE dedicated weeks and time limits? would have preferred that he not take months and years to getting his body The PRESIDING OFFICER. On the the additional step that he announced in the position where he could conduct Budget Act, there are 2 hours equally today with regard to resigning from business and be a Senator after his divided on first-degree amendments, 1 the Senate. I recognize that in running tragic World War II accident on the hour equally divided on second-degree for President of the United States, it front lines. In that, he learned about amendments. was most difficult to be here, to be a determination and about fortitude and Mr. EXON. So there are 2 hours, and leader. However, I thought the an- about strength, and how much strength 1 hour, half an hour a side, on any nouncement that I read in the papers he really had. He has been giving since amendments to it. Is that correct? this morning with regard to Senator then, giving and giving and giving—not The PRESIDING OFFICER. Second- DOLE, recognizing that he could not do to the Senate, but to the American degree. The Senator is correct. justice to his Presidential race and be people. And, since he has made the de- Mr. EXON. I thank the Chair, and I a full-time leader of the Senate and the cision that he wants to be President, I, thank my friend from Iowa. suggestion that he turn this over to this Senator, wholeheartedly support Mr. GRASSLEY. I assume that my other Members of the Republican ma- what he has chosen to do. I hope it is time is starting right now. jority, seemed to make sense to me. everything he plans it to be, and I The PRESIDING OFFICER. The Sen- But, for whatever reason, BOB DOLE has think it will be. ator has not called up his amendment. made the decision that I think he had He will go to the American people We will not proceed until the amend- to make. I only thank him for the not as the majority leader or Senator, ment is at the desk. friendship. but as a man from Kansas who has sac- AMENDMENT NO. 3963 I will value the few remaining weeks, rificed more than once for this country (Purpose: To reduce defense spending) week or two or three, that I will have and will try to do it one more time. I Mr. GRASSLEY. Mr. President, I the privilege of serving together with have nothing but great admiration and send an amendment to the desk and him in the U.S. Senate. respect. ask for its immediate consideration. Mr. President, I yield the floor. My comments to him today are: The The PRESIDING OFFICER. The The PRESIDING OFFICER. Who very best to you, BOB DOLE. Hopefully, clerk will report. yields time? this decision will take you to the The assistant legislative clerk read The Senator from New Mexico. White House. If it does, it will be the as follows: Mr. DOMENICI. Mr. President, I do greatest decision you ever made, and a The Senator from Iowa [Mr. GRASSLEY], for not want Senator GRASSLEY to think great decision for America. himself, Mr. EXON, Mr. KOHL, Mr. KERRY, Mr. we are procrastinating and trying to But, indeed, there is no question the FEINGOLD, and Mr. HARKIN, proposes an put his amendment off. He is going to American people are going to get to amendment numbered 3963. have to be absent for just a few min- find out who BOB DOLE is and what he Mr. GRASSLEY. Mr. President, I ask utes. is all about. And if that is done, it will unanimous consent that reading of the Mr. President, I will use just a few be a fair election. For if he cannot do amendment be dispensed with. minutes here as in morning business. I that, if the people do not get to know The PRESIDING OFFICER. Without ask my remarks be as in morning busi- him as he is, it will not be a fair elec- objection, it is so ordered. ness. tion, not one where he will have the The amendment is as follows: The PRESIDING OFFICER. Without right kind of chance to be President. On page 4, line 8, decrease the amount by objection, it is so ordered. So those are my few remarks for $8,300,000,000. f today. In time I will say more about On page 4, line 17, decrease the amount by $2,300,000,000. THE RESIGNATION OF BOB DOLE him, recalling some of the things we have done together. On page 8, line 3, decrease the amount by Mr. DOMENICI. Mr. President, the With that, I yield to Senator GRASS- $8,300,000,000. On page 8, line 4, decrease the amount by last 3 or 4 hours have been a time of LEY for his amendment. $2,300,000,000. very mixed emotions for many of us. A The PRESIDING OFFICER (Mr. while ago when we were crammed, all On page 52, line 11, decrease the amount by THOMPSON). The Senator from Iowa. $8,300,000,000. of us Republican Senators, in BOB f On page 52, line 12, decrease the amount by DOLE’s office, when he told us of his de- $2,300,000,000. sires and wishes, I can say that was a CONCURRENT RESOLUTION ON On page 59, at the end of line 2, insert room where grown men, more than one, THE BUDGET ‘‘This section shall not apply to defense dis- had a few tears in their eyes, including The Senate continued with the con- cretionary budget authority and budget out- our distinguished majority leader. sideration of the concurrent resolution. lays caps for fiscal year 1997.’’ I, for one, will miss him very, very Mr. GRASSLEY. I yield myself as Mr. GRASSLEY. I yield myself 15 much here in the Senate. But I think much time as I might consume, but I minutes, Mr. President, off of my time. when we finally take stock of the U.S. would like the Chair to notify me when For those on the Budget Committee, Senate—we are now 208 years old, but I have 15 minutes left because I want to this amendment attempts to do almost if we were to take stock, now, of the make sure my cosponsors get ample exactly what I did in the Budget Com- 208 years of the U.S. Senate, looking time to speak on the amendment as mittee, somewhat lower numbers, but for the giants of the Senate, I am not well. also the numbers are not fenced in the the least bit reluctant to say that Did the Senator from Nebraska want truest sense of the word because, under whatever short list one chooses as part the floor? the budget resolution, that would be of history, BOB DOLE will be among the Mr. EXON. Mr. President, could I subject to a point of order, and we giants and the real leaders of the U.S. pose a question now so we could estab- wanted to make sure the amendment Senate. There is no doubt in my mind, lish this? This is the first amendment was germane. if you take just the last 100 years, that that is being offered. Do we have time So to the Budget Committee mem- BOB DOLE would once again show up in agreements on amendments? bers, we are still trying to reduce the the top three, four, five U.S. Senators I remember in the opening remarks, deficit by the amount we are saving on of this entire modern century. the chairman of the committee indi- defense. For the rest of the Senate, I So, obviously, you cannot take some- cated some time limits on the amend- want to say my approach is the same, body like that out of here and not have ments. For the information of this Sen- the same goal, lower numbers. We are

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5050 CONGRESSIONAL RECORD — SENATE May 15, 1996 speaking about reducing the defense the chart, it lays out the history of demned to repeat the mistakes of the numbers, and we are speaking about re- where we are and where budget resolu- 1980’s; specifically, whether we will ducing the deficit when we save money tions take us and where the President pump up the defense budget with no on defense. The exception to that is. justification and with no control over would be the President of the United Last year, the Senate budget resolu- it and, in the process, we would be get- States capability of declaring that he tion proposed that in fiscal year 1997, ting less defense than planned. needs more money for defense and hav- we should have this figure of $253.4 bil- Last year during conference discus- ing that be considered, in an emer- lion. What is important and significant sions—that is ironing out the dif- gency, and not having to have offset- about what we did last year and this ferences between the House and the ting numbers. year is that we had 60 Senators on a Senate on the budget resolution—we It strikes a balance, I believe, be- very bipartisan vote last year reject an were promised Defense Department re- tween administration proposals for de- amendment that would have increased forms. We were forced to support high- fense spending and that proposed in the the dollar amount of $253.4 billion, a bi- er defense numbers, but the quid was budget resolution. partisan vote in the Senate not to go that we would get reforms this year. The amendment would reduce the above $253.4 billion. We were told that there would be com- budget authority for defense for fiscal Now we have this budget resolution plete top-to-bottom reform of the Pen- year 1997 by $8.3 billion below the budg- which has disregarded the Senate’s ac- tagon, so much so that it would change et resolution. Outlays for defense in tion last year and disregarded last the Pentagon into a triangle. fiscal year 1997 would be reduced by year’s vote, practically the same mem- Mr. President, I drive by the Pen- $2.3 billion. The savings are earmarked bership in this body, and has proposed tagon each night that I go to my house for deficit reduction. $265.6 billion for defense. That is the that I occupy here in Washington—not Some of my friends might be con- number in the resolution that is before my home, but my house. My home is in cerned that down the road, we will us, $265.6 billion. Iowa. Each night since last June 28 need more funds for national security. Simple arithmetic. That is $11.3 bil- when we heard that in that con- In that case, this amendment allows lion more than the President’s mark. ference—that is when we voted that the President to propose emergency The President’s mark is this middle conference report—I watched and wait- spending for defense without requiring figure. What he proposed to us in his ed. As of last night on my drive home, offsets. budget this February, $254.3 billion. it is still a pentagon, it is not a tri- I am pleased to be joined on this You can see the difference, $11 billion; angle. amendment as my main cosponsor by $11.3 billion, to be exact. The justification for my amendment Senator EXON, a member of the Armed It is also $12.2 billion more than the is to stop the raping and pillaging of Services Committee and ranking Dem- level voted by 60 Members of this body the Treasury under the guise of na- ocrat on the Budget Committee, as last year. tional security. There is a very sophis- well as Senators KOHL, KERRY, FEIN- What the amendment offered by this ticated con job going on with this de- GOLD, and my colleague from Iowa, Senator and my colleagues would do is fense budget, and I would like to de- Senator HARKIN. I should note this provide a compromise by allowing de- scribe it so that the taxpayers know amendment is supported by the Na- fense to increase $3 billion above the exactly how it works, how the defense tional Taxpayers Union, one of the top President’s mark and nearly $4 billion industrial military complex picks their deficit hawk groups in Washington, DC, above the level voted by the Senate pockets. and I ask unanimous consent to print last year. That would be $4 billion There are two facets of this con job. that letter in the RECORD. above this figure of $253.4 billion. The first is bureaucratic; the second is There being no objection, the letter So I hope that you realize that we congressional. Congress collaborates was ordered to be printed in the are trying to do a compromise ap- with defense bureaucrats in an extor- RECORD, as follows: proach here, not just one of these take tion of the taxpayers who think they NATIONAL TAXPAYERS UNION, it or leave it, we want everything or we are paying for national security. In- Alexandria, VA, May 15, 1996. don’t want anything approach. stead, they are paying for pork for Hon. CHARLES GRASSLEY, It is a good compromise, I believe, Members of Congress. U.S. Senate, Hart Senate Office Building, that will address the concerns of those The game the bureaucrats play is the Washington, DC. who want to ensure adequate spending most sophisticated. It took me a couple DEAR SENATOR GRASSLEY: Thank you for for defense and also ensure that defense of years to figure this one out. First, contacting the National Taxpayers Union spending does not grow out of control. the bureaucrats deliberately underesti- (NTU) regarding the amendment you plan to I want to give some background and offer to the FY 1997 Budget Resolution in an mate the cost of everything in the effort to control defense spending. rationale for this amendment. It prob- budget. That way, everything they Your amendment would ‘‘fence’’ $11.3 bil- ably does not differ from the back- want gets squeezed in. Nothing gets lion in budget authority and $2.9 billion in ground and rationale that I would give turned down. You can have it all, just outlays (the difference between the Presi- for similar amendments I have offered like you can have your cake and eat it, dent’s proposal and the Committee’s mark over the many years that I have been too, almost. ‘‘Just get all the programs for FY 1997), making the additional funding in the Senate. approved,’’ the bureaucrat says, ‘‘we’ll contingent upon the President’s certification Every so often, since the 5th century worry about the money later on.’’ that the funds are necessary for national se- B.C., some bright scholar states the ob- curity. If the President fails to make that You see, once a program gets started, certification the funds would be used to re- vious. The most recognized statement programs hardly ever end. You might duce the deficit. was by philosopher George Santayana say they never end. Too many jobs and America’s taxpayers deserve a more fis- when he said, and we have all heard it too many careers are at risk. When the cally responsible and cost effective federal so many times: actual bills come in, they say, ‘‘Oops, government, as well as the lower taxes that Those who cannot remember the past are we’ve underestimated the costs. By should result from spending reductions. condemned to repeat it. gosh, we’ve got to do something about Your legislation will be helpful in that re- gard, and therefore NTU is pleased to en- He goes on to say some very crucial that. We need more money to buy all dorse it and urge your colleagues to support and insightful things about learning this stuff that we’ve committed.’’ it. from our experience. He says: That creates then constant pressure Sincerely, Progress . . . depends on retentiveness . . . to raise the defense budget, but it does AL CORS, Jr., [W]hen experience is not retained, as among something else as well: there is not Director, Government Relations. savages, infancy is perpetual. enough money to cover all the cost Mr. GRASSLEY. Mr. President, just Mr. President, this body, the U.S. overruns, so we buy fewer quantities. so everyone understands the history Senate, is coming dangerously close to This drives up the prices even further. behind this amendment, let me call what George Santayana described. We Over time, because of bad manage- your attention to this chart. I want to are close to acting like children. I ment, we buy less for much more. This call your attention to this chart be- know that might shock the public. At hurts our ability to defend our country. cause with the budget authority side of issue is whether the Senate is con- That is the bureaucrats’ game.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5051 Here is how it is handled when it gets On April 25, I spoke about this in de- to an amendment that I am a cospon- to the Hill. We saw it last year, and we tail on this floor, Mr. President, laying sor of. So I just alert Senators who are are seeing it again this year: out all the facts. The promise was that likely opposed to this amendment that The Armed Services Committee col- we would have savings. The reality, they should come here, and someone laborates with the Budget Committee. Mr. President—there are no savings. It should assume the responsibility for They find a nice fat defense number is not that there were not modest sav- managing the time against the amend- that can accommodate everyone’s insa- ings, the problem is, it has all been ment. tiable appetite for pork. The numbers spent. It has been spent on new infra- First, Mr. President, I am reminded start to move through the Budget Com- structure projects like public affairs of a couple years ago when the Demo- mittee. Meanwhile, the Armed Services and headquarters and, in other words, crats were the majority party in the Committee starts to cram all their pet creating more spin and fattening up Senate. And I teamed up with Senator programs into the budget, all the way headquarters. Overhead—that does not GRASSLEY for an Exon-Grassley amend- to the brim. There is even some over- come very cheap. It soaked up all of ment at that time that proposed to cut flowing, Mr. President. the savings. $26 billion in outlays and $42 billion in The budget resolution then goes to So as the force structure of our budget authority over a 5-year period. the Budget Committee; from the Budg- armed services gets smaller and small- We were working on a 5-year propo- et Committee to the floor. That is er and smaller, headquarters gets big- sition then. where we are today. ger and bigger. It is still then a pen- Do you remember the wailings at the Some Senators offered amendments tagon; it is not a triangle. time? The Secretary of Defense, who is to squeeze the defense budget, to rid it Once again, Mr. President, the Pen- still the Secretary of Defense, the As- of pork and waste, just like the Grass- tagon is proving that it cannot allocate sistant Secretary of Defense, who is ley amendment. But such an amend- money sensibly. Once again it is prov- now Director of the CIA, and others, ment is put at a great political dis- ing it cannot save money even with moaned and groaned, and the wailing advantage. The taxpayers are unaware such golden opportunities given by went on about how Exon-Grassley was of this, but members of leadership and base closures. That means that we will devastating our defense budget. members of the committees are busy not have the money promised for the Well, they did not have the horses. behind the scenes twisting the arms of modernization so that we can meet the Exon-Grassley at that time passed. undecided Senators. They confront un- needs of our national security in this And it was a modest step at that time decided Senators with a newly drafted new budget environment we are in to dedicated to reducing the deficit. defense bill crammed in with all the balance the budget. This year, with the Republicans in pet programs. The question is, do we reward this the majority in the Senate, I was very The undeciders are told, ‘‘If you vote bad management with even more pleased when my friend and colleague to squeeze the defense budget, as Mr. money or do we hold the Department of from the neighboring State of Iowa GRASSLEY wants to do, we’ll take pro- Defense’s feet to the fire? Do we sup- came and asked me my advice on this gram A, B, or C out of the bill. Your port the defense budget in this resolu- amendment. It is true that Senator State will suffer. You’ll lose jobs.’’ Of tion or do we put a meaningful con- GRASSLEY offered in the Budget Com- course, that is intimidation. And some straint around it so that it will be mittee on which I serve an amendment people are intimidated and vote then managed better? that eliminated the $11.3 billion in- for fatter defense numbers. The PRESIDING OFFICER. The Sen- crease over the President’s budget. And What Senator wants to lose potential ator has used his 15 minutes. I supported that in the Budget Com- jobs in his or her State? These Sen- Mr. GRASSLEY. I yield myself 11⁄2 mittee. And it lost on a 12-to-12 vote. ators might be intimidated, but for more minutes. When we conferred upon the proper taxpayers it is extortion. They are The PRESIDING OFFICER. The Sen- course of action here, we agreed that— really getting the shaft. The same ator has that right. I think, and I think a near majority of thing happened last year. This year the Mr. GRASSLEY. That is the essence the U.S. Senate feels, that the amount Senate committee wised up and did the then of my amendment. It is an at- authorized over the President’s budget same thing as was done in the House tempt to better manage the Pentagon’s for defense, which was $12.9 billion, last year. The bottom line is, bureau- resources, because enough is enough. $12.9 billion, I say, in the Armed Serv- cratic and political games are wreak- Promised reforms are not the same as ices Committee, and $11.3 billion over ing havoc with the taxpayers’ bottom real reforms. We shovel billions into the President’s budget, as it came out line, all in the name of national secu- the defense budget on the promise of of the Budget Committee, is more than rity. They are conspiring against the reforms. Historically the reforms have we need to spend, because it is more taxpayers’ interests, pure and simple. failed to materialize, yet we still throw than the President requested; it is I remind my colleagues of the prom- good money after bad. more than the Pentagon requested; it ise accompanying last year’s budget If we fail to learn the lessons of the is more than the Chairman of the Joint conference report, with the bloated de- past, as George Santayana preaches to Chiefs has requested. So I simply say fense budgets that I pointed out here— us, ‘‘We’re doomed to repeat them ad that I think that the Grassley amend- $265.6 billion. They said, you will get nauseam.’’ If we do that again this ment, and others, this time is in good reforms next year. The reforms were year, Mr. President, we will be falling form and proper taste. supposed to be of infrastructure and into the familiar trap once again ex- I suggested to my friend from Iowa, base closures. The savings would then pressed by the great philosopher Georg in our conversation about this, that be used for modernization. This was Hegel. He said, ‘‘We learn from history probably rather than duplicating the the specific promise of the Secretary of that we learn nothing from history.’’ effort in the Budget Committee by Defense as well. So I urge my colleagues to avoid re- eliminating all of the $11.3 billion in- But we have the General Accounting peating the mistakes of the past. I ask crease, that we would possibly recog- Office out there, that nonpartisan them to vote for the bipartisan amend- nize that maybe we would garner some group of people that are to make sure ment, the Grassley-Exon amendment. I support if we would not cut the whole that we use honest numbers in Govern- yield the floor. $11.3 billion, but allow for a modest $3 ment. The General Accounting Office Mr. EXON addressed the Chair. billion increase to the President’s num- just completed a review of the infra- The PRESIDING OFFICER. The Sen- bers. structure savings. The GAO’s findings ator from Nebraska. I have no definite word on this from are truly amazing. Mr. EXON. Mr. President, I thank my the White House, but I am quite con- Despite four rounds of base closures colleague and friend from Iowa for fident that the President would accept since 1988, there are no savings. And yielding me time. I simply say that a modest $3 billion increase that we are now, despite very dramatic cuts in our there undoubtedly will be opposition to suggesting over the recommendations force structure, there are no savings. this Grassley-Exon amendment. I cer- that he has made. I do not know wheth- DOD infrastructure costs are going up, tainly do not think it is proper for me er he would veto the defense authoriza- not down. to be managing the time in opposition tion bill if faced with an $11.3 billion

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5052 CONGRESSIONAL RECORD — SENATE May 15, 1996 increase, which I think may be veto have bought even if it had had the that Senator GRASSLEY is consistent. bait. I do not think this slight increase money. He has consistently called for reduced would be veto bait, and I appreciate the The real issue, Mr. President, is not spending and he has consistently been fact that the Senator agreed and how much to give defense but how to concerned about whether or not the thought that was the right figure to go distribute it over a 6-year timeframe. spending on defense is being done in with. Both the Republican budget resolution the most efficient manner. In many Certainly, I simply say the amend- and the President’s request propose to ways, he has been successful. We have ment, in technical terms, reduces the spend $1.6 trillion—that is $1.6 trillion consistently reduced defense spending defense numbers in the Republican on defense between 1997 through the since 1987. Since 1987, defense spending mark by $8.3 billion in budget author- year 2002. has declined 34 percent after inflation. ity and $2.3 billion in outlays. This still The real allocation for defense differs On the other hand, since 1987, the represents an increase, once again, of by only $11 billion. The Republican rest of the discretionary programs of $3 billion over the President’s budget plan increases defense dramatically in America have increased by 31 percent. request and the budget authority and the first few years and then flattens it For those who say, in the last few $600 million additional in outlays. It out in the outyears. How we will pay years, domestic spending has been cut, seems to me this Grassley-Exon for the associated rise in operation and the truth of the matter is—and these amendment has something in it for al- support costs and still balance the are in constant dollars in this chart be- most everyone because it is the ulti- budget is a mystery. The present budg- hind me—1987, this red bar is defense mate in reality, I believe, at this time. et at least increases the outyears to re- discretionary; domestic discretionary Let me summarize this amendment, flect defense budget realities to the is the green bar; the big, big expendi- although the Senator from Iowa has point that it is $11 billion more than ture, sort of the blockbuster is the pur- basically gone through it. This amend- the GOP plan in the year 2002. And the ple bar, which is entitlements. ment does two things. First, it reduces President still balances the budget by Moving over a decade we will find in defense numbers by $8.3 billion in budg- the year 2002, as certified by the Con- real dollars defense is down 34 percent; et authority and $2.3 billion in outlays. gressional Budget Office, as I said ear- domestic discretionary is up 31 percent, Second, it revises the budget resolution lier today. and, of course, the entitlement pro- language that eliminates designating This amendment leaves open the pos- grams are a 41 percent increase. So appropriations as emergency by cre- sibility to increase defense spending, as that is the story of spending as it re- ating an exception for defense. This al- I have outlined and as Senator GRASS- lates to defense and domestic in the lows the President and the Congress to LEY has outlined, if necessary. By rein- United States. approve increased defense funding over stating the ability to declare supple- So, in a very real sense, Senator mental appropriations of defense budg- and above Grassley-Exon by the use of GRASSLEY’s concern about getting et by emergency, a simple majority in an emergency designation. spending down has not fallen on deaf I think the Senator from Iowa stipu- Congress with the approval of the ears. Obviously, some big events oc- lated what this is about. This is simply President will still be able to increase curred in the world, but many, many saying in another fashion that with the the defense budget if it truly is an things have happened for the better in emergency and truly in the national $3 billion over and above the defense the Defense Department in terms of ef- interest. numbers suggested by the President ficiency, in terms of better contracts, Mr. President, I have just received a less waste, less loopholes, less opportu- and the Pentagon, there is a means in letter from Director Alice Rivlin that nities to take advantage of the tax- the case of an emergency, if that the administration states its position payer. should occur, for the President and the on the defense numbers in the resolu- Congress to go up to the $11 billion fig- This budget resolution reduced de- tion that Senator GRASSLEY and I are fense spending from last year’s assump- ure, if such an emergency occurs. trying to reduce. In that letter from tion over the next 6 years by $14.3 bil- Is that the right interpretation of the Office of Management and Budget, lion. That is, over the next 6 years we this, I ask the Senator from Iowa? Director Alice Rivlin states: ‘‘The reso- Mr. GRASSLEY. Yes. have reduced defense over what we as- lution provides $11 billion more in the Mr. EXON. The Republican defense sumed last year as we produced a 7- defense budget than the President’s budget for 1997 is excessive in a time budget in 1997 which commits histori- year trend line—reduced it by $14.3 bil- when we are desperately trying and cally high levels of resources through lion. seeking to balance the budget. Senator GRASSLEY would reduce de- readiness as measured in funding for This amendment would scale back fense spending next year from that the troops. Further, in the critical the Republican overzealous $11.3 billion number that we have by $8.3 billion. years of defense modernization at the increase to the President’s request but That will be the 12th straight year of turn of the century, the resolution does still provide a modest $3 billion in- not provide enough budget authority decline. crease to try to satisfy some, if not all, Now, I agree with Senator GRASSLEY compared to the President’s defense of the priorities that have been ex- in one important way. He has said in program.’’ pressed in the Congress on both sides of Mr. President, I urge adoption of the the Budget Committee—and while I the Hill. At a time when we are trying Grassley amendment. I reserve the re- was not here for his entire speech, I be- to balance the budget, such an exorbi- mainder of my time. lieve it is fair to say that the Clinton tant increase of $11-plus billion is The PRESIDING OFFICER. Who administration has played politics with uncalled for. We cannot return to an yields time? this year’s national security budget, era of just throwing money at the de- Mr. DOMENICI. Mr. President, how the defense budget. The President has fense problem at will, especially when much time have I used or has been used proposed a significant reduction in de- the experts in the administration and in opposition to the amendment? fense spending this year, despite his the Pentagon have not requested it. The PRESIDING OFFICER. None at 1995 State of the Union Address that This action recently taken by the de- this point. drew a line on further defense cuts. fense authorizing committees, I think, Mr. DOMENICI. I will speak for a few Now, it is interesting, and the Presi- demonstrates the point that I am try- moments. The word should go out dent will probably say, along with ing to make. In the House National Se- there are a number of Senators on our those who defend his budget, that look- curity Committee and the Senate side who want to speak against the ing out over the next 6 years, the Armed Services Committee, the major- amendment. We have plenty of time, President lets defense grow a little bit. ity added $4 billion in procurement and but we do not want to be here in Well, this is so typical of the budgets R&D accounts that was neither in the quorum calls. We have sought not to do coming out of the White House. For do- Pentagon’s 1997 request nor in the Pen- that once we go to work on the resolu- mestic spending, which he wants to say tagon’s 5-year future years defense tion. I hope they will come to the floor he is not cutting, those go up in the plan. That means that the authorizing and be heard. first few years and then come tumbling committees approved $4 billion for pro- Mr. President and fellow Senators, off the wall in years 4, 5, and 6 from grams that the Pentagon would never let me first indicate unequivocally now. On defense, we turn it the other

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5053 way and say, do not worry, we are you will be told, and our laws are The PRESIDING OFFICER. The Sen- going to cut it this year, but it is going strange on Medicaid and food stamps. ator from Iowa. to go up. We think both of those ap- But I believe that is not consistent Mr. GRASSLEY. I want to yield 5 proaches are inconsistent with what is with the pledge made when we decided minutes to the Senator from Illinois. good for the men and women who are to have an All-Volunteer Army. Just He also would like to be added as a in the armed services, the operation on its face, it is not consistent. cosponsor of my amendment. and maintenance, and seeing to it that I also comment that many of the ve- The PRESIDING OFFICER. Without they have good equipment, as modern hicles that the Air Force is operating objection, it is so ordered. as possible. under are extremely old. You recall, Mr. DOMENICI. Mr. President, might Now, cut defense spending so you can much is being made in the news today I inquire? Can I then ask that following show big add-ons in the nondefense of a plane that is 27 years old. I think in sequence Senator HUTCHISON from budget, but then send your military the plane that crashed was 27 or 29 Texas have 5 minutes and Senator chiefs of staff to the Hill. They come to years old. Many are suggesting that we COHEN from Maine have 10 minutes in the Hill and they ask for more money. better be careful when they get up that order? In fact, our adding up of what the there at that age. chiefs—the Chief of the Air Force, a Well, fighter aircraft, at this point, Will the Senator have additional four-star general; the Chief of the Ma- are as follows: In 2001, the Air Force pi- speakers? rines; and the head admiral of the lots will be flying aircraft 15 years old, Mr. EXON. We will have additional Navy—they have come up here and on average. This means that some of speakers. said, ‘‘Yes, we are a part of the Presi- those aircraft will be 30 years old. I do Mr. DOMENICI. Senator KYL and dent’s budget, but we sure would like not know what that means, but I have Senator INHOFE. some more money, because we need it.’’ been led to believe that is getting pret- How much time does the Senator de- They asked for $15 billion. We could ty close to critical time. If it is critical sire? not do that. We gave them less. on the civilian side, and if we do not Mr. INHOFE. Four minutes. So, in a sense, I agree with the dis- want to have 30-year-old planes on the Mr. DOMENICI. Can we agree on 5 tinguished Senator, except I do not civilian side, I do not think we want a minutes for Senator INHOFE? have enough confidence in trusting the lot of our men and women in the mili- Will Senator HUTCHISON control time President to ask for money, from now tary flying 30-year-old aircraft. We do for me for the next 15 minutes? until the election, if they need it. One not have any big money in this budget, Mrs. HUTCHISON. Yes. of my friend’s—Senator GRASSLEY— nor did the President put any in, to ideas is let us give him his budget, and have a systematic approach to amelio- Mr. DOMENICI. I yield the floor. let him have to come up here and ask rating that situation. The PRESIDING OFFICER. The Sen- for more. Frankly, I do not think that I could go on. Squadrons of airplanes ator from Illinois. will happen until after November, even are shrinking. They used to be 24, and Mr. SIMON. Mr. President, I first if we did. I do not want to take that we are down to 15, in many cases, and want to commend my colleague from risk. even 12. So we have more sites for them Iowa. As Senator DOMENICI said, I figure we can just as well go ahead but fewer airplanes. I understand we do through the years we have to be more and analyze the requests made in the not want to close down installations, prudent in defense spending. committees. The authorizing com- but, obviously, the cost of maintaining I am for this amendment for two rea- mittee of the U.S. Senate, the Senate and operating smaller units like that is sons: One is it reduces the deficit. Armed Services Committee—I believe very, very high in comparison to larger Some of us on this floor right now Senator EXON is a member, and if my units. Ultimately, something will be are members of the Budget Committee. recollection is wrong, and he can cor- done about that. Let me tell you without a constitu- rect me—voted 20–0 to report out a De- Now, I want to close with this. Once tional amendment to require a bal- fense authorization bill that is con- again, so there will be no misunder- anced budget the 7 years that both sistent with the Republican mark and standing, I have nothing but the high- sides are talking about will not result the Republican budget, not the mark est respect for the distinguished Sen- in a balanced budget. We put all the or the dollar numbers the President ator from Iowa, Senator Charles tough decisions off to the end. Not all asks for in his budget. GRASSLEY. He is consistent. He believes of them but most of them. So we are So maybe some would like us not to what he says, and he works at it. He not going to achieve a balanced budget bail out the President, but I believe it believes firmly in this position. I un- without a constitutional amendment, is not bailing out the President. If that derstand how he feels and what he is and this at least moves in the direction happens to be a side-effect of doing thinking. But I believe that in this of reducing the deficit. what is right by the Defense Depart- case it is too risky; it is too risky for Second, I am for it because the budg- ment, and by the men and women of our men and women and our national et as it is constituted has an imbal- the military, who need our help—inci- defense to allow this amendment to ance. What the Grassley amendment dentally, Mr. President, when we voted pass. And I hope it does not. does is gives the Defense Department in the all-volunteer military—the All- Mr. EXON. Will the Senator yield for $3 billion more than they requested. Volunteer Army and Navy and Air a question? Frankly, if I were to put the budget Force and Marines, during the Nixon Mr. DOMENICI. Of course. together—for example, in yesterday’s era, we said we were going to pay them Mr. EXON. Mr. President, I would New York Times is a story, ‘‘U.N. Says the equivalent wage of what they like to ask the chairman one thing North Korea Will Face Famine as would make in the civilian sector. I am about the chart that is up here. The Early as This Summer.’’ And in today’s very pleased that we are having a very 1987 that he referenced there is some Washington Post it says ‘‘No Help Set powerful commission evaluate this to kind of a benchmark. Is it not true for N. Korea.’’ see if we are really doing that. I merely that in 1987 there existed such a thing make the point that I am quite con- as a very powerful and threatening So- I do not think that we ought to be vinced that they are going to tell us we viet Union and a Warsaw Pact that is using hunger as a political tool. I think have to pay our men and women more. not here today? we would be much smarter saying we I make that rather bold pronounce- Mr. DOMENICI. Absolutely. want to help feed people who are hun- ment because I feel confident it is Mr. EXON. I thank the Senator. gry whether they are Communists, an- going to happen. I am not interested in Mr. DOMENICI. I did not say we cut archists, or what their background. seeing more than the 12,000 military it just to eliminate waste. I said it has Mr. President, I ask unanimous con- men and women who are already on been cut. For those who say it is al- sent to put these two items in the food stamps. In fact, I am hopeful they ways increasing while domestic is not, RECORD. will tell us how to get them off of food I just want to say it has been coming There being no objection, the mate- stamps and pay them what they are en- down for 1 decade. That is all. rial was ordered to be printed in the titled to. That is not a large number, Mr. GRASSLEY addressed the Chair. RECORD, as follows:

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5054 CONGRESSIONAL RECORD — SENATE May 15, 1996 [From the Washington Post, May 15, 1996] dent Kim Young Sam, but has indicated it lective farms are returning to draft animals NO HELP SET FOR N. KOREA would back the move once North Korea ac- because there is no fuel for tractors. The American Ambassador to South Korea, (By Mary Jordan) Washington Post Foreign cepted. North Korea, which until now has refused James T. Laney, warned in a speech on Sat- Service to discuss a peace treaty except in bilateral urday of ‘‘serious risks,’’ including the possi- TOKYO.—Reclusive North Korea will not re- talks with Washington, a condition rejected bility that ‘‘the North may look for other ceive any immediate new shipments of rice by Washington and Seoul, has not agreed to ways of using the only remaining asset it or other food from the United States, Japan the proposal. possesses which commands international re- or South Korea despite new reports of wide- Shortly after a similar conference among spect—its military might.’’ spread malnutrition there. the three nations held in Hawaii earlier this In a speech that seemed to signal a shifting ‘‘With respect to food aid and [the easing year, the United States gave $2 million in direction in American policy, Mr. Laney sug- of economic] sanctions, we have no plans at food assistance to North Korea. Since then, gested that the old approach of simply em- this time to go forward,’’ said U.S. Assistant there have been some encouraging signs in phasizing deterrence against North Korean Secretary of State Winston Lord, concluding the U.S.-North Korean diplomatic relation- attack was no longer sufficient. Now, he two days of talks with top Japanese and ship. said, deterrence must be augmented by in- South Korea officials over what policy to Just in the past few days, the two coun- ducements to get North Korea to cooperate adopt toward the deteriorating north. ‘‘We tries reached a breakthrough agreement that with the West. will keep the situation under review.’’ will allow the first joint effort to recover the Senior officials from the United States, The three countries issued a joint state- remains of U.S. soldiers unaccounted for Japan and South Korea are now meeting in ment saying they agreed to continue efforts since the Korean War. More than 8,100 serv- South Korea to discuss policy toward the to persuade the North to accept four-nation icemen are still missing, and many of them North. Diplomats say that they are expected peace talks proposed by Washington and are believed to be buried in North Korea. The to agree on an assistance plan on condition Seoul last month. recovery effort could begin before the end of that the North agrees to President Clinton’s The three-nation talks, held on the South the year. proposal last month for four-party peace Korean island of Cheju, again pointed out talks involving both Koreas, the United the difficulty these three allies have main- [From the New York Times, May 14, 1996] States and China. taining a united front to deal with the Com- U.N. SAYS NORTH KOREA WILL FACE FAMINE North Korea’s economy has been deterio- munist regime in Pyongyang. The issue of AS EARLY AS THIS SUMMER rating for years and was further devastated food aid is seen as critical because some ex- by widespread flooding last year. Rations (By Nicholas D. Kristof) perts believe an increasingly hungry North have already been halved, and experts say Korea could opt to use its 1.2 million-man TOKYO—Hunger in North Korea is growing that some peasants are eating bitter wild army to end its crisis in a hail of missiles more intense as the country’s economy con- grasses and roots that have not been part of and bullets. tinues to deteriorate, so that malnutrition the diet since 1951, during the Korean War. Others argue that offering help only re- could become widespread in the coming But one such emergency food, a grass wards the missile-exporting nation, Senate months, some experts say. called naengi, stops growing this month and Majority Leader Robert J. Dole and others In the latest sign of the country’s crisis, so will be unavailable in the crucial summer have criticized President Clinton for ‘‘cod- the World Food Program and the Food and months, until the next grain harvest is ready dling’’ this Stalinist regime whose military Agriculture Organization of the United Na- in the fall. This year’s harvest is also ex- threat keeps 37,000 U.S. troops on its border. tions warned today that ‘‘the food supply is pected to be poor, because bad weather de- Generally, the United States has favored becoming increasingly desperate’’ in North layed planting by about two weeks. sending food aid to ward off an immediate Korea, and that without emergency food im- Experts say there are other signs of eco- crisis. Even in the last few days, U.S. Ambas- ports, ‘‘the consequences are likely to be nomic desperation, including the sale by sador James Laney and State Department devastating for large segments of the popu- peasants of anything they have—even human spokesman Nicholas Burns indicated that lation.’’ hair—to China in exchange for wheat flour. the United States was considering new aid In their statement, the two agencies said Russia is said to have cut freight train serv- and easing sanctions. that the situation had deteriorated just in ice for lack of payment of bills, and that U.N. food aid officials Monday issued fresh the last few months and that the shortages may complicate North Korea’s trade picture. alerts that ‘‘food stocks are critically low,’’ were likely to grow worse this summer. Most staple foods are distributed in North that there is ‘‘no further food assistance in ‘‘There are some cases of malnutrition, but Korea by the Government, but the alert the pipeline’’ and that peasants’ rations are it is not widespread at this time, as far as we today said that this system ‘‘is perilously being cut in half. can tell,’’ Trevor Page, the country director close to collapse.’’ Moreover, foreign assist- The United States has enforced economic for the World Food Program, said by tele- ance—which eased the shortages over the sanctions against North Korea since the end phone for the organization’s office in winter—is coming to an end. of the Korean War in 1953. But it has also do- Pyongyang, the North Korean capital. ‘‘How- Foreign shipments averaged about 50,000 nated more than $2.2 million in aid since ever, with levels of rations that are now tons of grain a month since late last year, floods last summer exacerbated the food cri- being distributed, malnutrition will develop but plunged to 12,200 last month and an an- sis in the crumbling state, which lacks heat and become widespread in the coming ticipated 9,300 this month. Next month, 2,500 for homes and cash for imports. months unless there are substantial food aid tons are anticipated, and the nothing is in South Korea, whose capital city, Seoul, shipments.’’ the pipeline. lies minutes away from the missiles that North Korea, with the world’s last Sta- Some North Korea watchers have sug- North Korea has aimed at it, sees the situa- linist government, remains virtually sealed gested that the hunger could lead to a revolt tion differently. South Korean officials op- off from the rest of the world, and few for- or to the disintegration of the system, and pose food aid because they say the military eigners are allowed to visit. But many West- there have indeed been a growing number of will likely divert the food for its own stock- ern diplomats, business executives, academic North Koreans who risk being shot by sneak- piles. They also doubt the severity of the experts and visitors to the country say there ing across the border into China. But visitors hunger. An official in Cheju today said that are growing signs that the economy is dete- say they have seen no sign of political unrest although the food shortage is serious, he did riorating. in North Korea, perhaps the most tightly not think it would lead to an ‘‘African-style Even in Pyongyang, which has by far the controlled society in the world. famine.’’ best standard of living in the country, visi- ‘‘Although food shortages are all over, The chief Japanese delegate, Deputy For- tors say that power outages are now routine there are no signs that this will cause the eign Minister Shunji Yanai, told reporters at and that water is often cut off for much of political collapse of the country,’’ Mr. Page the end of the talks that at the moment the day. of the world food Program said. Japan had ‘‘no plans to extend food assist- Some Western diplomats and military offi- The food shortage in North Korea may be- ance.’’ It had earlier sent 500,000 tons of rice. cials worry that North Korea’s economic cri- come perennial, experts say, unless the rigid But Japanese officials have also indicated sis could make it unpredictable or even lead Communist economic system changes dra- they might pursue a more independent dia- it to attack South Korea and the American matically. The Government appears to be logue with their unpredictable neighbor. forces stationed there. bending its rules a bit by turning a blind eye Lord stressed the need for talks involving North Korea, with a population of about 24 as peasants plant larger private plots than the two Koreas, the United States and China million, was the better-endowed part of the they are allowed or sell food in informal to hammer out a formal peace treaty to re- Korean Peninsula when Japan ended its oc- markets in some parts of the country. Like- place the armistice that ended the 1950-53 cupation in 1945. The North has a wealth of wise, in the cities some residents are plant- Korean War. minerals and other natural resources, but it ing crops on spare bits of land or raising Lord, Chung and Yanai agreed that such has been hobbled by its rigid Communist chickens on their balconies. But North Korea talks had the best chance of achieving sta- model, by huge spending on its 1.2 million- has given no indication that it is contem- bility on the Korean peninsula. member armed forces, and by the collapse of plating any major opening. Beijing has not committed itself to the trading partners in the former Communist Another problem for North Korea may be proposal, first suggested last month by world. Now many North Korean factories are declining cash transfusions from ethnic Ko- President Clinton and South Korean Presi- idled by lack of oil and electricity, and col- reans living in Japan. Nicholas Eberstadt, a

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5055 scholar at the American Enterprise Institute Mr. President, we have had testi- training going into the Korean war, in Washington, has concluded that the trans- mony before the Armed Services Com- and Task Force Smith was a unit that fusions were never as great as widely be- mittee from every single high ranking was rushed into combat in the early lieved and have plunged since the late 1980’s. military and civilian official in this ad- days of the Korean war and were oblit- Mr. SIMON. Mr. President, let me ministration; the President’s own ad- erated by the North Koreans. They point out what is happening in defense ministration. Every chief of every serv- were brave soldiers who fought coura- spending. ice has said we cannot continue to geously but because they were not Here is the United States. Here are train our forces and modernize our equipped with up-to-date equipment the next five countries in defense forces if we do not have the money to and their training was woefully short spending: Russia, Japan, France, the do it. This is the 12th straight year of they suffered terrible casualties. We United Kingdom, and Germany. We are declining defense spending; the 12th cannot forget the sacrifice of those who spending more on defense than the next straight year. Weapons procurement is died in Task Force Smith and now once five countries combined. The cold war down 70 percent since 1985. again repeat those same mistakes is over, as Senator EXON just pointed It is proper after the cold war that today by undercutting the ability of out. we would draw down our military our troops in the field to have the Let me take you back to the year spending. But, Mr. President, we have equipment and the training and the when Senator GRASSLEY and I came to gone far enough. If we maintain keep- technology they need to do the job Congress, fiscal year 1975. Do you know ing the funding level that Senator when they signed up to protect our what the defense budget was then ad- GRASSLEY is suggesting that we cut, freedom. justed for inflation? It was $234 billion, the $8.3 billion, what would it take We saw in Desert Storm an almost $32 billion less than we are requesting away from our Armed Forces? What perfectly executed war, but we had al- here. Then we faced the nuclear con- would it do to us? most 6 months to prepare for that war. frontation with the Soviets. We had a First, it would stop the increasing Our enemies will not always give us 6 war in Vietnam, as my friend from modernization that we must have as we months to prepare for a war. They saw Iowa will remember. We had all kinds are drawing down our force numbers. It what happened to Saddam Hussein of challenges. Today we do not need to is essential that we have the mod- when he did that. So when you talk spend anywhere near this amount. ernization, equipment, and technology about cutting $8 billion out of our de- If we were to cut the defense budget to make up for the smaller numbers of fense budget, you are talking not about in half—and I do not advocate that— people that we will have in the field. fat; you are talking about muscle and but if we were to do that, we would That is what the drawdown requires if bone. You are talking about cutting still be spending appreciably more than we are going to be able to fight and win the critical support for our military any other country on the face of the two simultaneous major regional con- that we must continue to provide if we Earth. A little prudence as this amend- flicts. We must have the technology are going to maintain the strength of ment suggests is just common sense. and the equipment to do it. our military. I hope the Senate will listen to our It will pay for an improved quality of As President Reagan once said, we friend from Iowa with his amendment. life for the men and women who risk got peace through strength. Being I am proud to be a cosponsor of it. I their lives to serve our country. We are weak and unprepared and techno- think it makes sense fiscally. I think it asking for a 3-percent pay raise for our logically inadequate is not what Amer- makes sense from the viewpoint of military; 3 percent. These are the ica is about. If we are going to have the what we ought to be doing in the de- young men and women who volunteer greatest nation on Earth and the last fense area. to fight for the freedom and independ- superpower status on Earth, we must So, Mr. President, I rise in strong ence of our country. We must assure have the equipment and the technology support of the Grassley amendment, that they have a better quality of life and the upgrading to do the job. So and I hope there will be enough Sen- that demonstrates to them that they cutting our military budget to the ators who say let us look at our real have the complete support of the level that the President asked for is needs. Let us look at our deficit situa- American people. certainly not going to do that. tion. The Grassley amendment logi- We will also not be able to increase I implore my colleagues to look at cally ought to be overwhelmingly sup- our commitment to counter the bal- the big picture and to remember the ported. I know that is not going to be listic missile threats; the threat of bal- lessons of Task Force Smith. Let us the case. If we win it will be by a nar- listic missiles launched at our country. not let the deaths of those brave men row vote. But we ought to vote for the The Secretary of Defense testified that go unheeded. Let us keep our freedom people of this Nation on this next vote. we do not have a defense to ballistic and our strength, and let us keep our And I think that is a vote for the missiles fired at the United States. He commitment to our troops in the field Grassley amendment. said that this year. The Secretary of for a quality of life and let us have a I yield back the balance of the time Defense, himself, thinks that we need ballistic missile defense for our coun- to Senator GRASSLEY. to go forward with the technology for a try going into the 21st century. Mrs. HUTCHISON addressed the ballistic missile defense for our coun- Now, Mr. President, according to the Chair. try. At least 30 countries throughout previous order, I yield 10 minutes to The PRESIDING OFFICER. The Sen- the world have ballistic missile tech- Senator COHEN. ator from Texas. nology and capabilities. Many of those The PRESIDING OFFICER. The Sen- Mrs. HUTCHISON. Mr. President, I have nuclear, biological and chemical ator from Maine. respect Senator GRASSLEY very much. I weapons capability as well. So, of Mr. COHEN. Mr. President, I was in- respect Senator SIMON, and Senator course, we ought to be able to defend terested in listening to the comments EXON. But I serve on the Armed Serv- our shores, or any of our troops in the of my colleague from Illinois when he ices Committee, and I think they are field against incoming ballistic mis- held up several press accounts that the wrong on this issue. siles. Yet, if you cut $8 billion that North Koreans may be heading for In fact, let us cut to the chase. We Senator GRASSLEY wants to cut, we starvation, and so the solution, I sup- are not talking about allowing the will not be able to go forward in that pose, is to send food. President to come back in and certify technology. Mr. President, the North Koreans that he needs more money. The Presi- Mr. President, we should have would not be headed for starvation if dent has said that he does not want the learned a lesson from our experiences they were spending less on weapons, money. His budget came in $11 billion in previous wars. That is what history less on putting half a million people lower this year in real terms than it is for—to teach us lessons. We should right on the DMZ, having 1.2 million was last year, and that was after tell- learn the lesson of the Korean war. We under arms, and doing more to grow ing the American people in his State of should not forget the lessons of Task food. the Union Message that he did not Force Smith, when we had drawn down So the word ought to be to the North think we should cut defense spending our forces after World War II, and we Koreans, ‘‘Make food, not war.’’ Yet we any more. did not have the equipment and the are being called upon here for us to

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5056 CONGRESSIONAL RECORD — SENATE May 15, 1996 now feed the North Korean Army, be- We still are required to sail the same you would have seen a series of articles cause that is where the food is going, it seas. We still are required to defend quoting General Shalikashvili and is not going to feed the general popu- this country’s interests globally. That other senior officials saying maintain- lation. has not changed. So we now are re- ing our military edge depends on Let me suggest to my friends who quired to cover the globe with our sea achieving $60 billion in procurement by now would adopt the policy of send power capability with 346 ships, not fiscal 1998. Yet, the President’s budget food and not prepare for defending 5,000. Indeed, these 346 ships are more calls for procurement spending in 1998 South Korea that the North Koreans capable than those 5,000 we had in essentially unchanged from this year have not been responsive to date to World War II, but we have to continue and not reaching the $60 billion mark these sorts of gestures. We have been to modernize them. until after the turn of the century. sending them fuel oil so they would not The fact is we are operating them at So, all told, this year’s budget calls go forward and build a nuclear weapons a greater operational tempo. They are for $26 billion less for procurement over capability, and now we are being told wearing out faster. So what we are ask- the next 5 years than the Department they are on the verge of starving, so, ing our young men and women to do is of Defense said just last year that it therefore, we must cut back, we must to sail in ships that are operating at a needed. in fact trim our procurement needs in higher tempo, that are wearing out So, Mr. President, the reason we are order to accommodate the needs of the faster, that need replacement, need re- here in opposition to this amendment North Korean people whose military pairs, and we put their lives in jeop- is that we cannot afford to take the regime continues to spend them into ardy because we are cutting back and chance, we cannot afford to put the bankruptcy. cutting back. lives of our young men and women on It was also suggested with a chart We are doing so in contradiction to the line with equipment that is wear- over there that there are some five what the President promised. This is ing out, wearing down, and needs to be countries that we spend more in de- what is most ironic. For years, the ad- replaced. That equipment needs to be fense than the total of these five coun- ministration has been telling us that kept up to the best level that we can tries. Well, which countries are they? the procurement budget is going to possibly maintain it. Is it Russia? Is it China? Can anyone on turn around. Just wait until next year. When the call comes to go to Bosnia, the Senate floor tell me how much It is sort of like us in New England; we we are the ones who have to go over China spends on their military? Can keep saying about the Red Sox: Next there with the best equipment. When you tell me how much Russia spends year we are going to get the pennant. the call came to send two aircraft car- for its military? If any of you can even Just wait one more year. rier battle groups over to Taiwan, That is precisely what has been said establish that in nominal terms? when the Chinese were threatening about the defense budget: Next year it Would you like to compare what it with missiles headed toward Taiwan’s is coming. We know it is going to an costs the United States taxpayer to ac- territory, we were the ones who sent all-time low. It has to come up because quire a fighter aircraft from McDonnell two aircraft carrier groups over. Every we are sacrificing our qualitative edge Douglas versus the Chinese Govern- time there is an emergency that affects ment? here, folks, so it has to come up. Two our interests or that of our allies, we Mr. President, there is no sense in years ago, Secretary Perry testified, are the ones who are called upon. Do trying to compare our expenditures to and I am going to quote: we send our people over with deficient those of five countries when we cannot We cannot sustain these low levels of pro- even identify the true costs of what curement for long, and we are projecting an equipment or marginal equipment? No, those countries are spending. Assuming increase beginning next year, fiscal 1996. we say we send them with the best. We that you could, are we going to take Mr. President, it did not happen. are not going to put our people in the position in the Senate that we now Last year, the Clinton administration harm’s way under circumstances that would like to see the Japanese, for ex- said that the upturn in the procure- put them at a great disadvantage. ample, increase their defense spending ment budget will begin next year, in Mr. President, we are asking that we so they can assume a greater responsi- 1996. Now they say that it is not going reject this amendment. We think it is bility in the field of seapower, and ex- to happen. Last year, the administra- necessary to begin the procurement, tend their seapower capabilities tion said it was going to be requesting not next year and not in fiscal 1998, but throughout that region? $44 billion in fiscal 1997 for procure- now. This is a commitment that was Do we want to see Germany, for ex- ment. We got the budget, and it was made by the Clinton administration 2 ample, have a much greater expendi- 38.9 for procurement. Now here we go years ago. It was not kept. It was made ture in defense to adopt much greater again. The administration says the again last year. It was not kept. This responsibility than they currently procurement upturn is going to start year we intend to see that the commit- have? Are we willing to see that our next year, fiscal 1998. So we were prom- ment is adhered to. stabilizing presence throughout the ised in 1996. They broke the promise. Mr. President, I ask our colleagues to world should be diminished with all the We were promised in 1997. They broke reject this amendment and that we do consequences we have seen during the the promise. Now they say wait, just so with an overwhelming vote. history of warfare during the 20th cen- hold on; if we can just get to 1998, it I yield the floor. tury; that every single time the United will start to upturn. The PRESIDING OFFICER (Mr. States has cut back and cut back and Mr. President, when is that going to ABRAHAM). Who yields time? cut back we have seen the seeds of fu- happen? The reason we are here, the Mr. COHEN. I yield 5 minutes to the ture wars sewn? reason we have added this funding for Senator from Oklahoma. Mr. President, it has been talked our defense capability is that we can- The PRESIDING OFFICER. The Sen- about here of how the peak of spending not rely upon empty promises. We have ator from Oklahoma. has gone down over the past 10 years. I had military adviser after military ad- Mr. INHOFE. I thank the Senator for have a chart here as well that can show viser come forward and say, ‘‘Yes, we yielding. I also rise to oppose this very clearly how it has dropped signifi- support the President’s budget,’’ but amendment. I have to ask the question, cantly since 1985—70 percent. when pressed, ‘‘Yes, we could use a lit- what is this obsession that we seem to We think back to our capability in tle bit more.’’ have around this place for cutting the World War II. I ask this question fre- Let me just quote something else for military, for putting ourselves in a de- quently: How many ships did we have you. Last fall, General Shalikashvili, fenseless posture? during World War II? Take a wild Chairman of the Joint Chiefs of Staff, I am just shocked every time this guess. Five thousand warships. How began banging the drum pretty loudly discussion comes up, and hardly a day many are we headed for today? Three for a ramp up in procurement, saying comes by when there is not talk about hundred forty-six. we need to get the procurement budget this. It is interesting that a President Bismarck indicated that there are up from this year’s $42 billion to $60 who ran on a balanced budget, ran on a only two things that do not change in billion by fiscal 1998. strong national defense, ran on all of life. One is history and the other is ge- If you started reading the trade press these things, wants to cut only defense. ography. accounts in the last couple of months, He has increased spending in every

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5057 other program. The only area where he the Democratic administration of 1961, So we are imperiled, Mr. President. has suggested, in his budget, he wants President Kennedy, in the percentage We have a great deal to do to rebuild dramatic cuts is in defense. of the total budget, 50 percent was for our defenses, to go back and take us When he promised, prior to the 1994 defense, 16 percent for social spending. out of the posture we were in in 1980 budget, that he was going to ask for $62 Now it is just reversed: 17 percent for when we could not afford spare parts. billion, he ended up asking for $48 bil- national defense, 60 percent for social What we are doing today is trying to lion. For the 1995 budget, he promised spending. get ourselves into a position where we he would ask for $55 billion and he only The areas where we are going to be have adequate spare parts, adequate asked for $46 billion. suffering are the very areas that affect procurement, so that our troops out The Senator from Maine talked our troops that are in combat situa- there can be competitive with the oth- about the various missions that are tions, preparing for combat situa- ers. taking place around the world today. I tions—quality of life, black boxes for I yield the floor. opposed it even back during the Repub- aircraft. Time and time again I get in The PRESIDING OFFICER. Who lican administration, in December 1992, 141’s and 130’s and I look down there— yields time? The Senator from New when we sent troops to Somalia, even I have been a commercial pilot for 40 Mexico. Mr. DOMENICI. Mr. President, I though they sent them over for 90 days years, and I look down and see they ac- yield myself 30 seconds, and then I will and they did not come back until after tually have equipment I have not seen 18 of our troops were murdered and change with Senator BUMPERS. in 20 years. We are sending our people their corpses were dragged through the Mr. President, I say to Senator out without GPS’s, a very inexpensive streets of Mogadishu. I opposed sending INHOFE that I just want to congratulate piece of equipment. It is because we are troops there then. I opposed sending him on his remarks and on his stead- cutting down those procurement ac- troops to Bosnia. I opposed sending fastness on the Armed Services Com- troops to Haiti. Not because I am not counts to a level that we are not going mittee. I want to compliment you for compassionate, not because I am not to adequately take care of those indi- the learning that has taken place in a concerned for the plight of these people viduals who are in the field. very short period of time. Many Sen- I would just make one more comment all around the world, it is just we do ators look to you for information on about what has been said over and over not have the military assets to go out the Defense Department. again on the floor. It was said most re- and take care of all these social prob- My accolades go out to you because I lems around the world and be able to cently by the very distinguished Sen- think it is clear that you are genuinely defend ourselves. ator from Illinois, that this amend- interested, and it shows. I want to just So I think we have a twofold problem ment is still $3 billion more than the tell you we all understand it and appre- here. We are dramatically reducing, Pentagon requested. All I can say is, I ciate it very much. year after year after year, our military hope all of America knows—certainly I do not know what the arrangement budget, and at the same time we are we know in this body here—that the was. Would you like Senator BUMPERS taking on additional responsibilities. President speaks for the Pentagon. He to go next? We have had two or three of Currently, we have more troops de- is the one, and they carry out his or- ours. Mr. BUMPERS. Just for 5 minutes if ployed around the world than we have ders. But when you stop and ask the the Senator from Iowa will yield to me. had at any other time that is sup- Joint Chiefs of Staff, or the Chiefs of the services—I will quote right here, Mr. GRASSLEY. Mr. President, I posedly nonwartime, and we have yield 5 minutes to the Senator from taken huge cuts in our defenses. Since ‘‘Unless we recapitalize’’—I ask unani- mous consent for 2 additional minutes. Arkansas. 1985—this is 12 years—for 12 consecu- Mr. DOMENICI. Mr. President, so tive years we have taken cuts in our Mr. DOMENICI. Could the Senator use 2 more minutes? I yield 2 more that we will have things lined up, after Nation’s defense. his 5 minutes, could we go 10 minutes What makes it even worse, it was minutes to the Senator. Mr. INHOFE. ‘‘Unless we recapi- for Senator KYL and Senator STEVENS pointed out by the Senator from wants 10 minutes? Maine, our defense spending has fallen talize, we are not going to be ready to meet the threats of the future.’’ That Mr. STEVENS. But I will be happy to 41 percent since 1985. It is really worse wait for someone on the other side. is the Chief of Staff of the Air Force, than that, because procurement has Mr. DOMENICI. If there are no dropped 72 percent since 1985. So, if Ron Fogelman, March 14, 1996. Democrats, they can go in between and In the same meeting: ‘‘If we do not overall defense spending has dropped 41 then we can go to Senator STEVENS. I modernize, we ultimately place future percent, procurement 72 percent, that ask that be the unanimous-consent re- is where the modernization is, that is readiness at risk.’’ That was Adm. Mi- quest. where the new equipment is, that is chael Boorda, same meeting. The PRESIDING OFFICER. Without where the accounts are that make us ‘‘Further deferral of modernization objection, it is so ordered. The Senator competitive. We have watched, year will incur significant risks to future from Arkansas. after year—1985, $405 billion using 1997 readiness.’’ This is Gen. Dennis Reimer Mr. BUMPERS. Mr. President I want dollars, down to roughly $250 billion. of the U.S. Army, March 13, 1996. to congratulate my distinguished col- We cannot afford any more cuts. It is there. The Senator from Texas league from Iowa for a very sensible One of the things that has been stat- talked about another great problem, amendment, one that ought to receive ed is that the Pentagon did not make and that is the problem that we have the unanimous approval of this body. these requests. It is interesting, I heard cut back, as a result of the veto of the This budget contains just over $500 not more than a month ago when we DOD bill last year, on our ability to de- billion in discretionary spending. I had testimony before the Senate fend ourselves from a national missile want my colleagues to think about this Armed Services Committee—it was attack. We do not have a National Mis- for a moment. We are looking at a also before the House committee—that sile Defense System in place. Most of total budget of between $1.6 trillion we had the four Chiefs all in agreement the people in America believe we have and $1.7 trillion and only a bit over $500 that we have to have an additional $20 one, and when they find out we do not billion of that is for discretionary billion in our readiness account in have one, it scares them to death. Why spending. Under this budget, about $265 order to be competitive. Yet, that is are they scared? Because such great billion of that is for defense. That does the first time I can remember in my people as Jim Woolsey, who was the not leave much for programs that go to recollection of American history when CIA Director under two Democrat the very heart of the values of the the Chiefs themselves came out and Presidents, said that currently we have country and the things that really said, ‘‘No, the President is wrong. We a great threat out there. We know of 25 make this Nation strong, like edu- are sorry. He is the Ccommander in nations that have or are in the final cation and transportation. I can tell Chief, but we are the ones responsible stages of completion of a weapon of you that the number of explosions you for protecting America, and we are not mass destruction, either biological, can set off with weaponry is not nec- able to do it.’’ chemical, or nuclear, and are devel- essarily related to the real strength of Look what has happened. You want oping the missile means of delivering this Nation. I am always nonplused and to talk about administrations? During it. puzzled when so many people jump

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5058 CONGRESSIONAL RECORD — SENATE May 15, 1996 under their desks every time somebody save the taxpayers of this Nation bil- The point is, there is not any other mentions cutting defense. You can sav- lions. country in the world that everybody age education, which this budget does, The PRESIDING OFFICER. The Sen- looks to to stop this kind of aggression you can savage the environment, which ator’s time has expired. than the United States of America. this budget does, you can savage the Mr. BUMPERS. Thirty seconds. Mr. President, I will never forget programs that people depend on for Mr. GRASSLEY. I yield 30 seconds. what Dick Cheney said when everyone their very livelihood, earned-income Mr. BUMPERS. I have to admit that was patting him on the back for win- tax credits, and on and on it goes, you over the period of this budget resolu- ning the gulf war. Secretary of Defense can deal with those programs and you tion, there is a sum total of $11 billion Dick Cheney at that time said, ‘‘It can ask for a whopping tax increase for difference between the Republican wasn’t Dick Cheney who won the war. the wealthiest among us, but if you ask budget proposal and this amendment— It wasn’t George Bush. It wasn’t Nor- defense to take one single dollar less, $11 billion. man Schwarzkopf.’’ He said, ‘‘As great Mr. STEVENS. Will the Senator everybody goes berserk. as they were, it wasn’t even just our yield on my time? great troops that won this war. We won Now, there are some politics in this. Mr. BUMPERS. The President cuts the gulf war because of decisions that But I want you to remember that the back on defense spending now and the amendment of the Senator from Iowa budget resolution cuts back on it later. were made by courageous members of is well above the administration’s re- The PRESIDING OFFICER. The Sen- previous administrations and previous quest. There is not any reason why Re- ator’s time has expired. Under the pre- Congresses 10 and 12 and 15 years ago to publicans ought to join in lockstep to vious order, the Senator from Arizona give us the weapons, the high-tech vote against this. It is well above what is recognized for 10 minutes. weaponry and to provide for the train- the President has requested for the Mr. KYL. Thank you, Mr. President. ing of our troops,’’ so that we would be Pentagon, it is well above what the De- I would like to respond to some of the prepared to win a conflict that nobody fense Department says it needs. challenges just raised by the Senator could have even predicted back then, I heard the distinguished Senator from Arkansas. They are good ques- could not even have predicted just a from Texas a moment ago, a woman tions. They deserve a response, and I few weeks before the invasion of Ku- whom I admire and respect, saying think we have the response. wait, in fact, apparently was not pre- that we just simply cannot weaken our Before doing that, though, let me pay dicted by anybody until the invasion defenses. I want to ask my colleagues a compliment to the Senator from Iowa occurred. this: Who are the enemies you are for raising this amendment, even So the point is, Mr. President, you going to spend this money for? Who are though I strongly oppose it. The Sen- cannot say that until we have identi- they? ator from Iowa cares very much about fied a specific enemy, in the sense that Mr. DOMENICI. I did not hear the the spending of taxpayer dollars in this we have been attacked, we should not question. country, and he knows that there are be spending money on defense. That ar- Mr. BUMPERS. Pardon? some places in the defense budget gument is absolutely wrong. Dick Che- Mr. DOMENICI. What was the ques- where we could make savings, and he is ney was absolutely right. What he said tion? right in that. But I believe it is also is, ‘‘I hope that the decisions that I’m Mr. BUMPERS. The question is, who the case that if that money were to be making as Secretary of Defense today are the enemies against whom we must cut, we would not make the savings in will enable my successor’s successor, spend $265 billion? Who are the enemies the places where they ought to be maybe 10 or 12 years from now, to win that we feel constrained to spend over made, but rather would continue to cut a conflict that nobody today can pre- $1.6 trillion over the next 6 years to de- on important research and develop- dict but which, as surely as we’re sit- fend against? The Senator from Illi- ment, on readiness and on procure- ting here, will occur.’’ nois, [Mr. SIMON], said a moment ago ment, on the things that we have to Mr. President, that is the challenge that we spend as much on defense in spend more money on, and that is why of all of us sitting in this body today. this Nation as the top five possible ad- I will end up opposing the amendment We cannot predict who the enemy is. versaries, including China and Russia. of the Senator from Iowa. But we have an obligation to provide It is worse than that. We spend as I would like the attention of the Sen- for that basic research, that readiness, much as the top 10, and if you add ator from Arkansas because he raised that procurement that we know will NATO, we spend almost twice as much some important questions a moment win the next conflict wherever it is. To as the top 10 and there is not an enemy ago. He said, ‘‘Who is our enemy?’’ Mr. those who say we are savaging edu- in sight. President, the United States of Amer- cation, savaging the environment, Mr. STEVENS. Do you want to yield ica is now the only superpower in the spending overall on those accounts has on that? world. We are the country to whom ev- not gone down, has not gone up much, Mr. BUMPERS. No, I am not going to eryone else in the world looks to for but it has not gone down. yield until I finish. protection, not only of themselves but Defense spending has gone down now Mr. STEVENS. All right. for the democratic ideals that animate for 12 straight years, the only depart- Mr. BUMPERS. Then the Senator many countries’ pretensions to become ment of Government where that has from Texas proceeded to talk about a part of the civilized world. occurred. As a matter of fact, defense how weak we could become. I will tell I just returned from a conference in spending last year and this year will be you how you get weak. You get weak Prague, the Czech Republic, in which less than we spent before Pearl Harbor. by paying interest on a national debt Central European nations said to the Either as a percentage of the Federal that we incurred during the 1980’s when United States, ‘‘Please continue to as- budget or as a percentage of gross na- defense spending went from $150 billion sist us to help bring us into the Euro- tional product, we will be spending less to $300 billion in 8 years. If we had not pean Community, because we have the on defense than we did the year before been so foolish, we would not be fight- same basic ideals that you do.’’ We Pearl Harbor. ing about a balanced budget these cannot do that if we do not have a Now we are the only acknowledged days. It is because of the interest on strong defense. superpower in the world. We are the that staggering debt increase that we Who are our enemies? Well, it all de- country that everybody else turns to. cannot balance the budget. pends. If we want to come to the de- Before my time is out, Mr. President, There is not anybody here that I will fense of Kuwait, then our enemy in let me simply note that there are nu- yield to on supporting our defense that situation is Iraq. If we want to merous reports, statements, pieces of needs. I served 3 years in the Marine protect Taiwan, then our enemy might testimony from representatives of the Corps during World War II, and I be China. If we want to protect South administration who say that we are al- learned a little bit about defense first Korea, then our enemy is North Korea. ready spending too little. If we were to hand, and now I sit on a defense appro- If we want to stand up to Qadhafi, then cut the Republican committee request priations subcommittee. I know how it our enemy is Libya. If we want to stop even further, as our friend from Iowa is all works, and I know how it happens. the terrorism from coming from Tehe- suggesting that we do here, we would But I can tell you, this amendment will ran, then Iran may be our enemy. be setting our procurement program

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5059 back by years and we would not be in able to win the cold war, and win the to $7 billion every year to pay for a position to win that kind of conflict first hot war since then in Iraq, then things this President has ordered that of which I spoke. we will be able to say that at the time he spends out of the money that we One of the people who I think we that it counted we stood up and we did provide for defense under his power as should rely upon here is the Chairman the right thing. We had the foresight, Commander in Chief. of the Joint Chiefs of Staff, General we had the courage, and we were will- But what we are doing right now is Shalikashvili. He stated in his 1996 ing to defend the position to spend the ignoring our duty as Members of Con- Force Readiness Assessment report a money necessary to fulfill the first and gress if we do not follow the Constitu- little bit earlier this year: most important obligation of the U.S. tion, which says we must provide for As overall defense spending has been re- Government, of the Federal Govern- the common defense. To provide for the duced, permanent accounts have been the ment, and that is to defend the people common defense of this country re- bill payer for other readiness-related spend- of the United States. quires that we make the investment ing. We can no longer afford to push procure- That is why at the end of the day I now to be assured that in the next cen- ment into the outyears. support the distinguished chairman of tury we will be as successful as we were Specifically with regard to the spend- the Senate Armed Services Committee, in the Persian Gulf war. ing and the amounts, General Senator THURMOND, and the work of his That Persian Gulf war demonstrated, Shalikashvili summarized the situa- committee in bringing forth their re- as was just said by the Senator from tion this way: quests and respectfully oppose the Arizona, the wisdom of the decisions We are now fast approaching the time amendment of our good friend from that were made in the 1970’s and in the when we will no longer be able to rely on Iowa, Senator GRASSLEY. 1980’s to acquire the F–15, to finance what we built in the 1980’s, and so we must The PRESIDING OFFICER. Under the Tomahawk, to produce the Stealth commit ourselves to a sufficient procure- the previous order, the Senator from 117. All of those were possible because ment goal, a goal I assess to be approxi- Alaska is now recognized for 10 min- of the discretionary spending that was mately $60 billion annually, if our force is to utes. available then. remain as ready tomorrow as it is today. Mr. THURMOND addressed the Chair. If the amendment of the Senator Mr. President, despite General Mr. DOMENICI. Mr. President, I say from Iowa is adopted, we lose our ad- Shalikashvili’s assessment, the admin- to Senator THURMOND, the previous vantage, we lose our capability to in- istration’s 1997 request devotes less order has Senator STEVENS to speak for vest in the future, to invest in the re- than $40 billion to procurement spend- 10 minutes and then the Senator from search and development that is nec- ing, less than at any time since the Ko- South Carolina. essary, or we have to go to a draft, we rean war. What that means is, we are Mr. STEVENS. I am happy to defer have to start drafting people. I joined still going to be $20 billion short. Now to the chairman of the Armed Services Senator Goldwater in opposing the the committee has added $11 billion Committee, if he wishes. draft in peacetime. We brought about back. That is still $9 billion short just Mr. THURMOND. Go ahead. the end of the draft in peacetime. with regard to procurement. If we were Mr. STEVENS. Mr. President, I lis- We do not believe in drafting our peo- to adopt the amendment of the Senator tened with interest to the proponents ple in peacetime. I hope we will never from Iowa, we would be back to the of this amendment. I spent this morn- be forced to do it. But we certainly will point where we are at least $20 billion ing, as chairman of the Defense Appro- be forced to do it if we adopt this short just in the area of procurement, priations Committee, in a classified amendment, because the testimony I according to the Chairman of the Joint session, meeting with members of the heard this morning, as I said, in a clas- Chiefs of Staff. Department of Defense, uniformed sified session, demonstrates that we Without reading the statements members, considering what we do must have the money to invest in the made by other members of the Joint about replacing our fighter force. The systems that are being researched now, Chiefs and other representatives in the F–15 will be 30 years old in 2003, Mr. some of them in a development stage, military, let me just summarize it this President. We have a situation where, so that we can have the systems to way. There is not anybody in the mili- after the turn of the century, the C– keep our country in a position of being tary who does not believe we could 141’s and the C–5’s will be retired. They No. 1 in terms of capability out into make good use of the money that the will be retired. They also will be about the next century. Armed Services Committee has put 30 years old, one of them 30-plus years Now, I do not know any way to do it back in. There is a list here presented old. We have to find a way to replace if we constantly have erosion on this by each of the services that spends them, too. budget, as mentioned by the Senator more than that amount of money. I find it interesting to listen to peo- from Arizona. There has been an ero- They would like to have it if they ple who propose this amendment, be- sion on the budget every year. When could. cause they are unwilling to take the Jack Kennedy was President of the They are good soldiers, following the step that would be necessary to accom- United States, 51 percent of the budget Commander in Chief, who sent his plish what they want to do, and that is of the United States went to defense. It budget up and said, we are not going to restore the draft. Over 60 percent of our is nowhere near that because of the spend any more than the amount re- money spent for defense, sometimes al- growth of entitlements, the growth in quested. But if you ask them, they will most 70 percent, depending upon the interest rates. We get a portion of the give you the list of things they say year involved, goes to pay for the Vol- controllable expenses for defense. It is they need. unteer Force, the best force in the a sizable portion, but nowhere near That is why I conclude again by an- world. It is the force of a superpower, what we need. swering the question of the Senator but it is an expensive force. The re- In terms of need, if we really defined from Arkansas. We know who our po- mainder of the money goes for research need and came in here and asked for tential enemies are. We know who we and development, for acquisition of the replacement of all the systems that have to be prepared to defend against. new systems. are aging, this budget would be much What we are doing, in as best a way as What this amendment will mean is higher. It cannot go down, as was pro- we can, in the budget of the Armed the people that have come to our com- jected by the President, and maintain Services Committee, in the authoriza- mittee already and said they want add- the defense of this country into the tion from the Armed Services Com- ons for this budget, they want things next century. We are not talking now. mittee, is to request the minimal changed in the President’s budget, they People ask, who is the enemy now? The amount that we think we are going to will not only be denied, but a series of enemy will be met with the invest- need to sustain those requirements. things that are in the budget have to ments we made in the 1970’s and 1980’s. To go back to what Secretary Cheney be taken out because the President’s For the next century, it will be the in- said when he was Secretary of Defense: budget is not an honest budget. vestments of the balance of this dec- If we have the courage today to make It does not fund for contingencies, ade. To cut the investments means we the kind of decisions that people 10 and just as last year he did not fund for weaken the United States in its ability 15 years ago did that permitted us to be Bosnia at all. We have to find $5 to $6 to make commitments around the

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5060 CONGRESSIONAL RECORD — SENATE May 15, 1996 world to protect our interests. I cannot is proposed in the President’s budget Mr. GRASSLEY. I was not planning get more worked up about anything for defense. It is a false, phony budget. on going over. than the continued demand that we try We need to correct that now. Mr. EXON. It all depends on how to defend this budget in terms of what We cannot have a decline in defense much time you continue to yield in ex- is the threat now. over a period of 4 more years and ex- cess of the amount that was allotted to Look at Iraq. We had sitting Mem- pect in 2 years, magically, after the your side of the debate. We are not bers of the Senate visiting Saddam turn of the century, we will have an going to sit here and let you keep Hussein about 5 months before he enormous increase in spending. That is yielding time and then beat us over the moved into Kuwait. Would anyone have false. It is fake. You cannot rely on it. head because you do not have a vote. come to the floor and when asked to You cannot rely on it in terms of the We have 21 minutes left under the define the threat, come up with Iraq, as defense of this country and our inter- original agreement by the Senator we debated the bill, the year before ests well into the next century. from Iowa. I hope we intend to use that that trip? I cannot define who is going I will say in terms of the comments time, but no more. I will yield time off to be the next country that we have to made by the Senator from Arkansas, if you are going to continue to yield 10 call an enemy. we have some very basic differences and 15 minutes to people to speak I can say to the Senate that if this even when we look out into the future, against it. All I am asking for is fair- amendment is adopted—I can see the because I want systems that will be ca- ness. Senator from Massachusetts here—I pable of meeting those threats that we Mr. DOMENICI. Senator, it may be fair. If we need more time, you can can tell you the money will not be can project now through analyzing have more time. That is fairness. We there for Patriot. It will not be there what we know other countries are have Senators that want to speak on for Patriot, which is being upgraded to doing. this amendment. We will accommodate a new, better system than that which My area of Alaska is adjacent to the them. There is a lot of time on this we had at the time of the Persian Gulf north Pacific. Six of the seven largest budget resolution. We will accommo- war. It will not be there for improving armies of the world are active in the date you. How much time has the ma- the Aegis system, which will provide Pacific region today, Mr. President. If jority used in opposition to the Grass- area defense for our Navy. you look at the national intelligence ley amendment? I went with the Senator from Hawaii estimate, it says the continental The PRESIDING OFFICER. The ma- during the last recess to Hawaii and United States does not have any threat jority has used 62 minutes. looked at some of the systems that are for missiles for 15 years. Senator Mr. DOMENICI. I have three addi- being tested now. They are just being INOUYE and I say: What about Alaska tional speakers on our side. The chair- tested, Mr. President. They are not ca- and Hawaii? Well, that is another man of the Armed Services Committee, pable of going into production yet. We thing. North Korea and Iran have mis- how much time did you want? went to classified bases and saw some siles that can reach our States now, Mr. THURMOND. Mr. President, 7 or of the things they are doing. They are and the President wants to ignore the 8 minutes. very good. We have to have those sys- missile defense systems of this coun- Mr. WARNER. Mr. President, 5 min- tems to combat what is out there now. try. utes. Russia is selling arms to the world. I say defeat this amendment and get Mr. DOMENICI. Mr. President, 5 for So is France. Many of our people are back to the business of restoring the the Senator from New Mexico, so we selling arms out there. We talked capability of our military well into the need 20 additional minutes. Also, Sen- about this problem that happened in next century. That is what this amend- ator COHEN wants 6 minutes, so we will the Persian Gulf war when we found ment is all about. need 30 minutes on our side. systems our allies were using were in Mr. WARNER. Will the Senator Senator EXON, however you want to the hands of Iraq at the same time. yield? handle it, if you want to use 30 more We have to design and produce and Mr. STEVENS. I have no time. minutes. deploy systems that are capable of The PRESIDING OFFICER. The Sen- Mr. EXON. If we are not going to go meeting any challenge that you can ator from New Mexico has control of over that, we would allow you to con- conceive now, in the next century. The the time. tinue, but it is we who are trying to ex- difficulty is, some of the challenges we Mr. DOMENICI. Have we agreed on pedite the matter. If Senator GRASSLEY face we might not be able to conceive. the order of any others? controls the time, and, as I understand So we continue our research. We con- The PRESIDING OFFICER. No. The it he has 21 minutes left, if we have now reached an agreement on how tinue our basic research to develop new unanimous consent has expired. much time you are going to continue systems to defend this country’s inter- Mr. DOMENICI. Let me say to Sen- to yield, I say to the chairman of the ests. ators, any Senator that wants to speak committee, then we might be able to I think if we do not have the money on the defense amendment on our side, hold to our side to 21 minutes, which I called for in this budget—and I con- and I think I am speaking for your point out gives your side considerably gratulate the Senator from New Mex- side, we want to try to vote here early more time in opposition to the amend- in the evening, not late in the evening. ico for his wisdom in putting it out— ment than the time we are using in we will face a series of reductions in If they could let us know if they want support of it. our effort before the turn of the cen- to debate so we can start allocating Mr. DOMENICI. Maybe, for the ben- tury. enough time. efit of all the Senators, not just those The Senator from Arkansas says, Senator EXON is here and is willing on the floor, we can reach an agree- ‘‘Look at the budget. The President’s to take that up with his side. Senator ment. If we need 30 minutes and the budget is just $11 billion different from GRASSLEY has 20 minutes left. Senator has 20, if we extend that to 30, the budget that the Senator from New Mr. GRASSLEY. I promised the Sen- that would be an hour. Could we plan Mexico has presented over the 6-year ator from Massachusetts I would give to vote at 7 o’clock? I think your side period.’’ That is true. That is true. But him 4 minutes, but while I am standing desires that. Or maybe we can make it if you want to look at it in terms of de- here and have the floor, I will say I 6:50. That is an hour. You get half an fense, it declines continually until the hope that if you are going to take time hour and we get half an hour. year 2000. What is the year 2000? The off of your bill, that Senator EXON Mr. KERRY. Reserving the right to end of the next Presidential term. would take time so we could have equal object, and I will not object, I would What happens in 2001 and 2002? Mys- time on my amendment—if there is like to inquire. Was there an order of teriously, substantial funds are ready time coming off the bill after our time speaking being asked for, or might we for defense; more money than cut in runs out. have an alternative process here, seek- the last 5 years is ready for the Presi- Mr. EXON. The Senator from Iowa ing proponents and opponents? dency, starting in 2001. Is that not a made a point that I would like to Mr. DOMENICI. We are going to work miracle? A real miracle. Whoever is make. Everyone wants to know when it out as fairly as we can. We do not in- President in 2001 will have to have a we will vote. We have 21 minutes left tend to keep anybody here. Other Sen- new monetary system to finance what on the allotted time. ators have been waiting a long time. If

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5061 we can get the hour locked in, a half definition of threat. I agree with the amendment is just talk. It has no rela- hour each, Senator EXON and I can Senator from Alaska that nobody can tionship to the reality of the threat or work out the order. say with specificity exactly which to what is happening in the world. We I ask unanimous consent that there country will emerge, but we can make in the U.S. Senate ought to make a be 1 hour, equally divided, on the some pretty good judgments about tougher set of judgments about our GRASSLEY amendment, after which we what is happening in the world. military expenditures. vote on or in relation to that amend- I have a chart here, and, regrettably, The PRESIDING OFFICER. Under ment, and that we control 30 minutes, it is not blown up, but it does not take the previous order, the Senator from and Senator GRASSLEY and EXON con- very much vision to see that there is South Carolina is recognized. trol the other 30 minutes. only one significant bar on the entire Mr. THURMOND. Mr. President, Mr. EXON. Does that include the 21 graph. All of the others are very, very prior to my remarks on this bill, I com- minutes Senator GRASSLEY has remain- small compared to the expenditure of mend the able Senator from New Mex- ing? the United States in the $260-billion- ico for the fine job he does on the Mr. DOMENICI. Yes; a total of 1 plus mark. Budget Committee, and especially his hour, and at 6:50 we would vote. China is the next largest expenditure attitude and what he has done for de- Mr. EXON. What the Senator is say- in the world, with somewhere in the vi- fense. ing is that although you have used cinity—it is hard to figure out ex- I rise to oppose the Grassley amend- more time than we have, you want to actly—of $30 billion-plus. So we have ment, which would reduce defense divide the remainder of the time equal- $30 billion or so in China. The People’s spending from the $265.6 billion of the ly? Liberation Army today is engaged in proposed budget resolution to $257.3 Mr. DOMENICI. Yes. making CD’s and engaged in pirating billion. I understand that the amend- Mr. EXON. I object. intellectual property in order to sup- ment would, however, make additional The PRESIDING OFFICER. Objec- port the military. We know that their funds available to the President if he tion is heard. modernization program is not, by most certifies a requirement for such addi- Several Senators addressed the intelligence analysts’ determination, tional funds. This is an unprecedented Chair. geared for expansionism. It is geared approach and an unnecessary and inap- The PRESIDING OFFICER. The Sen- toward modernization. Most military propriate transfer of power and author- ator from Iowa, [Mr. GRASSLEY], is rec- intelligence analyst experts do not sug- ity from the legislative branch to the ognized. gest that there is, at this moment, executive branch. Mr. GRASSLEY. Mr. President, I some enormous threat. We are sup- Let me be clear, Mr. President. The yield 4 minutes to the Senator from plying arms to Taiwan, and I think our amendment of the Senator from Iowa Massachusetts. combined threat with respect to Tai- is really a nullification of 75 percent of The PRESIDING OFFICER. The Sen- wan is fairly significant. the Budget Committee’s recommended ator from Massachusetts is recognized. China is the first of those sort of po- increase to the President’s budget re- Mr. DOMENICI. Will the Senator tential adversaries—if we wanted to quest. Why would the President, who from Massachusetts yield me 10 sec- put them in that category—that comes has already submitted his budget re- onds? even close in terms of the next expendi- quest, certify to the Congress that he Mr. KERRY. Yes. tures. But before China, the next high- needs additional funds for quality of Mr. DOMENICI. Mr. President, I ask est expenditures in the world are Rus- life, modernization or readiness pro- unanimous consent that following the sia, now an ally; France, an ally; grams? Further, if he did request addi- Senator from Massachusetts, the dis- Japan, an ally; Germany, an ally; Brit- tional funds, those funds would likely tinguished Chairman of the Armed ain, an ally. After China, you go to be for programs that have not been di- Services Committee be recognized to Italy, an ally; Saudi Arabia, an ally; rected by the Congress. We must all re- speak for up to 10 minutes. South Korea, an ally; Taiwan, an ally; member that the Constitution gives Mr. WARNER. Reserving the right to Canada, an ally; India, an ally; Spain, the Congress, not the President, the object, I request that I follow the dis- an ally; Australia, an ally; Turkey, an power to ‘‘raise and support armies,’’ tinguished Senator from South Caro- ally; Netherlands, an ally; Brazil, an and ‘‘to provide and maintain a navy.’’ lina with 4 minutes. ally; Israel, an ally; Sweden, an ally; Mr. DOMENICI. I so request. and finally you get to North Korea. Mr. President, I believe that the The PRESIDING OFFICER. Is there So you can look at all the potential Budget Committee has acted wisely objection? threats of the world, and when you add and prudently in recommdending an in- Without objection, it is so ordered. the expenditures of all of our allies to crease to the President’s inadequate re- Following the Senator from Massa- the United States of America, you have quest for defense. chusetts, the Senator from South Caro- to stop and say to yourself, ‘‘What is it In order to buy the same level of na- lina will be recognized for 10 minutes, that we are really preparing for in a tional security in 1997 as we did in 1996, followed by the Senator from Virginia post-cold-war world?’’ we would have to spend $273 billion. for up to 5 minutes. Mr. President, if you look at the po- The President’s request is $18.6 billion The Senator from Massachusetts is tential weapons of most of these poten- below this. The budget resolution pro- recognized. tial threats, you look at Syria, or poses to increase the budget for defense Mr. KERRY. Mr. President, I rise to North Korea, or China. The relative by $11.2 billion; therefore, we are still support the amendment of the Senator difference between Iraq, prewar, and $7.4 billion below the fiscal year 1996 from Iowa, as a cosponsor thereof. I those countries’ weapons today is not level of funding in real terms. Does the begin my comments by saying that, really that enormous. Iraq, prewar, had Senator from Iowa believe that our like most of us here, we all care enor- 338 combat aircraft and 700 tanks. Iran, Armed Forces will be asked to do less mously about the ability of the United today, has less aircraft and marginally in fiscal year 1997 than they did in fis- States to carry out its responsibilities more tanks. North Korea has signifi- cal year 1996? I ask him to answer that. and to have a military that is second cantly less aircraft and maybe 3 times The question we should be asking, to nobody in the world. I believe we as many tanks. But we saw what the therefore, is not whether we should in- have that military, and I think that it military of the United States was able crease the President’s inadequate budg- is vital in the post-cold-war period to to do in a matter of hours, let alone et request by a minimal amount; rath- begin to make a tougher set of judg- days, let alone weeks. The notion that er the question should be: What risks ments about how we are spending we have to be proceeding to invest at a are we taking by not adding more? Our money, what our priorities are within rate that is commensurate with the Nation’s top military leaders answer the military, to guarantee that the re- pre-cold-war period is simply irra- that question. forms that we are promised are deliv- tional. General Shalikashvili, Chairman of ered on, and to guarantee that we are So, Mr. President, I suggest that all the Joint Chiefs, says he is ‘‘very con- making choices about technology that the talk about the United States’ mili- cerned that our procurement accounts are totally connected to the nature and tary capacity being threatened by this are not where they ought to be.’’

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5062 CONGRESSIONAL RECORD — SENATE May 15, 1996 General Reimer, Army Chief of Staff, The PRESIDING OFFICER. Under freedom, or the security interests of says that ‘‘further deferral of mod- the previous order, the Senator from the United States. ernization will incur significant risk to Virginia is now recognized for up to 5 So, Mr. President, while the public future readiness.’’ minutes. may think that we are safe and secure Admiral Boorda, Chief of Naval Oper- Mr. WARNER. Thank you, Mr. Presi- today, the reality is this is a very trou- ations, says ‘‘If we do not modernize, dent. bled world. I think it is our obligation we ultimately place future readiness at Mr. President, I would like to follow to ensure that today, tomorrow, and in risk.’’ on the statements of the chairman of the years to come we are buying ade- General Fogleman, Air Force Chief of the Armed Services Committee when quate numbers of ships, aircraft, and Staff, says that ‘‘Unless we recapi- he said the modernization for the 1996 other items such that the men and talize, we are not going to be ready to fiscal year decline represents the 40- women of the Armed Forces will re- meet the threats of the future.’’ year low since 1950. So I went back and main as they are today—the best And General Krulak, Marine Corps I looked at a chart which shows ex- equipped in the world. We owe no less Commandant, says that ‘‘The Marine actly what we bought just 10 years ago. obligation to those who volunteer to Corps * * * cannot absorb further re- To give you an example, 10 years ago, proudly wear the uniform of the United ductions without sacrificing critical in 1986, the number of tanks we pur- States. core capabilities.’’ chased in the field was 840. This year This amendment would cut $8.3 bil- These statements of our top military we purchased zero tanks. In 1986, tac- lion from the defense budget number officers were made in open committee tical aircraft, 399 tactical aircraft; this reported out by the Budget Committee, hearings. If they were free from polit- year, 1997, 34. Most alarming of all, Mr. and bring us almost back down to the ical concerns, one could expect an even President, is the purchase of naval inadequate level of defense spending re- more candid, and dire, assessment. ships. In 1986, we purchased 40; in 1997, quested by the President. Even Secretary of Defense Perry has a mere 6. That is a clear indication, We have heard a lot during this de- acknowledged that ‘‘we have to start Mr. President, of the decline in the bate about the increase in the defense increasing the modernization program equipment. budget contained in the budget resolu- or, we will start to have a real problem When the members of the Joint tion. There is no increase. What the of obsolescence in the field.’’ The Clin- Chiefs came before our committee, I, Budget Committee has done is simply ton administration has certainly together with other Senators, asked slow the rate of decline. achieved consensus among the services each this question: First, what is the But even with the defense number re- and the Department of Defense, but in condition, say, of the Navy today? And ported out of the Budget Committee— a way that the Goldwater-Nichols Act the answer very proudly given by the $265.6 billion—the defense budget will never envisioned. Chiefs is it is in the best condition, it decrease in real terms from the fiscal Our defense needs are underfunded, is ready, and it is well equipped. Then year 1996 level by $7.4 billion. This year from both a historical and operational we asked with this level of procure- will mark the 12th straight year of de- point of view. We are at the lowest ment, what will your successor be able clining defense budgets—even without level of defense spending since 1950. to say 10 years hence? And it is 10 years the additional cuts proposed in this Procurement has been reduced by 70 from the drawing board to the oper- amendment. Enough is enough. percent since 1985, and by more than 40 ational status of most of your major U.S. troops are currently deployed in percent under the Clinton administra- weapons systems, ships, aircraft, 10 separate military operations over- tion. Programs to support our service- tanks, and the like. Each and every one seas. From Bosnia to the Persian Gulf, men and women’s quality of life are in- of those Chiefs looked at the members from the Adriatic Sea to the Taiwan adequate. Our ability to protect our of the committee, and you could read Strait, we are calling on the men and soldiers from ballistic missile attacks their faces. ‘‘We cannot give you an an- women of the Armed Forces at an ever- suffers from lack of funding and com- swer as to what our successor a decade increasing rate. The end of the cold mitment. Our military research and de- hence with this level of procurement war did not bring peace and harmony velopment is anemic. If anything, we would be able to testify today with re- to the world. should be considering amendments spect to the Armed Forces of the It is our responsibility to provide our which provide floors—not ceilings—on United States.’’ troops with adequate resources so they defense funding. Mr. President, I am quite puzzled can effectively and safely perform their I realize that our great Nation has over this amendment because it is so missions. We must not condemn them numerous domestic and international clear that we need these forces. We to enter the battlefield ill-prepared, obligations. But none—I repeat none— need this money. with outdated equipment. As Army of these obligations rises to the level of But I went back and looked at some Chief of Staff Reimer told the Armed our responsibility to provide for the polling data as to how the United Services Committee in March, ‘‘In the common defense. Protection of our Na- States say 10, or 15 years ago viewed event of a conflict, a lack of modern tion’s citizens is the Federal Govern- our defense situation. And clearly equipment will cost the lives of brave ment’s first order of business. Without about half of the people ranked up soldiers.’’ meeting this paramount obligation, the there at No. 1, or No. 2, in their con- In testimony this year before the basic guarantees of ‘‘life, liberty and cerns about the security of the United Armed Services Committee, our mili- the pursuit of happiness’’ can easily be- States and how that appears in polling tary leaders were candid about their come empty promises. data today. Mr. President, the top item assessment of funding requirements, Defense spending is now at its lowest is the balanced budget, 26 percent; mo- and their concerns with the level of level in the second half of this century. rale, 14 percent; crime, 11; taxes, 10; funding proposed by the President. This half century has been the era of welfare, 10; jobs, 8; national defense— They recognize that today’s military American superpower status. Our su- only 4 percent of the people are con- is second to none as a result of actions perpower status is not something we cerned; that low level of people, di- taken 10 years ago. I told all of the can maintain cheaply. We won the cold rectly in conflict with the information service chiefs that their challenge war through our steadfastness and ro- that has been discussed on this floor today is to ensure that the military bust military capabilities. Yet, we are about the threat that is poised against leaders 10 years hence have the forces asked by the administration and sup- the United States. and equipment they will need to pro- porters of this amendment to continue The Defense Intelligence Agency tect our Nation’s interest. It was clear undermining our military capabilities. looked back 10 years and found but from their testimony that the budget I hope the Members of the Senate maybe 30 different spots of the world submitted by the President would not will agree with me that we cannot af- which we termed as ‘‘hot spots’’ into provide for that capability. ford for our Nation to be less vigilant, which our troops might be called. That Because of the Armed Services Com- less capable, and less ready. I strongly was 10 years ago. Today, that is num- mittee’s concerns with the low level of urge the Senate to vote against the ber is 60 areas of the world into which funding contained in the President’s Grassley amendment. our troops might be called to defend request, the committee requested each

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5063 of the services to provide a list of ur- Mr. President, I yield myself 10 min- the money for modernization. Other- gent requirements that were unfunded utes. wise, we are just throwing good money in the administration’s request. These How much time do I have? after bad. lists totaled over $20 billion, and were The PRESIDING OFFICER. Seven- When will we learn, I ask my col- used as a guide by the committee in teen minutes. leagues, that it is not the proper way adding $12.9 billion during our recent The Senator from Iowa is recognized. to do things, that it just encourages markup. Mr. GRASSLEY. Mr. President, first more abuse of the taxpayers’ dollars. I I was particularly concerned that the of all, we have been hearing from a lot guess I would beg my colleagues, par- Clinton budget would continue the pre- of very competent Senators who are ticularly those on this side of the aisle, cipitous decline in the procurement ac- members of Defense Appropriations, to consider the same sort of intense counts—or as Admiral Owens has who are members of the Senate Armed look at spending that you do when you called it, the crisis in procurement. Services Committee, who have the re- look at domestic programs. You always Despite promises last year from Ad- sponsibility to make sure that we meet want to make the other side of the ministration officials that the mod- our defense needs. aisle understand that throwing money ernization ramp up would begin in fis- I compliment them for doing that. at a problem does not solve the prob- cal year 1997, the decline continues. We We have people on the Armed Services lem. We tell them, the liberals of this are now at a 40-year low—not since the Committee who are using budget argu- body, that it is how you spend the start of the Korean war have we spent ments rather than national security money, not how much you spend. so little on purchasing new weapons for arguments. I think if they want more When are we going to learn that that our troops. money for defense, they have to be able same principle which fiscal conserv- To give just a few examples—in fiscal to justify it on national security atives use against the liberals of this year 1986, we purchased 840 new tanks, grounds. While I have these good town on domestic social programs also this year, no new tanks were requested; friends of mine who are members of applies to the defense budget? in fiscal year 1986, we purchased almost this committee saying why we ought to Those arguments that are made by 400 new tactical aircraft, this year, 34 spend more, one of the reasons I feel my colleagues are more budget argu- new tactical aircraft were requested; very good about having Senator EXON ments than they are national security and in fiscal year 1986, we purchased 40 as a cosponsor of my amendment is be- arguments, and I think that is why new ships this year, only 6 new ships cause he brings good judgment to this they miss the point. Many of my col- were requested. issue because he sits both as a senior leagues then want to keep pumping up Even though the Joint Chiefs of Staff member of the Senate Armed Services the defense budget. I say it makes no unanimously recommended a procure- Committee and he is also the senior sense at all. Not only does it make no ment budget of $60 billion as soon as Democrat on the Budget Committee. sense; it defies reason. It defies under- possible, the administration proposed a So I believe that Senator EXON as well standing. budget of only $38.9 billion for procure- has a point of view that he can bring to Threats to our national security, ment in fiscal year 1997. Ten years ago, this, and I thank him for doing that, that is the engine that is supposed to the procurement budget was over $100 but I hope that my colleagues on this drive the defense budget, but in this de- billion in 1997 dollars. If the adminis- side of the aisle who oppose what I am bate we do not see it driving. It is tration has its way, the $60 billion pro- doing know that we have taken both strictly a budget argument: More dol- curement budget recommended by the the national security argument and the lars are going to accomplish more de- Joint Chiefs will not be seen until fis- budget argument into consideration. fense. Not so. That point was brought cal year 2001. Senator STEVENS has suggested that home nicely in Colin Powell’s book, We cannot afford to further delay the the defense budget should not be de- ‘‘My American Journey.’’ This is what recapitalization and modernization of fined and sized to the threat as we General Powell said he learned during our military equipment. Our troops in know it today. There may be some un- a tour of duty with the National Secu- the field a decade hence will inherit known threat out there, I would have rity Council, and I quote from page 340: outdated, obsolete equipment if we to admit, but we do not know about it. Overarching all other concerns was our re- allow this procurement decline to con- But that is not how it is done. We al- lationship with the Soviet Union. Our de- tinue. ways determine the size of the budget fense strategy and budget were almost whol- During markup, the Armed Services by the threat that we see today and in ly a reflection of Soviet capabilities and in- Committee added almost $8 billion to the future. What we see is a dramatic tentions as we read them. The size and the these vital procurement accounts. This decrease in the threat, so why should state of the Red Army were the measures will not solve the problem, but it is a the budget go up? The budget should against which we built our forces. step in the right direction. We must not go up. That is why I have my So for Senator COHEN, who raised the not backslide now from our determina- amendment here. question of, do we know about the So- tion to adequately modernize the force. I say to my good friend from New viet threat, well, Colin Powell says we I share my colleagues’ desire for def- Mexico, the remarks that he made in know about that threat. We made our icit reduction. But placing at risk the the opening of the debate against my judgments based on that threat. That security of this Nation and the lives of amendment are macrobudget argu- is the word from the last Chairman of our troops is not the way to achieve a ments, not national security argu- the Joint Chiefs of Staff. balanced budget. ments. The fact is the Soviet threat is The military power of the Soviet Our defense budget is already at its history. In constant dollars, we are Union was a principal driver behind our lowest level—in real terms—since 1950. still very close to the cold war spend- defense budget. Well, the Soviet Union We cannot afford to go any lower. ing average. What is more, this budget is history. Russia might not be history, I urge my colleagues to vote against is not based on a valid national secu- but things are changing there. The this amendment. rity strategy. It is based on an out- threat is gone. We all agree the cold The PRESIDING OFFICER. Who dated strategy. It is a cold war strat- war is over. Using General Powell’s yields time? egy. ruler as a guide, the defense budget Mr. DOMENICI. Mr. President, did we Furthermore, history shows more should be coming down, not going up. not have any other agreements? money does not mean defense if re- When the Soviet Union went down, our The PRESIDING OFFICER. Under forms are not made. And they have not defense budget should have come down. the order that was the last speaker, the been made despite the promises. The Now, I know we still live in a dan- Senator from Virginia. Secretary of Defense has said mod- gerous, unstable world. I admit that. I Mr. STEVENS. I am perfectly willing ernization would be paid for through know we have vital interests overseas to wait for the Senator from Iowa, if he reform savings. That would take care that we want to be able to give direc- wants to use some of the time. of the concerns of the Senator from tion to, and the military is one way of Mr. DOMENICI. That is fine. New Mexico. But we have not seen the doing that. I suppose I have to realize Mr. GRASSLEY. I will be glad to do savings. The responsible way is to force the live fire maneuvers of Communist so. the savings to occur so we will have China over the Taiwan Strait is a

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5064 CONGRESSIONAL RECORD — SENATE May 15, 1996 harsh reminder of that. We need a Aegis destroyers, one of the most so- I do not think there is anybody on strong defense. We can have a strong phisticated systems that we have? the floor who can tell you what the defense, but that defense has to be de- General Powell did not fight the So- threats are going to be in the future, 5 fined within the concept of our budget viets. He fought the Iraqis in 4 days. He or 10 years out. We have to start pro- needs. It has to be defined in a way fought them in 4 days because we had curing today to meet those threats as that is attainable. It is different now the strategy and the capability to take best we can. You cannot wait until the than it was before the fall of the Soviet down their army in that period of time threat occurs and then decide you want Union. I think President Clinton is pro- with limited loss of life. I daresay, if to build more submarines or cruise viding one. we want to quote from pages other missiles or aircraft or tanks. We have For those of you who have some than page 320 of General Powell’s book to start the procurement now. doubt, I have given you the benefit of —we should not engage in selective The President of the United States that doubt. In fact, the numbers in this quotation because a quote taken out of said we were going to increase procure- amendment are dictated through our context can be used as a pretext. I ment 2 years ago, in 1996. He did not do cooperation with Senator EXON be- doubt very much whether General Pow- it. He broke that promise. He said wait cause, sitting on the committee, he felt ell is saying that the President’s budg- until next year, 1997. He broke that that there should be maybe some lee- et is adequate to meet the threats of promise, too. Now we are told just give way. I am willing to give that leeway the future. us until 1998 and once again procure- based upon the judgment of a member I have page after page of statements ment will go on the upswing. of the Senate Armed Services Com- coming from our service Chiefs. The It is our responsibility to listen to mittee. Chairman of the Joint Chiefs, ‘‘I am the service Chiefs, the Joint Chiefs of President Clinton has the defense very concerned our procurement ac- Staff, the ones who are writing us say- budget on the right track. He has it on counts are not where I think they ing, ‘‘We can use more. Yes, we can live the right glidepath. A smaller threat ought to be * * * [We] must commit with this budget the President has sub- requires a smaller defense budget. ourselves to a sufficient procurement mitted if we have to. We are on the President Clinton’s $254.3 billion re- goal, a goal I judge to be approxi- ragged edge right now. We do not know quest for fiscal year 1997 reflects that mately $60 billion annually.’’ what tomorrow will bring. You have to change in threat. His budget addresses Chief of Staff of the Air Force: ‘‘Un- give us more assistance here. We need our real defense needs in the post cold less we recapitalize, we are not going more assistance if you can give it to to be ready to meet the threats of the war. There is just one problem, though, us.’’ future.’’ with his budget. The bureaucratic ma- That is what they have been saying. Chief of Staff of the Army, General For the first time this year, as com- chine at the Pentagon is still running Dennis Reimer: ‘‘Further deferral of pared to all other years where they on cold war inertia. Pentagon bureau- modernization will incur significant have previously said we can live within crats are trying to craft a cold war pro- risk to future readiness.’’ gram with a post-cold-war budget. Adm. William Owens, Vice Chairman the budget, now they are saying we That is going to lead us to trouble. It of the Joint Chiefs, ‘‘I want to talk could use a little bit more. They have is going to lead us to another hollow about procurement because I believe it been honest about it. They have come force like we had in the 1970’s. The cold is the crisis in the defense budget to us. war warriors will have to rob the readi- today,’’ and on and on, page after page. I have a list some two pages long to- ness account to pay for all their cold These are the people who are seeking taling $21.1 billion that the service war programs. They have to rob the to throw good money after bad? Chiefs have indicated to us they could readiness account because the cold war Mr. President, it is really ironic, this use for modernization and procurement programs are all underfunded. They are whole debate. Last year we had the accounts, funding that is needed to all underfunded because their out- same thing, the same sort of approach. meet the future threats. Yet, sure, they rageous price tags cannot be justified We have people coming up, supporting will come up and swear, take an oath, without a Soviet threat. an amendment such as this—the same and say, ‘‘We can live with it if we have I yield the floor and reserve the re- people who get on the floor here and to. But we are telling you we need mainder of my time. vote to cut back on defense spending more.’’ The PRESIDING OFFICER (Mr. because they think it is too much, and The Members who write to us saying THOMPSON). Who yields time? yet they send us letters. I will not take give us more, they ought not come to Mr. DOMENICI. Mr. President, Sen- the time or embarrass the Members the floor today and vote for this ator COHEN desired some additional who have sent these letters. Here is the amendment and say we are going to time. How much did the Senator want? compilation of all the letters Members vote to cut defense and then come back Mr. COHEN. How much time does the sent to us, ‘‘Please, we need more later and say we want our systems Senator have? money for defense.’’ funded. Mr. DOMENICI. Five minutes. Does I have talked to my colleague from Mr. President, I can tell you from Senator STEVENS want 5 minutes. Alaska. Mr. President, 60 percent of the this Member’s point of view, I am going Mr. STEVENS. I will have 5 minutes. people who wrote these letters here to to see to it that all of those requests Mr. DOMENICI. Five minutes each, the Defense Authorization Committee are denied and deleted, if that is the all right, in that order. and the Appropriations Committee case, because they cannot have it both Mr. COHEN. Mr. President, it is curi- —their requests were complied with— ways. You cannot say you want more ous, and I should say ‘‘curiouser,’’ as I they come on the floor and they vote for defense privately and get on the sit in the Chamber and listen to this against the spending. And they say, floor and say we are going to cut it debate. My colleague from Iowa says ‘‘By the way, do you think you can publicly. we are going to throw good money help us out, we think we need more as- I yield the remainder of my time. after bad. sistance in these systems?’’ So the The PRESIDING OFFICER. The Sen- Are you saying that we are throwing same people who are cutting the de- ator from Alaska. bad money at our systems? Is that fense budget request here end up get- Mr. STEVENS. Mr. President, I have what we tell the American people? Is ting the systems funded so they can a chart here that shows the situation that what we tell the men and women stand proudly on the floor and say, ‘‘I in the last 10 years. We have three in the service, that we have been am for lower defense but, my God, basic types of spending: Defense discre- throwing bad money at them? Was it please help spend some more money for tionary, domestic discretionary, man- bad money that we spent on the stealth our projects.’’ datory spending. In 1987, in terms of fighter aircraft that were able to take I think it is time we put an end to 1997 dollars, we had almost $375 billion out the Iraqi defense in a matter of a that. I think it is time we put an end in defense money. The discretionary few hours? Was it bad money that we to Members saying ‘‘We need more for spending was considerably less than spent on cruise missiles that we used defense’’ who then come to the floor that, and this the entitlement, the to take out their weapon storage facili- and posture, saying, ‘‘We are for lower mandatory spending in this year. In ties? Was it wasted money we spent on defense spending, the cold war is over.’’ our budget it is down 34 percent from

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5065 1987 for defense. It is up 31 percent in and the four of us are here because of comments. I urge the defeat of this terms of discretionary spending, do- that. amendment. mestic discretionary. And it is up 41 But the President’s budget cuts mis- The PRESIDING OFFICER. The Sen- percent in terms of mandatory spend- sile defense and 77 percent of the people ator from Iowa has 7 minutes. ing. We have, in fact, as the Senator think we now have the capability of de- Mr. GRASSLEY. I yield myself 5 from Iowa demanded, reduced spending. fending this country against missiles, minutes. We have reduced spending by 71 percent which is not true. Not unless we spend Mr. President, you just heard the last in terms of procurement in defense. some of the money that is absolutely two arguments. The basis of those ar- Our money for defense is 71 percent less necessary. guments is blue smoke. The savings than it was before. We have reduced Mr. COHEN. Will the Senator yield? promised—now I am talking about sav- manpower down. Even though it is vol- Mr. STEVENS. Did the Senator want ings promised—by the Defense Depart- untary, we still have reduced man- to ask a question? ment through infrastructure reforms power by 33 percent. Mr. COHEN. I was just going to ask, should have occurred regardless of all I have the same comment that the my understanding was that the Presi- these letters that have been referenced Senator from Maine has made. I have dent went to California and said we here, all the letters that my friends are here the list of last year, the requests needed more C–17’s, not fewer. So we referring to. from Members that came to the defense have people going out to the local dis- The money was supposed to go to- appropriations subcommittee, for tricts, or States which are politically ward modernization, but it did not ma- Members’ add-ons. About 20 percent of populous, and appealing for votes in terialize. I will not tolerate throwing good money after bad, and that is why them were actually mentioned in the the fall, saying, ‘‘Gee, how can we help I am offering this amendment. President’s budget, but even those, you? Can we keep that base open? We I want to elaborate just a little bit are not going to shut down a facility in most of them, the request was to in- on savings promised that never mate- Texas or California, we are going to crease the President’s budget. This is rialized. I want to say that there is an- keep it open,’’ in order to purchase the book of all the letters that we re- other good colleague of ours, Senator ceived from Members. We accommo- votes. I think the time has come for us JOHN MCCAIN, who is a member of the to listen to what the service Chiefs and dated, as the Senator from Maine said, Armed Services Committee. He put out the Chairman of the Joint Chiefs are approximately 60 percent, almost every a white paper entitled ‘‘Ready Tomor- saying, I say to my colleague from request we got from Members and, I row: Defending America’s Interest in Alaska: They need more not less. might say, about 60 percent to the the 21st Century.’’ On page 23, he had The President submitted a budget, Armed Services or the Appropriations this to say: Committee were added on. and that budget has defined the na- tional security needs. What the mili- We must, therefore, look for ways to do There you are, the Members who more with less, and we must make the hard want to see how they succeeded last tary people are really saying is, ‘‘We’re choices to ensure the best military force year in adding money to the budget, at the edge. We have to start ramping within the limited resources available for de- there it is. The reason we are able to do up on procurement. We should have fense. that is because we won the battle with done it 2 years ago. We don’t need it That is the essence of my amend- the President. We added money last next year; we need it now.’’ ment. I am not saying Senator MCCAIN year. I support what the Senator from is for my amendment. I am just saying This time the President has come Alaska is saying. We cannot afford to Senator MCCAIN is a member of the down from even the amount that he continue to do this. When my colleague Armed Services Committee and in that agreed to for 1995. In any event, we are from Massachusetts says what happens one sentence and throughout his entire going to be cutting from the 1995 level when we are spending more money paper lays out a basis to end this belief for next year. than our friends from Germany, Japan, that we have around here, particularly I agree with the Senator from Maine, Italy, or all of our allies, when the 911 on this side of the aisle, that all you there is no way that we can accept the call goes out, are we going to send the have to do is throw more money at de- concept of having people vote to cut British fleet to Taiwan? Are we going fense and you get more defense. the money and then come in and tell us to send the Italian fleet or the German If I thought that the Defense Depart- their State absolutely needs additions fleet? ment was trying to save money, I to even the budget prepared by the The fact of the matter is, we are the might feel differently about adding Budget Committee. We did that. We superpower. If we can change that, we $11.3 billion to the defense budget. The even added to the levels of the Armed can say, ‘‘We don’t want to be a stabi- extra $11.3 billion would be used pri- Services Committee in the appropria- lizing force in Europe or Asia.’’ If that marily for modernization. tions process, and Members will re- is the case, let us make that deter- The weapons and equipment that the member that argument on the floor. mination, but we ought not to do what military purchased over the past 20 But this is unconscionable. When you we are doing now, and that is, con- years obviously is starting to age. If we look at it—just take the C–17. Right stantly rob procurement in order to are to maintain our military edge in after the turn of the century the only keep ready and then keep ready by the future, then we must begin to re- airlift we will have to take our Armed overutilizing the ever-diminishing in- place all this stuff at some point. I Forces overseas will be the C–17. We ventory that we have. agree, but my Republican colleagues originally were going to order 240 of We have to make procurement want the extra $11.3 billion to get the them. The President’s request comes changes. The President is unwilling to ball rolling, and I do not think that down to 120. Mind you, that will be the do so in an election year, saying, ‘‘Wait ball is ever going to roll. only transport beyond the year 2006. I until next year; wait until I get by 1996; From day one, senior defense offi- do not understand people when they wait until 1997 or 1998.’’ We cannot af- cials, like Secretary Perry, have been say you have to cut that even further. ford to do that unless we are willing to making an important promise: New The President’s level will take it to place our men and women in jeopardy. weapons would be bought with savings 120. There is no way we can project our Mr. STEVENS. Beyond that, I won- from lower infrastructure costs. capability to defend this country with der how many people drive to work in Mr. President, all the evidence indi- these continued changes. the Senate in 30-year-old vehicles. The cates that the promised savings are no- The Senator from Virginia was here. people who are flying our planes are where on the horizon. The General Ac- He mentioned to us about the time four flying planes made 30 years ago. By the counting Office has just completed a of us here, Senator INOUYE, myself, turn of the century, every plane we review of the defense infrastructure Senator WARNER, and Senator NUNN, have in the inventory will be 30 years costs. Infrastructure dollars are spent sat in Israel when we awaited the in- old, except for the B–2 and F–117. to maintain the bases, facilities, and coming Scud, the missile that was shot The PRESIDING OFFICER. The Sen- activities that house and sustain the at Tel Aviv while we were there. Thank ator’s time has expired. armed services. They are support costs. God there was a Patriot there and Mr. STEVENS. I thank the Senator In a nutshell, this is what the GAO thank God it did glance off that Scud from New Mexico. I have finished my found:

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5066 CONGRESSIONAL RECORD — SENATE May 15, 1996 Despite four rounds of base closures and The PRESIDING OFFICER. The Sen- LISTEN TO SOME OF THESE PEOPLE ON dramatic and continuing cuts in force struc- ator from Nebraska. THE FLOOR TONIGHT. ture, there are no savings. Mr. EXON. Mr. President, I thank my I think too much of the Chairman of Defense infrastructure costs are friend for yielding. Everybody wants to the Joint Chiefs and the Joint Chiefs to going up, not down. The driving force know about when we are going to vote. think they would put their stamp of behind the base closure effort was to As far as I am concerned, it looks like approval on something just to kowtow save money by reducing overhead. Our we can vote shortly after or about 6:45. to the President of the United States. I base structure exceeded the needs of I am going to take 5 or 6 minutes, think they are better, I think they are our sinking force structure. The whole whatever additional time I need, after bigger men than that. idea was to close excess bases and to the 1 minute allotted to me by my I simply say, any time you want to save money. friend from Iowa, and I yield myself spend more money for defense and call Once again, savings promised by the the time off the bill. in some military people and say, ‘‘If Pentagon have evaporated into thin I have been listening in total amaze- you had more money, how would you air. Here was a golden opportunity to ment to the statements that have been use it?’’ of course, they would come up save money, and the Pentagon blew it. made here. First, I want to say in an- with something. I would be surprised if I know base closings require upfront swer to the statement that had been they did not. costs, in some cases substantial. But made by the chairman of the com- I simply say, also, that you would upfront costs are supposed to be fol- mittee early on that the committee of think that Senator GRASSLEY’s amend- lowed by downstream savings. That is jurisdiction for authorization, the ment, cosponsored by myself and oth- Mr. Perry’s promise; that is Mr. Per- Armed Services Committee, already ers, was a further cut in defense. It is ry’s testimony before the committee. voted 21 to 0 for the change that we are an increase of $3 billion. It is an in- He has identified $10 billion in savings. suggesting here now. I speak for myself crease of $3 billion over what was rec- Mr. Perry promised the money would and several other members of the ommended by the Pentagon. But you be used for the modernization that my Armed Services Committee who voted have people on this floor who are so ex- colleagues are calling for here. 21 to 0 for the bill, because we thought pert, who have sacrificed themselves to That is fine and dandy, but where is basically it was a pretty good bill, but be in Israel and were saved by a Patriot the $10 billion in savings? The GAO just before that vote was taken, this missile. You know, it is a little too cannot find the money. It has audited Senator and others indicated that they much for this Senator, who has stood the books and finds infrastructure would be offering some amendments on stalwart for defense spending ever costs will rise significantly in the out- the floor, including amendments with since I have been here. years. regard to the level of funding over the So what we are doing with the Grass- It is true, base closings did, in fact, President’s mark. That is what I am ley amendment is to provide $3 billion produce some real savings, but under- doing now. more than the Pentagon and the Presi- score ‘‘did,’’ which is past tense. Unfor- I have heard in total amazement here dent said was needed. These people who tunately, as soon as those savings General Shalikashvili, the Chairman of are criticizing this amendment have popped up on the radar screen, Pen- the Joint Chiefs of Staff, who put his decided on their own that they are the tagon bureaucrats grabbed the money seal of approval on the President’s experts, that they are the ones who and spent it. The money is not being budget, being quoted tonight as if you know how much money we should plowed into modernization and readi- would think General Shalikashvili was spend for defense, regardless of what ness, as Mr. Perry promised. Those sav- for the increase. He is not. He is not for the Pentagon and the Commander in ings are being diverted into new infra- the increase. Chief says. They want an $11 billion in- structure projects, like new head- These Senators that have been up on crease. quarters. the floor saying, ‘‘Well, the military The Grassley amendment says, ‘‘All The PRESIDING OFFICER. The Sen- says they need it.’’ You show me a right. We don’t think that much is nec- ator’s 5 minutes has expired. military man worth his salt, and you essary. Some of us would like to go Mr. GRASSLEY. Mr. President, I go to him and say, ‘‘You know, what down to what the Pentagon says is give myself 1 more minute, and the last more could you use?’’ I would be needed, but we’ll go along with the $3 minute I give to the Senator from Ne- shocked and disappointed if such a billion increase.’’ But that is not braska to close. military man would not say, ‘‘Well, I enough, evidently, by what I have If we do not hold the Defense Depart- want this and this and this and this.’’ heard here tonight. ment’s feet to the fire, the savings will The facts are, the President’s budget I also heard statements—the Senator be frittered away on pork projects. has the stamp of approval of General from Texas, for example, complained Base closures and continued shrinkage Shalikashvili, the other members of that if the Grassley amendment is in the force structure should have one the Joint Chiefs, and the Commander adopted, military personnel would not inescapable result: lower infrastructure in Chief, the President of the United get their 3 percent pay increase, as I costs. I hope my colleagues on the States. All of these comments that I understand it. The fact of the matter Armed Services Committee will make have heard on the floor would lead one is, that is not accurate. The facts are sure that that happens. to believe that this is a group of people that the 3 percent increase to the mili- I have referred to Senator MCCAIN’s who were trying to destroy our na- tary personnel is included in the Presi- white paper. Right at the top of Sen- tional defense. dent’s budget. The Grassley amend- ator MCCAIN’s list of places to save The amendment that I am cospon- ment provides $3 billion over and above money are infrastructure require- soring with my friend from Iowa is that. ments. This is what he has to say: being attacked exactly as was the I simply say that I never have been Infrastructure and military force structure Exon-GRASSLEY AMENDMENT 2 YEARS very much impressed by a group of need to be brought back into balance. Elimi- AGO. THE SAME TYPE OF PHRASEOLOGY, Senators getting together saying they nation of excess infrastructure would reduce THE SAME TYPE OF WORDING—‘‘DEV- know more about everything, the needs operating costs and free up funds to main- ASTATING NATIONAL DEFENSE.’’ I SIMPLY of the national defense, than even the tain force readiness and to modernize our SAY THAT IF YOU BELIEVE THE PRESI- Pentagon. I want to make it clear once smaller force. DENT OF THE UNITED STATES, THE again that the Pentagon agreed to and I agree with my friend from Arizona CHAIRMAN OF THE JOINT CHIEFS, AND gave a stamp of approval to the Presi- 100 percent. I only hope that when we THE JOINT CHIEFS THEMSELVES, AND THE dent’s budget. It is only these people, get to the defense authorization bill, he PENTAGON WOULD PUT THEIR STAMP OF who I know are well-intentioned—and I will help me find an enforcement mech- APPROVAL ON A LEVEL OF DEFENSE know of their good intentions—that anism. We need an enforcement mecha- SPENDING OUTLINED IN THE PRESIDENT’S have said, ‘‘No. That’s terribly wrong. nism. BUDGET THAT WAS NOT SUFFICIENT, THEN It will destroy our national defense. So The PRESIDING OFFICER. The Sen- YOU ARE INDIRECTLY ACCUSING THEM OF arbitrarily we have come up with $11 ator’s time has expired. DESTROYING THE NATIONAL DEFENSE OF billion more that we need for this.’’ I Mr. GRASSLEY. I yield the floor. THE UNITED STATES OF AMERICA, IF YOU would rather trust the real military

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5067 leaders and experts in the Pentagon. In effect, our amendment accepts the even though the additional buying But I am willing to say, OK, let us add higher defense spending levels for fiscal power provided by these funds was not $3 billion. year 1997 currently in the budget reso- anticipated by the Defense Department I have heard here tonight that if the lution. However, it places a fence nor was it requested. $4.3 billion of Grassley amendment is not defeated, it around $8.3 billion in budget authority these inflation savings are built into will end all of the work that is being and $2.3 billion in outlays. If the Presi- the administration’s fiscal year 1997 de- done on Star Wars or a version of it. I dent certifies that, in fact, these addi- fense budget. would simply point out that all of the tional funds, are required for our na- I am concerned that in the rush to Star Wars technology that has been pa- tional security, the funds will be re- increase defense spending, we have ig- raded out here in speeches tonight leased. If the President does not make nored the fact that in terms of buying would lead one to believe that Star this certification, the funds will go to- power, the administration has already Wars, or a version of it, would not go ward deficit reduction. proposed significant increases which ahead if the Grassley amendment is This is a reasonable amendment. It we are now building into our own num- adopted. But the increases that the gives the President every opportunity bers without any acknowledgment or Senate Armed Services Committee and to use these funds for defense should discussion. Senator GRASSLEY, Senator the House National Security Com- there truly be a need to do so. BRADLEY, and I raised this issue with mittee approved above the President’s Last year, when the Senate passed its the Budget Committee earlier this year request were only $300 million and $330 version of the fiscal year 1996 budget and I ask unanimous consent that a million, respectively. resolution, the Senate endorsed the ad- letter on this subject be printed in the Senator GRASSLEY and I are adding $3 ministration’s defense spending level RECORD at the conclusion of my re- billion. So everything that these people for fiscal year 1997. When proponents of marks. who are out here attacking the Grass- more defense spending tried to increase The PRESIDING OFFICER. Without ley amendment as ending the star wars defense spending over the next 5 years, objection, it is so ordered. research is not true. We can do every- the Senate rebuffed that effort. (See exhibit 1.) Mr. KOHL. If we are serious about re- thing they want to do because their re- The vote last year gives me con- ducing the deficit and achieving a bal- quests are only about $300 million in fidence that our amendment will suc- anced budget, we cannot increase 1997 above the President’s request. We ceed today, for there is bipartisan sup- spending when favorable economic con- could do all of what they want to do, port for maintaining defense spending ditions bring down the costs of Federal have all the Patriots we need to pro- at reasonable levels. On May 23, 1995, in a strong bipartisan vote, the Senate de- programs. We must use these savings tect Senators who are in Israel with to help pay off our burgeoning debt. feated an amendment to last year’s the $3 billion. We could spend the $300 Yet, here we are turning around and budget resolution which would have in- million that they want for Star Wars giving the Defense Department even creased defense spending above the for this year and still have $2.7 billion more. on top of that. level requested by the administration. And with all due respect to my col- I simply say, Mr. President, there is Sixty Senators voted against that leagues, there never seems to be a spe- room for argument on all of these amendment to increase defense spend- cific goal here: It is always just more things. But there is not room, I do not ing not only for fiscal year 1996 but for defense spending. Two years ago, we think, to conclude that others are in fiscal year 1997 too. Unless they have had a readiness crisis, now we have a bad faith. It is wrong to say that Gen- changed their minds, the same 60 Sen- so-called modernization crisis. Unfor- eral Shalikashvili does not support this ators should support this amendment. tunately, the only crisis we have here budget, because he does. Senator It offers another chance for the Senate is a crisis of hemorrhaging tax dollars. GRASSLEY and Senator EXON are say- to support reasonable defense spending No one has made an effective case as ing, ‘‘OK, we give you some leeway. levels. to why we must be spending even more We’ll add $3 billion on top of what the Let us review some of the numbers on defense. After more than four dec- Pentagon said is needed. That should for a minute, in case anyone is con- ades of building up a defense infra- be enough.’’ I urge the support of the cerned that the proposed level of de- structure to respond to the menace of Grassley amendment. fense spending in our amendment is the Soviet Union and its Eastern bloc I am prepared to yield back the re- anything less than robust. Our amend- allies, we are now pumping even more mainder of our time if we have any left ment does not reject the $266.4 billion money into this same infrastructure and proceed to go to a vote. in budget authority and $264.6 billion without any real effort to reassess the Mr. MCCAIN. Mr. President, I lis- in outlays as called for in the budget basic assumptions underlying our na- tened with great interest the com- resolution reported out by the Budget tional security posture. Is our defense ments made by the senior Senator from Committee. Should the President de- spending relevant to the threats of the Iowa—especially those that referenced termine that the money we fence is not future? We cannot possible answer that my defense white paper. For the needed for defense then, eventually, question for the real conundrum is that record, I strongly oppose the Grassley $8.3 billion in budget authority and $2.3 we have no idea what these threats are. amendment. And while I am flattered billion in outlays will be returned to And, we are having a hard enough time that he choose to quote from my paper, the Treasury, a mere 1-percent reduc- articulating what we need to face the the report makes the clear case that tion in the spending level endorsed by current threats. funding for our Nation’s military is far the Budget Committee. Frankly, we are facing no major too little to fully meet our vital na- Let me say a few words about infla- threats today. When the American peo- tional security needs. tion adjustments. Senators should real- ple talk today about insecurity, they Even though we are seeking to add ize that thanks to adjustments in the are talking about job security, per- $11 billion to secure our national de- cost of doing business for the Pentagon sonal security, and perhaps moral secu- fense, these limited resources are being we are really talking about an increase rity. Even the threats to our national stretched to the limit. I intend to in- that surpasses the $11.3 billion added security posed by episodes of regional sert into the RECORD a more complete by the Budget Committee in terms of instability and conflict are less likely statement to rebut all of the comments buying power. to be resolved with military force and made by my friend from Iowa. Earlier this year, Secretary Perry more likely to be resolved through po- In closing, let me again emphasize announced that the Defense Depart- litical or diplomatic intervention. To my strong opposition to the Grassley ment had discovered $45.7 billion in in- be sure, we need a strong defense. We amendment and urge my colleagues to flation savings after reestimating the need to develop a strategy and main- vote against the amendment. defense budget for FY1997–2001 using tain a force structure to protect and Mr. KOHL. Mr. President, I join lower inflation rates from the Bureau advance our interests in the new global today with Senator GRASSLEY to urge of Economic Analyses. The administra- environment. If we could start over my colleagues to support this very sim- tion gave the Defense Department the again and create a new force structure ple amendment to put some restraint green light to plow $30.5 billion of these from scratch to meet the new chal- in our defense budget. funds back into the defense budget lenges of this era, I am confident that

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5068 CONGRESSIONAL RECORD — SENATE May 15, 1996 we would have a leaner, more mobile EXHIBIT 1 ture despite several base closures and signifi- and more efficient force at far less U.S. SENATE, cant cuts in force structure. At this crucial cost. Washington, DC, April 18, 1996. time, with our nation struggling to balance Hon. PETE V. DOMENICI, its budget all government agencies must I must confess, I am perplexed by ar- Chairman, Committee on the Budget, share the burden of cost cutting. guments made that we must provide U.S. Senate, Washington, DC. We would urge the Senate to approve your amendment. additional funds to the military be- DEAR MR. CHAIRMAN: We are writing to ex- cause the service chiefs have said they press our strong concern about the Defense Sincerely, JILL LANCELOT, want these funds. Of course they do. Department proposal to spend some $30.5 bil- lion dollars in ‘‘inflation savings’’ realized Legislative Director. Are there any Federal agencies, when Mr. FEINGOLD. Mr. President, I asked if they want additional funds, because of lower inflation estimates over the next five years. We urge you to raise this thank my colleague from Iowa, Mr. that would say no? I am certain that if issue during your hearings on the FY 97 GRASSLEY, for offering an amendment we asked each Cabinet Secretary to lay budget and to direct these funds toward def- to the fiscal year 1997 budget resolu- out his or her unmet requirements we icit reduction. tion which seeks to reign in some of would have equally impressive shop- Inflation estimates used by the Defense the excess defense spending in the Sen- Department over the years have been grossly ping lists to compete with those sent ate budget resolution and bring a little over by the services. inaccurate. In the 1980’s, overestimates of in- flation resulted in a $50 billion windfall. common sense to our Nation’s defense I am also puzzled by arguments that That money disappeared. Then two years budget. we must front load defense spending in ago, the Defense Department told Congress The Grassley amendment seeks to re- the early years of a 7-year plan because that it had underestimated inflation and duce $8.3 billion in new budget author- spending in the out years cannot be re- needed another $20 billion to execute future ity and $2.3 billion in budget outlays of lied upon. Mr. President, the spending defense programs. Now, just two years later, the Senate Budget Committee’s mark- we vote for today—much of it devoted the Defense Department is telling us that it up for the Department of Defense for has once again overestimated inflation—this fiscal year 1997, unless the President to new procurement and new research time to the tune of $45.7 billion. This history and development projects—lays the undermines the credibility of the Defense certifies that these additional funds groundwork for increased spending Department’s financial estimates. are needed to ensure the national secu- down the road. Frankly, the spending In its FY 97 budget submission, the De- rity of the United States. proposed today ensures that reductions fense Department is proposing to use $30.5 Mr. President, while I feel this proposed for the out years will not billion of these inflation savings to buy more amendment does not go far enough in occur. weapons systems. cutting all of the $11.3 billion added by We are troubled by the notion that any the Senate Budget Committee over and If we allow this tremendous increase agency should be able to keep such a large above the President’s fiscal year 1997 in defense spending to stand, we are re- windfall and increase its total spending be- request for defense spending, I feel it is inforcing a disturbing trend. Last year, cause inflation estimates were inaccurate. Responsible budgeting demands that these a necessary first step in beginning to for the first time in 14 years, Congress bring some sanity to our Nation’s de- ultimately increased defense spending funds be returned to the Treasury and that the Defense Department not be rewarded for fense spending. As every other budget well above the level identified by the changes in economic conditions. account is on a glidepath to reduction, Defense Department as necessary for Furthermore, purchasing more programs the largest budget of them all—the de- our natonal security. During consider- with inflation windfalls creates tremendous fense budget—is reversing course and ation of last year’s Defense authoriza- instability in program management. moving to return to its artificially tion bill, Senator GRASSLEY and I at- If we truly intend to reduce the deficit, no high levels. The budget resolution area of the budget should be exempt from tempted to bring defense spending back funds the Defense Department at a to the level in the Senate’s budget res- cuts. Cuts must be shared by all segments of our society. The Defense Department is no level of more than $11 billion over the olution by cutting $7 billion. Our exception as long as threats to our national Clinton Administration’s fiscal year amendment was endorsed by a variety security continue to decline. In fact, given 1997 request. The Pentagon is seeking of groups focussed on deficit reduction that the defense budget constitutes as much $254.3 billion in fiscal year 1997 budget and included in the annual scores gen- as 18 percent of the federal budget, we can- authority and $260.8 billion in budget erated by the Council for a Livable not afford to make the Defense Department outlays in defense spending, while the World and the Concord Coalition. an exception. And, we certainly cannot af- Senate Budget Committee has rec- ford to give the Defense Department an un- Although the amendment received expected $30.5 billion. ommended $265.6 billion and $263.7 bil- bipartisan support, it was narrowly de- We urge you to direct these funds toward lion, respectively. Already our military feated. deficit reduction before the Budget Com- budget is more than 3 times that of Russia’s; 17 times larger than the com- I should note that this year the Na- mittee finalizes its FY 1997 budget. Sincerely, bined budgets of North Korea, Iraq, tional Taxpayers Union and Taxpayers HERB KOHL, Iran, Cuba, Libya, and Syria who are for Common Sense have already en- BILL BRADLEY, most often identified as our most like- dorsed our efforts. I ask unanimous CHARLES E. GRASSLEY. ly enemies; and is above the level spent consent that a letter from the Tax- EXHIBIT 2 by Germany, France, England, Russia, payers for Common Sense be printed at TAXPAYERS FOR COMMON SENSE, China, South Korea, India, Japan, and the conclusion of my remarks. May 15, 1996. Australia combined. The PRESIDING OFFICER. Without Taxpayers Say Support Grassley-Kohl Mr. President, this budget plan for objection, it is so ordered. Amendment on Defense Spending the Department of Defense is a recipe (See exhibit 2.) DEAR SENATORS GRASSLEY AND KOHL: Tax- for fiscal havoc, and the Senate should payers for Common Sense is pleased to sup- insist upon more rationality. We sim- Mr. KOHL. Mr. President, no one has port your amendment to the FY97 Budget ply cannot afford to continue spending explained to me how we can maintain Resolution to ‘‘put the brakes’’ on the Pen- at current or increased rates for de- these high levels of defense spending tagon’s budget. In particular, we support your amendment that would fence the Budg- fense, as this budget resolution seeks and reduce the deficit. We cannot con- to do to a tune of $11.3 billion. Nor can tinue to spare the Defense Department et Committee’s $11.3 billion increase to the Administration’s request. We understand we afford to insulate any department, from the deep regimen of cuts we are that the fence would apply to the FY 1997 re- including the Defense Department, asking the rest of our society to ab- quest only. from scrutiny as we seek to reduce the sorb. If we are committed to reducing We understand that your amendment pro- Federal debt. In a year when we are the deficit and balancing our budget, vides that the funds would be released only if cutting programs and fighting for def- we must make the hard votes. the President certified that the additional icit reduction, increasing the defense amount was necessary for national security. I know for some this will be a hard If that certification is not made, the funds budget is simply irresponsible. We can- vote. However, I urge my colleagues to would go to help reduce the national deficit. not achieve a balanced budget by bloat- vote for this responsible approach to According to a recent GAO report, there ing defense spending. Deficit reduction defense spending. have been no savings in the DoD infrastruc- requires that we make very hard

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5069 choices and defense programs cannot standard of living that military per- aircraft. The Air Force has no bomber be insulated in this manner. sonnel and their families expect and modernization program. The Navy is For these reasons, I have cosponsored deserve; third, supporting the force not buying enough ships to modernize Senator GRASSLEY’s amendment to the structure necessary to carry out the even a 300 ship Navy. The Marine Corps budget resolution, supported by the full range of missions that we expect is years away from having a replace- National Taxpayers Union, which seeks our military to perform; and, fourth, to ment for its aging amphibious assault to begin to bring our fiscal house in provide for the modernization that is vehicles. For the Army it would prob- order and to budget a little more wise- the key to the future capability and fu- ably be quicker to list the moderniza- ly for the future. We simply cannot af- ture readiness of those forces. Mr. tion programs they do have left than to ford to jeopardize our country’s eco- President, modernization today is our list the ones they don’t. nomic health and to mortgage our fu- greatest deficiency. The fiscal squeeze on the defense ture by spending tens of billions of dol- We are living off the capital of pre- budget is already intense. As we seek lars in additional funding beyond that vious investment. The men and women to balance the budget—especially if we which the Pentagon and the Clinton in the military continue to perform su- try to enact tax cuts at the same time, administration have requested. perbly every time they are called on. which I hope we will not do—the pres- I urge my colleagues to support the We call on them all the time, as we can sure will get even more intense. This Grassley amendment, and I yield the see every day. We owe it to them to gives me even less confidence in the floor. give them the support they need to do outyear funding predictions that show Mrs. FEINSTEIN. Mr. President, I the job. funds for defense modernization in- rise to speak in opposition to the We also have to ensure that the men creasing. Grassley amendment to the fiscal year and women who will be called on 5, 10 In my view, we need to increase the 1997 budget request. or 20 years from now will have the defense topline now, to restore the bal- The budget provides the Congress same advantages vis-a-vis their poten- ance to our defense program. We also with a framework in which it must tial opponents that our military forces need to preserve the firewalls that the work. By overly restricting the mar- have today, including technological su- Senator from New Mexico has included gins of that framework, we eliminate periority. in both last year’s budget resolution our ability to make the broad budget That latter point is where we are and in the budget resolution that is be- decisions necessary to meet our future having problems today. You can live fore the Senate today to protect any defense needs. Senate Concurrent Reso- off the corpus for awhile. I think our defense increases we are able to lution 57 preserves the Senate’s flexi- force structure has been brought down achieve and to provide some stability bility to consider funding for those pro- about right. We have done a superb job in the defense budget. Firewalls have grams in the defense budget that in bringing it down, the military has, not and will not mean defense cannot should be eliminated and to make in- and keeping up the morale of our peo- be cut, but they ensure that if it is cut creases based on military evaluations ple. the savings go to reducing the deficit and needs for the future. The readiness of our forces is in good and not to spending on other programs. The level of funding the President re- shape today. I do not agree with those We have been reducing the defense quested this year has been questioned who say that we have declined in readi- budget for a long time. The current by many individuals, including the ness. I think our readiness is in good buildown started during President Rea- Chairman of the Joint Chiefs of Staff, shape. What we are really doing, gan’s second term, even before the fall Gen. John Shalikashvili and the serv- though, is borrowing from the future. of the Berlin Wall, and continued, ac- ice Chiefs. We need the flexibility in We do not have enough money in the celerated, throughout the Bush admin- the fiscal year 1997 budget resolution outyears of defense projections to be istration and the current administra- to consider the additions these leaders able to maintain the kind of research tion. However, the time has come to of our Armed Forces have requested and development and procurement that stabilize the defense budget as much as and accept or reject them on their own we must have. possible, since the defense budget has merits, not through a sweeping budget I do believe that the Budget Com- already made a greater contribution to cut. mittee has it about right. I think this deficit reduction than any other part of The PRESIDING OFFICER. All time amendment would take the defense the budget. on the amendment has expired. number down too low. It is important MODERNIZATION FUNDING SHOULD BE Mr. BOND. Mr. President, I ask unan- for all of us to realize that even with INCREASED imous consent that a vote on or in re- the Budget Committee number, which The future readiness and future capa- lation to the Grassley amendment is higher than the President’s, it is less bility of the Defense Department re- occur at 6:55, and the time between in real dollar terms than last year. quires modernization and it requires now and then be equally divided. When we are talking about this budg- research and development, and those The PRESIDING OFFICER. Is there et increasing defense spending, we are are the programs that have been cut objection? talking about relative to the Presi- most deeply during the defense draw- Mr. EXON. That is all right. dent’s budget, not relative to real dol- down. The PRESIDING OFFICER. Without lars last year. This is still a defense The pressure to achieve and maintain objection, it is so ordered. Who yields cut, but it is moving toward stabiliza- a balanced budget will make it very time? tion. I think we do need to move to- difficult to increase the defense budget Mr. BOND. Mr. President, I yield 5 ward stabilizing the defense budget in above current levels, yet current levels minutes to the Senator from Georgia. real dollar terms. I urge my colleagues are still somewhat artificially low as Mr. NUNN. Mr. President, I am not to vote against the Grassley amend- we work our back toward a normal sure that I need that much time. I do ment. level of procurement and a normal not believe the Senator has that much While I believe the funding levels re- level of infrastructure investment. time, if I am looking at the clock cor- quested for readiness, military pay Because we were reducing the size of rectly and dividing the time in half. I raises, and quality of life initiatives in the force and were able to keep the will take just a couple minutes. the President’s budget are about right, most modern equipment as we Mr. President, I rise in opposition to I think there are clearly insufficient downsized, a temporary decline in pro- the Grassley amendment to reduce the funds going into modernizing our force. curement was appropriate. But we are defense spending levels in this budget Modernization, for the most part, is de- now reaching the point where we have resolution. layed into the outyears under the cur- to get our modernization budget back For several years I have been ex- rent future years defense program. And up to a long-term level that will sus- pressing my concern that the projected we all know from experience how illu- tain our forces for the future. We have declining budgets in defense are not sory these budget projections become 4 to start increasing the procurement sufficient from four standpoints: First, or 5 years down the road. budget to prevent the average age of to maintain the current readiness of For the past few years, the Air Force our weapons technology from reaching our forces; second, to provide the has bought virtually no new fighter unacceptable levels.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5070 CONGRESSIONAL RECORD — SENATE May 15, 1996 Similarly, during the BRAC era we They have not gone into moderniza- Pressler Rockefeller Simpson Pryor Sarbanes Wellstone underinvested in facilities moderniza- tion. That is what Secretary Perry said Reid Simon Wyden tion because nobody wanted to waste a he was going to do. They have gone lot of money modernizing facilities we into administrative overhead and NAYS—57 might be about to shut down. But now things of that nature. Abraham Feinstein Lugar Ashcroft Ford Mack that we have made those decisions and If we are going to be promised re- Bennett Frist McCain the BRAC process is over we are going forms, we should see those reforms be- Bond Gorton McConnell to have to put more money in modern- fore we give more money. Whatever Breaux Gramm Murkowski izing and maintaining the facilities we money we give should be based upon a Burns Grams Nickles Campbell Gregg Nunn have left. policy determination of carrying out Chafee Hatch Robb So our challenge will be to have a our national security goals and our in- Coats Heflin Roth budget that is slightly larger than the terests. The other side has not made Cochran Helms Santorum Cohen Hollings Shelby ones now planned, if we are going to the case for more money. Coverdell Hutchison Smith balance the budget it is unrealistic to I yield the floor, and I yield back the Craig Inhofe Snowe plan for more than a slight increase, balance of my time. D’Amato Johnston Specter and the budget plan in this resolution DeWine Kassebaum Stevens Mr. DOMENICI. Mr. President, I Dodd Kempthorne Thomas only increases the budget by about 1 gather the consent agreement has al- Dole Kyl Thompson percent over the levels in the adminis- ready been arrived at that we will vote Domenici Lieberman Thurmond tration’s request—in order to have ade- at 6:55? Faircloth Lott Warner quate funds for capital investments in The PRESIDING OFFICER. The Sen- NOT VOTING—1 weapons and facilities. ator is correct. We will vote at 6:55. Inouye This is why I oppose this amendment Mr. DOMENICI. Mr. President, I The amendment (No. 3963) was re- which would eliminate the increase in thank all the Senators that came to the defense topline number that the jected. the floor this evening and today. I Mr. DOMENICI. Madam President, I Armed Services Committee has rec- think it was an excellent debate. I move to reconsider the vote by which ommended. This increase has gone al- commend my friend, Senator GRASS- the amendment was rejected. most entirely to modernization. I LEY, but I do not believe we should Mr. LOTT. I move to lay that motion think my colleagues will find that the adopt this amendment. on the table. funds the Armed Services Committee Obviously, he is consistent. From The motion to lay on the table was added to the modernization accounts what I can tell, this is not the time to agreed to. have gone mostly, not completely, to expect the President to ask for in- Mr. DOMENICI addressed the Chair. programs the service chiefs have re- creases if they are needed. I believe The PRESIDING OFFICER. The Sen- quested, and generally these are things that will not happen and we will get a ator from New Mexico. the administration was already plan- budget that is politically motivated, Mr. DOMENICI. Madam President, ning to buy. not really one that the Joint Chiefs of might I say to the Senators, since In conclusion, Mr. President, many of Staff totally support. As evidence of there are a lot of them present here to- my colleagues share my concern that that, they have come to the Hill, sin- night, Senator EXON and I have been we have cut the defense budget too far, gularly and together and asked for an trying to work together to see if we too fast and that we are mortgaging additional $15 billion. I do not think can move this resolution and the our future by sacrificing the capability they did that lightly. I think that is amendments along. We would very of our forces 10 years down the road in what they need. much appreciate it if Senators who order to fully fund current readiness. Clearly, we ought to go with the have amendments could begin to tell us This amendment would eliminate our Budget Committee’s number and in due what the amendments are by noon to- ability to fund modernization programs course debate can occur on how we morrow and perhaps begin to turn in vital to the future capability of our spend it. I believe it will be spent wise- amendments by noon tomorrow so we military forces, and I urge my col- ly. can begin to schedule the amendments leagues to reject it. I yield the floor, and I ask for the in some kind of sequence. Mr. GRASSLEY. Mr. President, I yeas and nays. Having said that, Senator EXON and I have 21⁄2 minutes? The PRESIDING OFFICER. Is there a have conferred. Senator EXON is going The PRESIDING OFFICER. The Sen- sufficient second? to lay down the President’s budget at ator is correct. 9:30 in the morning. There will be Mr. GRASSLEY. I yield myself that There is a sufficient second. ample time to debate. There is plenty time. The yeas and nays were ordered. I hope one thing that all my col- The PRESIDING OFFICER. The of time on the resolution. Indeed, there leagues will remember comes out of question is on agreeing to the amend- is time for amendments to the Presi- this debate. We have heard the argu- ment of the Senator from Iowa. The dent’s budget, and we will have some of ment from the other side that dollars yeas and nays have been ordered. The those ready on our side. define our defense. That is an upside- clerk will call the roll. f down way of making national security The bill clerk called the roll. MORNING BUSINESS Mr. FORD. I announce that the Sen- policy and the budget that is necessary f to carry it out. ator from Hawaii [Mr. INOUYE] is nec- The way we decide how much money essarily absent. NOTICE OF PROPOSED we are going to spend in defense is to The PRESIDING OFFICER (Mrs. RULEMAKING define our national security policies, HUTCHISON). Are there any other Sen- Mr. THURMOND. Mr. President, pur- define our needs, have policy to fit ators in the Chamber desiring to vote? suant to section 304(b) of the Congres- those needs, and finance those policies. The result was announced—yeas 42, sional Accountability Act of 1995 (2 The other side has not made that argu- nays 57, as follows: U.S.C. sec. 1384(b)), a notice of proposed ment. They have only made an argu- [Rollcall Vote No. 113 Leg.] rulemaking was submitted by the Of- ment that we need x number of dollars YEAS—42 fice of Compliance, U.S. Congress. The more for defense. That is upside-down Akaka Daschle Kerrey notice relates to Federal service labor- reasoning. Baucus Dorgan Kerry management relations (Regulations Now, the other point I hope my col- Biden Exon Kohl under section 220(d) of the Congres- Bingaman Feingold Lautenberg leagues remember from this debate is Boxer Glenn Leahy sional Accountability Act.) that we have been promised savings be- Bradley Graham Levin Section 304(b) requires this notice to cause of reforms. The General Account- Brown Grassley Mikulski be printed in the CONGRESSIONAL ing Office has told us—the nonpartisan Bryan Harkin Moseley-Braun RECORD, therefore I ask unanimous Bumpers Hatfield Moynihan General Accounting Office—has told us Byrd Jeffords Murray consent that the notice be printed in those savings have not materialized. Conrad Kennedy Pell the RECORD.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5071 There being no objection, the notice States Code to employing offices and to cov- should propose the adoption of the FLRA was ordered to be printed in the ered employees and representatives of those regulations set forth in 5 C.F.R. sections RECORD, as follows: employees. 2411-2416. Section 220(d) authorizes the Board of Di- a. Summary of comments: Two commenters OFFICE OF COMPLIANCE—THE CONGRESSIONAL rectors of the Office of Compliance (‘‘Board’’) addressed the meaning of the term ‘‘sub- ACCOUNTABILITY ACT OF 1995: EXTENSION OF to issue regulations to implement section 220 stantive regulations.’’ One of these two com- RIGHTS, PROTECTIONS AND RESPONSIBILITIES and further states that, except as provided in menters suggested that the term ‘‘sub- UNDER CHAPTER 71 OF TITLE 5, UNITED subsection (e), such regulations ‘‘shall be the stantive regulations’’ means ‘‘only those reg- STATES CODE, RELATING TO FEDERAL SERV- same as substantive regulations promulgated ulations promulgated by the [FLRA] that ICE LABOR-MANAGEMENT RELATIONS (REGU- by the Federal Labor Relations Authority are necessary to implement the provisions of LATIONS UNDER SECTION 220(d) OF THE CON- [‘‘FLRA’’] to implement the statutory provi- chapter 71 made applicable’’ by section 220 of GRESSIONAL ACCOUNTABILITY ACT) sions referred to in subsection (a) except-(A) the CAA. In this commenter’s view, the term NOTICE OF PROPOSED RULEMAKING to the extent that the Board may determine, ‘‘substantive regulations’’ should exclude Summary: The Board of Directors of the Of- for good cause shown and stated together FLRA regulations that address procedural fice of Compliance is publishing proposed with the regulation, that a modification of processes already provided for by the CAA. regulations to implement section 220 of the such regulations would be more effective for For example, because sections 405 and 406 of Congressional Accountability Act of 1995 the implementation of the rights and protec- the CAA and the Office’s procedural rules (‘‘CAA’’ or ‘‘Act’’), Pub. L. 104-1, 109 Stat. 3. tions under this section; or (B) as the Board promulgated under section 303 set forth the Specifically, these regulations are published deems necessary to avoid a conflict of inter- procedures for hearings and Board review of pursuant to section 220(d) of the CAA. est or appearance of a conflict of interest.’’ hearing officer’s decisions, in this com- The provisions of section 220 are generally Section 220(e) further authorizes the Board menter’s view, provisions of the FLRA’s reg- effective October 1, 1996. 2 U.S.C. section to issue regulations on the manner and ex- ulations that purport to govern those mat- 1351. Section 220(d) of the Act directs the tent to which the requirements and exemp- ters should not be adopted by the Board. In Board to issue regulations to implement sec- tions of chapter 71 should apply to covered support of its position, the commenter cited tion 220. The proposed regulations set forth employees who are employed in certain spec- to Batterton v. Francis, 432 U.S. 416, 425 n.9 herein are to be applied to the Senate, the ified offices, ‘‘except . . . that the Board (1977). House of Representatives, and the Congres- shall exclude from coverage under [section This commenter further asserted that the sional instrumentalities and employees of 220] any covered employees who are em- term ‘‘substantive regulations’’ should nei- the Senate, the House of Representatives, ployed in [the specified offices] if the Board ther include FLRA regulations that are pro- and the Congressional instrumentalities. determines that such exclusion is required cedural in nature, such as those addressing These regulations set forth the recommenda- because of (i) a conflict of interest or appear- filing procedures, nor FLRA regulations that tions of the Deputy Executive Director for ance of a conflict of interest; or (ii) Congress’ address processes already provided for in pro- the Senate, the Deputy Executive Director constitutional responsibilities.’’ cedural rules issued by the Office pursuant for the House of Representatives and the Ex- This Notice of Proposed Rulemaking sets to section 303 of the CAA, because ‘‘their ecutive Director, Office of Compliance, as ap- forth proposed regulations under section adoption is not necessary to implement the proved by the Board of Directors, Office of 220(d) of the CAA. A Notice of Proposed Rule- provisions of chapter 71 made applicable by Compliance. A Notice of Proposed Rule- making with respect to regulations under the CAA.’’ The commenter stated that the making under section 220(e) is being pub- section 220(e) is being published separately. Board has issued regulations, pursuant to lished separately. B. Advance Notice of Proposed Rulemaking section 303, that provide procedures for sub- Dates: Comments are due within 30 days of On March 6, 1996, the Board of Directors of missions under Part A of the CAA; the com- publication of this Notice in the Congres- the Office of Compliance (‘‘Office’’) issued an menter urged that, to the extent possible, sional Record. Advance Notice of Proposed Rulemaking the same procedures should be used for sub- Addressess: Submit written comments (an (‘‘ANPR’’) that solicited comments from in- missions under Part D (section 220) of the original and 10 copies) to the Chair of the terested parties in order to obtain participa- CAA. The commenter suggested that, if any Board of Directors, Office of Compliance, tion and information early in the rule- modifications to the Office’s procedural rules Room LA 200, John Adams Building, 110 Sec- making process. 142 Cong. R. S1547 (daily ed., are required to implement section 220, the ond Street, S.E., Washington, DC 20540-1999. Mar. 6, 1996). In addition to inviting com- Board should issue additional procedural Those wishing to receive notification of re- ment on all relevant matters and/or specific regulations under section 303 of the CAA, ceipt of comments are requested to include a questions arising under section 220 of the rather than adopt assertedly ‘‘non-sub- self-addressed, stamped post card. Comments CAA, the Office sought consultation with the stantive’’ regulations of the FLRA. may also be transmitted by facsimile FLRA and the Director of the Office of Per- Based on these views, this commenter took (‘‘FAX’’) machine to (202) 426–1913. This is sonnel Management with regard to the devel- the position that, with certain modifica- not a toll-free call. Copies of comments sub- opment of these regulations in accordance tions, all regulations set forth in sub- mitted by the public will be available for re- with section 304(g) of the CAA. The Office chapters C and D of the FLRA’s regulations view at the Law Library Reading Room, has also consulted with interested parties to are substantive and should be adopted by the Room LM-201, Law Library of Congress, further its understanding of the need for and Board. Within those subchapters, this com- James Madison Memorial Building, Wash- content of appropriate regulations. menter suggested the exclusion of those reg- ington, DC, Monday through Friday, between The Board received 5 comments on the ulations that the commenter deemed ‘‘purely the hours of 9:30 a.m. and 4:00 p.m. ANPR: one from the Secretary of the Senate procedural.’’ Finally, this commenter opined For Further Information Contact: Executive and four from various labor organizations. that the regulations in subchapter B, set Director, Office of Compliance at (202) 724- Based on the information gleaned from its forth at sections 2411-2416, should not be 9250. This notice is also available in the fol- consultations and the comments on the adopted by the Board as those sections do lowing formats: large print, braille, audio ANPR, the Board is publishing these pro- not implement provisions of chapter 71, as tape, and electronic file on computer disk. posed rules, pursuant to section 220(d) of the applied by the CAA. Requests for this notice in an alternative CAA. The other commenter did not propose to format should be made to Mr. Russell Jack- 1. Substantive Regulations Promulgated by define the term ‘‘substantive regulations.’’ son, Director, Service Department, Office of the Federal Labor Relations Authority.—In the Rather, this commenter asserted that, at the Sergeant at Arms and Doorkeeper of the ANPR, the Board invited comment on the present, it is not necessary for the Board to Senate, 202–224–2705. meaning of the term ‘‘substantive regula- decide which of the FLRA’s regulations are SUPPLEMENTARY INFORMATION tions’’ under sections 220 and 304 of the CAA substantive. Instead, this commenter sug- I. Background and further asked commenters to identify gested that, although the FLRA’s regula- which of the regulations promulgated by the tions may or may not be ‘‘substantive regu- A. Introduction FLRA should be considered substantive regu- lations,’’ the regulations are sound proce- The Congressional Accountability Act of lations within the meaning of section 220 of dural guides that the Board is free to follow 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law the CAA. In this regard, the Board noted in the exercise of its general rulemaking au- on January 23, 1995. In general, the CAA ap- that certain of the FLRA’s regulations re- thority under sections 303 and 304 of the plies the rights and protections of eleven fed- late to processes that implement chapter 71, CAA. The commenter pointed to the ap- eral labor and employment law statutes to while others relate to principles or criteria proach to rulemaking followed by the FLRA covered Congressional employees and em- for making decisions that implement chap- and the National Labor Relations Board ploying offices. Section 220 of the CAA con- ter 71. The Board invited commenters to dis- (NLRB) as models for the Board, arguing cerns the application of chapter 71 of title 5, cuss whether, in their view, the term ‘‘sub- that both the FLRA’s and the NLRB’s regu- United States Code (‘‘chapter 71’’) relating to stantive’’ as used in sections 220 and 304 of lations include the various processes by Federal service labor-management relations. the CAA might be intended to distinguish which unfair labor practice and representa- Section 220(a) of the CAA applies the rights, such regulations from those that are ‘‘proce- tion cases may be brought and considered protections and responsibilities established dural’’ in nature or content. In addition, the and that neither the FLRA nor the NLRB under sections 7102, 7106, 7111 through 7117, Board specifically invited comment on has sought to ‘‘define substantive rights by 7119 through 7122 and 7131 of title 5, United whether and, if so, to what extent the Board regulation.’’

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5072 CONGRESSIONAL RECORD — SENATE May 15, 1996 Finally, one other commenter, while not of the Freedom of Information Act, the Pri- forcement of decisions of the Assistant Sec- addressing the meaning of the term ‘‘sub- vacy Act and the Sunshine Act in the retary of Labor for Labor-Management Rela- stantive regulations,’’ suggested that the FLRA’s processes. Although one commenter tions, should not be adopted because the As- Board should adopt all of the FLRA’s regula- suggested that the referenced statutes and sistant Secretary has no authority under the tions, including sections 2411-2416. the FLRA’s implementing regulations should CAA and neither covered employees nor em- b. Board consideration and conclusion: The govern the processes of the Office of Compli- ploying offices are bound by the decisions of Board first examines the question of the ance, these statutes were not incorporated in the Assistant Secretary. meaning of the term ‘‘substantive regula- the CAA and the Board thus is not proposing (3) Regulations addressing procedures gov- tions’’ under sections 220 and 304 of the Act. the adoption of sections 2411–2416 of the erned by 405 and 406 of CAA Under settled principles of administrative FLRA regulations. law, substantive regulations are regulations Similarly, the Board does not propose to The commenter also contended that sec- implementing an underlying statute that are adopt either section 2430 of the FLRA’s regu- tion 220 of the CAA directs that all represen- issued by a regulatory body pursuant to its lations, which establishes procedures for ap- tation and unfair labor practice matters that statutory authority. See Batterton v. plying for awards of attorney fees and other arise under section 220 be referred ‘‘to a Francis, 432 U.S. 416, 425 n.9 (1977). Such reg- expenses under the Equal Access to Justice hearing officer for decision pursuant to sub- ulations are generally promulgated in ac- Act, 5 U.S.C. 504, or section 2472, which im- section (b) through (h) of section 405.’’ Fur- cordance with the Administrative Procedure plements provisions of section 6131 of title 5 ther, according to the commenter, sections Act, which requires that substantive rule- of the United States Code. As neither 5 220(c)(1) and (2) require that decisions of the making generally be preceded by a general U.S.C. 504 nor 5 U.S.C. 6131 is applied by the hearing officers be reviewed by the Board notice of proposed rulemaking at least thirty CAA, sections 2430 and 2472 were not promul- days before the effective date of the proposed gated to implement statutory provisions under section 406 of the CAA. Consequently, rule, and further requires that the agency af- that are applied by section 220 and, accord- in this commenter’s view, the Board should ford interested persons an opportunity to ingly, the FLRA’s regulations implementing not adopt any FLRA regulation relating to participate in the rulemaking by submitting them need not be adopted. the conduct of hearings on representation written comments. Regulations issued pursu- 2. Proposed Modification of Substantive Regu- petitions or unfair labor practice allegations ant to this process are substantive because lations of the FLRA.—In the ANPR, the Board or relating to Board review of decisions. For they ‘‘have the force and effect of law,’’ id., invited comment on whether and to what ex- example, this commenter suggested that sec- and because, among other things, they tent it should, pursuant to section 220(d) of tions 2422.18–22 of the FLRA’s regulations ‘‘grant rights, impose obligations, or produce the CAA, modify the substantive regulations should be omitted because they relate to the other significant effects on private inter- promulgated by the FLRA. Section 220(d) procedures for the conduct of pre-election in- ests,’’ or...‘effect a change in existent law provides that the Board shall issue regula- vestigatory hearings on representation peti- or policy.’’’ American Hospital Assoc. v. tions that are the same as applicable sub- tions; according to the commenter, proce- Bowen, 834 F.2d 1037, 1044 (D.C. Cir. 1987) (ci- stantive regulations of the FLRA ‘‘except to dures for these hearings are governed by sec- tations omitted). the extent that the Board may determine, tion 405 of the CAA and by the Board’s proce- That regulations may arguably be proce- for good cause shown and stated together dural rules. dural in content is, in the Board’s view, not with the regulations, that a modification of a legally sufficient reason for not viewing such regulations would be more effective for (4) Consultation Rights them as ‘‘substantive regulations.’’ Proce- the implementation of the rights and protec- The commenter additionally suggested dural rules can in fact be substantive regula- tions under this section’’ (emphasis added). that the threshold requirement in section tions. Process is frequently the substance of Section 220(d) also provides that the Board 2426.1 of the FLRA’s regulations that a labor law and regulation; indeed, in the labor laws, may modify the FLRA’s substantive regula- organization hold exclusive recognition for process is the predominate means by which tions ‘‘as the Board deems necessary to avoid 10% or more of the personnel of an employ- substantive regulation is effectuated. More- a conflict of interest or appearance of a con- ing office in order for that labor organization over, in administrative law, it is common- flict of interest.’’ a. Summary of comments: A number of com- to obtain consultation rights be modified for place for regulations covering procedures to good cause. Because of the small size of be considered substantive regulations; as menters urged that the FLRA’s substantive many employing offices in the legislative noted above, the Administrative Procedure regulations should be adopted without branch, the commenter expressed the con- Act generally treats regulation of process as change. One of these commenters particu- substantive regulation. There is no evidence larly stressed, in its view, the need to adopt cern that employing offices would be re- that Congress intended a different approach without change the regulations that treat quired to engage in consultation when only in the context of the CAA. Thus, it is the recourse to the Federal Service Impasses one or two employees are represented by a Board’s conclusion that all regulations pro- Panel and the Merit Systems Protection union. Such an obligation to consult would, mulgated after a notice and comment period Board. But another commenter suggested in this commenter’s view, ‘‘interfere with by the FLRA to implement chapter 71 are several modifications to the substantive reg- the rights of unrepresented employees be- appropriately classified as substantive regu- ulations. In addition to a variety of tech- cause it would necessarily cause delay in im- lations for the purposes of rulemaking under nical changes in nomenclature and termi- plementation of new terms of employment.’’ sections 220 and 304 of the CAA. nology, this commenter specifically sug- (5) Posting of Materials In light of the foregoing, the Board has gested the following modifications: considered the regulations promulgated by (1) Regulations implementing provisions of The commenter suggested that sections the FLRA in order to determine which of the chapter 71 not made applicable by the 2422.7 and 2422.23 of the FLRA’s regulations regulations are ‘‘substantive’’ regulations. CAA be modified to prohibit the posting of any The regulations promulgated by the FLRA The commenter stated that section material relating to a labor organization in ‘‘are designed to implement the provisions of 2423.9(b) should not be adopted on the ground any area open to the public on the basis that chapter 71 of title 5 of the United States that it sets forth procedures implementing 5 such a display of material would create a Code . . . [and] prescribe the procedures, U.S.C. section 7123(d), a section not incor- conflict of interest ‘‘insofar as it may appear basic principles or criteria under which the porated into the CAA. that Congress is unduly influenced by par- Federal Labor Relations Authority or the ticular labor organizations.’’ General Counsel’’ will carry out their func- (2) Provisions inapplicable under the CAA b. Board Consideration and Response to Com- tions, resolve issues and otherwise admin- The commenter further suggested that the ments: Based upon the comments received ister chapter 71. 5 C.F.R. § 2420.1. In addition, definition of the term ‘‘activity’’ under sec- and the Board’s understanding of chapter 71 these regulations were issued according to tion 2421.5 of the FLRA’s regulations should the requirements of the Administrative Pro- be deleted on the ground that it has no appli- and the institutions to which it is being cedure Act, with a public notice and com- cability in the legislative branch. Further, made applicable through the CAA, the Board ment period. Therefore, it is the Board’s this commenter suggested that the term is proposing to adopt the FLRA’s regulations judgment that all the regulations promul- ‘‘Government-wide rule’’ found throughout published at 5 C.F.R. 2420–29 and 2470–71 with gated by the FLRA and published at 5 C.F.R. the regulations should be changed to ‘‘Gov- only limited modifications. The Board has 2411–2416, 2420–2430 and 2470–2472 are ‘‘sub- ernment-wide rule applicable to the Senate proposed to delete provisions of the FLRA’s stantive regulations’’ within the meaning of [Legislative Branch]’’ because not all gov- regulations that were promulgated to imple- sections 220 and 304 of the CAA. ernment-wide rules apply to the legislative ment provisions of chapter 71 that are not A review of the FLRA’s regulations dem- branch. Similarly, this commenter proposed applied by the CAA. In this regard, sections onstrates, however, that not all of the the deletion of section 2425.3(b) because it re- 2423.9(b)(c) and (d) have been deleted because FLRA’s substantive regulations are ones lates to civil service employees, of which they implement section 7123(d) of chapter 71, that the Board need adopt. Certain of the there are none in the legislative branch. The a provision that is not applied by the CAA. FLRA’s regulations were promulgated to im- commenter further suggested that Section Similarly, section 2429.7 of the FLRA’s regu- plement provisions of statutes other than 2429.2, relating to transfer and consolidation lations, relating to the issuance of sub- provisions of chapter 71 made applicable by of cases, should also be deleted because it poenas, has been deleted because it imple- the CAA. In this regard, in the ANPR, the has no applicability in light of the structure ments section 7132 of chapter 71, a section of Board noted that sections 2411–2416 of the of the Office of Compliance. Finally, accord- chapter 71 that is not applied by the CAA. FLRA’s regulations treat, among other ing to the commenter, part 2428 of the Finally, as statutory provisions in title 5 things, the implementation and applicability FLRA’s regulations, which relates to en- that

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5073 permit executive branch employees to have the statutory signals that Congress did not proceedings. They are to be conducted as access to the Merit Systems Protection intend to require the Board to refer all issues part of the Board’s authority to investigate Board (MSPB) were not applied by the CAA, to a hearing officer for initial decision under representation petitions pursuant to the pro- references to the MSPB have also been de- Section 405. Section 220(c)(3) further specifies visions of chapter 71 that are applied by the leted. The Board finds that there is good that there shall be judicial review of only CAA. They thus need not be conducted by cause to make these modifications for the Board actions on unfair labor practice com- hearing officers under section 405. reasons herein stated. plaints. Since one of the key purposes of the (2) Procedural matters In addition, the Board has proposed to section 405 hearing process is to create a The Board has further concluded that make technical changes in definitions, no- record for judicial review, this limitation of there is good cause to modify the FLRA’s menclature and prescribed processes so that the judicial review process is another textual substantive regulations by omitting provi- the regulations comport with the CAA and suggestion that Congress intended to require sions that set forth procedures which are al- the organizational structure of the Office of referral to a hearing officer of only those ready provided for under comparable provi- Compliance. In the Boards judgment, mak- matters that require a hearing of the type sions of the Office’s procedural rules. There ing such changes satisfies the Act’s ‘‘good contemplated by section 405—i.e., a formal are obvious benefits to having one set of pro- cause’’ requirement. However, contrary to adversary hearing that establishes a record cedural rules for matters arising under the one commenter’s suggestion that the terms for Board and then judicial review. CAA. Indeed, one commenter suggested this Indeed, in section 220, Congress purported ‘‘activity’’ and ‘‘Government-wide’’ rule be beneficial outcome in arguing why certain to impose upon the legislative branch the omitted or modified, the Board is of the view rules should not be considered to be ‘‘sub- labor law applicable to the executive branch. that these concepts have applicability in the stantive regulations’’ within the meaning of In that scheme, representation issues, nego- context of the CAA and therefore should not section 304. While the Board believes that tiability of bargaining proposals, and review be deleted or modified. Of course, the Board the rules are in fact substantive regulations, of arbitral awards are not subject to elabo- welcomes additional comment on these it believes that the benefits of having one set rate adversarial procedures. Rather, they are issues as part of interested parties’ com- of procedural rules provides the ‘‘good subject to different investigative and ments on the proposed rules. cause’’ needed to modify the FLRA’s sub- decisional process better suited to expedi- In addition to the foregoing, the Board has stantive regulations in this respect. concluded that there is good cause to pro- tious and effective resolution of the issues Accordingly, provisions of Part 2423 relat- pose certain other modifications to the presented. A determination by the Board ing to the filing of complaints and the con- FLRA’s regulations. These proposed modi- that the resolution of exceptions to arbitral duct of hearings on allegations of violations fications are discussed below. awards, negotiability of bargaining pro- of section 220 have been deleted or modified, posals, and representation petitions, must as appropriate, where there is a specific reg- (1) Exercise of Investigative and Adjudicatory first be referred to a hearing officer for an Responsibilities ulation on the same matters in the Office’s adversarial hearing under section 405 would procedural rules. Similarly, provisions of In issuing these proposed regulations to result in an overly cumbersome system that implement section 220, the Board has had to Part 2429 of the FLRA’s regulations relating would undermine considerably the effective to such matters as service, interlocutory ap- determine how it may best exercise its inves- implementation of Section 220. The Board tigative and other authorities and respon- peals, computation of time, and methods of would not hesitate to implement such a filing have been deleted or modified, to the sibilities under section 220 of the CAA. In scheme if Congress had clearly commanded extent that they are the same as, or specifi- this regard, the Board notes that section it; but, when read in context, the statutory cally provided for under, procedural rules al- 220(c)(1) of the CAA provides that the Board language does not so require, and the legisla- ready issued. Finally, section 2429.9 relating shall exercise the authorities of the three tive history contains no suggestion that to presentations by an amicus curiae and member Federal Labor Relations Authority Congress intended such a striking departure section 2429.17, which provides procedures for (Authority) under various provisions of chap- from the underlying statutory scheme that seeking Board reconsideration, have also ter 71 and that any ‘‘petition, or other sub- it was purporting to impose on itself. In such been deleted. Although these subjects are mission that, under chapter 71 . . . would be circumstances, the Board cannot find good not now covered by the Office’s procedural submitted to the . . . Authority shall, . . . be cause to modify the FLRA’s regulations to rules, they have general applicability to submitted to the Board’’. The Board further require formal adversarial proceedings where Board proceedings under the CAA. The Board notes that section 220(c)(1) provides that the they are not presently required under chap- has determined that it would be more effec- Board ‘‘shall refer any matter under this ter 71. tive for the implementation of the rights and paragraph to a hearing officer for decision Accordingly, the Board has examined the protections under the CAA to propose and pursuant to . . . section 405’’; and yet it also range of investigative and adjudicatory func- issue rules relating to amicus filings and re- states that the Board may direct that the tions carried out by the FLRA and its offi- consideration in all matters before the Board General Counsel carry out the Board’s ‘‘in- cials under chapter 71 and the FLRA’s regu- as part of a rulemaking under section 303 of vestigative authorities’’. Finally, the Board lations. The Board has further examined the the Act. notes that section 220(c)(3) limits judicial re- manner in which those functions may most view to Board actions on unfair labor prac- effectively and appropriately be carried out (3) Arbitral awards on adverse actions tice complaints. As an initial matter, there- by the Office under the CAA. The Board has The Board also agrees with the commenter fore, there is a question as to whether sec- considered the suggestions of the com- who suggested the deletion of section tion 220(c)(1) should be read to require that menters, the differences in organizational 2425.3(b), a provision that precludes the all representation, arbitration, negotiability structure between the Office of Compliance FLRA’s review of arbitration awards involv- and unfair labor practice issues that come and the FLRA, and the language and under- ing certain adverse actions. Under chapter before the Board first be referred to hearing lying statutory schemes of chapter 71 and 71, Congress generally provided for the re- officers for decision under section 405, or the CAA. And, having done so, the Board has view of arbitration awards by the FLRA. only to require referral of those matters that concluded that, consistent with the language However, for awards relating to matters in require a formal adversary hearing (involv- of section 220(c)(1) and the scheme envi- which an employee has an option of either ing, among other things, discovery and ad- sioned and implemented under chapter 71, filing an appeal with the Merit Systems Pro- herence to formal rules of evidence) in order issues that are presented directly to the Au- tection Board (or another adjudicative body) to resolve the matter in dispute and create a thority may and should also be presented di- or of filing a grievance under a negotiated record for judicial review. After considerable rectly to the Board. Likewise, the Board has grievance procedure, Congress provided for reflection, the Board is persuaded that Con- determined that issues that are submitted to judicial review of the award under the same gress did not intend in the CAA to require administrative law judges in the chapter 71 standards of review that would be accorded that all issues first be presented to a hearing scheme should be submitted to hearing offi- to a decision of the MSPB or another appel- officer under section 405. cers in the CAA scheme. Thus, the Board will late body. Therefore, there is a symmetrical By its terms, section 220(c)(1) of the CAA decide representation issues, negotiability framework for the review of arbitration expressly contemplates a distinction be- issues and exceptions to arbitral awards awards involving certain adverse actions in tween investigative issues and those issues based upon a record developed through direct the general Federal civil service in which de- requiring referral for an adversary hearing. submissions from the parties and, where nec- cisions on such matters, whether made by an Specifically, section 220 expressly acknowl- essary, further investigation by the Board arbitrator or an adjudicative body, are sub- edges that the Board possesses and may exer- (through the person of the Executive Direc- ject to the same judicial review. In contrast, cise investigative authorities, and explicitly tor); and it will refer unfair labor practice there is no such symmetry of review under states that the Board may direct the General complaints to hearing officers for initial de- the CAA because legislative branch employ- Counsel to carry out such investigative au- cision under section 405 (and then review by ees have no recourse to the MSPB or other thorities. A fortiori, the Board does not have the Board and the courts). similar administrative agencies and there is to refer matters involving these ‘‘investiga- Contrary to one commenter’s assertion, no judicial review of arbitrators’ awards. If tive authorities’’ to a hearing officer (but 220(c)(1) does not require that pre-election section 2425.3(b) were not deleted, employees rather may direct the General Counsel to hearings on representation petitions be con- and employing offices under the CAA would carry them out or carry them out itself). ducted pursuant to section 405 of the CAA. be deprived of a forum for review of arbitra- The textual reference to the Board’s inves- Such hearings are investigatory in nature; tion awards involving certain adverse ac- tigative authorities is, in fact, only one of and they do not require formal adversarial tions. Accordingly, the Board concludes that

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5074 CONGRESSIONAL RECORD — SENATE May 15, 1996 there is good cause to modify the FLRA’s Labor for Labor-Management Relations to deprive judicial review in certain cir- regulations by deleting section 2425.3(b). petition the FLRA to enforce decisions and cumstances. Generally, when an employing (4) Consultation rights orders of the Assistant Secretary with re- office asserts it has no duty to bargain over Under section 2426.1(a) of the FLRA’s regu- spect to labor organization conduct. a proposal, a labor organization may seek a The Board has concluded that, although lations, an agency or an agency’s primary Board determination on the issue either the Assistant Secretary has no enforcement national subdivision shall accord national through an unfair labor practice proceeding authority over covered employing offices or consultation rights to a labor organization or a negotiability proceeding. However, the covered employees, nothing in the CAA re- that ‘‘[h]olds exclusive recognition for ei- concluding sentences of the referenced regu- moves the Assistant Secretary of Labor’s au- ther: (i) Ten percent (10%) or more of the lations preclude a labor organization from thority to regulate the conduct of labor or- total number of civilian personnel employed filing an unfair labor practice charge in ganizations, even those that exclusively rep- by the agency and the non-appropriated fund cases that solely involve an employing of- resent legislative branch employees. Indeed, Federal instrumentalities under its jurisdic- fice’s allegation that the duty to bargain in 5 U.S.C. 7120(d) authorizes the Assistant Sec- tion, excluding foreign nationals; or (ii) 3,500 good faith does not extend to the matter pro- retary of Labor for Labor-Management Rela- or more employees of the agency.’’ The posed to be bargained and that do not in- tions to regulate the conduct of labor organi- Board has determined that the 10% threshold volve actual or contemplated changes in con- zations and is specifically incorporated into requirement should not be modified for good ditions of employment. In such cases, those the CAA. Further, nothing in the CAA would cause, as one commenter suggested. The sentences of the regulations provide that a preclude the Assistant Secretary from peti- Board agrees with the commenter that the labor organization may only file a petition tioning the Board to enforce a decision and small size of many employing offices in the for review of a negotiability issue. order involving a labor organization under legislative branch must be considered. How- Unlike chapter 71, the CAA does not pro- the jurisdiction of the CAA. In this regard, ever, the FLRA considered 10% of the em- vide for direct judicial review of Board deci- the FLRA promulgated part 2428 as part of ployees of an agency or primary national sions and orders on petitions for review of its authority under section 7105 of chapter 71 subdivision to be a significant enough pro- negotiability issues. Rather, judicial review to ‘‘take such actions as are necessary and portion of the employee complement to of Board determinations as to the negotia- appropriate to effectively administer the allow for meaningful consultations, no mat- bility of collective bargaining proposals is provisions’’ of chapter 71. Under the CAA, ter the size of the agency or the number of only available through an unfair labor prac- the Board has specifically been granted the its employees. No convincing reason has tice proceeding involving a dispute over an same authority to administer the provisions been provided by the commenter why the employing office’s duty to bargain. Accord- of chapter 71 as applied by the CAA. Accord- FLRA’s judgment is not workable here, or ingly, if sections 2423.5 and 2424.5 were not ingly, there is not good cause for the Board why there should be a different threshold re- modified, a labor organization would, in cer- to omit part 2428 in its entirety or to decline quirement for small legislative branch em- tain circumstances, be precluded from elect- to permit the Assistant Secretary to petition ploying offices from that applicable to small ing to file an unfair labor practice charge the Board in accordance with the procedures executive branch agencies. and possibly obtaining judicial review of a By contrast, the same concern for the set forth therein. Board decision. Rather, the labor organiza- However, the Board proposes not to adopt small size of many employing offices has tion would be required to file a petition for section 2428.3(a), which would require the prompted the Board to conclude that good review of the negotiability issue and any un- Board to enforce any decision or order of the cause exists to modify the alternate thresh- favorable decision would be unreviewable. Assistant Secretary unless it is ‘‘arbitrary old requirement—i.e., the requirement that a The Board concludes that it would be more and capricious or based upon manifest dis- labor organization hold exclusive recogni- effective for the implementation of the regard of the law.’’ In light of section tion of 3,500 or more of an agency’s employ- rights and protections under section 220 to 225(f)(3) of the CAA, which states that the ees in order to be accorded national con- delete the two specified sentences, thereby CAA does not authorize executive branch en- sultation rights. Although the Board has allowing a labor organization to use the un- forcement of the Act, the Board should not been unable through its research to deter- fair labor practice procedures in all cir- adopt a provision that would require the mine the reasoning of the FLRA in choosing cumstances. Board to defer to decisions of an executive the number 3,500 as a threshold requirement, (8) Official time branch agency. Accordingly, the Board has the number corresponds to the considerable Section 2429.13 of the FLRA’s regulations modified the provisions of part 2428 by omit- size of many of the executive branch agen- requires employing offices to grant ‘‘official ting section 2428.3(a). cies. Because none of the employing offices time’’ to employees when the employees’ has as many as 35,000 employees, the 3,500 (6) Production of evidence in pre-election in- participation in investigations or hearings is employee threshold is irrelevant in light of vestigatory hearings deemed necessary by hearing officers or Of- the existence of the other threshold require- As noted in section I.B.2. above, section fice officials. The Board has determined that ment, discussed above, of 10% of the em- 7132 of chapter 71, which authorizes the section 2429.13 of the FLRA’s regulations ployee complement. The Board thus finds issuance of subpoenas by various FLRA offi- should be modified by striking the last sen- that it is unworkable in this context and cials, was not made applicable by the CAA. tence, which would require the payment by that there is good cause to delete it. Moreover, as pre-election investigatory hear- employing offices of transportation and per Section 2426.11(a) requires that ‘‘[a]n agen- ings are not hearings that are conducted diem expenses associated with employees’ cy shall accord consultation rights on Gov- under section 405 of the CAA, subpoenas for participation in investigations or hearings ernment-wide rules or regulations to a labor documents or witnesses in such pre-election on official time. The Board finds good cause organization that . . . [h]olds exclusive rec- proceedings are not available under the CAA. to modify the provision in light of the deci- ognition for 3,500 or more employees.’’ The Nonetheless, in order to properly decide dis- sion of the United States Supreme Court in Board has determined that this threshold re- puted representation issues and effectively Bureau of Alcohol, Tobacco and Firearms v. quirement should also be deleted for good implement section 220 of the CAA, a com- Federal Labor Relations Authority, 464 U.S. cause, since many of the employing offices in plete investigatory record comparable to 89, 104 S.Ct. 439 (1983), in which the Supreme the legislative branch are considerably that developed by the FLRA under chapter Court held that the FLRA had exceeded its smaller than executive branch agencies. 71 is necessary. Accordingly, there is good authority by requiring federal agencies to However, once this requirement is omitted, cause to modify section 2422.18 of the FLRA’s pay such per diem allowances and travel ex- there is no other requirement in the regula- regulations in order to ensure that such a penses. This regulatory requirement has tions by which to determine whether con- record is made in the absence of the avail- been authoritatively and finally invalidated sultation rights on Government-wide rules ability of subpoenas. To this end, the Board by the Supreme Court and thus has no appli- or regulations should be granted to a labor is specifically proposing the inclusion of sec- cability under the laws that have been incor- organization. Therefore, the Board has con- tion 2422.18(d), which provides that the par- porated by the CAA. cluded that the 10% threshold requirement ties have an obligation to produce existing (9) The Board’s exercise of the authorities of should be employed in this section as well. documents and witnesses for the pre-election the Federal Service Impasses Panel The 10% figure is used as an alternate cri- investigatory hearing in accordance with the Section 2470 of the FLRA’s regulations de- terion to 3,500 in according national con- instructions of the Executive Director; and fines the Federal Service Impasses Panel as sultation rights, and it is an appropriate the Board is further proposing that a willful all members of the Panel or a quorum there- standard to use for according consultation failure to comply with such instructions of and thus permits formal actions to be rights on Government-wide regulations as may in appropriate circumstances result in taken on behalf of the Panel by less than the well. an adverse inference being drawn on the Panel’s full complement of members. The (5) Enforcement of Decisions of the Assistant issue related to the evidence sought. Federal Service Impasses Panel is composed Secretary of Labor (7) Selection of the unfair labor practice pro- of seven members. The Board, which will ex- As noted above, one commenter asserted cedure or the negotiability procedure ercise the authorities of the Panel pursuant that part 2428 of the FLRA’s regulations is The Board has determined that there is to section 220(c)(4) of the CAA, is a five- inapplicable under the CAA and should be also good cause to delete the concluding sen- member body. It is the Board’s determina- omitted from the Board’s regulations. Part tence of sections 2423.5 and 2424.5 of the tion that it will be more effective for the im- 2428 of the FLRA’s regulations provides a FLRA’s regulations because, in the context plementation of section 220(c)(4) to provide procedure for the Assistant Secretary of of the CAA, they would serve improperly to for the full Board, rather than a quorum

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5075 thereof, to carry out its authorities under and employees of the House of Representa- 2421.2 Chapter 71. that section. Section 2470 of the regulation tives be approved by the House of Represent- 2421.3 General Definitions. has been modified accordingly. atives by resolution; and (3) the version of 2421.4 National consultation rights; con- (10) Conflict of Interest the proposed regulations that shall apply to sultation rights on Government-wide As noted above, one commenter asserted other covered employees and employing of- rules or regulations; exclusive recogni- that sections 2422.7 and 2422.23 of the FLRA’s fices be approved by the Congress by concur- tion; unfair labor practices. regulations should be modified pursuant to rent resolution. 2421.5 Activity. section 220(d)(2)(B). The two referenced sec- Signed at Washington, D.C., on this 14th 2421.6 Primary national subdivision. tions of the FLRA’s regulations provide, re- day of May, 1996. 2421.7 Executive Director. spectively, that an employing office may be GLEN D. NAGER, 2421.8 Hearing Officer. directed to post a notice advising affected Chair of the Board, 2421.9 Party. employees of the filing of a representation Office of Compliance. 2421.10 Intervenor. petition and that an employing office will Subchapter C 2421.11 Certification. 2421.12 Appropriate unit. post a notice of election when an election is 2420 Purpose and scope 2421.13 Secret ballot. to be conducted. In both instances the no- 2421 Meaning of terms as used in this sub- 2421.14 Showing of interest. tices, which in the context of the CAA will chapter 2421.15 Regular and substantially equiva- be prepared by the Office of Compliance, 2422 Representation proceedings lent employment. must be posted in places where notices are 2423 Unfair labor practice proceedings 2421.16 Petitioner. normally posted for the affected employees 2424 Expedited review of negotiability 2421.17 Eligibility Period. or they may be distributed in a manner by issues 2421.18 Election Agreement. which notices are normally distributed. The 2425 Review of arbitration awards 2421.19 Affected by Issues raised. commenter urges that these regulatory pro- 2426 National consultation rights and con- 2421.20 Determinative challenged ballots. visions be modified to prohibit the publica- sultation rights on Government-wide tion of any material relating to a labor orga- rules or regulations § 2421.1 Act; CAA. nization in any area open to the public. In 2427 General statements of policy or guid- The terms ‘‘Act’’ and ‘‘CAA’’ mean the support of the proposed modification, the ance Congressional Accountability Act of 1995 commenter states only that display of such 2428 Enforcement of Assistant Secretary (P.L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). material in public view creates, at the very standards of conduct decisions and orders § 2421.2 Chapter 71. least, an appearance of a conflict of interest 2429 Miscellaneous and general require- The term ‘‘chapter 71’’ means chapter 71 of insofar as it may appear that Congress is un- ments title 5 of the United States Code. duly influenced by particular labor organiza- Subchapter D tions. § 2421.3 General Definitions. In the ANPR, the Board requested com- 2470 General (a) The term ‘‘person’’ means an indi- menters to fully and specifically describe the 2471 Procedures of the Board in impasse vidual, labor organization or employing of- conflict of interest or appearance thereof proceedings fice. that they believe would exist were pertinent Subchapter C (b) Except as noted in subparagraph (3) of FLRA regulations not modified and to ex- PART 2420—PURPOSE AND SCOPE this subsection, the term ‘‘employee’’ means plain the necessity for avoiding the asserted an individual— § 2420.1 Purpose and scope. conflict or appearance of conflict. The Board (1) Who is a current employee, applicant further asked commenters to explain how The regulations contained in this sub- for employment, or former employee of: the they interpret 220(d)(2)(B) and, in doing so, chapter are designed to implement the provi- House of Representatives; the Senate; the identify the factual and interpretive mate- sions of chapter 71 of title 5 of the United Capitol Guide Service; the Capitol Police; rials upon which they are relying. The com- States Code, as applied by section 220 of the the Congressional Budget Office; the Office menter has not discussed section 220(d)(2)(B) Congressional Accountability Act (CAA). of the Architect of the Capitol; the Office of or explained why the proposed modification, They prescribe the procedures, basic prin- the Attending Physician; the Office of Com- a specific prohibition on posting an Office of ciples or criteria under which the Board and pliance; or the Office of Technology Assess- Compliance notice in a public area, is nec- the General Counsel, as applicable, will: ment; or essary to avoid an appearance of conflict; in- (a) Determine the appropriateness of units (2) Whose employment in an employing of- deed, the commenter has not explained how for labor organization representation under 5 fice has ceased because of any unfair labor the posting of a notice announcing the filing U.S.C. 7112, as applied by the CAA; practice under section 7116 of title 5 of the of a petition or an upcoming election would (b) Supervise or conduct elections to deter- United States Code, as applied by the CAA, create the appearance of undue influence as- mine whether a labor organization has been and who has not obtained any other regular serted by the commenter. selected as an exclusive representative by a and substantially equivalent employment as In the Board’s view, no appearance of con- majority of the employees in an appropriate determined under regulations prescribed by flict of interest or undue influence is created unit and otherwise administer the provisions the Board, but does not include—— by an employing office posting a notice, pre- of 5 U.S.C. 7111, as applied by the CAA, relat- (i) An alien or noncitizen of the United pared by the Office of Compliance, advising ing to the according of exclusive recognition States who occupies a position outside of the covered employees of a pending petition or to labor organizations; United States; an election under a statute that Congress (c) Resolve issues relating to the granting (ii) A member of the uniformed services; has specifically applied to itself, similar pro- of national consultation rights under 5 (iii) A supervisor or a management official visions of which apply in the private and U.S.C. 7113, as applied by the CAA; or; public sectors. Nothing in the FLRA’s regu- (d) Resolve issues relating to determining (iv) Any person who participates in a lations requires that notices be posted in compelling need for employing office rules strike in violation of section 7311 of title 5 of public areas; the referenced notices must and regulations under 5 U.S.C. 7117(b), as ap- the United States Code, as applied the CAA. only be posted or distributed in the manner plied by the CAA; (3) For the purpose of determining the ade- that other information affecting employees (e) Resolve issues relating to the duty to quacy of a showing of interest or eligibility is posted or distributed. Moreover, since the bargain in good faith under 5 U.S.C. 7117(c), for consultation rights, except as required by notices are prepared by the Office of Compli- as applied by the CAA; law, applicants for employment and former ance, which is an independent office in the (f) Resolve issues relating to the granting employees are not considered employees. (c) The term ‘‘employing office’’ means— legislative branch, no reasonable person of consultation rights with respect to condi- (1) The personal office of a Member of the could even begin to find undue influence tions of employment under 5 U.S.C. 7117(d), as applied by the CAA; House of Representatives or of a Senator; from the posting itself. (2) A committee of the House of Represent- The Board thus concludes that, contrary to (g) Conduct hearings and resolve com- plaints of unfair labor practices under 5 atives or the Senate or a joint committee; the commenter’s suggestion, it is not nec- (3) Any other office headed by a person essary to modify sections 2422.7 and 2422.23 of U.S.C. 7118, as applied by the CAA; (h) Resolve exceptions to arbitrators’ with the final authority to appoint, hire, dis- the FLRA’s regulations to avoid a conflict of charge, and set the terms, conditions, or interest or appearance of conflict of interest. awards under 5 U.S.C. 7122, as applied by the CAA; and privileges of the employment of an employee The Board therefore proposes to adopt those of the House of Representatives or the Sen- provisions with only technical changes in no- (i) Take such other actions as are nec- essary and appropriate effectively to admin- ate; or menclature. (4) The Capitol Guide Board, the Capitol ister the provisions of chapter 71 of title 5 of II. Method of Approval Police Board, the Congressional Budget Of- the United States Code, as applied by the The Board recommends that (1) the version fice, the Office of the Architect of the Cap- CAA. of the proposed regulations that shall apply itol, the Office of the Attending Physician, to the Senate and employees of the Senate PART 2421—MEANING OF TERMS AS USED the Office of Compliance, and the Office of be approved by the Senate by resolution; (2) IN THIS SUBCHAPTER Technology Assessment. the version of the proposed regulations that Sec. (d) The term ‘‘labor organization’’ means shall apply to the House of Representatives 2421.1 Act; CAA. an organization composed in whole or in part

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5076 CONGRESSIONAL RECORD — SENATE May 15, 1996 of employees, in which employees partici- policies in the field of labor-management re- (2) National consultation rights shall ter- pate and pay dues, and which has as a pur- lations. minate when the labor organization no pose the dealing with an employing office (m) The term ‘‘conditions of employment’’ longer meets the criteria prescribed by the concerning grievances and conditions of em- means personnel policies, practices, and Board. Any issue relating to any labor orga- ployment, but does not include— matters, whether established by rule, regula- nization’s eligibility for, or continuation of, (1) An organization which, by its constitu- tion, or otherwise, affecting working condi- national consultation rights shall be subject tion, or otherwise, denies membership be- tions, except that such term does not include to determination by the Board. cause of race, color, creed, national origin, policies, practices, and matters— (b)(1) The term ‘‘consultation rights on sex, age, preferential or nonpreferential civil (1) Relating to political activities prohib- Government-wide rules or regulations’’ service status, political affiliation, marital ited under subchapter III of chapter 73 of means that a labor organization which is the status, or handicapping condition; title 5 of the United States Code, as applied exclusive representative of a substantial (2) An organization which advocates the by the CAA; number of employees of an employing office overthrow of the constitutional form of gov- (2) Relating to the classification of any po- determined in accordance with criteria pre- ernment of the United States; sition; or scribed by the Board, shall be granted con- (3) An organization sponsored by an em- (3) To the extent such matters are specifi- sultation rights by the employing office with ploying office; or cally provided for by Federal statute. respect to any Government-wide rule or reg- (4) An organization which participates in (n) The term ‘‘professional employee’’ ulation issued by the employing office effect- the conduct or a strike against the Govern- means— ing any substantive change in any condition ment or any agency thereof or imposes a (1) An employee engaged in the perform- of employment. Such consultation rights duty or obligation to conduct, assist, or par- ance of work— shall terminate when the labor organization ticipate in such a strike. (i) Requiring knowledge of an advanced no longer meets the criteria prescribed by (e) The term ‘‘dues’’ means dues, fees, and type in a field of science or learning custom- the Board. Any issue relating to a labor or- assessments. arily acquired by a prolonged course of spe- ganizations eligibility for, or continuation (f) The term ‘‘Board’’ means the Board of cialized intellectual instruction and study in of, such consultation rights shall be subject Directors of the Office of Compliance. an institution of higher learning or a hos- to determination by the Board. (g) The term ‘‘collective bargaining agree- pital (as distinguished from knowledge ac- (2) A labor organization having consulta- ment’’ means an agreement entered into as a quired by a general academic education, or tion rights under paragraph (1) of this sub- result of collective bargaining pursuant to from an apprenticeship, or from training in section shall— the provisions of chapter 71 of title 5 of the the performance of routine mental, manual, (i) Be informed of any substantive change United States Code, as applied by the CAA. mechanical, or physical activities); in conditions of employment proposed by the (h) The term ‘‘grievance’’ means any com- (ii) Requiring the consistent exercise of employing office; and plaint— discretion and judgment in its performance; (ii) shall be permitted reasonable time to (1) By any employee concerning any mat- (iii) Which is predominantly intellectual present its views and recommendations re- ter relating to the employment of the em- and varied in character (as distinguished garding the changes. ployee; from routine mental, manual, mechanical, or (3) If any views or recommendations are (2) By any labor organization concerning physical work); and presented under paragraph (2) of this sub- any matter relating to the employment of (iv) Which is of such character that the section to an employing office by any labor any employee; or output produced or the result accomplished organization— (i) The employing office shall consider the (3) By any employee, labor organization, or by such work cannot be standardized in rela- views or recommendations before taking employing office concerning— tion to a given period of time; or final action on any matter with respect to (i) The effect or interpretation, or a claim (2) An employee who has completed the which the views or recommendations are pre- of breach, of a collective bargaining agree- courses of specialized intellectual instruc- sented; and ment; or tion and study described in subparagraph (ii) Any claimed violation, misinterpreta- (ii) The employing office shall provide the (1)(i) of this paragraph and is performing re- tion, or misapplication of any law, rule, or labor organization a written statement of lated work under appropriate direction and regulation affecting conditions of employ- the reasons for taking the final action. guidance to qualify the employee as a profes- ment. (c) The term ‘‘exclusive recognition’’ sional employee described in subparagraph (i) The term ‘‘supervisor’’ means an indi- means that a labor organization has been se- (1) of this paragraph. vidual employed by an employing office hav- lected as the sole representative, in a secret (o) The term ‘‘exclusive representative’’ ing authority in the interest of the employ- ballot election, by a majority of the employ- means any labor organization which is cer- ing office to hire, direct, assign, promote, re- ees in an appropriate unit who cast valid bal- tified as the exclusive representative of em- ward, transfer, furlough, layoff, recall, sus- lots in an election. ployees in an appropriate unit pursuant to pend, discipline, or remove employees, to ad- (d) The term ‘‘unfair labor practices’’ section 7111 of title 5 of the United States just their grievances, or to effectively rec- means— Code, as applied by the CAA. ommend such action, if the exercise of the (1) Any of the following actions taken by (p) The term ‘‘firefighter’’ means any em- authority is not merely routine or clerical in an employing office— ployee engaged in the performance of work (i) Interfering with, restraining, or coerc- nature, but requires the consistent exercise directly connected with the control and ex- ing any employee in the exercise by the em- of independent judgment, except that, with tinguishment of fires or the maintenance ployee of any right under chapter 71, as ap- respect to any unit which includes fire- and use of firefighting apparatus and equip- plied by the CAA; fighters or nurses, the term ‘‘supervisor’’ in- ment. (ii) Encouraging or discouraging member- cludes only those individuals who devote a (q) The term ‘‘United States’’ means the 50 ship in any labor organization by discrimina- preponderance of their employment time to states, the District of Columbia, the Com- tion in connection with hiring, tenure, pro- exercising such authority. monwealth of Puerto Rico, Guam, the Virgin motion, or other condition of employment; (j) The term ‘‘management official’’ means Islands, the Trust Territory of the Pacific Is- (iii) Sponsoring, controlling, or otherwise an individual employed by an employing of- lands, and any territory or possession of the assisting any labor organization, other than fice in a position the duties and responsibil- United States. to furnish, upon request, customary and rou- ities of which require or authorize the indi- (r) The term ‘‘General Counsel’’ means the tine services and facilities if the services and vidual to formulate, determine, or influence General Counsel of the Office of Compliance. facilities are also furnished on an impartial the policies of the employing office. (s) The term ‘‘Assistant Secretary’’ means basis to other labor organizations having (k) The term ‘‘collective bargaining’’ the Assistant Secretary of Labor for Labor- equivalent status; means the performance of the mutual obliga- Management Relations. (iv) Disciplining or otherwise discrimi- tion of the representative of an employing nating against an employee because the em- § 2421.4 National consultation rights; consulta- office and the exclusive representative of ployee has filed a complaint, affidavit, or pe- tion rights on Government-wide rules or reg- employees in an appropriate unit in the em- tition, or has given any information or testi- ulations; exclusive recognition; unfair labor ploying office to meet at reasonable times mony under chapter 71, as applied by the practices. and to consult and bargain in a good-faith ef- CAA; fort to reach agreement with respect to the (a)(1) The term ‘‘national consultation (v) Refusing to consult or negotiate in conditions of employment affecting such em- rights’’ means that a labor organization that good faith with a labor organization as re- ployees and to execute, if requested by either is the exclusive representative of a substan- quired by chapter 71, as applied by the CAA; party, a written document incorporating any tial number of the employees of the employ- (vi) Failing or refusing to cooperate in im- collective bargaining agreement reached, but ing office, as determined in accordance with passe procedures and impasse decisions as re- the obligation referred to in this paragraph criteria prescribed by the Board, shall— quired by chapter 71, as applied by the CAA; does not compel either party to agree to a (i) Be informed of any substantive change (vii) Enforcing any rule or regulation proposal or to make a concession. in conditions of employment proposed by the (other than a rule or regulation imple- (l) The ‘‘term confidential employee’’ employing office; and menting section 2302 of this title) which is in means an employee who acts in a confiden- (ii) Be permitted reasonable time to conflict with any applicable collective bar- tial capacity with respect to an individual present its views and recommendations re- gaining agreement if the agreement was in who formulates or effectuates management garding the changes. effect

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5077 before the date the rule or regulation was (1) Named as— must be in an employment status with an prescribed; or (i) A charged party in a charge, employing office or activity in order to be el- (viii) Otherwise failing or refusing to com- (ii) A respondent in a complaint, or igible to vote in a representation election ply with any provision of chapter 71, as ap- (iii) An employing office or activity or an under Part 2422 of this Subchapter. plied by the CAA; incumbent labor organization in a petition. § 2421.18 Election agreement. (2) Any of the following actions taken by a (2) Whose intervention in a proceeding has The term ‘‘election agreement’’ means an labor organization— been permitted or directed by the Board; or agreement under Part 2422 of this Sub- (3) Who participated as a party. (i) Interfering with, restraining, or coerc- chapter signed by all the parties, and ap- (i) In a matter that was decided by an em- ing any employee in the exercise by the em- proved by the Board, the Executive Director, ploying office head under 5 U.S.C. 7117, as ap- ployee of any right under this chapter; or any other individual designated by the plied by the CAA, or (ii) Causing or attempting to cause an em- Board, concerning the details and procedures (ii) In a matter where the award of an arbi- ploying office to discriminate against any of a representation election in an appro- trator was issued; and employee in the exercise by the employee of priate unit. any right under this chapter; (c) The General Counsel, or the General § 2421.19 Affected by issues raised. (iii) Coercing, disciplining, fining, or at- Counsel’s designated representative, in ap- tempting to coerce a member of the labor or- propriate proceedings. The phrase ‘‘affected by issues raised’’, as ganization as punishment, reprisal, or for § 2421.10 Intervenor. used in Part 2422, should be construed broad- the purpose of hindering or impeding the ly to include parties and other labor organi- The term ‘‘intervenor’’ means a party in a zations, or employing offices or activities member’s work performance or productivity proceeding whose intervention has been per- as an employee or the discharge of the mem- that have a connection to employees affected mitted or directed by the Board, its agents by, or questions presented in, a proceeding. bers duties as an employee; or representatives. § 2421.20 Determinative challenged ballots. (iv) Discriminating against an employee § 2421.11 Certification. with regard to the terms or conditions of ‘‘Determinative challenged ballots’’ are membership in the labor organization on the The term ‘‘certification’’ means the deter- challenges that are unresolved prior to the basis of race, color, creed, national origin, mination by the Board, its agents or rep- tally and sufficient in number after the tally sex, age, preferential or nonpreferential civil resentatives, of the results of an election, or to affect the results of the election. the results of a petition to consolidate exist- service status, political affiliation, marital PART 2422—REPRESENTATION ing exclusively recognized units. status, or handicapping condition; PROCEEDINGS (v) Refusing to consult or negotiate in § 2421.12 Appropriate unit. Sec. good faith with an employing office as re- The term ‘‘appropriate unit’’ means that 2422.1 Purposes of a petition. quired by chapter 71, as applied by the CAA; grouping of employees found to be appro- 2422.2 Standing to file a petition. (vi) Failing or refusing to cooperate in im- priate for purposes of exclusive recognition 2422.3 Contents of a petition. passe procedures and impasse decisions as re- under 5 U.S.C. 7111, as applied by the CAA, 2422.4 Service requirements. quired by chapter 71, as applied by the CAA; and for purposes of allotments to representa- 2422.5 Filing petitions. (vii)(A) Calling, or participating in, a tives under 5 U.S.C. 7115(c), as applied by the 2422.6 Notification of filing. strike, work stoppage, or slowdown, or pick- CAA, and consistent with the provisions of 5 2422.7 Posting notice of filing of a petition. eting of an employing office in a labor-man- U.S.C. 7112, as applied by the CAA. 2422.8 Intervention and cross-petitions. agement dispute if such picketing interferes § 2421.13 Secret ballot. 2422.9 Adequacy of showing of interest. with an employing office’s operations; or 2422.10 Validity of showing of interest. (B) Condoning any activity described in The term ‘‘secret ballot’’ means the ex- pression by ballot, voting machine or other- 2422.11 Challenge to the status of a labor or- subparagraph (A) of this paragraph by failing ganization. to take action to prevent or stop such activ- wise, but in no event by proxy, of a choice with respect to any election or vote taken 2422.12 Timeliness of petitions seeking an ity; or election. (viii) Otherwise failing or refusing to com- upon any matter, which is cast in such a manner that the person expressing such 2422.13 Resolution of issues raised by a peti- ply with any provision of chapter 71, as ap- tion. plied by the CAA; choice cannot be identified with the choice expressed, except in that instance in which 2422.14 Effect of withdrawal/dismissal. (3) Denial of membership by an exclusive 2422.15 Duty to furnish information and co- representative to any employee in the appro- any determinative challenged ballot is opened. operate. priate unit represented by such exclusive 2422.16 Election agreements or directed § 2421.14 Showing of interest. representative except for failure— elections. (i) To meet reasonable occupational stand- The term ‘‘showing of interest’’ means evi- 2422.17 Notice of pre-election investigatory ards uniformly required for admission, or dence of membership in a labor organization; hearing and prehearing conference. (ii) To tender dues uniformly required as a employees’ signed and dated authorization 2422.18 Pre-election investigatory hearing condition of acquiring and retaining mem- cards or petitions authorizing a labor organi- procedures. bership. zation to represent them for purposes of ex- 2422.19 Motions. § 2421.5 Activity. clusive recognition; allotment of dues forms 2422.20 Rights of parties at a pre-election The term ‘‘activity’’ means any facility, executed by an employee and the labor orga- investigatory hearing. organizational entity, or geographical sub- nization’s authorized official; current dues 2422.21 Duties and powers of the Executive division or combination thereof, of any em- records; an existing or recently expired Director in the conduct of the pre-elec- ploying office. agreement; current certification; employees’ tion investigatory hearing. signed and dated petitions or cards indi- § 2421.6 Primary national subdivision. 2422.22 Objections to the conduct of the pre- cating that they no longer desire to be rep- election investigatory hearing. ‘‘Primary national subdivision’’ of an em- resented for the purposes of exclusive rec- 2422.23 Election procedures. ploying office means a first-level organiza- ognition by the currently certified labor or- 2422.24 Challenged ballots. tional segment which has functions national ganization; employees’ signed and dated pe- 2422.25 Tally of ballots. in scope that are implemented in field activi- titions or cards indicating a desire that an 2422.26 Objections to the election. ties. election be held on a proposed consolidation 2422.27 Determinative challenged ballots § 2421.7 Executive Director. of units; or other evidence approved by the and objections. ‘‘Executive Director’’ means the Executive Board. 2422.28 Runoff elections. Director of the Office of Compliance. § 2421.15 Regular and substantially equivalent 2422.29 Inconclusive elections. § 2421.8 Hearing Officer. employment. 2422.30 Executive Director investigations, The term ‘‘regular and substantially equiv- notices of pre-election investigatory The term ‘‘Hearing Officer’’ means any in- hearings, and actions; Board Decisions dividual designated by the Executive Direc- alent employment’’ means employment that entails substantially the same amount of and Orders. tor to preside over a hearing conducted pur- 2422.31 Application for review of an Execu- suant to section 405 of the CAA on matters work, rate of pay, hours, working conditions, location of work, kind of work, and seniority tive Director action. within the Office’s jurisdiction, including a 2422.32 Certifications and revocations. hearing arising in cases under 5 U.S.C. 7116, rights, if any, of an employee prior to the cessation of employment in an employing of- 2422.33 Relief obtainable under Part 2423. as applied by the CAA, and any other such 2422.34 Rights and obligations during the matters as may be assigned. fice because of any unfair labor practice under 5 U.S.C. 7116, as applied by the CAA. pendency of representation proceedings. § 2421.9 Party. § 2421.16 Petitioner. § 2422.1 Purposes of a petition. The term ‘‘party’’ means: ‘‘Petitioner’’ means the party filing a peti- A petition may be filed for the following (a) Any labor organization, employing of- tion under Part 2422 of this Subchapter. purposes: fice or employing activity or individual fil- (a) Elections or Eligibility for dues allotment. ing a charge, petition, or request; § 2421.17 Eligibility period. To request: (b) Any labor organization or employing The term ‘‘eligibility period’’ means the (1)(i) An election to determine if employees office or activity. payroll period during which an employee in an appropriate unit wish to be represented

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5078 CONGRESSIONAL RECORD — SENATE May 15, 1996 for the purpose of collective bargaining by petition are true and correct to the best of tion petition, will direct the employing of- an exclusive representative; and/or the person’s knowledge and belief. fice or activity to post copies of a notice to (ii) A determination of eligibility for dues (10) The signature, title, mailing address all employees in places where notices are allotment in an appropriate unit without an and telephone number of the person filing normally posted for the employees affected exclusive representative; or the petition. by issues raised in the petition and/or dis- (2) An election to determine if employees (b) Compliance with 5 U.S.C. 7111(e), as ap- tribute copies of a notice in a manner by in a unit no longer wish to be represented for plied by the CAA. A labor organization/peti- which notices are normally distributed. the purpose of collective bargaining by an tioner complies with 5 U.S.C. 7111(e), as ap- (b) Contents of notice. The notice shall ad- exclusive representative. plied by the CAA, by submitting to the em- vise affected employees about the petition. (3) Petitions under this subsection must be ploying office or activity and to the Depart- (c) Duration of notice. The notice should be accompanied by an appropriate showing of ment of Labor a roster of its officers and rep- conspicuously posted for a period of ten (10) interest. resentatives, a copy of its constitution and days and not be altered, defaced, or covered (b) Clarification or Amendment. To clarify, bylaws, and a statement of its objectives. By by other material. and/or amend: signing the petition form, the labor organi- § 2422.8 Intervention and cross-petitions. (1) A certification then in effect; and/or zation/petitioner certifies that it has sub- (a) Cross-petitions. A cross-petition is a pe- (2) Any other matter relating to represen- mitted these documents to the employing tition which involves any employees in a tation. activity or office and to the Department of unit covered by a pending representation pe- (c) Consolidation. To consolidate two or Labor. tition. Cross-petitions must be filed in ac- more units, with or without an election, in (c) Showing of interest supporting a represen- cordance with this subpart. an employing office and for which a labor or- tation petition. When filing a petition requir- (b) Intervention requests and cross-petitions. ganization is the exclusive representative. ing a showing of interest, the petitioner A request to intervene and a cross-petition, § 2422.2 Standing to file a petition. must: accompanied by any necessary showing of in- A representation petition may be filed by: (1) So indicate on the petition form; terest, must be submitted in writing and an individual; a labor organization; two or (2) Submit with the petition a showing of filed with the Executive Director before the more labor organizations acting as a joint- interest of not less than thirty percent (30%) pre-election investigatory hearing opens, un- petitioner; an individual acting on behalf of of the employees in the unit involved in the less good cause is shown for granting an ex- any employee(s); an employing office or ac- petition; and tension. If no pre-election investigatory tivity; or a combination of the above: pro- (3) Include an alphabetical list of the hearing is held, a request to intervene and a vided, however, that (a) only a labor organiza- names constituting the showing of interest. cross-petition must be filed prior to action tion has standing to file a petition pursuant (d) Petition seeking dues allotment. When being taken pursuant to § 2422.30. (c) Labor organization intervention requests. to section 2422.1(a)(1); (b) only an individual there is no exclusive representative, a peti- Except for incumbent intervenors, a labor has standing to file a petition pursuant to tion seeking certification for dues allotment organization seeking to intervene shall sub- section 2422.1(a)(2); and (c) only an employ- shall be accompanied by a showing of mem- mit a statement that it has complied with 5 ing office or a labor organization may file a bership in the petitioner of not less than ten U.S.C. 7111(e), as applied by the CAA, and petition pursuant to section 2422.1(b) or (c). percent (10%) of the employees in the unit claimed to be appropriate. An alphabetical one of the following: § 2422.3 Contents of a petition. list of names constituting the showing of (1) A showing of interest of ten percent (a) What to file. A petition must be filed on membership must be submitted. (10%) or more of the employees in the unit a form prescribed by the Board and contain § 2422.4 Service requirements. covered by a petition seeking an election, the following information: with an alphabetical list of the names of the (1) The name and mailing address for each Every petition, motion, brief, request, employees constituting the showing of inter- employing office or activity affected by challenge, written objection, or application est; or issues raised in the petition, including street for review shall be served on all parties af- (2) A current or recently expired collective number, city, state and zip code. fected by issues raised in the filing. The serv- bargaining agreement covering any of the (2) The name, mailing address and work ice shall include all documentation in sup- employees in the unit affected by issues telephone number of the contact person for port thereof, with the exception of a showing raised in the petition; or each employing office or activity affected by of interest, evidence supporting challenges (3) Evidence that it is or was, prior to a re- issues raised in the petition. to the validity of a showing of interest, and organization, the certified exclusive rep- (3) The name and mailing address for each evidence supporting objections to an elec- resentative of any of the employees affected labor organization affected by issues raised tion. The filer must submit a written state- by issues raised in the petition. in the petition, including street number, ment of service to the Executive Director. (d) Incumbent. An incumbent exclusive rep- city, state and zip code. If a labor organiza- § 2422.5 Filing petitions. resentative, without regard to the require- tion is affiliated with a national organiza- (a) Where to file. Petitions must be filed ments of paragraph (c) of this section, will be tion, the local designation and the national with the Executive Director. considered a party in any representation pro- affiliation should both be included. If a labor (b) Number of copies. An original and two (2) ceeding raising issues that affect employees organization is an exclusive representative copies of the petition and the accompanying the incumbent represents, unless it serves of any of the employees affected by issues material must be filed with the Executive the Board, through the Executive Director, raised in the petition, the date of the certifi- Director. with a written disclaimer of any representa- cation and the date any collective bar- (c) Date of filing. A petition is filed when it tion interest in the claimed unit. gaining agreement covering the unit will ex- is received by the Executive Director. (e) Employing office. An employing office or activity will be considered a party if any of pire or when the most recent agreement did § 2422.6 Notification of filing. expire should be included, if known. its employees are affected by issues raised in (a) Notification to parties. After a petition is (4) The name, mailing address and work the petition. filed, the Executive Director, on behalf of telephone number of the contact person for (f) Employing office or activity intervention. the Board, will notify any labor organiza- each labor organization affected by issues An employing office or activity seeking to tion, employing office or employing activity raised in the petition. intervene in any representation proceeding that the parties have identified as being af- (5) The name and mailing address for the must submit evidence that one or more em- fected by issues raised by the petition, that petitioner, including street number, city, ployees of the employing office or activity a petition has been filed with the Office. The state and zip code. If a labor organization pe- may be affected by issues raised in the peti- Executive Director, on behalf of the Board, titioner is affiliated with a national organi- tion. will also make reasonable efforts to identify zation, the local designation and the na- § 2422.9 Adequacy of showing of interest. and notify any other party affected by the tional affiliation should both be included. (a) Adequacy. Adequacy of a showing of in- (6) A description of the unit(s) affected by issues raised by the petition. terest refers to the percentage of employees (b) Contents of the notification. The notifica- issues raised in the petition. The description in the unit involved as required by §§ 2422.3 tion will inform the labor organization, em- should generally indicate the geographic lo- (c) and (d) and 2422.8(c)(1). ploying office or employing activity of: cations and the classifications of the em- (b) Executive Director investigation and ac- (1) The name of the petitioner; ployees included (or sought to be included) tion. The Executive Director, on behalf of the (2) The description of the unit(s) or em- in, and excluded (or sought to be excluded) Board, will conduct such investigation as ployees affected by issues raised in the peti- from, the unit. deemed appropriate. The Executive Direc- tion; and, (7) The approximate number of employees tor’s determination, on behalf of the Board, (3) A statement that all affected parties in the unit(s) affected by issues raised in the that the showing of interest is adequate is should advise the Executive Director in writ- petition. final and binding and not subject to collat- ing of their interest in the issues raised in (8) A clear and concise statement of the eral attack at a representation hearing or on the petition. issues raised by the petition and the results appeal to the Board. If the Executive Direc- the petitioner seeks. § 2422.7 Posting notice of filing of a petition. tor determines, on behalf of the Board, that (9) A declaration by the person signing the (a) Posting notice of petition. When appro- a showing of interest is inadequate, the Ex- petition, under the penalties of the Criminal priate, the Executive Director, on behalf of ecutive Director will dismiss the petition, or Code (18 U.S.C. 1001), that the contents of the the Board, after the filing of a representa- deny a request for intervention.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5079 § 2422.10 Validity of showing of interest. (60) days prior to the expiration of the agree- for the same unit or any subdivision of the (a) Validity. Validity questions are raised ment. unit for six (6) months from the date of the by challenges to a showing of interest on (e) Contract bar where the contract is for approval of the withdrawal by the Executive grounds other than adequacy. more than three (3) years. Where a collective Director. (b) Validity challenge. The Executive Direc- bargaining agreement is in effect covering (c) Withdrawal by incumbent. When an elec- tor or any party may challenge the validity the claimed unit and has a term of more tion is not held because the incumbent dis- of a showing of interest. than three (3) years from the date it became claims any representation interest in a unit, (c) When and where validity challenges may effective, a petition seeking an election will a petition by the incumbent seeking an elec- be filed. Party challenges to the validity of a be considered timely if filed not more than tion involving the same unit or a subdivision of the same unit will not be considered time- showing of interest must be in writing and one hundred and five (105) and not less than ly if filed within six (6) months of cancella- filed with the Executive Director before the sixty (60) days prior to the expiration of the tion of the election. pre-election investigatory hearing opens, un- initial three (3) year period, and any time less good cause is shown for granting an ex- after the expiration of the initial three (3) § 2422.15 Duty to furnish information and co- tension. If no pre-election investigatory year period. operate. hearing is held, challenges to the validity of (f) Unusual circumstances. A petition seek- (a) Relevant information. After a petition is a showing of interest must be filed prior to ing an election or a determination relating filed, all parties must, upon request of the action being taken pursuant to § 2422.30. to representation matters may be filed at Executive Director, furnish the Executive (d) Contents of validity challenges. Chal- any time when unusual circumstances exist Director and serve all parties affected by lenges to the validity of a showing of inter- that substantially affect the unit or major- issues raised in the petition with informa- est must be supported with evidence. ity representation. tion concerning parties, issues, and agree- (e) Executive Director investigation and ac- (g) Premature extension. Where a collective ments raised in or affected by the petition. tion. The Executive Director, on behalf of the bargaining agreement with a term of three (b) Inclusions and exclusions. After a peti- Board, will conduct such investigation as (3) years or less has been extended prior to tion seeking an election is filed, the Execu- deemed appropriate. The Executive Direc- sixty (60) days before its expiration date, the tive Director, on behalf of the Board, may di- tor’s determination, on behalf of the Board, extension will not serve as a basis for dis- rect the employing office or activity to fur- that a showing of interest is valid is final missal of a petition seeking an election filed nish the Executive Director and all parties and binding and is not subject to collateral in accordance with this section. affected by issues raised in the petition with (h) Contract requirements. Collective bar- attack or appeal to the Board. If the Execu- a current alphabetized list of employees and gaining agreements, including agreements tive Director finds, on behalf of the Board, job classifications included in and/or ex- that go into effect under 5 U.S.C. 7114(c), as cluded from the existing or claimed unit af- that the showing of interest is not valid, the applied by the CAA, and those that auto- fected by issues raised in the petition. Executive Director will dismiss the petition matically renew without further action by (c) Cooperation. All parties are required to or deny the request to intervene. the parties, do not constitute a bar to a peti- cooperate in every aspect of the representa- § 2422.11 Challenge to the status of a labor or- tion seeking an election under this section tion process. This obligation includes co- ganization. unless a clear and unambiguous effective operating fully with the Executive Director, (a) Basis of challenge to labor organization date, renewal date where applicable, dura- submitting all required and requested infor- status. The only basis on which a challenge tion, and termination date are ascertainable mation, and participating in prehearing con- to the status of a labor organization may be from the agreement and relevant accom- ferences and pre-election investigatory hear- made is compliance with 5 U.S.C. 7103(a)(4), panying documentation. ings. The failure to cooperate in the rep- as applied by the CAA. § 2422.13 Resolution of issues raised by a peti- resentation process may result in the Execu- (b) Format and time for filing a challenge. tion. tive Director or the Board taking appro- Any party filing a challenge to the status of priate action, including dismissal of the peti- (a) Meetings prior to filing a representation a labor organization involved in the proc- tion or denial of intervention. petition. All parties affected by the represen- essing of a petition must do so in writing to § 2422.16 Election agreements or directed elec- tation issues that may be raised in a petition the Executive Director before the pre-elec- tions. are encouraged to meet prior to the filing of tion investigatory hearing opens, unless the petition to discuss their interests and (a) Election agreements. Parties are encour- good cause is shown for granting an exten- narrow and resolve the issues. If requested aged to enter into election agreements. sion. If no hearing is held, challenges must (b) Executive Director directed election. If the by all parties a representative of the Office be filed prior to action being taken pursuant parties are unable to agree on procedural will participate in these meetings. to § 2422.30. (b) Meetings to narrow and resolve the issues matters, specifically, the eligibility period, method of election, dates, hours, or locations § 2422.12 Timeliness of petitions seeking an after the petition is filed. After a petition is of the election, the Executive Director, on election. filed, the Executive Director may require all behalf of the Board, will decide election pro- affected parties to meet to narrow and re- (a) Election bar. Where there is no certified cedures and issue a Direction of Election, solve the issues raised in the petition. exclusive representative, a petition seeking without prejudice to the rights of a party to an election will not be considered timely if § 2422.14 Effect of withdrawal/dismissal. file objections to the procedural conduct of filed within twelve (12) months of a valid (a) Withdrawal/dismissal less than sixty (60) the election. election involving the same unit or a sub- days before contract expiration. When a peti- (c) Opportunity for an investigatory hearing. division of the same unit. tion seeking an election that has been time- Before directing an election, the Executive (b) Certification bar. Where there is a cer- ly filed is withdrawn by the petitioner or dis- Director shall provide affected parties an op- tified exclusive representative of employees, missed by the Executive Director or the portunity for a pre-election investigatory a petition seeking an election will not be Board less than sixty (60) days prior to the hearing on other than procedural matters. considered timely if filed within twelve (12) expiration of an existing agreement between (d) Challenges or objections to a directed elec- months after the certification of the exclu- the incumbent exclusive representative and tion. A Direction of Election issued under sive representative of the employees in an the employing office or activity or any time this section will be issued without prejudice appropriate unit. If a collective bargaining after the expiration of the agreement, an- to the right of a party to file a challenge to agreement covering the claimed unit is pend- other petition seeking an election will not be the eligibility of any person participating in ing employing office head review under 5 considered timely if filed within a ninety (90) the election and/or objections to the elec- U.S.C. 7114(c), as applied by the CAA, or is in day period from either: tion. effect, paragraphs (c), (d), or (e) of this sec- (1) The date the withdrawal is approved; or § 2422.17 Notice of pre-election investigatory tion apply. (2) The date the petition is dismissed by hearing and prehearing conference. (c) Bar during employing office head review. the Executive Director when no application (a) Purpose of notice of an investigatory hear- A petition seeking an election will not be for review is filed with the Board; or ing. The Executive Director, on behalf of the considered timely if filed during the period (3) The date the Board rules on an applica- Board, may issue a notice of pre-election in- of employing office head review under 5 tion for review; or vestigatory hearing involving any issues U.S.C. 7114(c), as applied by the CAA. This (4) The date the Board issues a Decision raised in the petition. bar expires upon either the passage of thirty and Order dismissing the petition. (b) Contents. The notice of hearing will ad- (30) days absent employing office head ac- Other pending petitions that have been vise affected parties about the pre-election tion, or upon the date of any timely employ- timely filed under this Part will continue to investigatory hearing. The Executive Direc- ing office head action. be processed. tor will also notify affected parties of the (d) Contract bar where the contract is for (b) Withdrawal by petitioner. A petitioner issues raised in the petition and establish a three (3) years or less. Where a collective bar- who submits a withdrawal request for a peti- date for the prehearing conference. gaining agreement is in effect covering the tion seeking an election that is received by (c) Prehearing conference. A prehearing con- claimed unit and has a term of three (3) the Executive Director after the notice of ference will be conducted by the Executive years or less from the date it became effec- pre-election investigatory hearing issues or Director or her designee, either by meeting tive, a petition seeking an election will be after approval of an election agreement, or teleconference. All parties must partici- considered timely if filed not more than one whichever occurs first, will be barred from pate in a prehearing conference and be pre- hundred and five (105) and not less than sixty filing another petition seeking an election pared to fully discuss, narrow and resolve

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5080 CONGRESSIONAL RECORD — SENATE May 15, 1996 the issues set forth in the notification of the (2) To examine and cross-examine wit- proval of an election agreement or before the prehearing conference. nesses; and direction of an election, file a written re- (d) No interlocutory appeal of investigatory (3) To introduce into the record relevant quest with the Executive Director to remove hearing determination. The Executive Direc- evidence. its name from the ballot. If the request is tor’s determination of whether to issue a no- (b) Documentary evidence and stipulations. not received prior to the approval of an elec- tice of pre-election investigatory hearing is Parties must submit two (2) copies of docu- tion agreement or before the direction of an not appealable to the Board. mentary evidence to the Executive Director election, unless the parties and the Execu- § 2422.18 Pre-election investigatory hearing or her designee and copies to all other par- tive Director, on behalf of the Board, agree procedures. ties. Stipulations of fact between/among the otherwise, the intervening labor organiza- parties may be introduced into evidence. (a) Purpose of a pre-election investigatory tion will remain on the ballot. The Executive (c) Oral argument. Parties will be entitled hearing. Representation hearings are consid- Director’s decision on the request is final to a reasonable period prior to the close of ered investigatory and not adversarial. The and not subject to the filing of an applica- the hearing for oral argument. Presentation purpose of the hearing is to develop a full tion for review with the Board. of a closing oral argument does not preclude (f) Incumbent withdrawal from ballot in an and complete record of relevant and material a party from filing a brief under paragraph election to decertify an incumbent representa- facts. (d) of this section. (b) Conduct of hearing. Pre-election inves- tive. When there is no intervening labor orga- (d) Briefs. A party will be afforded an op- tigatory hearings will be open to the public nization, an election to decertify an incum- portunity to file a brief with the Board. unless otherwise ordered by the Executive bent exclusive representative will not be (1) An original and two (2) copies of a brief Director or her designee. There is no burden held if the incumbent provides the Executive must be filed with the Board within thirty of proof, with the exception of proceedings Director with a written disclaimer of any (30) days from the close of the hearing. on objections to elections as provided for in representation interest in the unit. When (2) A written request for an extension of § 2422.27(b). Formal rules of evidence do not there is an intervenor, an election will be time to file a brief must be filed with and re- apply. held if the intervening labor organization ceived by the Board no later than five (5) (c) Pre-election investigatory hearing. Pre- proffers a thirty percent (30%) showing of in- days before the date the brief is due. election investigatory hearings will be con- terest within the time period established by (3) No reply brief may be filed without per- ducted by the Executive Director or her des- the Executive Director. mission of the Board. ignee. (g) Petitioner withdraws from ballot in an (d) Production of evidence. Parties have the § 2422.21 Duties and powers of the Executive election. When there is no intervening labor obligation to produce existing documents Director in the conduct of the pre-election organization, an election will not be held if and witnesses for the investigatory hearing investigatory hearing. the petitioner provides the Executive Direc- in accordance with the instructions of the (a) Duties. The Executive Director or her tor with a written request to withdraw the Executive Director or her designee. If a designee, on behalf of the Board, will receive petition. When there is an intervenor, an party willfully fails to comply with such in- evidence and inquire fully into the relevant election will be held if the intervening labor structions, the Board may draw an inference and material facts concerning the matters organization proffers a thirty percent (30%) adverse to that party on the issue related to that are the subject of the investigatory showing of interest within the time period the evidence sought. hearing, and may make recommendations on established by the Executive Director. (h) Observers. All parties are entitled to (e) Transcript. An official reporter will the record to the Board. make the official transcript of the pre-elec- (b) Powers. During the period a case is as- representation at the polling location(s) by tion investigatory hearing. Copies of the of- signed to the Executive Director or her des- observers of their own selection subject to ficial transcript may be examined in the Of- ignee for pre-election investigatory hearing the Executive Director’s approval. (1) Parties desiring to name observers must fice during normal working hours. Requests and prior to the close of the hearing, the Ex- file in writing with the Executive Director a by parties to purchase copies of the official ecutive Director or her designee may take request for specifically named observers at transcript should be made to the official any action necessary to schedule, conduct, least fifteen (15) days prior to an election. hearing reporter. continue, control, and regulate the pre-elec- The Executive Director may grant an exten- tion investigatory hearing, including ruling § 2422.19 Motions. sion of time for filing a request for specifi- on motions when appropriate. (a) Purpose of a motion. Subsequent to the cally named observers for good cause where issuance of a notice of pre-election investiga- § 2422.22 Objections to the conduct of the pre- a party requests such an extension or on the tory hearing in a representation proceeding, election investigatory hearing. Executive Director’s own motion. The re- a party seeking a ruling, an order, or relief (a) Objections. Objections are oral or writ- quest must name and identify the observers must do so by filing or raising a motion stat- ten complaints concerning the conduct of a requested. ing the order or relief sought and the pre-election investigatory hearing. (2) An employing office or activity may use grounds therefor. Challenges and other fil- (b) Exceptions to rulings. There are auto- as its observers any employees who are not ings referenced in other sections of this sub- matic exceptions to all adverse rulings. eligible to vote in the election, except: part may, in the discretion of the Executive § 2422.23 Election procedures. (i) Supervisors or management officials; Director or her designee, be treated as a mo- (a) Executive Director conducts or supervises (ii) Employees who have any official con- tion. election. The Executive Director, on behalf of nection with any of the labor organizations (b) Prehearing motions. Prehearing motions the Board, will decide to conduct or super- involved; or must be filed in writing with the Executive (iii) Non-employees of the legislative vise the election. In supervised elections, Director. Any response must be filed with branch. employing offices or activities will perform the Executive Director within five (5) days (3) A labor organization may use as its ob- all acts as specified in the Election Agree- after service of the motion. The Executive servers any employees eligible to vote in the ment or Direction of Election. Director shall rule on the motion. election, except: (b) Notice of election. Prior to the election a (c) Motions made at the investigatory hear- (i) Employees on leave without pay status notice of election, prepared by the Executive ing. During the pre-election investigatory who are working for the labor organization Director, will be posted by the employing of- hearing, motions will be made to the Execu- involved; or fice or activity in places where notices to tive Director or her designee, and may be (ii) Employees who hold an elected office employees are customarily posted and/or dis- oral on the record, unless otherwise required in the union. tributed in a manner by which notices are in this subpart to be in writing. Responses (4) Objections to a request for specific ob- normally distributed. The notice of election may be oral on the record or in writing, but, servers must be filed with the Executive Di- will contain the details and procedures of the absent permission of the Executive Director rector stating the reasons in support within election, including the appropriate unit, the or her designee, must be provided before the five (5) days after service of the request. eligibility period, the date(s), hour(s) and lo- hearing closes. The Executive Director or (5) The Executive Director’s ruling on re- cation(s) of the election, a sample ballot, and her designee will rule on motions made at quests for and objections to observers is final the effect of the vote. the hearing. and binding and is not subject to the filing of (c) Sample ballot. The reproduction of any (d) Posthearing motions. Motions made after an application for review with the Board. document purporting to be a copy of the offi- the hearing closes must be filed in writing cial ballot that suggests either directly or § 2422.24 Challenged ballots. with the Board. Any response to a indirectly to employees that the Board en- (a) Filing challenges. A party or the Execu- posthearing motion must be filed with the dorses a particular choice in the election tive Director may, for good cause, challenge Board within five (5) days after service of the may constitute grounds for setting aside an the eligibility of any person to participate in motion. election if objections are filed under § 2422.26. the election prior to the employee voting. § 2422.20 Rights of parties at a pre-election in- (d) Secret ballot. All elections will be by se- (b) Challenged ballot procedure. An indi- vestigatory hearing. cret ballot. vidual whose eligibility to vote is in dispute (a) Rights. A party at a pre-election inves- (e) Intervenor withdrawal from ballot. When will be given the opportunity to vote a chal- tigatory hearing will have the right: two or more labor organizations are included lenged ballot. If the parties and the Region (1) To appear in person or by a representa- as choices in an election, an intervening are unable to resolve the challenged ballot(s) tive; labor organization may, prior to the ap- prior to the tally of ballots, the unresolved

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5081 challenged ballot(s) will be impounded and (c) Ballot. The ballot in the runoff election ing, if any, documents admitted into the preserved until a determination can be will provide for a selection between the two record and briefs and other approved submis- made, if necessary, by the Executive Direc- choices receiving the largest and second sions from the parties. The Board may direct tor or the Board. largest number of votes in the election. that a secret ballot election be held, issue an § 2422.25 Tally of ballots. § 2422.29 Inconclusive elections. order dismissing the petition, or make such (a) Tallying the ballots. When the election is (a) Inconclusive elections. An inconclusive other disposition of the matter as it deems concluded, the Executive Director or her des- election is one where challenged ballots are appropriate. ignee will tally the ballots. not sufficient to affect the outcome of the § 2422.31 Application for review of an Executive (b) Service of the tally. When the tally is election and one of the following occurs: Director action. completed, the Executive Director will serve (1) The ballot provides for at least three (3) (a) Filing an application for review. A party the tally of ballots on the parties in accord- choices, one of which is no union or neither must file an application for review with the ance with the election agreement or direc- and the votes are equally divided; or Board within sixty (60) days of the Executive tion of election. (2) The ballot provides for at least three (3) Director’s action. The sixty (60) day time (c) Valid ballots cast. Representation will be choices, the choice receiving the highest limit provided for in 5 U.S.C. 7105(f), as ap- determined by the majority of the valid bal- number of votes does not receive a majority, plied by the CAA, may not be extended or lots cast. and at least two other choices receive the waived. § 2422.26 Objections to the election. next highest and same number of votes; or (b) Contents. An application for review (3) When a runoff ballot provides for a must be sufficient to enable the Board to (a) Filing objections to the election. Objec- choice between two labor organizations and rule on the application without recourse to tions to the procedural conduct of the elec- results in the votes being equally divided; or the record; however, the Board may, in its tion or to conduct that may have improperly (4) When the Board determines that there discretion, examine the record in evaluating affected the results of the election may be have been significant procedural irregular- the application. An application must specify filed by any party. Objections must be filed ities. the matters and rulings to which excep- and received by the Executive Director with- (b) Eligibility to vote in a rerun election. A tion(s) is taken, include a summary of evi- in five (5) days after the tally of ballots has current payroll period will be used to deter- dence relating to any issue raised in the ap- been served. Any objections must be timely mine eligibility to vote in a rerun election. plication, and make specific reference to regardless of whether the challenged ballots (c) Ballot. If a determination is made that page citations in the transcript if a hearing are sufficient in number to affect the results the election is inconclusive, the election will was held. An application may not raise any of the election. The objections must be sup- be rerun with all the choices that appeared issue or rely on any facts not timely pre- ported by clear and concise reasons. An on the original ballot. sented to the Executive Director. original and two (2) copies of the objections (d) Number of reruns. There will be only one (c) Review. The Board may, in its discre- must be received by the Executive Director. rerun of an inconclusive election. If the tion, grant an application for review when (b) Supporting evidence. The objecting party rerun results in another inconclusive elec- the application demonstrates that review is must file with the Executive Director evi- tion, the tally of ballots will indicate a ma- warranted on one or more of the following dence, including signed statements, docu- jority of valid ballots has not been cast for grounds: ments and other materials supporting the any choice and a certification of results will (1) The decision raises an issue for which objections within ten (10) days after the ob- be issued. If necessary, a runoff may be held there is an absence of precedent; jections are filed. when an original election is rerun. (2) Established law or policy warrants re- § 2422.27 Determinative challenged ballots and § 2422.30 Executive Director investigations, no- consideration; or, objections. tices of pre-election investigatory hearings, (3) There is a genuine issue over whether (a) Investigation. The Executive Director, and actions; Board Decisions and Orders. the Executive Director has: on behalf of the Board, will investigate ob- (i) Failed to apply established law; (a) Executive Director investigation. The Ex- (ii) Committed a prejudicial procedural jections and/or determinative challenged bal- ecutive Director, on behalf of the Board, will lots that are sufficient in number to affect error; make such investigation of the petition and (iii) Committed a clear and prejudicial the results of the election. any other matter as the Executive Director error concerning a substantial factual mat- (b) Burden of proof. A party filing objec- deems necessary. tions to the election bears the burden of ter. (b) Executive Director notice of pre-election (d) Opposition. A party may file with the proof by a preponderance of the evidence investigatory hearing. On behalf of the Board, Board an opposition to an application for re- concerning those objections. However, no the Executive Director will issue a notice of view within ten (10) days after the party is party bears the burden of proof on chal- pre-election investigatory hearing to inquire served with the application. A copy must be lenged ballots. into any matter about which a material served on the Executive Director and all (c) Executive Director action. After inves- issue of fact exists, where there is an issue as other parties and a statement of service tigation, the Executive Director will take to whether a question concerning representa- must be filed with the Board. appropriate action consistent with § 2422.30. tion exists, and any time there is reasonable (e) Executive Director action becomes the (d) Consolidated hearing on objections and/or cause to believe a question exists regarding Board’s action. An action of the Executive Di- determinative challenged ballots and an unfair unit appropriateness. rector becomes the action of the Board when: labor practice hearing. When appropriate, and (c) Executive Director action. After inves- (1) No application for review is filed with in accordance with § 2422.33, objections and/or tigation and/or hearing, when a pre-election the Board within sixty (60) days after the determinative challenged ballots may be investigatory hearing has been ordered, the date of the Executive Director’s action; or consolidated with an unfair labor practice Executive Director may, on behalf of the (2) A timely application for review is filed hearing. Such consolidated hearings will be Board, approve an election agreement, dis- with the Board and the Board does not un- conducted by a Hearing Officer. Exceptions miss a petition or deny intervention where dertake to grant review of the Executive Di- and related submissions must be filed with there is an inadequate or invalid showing of rector’s action within sixty (60) days of the the Board and the Board will issue a decision interest, or dismiss a petition where there is filing of the application; or in accordance with Part 2423 of this chapter an undisputed bar to further processing of (3) The Board denies an application for re- and section 406 of the CAA, except for the the petition under law, rule or regulation. view of the Executive Director’s action. following: (d) Appeal of Executive Director action. A (f) Board grant of review and stay. The (1) Section 2423.18 of this Subchapter con- party may file with the Board an application Board may rule on the issue(s) in an applica- cerning the burden of proof is not applicable; for review of an Executive Director action tion for review in its order granting the ap- (2) The Hearing Officer may not rec- taken pursuant to section (c) above. plication for review. Neither filing nor ommend remedial action to be taken or no- (e) Contents of the Record. When no pre- granting an application for review shall stay tices to be posted; and, election investigatory hearing has been con- any action ordered by the Executive Director (3) References to charge and complaint in ducted all material submitted to and consid- unless specifically ordered by the Board. Part 2423 of this chapter will be omitted. ered by the Executive Director during the in- (g) Briefs if review is granted. If the Board § 2422.28 Runoff elections. vestigation becomes a part of the record. does not rule on the issue(s) in the applica- (a) When a runoff may be held. A runoff When a pre-election investigatory hearing tion for review in its order granting review, election is required in an election involving has been conducted, the transcript and all the Board may, in its discretion, afford the at least three (3) choices, one of which is no material entered into evidence, including parties an opportunity to file briefs. The union or neither, when no choice receives a any posthearing briefs, become a part of the briefs will be limited to the issue(s) ref- majority of the valid ballots cast. However, record. erenced in the Board’s order granting review. a runoff may not be held until the objections (f) Transfer of record to Board; Board Deci- § 2422.32 Certifications and revocations. to the election and determinative challenged sions and Orders. In cases that are submitted (a) Certifications. The Executive Director, ballots have been resolved. to the Board for decision in the first in- on behalf of the Board, will issue an appro- (b) Eligibility. Employees who were eligible stance, the Board shall decide the issues pre- priate certification when: to vote in the original election and who are sented based upon the record developed by (1) After an election, runoff, or rerun, also eligible on the date of the runoff elec- the Executive Director, including the tran- (i) No objections are filed or challenged tion may vote in the runoff election. script of the pre-election investigatory hear- ballots are not determinative, or

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5082 CONGRESSIONAL RECORD — SENATE May 15, 1996 (ii) Objections and determinative chal- 2423.31 Backpay proceedings. which involves a negotiability issue, and the lenged ballots are decided and resolved; or § 2423.1 Applicability of this part. labor organization also files pursuant to part (2) The Executive Director takes an action This part is applicable to any charge of al- 2424 of this subchapter a petition for review requiring a certification and that action be- leged unfair labor practices occurring on or of the same negotiability issue, the Board comes the action of the Board under after October 1, 1996. and the General Counsel ordinarily will not § 2422.31(e) or the Board otherwise directs the § 2423.2 Informal proceedings. process the unfair labor practice charge and issuance of a certification. the petition for review simultaneously. (a) The purposes and policies of chapter 71, (b) Revocations. Without prejudice to any Under such circumstances, the labor organi- as applied by the CAA, can best be achieved rights and obligations which may exist under zation must select under which procedure to by the cooperative efforts of all persons cov- the CAA, the Executive Director, on behalf proceed. Upon selection of one procedure, ered by the program. To this end, it shall be of the Board, will revoke a recognition or further action under the other procedure will certification, as appropriate, and provide a the policy of the Board and the General Counsel to encourage all persons alleging un- ordinarily be suspended. Such selection must written statement of reasons when an in- be made regardless of whether the unfair cumbent exclusive representative files, dur- fair labor practices and persons against whom such allegations are made to meet labor practice charge or the petition for re- ing a representation proceeding, a disclaimer view of a negotiability issue is filed first. No- of any representational interest in the unit. and, in good faith, attempt to resolve such matters prior to the filing of unfair labor tification of this selection must be made in § 2422.33 Relief obtainable under Part 2423. practice charges. writing at the time that both procedures Remedial relief that was or could have (b) In furtherance of the policy referred to have been invoked, and must be served on been obtained as a result of a motion, objec- in paragraph (a) of this section, and noting the Board, the General Counsel and all par- tion, or challenge filed or raised under this the 180 day period of limitation set forth in ties to both the unfair labor practice case subpart, may not be the basis for similar re- section 220(c)(2) of the CAA, it shall be the and the negotiability case. lief if filed or raised as an unfair labor prac- policy of the Board and the General Counsel § 2423.6 Filing and service of copies. tice under Part 2423 of this Chapter: provided, to encourage the informal resolution of un- (a) An original and four (4) copies of the however, that related matters may be con- fair labor practice allegations subsequent to charge together with one copy for each addi- solidated for hearing as noted in § 2422.27(d) the filing of a charge and prior to the filing tional charged party named shall be filed of this subpart. of a complaint by the General Counsel. with the General Counsel. § 2422.34 Rights and obligations during the (c) In order to afford the parties an oppor- (b) Upon the filing of a charge, the charg- tunity to implement the policy referred to in pendency of representation proceedings. ing party shall be responsible for the service paragraphs (a) and (b) of this section, the in- (a) Existing recognitions, agreements, and ob- of a copy of the charge (without the sup- vestigation of an unfair labor practice ligations under the CAA. During the pendency porting evidence and documents) upon the charge by the General Counsel will normally of any representation proceeding, parties are person(s) against whom the charge is made, obligated to maintain existing recognitions, not commence until the parties have been af- forded a reasonable amount of time, not to and for filing a written statement of such adhere to the terms and conditions of exist- service with the General Counsel. The Gen- ing collective bargaining agreements, and exceed fifteen (15) days from the filing of the charge, during which period the parties are eral Counsel will, as a matter of course, fulfill all other representational and bar- cause a copy of such charge to be served on gaining responsibilities under the CAA. urged to attempt to informally resolve the unfair labor practice allegation. the person(s) against whom the charge is (b) Unit status of individual employees. Not- made, but shall not be deemed to assume re- § 2423.3 Who may file charges. withstanding paragraph (a) of this section sponsibility for such service. and except as otherwise prohibited by law, a An employing office, employing activity, (c) A charge will be deemed to be filed party may take action based on its position or labor organization may be charged by any when it is received by the General Counsel in regarding the bargaining unit status of indi- person with having engaged in or engaging in accordance with the requirements in para- vidual employees, pursuant to 5 U.S.C. any unfair labor practice prohibited under 5 graph (a) of this section. 7103(a)(2), 7112(b) and (c), as applied by the U.S.C. 7116, as applied by the CAA. § 2423.7 Investigation of charges. CAA: provided, however, that its actions may § 2423.4 Contents of the charge; supporting evi- be challenged, reviewed, and remedied where dence and documents. (a) The General Counsel shall conduct such investigation of the charge as the General appropriate. (a) A charge alleging a violation of 5 U.S.C. Counsel deems necessary. Consistent with PART 2423—UNFAIR LABOR PRACTICE 7116, as applied by the CAA, shall be sub- the policy set forth in § 2423.2, the investiga- PROCEEDINGS mitted on forms prescribed by the General tion will normally not commence until the Sec. Counsel and shall contain the following: (1) The name, address and telephone num- parties have been afforded a reasonable 2423.1 Applicability of this part. amount of time, not to exceed fifteen (15) 2423.2 Informal proceedings. ber of the person(s) making the charge; (2) The name, address and telephone num- days from the filing of the charge, to infor- 2423.3 Who may file charges. mally resolve the unfair labor practice alle- 2423.4 Contents of the charge; supporting ber of the employing office or activity, or labor organization against whom the charge gation. evidence and documents. is made; (b) During the course of the investigation 2423.5 Selection of the unfair labor practice (3) A clear and concise statement of the all parties involved will have an opportunity procedure or the negotiability procedure. facts constituting the alleged unfair labor to present their evidence and views to the 2423.6 Filing and service of copies. practice, a statement of the section(s) and General Counsel. 2423.7 Investigation of charges. subsection(s) of chapter 71 of title 5 of the (c) In connection with the investigation of 2423.8 Amendment of charges. United States Code made applicable by the charges, all persons are expected to cooper- 2423.9 Action by the General Counsel. CAA alleged to have been violated, and the ate fully with the General Counsel. 2423.10 Determination not to file complaint. date and place of occurrence of the par- (d) The purposes and policies of chapter 71, 2423.11 Settlement or adjustment of issues. ticular acts; and as applied by the CAA, can best be achieved 2423.12 Filing and contents of the com- (4) A statement of any other procedure in- by the full cooperation of all parties in- plaint. voked involving the subject matter of the volved and the voluntary submission of all 2423.13 Answer to the complaint. charge and the results, if any, including potentially relevant information from all po- 2423.14 Prehearing disclosure; conduct of whether the subject matter raised in the tential sources during the course of the in- hearing. charge (i) has been raised previously in a vestigation. To this end, it shall be the pol- 2423.15 Intervention. grievance procedure; (ii) has been referred to icy of the Board and the General Counsel to 2423.16 [Reserved] the Board under Part 2471 of these regula- protect the identity of individuals and the 2423.17 [Reserved] tions, or the Federal Mediation and Concilia- substance of the statements and information 2423.18 Burden of proof before the Hearing tion Service, or (iii) involves a negotiability they submit or which is obtained during the Officer. issue raised by the charging party in a peti- investigation as a means of assuring the 2423.19 Duties and powers of the Hearing Of- tion pending before the Board pursuant to Board’s and the General Counsel’s con- ficer. Part 2424 of this subchapter. tinuing ability to obtain all relevant infor- 2423.20 [Reserved] (b) Such charge shall be in writing and mation. 2423.21 [Reserved] signed and shall contain a declaration by the § 2423.8 Amendment of charges. 2423.22 [Reserved] person signing the charge, under the pen- 2423.23 [Reserved] alties of the Criminal Code (18 U.S.C. 1001), Prior to the issuance of a complaint, the 2423.24 [Reserved] that its contents are true and correct to the charging party may amend the charge in ac- 2423.25 [Reserved] best of that person’s knowledge and belief. cordance with the requirements set forth in 2423.26 Hearing Officer decisions; entry in (c) When filing a charge, the charging § 2423.6. records of the Office. party shall submit to the General Counsel § 2423.9 Action by the General Counsel. 2423.27 Appeal to the Board. any supporting evidence and documents. (a) The General Counsel shall take action 2423.28 [Reserved] § 2423.5 Selection of the unfair labor practice which may consist of the following, as appro- 2423.29 Action by the Board. procedure or the negotiability procedure. priate: 2423.30 Compliance with decisions and or- Where a labor organization files an unfair (1) Approve a request to withdraw a ders of the Board. labor practice charge pursuant to this part charge;

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5083 (2) Refuse to file a complaint; party to a settlement agreement offered by § 2423.14 Prehearing disclosure; conduct of (3) Approve a written settlement and rec- the respondent, and the General Counsel con- hearing. ommend that the Executive Director approve cludes that the offered settlement will effec- The procedures for prehearing discovery a written settlement agreement in accord- tuate the policies of chapter 71, as applied by and the conduct of the hearing are set forth ance with the provisions of section 414 of the the CAA, the agreement shall be between the in the Procedural Rules of the Office. CAA; respondent and the General Counsel. The § 2423.15 Intervention. (4) File a complaint; charging party will be so informed and pro- (5) Upon agreement of all parties, transfer vided a brief written statement by the Gen- Any person involved and desiring to inter- to the Board for decision, after filing of a eral Counsel of the reasons therefor. The set- vene in any proceeding pursuant to this part complaint, a stipulation of facts in accord- tlement agreement together with the charg- shall file a motion in accordance with the ance with the provisions of § 2429.1(a) of this ing party’s objections, if any, and the Gen- procedures set forth in the Procedural Rules subchapter; or eral Counsel’s written statements, shall be of the Office. The motion shall state the (6) Withdraw a complaint. submitted to the Executive Director for ap- grounds upon which such person claims in- § 2423.10 Determination not to file complaint. proval. The Executive Director may approve volvement. (a) If the General Counsel determines that or disapprove any settlement agreement. § 423.16 [Reserved] the charge has not been timely filed, that (3) After the filing of a complaint, if the § 423.17 [Reserved] the charge fails to state an unfair labor prac- General Counsel concludes that it will effec- § 423.18 Burden of proof before the Hearing Of- tice, or for other appropriate reasons, the tuate the policies of chapter 71, as applied by ficer. General Counsel may request the charging the CAA, the General Counsel may withdraw The General Counsel shall have the respon- party to withdraw the charge, and in the ab- the complaint. sibility of presenting the evidence in support sence of such withdrawal within a reasonable Settlements after the opening of the hearing of the complaint and shall have the burden time, decline to file a complaint. of proving the allegations of the complaint (b) The charging party may not obtain a (e)(1) After filing of a complaint and after by a preponderance of the evidence. opening of the hearing, if the General Coun- review of the General Counsel’s decision not 2423.19 Duties and powers of the Hearing Offi- to file a complaint. sel concludes that it will effectuate the poli- cies of chapter 71, as applied by the CAA, the cer. § 2423.11 Settlement or adjustment of issues. General Counsel may request the Hearing Of- It shall be the duty of the Hearing Officer (a) At any stage of a proceeding prior to ficer for permission to withdraw the com- to inquire fully into the facts as they relate hearing, where time, the nature of the pro- plaint and, having been granted such permis- to the matter before such Hearing Officer, ceeding, and the public interest permit, all sion to withdraw the complaint, may ap- subject to the rules and regulations of the interested parties shall have the opportunity prove a settlement and recommend that the Office and the Board. to submit to the Executive Director or Gen- Executive Director approve the settlement § 2423.20 [Reserved] eral Counsel, as appropriate, for consider- pursuant to paragraph (b) of this section. § 2423.21 [Reserved] ation, all facts and arguments concerning of- (2) If, after filing of a complaint and after § 2423.22 [Reserved] fers of settlement, or proposals of adjust- opening of the hearing, the parties enter into § 2423.23 [Reserved] ment. a settlement agreement that contains the re- § 2423.24 [Reserved] Precomplaint settlements spondent’s consent to the Board’s applica- § 2423.25 [Reserved] (b)(1) Prior to the filing of any complaint tion for the entry of a decree by the United § 2423.26 Hearing Officer decisions; entry in or the taking of other formal action, the States Court of Appeals for the Federal Cir- records of the Office. General Counsel will afford the charging cuit enforcing the Board’s order, the General In accordance with the Procedural Rules of party and the respondent a reasonable period Counsel may request the Hearing Officer and the Office, the Hearing Officer shall issue a of time in which to enter into a settlement the Executive Director to approve such set- written decision and that decision will be en- agreement to be submitted to and approved tlement agreement, and upon such approval, tered into the records of the Office. by the General Counsel and the Executive to transmit the agreement to the Board for § 2423.27 Appeal to the Board. Director. Upon approval by the General approval. Counsel and Executive Director and compli- (3) If the charging party fails or refuses to An aggrieved party may seek review of a ance with the terms of the settlement agree- become a party to a settlement agreement, decision and order of the Hearing Officer in ment, no further action shall be taken in the offered by the respondent, that contains the accordance with the Procedural Rules of the case. If the respondent fails to perform its respondent’s consent to the Board’s applica- Office. obligations under the settlement agreement, tion for the entry of a decree by the United § 2423.28 [Reserved] the General Counsel may determine to insti- States Court of Appeals for the Federal Cir- § 2423.29 Action by the Board. tute further proceedings. cuit enforcing the Board’s order, and the (a) If an appeal is filed, the Board shall re- (2) In the event that the charging party General Counsel concludes that the offered view the decision of the Hearing Officer in fails or refuses to become a party to a settle- settlement will effectuate the policies of accordance with section 406 of the CAA, and ment agreement offered by the respondent, if chapter 71, as applied to the CAA, the agree- the Procedural Rules of the Office. the General Counsel concludes that the of- ment shall be between the respondent and (b) Upon finding a violation, the Board fered settlement will effectuate the policies the General Counsel. After the charging shall issue an order: of chapter 71, as applied by the CAA, the party is given an opportunity to state on the (1) To cease and desist from any such un- agreement shall be between the respondent record or in writing the reasons for opposing fair labor practice in which the employing and the General Counsel and the latter shall the settlement, the General Counsel may re- office or labor organization is engaged; decline to file a complaint. quest the Hearing Officer and the Executive (2) Requiring the parties to renegotiate a Post complaint settlement policy Director to approve such settlement agree- collective bargaining agreement in accord- (c) Consistent with the policy reflected in ment, and upon such approval, to transmit ance with the order of the Board and requir- paragraph (a) of this section, even after the the agreement to the Board for approval. ing that the agreement, as amended, be filing of a complaint, the Board favors the The Board may approve or disapprove any given retroactive effect; settlement of issues. Such settlements may such settlement agreement or return the (3) Requiring reinstatement of an em- be accomplished as provided in paragraph (b) case to the Hearing Officer for other appro- ployee with backpay in accordance with 5 of this section. The parties may, as part of priate action. U.S.C. 5596; or the settlement, agree to waive their right to § 2423.12 Filing and contents of the complaint. (4) Including any combination of the ac- a hearing and agree further that the Board tions described in paragraphs (1) through (3) (a) After a charge is filed, if it appears to may issue an order requiring the respondent of this paragraph (b), or such other action as the General Counsel that formal proceedings to take action appropriate to the terms of will carry out the purpose of the chapter 71, in respect thereto should be instituted, the the settlement. Ordinarily such a settlement as applied by the CAA. General Counsel shall file a formal com- agreement will also contain the respondent’s (c) Upon finding no violation, the Board plaint: Provided, however, That a determina- consent to the Board’s application for the shall dismiss the complaint. tion by the General Counsel to file a com- entry of a decree by the United States Court plaint shall not be subject to review. § 2423.30 Compliance with decisions and orders of Appeals for the Federal Circuit enforcing of the Board. (b) The complaint shall include: the Board’s order. (1) Notice of the charge; When remedial action is ordered, the re- Post complaint prehearing settlements (2) Any information required pursuant to spondent shall report to the Office within a (d)(1) If, after the filing of a complaint, the the Procedural Rules of the Office. specified period that the required remedial charging party and the respondent enter into (c) Any such complaint may be withdrawn action has been effected. When the General a settlement agreement, and such agreement before the hearing by the General Counsel. Counsel or the Executive Director finds that is accepted by the General Counsel, the set- the required remedial action has not been ef- tlement agreement shall be submitted to the § 2423.13 Answer to the complaint. fected, the General Counsel or the Executive Executive Director for approval. A respondent shall file an answer to a com- Director shall take such action as may be (2) If, after the filing of a complaint, the plaint in accordance with the requirements appropriate, including referral to the Board charging party fails or refuses to become a of the Procedural Rules of the Office. for enforcement.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5084 CONGRESSIONAL RECORD — SENATE May 15, 1996 § 2423.31 Backpay proceedings. § 2424.3 Time limits for filing. filed first. Notification of this selection must After the entry of a Board order directing The time limit for filing a petition for re- be made in writing at the time that both payment of backpay, or the entry of a court view is fifteen (15) days after the date the procedures have been invoked, and must be decree enforcing such order, if it appears to employing office’s allegation that the duty served on the Board, the General Counsel the General Counsel that a controversy ex- to bargain in good faith does not extend to and all parties to both the unfair labor prac- ists which cannot be resolved without a for- the matter proposed to be bargained is tice case and the negotiability case. mal proceeding, the General Counsel may served on the exclusive representative. The § 2424.6 Position of the employing office; time issue and serve on all parties a backpay spec- exclusive representative shall request such limits for filing; service. ification accompanied by a request for hear- allegation in writing and the employing of- (a) Within thirty (30) days after the date of ing or a request for hearing without a speci- fice shall make the allegation in writing and the receipt by the head of an employing of- fication. Upon receipt of the request for serve a copy on the exclusive representative: fice of a copy of a petition for review of a ne- hearing, the Executive Director will appoint provided, however, that review of a negotia- gotiability issue the employing office shall an independent Hearing Officer. The respond- bility issue may be requested by an exclusive file a statement ent shall, within twenty (20) days after the representative under this subpart without a (1) Withdrawing the allegation that the service of a backpay specification, file an an- prior written allegation by the employing of- swer thereto in accordance with the Office’s duty to bargain in good faith does not extend fice if the employing office has not served Procedural Rules. No answer need be filed by to the matter proposed to be negotiated; or such allegation upon the exclusive represent- the respondent to a notice of hearing issued ative within ten (10) days after the date of (2) Setting forth in full its position on any without a specification. After the issuance of the receipt by any employing office bar- matters relevant to the petition which it a notice of hearing, with or without a back- wishes the Board to consider in reaching its pay specification, the hearing procedures gaining representative at the negotiations of a written request for such allegation. decision, including a full and detailed state- provided in the Procedural Rules of the Of- ment of its reasons supporting the allega- fice shall be followed insofar as applicable. § 2424.4 Content of petition; service. tion. The statement shall cite the section of PART 2424—EXPEDITED REVIEW OF (a) A petition for review shall be dated and any law, rule or regulation relied upon as a NEGOTIABILITY ISSUES shall contain the following: basis for the allegation and shall contain a Subpart A—Instituting an Appeal (1) A statement setting forth the express copy of any internal employing office rule or Sec. language of the proposal sought to be nego- regulation so relied upon. The statement 2424.1 Conditions governing review. tiated as submitted to the employing office; shall include: 2424.2 Who may file a petition. (2) An explicit statement of the meaning (i) Explanation of the meaning the employ- 2424.3 Time limits for filing. attributed to the proposal by the exclusive ing office attributes to the proposal as a 2424.4 Content of petition; service. representative including: whole, including any terms of art, acronyms, 2424.5 Selection of the unfair labor practice (i) Explanation of terms of art, acronyms, technical language or any other aspect of the procedure or the negotiability procedure. technical language, or any other aspect of language of the proposal which is not in 2424.6 Position of the employing office; time the language of the proposal which is not in common usage; and limits for filing; service. common usage; and (ii) Description of a particular work situa- 2424.7 Response of the exclusive representa- (ii) Where the proposal is concerned with a tion, or other particular circumstance the tive; time limits for filing; service. particular work situation, or other par- employing office views the proposal to con- 2424.8 Additional submissions to the Board. ticular circumstances, a description of the cern, which will enable the Board to under- 2424.9 Hearing. situation or circumstances which will enable stand the context in which the proposal is 2424.10 Board decision and order; compli- the Board to understand the context in considered to apply by the employing office. which the proposal is intended to apply; ance. (b) A copy of the employing office’s state- (3) A copy of all pertinent material, includ- Subpart B—Criteria for Determining Com- ment of position, including all attachments ing the employing office’s allegation in writ- pelling Need for Employing Office Rules thereto shall be served on the exclusive rep- ing that the matter, as proposed, is not with- and Regulations resentative. in the duty to bargain in good faith, and 2424.11 Illustrative criteria. other relevant documentary material; and § 2424.7 Response of the exclusive representa- Subpart A—Instituting an Appeal (4) Notification by the petitioning labor or- tive; time limits for filing; service. § 2424.1 Conditions governing review. ganization whether the negotiability issue is (a) Within fifteen (15) days after the date of The Board will consider a negotiability also involved in an unfair labor practice the receipt by an exclusive representative of issue under the conditions prescribed by 5 charge filed by such labor organization under a copy of an employing office’s statement of U.S.C. 7117 (b) and (c), as applied by the CAA, part 2423 of this subchapter and pending be- position the exclusive representative shall namely: If an employing office involved in fore the General Counsel. file a full and detailed response stating its collective bargaining with an exclusive rep- (b) A copy of the petition including all at- position and reasons for: resentative alleges that the duty to bargain tachments thereto shall be served on the em- (1) Disagreeing with the employing office’s in good faith does not extend to any matter ploying office head and on the principal em- allegation that the matter, as proposed to be proposed to be bargained because, as pro- ploying office bargaining representative at negotiated, is inconsistent with any Federal posed, the matter is inconsistent with law, the negotiations. law or Government-wide rule or regulation; rule or regulation, the exclusive representa- (c)(1) Filing an incomplete petition for re- or tive may appeal the allegation to the Board view will result in the exclusive representa- (2) Alleging that the employing office’s when—— tive being asked to provide the missing or in- rules or regulations violate applicable law, (a) It disagrees with the employing office’s complete information. Noncompliance with a or rule or regulation or appropriate author- allegation that the matter as proposed to be request to complete the record may result in ity outside the employing office; that the bargained is inconsistent with any Federal dismissal of the petition. rules or regulations were not issued by the law or any Government-wide rule or regula- (2) The processing priority accorded to an employing office or by any primary national tion; or incomplete petition, relative to other pend- subdivision of the employing office, or other- (b) It alleges, with regard to any employ- ing negotiability appeals, will be based upon ing office rule or regulation asserted by the wise are not applicable to bar negotiations the date when the petition is completed not under 5 U.S.C. 7117(a)(3), as applied by the employing office as a bar to negotiations on the date it was originally filed. the matter, as proposed, that: CAA; or that no compelling need exists for (1) The rule or regulation violates applica- § 2424.5 Selection of the unfair labor practice the rules or regulations to bar negotiations. ble law, or rule or regulation of appropriate procedure or the negotiability procedure. (b) The response shall cite the particular authority outside the employing office; Where a labor organization files an unfair section of any law, rule or regulation alleged (2) The rule or regulation was not issued by labor practice charge pursuant to part 2423 of to be violated by the employing office’s rules the employing office or by any primary na- this subchapter which involves a negotia- or regulations; or shall explain the grounds tional subdivision of the employing office, or bility issue, and the labor organization also for contending the employing office rules or otherwise is not applicable to bar negotia- files pursuant to this part a petition for re- regulations are not applicable to bar nego- tions with the exclusive representative, view of the same negotiability issue, the tiations under 5 U.S.C. 7117(a)(3), as applied under 5 U.S.C. 7117(a)(3), as applied by the Board and the General Counsel ordinarily by the CAA, or fail to meet the criteria es- CAA; or will not process the unfair labor practice tablished in subpart B of this part, or were (3) No compelling need exists for the rule charge and the petition for review simulta- not issued at the employing office head- or regulation to bar negotiations on the mat- neously. Under such circumstances, the quarters level or at the level of a primary ter, as proposed, because the rule or regula- labor organization must select under which national subdivision. tion does not meet the criteria established in procedure to proceed. Upon selection of one (c) A copy of the response of the exclusive subpart B of this part. procedure, further action under the other representative including all attachments § 2424.2 Who may file a petition. procedure will ordinarily be suspended. Such thereto shall be served on the employing of- A petition for review of a negotiability selection must be made regardless of wheth- fice head and on the employing office’s rep- issue may be filed by an exclusive represent- er the unfair labor practice charge or the pe- resentative of record in the proceeding be- ative which is a party to the negotiations. tition for review of a negotiability issue is fore the Board.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5085 § 2424.8 Additional submissions to the Board. § 2425.1 Who may file an exception; time limits personnel employed by the primary national The Board will not consider any submis- for filing; opposition; service. subdivision. sion filed by any party, whether supple- (a) Either party to arbitration under the (c) In determining whether a labor organi- mental or responsive in nature, other than provisions of chapter 71 of title 5 of the zation meets the requirements as prescribed those authorized under §§ 2424.2 through United States Code, as applied by the CAA, in paragraphs (a)(2) and (b)(2) of this section, 2424.7 unless such submission is requested by may file an exception to an arbitrator’s the following will not be counted: (1) At the employing office level, employ- the Board; or unless, upon written request by award rendered pursuant to the arbitration. ees represented by the labor organization any party, a copy of which is served on all (b) The time limit for filing an exception under national exclusive recognition granted other parties, the Board in its discretion to an arbitration award is thirty (30) days be- at the employing office level. grants permission to file suchsubmission. ginning on the date the award is served on the filing party. (2) At the primary national subdivision § 2424.9 Hearing. (c) An opposition to the exception may be level, employees represented by the labor or- A hearing may be held, in the discretion of filed by a party within thirty (30) days after ganization under national exclusive recogni- the Board, before a determination is made the date of service of the exception. tion granted at the agency level or at that under 5 U.S.C. 7117(b) or (c), as applied by the (d) A copy of the exception and any opposi- primary national subdivision level. CAA. If a hearing is held, it shall be expe- tion shall be served on the other party. (d) An employing office or a primary na- tional subdivision of an employing office dited to the extent practicable and shall not § 2425.2 Content of exception. include the General Counsel as a party. shall not grant national consultation rights An exception must be a dated, self-con- to any labor organization that does not meet § 2424.10 Board decision and order; compliance. tained document which sets forth in full: the criteria prescribed in paragraphs (a), (b) (a) Subject to the requirements of this sub- (a) A statement of the grounds on which and (c) of this section. review is requested; part the Board shall expedite proceedings § 2426.2 Requests; petition and procedures for under this part to the extent practicable and (b) Evidence or rulings bearing on the issues before the Board; determination of eligibility for national con- shall issue to the exclusive representative sultation rights. and to the employing office a written deci- (c) Arguments in support of the stated sion on the allegation and specific reasons grounds, together with specific reference to (a) Requests by labor organizations for na- therefor at the earliest practicable date. the pertinent documents and citations of au- tional consultation rights shall be submitted in writing to the headquarters of the em- (b) If the Board finds that the duty to bar- thorities; and ploying office or the employing office’s pri- gain extends to the matter proposed to be (d) A legible copy of the award of the arbi- mary national subdivision, as appropriate, bargained, the decision of the Board shall in- trator and legible copies of other pertinent which headquarters shall have fifteen (15) clude an order that the employing office documents; and days from the date of service of such request shall upon request (or as otherwise agreed to (e) The name and address of the arbitrator. to respond thereto in writing. by the parties) bargain concerning such mat- § 2425.3 Grounds for review. (b) Issues relating to a labor organization’s ter. If the Board finds that the duty to bar- The Board will review an arbitrator’s eligibility for, or continuation of, national gain does not extend to the matter proposed award to which an exception has been filed consultation rights shall be referred to the to be negotiated, the Board shall so state to determine if the award is deficient— Board for determination as follows: (a) Because it is contrary to any law, rule and issue an order dismissing the petition for (1) A petition for determination of the eli- or regulation; or review of the negotiability issue. If the gibility of a labor organization for national (b) On other grounds similar to those ap- Board finds that the duty to bargain extends consultation rights under criteria set forth plied by Federal courts in private sector to the matter proposed to be bargained only in § 2426.1 may be filed by a labor organiza- labor-management relations. at the election of the employing office, the tion. Board shall so state and issue an order dis- § 2425.4 Board decision. (2) A petition for determination of eligi- missing the petition for review of the nego- The Board shall issue its decision and bility for national consultation rights shall tiability issue. order taking such action and making such be submitted on a form prescribed by the (c) When an order is issued as provided in recommendations concerning the award as it Board and shall set forth the following infor- paragraph (b) of this section, the employing considers necessary, consistent with applica- mation: office or exclusive representative shall re- ble laws, rules, or regulations. (i) Name and affiliation, if any, of the peti- port to the Executive Director within a spec- PART 2426—NATIONAL CONSULTATION tioner and its address and telephone number; ified period failure to comply with an order RIGHTS AND CONSULTATION RIGHTS (ii) A statement that the petitioner has that the employing office shall upon request ON GOVERNMENT-WIDE RULES OR submitted to the employing office or the pri- (or as otherwise agreed to by the parties) REGULATIONS mary national subdivision and to the Assist- bargain concerning the disputed matter. ant Secretary a roster of its officers and rep- Subpart A—National Consultation Rights Subpart B—Criteria for Determining Com- resentatives, a copy of its constitution and Sec. pelling Need for Employing Office Rules bylaws, and a statement of its objectives; 2426.1 Requesting; granting; criteria. and Regulations (iii) A declaration by the person signing 2426.2 Requests; petition and procedures for the petition, under the penalties of the § 2424.11 Illustrative criteria. determination of eligibility for national Criminal Code (18 U.S.C. 1001), that its con- A compelling need exists for an employing consultation rights. tents are true and correct to the best of such office rule or regulation concerning any con- 2426.3 Obligation to consult. person’s knowledge and belief; dition of employment when the employing Subpart B—Consultation Rights on (iv) The signature of the petitioner’s rep- office demonstrates that the rule or regula- Government-wide Rules or Regulations resentative, including such person’s title and tion meets one or more of the following illus- 2426.11 Requesting; granting; criteria. telephone number; trative criteria: 2426.12 Requests; petition and procedures (v) The name, address, and telephone num- (a) The rule or regulation is essential, as for determination of eligibility for con- ber of the employing office or primary na- distinguished from helpful or desirable, to sultation rights on Government-wide tional subdivision in which the petitioner the accomplishment of the mission or the rules or regulations. seeks to obtain or retain national consulta- execution of functions of the employing of- 2426.13 Obligation to consult. tion rights, and the persons to contact and fice or primary national subdivision in a their titles, if known; Subpart A—National Consultation Rights manner which is consistent with the require- (vi) A showing that petitioner holds ade- ments of an effective and efficient govern- § 2426.1 Requesting; granting; criteria. quate exclusive recognition as required by ment. (a) An employing office shall accord na- § 2426.1; and (b) The rule or regulation is necessary to tional consultation rights to a labor organi- (vii) A statement as appropriate: insure the maintenance of basic merit prin- zation that: (A) That such showing has been made to ciples. (1) Requests national consultation rights and rejected by the employing office or pri- (c) The rule or regulation implements a at the employing office level; and mary national subdivision, together with a mandate to the employing office or primary (2) Holds exclusive recognition for ten per- statement of the reasons for rejection, if national subdivision under law or other out- cent (10%) or more of the total number of any, offered by that employing office or pri- side authority, which implementation is es- personnel employed by the employing office. mary national subdivision; sentially nondiscretionary in nature. (b) An employing office’s primary national (B) That the employing office or primary subdivision which has authority to formu- national subdivision has served notice of its PART 2425—REVIEW OF ARBITRATION late conditions of employment shall accord intent to terminate existing national con- AWARDS national consultation rights to a labor orga- sultation rights, together with a statement Sec. nization that: of the reasons for termination; or 2425.1 Who may file an exception; time lim- (1) Requests national consultation rights (C) That the employing office or primary its for filing; opposition; service. at the primary national subdivision level; national subdivision has failed to respond in 2425.2 Content of exception. and writing to a request for national consulta- 2425.3 Grounds for review. (2) Holds exclusive recognition for ten per- tion rights made under § 2426.2(a) within fif- 2425.4 Board decision. cent (10%) or more of the total number of teen (15) days after the date the request is

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5086 CONGRESSIONAL RECORD — SENATE May 15, 1996 served on the employing office or primary designated representatives of the labor orga- tions, and the persons to contact and their national subdivision. nization: titles, if known; (3) The following regulations govern peti- (1) Reasonable notice of any proposed sub- (vi) A showing that petitioner meets the tions filed under this section: stantive change in conditions of employ- criteria as required by § 2426.11; and (i) A petition for determination of eligi- ment; and (vii) A statement, as appropriate: bility for national consultation rights shall (2) Reasonable time to present its views (A) That such showing has been made to be filed with the Executive Director. and recommendations regarding the change. and rejected by the employing office, to- (ii) An original and four (4) copies of a peti- (b) If a labor organization presents any gether with a statement of the reasons for tion shall be filed, qtogether with a state- views or recommendations regarding any rejection, if any, offered by that employing ment of any other relevant facts and of all proposed substantive change in conditions of office; correspondence. employment to an employing office or a pri- (B) That the employing office has served (iii) Copies of the petition together with mary national subdivision, that employing notice of its intent to terminate existing the attachments referred to in paragraph office or primary national subdivision shall: consultation rights on Government-wide (b)(3)(ii) of this section shall be served by the (1) Consider the views or recommendations rules or regulations, together with a state- petitioner on all known interested parties, before taking final action on any matter ment of the reasons for termination; or and a written statement of such service shall with respect to which the views or rec- (C) That the employing office has failed to be filed with the Executive Director. ommendations are presented; and respond in writing to a request for consulta- (iv) A petition shall be filed within thirty (2) Provide the labor organization a writ- tion rights on Government-wide rules or reg- (30) days after the service of written notice ten statement of the reasons for taking the ulations made under § 2426.12(a) within fif- by the employing office or primary national final action. teen (15) days after the date the request is subdivision of its refusal to accord national (c) Nothing in this subpart shall be con- served on the employing office. consultation rights pursuant to a request strued to limit the right of any employing under § 2426.2(a) or its intention to terminate office or exclusive representative to engage (3) The following regulations govern peti- existing national consultation rights. If an in collective bargaining. tions filed under this section: (i) A petition for determination of eligi- employing office or primary national sub- Subpart B—Consultation Rights on bility for consultation rights on Govern- division fails to respond in writing to a re- Government-wide Rules or Regulations quest for national consultation rights made ment-wide rules or regulations shall be filed under § 2426.2(a) within fifteen (15) days after 2426.11 Requesting; granting; criteria. with the Executive Director. the date the request is served on the employ- (a) An employing office shall accord con- (ii) An original and four (4) copies of a peti- ing office or primary national subdivision, a sultation rights on Government-wide rules tion shall be filed, together with a statement petition shall be filed within thirty (30) days or regulations to a labor organization that: of any other relevant facts and of all cor- after the expiration of such fifteen (15) day (1) Requests consultation rights on Gov- respondence. period. ernment-wide rules or regulations from an (iii) Copies of the petition together with (v) If an employing office or primary na- employing office; and the attachments referred to in paragraph tional subdivision wishes to terminate na- (2) Holds exclusive recognition for ten per- (b)(3)(ii) of this section shall be served by the tional consultation rights, notice of its in- cent (10%) or more of the total number of petitioner on the employing office, and a tention to do so shall include a statement of employees employed by the employing office. written statement of such service shall be its reasons and shall be served not less than (b) An employing office shall not grant filed with the Executive Director. thirty (30) days prior to the intended termi- consultation rights on Government-wide (iv) A petition shall be filed within thirty nation date. A labor organization, after re- rules or regulations to any labor organiza- (30) days after the service of written notice ceiving such notice, may file a petition with- tion that does not meet the criteria pre- by the employing office of its refusal to ac- in the time period prescribed herein, and scribed in paragraph (a) of this section. cord consultation rights on Government- thereby cause to be stayed further action by 2426.12 Requests; petition and procedures for wide rules or regulations pursuant to a re- the employing office or primary national determination of eligibility for consultation quest under § 2426.12(a) or its intention to subdivision pending disposition of the peti- rights on Government-wide rules or regula- terminate such existing consultation rights. tion. If no petition has been filed within the tions. If an employing office fails to respond in provided time period, an employing office or (a) Requests by labor organizations for writing to a request for consultation rights primary national subdivision may terminate consultation rights on Government-wide on Government-wide rules or regulations national consultation rights. rules or regulations shall be submitted in made under § 2426.12(a) within fifteen (15) (vi) Within fifteen (15) days after the re- writing to the headquarters of the employing days after the date the request is served on ceipt of a copy of the petition, the employing office, which headquarters shall have fifteen the employing office, a petition shall be filed office or primary national subdivision shall (15) days from the date of service of such re- within thirty (30) days after the expiration of file a response thereto with the Executive quest to respond thereto in writing. such fifteen (15) day period. Director raising any matter which is rel- (b) Issues relating to a labor organization’s (v) If an employing office wishes to termi- evant to the petition. eligibility for, or continuation of, consulta- nate consultation rights on Government- (vii) The Executive Director, on behalf of tion rights on Government-wide rules or reg- wide rules or regulations, notice of its inten- the Board, shall make such investigations as ulations shall be referred to the Board for de- tion to do so shall be served not less than the Executive Director deems necessary and termination as follows: thirty (30) days prior to the intended termi- thereafter shall issue and serve on the par- (1) A petition for determination of the eli- nation date. A labor organization, after re- ties a determination with respect to the eli- gibility of a labor organization for consulta- ceiving such notice, may file a petition with- gibility for national consultation rights tion rights under criteria set forth in § 2426.11 in the time period prescribed herein, and which shall be final: provided, however, that may be filed by a labor organization. thereby cause to be stayed further action by an application for review of the Executive (2) A petition for determination of eligi- the employing office pending disposition of Director’s determination may be filed with bility for consultation rights shall be sub- the petition. If no petition has been filed the Board in accordance with the procedure mitted on a form prescribed by the Board within the provided time period, an employ- set forth in § 2422.31 of this subchapter. A de- and shall set forth the following informa- ing office may terminate such consultation termination by the Executive Director to tion: rights. issue a notice of hearing shall not be subject (i) Name and affiliation, if any, of the peti- (vi) Within fifteen (15) days after the re- to the filing of an application for review.On tioner and its address and telephone number; ceipt of a copy of the petition, the employing behalf of the Board, the Executive Director, (ii) A statement that the petitioner has office shall file a response thereto with the if appropriate, may cause a notice of hearing submitted to the employing office and to the Executive Director raising any matter which to be issued to all interested parties where Assistant Secretary a roster of its officers is relevant to the petition. substantial factual issues exist warranting and representatives, a copy of its constitu- (vii) The Executive Director, on behalf of an investigatory hearing. Investigatory tion and bylaws, and a statement of its ob- the Board, shall make such investigation as hearings shall be conducted by the Executive jectives; the Executive Director deems necessary and Director or her designee in accordance with (iii) A declaration by the person signing thereafter shall issue and serve on the par- § 2422.17 through § 2422.22 of this subchapter the petition, under the penalties of the ties a determination with respect to the eli- and after the close of the investigatory hear- Criminal Code (18 U.S.C. 1001), that its con- gibility for consultation rights which shall ing a Decision and Order shall be issued by tents are true and correct to the best of such be final: Provided, however, that an applica- the Board in accordance with § 2422.30 of this person’s knowledge and belief; tion for review of the Executive Director’s subchapter. (iv) The signature of the petitioner’s rep- determination may be filed with the Board 2426.3 Obligation to consult. resentative, including such person’s title and in accordance with the procedure set forth in (a) When a labor organization has been ac- telephone number; § 2422.31 of this subchapter. A determination corded national consultation rights, the em- (v) The name, address, and telephone num- by the Executive Director to issue a notice ploying office or the primary national sub- ber of the employing office in which the peti- of investigatory hearing shall not be subject division which has granted those rights tioner seeks to obtain or retain consultation to the filing of an application for review. On shall, through appropriate officials, furnish rights on Government-wide rules or regula- behalf of the Board, the Executive Director,

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5087 if appropriate, may cause a notice of inves- (b) A copy of each document also shall be 2429.5 Matters not previously presented; of- tigatory hearing to be issued where substan- served on all known interested parties, in- ficial notice. tial factual issues exist warranting a hear- cluding the General Counsel, where appro- 2429.6 Oral argument. ing. Investigatory hearings shall be con- priate. 2429.7 [Reserved] ducted by the Executive Director or her des- § 2427.4 Submissions from interested parties. 2429.8 [Reserved] ignee in accordance with § 2422.17 through Prior to issuance of a general statement of 2429.9 [Reserved] § 2422.22 of this chapter and after the close of policy or guidance the Board, as it deems ap- 2429.10 Advisory opinions. the investigatory hearing a Decision and propriate, will afford an opportunity to in- 2429.11 [Reserved] Order shall be issued by the Board in accord- terested parties to express their views orally 2429.12 [Reserved] ance with § 2422.30 of this subchapter. or in writing. 2429.13 Official time. § 2426.13 Obligation to consult. § 2427.5 Standards governing issuance of gen- 2429.14 Witness fees. (a) When a labor organization has been ac- eral statements of policy or guidance. 2429.15 Board requests for advisory opin- corded consultation rights on Government- In deciding whether to issue a general ions. wide rules or regulations, the employing of- statement of policy or guidance, the Board 2429.16 General remedial authority. fice which has granted those rights shall, shall consider: 2429.17 [Reserved] through appropriate officials, furnish des- (a) Whether the question presented can 2429.18 [Reserved] ignated representatives of the labor organi- more appropriately be resolved by other Subpart B—General Requirements zation: means; (1) Reasonable notice of any proposed Gov- (b) Where other means are available, 2429.21 [Reserved] ernment-wide rule or regulation issued by whether a Board statement would prevent 2429.22 [Reserved] the employing office affecting any sub- the proliferation of cases involving the same 2429.23 Extension; waiver. stantive change in any condition of employ- or similar question; 2429.24 [Reserved] ment; and (c) Whether the resolution of the question 2429.25 [Reserved] (2) Reasonable time to present its views presented would have general applicability 2429.26 [Reserved] and recommendations regarding the change. under chapter 71, as applied by the CAA; 2429.27 [Reserved] (b) If a labor organization presents any (d) Whether the question currently con- 2429.28 Petitions for amendment of regula- views or recommendations regarding any fronts parties in the context of a labor-man- tions. proposed substantive change in any condi- agement relationship; tion of employment to an employing office, (e) Whether the question is presented joint- Subpart A—Miscellaneous that employing office shall: ly by the parties involved; and (1) Consider the views or recommendations (f) Whether the issuance by the Board of a § 2429.1 Transfer of cases to the Board. before taking final action on any matter general statement of policy or guidance on In any unfair labor practice case under with respect to which the views or rec- the question would promote constructive and part 2423 of this subchapter in which, after ommendations are presented; and cooperative labor-management relationships the filing of a complaint, the parties stipu- (2) Provide the labor organization a writ- in the legislative branch and would other- late that no material issue of fact exists, the ten statement of the reasons for taking the wise promote the purposes of chapter 71, as Executive Director may, upon agreement of final action. applied by the CAA. all parties, transfer the case to the Board; PART 2427—GENERAL STATEMENTS OF PART 2428—ENFORCEMENT OF ASSIST- and the Board may decide the case on the POLICY OR GUIDANCE ANT SECRETARY STANDARDS OF CON- basis of the formal documents alone. Briefs Sec. DUCT DECISIONS AND ORDERS in the case must be filed with the Board 2427.1 Scope. Sec. within thirty (30) days from the date of the 2427.2 Requests for general statements of 2428.1 Scope. Executive Director’s order transferring the policy or guidance. 2428.2 Petitions for enforcement. case to the Board. The Board may also re- 2427.3 Content of request. 2428.3 Board decision. mand any such case to the Executive Direc- 2427.4 Submissions from interested parties. § 2428.1 Scope. tor for further processing. Orders of transfer 2427.5 Standards governing issuance of gen- This part sets forth procedures under and remand shall be served on all parties. eral statements of policy or guidance. which the Board, pursuant to 5 U.S.C. § 2429.2 [Reserved] § 2427.1 Scope. 7105(a)(2)(I), as applied by the CAA, will en- This part sets forth procedures under force decisions and orders of the Assistant § 2429.3 Transfer of record. which requests may be submitted to the Secretary in standards of conduct matters In any case under part 2425 of this sub- Board seeking the issuance of general state- arising under 5 U.S.C. 7120, as applied by the chapter, upon request by the Board, the par- ments of policy or guidance under 5 U.S.C. CAA. ties jointly shall transfer the record in the 7105(a)(1), as applied by the CAA. § 2428.2 Petitions for enforcement. case, including a copy of the transcript, if § 2427.2 Requests for general statements of pol- (a) The Assistant Secretary may petition any, exhibits, briefs and other documents icy or guidance. the Board to enforce any Assistant Secretary filed with the arbitrator, to the Board. (a) The head of an employing office (or des- decision and order in a standards of conduct ignee), the national president of a labor or- case arising under 5 U.S.C. 7120, as applied by § 2429.4 Referral of policy questions to the ganization (or designee), or the president of the CAA. The Assistant Secretary shall Board. a labor organization not affiliated with a na- transfer to the Board the record in the case, Notwithstanding the procedures set forth tional organization (or designee) may sepa- including a copy of the transcript if any, ex- in this subchapter, the General Counsel, or rately or jointly ask the Board for a general hibits, briefs, and other documents filed with the Assistant Secretary, may refer for re- statement of policy or guidance. The head of the Assistant Secretary. A copy of the peti- view and decision or general ruling by the any lawful association not qualified as a tion for enforcement shall be served on the Board any case involving a major policy labor organization may also ask the Board labor organization against which such order issue that arises in a proceeding before any for such a statement provided the request is applies. of them. Any such referral shall be in writ- not in conflict with the provisions of chapter (b) An opposition to Board enforcement of ing and a copy of such referral shall be 71 of title 5 of the United States Code, as ap- any such Assistant Secretary decision and served on all parties to the proceeding. Be- plied by the CAA, or other law. order may be filed by the labor organization fore decision or general ruling, the Board (b) The Board ordinarily will not consider against which such order applies twenty (20) shall obtain the views of the parties and a request related to any matter pending be- days from the date of service of the petition, other interested persons, orally or in writ- fore the Board or General Counsel. unless the Board, upon good cause shown by ing, as it deems necessary and appropriate. § 2427.3 Content of request. the Assistant Secretary, sets a shorter time The Board may decline a referral. (a) A request for a general statement of for filing such opposition. A copy of the op- policy or guidance shall be in writing and position to enforcement shall be served on § 2429.5 Matters not previously presented; offi- must contain: the Assistant Secretary. cial notice. (1) A concise statement of the question § 2428.3 Board decision. The Board will not consider evidence of- with respect to which a general statement of The Board shall issue its decision on the fered by a party, or any issue, which was not policy or guidance is requested together with case enforcing, enforcing as modified, or re- presented in the proceedings before the Exec- background information necessary to an un- fusing to enforce, the decision and order of utive Director, Hearing Officer, or arbi- derstanding of the question; the Assistant Secretary. trator. The Board may, however, take offi- (2) A statement of the standards under PART 2429—MISCELLANEOUS AND cial notice of such matters as would be prop- § 2427.5 upon which the request is based; GENERAL REQUIREMENTS (3) A full and detailed statement of the po- er. Subpart A—Miscellaneous sition or positions of the requesting party or § 2429.6 Oral argument. parties; Sec. (4) Identification of any cases or other pro- 2429.1 Transfer of cases to the Board. The Board or the General Counsel, in their ceedings known to bear on the question 2429.2 [Reserved] discretion, may request or permit oral argu- which are pending under the CAA; and 2429.3 Transfer of record. ment in any matter arising under this sub- (5) Identification of other known interested 2429.4 Referral of policy questions to the chapter under such circumstances and condi- parties. Board. tions as they deem appropriate.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5088 CONGRESSIONAL RECORD — SENATE May 15, 1996 § 2429.7 [Reserved] (b) Except as provided in paragraph (d) of 2471.1 Request for Board consideration; re- § 2429.8 [Reserved] this section, the Board or General Counsel, quest for Board approval of binding arbi- § 2429.9 [Reserved] or their designated representatives, as appro- tration. § 2429.10 Advisory opinions. priate, may waive any expired time limit in 2471.2 Request form. The Board and the General Counsel will this subchapter in extraordinary cir- 2471.3 Content of request. not issue advisory opinions. cumstances. Request for a waiver of time 2471.4 Where to file. § 2429.11 [Reserved] limits shall state the position of the other 2471.5 Copies and service. § 2429.12 [Reserved] parties and shall be served on the other par- 2471.6 Investigation of request; Board rec- § 2429.13 Official time. ties. ommendation and assistance; approval of If the participation of any employee in any (c) The time limits established in this sub- binding arbitration. phase of any proceeding before the Board chapter may not be extended or waived in 2471.7 Preliminary hearing procedures. under section 220 of the CAA, including the any manner other than that described in this 2471.8 Conduct of hearing and prehearing investigation of unfair labor practice subchapter. conference. (d) Time limits established in 5 U.S.C. charges and representation petitions and the 2471.9 Report and recommendations. 7105(f), 7117(c)(2) and 7122(b), as applied by participation in hearings and representation 2471.10 Duties of each party following re- the CAA, may not be extended or waived elections, is deemed necessary by the Board, ceipt of recommendations. under this section. the Executive Director, the General Counsel, 2471.11 Final action by the Board. any Hearing Officer, or other agent of the § 2429.24 [Reserved] 2471.12 Inconsistent labor agreement provi- Board designated by the Board, such em- § 2429.25 [Reserved] § 2429.26 [Reserved] sions. ployee shall be granted official time for such § 2429.27 [Reserved] § 2471.1 Request for Board consideration; re- participation, including necessary travel § 2429.28 Petitions for amendment of regula- quest for Board approval of binding arbitra- time, as occurs during the employee’s reg- tions. tion. ular work hours and when the employee Any interested person may petition the If voluntary arrangements, including the would otherwise be in a work or paid leave Board in writing for amendments to any por- services of the Federal Mediation and Concil- status. tion of these regulations. Such petition shall iation Services or any other third-party me- § 2429.14 Witness fees. identify the portion of the regulations in- diation, fail to resolve a negotiation im- (a) Witnesses (whether appearing volun- volved and provide the specific language of passe: tarily, or under a subpena) shall be paid the the proposed amendment together with a (a) Either party, or the parties jointly, fee and mileage allowances which are paid statement of grounds in support of such peti- may request the Board to consider the mat- subpenaed witnesses in the courts of the tion. ter by filing a request as hereinafter pro- United States: Provided, that any witness SUBCHAPTER D IMPASSES vided; or the Board may, pursuant to 5 U.S.C. who is employed by the Federal Government PART 2470—GENERAL 7119(c)(1), as applied by the CAA, undertake shall not be entitled to receive witness fees Subpart A— Purpose consideration of the matter upon request of in addition to compensation received pursu- Sec. (i) the Federal Mediation and Conciliation ant to § 2429.13. (b) Witness fees and mileage allowances 2470.1 Purpose. Service, or (ii) the Executive Director; or shall be paid by the party at whose instance Subpart B—Definitions (b) The parties may jointly request the the witnesses appear, except when the wit- 2470.2 Definitions. Board to approve any procedure, which they ness receives compensation pursuant to Subpart A—Purpose have agreed to adopt, for binding arbitration § 2429.13. of the negotiation impasse by filing a re- § 2470.1 Purpose. quest as hereinafter provided. § 2429.15 Board requests for advisory opinions. The regulations contained in this sub- (a) Whenever the Board, pursuant to 5 chapter are intended to implement the provi- § 2471.2 Request form. U.S.C. 7105(i), as applied by the CAA, re- sions of section 7119 of title 5 of the United A form has been prepared for use by the quests an advisory opinion from the Director States Code, as applied by the CAA. They parties in filing a request with the Board for of the Office of Personnel Management con- prescribe procedures and methods which the consideration of an impasse or approval of a cerning the proper interpretation of rules, Board may utilize in the resolution of nego- binding arbitration procedure. Copies are regulations, or policy directives issued by tiation impasses when voluntary arrange- available from the Executive Director, Office that Office in connection with any matter ments, including the services of the Federal of Compliance. before the Board, a copy of such request, and Mediation and Conciliation Service or any § 2471.3 Content of request. any response thereto, shall be served upon other third-party mediation, fail to resolve (a) A request from a party or parties to the the parties in the matter. the disputes. Board for consideration of an impasse must (b) The parties shall have fifteen (15) days Subpart B—Definitions from the date of service of a copy of the re- be in writing and include the following infor- § 2470.2 Definitions. mation: sponse of the Office of Personnel Manage- (a) The terms Executive Director, employ- ment to file with the Board comments on (1) Identification of the parties and indi- ing office, labor organization, and conditions viduals authorized to act on their behalf; that response which the parties wish the of employment as used herein shall have the Board to consider before reaching a decision (2) Statement of issues at impasse and the meaning set forth in Part 2421 of these rules. summary positions of the initiating party or in the matter. Such comments shall be in (b) The terms designated representative or writing and copies shall be served upon the parties with respect to those issues; and designee of the Board means a Board mem- (3) Number, length, and dates of negotia- other parties in the matter and upon the Of- ber, a staff member, or other individual des- fice of Personnel Management. tion and mediation sessions held, including ignated by the Board to act on its behalf. the nature and extent of all other voluntary § 2429.16 General remedial authority. (c) The term hearing means a factfinding arrangements utilized. The Board shall take any actions which hearing, arbitration hearing, or any other hearing procedure deemed necessary to ac- (b) A request for approval of a binding arbi- are necessary and appropriate to administer tration procedure must be in writing, jointly effectively the provisions of chapter 71 of complish the purposes of 5 U.S.C. 7119, as ap- plied by the CAA. filed by the parties, and include the fol- title 5 of the United States Code, as applied lowing information about the pending im- by the CAA. (d) The term impasse means that point in the negotiation of conditions of employment passe: § 2429.17 [Reserved] (1) Identification of the parties and indi- § 2429.18 [Reserved] at which the parties are unable to reach agreement, notwithstanding their efforts to viduals authorized to act on their behalf; Subpart B—General Requirements do so by direct negotiations and by the use (2) Brief description of the impasse includ- § 2429.21 [Reserved] of mediation or other voluntary arrange- ing the issues to be submitted to the arbi- § 2429.22 [Reserved] ments for settlement. trator; § 2429.23 Extension; waiver. (e) The term Board means the Board of Di- (3) Number, length, and dates of negotia- (a) Except as provided in paragraph (d) of rectors of the Office of Compliance. tion and mediation sessions held, including this section, the Board or General Counsel, (f) The term party means the agency or the the nature and extent of all other voluntary or their designated representatives, as appro- labor organization participating in the nego- arrangements utilized; priate, may extend any time limit provided tiation of conditions of employment. (4) Statement that the proposals to be sub- in this subchapter for good cause shown, and (g) The term voluntary arrangements mitted to the arbitrator contain no ques- shall notify the parties of any such exten- means any method adopted by the parties for tions concerning the duty to bargain; and sion. Requests for extensions of time shall be the purpose of assisting them in their resolu- (5) Statement of the arbitration procedures in writing and received by the appropriate tion of a negotiation dispute which is not in- to be used, including the type of arbitration, official not later than five (5) days before the consistent with the provisions of 5 U.S.C. the method of selecting the arbitrator, and established time limit for filing, shall state 7119, as applied by the CAA. the arrangement for paying for the pro- the position of the other parties on the re- PART 2471—PROCEDURES OF THE BOARD ceedings or, in the alternative, those provi- quest for extension, and shall be served on IN IMPASSE PROCEEDINGS sions of the parties’ labor agreement which the other parties. Sec. contain this information.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5089 § 2471.4 Where to file. vestigation, consulting when necessary with sider appropriate or necessary to resolve the Requests to the Board provided for in this the parties and with any mediation service impasse. part, and inquiries or correspondence on the utilized. After due consideration, the Board § 2471.10 Duties of each party following receipt status of impasses or other related matters, shall either approve or disapprove the re- of recommendations. should be addressed to the Executive Direc- quest; provided, however, that when the re- (a) Within thirty (30) calendar days after tor, Office of Compliance. quest is made pursuant to an agreed-upon receipt of a report containing recommenda- procedure for arbitration contained in an ap- § 2471.5 Copies and service. tions of the Board or its designated rep- plicable, previously negotiated agreement, resentative, each party shall, after confer- (a) Any party submitting a request for the Board may use an expedited procedure Board consideration of an impasse or a re- ring with the other, either: and promptly approve or disapprove the re- (1) Accept the recommendations and so no- quest for approval of a binding arbitration quest, normally within five (5) workdays. procedure shall file an original and one copy tify the Executive Director; or § 2471.7 Preliminary hearing procedures. with the Board and shall serve a copy of such (2) Reach a settlement of all unresolved request upon all counsel of record or other When the Board determines that a hearing issues and submit a written settlement designated representative(s) of parties, upon is necessary under § 2471.6, it will: statement to the Executive Director; or (3) Submit a written statement to the Ex- parties not so represented, and upon any me- (a) Appoint one or more of its designees to ecutive Director setting forth the reasons for diation service which may have been uti- conduct such hearing; and not accepting the recommendations and for lized. When the Board acts on a request from (b) issue and serve upon each of the parties not reaching a settlement of all unresolved the Federal Mediation and Conciliation a notice of hearing and a notice of pre- issues. Service or acts on a request from the Execu- hearing conference, if any. The notice will (b) A reasonable extension of time may be tive Director, it will notify the parties to the state: (1) The names of the parties to the dis- authorized by the Executive Director for dispute, their counsel of record or designated pute; (2) the date, time, place, type, and pur- good cause shown when requested in writing representatives, if any, and any mediation pose of the hearing; (3) the date, time, place, by either party prior to the expiration of the service which may have been utilized. A and purpose of the prehearing conference, if time limits. clean copy capable of being used as an origi- any; (4) the name of the designated rep- nal for purposes such as further reproduction resentatives appointed by the Board; (5) the § 2471.11 Final action by the Board. may be submitted for the original. Service issues to be resolved; and (6) the method, if (a) If the parties do not arrive at a settle- upon such counsel or representative shall any, by which the hearing shall be recorded. ment as a result of or during actions taken constitute service upon the party, but a copy § 2471.8 Conduct of hearing and prehearing under § 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and also shall be transmitted to the party. conference. 2471.10, the Board may take whatever action (b) Any party submitting a response to or (a) A designated representative of the is necessary and not inconsistent with 5 other document in connection with a request Board, when so appointed to conduct a hear- U.S.C. chapter 71, as applied by the CAA, to for Board consideration of an impasse or a ing, shall have the authority on behalf of the resolve the impasse, including but not lim- request for approval of a binding arbitration Board to: ited to, methods and procedures which the procedure shall file an original and one copy (1) Administer oaths, take the testimony Board considers appropriate, such as direct- with the Board and shall serve a copy of the or deposition of any person under oath, re- ing the parties to accept a factfinder’s rec- document upon all counsel of record or other ceive other evidence, and issue subpenas; ommendations, ordering binding arbitration designated representative(s) of parties, or (2) Conduct the hearing in open, or in conducted according to whatever procedure upon parties not so represented. A clean closed session at the discretion of the des- the Board deems suitable, and rendering a copy capable of being used as an original for ignated representative for good cause shown; binding decision. purposes such as further reproduction may (3) Rule on motions and requests for ap- (b) In preparation for taking such final ac- be submitted for the original. Service upon pearance of witnesses and the production of tion, the Board may hold hearings, admin- such counsel or representative shall con- records; ister oaths, and take the testimony or depo- stitute service upon the party, but a copy (4) Designate the date on which sition of any person under oath, or it may also shall be transmitted to the party. posthearing briefs, if any, shall be sub- appoint or designate one or more individuals (c) A signed and dated statement of service mitted; pursuant to 5 U.S.C. 7119(c)(4), as applied by shall accompany each document submitted (5) Determine all procedural matters con- the CAA, to exercise such authority on its to the Board. The statement of service shall cerning the hearing, including the length of behalf. include the names of the parties and persons sessions, conduct of persons in attendance, (c) When the exercise of authority under served, their addresses, the date of service, recesses, continuances, and adjournments; this section requires the holding of a hear- the nature of the document served, and the and take any other appropriate procedural ing, the procedure contained in § 2471.8 shall manner in which service was made. action which, in the judgment of the des- apply. (d) The date of service or date served shall ignated representative, will promote the pur- (d) Notice of any final action of the Board be the day when the matter served is depos- pose and objectives of the hearing. shall be promptly served upon the parties, ited in the U.S. mail or is delivered in per- (b) A prehearing conference may be con- and the action shall be binding on such par- son. ducted by the designated representative of ties during the term of the agreement, unless (e) Unless otherwise provided by the Board the Board in order to: they agree otherwise. or its designated representatives, any docu- (1) Inform the parties of the purpose of the 2471.12 Inconsistent labor agreement provi- ment or paper filed with the Board under hearing and the procedures under which it sions. these rules, together with any enclosure filed will take place; Any provisions of the parties’ labor agree- therewith, shall be submitted on 8 1/2″ x 11 (2) Explore the possibilities of obtaining ments relating to impasse resolution which inch size paper. stipulations of fact; are inconsistent with the provisions of either § 2471.6 Investigation of request; Board rec- (3) Clarify the positions of the parties with 5 U.S.C. 7119, as applied by the CAA, or the ommendation and assistance; approval of respect to the issues to be heard; and procedures of the Board shall be deemed to binding arbitration. (4) Discuss any other relevant matters be superseded. which will assist the parties in the resolu- (a) Upon receipt of a request for consider- f tion of the dispute. ation of an impasse, the Board or its des- ignee will promptly conduct an investiga- § 2471.9 Report and recommendations. UNITED STATES/UNITED KINGDOM tion, consulting when necessary with the (a) When a report is issued after a hearing AVIATION RELATIONS parties and with any mediation service uti- conducted pursuant to § 2471.7 and 2471.8, it Mr. PRESSLER. Madam President, I lized. After due consideration, the Board normally shall be in writing and, when au- rise today to express my great frustra- shall either: thorized by the Board, shall contain rec- tion with the current state of aviation (1) Decline to assert jurisdiction in the ommendations. relations between the United States event that it finds that no impasse exists or (b) A report of the designated representa- that there is other good cause for not assert- tive containing recommendations shall be and the United Kingdom. ing jurisdiction, in whole or in part, and so submitted to the parties, with two (2) copies At a great cost to the United States advise the parties in writing, stating its rea- to the Executive Director, within a period economy, the highly restrictive United sons; or normally not to exceed thirty (30) calendar States/United Kingdom bilateral avia- (2) Recommend to the parties procedures, days after receipt of the transcript or briefs, tion agreement continues to be an including but not limited to arbitration, for if any. enormous barrier to free and fair trade the resolution of the impasse and/or assist (c) A report of the designated representa- between our countries. It is a barrier them in resolving the impasse through what- tive not containing recommendations shall British negotiators have carefully ever methods and procedures the Board con- be submitted to the Board with a copy to siders appropriate. each party within a period normally not to crafted over the years that, as in- (b) Upon receipt of a request for approval exceed thirty (30) calendar days after receipt tended, quite effectively limits com- of a binding arbitration procedure, the Board of the transcript or briefs, if any. The Board petition in the United States/United or its designee will promptly conduct an in- shall then take whatever action it may con- Kingdom air service market. Simply

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5090 CONGRESSIONAL RECORD — SENATE May 15, 1996 put, it is an agreement which artifi- this serious trade issue. They have long FOREIGN OIL CONSUMED BY THE cially manages air service trade in a blamed a lack of reciprocal investment UNITED STATES HERE’S THE way that significantly benefits British opportunities in the voting stock of WEEKLY BOX SCORE carriers. U.S. carriers as a stumbling block to Mr. HELMS. Madam President, the For U.S. passenger carriers serving progress in our air service relationship. American Petroleum Institute reports the transatlantic air service market, Finding some merit in that concern, I that for the week ending May 10, the these are both the best of times and offered to introduce legislation to ad- United States imported 8,623,000 barrels the worst of times. On the bright side, dress it and help clear the way for fur- of foreign oil each day, 1,411,000 barrels the historic open skies agreement the ther liberalization of our aviation rela- more than the 7,212,000 barrels im- United States recently signed with the tionship. The British Government’s re- ported during the same week a year Federal Republic of Germany, com- action, however, calls into question ago. bined with existing open skies agree- whether reciprocal foreign investment This means that Americans now rely ments with other European countries, opportunities ever were the concern on foreign oil for 57 percent of their means that nearly half of all pas- the British have long played them up needs, and there are no signs that this sengers traveling between the United to be. upward spiral will abate. Before the States and Europe will be flying to or To underscore that skepticism, I no- Persian gulf war, the United States ob- from European countries with open ticed in recent months British carriers tained about 45 percent of its oil supply skies regimes. That truly is a remark- have now moved onto criticizing from foreign countries. During the able statistic and great news for con- United States policy on the grounds of Arab oil embargo in the 1970’s, foreign sumers. additional wish list rights such as cab- oil accounted for only 35 percent of Our aviation relations with the Brit- otage and direct participation in the America’s oil supply. ish, however, stand in disturbingly Fly America Program. Anybody interested in restoring do- stark contrast. Although the British Madam President, it has become even mestic production of oil? Politicians Government extols the virtues of more apparent in recent months that had better ponder the economic calam- transatlantic free trade, its words ring British aviation policy is not driven by ity certain to occur in America if and hollow with respect to the United the goal of expanding rights for its car- when foreign producers shut off our oil States/United Kingdom air service riers and moving forward in our avia- supply—or double the already enor- market. United States carriers have tion relationship. Instead, the over- mous cost of imported oil flowing into proven themselves to be highly com- arching goal of that policy seems to be the United States—now 8,623,000 barrels petitive in every international market nothing less than continuing to protect a day. they serve yet, all United States pas- British carriers from vigorous competi- senger carriers combined have a small- tion with United States carriers. f er share of the United States/United In particular, the British Govern- RICHARD M. SCRUSHY AND THE Kingdom air service market than just ment wants to keep in place the cur- SPORTS MEDICINE COUNCIL one British carrier, British Airways. rent system which blocks United Overall, two British carriers currently States carriers from serving London’s Mr. HEFLIN. Madam President, last control nearly 50 percent more of the most popular airport, Heathrow, from week, one of Alabama’s outstanding passenger traffic in that market than most major passenger feed hubs in the citizens and great success stories came United States carriers. As I have said United States. After all, under the cur- to Washington in his effort to give before, I do not believe market forces rent managed competition agreement, something back to his country. Rich- are responsible for this imbalance. the British have totally blocked United ard Scrushy is founder, chairman, and What adverse impacts does the high- States passenger feed to Heathrow CEO of Healthsouth Corp., the Nation’s ly restrictive United States/United from major United States hub airports largest provider of medical rehabilita- Kingdom bilateral aviation agreement including those located in Atlanta, tion and sports medicine. He is also have on the United States economy? Cincinnati, Dallas, Denver, Detroit, founder of the Healthsouth Sports Med- First, each year our economy is losing Houston, Minneapolis, Newark and St. icine Council, a nonprofit organization hundreds of millions of dollars of ex- Louis. No wonder United States car- whose goal is to educate young ath- port revenue United States carriers riers do not use larger aircraft as the letes and help them become cham- might otherwise capture if the United British often chide. pions—not only in sports, but in every- States/United Kingdom air service Mr. President, let me conclude by day life. market truly was competitive. Second, saying I hope the British Government The Sports Medicine Council is made it is costing Americans new jobs which will decide to get in step with the rest up of top professional athletes and the otherwise might be created if United of Europe by finally agreeing to take Nation’s leading sports medicine physi- States carriers could expand their serv- meaningful steps to liberalize the cians and orthopaedic surgeons. The ices to the United Kingdom. Finally, United States/United Kingdom bilat- group unites sports celebrities who consumer choice is badly restricted and eral aviation agreement. The time for know the importance of good attitude, consumers are denied the most com- such liberalization is long past due. team spirit, and competitiveness, with petitive air fares. Let me also add that I for one believe physicians who have studied how the Several months ago I announced an there will come a time when the Brit- human body works, how to make it initiative I hoped might jump start ish truly want some significant avia- strong, and how to keep it well. Under stalled air service negotiations with tion rights or regulatory relief from Richard Scrushy’s direction, this group the British and remedy these adverse the United States. When that time has crafted a program and message economic impacts. Regrettably, the comes, I fully expect the administra- that ultimately will reach hundreds of British spurned that attempt and other tion will use that leverage to the full- thousands of school children between good faith efforts by the administra- est extent possible and demand a very the ages of 8 and 18 in cities across the tion to restart talks. For that reason, I high price. United States. It will teach kids the have decided to delay indefinitely my f importance of receiving an education, plans to introduce legislation increas- staying away from drugs, and prac- ing the permissible level of foreign THE VERY BAD DEBT BOXSCORE ticing good sportsmanship on and off ownership in the voting stock of U.S. Mr. HELMS. Mr. President, the Fed- the field. carriers to 49 percent. That legislation eral Government is running on bor- Last week in Washington, the Sports was the cornerstone of my initiative. If rowed money—more than $5 trillion of Medicine Council’s message reached the British exhibit a genuine willing- it. As of the close of business yester- nearly 14,000 kids through a series of ness to seriously address our air serv- day, May 14, 1996, the Federal debt field trips to Sports Medicine Council ice concerns, I will reconsider my deci- stood at $5,096,217,391,261.73. On a per shows. They were hosted by such sports sion. capita basis, every man, woman, and figures as Bo Jackson, Herschel Walk- Quite frankly, I am frustrated with child in America owes $19,242.02 as his er, Kristi Yamaguchi, Cory Everson, the British intransigence in addressing or her share of the Federal debt. and Lex Luger. The shows combined

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5091 high-technology, interactive entertain- sense of responsibility to family and reconstruction of the Federal and ment with the council’s message and a community, their own family, the fam- State juvenile justice systems is need- hands-on opportunity for kids to meet ily of brother and sister law enforce- ed to ensure that violent and hardcore their sports heroes and play on a team ment officers, and the larger commu- criminals, old and young, are identi- with them. nity of the Commonwealth. I want to fied, punished, and deterred. We also In a time when many of America’s pay tribute to the Gaines family and to need to ensure that our fallen heroes, youth are in urgent need of positive the work they do as police officers and such as Deputy Sheriff Kevin Mayse, role models and encouragement, Rich- as parents. are not forgotten. ard Scrushy’s Sports Medicine Council f f is a wonderful idea and most welcome enterprise. It represents one of the TRIBUTE TO MISSOURI DEPUTY MESSAGES FROM THE PRESIDENT ways in which private individuals and KEVIN M. MAYSE AND OTHER Messages from the President of the good corporate citizens can make a dif- LAW ENFORCEMENT OFFICERS United States were communicated to ference through their own initiatives. KILLED IN 1995 the Senate by Mr. Thomas, one of his In this way, Richard Scrushy serves as Mr. ASHCROFT. Madam President, I secretaries. a role model for all corporate CEO’s. rise today to honor the heroic service EXECUTIVE MESSAGES REFERRED Richard is truly one of the great of our Nation’s law enforcement offi- As in executive session the Presiding American success stories. He is a self- cers, especially those who have paid Officer laid before the Senate messages made man who has never forgotten his the ultimate price in the line of duty. from the President of the United roots. Part of his vision is to give back Facing increasingly organized and vio- States submitting sundry nominations to his community. In the 12 years since lent criminals, these brave men and which were referred to the Committee the founding of Healthsouth Corp., he women constitute the first line of de- on the Judiciary. has led the company to employ over fense against those who threaten soci- (The nominations received today are 33,000 people in over 900 locations ety. We should be thankful that they printed at the end of the Senate pro- across the United States. Healthsouth do not shrink from this challenge. In ceedings.) is an employer of over 3,000 people in the quest for law and order, 161 of our f Nation’s finest citizens made the su- Alabama alone. The company’s reve- REPORT ENTITLED ‘‘SCIENCE AND preme sacrifice in 1995, laying down nues recently rose above the $2 billion ENGINEERING INDICATOR—1996’’— their lives so that the rest of us may mark. Not only has Richard Scrushy MESSAGE FROM THE PRESI- enjoy peace and prosperity. It is to been a good citizen, he has been a great DENT—PM 145 asset to the State of Alabama. honor their memory that today is pro- He has received such awards and hon- claimed National Peace Officers Memo- The PRESIDING OFFICER laid be- ors as the 1994 Arthritis Foundation rial Day. fore the Senate the following message Humanitarian of the Year Award. He I wish to honor in particular a brave, from the President of the United was named National Honorary Chair- young Missourian. Cass County Deputy States, together with an accompanying man of Multiple Sclerosis for the Na- Sheriff Kevin M. Mayse died on June report; which was referred to the Com- tional Multiple Sclerosis Society. He 13, 1995, from injuries sustained while mittee on Commerce, Science, and has worked as a fundraiser for such preserving and enhancing the quality Transportation: charities as United Cerebral Palsy, the of life enjoyed by his fellow Missou- To the Congress of the United States: Ronald McDonald House, and the rians in Cass County. Deputy Mayse As required by 42 U.S.C. 1863(j)(1), I American Cancer Society. left behind a widow, Scottie Sue, and am pleased to submit to the Congress a As a modern-day, ‘‘renaissance man,’’ four children, including his youngest report of the National Science Board Richard is an accomplished musician daughter whom he never had the joy to entitled Science and Engineering Indica- and also a commercial multiengine in- meet since she was born a month after tors—1996. This report represents the strument pilot. Kevin’s death. twelfth in a series examining key as- I congratulate Richard Scrushy on As we honor those who have fallen pects of the status of American science his tremendous success and on the while protecting others, we should also and engineering in a global environ- rapid growth and contributions of the honor those such as Scottie Sue and ment. Healthsouth Sports Medicine Council. her children who have paid a very high The science and technology enter- His is a tremendous example for others price for our protection as well. In his prise is a source of discovery and inspi- in the business community to emulate. autobiography, Benjamin Franklin ration and is key to the future of our f wrote: ‘‘The most acceptable service of Nation. The United States must sus- God is doing good to man.’’ The Bible THE GAINES FAMILY tain world leadership in science, math- says that there is no greater love than ematics, and engineering if we are to Mr. KERRY. Madam President, as we ‘‘when one lays down his life for his meet the challenges of today and to- observe National Police Week, I want friends.’’ I can think of no greater serv- morrow. to pay a special tribute to one police ice to his fellow man than that given I commend Science and Engineering family in Massachusetts. For the third by Deputy Sheriff Mayse. Indicators—1996 to the attention of the year in a row, a group of 46 officers and Three Missouri peace officers who Congress and those in the scientific friends from Massachusetts rode the died before 1995 have also been added to and technology communities. 600 miles to Washington on their bicy- the National Law Enforcement Officers WILLIAM J. CLINTON. cles to attend ceremonies at the Na- Memorial. Officers George M. THE WHITE HOUSE, May 15, 1996. tional Law Enforcement Officers Me- McCready of Richmond Heights, Max f morial to honor those who have fallen W. Smith of Moniteau County, and in the line of duty. Among that group George Adams of St. Louis County also MESSAGE FROM THE HOUSE is Officer Paul Gaines and his three gave their lives in defense of their fel- RECEIVED DURING ADJOURNMENT sons, Kevin, 10 years old; Stephen, 12; low citizens. Under the authority of the order of and Shawn, 14. Back at home, and As we honor those lawmen slain in the Senate of January 4, 1995, the Sec- missing her sons on Mother’s Day is the line of duty, let us not forget those retary of the Senate, on May 14, 1996, Sgt. Gladys Gaines, head of the Boston who carry on as guardians of our peace. during the adjournment of the Senate, Police Department’s domestic violence We must protect them in turn by pro- received a message from the House of unit. viding them with the tools and the Representatives announcing that the This remarkable family is an inspira- laws necessary to wage the war against House agrees to the amendment of the tion to all of us. While dysfunctional the ever-changing face of crime. Today, Senate to the bill (H.R. 1743) to amend families who raise troubled children violent juvenile crime is growing at a the Water Resources Research Act of make the news, Paul and Gladys phenomenal rate, yet our juvenile jus- 1984 to extend the authorizations of ap- Gaines have obviously imparted to tice system is ill-prepared to cope with propriations through fiscal year 2000, their children high moral values and a its dramatic rise or its brutality. Major and for other purposes.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5092 CONGRESSIONAL RECORD — SENATE May 15, 1996 The message also announced that the H.R. 3058. An act to amend the Uniformed EC–2608. A communication from the Sec- House agrees to the amendment of the and Overseas Citizens Absentee Voting Act retary of the U.S. Securities and Exchange Senate to the bill (H.R. 1836) to author- to extend the period for receipt of absentee Commission, transmitting, pursuant to law, ize the Secretary of the Interior to ac- ballots, and for other purposes; to the Com- the report of a rule (RIN3235–AG51) received mittee on Rules and Administration. on May 7, 1996; to the Committee on Bank- quire property in the town of East ing, Housing, and Urban Affairs. Hampton, Suffolk County, NY, for in- Hon. STROM THURMOND, EC–2609. A communication from the Sec- clusion in the Amagansett National President pro tempore, U.S. Senate, Wash- retary of the U.S. Securities and Exchange Wildlife Refuge. ington, DC. Commission, transmitting, pursuant to law, the report of a rule (RIN3235–AG67) received f DEAR MR. PRESIDENT: It is my under- standing that S. 1745, the National Defense on May 9, 1996; to the Committee on Bank- MESSAGES FROM THE HOUSE Authorization Act for Fiscal Year 1997, con- ing, Housing, and Urban Affairs. tains provisions affecting intelligence activi- EC–2610. A communication from the Sec- ENROLLED BILLS SIGNED retary of the U.S. Securities and Exchange At 10:50 a.m., a message from the ties and programs. As you know, these are issues of significant interest to, and clearly Commission, transmitting, pursuant to law, House of Representatives, delivered by within the jurisdiction of, the Select Com- the report of a rule on the electronic deliv- Ms. Goetz, one of its reading clerks, an- mittee on Intelligence. Therefore, pursuant ery interpretive release received on May 9, nounced that the Speaker has signed to Senate Resolution 400, Mr. Kerrey and I 1996; to the Committee on Banking, Housing, hereby request that S. 1745 be referred to our and Urban Affairs. the following enrolled bills: EC–2611. A communication from the Comp- Committee for consideration. H.R. 1743. An act to amend the Water Re- troller of the Currency, transmitting, pursu- Sincerely, sources Research Act of 1984 to extend the ant to law, the report on enforcement ac- ARLEN SPECTER, authorizations of appropriations through fis- tions for calendar year 1995; to the Com- cal year 2000, and for other purposes. Chairman. mittee on Banking, Housing, and Urban Af- H.R. 1836. An act to authorize the Sec- J. ROBERT KERREY, fairs. retary of the Interior to acquire property in Vice Chairman. EC–2612. A communication from the Assist- the town of East Hampton, Suffolk County, ant to the Board of Governors of the Federal NY, for inclusion in the Amagansett Na- S. 1745. A bill to authorize appropriations Reserve System, transmitting, pursuant to tional Wildlife Refuge. for fiscal year 1997 for military activities of law, the report of a rule (docket #R–0772) re- the Department of Defense, for military con- The enrolled bills were signed subse- ceived on May 6, 1996; to the Committee on struction, and for defense activities of the Banking, Housing, and Urban Affairs. quently by the President pro tempore Department of Energy, to prescribe per- EC–2613. A communication from the Assist- [Mr. THURMOND]. sonnel strengths for such fiscal year for the ant to the Board of Governors of the Federal The message also announced that the Armed Forces, and for other purposes; Re- Reserve System, transmitting, pursuant to House has passed the following bills, in ferred to the Select Committee on Intel- law, the report of a rule (docket #R–0822) re- which it requests the concurrence of ligence for a period not to exceed 30 days of ceived on May 6, 1996; to the Committee on the Senate: session, pursuant to section 3(b) of Senate Banking, Housing, and Urban Affairs. Resolution 400 of the 94th Congress to report EC–2614. A communication from the Assist- H.R. 1129. An act to amend the National or be discharged. ant to the Board of Governors of the Federal Trails Systems Act to designate the route Reserve System, transmitting, pursuant to from Selma to Montgomery as a National f law, the report of a rule (docket #R–0902) re- Historic Trail. EXECUTIVE AND OTHER ceived on May 6, 1996; to the Committee on H.R. 2066. An act to amend the National COMMUNICATIONS Banking, Housing, and Urban Affairs. School Lunch Act to provide greater flexi- EC–2615. A communication from the Assist- bility to schools to meet the Dietary Guide- The following communications were ant to the Board of Governors of the Federal lines for Americans under the school lunch laid before the Senate, together with Reserve System, transmitting, pursuant to and school breakfast programs. accompanying papers, reports, and doc- law, the report of a rule (docket #R–0911) re- H.R. 2464. An act to amend Public Law 103– uments, which were referred as indi- ceived on May 6, 1996; to the Committee on 93 to provide additional lands within the cated: Banking, Housing, and Urban Affairs. State of Utah for the Goshute Indian Res- EC–2616. A communication from the Assist- ervation, and for other purposes. EC–2602. A communication from the Dep- uty Secretary of Defense, transmitting, pur- ant to the Board of Governors of the Federal H.R. 2967. An act to extend the authoriza- Reserve System, transmitting, pursuant to tion of the Uranium Mill Tailings Radiation suant to law, the report on assistance to Red Cross for Emergency Communications Serv- law, the report of a rule (docket #R–0878) re- Control Act of 1978, and for other purposes. ceived on May 9, 1996; to the Committee on H.R. 2982. An act to direct the Secretary of ices for Members of the Armed Forces and their families; to the Committee on Armed Banking, Housing, and Urban Affairs. the Interior to convey the Carbon Hill Na- EC–2617. A communication from the Chair- Services. tional Fish Hatchery to the State of Ala- man of the Board of Governors of the Federal EC–2603. A communication from the Sec- bama. Reserve System, transmitting, pursuant to retary of Defense, transmitting, pursuant to H.R. 3058. An act to amend the Uniformed law, the annual report for calendar year 1995; law, a notice relative to the multiyear con- and Overseas Citizens Absentee Voting Act to the Committee on Banking, Housing, and tract of the Longbow Apache program; to the to extend the period for receipt of absentee Urban Affairs. ballots, and for other purposes. Committee on the Armed Services. EC–2618. A communication from the Under EC–2604. A communication from the Assist- f Secretary of Defense (Acquisition and Tech- ant Secretary of State (Legislative Affairs), nology), transmitting, pursuant to law, a re- MEASURES REFERRED transmitting, pursuant to law, a description port relative to the Standard Missile 2 block of the property to be transferred to the Re- The following bills were read the first IV major defense acquisition program; to the public of Panama in accordance with the Committee on Armed Services. and second times by unanimous con- Panama Canal Treaty of 1977 and its related sent and referred as indicated: EC–2619. A communication from the Direc- agreements; to the Committee on Armed tor of Defense Procurement (Acquisition and H.R. 1129. An act to amend the National Services. Technology), Office of the Under Secretary Trails Systems Act to designate the route EC–2605. A communication from the Assist- of Defense, transmitting, pursuant to law, from Selma to Montgomery as a National ant Secretary of State (Legislative Affairs), the report of an interim rule under the De- Historic Trail; to the Committee on Environ- transmitting, pursuant to law, the annual re- fense Federal Acquisition Regulation Sup- ment and Public Works. port on the Panama Canal Treaty for fiscal plement Case 96–D303 received on May 9, 1996; H.R. 2464. An act to amend Public Law 103– year 1995; to the Committee on Armed Serv- to the Committee on Armed Services. 93 to provide additional lands within the ices. EC–2620. A communication from the Acting State of Utah for the Goshute Indian Res- EC–2606. A communication from the Presi- General Counsel of the Department of De- ervation, and for other purposes; to the Com- dent and Chairman of the Export-Import fense, transmitting, a draft of proposed legis- mittee on Indian Affairs. Bank, transmitting, pursuant to law, a state- lation entitled ‘‘The National Imagery and H.R. 2967. An act to extend the authoriza- ment regarding a transaction involving U.S. Mapping Agency Act of 1996’’; to the Com- tion of the Uranium Mill Tailings Radiation exports to People’s Republic of China (PRC); mittee on Armed Services. Control Act of 1978, and for other purposes; to the Committee on Banking, Housing, and EC–2621. A communication from the Gen- to the Committee on Energy and Natural Re- Urban Affairs. eral Counsel of the Department of Defense, sources. EC–2607. A communication from the Sec- transmitting, a draft of proposed legislation H.R. 2982. An act to direct the Secretary of retary of the U.S. Securities and Exchange entitled ‘‘The Department of Defense Civil- the Interior to convey the Carbon Hill Na- Commission, transmitting, pursuant to law, ian Intelligence Personnel Reform Act’’; to tional Fish Hatchery to the State of Ala- the report of a rule (RIN3235–AG48) received the Committee on Armed Services. bama; to the Committee on Environment on May 7, 1996; to the Committee on Bank- EC–2622. A communication from the Direc- and Public Works. ing, Housing, and Urban Affairs. tor of the Office of Management and Budget,

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5093 Executive Office of the President, transmit- priations for U.S. International Trade Com- to the Committee on Agriculture, Nutrition, ting, pursuant to law, a report on direct mission for fiscal year 1998; to the Com- and Forestry. spending or receipts legislation within five mittee on Finance. By Ms. MIKULSKI (for herself and Mr. days of enactment; to the Committee on the EC–2635. A communication from the Sec- SARBANES): Budget. retary of the Senate, transmitting, pursuant S. 1759. A bill to amend title 5, United EC–2623. A communication from the Dep- to law, the report of the receipts and expend- States Code, to require that written notice uty Associate Director for Compliance, Roy- itures of the Senate for the period October 1 be furnished by the Office of Personnel Man- alty Management Program, Minerals Man- to March 31, 1996; order to lie on the table. agement before making any substantial agement Service, Department of the Inte- change in the health benefits program for f rior, transmitting, pursuant to law, the re- Federal employees; to the Committee on port of the notice to make refunds of off- REPORTS OF COMMITTEES Governmental Affairs. shore lease revenues where a refund or By Ms. SNOWE (for herself, Mr. DOLE, recoupment is appropriate; to the Com- The following reports of committees Mr. BRADLEY, Mr. ROCKEFELLER, Mr. mittee on Energy and Natural Resources. were submitted: SIMPSON, Mr. KERRY, and Mrs. FEIN- EC–2624. A communication from the Sec- By Mr. HATCH, from the Committee on STEIN): retary of Agriculture, transmitting, pursu- the Judiciary, with an amendment in the na- S. 1760. A bill to amend part D of title IV ant to law, notice of the intention to award ture of a substitute: of the Social Security Act to improve child specific watershed restoration contracts on S. 1090. A bill to amend section 552 of title support enforcement services, and for other National Forest System lands; to the Com- 5, United States Code (commonly known as purposes; to the Committee on Finance. mittee on Energy and Natural Resources. the Freedom of Information Act), to provide By Mr. LAUTENBERG (for himself and EC–2625. A communication from the Chief for public access to information in an elec- Mr. BUMPERS): of the Forest Service, Department of Agri- tronic format, and for other purposes (Rept. S. 1761. A bill to eliminate taxpayer sub- culture, transmitting, pursuant to law, the No. 104–272). sidies for recreational shooting programs, report of an interim final rule entitled ‘‘Dis- By Mr. MURKOWSKI, from the Committee and to prevent the transfer of federally- posal of National Forest System Timber’’ on Energy and Natural Resources, with an owned weapons, ammunition, funds, and (RIN0596–AB58) received on May 6, 1996; to amendment in the nature of a substitute: other property to a private Corporation for the Committee on Energy and Natural Re- S. 1605. A bill to amend the Energy Policy the Promotion of Rifle Practice and Fire- sources. and Conservation Act to manage the Stra- mans Safety; to the Committee on Armed EC–2626. A communication from the Chair- tegic Petroleum Reserve more effectively Services. man of the U.S. Nuclear Regulatory Commis- and for other purposes (Rept. No. 104–273). By Mr. PELL: sion, transmitting, pursuant to law, the re- S.J. Res. 55. A joint resolution proposing f port on the nondisclosure of safeguards in- an amendment to the Constitution of the formation for the January 1 through March EXECUTIVE REPORTS OF United States relative to the commencement 31, 1996; to the Committee on Environment COMMITTEES of the terms of office of the President, Vice and Public Works. President, and Members of Congress; to the EC–2627. A communication from the Ad- The following executive reports of Committee on the Judiciary. ministrator of the U.S. Environmental Pro- committees were submitted: tection Agency, transmitting, pursuant to f By Mr. THURMOND, from the Committee law, the report of the liner study; to the on Armed Services: SUBMISSION OF CONCURRENT AND Committee on Environment and Public The following U.S. Army National Guard SENATE RESOLUTIONS Works. EC–2628. A communication from the Assist- officers for promotion in the Reserve of the The following concurrent resolutions ant Secretary of the Army (Civil Works), Army to the grades indicated under title 10, United States Code sections 3385, 3392 and and Senate resolutions were read, and transmitting, a draft of proposed legislation referred (or acted upon), as indicated: entitled ‘‘The Water Resources Development 12203(a): By Mr. D’AMATO: Act of 1996’’; to the Committee on Environ- To be major general S. Con. Res. 58. A concurrent resolution ex- ment and Public Works. Brig. Gen. Jerome J. Berard, 000–00–0000. pressing the intent of Congress with respect EC–2629. A communication from the Direc- Brig. Gen. James W. Emerson, 000–00–0000. to the collection of fees or other payments tor of the Office of Regulatory Management Brig. Gen. Rodney R. Hannula, 000–00–0000. from the allocation of toll-free telephone and Information, transmitting, pursuant to Brig. Gen. James W. MacVay, 000–00–0000. numbers; to the Committee on Commerce, law, the report of four rules (FRL–5502–5, Brig. Gen. James D. Polk, 000–00–0000. Science, and Transportation. FRL–5502–1, FRL–5500–7, FRL–5468–7) relative To be brigadier general to reduced certification reporting require- f ments for new nonroad engines received on Col. Earl L. Adams, 000–00–0000. May 6, 1996; to the Committee on Environ- Col. H. Steven Blum, 000–00–0000. STATEMENTS ON INTRODUCED ment and Public Works. Col. Harry B. Burchstead, Jr., 000–00–0000. BILLS AND JOINT RESOLUTIONS Col. Larry K. Eckles, 000–00–0000. EC–2630. A communication from the Direc- By Mr. PRESSLER: tor of the Office of Regulatory Management Col. William L. Freeman, 000–00–0000. Col. Gus L. Hargett, Jr., 000–00–0000. S. 1758. A bill to amend the Packers and Information, transmitting, pursuant to and Stockyards Act, 1921, to improve law, the report of four rules (FRL–5461–6, Col. Allen R. Leppink, 000–00–0000. FRL–5503–6, FRL–5503–7, FRL–5503–3) relative Col. Jacob Lestenkof, 000–00–0000. the administration of the act, and for to hazardous air pollutants received on May Col. Joseph T. Murphy, 000–00–0000. other purposes; to the Committee on 7, 1996; to the Committee on Environment Col. Larry G. Powell, 000–00–0000. Agriculture, Nutrition, and Forestry. Col. Roger C. Schultz, 000–00–0000. and Public Works. THE PACKERS AND STOCKYARDS IMPROVEMENT Col. Michael L. Seely, 000–00–0000. EC–2631. A communication from Chief ACT OF 1996 Col. Larry W. Shellito, 000–00–0000. (Regulations Unit), Internal Revenue Serv- Mr. PRESSLER. Mr. President, I am ice, Department of the Treasury, transmit- Col. Gary G. Simmons, 000–00–0000. ting, pursuant to law, the report of revenue Col. Nicholas P. Sipe, 000–00–0000. introducing legislation today that rep- ruling 96–25 received on May 7, 1996; to the Col. George S. Walker, 000–00–0000. resents the first of several steps I am Committee on Finance. Col. Larry Ware, 000–00–0000. taking to get action on problems facing EC–2632. A communication from the Chief Col. Jackie D. Wood, 000–00–0000. our domestic cattle industry. For the (Regulations Unit), Internal Revenue Serv- (The above nominations were re- past year, I have been pressing the ice, Department of the Treasury, transmit- ported with the recommendation that Clinton administration to address ting, pursuant to law, the report of a rule they be confirmed.) meatpacker concentration and utilize relative to the computation of combined tax- existing antitrust laws to make sure able income under the profit split method re- f ceived on May 9, 1996; to the Committee on that cattle are sold in an open and Finance. INTRODUCTION OF BILLS AND competitive market. We have seen EC–2633. A communication from the Chief JOINT RESOLUTIONS some action on the part of the adminis- (Regulations Unit), Internal Revenue Serv- The following bills and joint resolu- tration to solve this problem. Frankly, ice, Department of the Treasury, transmit- tions were introduced, read the first its proposals offer nothing new. My bill ting, pursuant to law, the report of final reg- and second time by unanimous con- is a necessary first step to pry open the ulations on qualified cost sharing arrange- market. ments; to the Committee on Finance. sent, and referred as indicated: EC–2634. A communication from the Chair- By Mr. PRESSLER: Another step in the process is to get man of the U.S. International Trade Com- S. 1758. A bill to amend the Packers and the Senate more engaged on the issue. mission, transmitting, a draft of proposed Stockyards Act, 1921, to improve the admin- As part of that effort, the Senate Com- legislation to provide authorization of appro- istration of the Act, and for other purposes; mittee on Agriculture, Nutrition and

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5094 CONGRESSIONAL RECORD — SENATE May 15, 1996 Forestry, and the Senate Committee THE FEDERAL HEALTH BENEFIT CHANGE As my colleagues know, retirees have on Commerce, Science and Transpor- ACCOUNTABILITY ACT OF 1996 special health needs that are different tation will hold a series of hearings on ∑Ms. MIKULSKI. Mr. President, I am from the majority of younger Federal this subject next month. Cattle pro- introducing today, along with my col- employees. They frequently take more ducers are facing the worst economic league from Maryland, Senator SAR- than one medication at a time, and times in recent memory. The President BANES, the Federal Health Benefit they have complicated medical his- has the authority to order immediate Change Accountability Act. This bill is tories. Justice Department action. Antitrust also being introduced in the House of They also need the personal drug laws should be enforced now. Representatives by Congressman BEN education and counseling that local I have been saying that for months, CARDIN. Our legislation will ensure pharmacy is able to provide. When they but my words have fallen on deaf ears. that Congress has an opportunity to re- don’t get this education and coun- Only by taking action to enforce anti- spond to any proposed reductions in re- seling, studies show they end up in the trust laws already on the books can we tired Federal employee health benefits. hospital because of noncompliance ensure the long-term economic viabil- I want to save lives, save jobs, and with their drug directions. ity of the U.S. cattle industry. save money. The 1996 prescription plan Community pharmacy is the last South Dakota ranchers know that for Federal retirees that Blue Cross/ health care professional a retiree will any real solution to beef prices must Blue Shield negotiated with the Office see before taking that prescription. We include antitrust action. It took only a of Personnel Management [OPM] is need to think very seriously about few days and a 14 percent increase in jeopardizing jobs, and in some cases what that means and what the con- the price of gasoline for the President may be jeopardizing lives. I want this sequences are to retirees. Unfortu- to ask the Justice Department to es- policy changed for 1997, and I want to nately, OPM did not put enough tablish a five-person task force to in- make sure that Congress is well in- thought into these consequences when vestigate possible antitrust violations. formed of any future changes in health the Blue Cross/Blue Shield plan was ap- The facts are these: first, cattle prices benefits. proved. are at their lowest levels in years; sec- Our bill will protect retired federal The very people who are unable to ond, only a handful of the top packers employees from the type of attacks on pay the 20-percent copayment because control nearly 85 percent the market; their earned health benefits that we they are on fixed incomes and are and third, retail prices do not reflect are seeing with this plan. The bill forced to use mail order, are the people the dramatically reduced price paid for would require a new reporting process who are most likely to need the face to cattle. Something is not right. at OPM. OPM would have to provide an face counseling and drug education The bill I am introducing accom- annual report to Congress that would that they cannot get at mail order plishes three things that South Dakota describe any significant changes in pharmacy. cattlemen have told me must be done. Federal retiree health benefits. The re- That’s why we need a drug benefit First, the bill would establish a live- port would explain how proposed that achieves fiscal discipline but that stock dealer trust. This would protect changes would affect retirees—both fi- allows retirees choice in their phar- sellers from any losses when cattle are nancially and in quality of care. The macy care. Otherwise we end up treat- sold on commission to a dealer or mar- report would also explain what cost ing prescriptions like a commodity. We ket agency that goes bankrupt. This savings OPM expected to achieve. Con- end up managing the benefit instead of was part of the Senate-passed farm bill, gress would have time to react if there managing the patient. but was not in the final version that were concerns with the changes. Federal retirees have served us hon- was signed into law. Second, the bill This legislation is necessary because orably and we must value them. We would require the Packers and Stock- of the terrible situation our Federal re- don’t value them with words, we do it yards Administration to include for- tirees find themselves in today with with actions. They earned and deserve mula-priced cattle in the definition of their Blue Cross/Blue Shield prescrip- retirement security and health secu- captive supplies. During the Senate tion benefits. Retirees in this prescrip- rity, and I want to see this government Commerce Committee hearing I held tion plan have a new 20-percent copay- last year in Huron, SD, producers made honor the promises that were made to ment at their neighborhood phar- it loud and clear that this needed to be them when they signed up for service. macies. This is forcing retirees out of The legislation we are introducing done. Finally, the bill would require neighborhood pharmacy and away from today will help ensure that the promise the Secretary of Agriculture to make the pharmacists they know and trust. timely reports on the numbers of live- of quality health care is not bargained They are forced to use mail order for away by the Office of Personnel Man- stock and livestock products that are ∑ exported and imported, and also re- most of their prescription needs, where agement in the future. there is no copayment, and where their quire the reporting of prices paid for By Ms. SNOWE (for herself, Mr. livestock. care consists of an 800 number and a DOLE, Mr. BRADLEY, Mr. ROCKE- The Senate needs to carefully review mail box. FELLER, Mr. SIMPSON, Mr. this bill and other issues confronting I’ve been meeting with Federal re- tiree groups and with pharmacy KERRY, and Mrs. FEINSTEIN): the U.S. cattle industry. Packer con- S. 1760. A bill to amend part D of centration, price manipulation, pos- groups, and what I’m hearing about title IV of the Social Security Act to sible price fixing and captive supply all this plan has disturbed me greatly. improve child support enforcement must be looked at and a definite course I’m hearing about elderly retirees services, and for other purposes; to the of action implemented. The introduc- who are confused about how and when Committee on Finance. tion of this bill today is the first step to use mail order. in this process. I’m hearing about local pharmacies THE CHILD SUPPORT IMPROVEMENT ACT OF 1996 We need to keep in mind that old that are losing as much as 30 percent of ∑ Ms. SNOWE. Mr. President, I am saying ‘‘if it ain’t broke, don’t fix it.’’ their business and that are going to pleased to introduce the Child Support Well the U.S. cattle industry is broke have to lay off employees. I’m hearing Improvement Act of 1996. and it needs fixing, now. I urge my col- about jobs being lost because local Fourteen months ago, Senator DOLE leagues to support this bill. pharmacies are being cut out of the and I introduced our bill, the Child By Ms. MIKULSKI (for herself and Mr. business of providing care to Federal Support Responsibility Act of 1995, SARBANES): retirees. which later became an important piece S. 1759. A bill to amend title 5, I’m not antimail order, but I think it of the welfare reform bill. Since that United States Code, to require that should be used under the right cir- time, Congress has twice passed wel- written notice be furnished by the Of- cumstances. A person can’t wait for fare reform, and twice it has been ve- fice of Personnel Management before mail order when a weekend ear ache or toed. making any susbtantial change in the a stomach virus strikes. A local phar- And now, we are in much the same health benefits program for Federal macist must be available right then. place we were 14 months ago. While it employees; to the Committee on Gov- That is the safety net that allows mail is my sincerest hope that child support ernmental Affairs. order to work. will pass as part of a comprehensive

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5095 welfare reform bill this year, I believe As a former Member of the House of orders, and requires provisions for that we must seize this opportunity to Representatives, I have a long history heath care coverage to be required in move forward on child support. Be- of working to change and improve Fed- child support orders. And to facilitate cause this issue is too important to the eral laws governing child support en- child support enforcement and collec- future of American children to stand forcement, and introduced my own leg- tion, it requires States to adopt the by and wait any longer. islation to help relieve single parents Uniform Interstate Family Support For many of our Nation’s children, and their children of the institutional Act, to encourage the seamless enforce- the American dream is a rapidly fading barriers to progress on this issue. As ment of child support orders across mirage—one that they can see but are cochair of the Congressional Caucus for State lines. unable to firmly grasp. I’m talking spe- Women’s Issues, we made child support Finally, this bill expands the pen- cifically about the millions of children enforcement one of our top legislative alties for child support delinquency to who suffer from the neglect of deadbeat priorities in previous Congresses, include the denial of professional, rec- parents—those parents who help bring where some 30 bills were introduced to reational and driver’s license to dead- a child into the world and then, for address this problem. But I believe we beat parents, and permits the denial of whatever reasons, renege on their re- have come to a point where everyone a passport for individuals who are more sponsibilities as a parent to care for agrees that child support enforcement than $5,000 in arrears. My husband, them and give them the tools nec- is one of the most important aspects of former Gov. Jock McKernan, pioneered essary to craft a better life than the our campaign to revamp the welfare a similar program in Maine in 1993. one we enjoy today. system of this country. It affects every This program has been an amazing suc- At a time when one in four children State—children at every income level— cess in my home State. Between Au- grow up in single-parent households, and it affects both single mothers and gust 1993 and April 1996, $44 million was the crisis of unpaid child support re- single fathers. As a national problem, collected in outstanding child support mains a heavy burden. It is a burden child support enforcement merits a na- payments from 15,000 individuals. In that has not only taken an emotional tional solution. And we must dem- fact, in one case, a long-haul trucker toll on single parents and their chil- onstrate our leadership by providing it. who owed the State $19,000 drove to the dren, but an economic toll as well. And That’s why I have joined forces again State capitol and paid the amount in it is sapping the financial resources of with the distinguished majority leader, one lump sum. In another case, a real our State governments. Senator DOLE, to introduce the Child estate agent who owed more than While many single parents have had Support Improvement Act of 1996. I $11,000 in child support money con- some success in winning child support, should add, Mr. President, that this tacted the State and agreed to sell off only half of those who succeed actually bill has true bipartisan support, and is some land to pay off his debt. Clearly, receive what is owed. The other half re- it’s worth taking these steps. But we ceives partial payments or no pay- intended to complement the efforts of my House colleagues, Congresswomen can do—and should do—much more. ments at all. And an alarming 40 per- Mr. President, perhaps if we can rep- NANCY JOHNSON and BARBARA KEN- cent of single parents who seek child licate the successes of States like NELLY, who have introduced companion support do not succeed in winning any Maine on a national level, we can begin legislation in the House. Together, we order at all. That means that, while to ease and eventually lift the eco- have introduced the same child support the potential for child support collec- nomic and emotional burdens caused provisions which received over- tions is estimated to exceed $47 billion by delinquent child support payments, whelming support from both parties of each year, only $15 billion or so is ever and at last bring the justice, security, Congress, as well as the administra- collected from noncustodial parents. and equity to millions of single parents tion, during welfare reform. Worse yet, those single parents who and their children. have never been married have a dif- By passing this legislation, we will I look forward to working with my ficult time receiving any child support send a clear signal to deadbeat parents colleagues to ensure that noncustodial payments at all. Data collected from that their days of irresponsibility are parents begin to accept and bear re- the 1990 census indicates that of all over. We will also send clear signal to sponsibility for their children, who will mothers who have never been married, States that the Federal Government reap the financial support they so just- 75 percent did not have child support will provide them with the assistance ly deserve and desperately need.∑ orders and more than 50 percent had they need to collect child support on household incomes below the poverty behalf of millions of American fami- By Mr. LAUTENBERG (for him- level. lies. self and Mr. BUMPERS): These statistics translate into un- The bill contains commonsense re- S. 1761. A bill to eliminate taxpayer precedented burdens for single parents forms which achieve the following: subsidies for recreational shooting and their children, many of whom To strengthen efforts to locate par- transfer of federally owned weapons, struggle to find good child care, qual- ents, it expands the Federal parent lo- ammunition, funds, and other property ity medical care, warm clothes, or sim- cator system by creating Federal and to the private Corporation for the Pro- ply put food on the table. State data banks of child support or- motion of Rifle Practice and Firearms In all fairness, Congress has tried to ders, and allowing State-to-State ac- Safety; to the Committee on Armed strengthen child support enforcement cess of the network. It also creates Services. mechanisms prior to this term. In 1975, Federal and State directories of new THE SELF-FINANCING CIVILIAN MARKSMANSHIP Congress did pass the Child Support hires, to allow for basic information PROGRAM ACT OF 1996 Enforcement and Paternity Establish- supplied by employers from W–4 forms ∑ Mr. LAUTENBERG. Mr. President, I ment Program as part of the Social Se- to be compared against child support introduce the Self Financing Civilian curity Act, and then it enacted further data. Marksmanship Program Act of 1996. improvements to this effort by way of To ensure that collected funds go to I’m pleased that Senator BUMPERS is the 1984 Child Support Enforcement families as soon as possible, it estab- joining me in introducing this legisla- Amendments and the Family Support lishes a centralized State collections tion. Act of 1988. and disbursements unit, and requires The goal of this legislation is simple: Despite these actions, States have employers that garnish wages from em- to block the transfer of a $76 million been hard pressed to keep pace with ployees to pay those withheld wages to Federal endowment to American gun the virtual tidal wave of mothers seek- the State within 5 days. clubs. ing child support. States are faced with To increase paternity establishment, The Defense Department concluded the daunting task of locating parents, our approach simplifies paternity pro- long ago that the Army-run Civilian establishing paternity, establishing cedures, facilitates voluntary acknowl- Marksmanship Program does not serve child support orders, and collecting edgement, and encourages outreach. any military purpose. Even so, until re- child support payments. Yet States To ensure that child support orders cently the program was sustained by have been hampered by a lack of lead- are fair and equitable to children, it an annual $2.5 million Federal subsidy. ership and technical support from the provides for a simplified process for re- To extricate the Army from this pro- Federal Government. view and adjustment of child support gram, while ensuring a steady stream

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5096 CONGRESSIONAL RECORD — SENATE May 15, 1996 of firearms to gun enthusiasts, pro-gun SEC. 3. REPEAL OF CHARTER LAW FOR THE COR- The great majority of the gun clubs that Members of Congress established a so- PORATION FOR THE PROMOTION OF take part in the marksmanship program are RIFLE PRACTICE AND SAFETY. affiliated with the NRA, he said. For dec- called private nonprofit version of the (a) REPEAL OF CHARTER.—The Corporation program in the fiscal year 1996 Depart- ades, in fact, the guns’ buyers had to prove for the Promotion of Rifle Practice and Fire- to the Army they were NRA members—until ment of Defense authorization bill. arms Safety Act (title XVI of Public Law a federal judge stopped the requirement in In reality, the new corporation is pri- 104–106; 110 Stat. 515; 36 U.S.C. 5501 et seq.), 1979. vate in name only. In fact, Congress except for section 1624 of such Act (110 Stat. Promoters of the 93-year-old program say blessed it with a multimillion-dollar 522), is repealed. it’s no more sinister than the Boy Scouts, endowment. (b) RELATED REPEALS.—Section 1624 of the Future Farmers of America and other such Act (110 Stat. 522) is amended— youth groups that have taken part in its When the corporation becomes fully (1) in paragraphs (1) and (2) of subsection operational in October 1996, it will take marksmanship training. The M–1s that are (a), by striking out ‘‘and 4311’’ and inserting sold are not used in crimes, they said, be- control of 176,218 rifles worth more in lieu thereof ‘‘4311, 4312, and 4313’’; cause the strict background probes of the than $53 million. It will receive $4.4 (b) by striking out subsection (b); and guns’ potential buyers cull out criminals. (3) in subsection (c), by striking out ‘‘on million in cash and be given property They also point out that nine of the 10 mem- the earlier of—’’ and all that follows and in- valued at $8.8 million. Even more re- bers of America’s 1992 Olympic shooting serting in lieu thereof ‘‘on October 1, 1996.’’. markable, the corporation will be team learned marksmanship in the program. ‘‘Any link opponents try to draw between given control of 146 million rounds of [From the Washington Post, May 7, 1996] ammunition worth $9.7 million. this program and urban violence is com- UPINARMS OVER RIFLE GIVEAWAY—GUN- parable to linking Olympic boxing competi- The old program was a flagrant ex- CONTROL ADVOCATES CALL ARMY WEAPONS tion with hoodlum street fighting,’’ said Rep. ample of government waste. The new A SUBSIDY FOR NRA Paul E. Gillmor (R–Ohio), who sponsored the version makes even less sense, since it A provision of the defense budget that new measure and whose district draws 7,000 relinquishes government control over went into effect earlier this year requires the visitors and $10 million in revenue during the the program. Pentagon to give away 873,000 old rifles from summertime rifle competition. In 1993, the General Services Admin- World War II and the Korean War, spurring Gillmor added that it would cost the mili- istration reconfirmed a long-standing protests from gun-control advocates who be- tary $500,000 to destroy the guns, while the lieve the government shouldn’t add to gun cost is nothing if it gives them away. government policy. Under that policy, commerce. Chip Walker, a National Rifle Association the Federal Government does not sell The little-noticed measure was promoted spokesman, said Lautenberg and other crit- federally owned weapons to the public. by the National Rifle Association and the ics of the program ‘‘don’t want to promote The Congress should not make an ex- congressional delegation in Ohio, home to an firearms safety and responsibility.’’ He added ception for the private, nonprofit Cor- annual marksmanship competition that will that it’s ‘‘ironic’’ that gun-control advocates poration for the Promotion of Rifle be financed by the sale of the venerable M– for years have criticized the NRA for its Practice and Firearms Safety. The U.S. 1 rifles and other aged guns with a resale harsh rhetoric, urging it to stick to its tradi- value of about $100 million. tional mission of teaching firearms safety— Government shouldn’t be an arms mer- The heavy, nine-pound M–1s are unlikely and now raise questions about its efforts to chant. to be used in street crimes such as drug pursue even that goal. Given the plethora of weapons read- killings, the program’s advocates say, be- Almost all the guns the Army is to give ily available through the private sec- cause the main buyers have been and likely away are M–1s, the bolt-action rifle lugged tor, guns for which the federal govern- will continue to be gun collectors who must by GIs onto the beaches at D-Day and Gua- ment no longer has a use should be de- be trained in shooting rifles and pass a strin- dalcanal. Replaced in 1958 by the M–14 as stroyed, and the corporation should be gent background investigation. standard infantry issue, and later by today’s But critics say the recent congressional ac- abolished. M–16, the M–1 is prized by collectors and war tion is in effect a subsidy to the NRA. It re- buffs—especially the pristine guns sold in Our bill would do just that. It would quires the Army to transfer control over the their original boxes by the Army. abolish the so-called private corpora- rifles for free to a new nonprofit corporation. Last year the Army charged $310 each for tion, block the transfer of this $76 mil- The corporation will sell them to benefit the M–1s stored at its Anniston Army Depot lion endowment, and end the federally marksmanship programs and the yearly tar- in Alabama—an increase from its recent run Civilian Marksmanship Program get tournament in Camp Perry, Ohio, which price of $250. In any case, those are dis- once and for all. It would not prohibit is managed by the NRA. counts, because M–1s usually sell for $400 to The old Army-administered program also gun clubs from operation, but it would $500. In recent years the program sold a max- co-sponsored the annual Ohio tournament imum of 6,000 guns a year. not subsidize them with federally with the NRA, and over the years the NRA The measure recently signed into law by owned weapons, ammunition, property, used its close relationship with the project President Clinton in essence privatizes the and cash. to market itself, critics of the group said. program and transfers ownership of the This gift of millions of dollars’ worth Congress’s action marked the death of the 373,000 rifles to the new Corporation for the of weapons and ammunition is terrible Army-administered program, called the Ci- Promotion of Rifle Practice and Firearms public policy. In fact, it’s outrageous. vilian Marksmanship Program, which critics Safety, whose board is to be named by the The Government must work, to stem called one of the U.S. government’s oddest Army. It will then sell the weapons for what- pork-barrel projects. The Pentagon ran it for ever price the market will bear, and at what- the rising tide of gun violence in this decades but has sought to disentangle itself ever rate it chooses. (The guns will remain country, not aid and abet it. in recent years. at the Anniston facility until they are sold.) I hope the Congress will approve this The program harkens to 1903, just after the The law requires the Army to transfer to legislation. I ask unanimous consent Spanish-American War. U.S. military offi- the new corporation $5 million in cash the that a copy of the Washington Post ar- cials were upset to learn farm boys con- Army program has on hand, $8 million in ticle on this program and a copy of the scripted for that conflict were not the rus- computers and other equipment, about 120 tics of romantic American novels who could million rounds of ammunition and the 373,000 legislation be inserted in the RECORD. nail a jack rabbit from 200 yards—in fact, guns. It’s estimated that only about 60 per- There being no objection, the mate- they couldn’t hit a barn. Congress estab- cent of the guns—about 224,000—are usable, rial was ordered to be printed in the lished the project, supported by U.S. mili- and they could fetch about $100 million. RECORD, as follows: tary guns and money, to promote sharp- The Pentagon has sought to remove itself S. 1761 shooting in future wars. as administrator of the program, under ‘‘The gift of millions of dollars worth of which it sold 6,000 guns a year and donated Be it enacted by the Senate and House of Rep- weapons and ammunition is terrible public $2.5 million annually to the Ohio competi- resentatives of the United States of America in policy,’’ said Sen. Frank R. Lautenberg (D- tion, military officials said. The main rea- Congress assembled, N.J.) in a column in USA Today. ‘‘In fact, son, they said, is that they concluded that SECTION 1. SHORT TITLE. it’s outrageous. The government must work the program years ago stopped contributing This Act may be cited as the ‘‘Self Financ- to stem the rising tide of gun violence in this to ‘‘military readiness.’’ Moreover, Pentagon ing Civilian Marksmanship Program Act of country, not aid and abet it.’’ officials were uncomfortable being involved 1996’’. ‘‘This program historically has been a fed- in an issue as controversial as firearms. SEC. 2. PRIVATE SHOOTING COMPETITIONS AND eral subsidy to the NRA’s marketing,’’ said Finally, last year, military officials were FIREARM SAFETY PROGRAMS. Josh Sugarmann, a gun-control activist and upset by the taint the program suffered when Nothing in this Act prohibits any private author of a 1992 book critical of the NRA. it was learned that members of a Michigan person from establishing a privately fi- Congress’s latest action, he added, is ‘‘a new militia had formed a gun club that became nanced program to support shooting com- funding mechanism’’ that also helps the officially affiliated with the Army program. petitions or firearms safety programs. NRA. Using that affiliation, the militia members

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5097 had taken target practice at a Michigan munication connecting the various States Another pitfall of the current military base until they were stopped.∑ and communities of the country. Under lengthy interregnum is that under the present conditions, however, the result of present system, the next fiscal year’s By Mr. PELL: elections is known all over the country with- proposed budget is submitted by the S.J. Res. 55. A joint resolution pro- in a few hours after the polls close, and the outgoing administration only to be posing an amendment to the Constitu- Capital City is within a few days’ travel of subject to amendment and revision tion of the United States relative to the remotest portions of the country. . . . The only direct opportunity that the once the new administration takes of- the commencement of the terms of of- citizens of the country have to express their fice. This is a needless duplication of fice of the President, Vice President, ideas and their wishes in regard to national effort and inevitably results in an un- and Members of Congress; to the Com- legislation is the expression of their will necessary delay of the budget process. mittee on the Judiciary. through the election of their representatives Indeed, given the record of the current PRESIDENTIAL AND CONGRESSIONAL TERMS IN- at the general election in November. ...In AUGURATION DATE ADVANCE CONSTITUTIONAL a government ‘‘by the people’’ the wishes of Congress with regard to the Federal AMENDMENT a majority should be crystallized into legis- budget, it is clear that any additional Mr. PELL. Mr. President. I offer a lation as soon as possible after these wishes time or lack of either redundant or have been made known. These mandates pointless effort would be welcome. If joint resolution to amend the Constitu- should be obeyed within a reasonable time. tion to advance the Inauguration dates the new Congress were to be sworn in Those words ring true today. With for the President and Members of Con- on December 1 and the President on the further advancement in travel, gress from January 20th and 3rd to De- December 10, the new administration communications, polling, and the as- cember 10th and 1st respectively. In of- would start with a clean slate with re- certainment of election results since fering this resolution here in the 104th gard to the budget and the process 1933, their remains no justification for would be off to a much smoother and Congress, I note for my colleagues that the present lengthy hiatus between this is an effort I first began in 1981 and more sensible start. Election Day and Inauguration Day. Another clear benefit of an advance with each succeeding set of national We now know election results within elections, I believe that the rationale in the dates of inauguration for the minutes of the last closing of the polls, President and Members of Congress and wisdom for changing these dates indeed, usually before they close becomes more compelling. would be that with the recently com- through news projections, and travel to pleted campaign season more fresh in The current date for the Inaugura- Washington is an affair that can be ac- tion of the President was set by the the memories of the new administra- complished in a day. The Electoral Col- tion and Congress, the opportunity 20th amendment to the Constitution in lege could easily complete its duties 1933. Prior to that, the Inauguration would be greater to take quicker ac- within a few days time and there is no tion on the proposals which collec- date had not changed since being fixed impediment to the commencement of tively brought them to office. The pop- by an act of the Continental Congress the terms of the Members of Congress ulace, having listened to an extensive in 1788 commencing the proceeding of by December 1st. necessary because of campaign and spoken their minds the Government of the United States the role of the House of Representa- through the ballot box, deserve to have under the newly ratified Constitution. tives in the ratification of the results Under that act, March 4th was chosen of the Electoral College. It is clear the views they supported formulated simply because it happened to be the then that no structural or logistical into legislation and acted upon in a first Wednesday in March of 1789 and it justification exists for delaying the im- reasonable and timely fashion. Waiting was thought at the time that that plementation of the decision of the for 3 months to even begin the process amount of time was needed for each voters made at the polls in early No- seems to me to be simply too long. Other reasons for advancing the In- State to appoint Presidential electors vember. to the Electoral College and for them With no physical barriers to a more auguration of the President and Con- to meet and cast their ballots. Addi- rapid installation of the President and gress, while slightly more speculative, tionally, there were practical and con- Members of Congress, are there policy seem likely. For example, with the ad- trolling considerations over the dif- reasons for waiting 2 months and more vance, the President would prudently ficulty and length of time it took to before swearing them into office? In be inclined to have a good idea of who travel to and from the Capital City, the my opinion, the typical arguments of he or she would choose for key posi- necessity for time to allow newly elect- preservation of tradition and the need tions in the Cabinet prior to the elec- ed officials to tend to the long-term or- for time for transition organization are tion. Indeed, the composition of the ganization of their private affairs prior less than compelling. Indeed, I believe Cabinet could well become part of the to their extended departure from home that these justifications pale in com- preelection debate, something which I for Washington, and the lack of sophis- parison to the drawbacks of the cur- feel would be healthy given the enor- ticated means for the verification of rent state of affairs. mous influence Cabinet members have polling results and for communication First and foremost, currently when a over the day-to-day functions of the ex- of news. Thus, in the founding days of new President is elected, during the ecutive branch. our country, March 4th was seen as the protracted transition period to a new Another potential benefit would be earliest possible date by which the administration that follows, it is un- that given the much shorter period be- Government could, in an orderly and clear for almost 3 months who speaks tween Election Day and the commence- practical manner, bring about the will for the United States on matters of na- ment of the terms of the new Congress, of the electors as expressed in congres- tional importance or crisis. As the un- the incentive or need to hold so-called sional and Presidential balloting from disputed leader in world affairs, and in lameduck sessions of Congress would the previous November. a world ever more closely intertwined be greatly reduced. This would produce By 1933, however, it had become clear and influenced by daily events occur- the desirable result of discouraging the that it was no longer necessary to post- ring throughout the international com- opportunity for Members who had lost pone the Inauguration of the President munity, this is a needless peril into at the polls to still meet, vote, and de- and Members of Congress until March which we place ourselves. It is never cide upon matters on behalf of the con- 4th. Senator George W. Norris of Ne- wise not desirable for any country, par- stituents who just turned them out. braska, the Champion of the 20th ticularly one with extensive power and Again, in a democracy, it is the will of amendment to the Constitution which influence such as ours, to tolerate any the people that should be afforded the advanced the Presidential and congres- confusion or question about who runs greatest chance of being heard and re- sional Inauguration dates to their cur- and speaks for the affairs of State. Yet, ducing the likelihood of a lame-duck rent status, said on the Senate floor in whenever we elect a new President, we session of Congress would forward that 1932: needlessly allow just such a situation goal. For all of these reasons, I again pro- When our Constitution was adopted, there to occur. We would substantially re- was some reason for such a long intervention duce the potential hazards of the cur- pose the constitutional amendment. of time between the election and actual com- rent lengthy delay in the transition of For those unfamiliar with my earlier mencement of work by the new Congress. We our Government were this proposal efforts to advance the Inauguration had neither railroads nor telegraphic com- adopted. dates, a couple of points. First, there is

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5098 CONGRESSIONAL RECORD — SENATE May 15, 1996 nothing magical about the dates of De- elect shall become President. If a President tives, the election would be decided not by cember 10th for the President and De- shall not have been chosen before the time recently elected Congressmen, but by the cember 1st for Members of Congress. fixed for the beginning of his term, or if the ‘‘lame-duck’’ session. In addition, should a Indeed, when I first pursued this effort, President elect shall have failed to qualify, session of Congress require more time to then the Vice President elect shall act as conduct its business, the session could not be I proposed earlier dates ranging from President until a President shall have quali- extended, since the terms of many legisla- early to mid-November. However, at a fied; and the Congress may by law provide tors expired on March 4. The pending busi- hearing before the Senate Judiciary for the case wherein neither a President ness would either have to be postponed until Committee in 1984, there was a general elect nor a Vice President elect shall quali- the following December, or a special session feeling that perhaps that left too little fied, declaring who shall then act as Presi- of the new Congress would have to be called. time after the election for an orderly dent, or the manner in which one who is to Consequently, the ‘‘lame-duck’’ session pro- transition. Likewise, there was resist- act shall be selected, and such person shall vided parliamentary advantages for the ma- ance to interference with the Thanks- act accordingly until a President or Vice jority party in Congress. This is why con- President shall have qualified. stitutional amendments to eliminate the giving holiday so early December pre- ‘‘SEC. 4. The Congress may by law provide ‘‘lame-duck’’ session continually faced oppo- sents itself as the earliest reasonable for the case of the death of any of the per- sition in Congress. and desirable timeframe for setting sons from whom the House of Representa- Objections to the ‘‘lame-duck’’ session these Inauguration dates. Incidentally, tives may choose a President whenever the were heard long before proposals leading to for those who wish to cling to tradi- right of choice shall have devolved upon the Twentieth Amendment were introduced. tion, establishing a swearing-in date of them, and for the case of the death of any of On the opening day of Congress’ first ‘‘lame- December 1st for Congress would be the persons from whom the Senate may duck’’ session in March of 1795, Aaron Burr choose a Vice President whenever the right laid before the Senate a motion introducing somewhat of a return to previous prac- of choice shall have devolved upon them. a constitutional amendment extending the tice. The Constitution originally estab- ‘‘SEC. 5. Sections 1 and 2 shall take effect terms of Congressmen until the first day of lished the meeting day for Congress on on the 15th day of October following the rati- June.3 Again in 1840, Millard Fillmore intro- the first Monday of December and this fication of this article. duced an amendment that called for the was the practice until the 20th amend- ‘‘SEC. 6. This article shall be inoperative elimination of the ‘‘lame-duck’’ session. Fill- ment changed it in 1933. Thus, it was unless it shall have been ratified as an more’s resolution provided for the terms of not until 1934 that Congress began its amendment to the Constitution by the legis- Congressmen to begin on the first day of De- latures of three-fourths of the several States 4 sessions in early January. Under my cember, rather than fourth day of March. within seven years from the date of its sub- Several other amendments to the Constitu- proposal, Congress would resume the mission.’’ tion, which would have altered the terms of commencement of its sessions in early Background office and dates of congressional sessions, December. In accordance with the constitutional pro- were introduced during the last quarter of Thus, I offer my joint resolution to visions written by the Founding Fathers in the nineteenth century. Each of them was advance the Presidential and congres- 1787, the newly established U.S. Government defeated.5 sional Inauguration dates. This pro- was to become effective when nine States In 1923, the first of several resolutions in- posal is good government, it makes ratified the Constitution.1 After the ratifica- troduced by Senator George W. Norris of Ne- common sense, and is both feasible and tion process was completed in June of 1788, braska to eliminate the ‘‘lame-duck’’ session the existing Congress designated March 4, was reported by the Senate Committee on practical. Furthermore, I believe that Agriculture and Forestry.6 The measure, S.J. failing to change the dates needlessly 1789 as the official date when the Federal Government, as outlined in the Constitution, Res. 253, easily passed the Senate on Feb- risks confusion over who speaks for the 7 would begin operation. This date represented ruary 13, 63 to 6, 27 not voting. However, as national government, facilitates unde- an estimate of the time needed to appoint would be the case with several of Norris’ res- sirable legislative scenarios such as the presidential electors in each State and allow olutions, the House of Representatives de- convening of lame-duck sessions of them to cast their ballots for President. In feated the proposal by delaying further ac- Congress, and unnecessarily delays the addition, the States needed time to select tion until Congress adjourned in March. The chance for those chosen by the elec- both Representatives and Senators to serve same thing happened in 1924 with S.J. Res. 22 (68th Cong.), and again in 1926 with S.J. Res. torate to take their rightful offices and in the U.S. Congress. As mandated by the Constitution, the President was to serve for 9 (69th Cong.). In 1928, S.J. Res. 47 (70th act upon the issues of the day. I urge Cong.) finally made it to a vote in the House, my colleagues to take the time to care- 4 years, Senators for 6, and Representatives for 2. All legislative and executive offices, where it gained a majority but failed to re- fully consider this proposal and that then and in the future, would commence on ceive the necessary two-thirds vote, 209 to they join me in this effort to make March 4 and end in subsequent odd-numbered 157, 66 not voting and 2 answering these straightforward and eminently years on the same date. ‘‘present.’’ 8 reasonable changes in our govern- The problem inherent in this system was On June 8, 1929, another Norris amendment mental process. that the Constitution, under Article I, Sec- proposal, S.J. Res. 3 (71st Cong.), passed in tion 4, Clause 2, stipulated: the Senate and was sent to the House. Once Mr. President, I ask unanimous con- in the House, the Resolution lay on the sent that at this point a brief history ‘‘The Congress shall assemble at least once in every year, and such a meeting shall be on Speaker’s table until April 17, 1930, when it of the 20th amendment as prepared for the first Monday in December, unless they was finally referred to a House committee. the Judiciary Committee in 1985 be in- shall by Law appoint a different day.’’ In the meantime, a similar House Resolu- cluded in the RECORD. This meant that, although Congressmen tion, H.J. Res. 292 (7st Cong.), was intro- There being no objection, the mate- were elected to office in November of even- duced. This proposal, as amended by Speaker rial was ordered to be printed in the numbered years, they were not entitled to of the House Nicholas Longworth of Ohio, would have required the second session of RECORD, as follows: take office until after the terms of their predecessors expired the following March. Congress, which convened in January, to ad- AMENDMENTS TO THE CONSTITUTION: A BRIEF Moreover, the new Congressmen would not journ by May 4 of even-numbered years.9 H.J. LEGISLATIVE HISTORY assemble until the following December. This Res. 292 passed easily in the House, 290 to 93, AMENDMENT XX left a thirteen month lapse from the time of 47 not voting and 1 answering ‘‘present.’’ 10 In Text of amendment election until the new Congress first con- conference, representatives from the House and the Senate failed to agree on a com- ‘‘SECTION 1. The terms of the President and vened. In the meantime, defeated or retiring Vice President shall end at noon on the 20th Congressmen would meet in their regular promise measure. As a result, hopes for an day of January, and the terms of Senators session in December of the election year and amendment to the Constitution once again and Representatives at noon on the 3d day of continue to hold office until their term ex- expired with the adjournment of the 71st 11 January, of the years in which such terms pired on March 4 of the next year. This short Congress. would have ended if this article had not been session of Congress, from December to Legislative history ratified; and the terms of their successors March, was nicknamed the ‘‘lame-duck’’ ses- The elections of 1930 resulted in a Demo- shall then begin. sion, deriving its title from the stock ex- cratic landslide in the House. Unlike Long- ‘‘SEC. 2. The Congress shall assemble at change term meaning ‘‘one who was unable worth, the new Speaker, John N. Garner of least once in every year, and such meeting to meet his obligations.’’ 2 Texas, came out in active support of an shall begin at noon on the 3d day of January, The ‘‘lame-duck’’ session of Congress was amendment to remedy the ‘‘lame-duck’’ unless they shall by law appoint a different controversial for a number of reasons. For problem. On January 6, 1932, the sixth Norris day. instance, if the election of the President Amendment, S.J. Res. 14 (72nd Cong.), was ‘‘SEC. 3. If, at the time fixed for the begin- were thrown into the House of Representa- reported in the Senate by the Committee on ning of the term of the President, the Presi- the Judiciary. During floor consideration in dent elect shall have died, the Vice President Footnotes at end of article. the Senate on January 6, one amendment to

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5099 limit the second session of Congress was re- South Dakota, Jan. 20, 1933. of Federal Investigations of the Office jected before the Resolution passed, 63 to 7, Tennessee, Jan. 20, 1933. of Personnel Management, and for 25 not voting.12 Idaho, Jan. 21, 1933. other purposes. In the House, the Committee on Election New Mexico, Jan. 21, 1933. S. 1534 of the President, Vice President, and Rep- Georgia, Jan. 23, 1933. resentatives in Congress reported S.J. Res. 14 Missouri, Jan. 23, 1933. At the request of Mr. HATFIELD, the with an amendment in the nature of a sub- Ohio, Jan. 23, 1933. name of the Senator from Rhode Island stitute measure.13 Among numerous sug- Utah, Jan. 23, 1933. [Mr. PELL] was added as a cosponsor of gested alterations, the substitute proposed Colorado, Jan. 24, 1933. S. 1534, a bill to amend the Public ending presidential terms on January 24 and Massachusetts, Jan. 24, 1933. Health Service Act to provide addi- congressional terms on January 4, providing Wisconsin, Jan. 24, 1933. tional support for and to expand clin- Nevada, Jan. 26, 1933. for succession in the event of the death or ical research programs, and for other lack of qualification of the President-elect Connecticut, Jan. 27, 1933. or Vice President-elect, making provision in New Hampshire, Jan. 31, 1933. purposes. case of the death of candidates from which Vermont, Feb. 2, 1933. S. 1644 Congress might have to choose a President Maryland, Mar. 24, 1933. At the request of Mr. BROWN, the or Vice President, and setting an effective Florida, Apr. 26, 1933. name of the Senator from Vermont date for the first two sections of the amend- With more than the necessary number of [Mr. JEFFORDS] was added as a cospon- ment. States having ratified, the Twentieth sor of S. 1644, a bill to authorize the ex- Amendment was certified as part of the Con- The House began consideration of S.J. Res. tension of nondiscriminatory treat- 14 stitution on February 6, 1933, by Secretary of 14 under an open rule on February 12, 1932. ment (most-favored-nation) to the On February 13, numerous amendments to State Henry L. Stimson. Section 5 of the the committee substitute were offered, all of Amendment provided that Section 1 and 2 products of Romania. which were either rejected or withdrawn. would become effective on October 15, 1933; S. 1646 The two amendments withdrawn by their therefore, the terms of newly-elected Sen- At the request of Mr. DOMENICI, the sponsors would have required ratification of ators and Representaties began on January name of the Senator from New Hamp- the amendment within 7 years of its submis- 3, 1934, and the terms of the President and shire [Mr. SMITH] was added as a co- 19 sion to the States and provided that Con- Vice President began on January 20, 1937. sponsor of S. 1646, a bill to authorize The Twentieth Amendment appears offi- gress could, by concurrent resolution, set an and facilitate a program to enhance assembly date other than January 4.15 The cially as 47 Stat. 2569. safety, training, research and develop- rejected amendments called for ratification FOOTNOTES ment, and safety education in the pro- of the Twentieth Amendment by State con- 1 United States Constitution, Article VII. ventions, extension of Representatives’ 2 Carl Brent Swisher, American Constitutional Devel- pane gas industry for the benefit of terms to 4 years, and limitation of the sec- opment (Boston: Houghton Mifflin, Co., 1943), 723. propane consumers and the public, and ond session of Congress. 3 Annals of the Congress of the United States, 1795 for other purposes. (Washington, D.C.: Gales & Seaton, 1849), 5: 853. After the House debate concluded, the SENATE RESOLUTION 85 Election Committee’s substitute was ap- 4 Congressional Globe, 26th Congress, 2nd Session, 1840, 9: 44. At the request of Mr. CHAFEE, the proved and recommitted to the committee, 5 Congressional Record, 70th Congress, 2nd Session, name of the Senator from Rhode Island with instructions to report it back with a 1928–1929, 70; 1–8; H. Doc. 551. [Mr. PELL] was added as a cosponsor of new section establishing a mandatory 7-year 6 Congressional Record, 67th Congress, 4th, Session, ratification period.16 Once the Resolution 1932, 64, Pt. 4: 3505–3507. Senate Resolution 85, a resolution to was amended accordingly and again reported 7 Ibid., 3540–3541. express the sense of the Senate that ob- by the Committee on Election, it passed the 8 Ibid., 70th Congress, 1st Session, 1928, 69, Pt. 4: stetrician-gynecologists should be in- House 204 to 134, 43 not voting.17 Minor dif- 4430. cluded in Federal laws relating to the 9 Ibid., 71st Congress, 3rd Session, 1931, 74, Part 6: ferences between the House and Senate 5906–5907. provision of health care. versions were quickly resolved in con- 10 Ibid., 5907–5908. SENATE RESOLUTION 215 ference.18 11 For a summary of these five proposals see: Con- At the request of Mr. LAUTENBERG, Ratification history gressional Record, 72nd Congress, 1st Session, 1931– 1932, 75. the name of the Senator from Illinois The Twentieth Amendment was sent to the 12 Congressional Record, 1372–1384. [Ms. MOSELEY-BRAUN] was added as a States for ratification in March of 1932; and 13 Ibid., 72nd Congress, 1st Session, 1932, 75. cosponsor of Senate Resolution 215, a within 1 year, all 48 States had ratified. Vir- 14 Ibid. resolution to designate June 19, 1996, as ginia was the first State to ratify, on March 15 Ibid., 3856–3857, 3875–3876. 4, 1932; and on January 23, 1933, Utah became 16 Ibid., 3857–78. ‘‘National Baseball Day.’’ the required 36th State to approve the 17 4059–60. f 18 Amendment. The ratification dates of each Ibid. 19Virginia Commission on Constitutional Government, SENATE CONCURRENT RESOLU- of the States appear below: The Constitution of the United States, (Richmond, TION 58—TELEPHONE NUMBER Virginia, Mar. 4, 1932. 1965), 36–37. New York, Mar. 11, 1932. OWNERSHIP CONCURRENT RESO- f Mississippi, Mar. 16, 1932. LUTION OF 1996 Arkansas, Mar. 17, 1932. ADDITIONAL COSPONSORS Mr. D’AMATO submitted the fol- Kentucky, Mar. 17, 1932. lowing concurrent resolution; which New Jersey, Mar. 21, 1932. S. 1491 South Carolina, Mar. 25, 1932. At the request of Mr. GRAMS, the was referred to the Committee on Com- Michigan, Mar. 31, 1932. names of the Senator from North Caro- merce, Science, and Transportation. Maine, Apr. 1, 1932. lina [Mr. FAIRCLOTH], the Senator from S. CON. RES. 58 Rhode Island, Apr. 14, 1932. Idaho [Mr. KEMPTHORNE], and the Sen- Resolved by the Senate (the House of Rep- Illinois, Apr. 21, 1932. ator from Mississippi [Mr. COCHRAN] resentatives concurring), Louisiana, Jun. 22, 1932. were added as cosponsors of S. 1491, a SECTION 1. SHORT TITLE. West Virginia, Jul. 30, 1932. bill to reform antimicrobial pesticide This Resolution may be cited as the ‘‘Tele- Pennsylvania, Aug. 11, 1932. phone Number Ownership Resolution of Indiana, Aug. 15, 1932. registration, and for other purposes. 1996’’. Texas, Sep. 7, 1932. S. 1521 SEC. 2. FINDINGS. Alabama, Sep. 13, 1932. At the request of Mr. DOLE, the name The Congress finds that— California, Jan. 4 1933. of the Senator from Alaska [Mr. STE- (1) under existing law, the Federal Commu- North Carolina, Jan. 5, 1933. VENS] was added as a cosponsor of S. nications Commission is the administrator, North Dakota, Jan. 9, 1933. 1521, a bill to establish the Nicodemus not the owner, of telephone numbers, and Minnesota, Jan. 12, 1933. has no authority to auction, or impose user Arizona, Jan. 13, 1933. National Historic Site in Kansas, and fees for, any number within the North Amer- Montana, Jan. 13, 1933. for other purposes. ican Numbering Plan, nor does any other Nebraska, Jan. 13, 1933. S. 1532 Federal agency; Oklahoma, Jan. 13, 1933. At the request of Mr. SIMON, the (2) auctions of toll-free numbers will in- Kansas, Jan. 16, 1933. names of the Senator from Virginia crease consumer fraud and confusion by al- Oregon, Jan. 16, 1933. lowing competitors to profit from the estab- [Mr. ROBB] and the Senator from Okla- Delaware, Jan. 19, 1933. lished reputation associated with existing Washington, Jan. 19, 1933. homa [Mr. INHOFE] were added as co- toll-free numbers; Wyoming, Jan. 19, 1933. sponsors of S. 1532, a bill to provide for (3) there are a total of 21 countries in the Iowa, Jan. 20, 1933. the continuing operation of the Office North American Numbering Plan, including

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5100 CONGRESSIONAL RECORD — SENATE May 15, 1996 the United States of America, Canada, and At the appropriate place, insert the fol- nomination of Ms. Ginger Ehn Lew to most Caribbean countries, and decisions af- lowing: be Deputy Administrator of the U.S. fecting universally available toll-free num- SEC. . SENSE OF THE SENATE REGARDING A Small Business Administration and to bers should not be made without a consensus SUPERMAJORITY REQUIREMENT markup the ‘‘Small Business Invest- among the participating nations; FOR RAISING TAXES. (4) the value of a toll-free telephone num- (a) FINDINGS.—The Senate finds that— ment Company Improvement Act of ber is derived solely from the efforts of the (1) the Nation’s current tax system is inde- 1996.’’ holder to create value in it; and fensible, being overly complex, burdensome, For further information, please con- (5) the right of first refusal for companies and severely limiting to economic oppor- tact Paul Cooksey. with toll-free numbers that have become a tunity for all Americans; (2) fundamental tax reform should be un- unique brand identity will ensure that cus- f tomers reach their intended service provider. dertaken as soon as practicable to produce a SEC. 3. SENSE OF THE CONGRESS. tax system that is fairer, flatter, and sim- It is the sense of the Congress that— pler; that promotes, rather than punishes, AUTHORITY FOR COMMITTEES TO (1) the Federal Communications Commis- job creation; that eliminates unnecessary pa- MEET sion lacks legal authority to conduct auc- perwork burdens on America’s businesses; COMMITTEE ON AGRICULTURE, NUTRITION, AND tions or other revenue raising activities in that recognizes the fact that families are FORESTRY connection with the allocation of any num- performing the most important work of our ber within the North American Numbering society; that provides incentives for Ameri- Mr. FRIST. Mr. President, I ask Plan. cans who save for the future in order to build unanimous consent that the Com- (2) if the Congress is to authorize such ac- a better life for themselves and their fami- mittee on Agriculture, Nutrition, and tivities, procedures will be required— lies; that allows Americans, especially the Forestry be allowed to meet during the (A) to protect any value attaching to new middle class, to keep more of what they session of the Senate on Wednesday, toll-free numbers by reason of a private busi- earn, but that raises enough money to fund May 15, 1996, at 9:30 A.M., in SR–332, to ness investment in the advertisement or pub- a leaner, more efficient Federal Government; lic awareness of the corresponding 800 num- and that allows Americans to compute their discuss how the Commodity Futures ber, by granting a right of first refusal or taxes easily; and Trading Commission oversees markets other protection to the subscriber to that (3) the stability and longevity of any new in times of volatile prices and tight corresponding 800 number; tax system designed to achieve these goals supplies. (B) to prevent unjust enrichment and inef- should be guaranteed with a supermajority The PRESIDING OFFICER. Without ficient use of toll-free numbers by measures vote requirement so that Congress cannot objection, it is so ordered. designed to prevent speculation, hoarding, easily raise tax rates, impose new taxes, or and other ‘‘gaming’’ of the allocation sys- otherwise increase the amount of a tax- COMMITTEE ON ENERGY AND NATURAL tem; and payer’s income that is subject to tax. RESOURCES (C) to protect consumers from fraud and (b) SENSE OF THE SENATE.—It is the sense Mr. FRIST. Mr. President, I ask confusion by preventing the misrepresenta- of the Senate that this concurrent resolution unanimous consent that the Com- tion of established toll-free numbers; and on the budget assumes fundamental tax re- mittee on Energy and Natural Re- (3) the Federal Communications Commis- form should be accompanied by a proposal to sources be granted permission to meet sion should submit to the Congress a plan for amend the Constitution of the United States during the session of the Senate on the allocation of toll-free 888 numbers that to require a supermajority vote in each contains procedures described in paragraph House of Congress to approve tax increases. Wednesday, May 15, 1996, for purposes (2), together with its recommendations for f of conducting a full committee busi- legislative authorization of such allocation. ness meeting which is scheduled to NOTICES OF HEARINGS f begin at 9:30 a.m. The purpose of this AMENDMENTS SUBMITTED COMMITTEE ON AGRICULTURE, NUTRITION, AND meeting is to consider pending cal- FORESTRY endar business. Mr. LUGAR. Mr. President, I would The PRESIDING OFFICER. Without THE CONGRESSIONAL BUDGET like to announce that the Senate Com- objection, it is so ordered. CONCURRENT RESOLUTION mittee on Agriculture, Nutrition, and COMMITTEE ON THE JUDICIARY Forestry will meet on Tuesday, May 21, Mr. FRIST. Mr. President, I ask 1996, at 11 a.m., in SR–328A to conduct unanimous consent that the Com- GRASSLEY (AND OTHERS) confirmation hearings on the fol- AMENDMENT NO. 3963 mittee on the Judiciary be authorized lowing: to meet during the session of the Sen- Mr. GRASSLEY (for himself, Mr. Brooksley E. Born, of Washington, ate on Wednesday, May 15, 1996, at 10 EXON, Mr. KOHL, Mr. KERRY, Mr. FEIN- DC, to be Chairman of the Commodity A.M., to hold a hearing on ‘‘combating GOLD, Mr. HARKIN, Mr. BUMPERS, Mr. Futures Trading Commission and to be violence against women.’’ SIMON, and Mr. DORGAN) proposed an Commissioner of the Commodity Fu- The PRESIDING OFFICER. Without amendment to the concurrent resolu- tures Trading Commission for the re- objection, it is so ordered. tion (S. Con. Res. 57) setting forth the mainder of the term expiring April 13, congressional budget for the United 1999. COMMITTEE ON RULES AND ADMINISTRATION States Government for fiscal years David D. Spears, of Kansas, to be Mr. FRIST. Mr. President, I ask 1997, 1998, 1999, 2000, 2001, and 2002; as Commissioner of the Commodity Fu- unanimous consent that the Com- follows: tures Trading Commission for the term mittee on Rules and Administration be On page 4, line 8, decrease the amount by expiring April 13, 2000. authorized to meet during the session $8,300,000,000. COMMITTEE ON RULES AND ADMINISTRATION of the Senate on Wednesday, May 15, On page 4, line 17, decrease the amount by Mr. WARNER. Mr. President, I wish 1996, beginning at 9:30 a.m., until busi- $2,300,000,000. to announce that the Committee on ness is completed, to hold a hearing on On page 8, line 3, decrease the amount by Rules and Administration will meet in Campaign Finance Reform. $8,300,000,000. The PRESIDING OFFICER. Without On page 8, line 4, decrease the amount by SR–301, Russell Senate Office Building, $2,300,000,000. on Wednesday, May 22, 1996, at 9:30 objection, it is so ordered. On page 52, line 11, decrease the amount by a.m., on Public Access to Government COMMITTEE ON RULES AND ADMINISTRATION $8,300,000,000. Information in the 21st Century, with a Mr. FRIST. Mr. President, I ask On page 52, line 12, decrease the amount by focus on the GPO Depository Program/ unanimous consent that the Com- $2,300,000,000. mittee on Rules and Administration be On page 59, at the end of line 2, insert Title 44. ‘‘This section shall not apply to defense dis- For further information concerning authorized to meet during the session cretionary budget authority and budget out- this hearing, please contact Joy Wilson of the Senate on Wednesday, May 15, lays caps for fiscal year 1997.’’ of the Committee staff. 1996, beginning at 10 a.m., until busi- COMMITTEE ON SMALL BUSINESS ness is completed, to hold a hearing on KYL AMENDMENT NO. 3964 Mr. BOND. Mr. President, I wish to Campaign Finance Reform. (Ordered to lie on the table.) announce that the Committee on Small The PRESIDING OFFICER. Without Mr. KYL submitted an amendment Business will hold a business meeting objection, it is so ordered. intended to be proposed by him to the on Wednesday, May 22, 1996, beginning SELECT COMMITTEE ON INTELLIGENCE concurrent resolution (S. Con. Res. 57) at 9:30 a.m., in room 428A of the Russell Mr. STEVENS. Mr. President, I ask supra; as follows: Senate Office Building to vote on the unanimous consent that the Select

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5101 Committee on Intelligence be author- ily self-sufficient. Therefore, too many welfare reform. This support was dem- ized to meet during the session of the young families are consigned to years onstrated last fall when 87 Senators Senate on Wednesday, May 15, 1996 at 6 of welfare dependency because the par- voted for a bipartisan bill to reform p.m., to hold a closed business meeting. ents do not possess the basic skills nec- welfare. The PRESIDING OFFICER. Without essary to get and keep a job. By requir- Mr. President, the American people objection, it is so ordered. ing minor parents to stay in school to desperately want us to address the SUBCOMMITTEE ON AFRICAN AFFAIRS earn a diploma or GED, we begin to major problems facing our country and Mr. FRIST. Mr. President, I ask break this devastating cycle of depend- stop the political game playing. unanimous consent that the Sub- ency. We should take the Senate passed Further, too many minor parents go committee on African Affairs of the plan backup, amend it to adhere to out and establish separate households Committee on Foreign Relations be au- some of the key recommendations of when a child is born. Unfortunately thorized to meet during the session of the National Governors Association many of these young parents are still such as increased funding for child the Senate on Wednesday, May 15, 1996, children themselves and do not possess care, and pass it. We clearly have an at 2 p.m., to hold hearing. the skills to properly raise their chil- overwhelming bipartisan majority to The PRESIDING OFFICER. Without dren. By requiring these minors to re- do that. That’s the clearest way to get objection, it is so ordered. main with their own parents or live comprehensive welfare reform signed SUBCOMMITTEE ON INVESTIGATIONS with another responsible adult, the into law this year. Mr. FRIST. Mr. President, I ask young family will be in a more secure unanimous consent that the Perma- environment which will produce a sta- Leaders in the House of Representa- nent Subcommittee on Investigations ble family rather than a welfare de- tives have spoken in favor of taking up of the Committee on Governmental Af- pendent family for years to come. the Senate bill. The President has said fairs, be authorized to meet during the Since January 1994, all Iowa welfare he could support the Senate bill and session of the Senate on Wednesday, recipients, not just teen parents, have has said good things about the NGA May 15, 1996, to hold hearings on Rus- been required to sign family invest- plan. So it is very clear that there is a sian Organized Crime in the United ment agreements which outline the path available to us to enact welfare States. steps the family will take to move off reform. We should take it, and quickly. The PRESIDING OFFICER. Without of welfare and a date at which time Mr. President, I am very concerned, objection, it is so ordered. welfare benefits would end. The Clinton however, that some seem to want to take a different course—one that is f personal responsibility contract re- quirement is modeled on the family in- clearly destined to result in more grid- ADDITIONAL STATEMENTS vestment agreement which is working lock, political fingerpointing and no very well in Iowa. welfare reform. The budget resolution Mr. President, as I have discussed passed out of the Budget Committee LET’S WORK TOGETHER TO PASS many times before, Iowa instituted a ties welfare reform to a poison pill— WELFARE REFORM statewide reform of the welfare system elimination of guarantees for elderly ∑ Mr. HARKIN. Mr. President, Presi- in October 1993. Since then, more fami- people in nursing homes to continued dent Clinton recently issued an execu- lies are working and earning income, coverage of their care through Med- tive order restricting welfare benefits the number of families on welfare has icaid. By block granting and severely to teenage parents. I commend the been declining and the amount of cutting Medicaid, health care for preg- President for taking this action to money spent on cash grant is down. In nant women and children would also be change welfare as we know it. His work short, welfare reform is working in placed on the chopping block. And the demonstrates his strong commitment Iowa. In 1993 and 1995, Senator BOND President has rightly said that this is to welfare reform. We in Congress and I introduced a common sense bi- wrong and would force him to veto a should build on his action by quickly partisan reform plan based on the good bill that contained it. passing a tough bipartisan welfare re- work being done in Iowa and in Mis- In an effort to clear the path for en- form plan. souri on reforming welfare. actment of welfare reform, I will be of- There is no doubt about the dramatic Mr. President, in February, the Na- fering an amendment to the budget res- increase in births to unmarried teens. tional Governors Association an- olution that would take out the poison nounced a bipartisan agreement on It is clear that we must take aggres- pill. My amendment will require con- welfare reform. At that time, I viewed sive and immediate action to address sideration of welfare reform separate the proposal as the vehicle to jump- this serious problem. from ending guaranteed coverage for start the congressional debate on wel- The Clinton administration would health care to millions of elderly and fare reform and restore bipartisanship change welfare policy to keep teen par- other Americans. This is the only hope to the process. This does not seem to ents in school, require teen parents to for welfare reform this year. So I hope be happening and I am very frustrated sign personal responsibility contracts that all of my colleagues who share my by that reality. and require minor mothers to live at support for comprehensive welfare re- There is no doubt that the current form will join me in support of this home. While this executive order is not welfare system is badly broken and in the comprehensive overhaul of the wel- amendment. desperate need of repair. Further, there I look forward to working with all of fare system that I feel is needed, it ad- is no question that there is strong, bi- dresses a critical concern—the increase my colleagues on this and other impor- partisan support in the U.S. Senate for tant issues during the remainder of of births to unmarried teenagers. It is welfare reform legislation. I still hold a good place to start. this session and ask that a summary of out hope that we can and will enact bi- the executive order be printed in the Just last month, the Iowa welfare re- partisan welfare reform legislation form waiver was modified to institute RECORD. during the remaining days of the 104th The summary follows: similar changes. In the future, minor Congress. parents in Iowa will be required to stay The current dependency inducing EXECUTIVE ACTION ON WELFARE REFORM in school and earn a high school di- welfare system must be replaced with Today, President Clinton announced ploma or GED and to live with their one that promotes independence and four measures to make responsibility parents or another responsible adult. self-sufficiency. One that sends the the law of the land, by ensuring that These changes will help build a welfare clear message to families on welfare teen mothers on welfare stay in school system that requires responsibility, that if you can work, you must work. and live at home. These four executive strengthens families, and promotes One that requires every family to take actions include requiring all States to independence by making families self- responsibility, from day one on wel- submit plans for requiring teen moth- sufficient. fare, to begin the journey off of welfare ers to stay in school and prepare for Without at least a high school edu- and into self-sufficient employment. employment; cutting through redtape cation, welfare parents are unable to There is overwhelming support in the to allow States to pay cash bonuses to get decent jobs that will make the fam- Senate for this kind of commonsense teen mothers who finish high school;

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5102 CONGRESSIONAL RECORD — SENATE May 15, 1996 requiring all States to have teen moth- moting responsibility, and protecting year the Odelsons gather out West in ers who have dropped out of school re- children. With this new initiative, Nevada for a reunion. I am sure that turn to school and sign personal re- President Clinton underscores his com- they, as do we, will celebrate their con- sponsibility plans; and challenging all mitment to helping welfare recipients tribution.∑ States to require minor mothers to live become—and stay—self-sufficient. f with a responsible adult. With these ac- President Clinton continues to call for TRIBUTE TO GEN. CALVIN A.H. tions, we’re focusing on one of the key a national welfare reform bill that gets WALLER components of welfare reform: parental these priorities right. Under welfare re- responsibility. And we’re putting form waivers, we’ve already freed 37 ∑ Mr. NUNN. Mr. President, today a young mothers on the right path, to- States from redtape to pursue innova- grateful nation paid tribute to one of ward employment and self-sufficiency. tive welfare reforms—more than under its true patriots and finest soldiers, Lt. REQUIRING TEEN MOTHERS TO STAY IN SCHOOL any previous administration. State Gen. Calvin A.H. Waller, U.S. Army Currently, 26 States require teen par- welfare demonstrations approved by (Retired), who died last Thursday. I ents to stay in school to receive assist- the Clinton administration now cover was privileged to be at the Fort Myer ance, 23 under waivers approved by the 75 percent of all welfare recipients na- Chapel today for General Waller’s me- Clinton administration. Ohio, for ex- tionwide.∑ morial service, conducted by Chaplain ample, has a model program called f (Major General) Donald W. Shea, with LEAP: Learning, Earning, and Par- Chaplain (Colonel) John Kaising. The enting. LEAP reduces checks of teen HONORING MARY WHITE homily was presented by Chaplain mothers when they don’t go to school, ∑ Mr. LIEBERMAN. Mr. President, I Shea, and eulogy were offered by Gen- and pays them a bonus when they do. rise today to pay tribute to a very wor- eral Waller’s son, Mark, and General Other States are trying similar ap- thy constituent, Mrs. Mary White. Mrs. Waller’s friend Lt. Gen. Julius W. proaches with our support. For exam- White is retiring this month after Becton, Jr., U.S. Army (Retired). Gen- ple, Delaware reduces benefits for tru- years of service to both her State and eral Waller was then interred in Ar- ancy, and pays teen mothers a $50 her country, by working for the Immi- lington National Cemetary. It was a bonus when they graduate from high gration and Naturalization Service. very moving and inspirational service. school. Colorado pays bonuses when Mrs. White spent 21 years in public Born in Louisiana, General Waller teen mothers graduate from high service. Her work for INS over the past was a product of the Army Reserve Of- school or receive a GED. 6 years has been exemplary, and has set ficer Training Corps [ROTC] program These States are putting teen moth- a very high standard for her peers. My at Prairie View A&M University in ers on the right path, toward employ- office, as well as many others, has en- Prairie View, TX. It is approximately ment and self-sufficiency—and all 50 joyed an excellent working relation- 45 miles from the place General Waller States around the country should fol- ship with the Immigration and Natu- called home—Houston. His dad was low their lead. That’s why the Presi- ralization service over the years, due in also a Prairie View graduate, and Gen- dent is directing all States to submit large part to the cooperation we re- eral Waller attended college to study plans to require school attendance ceived from Mrs. White. On numerous veterinary medicine, entering in 1955. among teens who receive welfare. And occasions she has performed flawlessly, Because Prairie View was a land grant to be sure they do, the Department of always keeping an attitude that fo- college—part of the Texas Agricultural Health and Human Services will do an- cused on helping others. and Mechanical College system—the nual surveys of their success. My best wishes go out to Mrs. White first 2 years of ROTC were mandatory. ALLOWING STATES TO REWARD TEEN MOTHERS and her family. May she enjoy this new In 1957, young Cal Waller signed up for WHO COMPLETE HIGH SCHOOL stage in her life, and be ever mindful of Senior ROTC status. As his friend and Today, President Clinton is also cut- the respect and esteem we hold her in. fellow Prairie View classmate, retired ting through redtape to allow States to f Lt. Gen. Marvin Brialsford, says, reward teen mothers who stay in ‘‘Being a senior cadet at A&M had a school and complete high school, in ad- RECOGNIZING THE ODELSON certain attractiveness to it; it was dition to sanctioning those who don’t. FAMILY prestigious, and we all could put the States would be able to give teen moth- ∑ Mr. SIMON. The late Sam and Rose $27.90 a month we were paid as senior ers cash bonuses for strong school at- Odelson of Chicago had 13 children, 8 of cadets to good use.’’ A life in the tendance, graduating from high school, whom served in the U.S. Armed Forces Army, however, was far from his mind. or GED receipt—without requesting a during World War II. After being commissioned into the waiver. Four served in Europe, three in the chemical corps and detailed into the REQUIRING TEEN MOTHERS TO SIGN PERSONAL Pacific, and one in the States. Two infantry, then-Lieutenant Waller at- RESPONSIBILITY PLANS were injured in combat, and altogether, tended the basic infantry officer’s Today, the Clinton administration is they earned 20 battle stars. Oscar course at Fort Benning, and then requiring all 50 States to ensure that served in the U.S. Army in Italy. Sid- served in the 8th Infantry Regiment at teen mothers on welfare who have ney, an Army veteran who landed at Fort Lewis, WA. Before his initial tour dropped out of school both return to Omaha Beach served in France and of duty was over, Lieutenant Waller school and sign personal responsibility Germany. Joe was also in the Army, had decided that the Army had the po- plans. These actions will help teen serving near the tail end of the war in tential for a career, or, as Secretary of mothers plan for their futures and turn southern France. Irving was one of the the Army Togo West puts it, ‘‘Fortu- their lives around. first sent overseas, serving in the nately for us, he took a liking to the REQUIRING MINOR MOTHERS TO LIVE AT HOME South Pacific. Julius was 89th Air- Army.’’ Under current law, States have the borne, Roy was in the Army Air Corps, To better utilize his love of science, option to require minor mothers to live Ben served with the 13th Air Force in Cal Waller returned to the chemical at home—but only 21 States have such the South Pacific for over 2 years, and corps, serving at Fort McCellan, AL; he requirements, 11 initiated under waiv- Mike was an MP in the Philippines. went on to serve in the Eighth Army in ers granted by the Clinton administra- All the eight Odelson boys returned the Republic of Korea; and in the 82d tion and 10 adopted under the State op- home after the war. A few stayed in Airborne Division at Fort Bragg, NC. It tion. Today, the Clinton administra- Chicago, the others moved out to was in the 82d Airborne, the All Amer- tion is challenging all 50 States to put sunny California to work in the insur- ican division, that the Army realized minor mothers on the right track by ance, furniture, or restaurant business. what a natural leader and exceptional requiring them to live at home or with With the recent commemoration of planner he was. Cal was one of the a responsible adult in order to receive the 50th anniversary of World War II, it youngest officers in Army history to be assistance. is fitting to recognize the achieve- selected for the Army’s Command and ENDING WELFARE AS WE KNOW IT ments of this family. I salute these General Staff College at Fort Leaven- The President’s goals for welfare re- brothers and their family for their self- worth, KS, and upon graduation was form are clear: requiring work, pro- less commitment to our country. Every immediately assigned to the staff of

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5103 the U.S. Military Assistance Command, Waller returned to command I Corps, Mr. DOMENICI. Tomorrow the Sen- Vietnam. Washington, and began making plans ate will resume consideration of the After a tour in Washington, then- to retire. His Army service spanned 32 budget resolution. Additional amend- Major Waller began his career as an years; he had gone from a platoon lead- ments are expected to that resolution, armor officer—a tanker in Army jar- er commanding 40 soldiers to com- and it is still the intention to complete gon. He attempted to stay assigned manding general of I Corps and Fort action on the budget resolution this with soldiers and combat-ready units Lewis, where he was responsible for week. All Senators can therefore ex- and served in the Federal Republic of over 100,000 personnel. pect late night sessions and rollcall Germany, Fort Carson, CO, Fort Stew- After retiring in 1991, General Waller votes throughout the remainder of the art, GA, and Fort Bragg, NC. In those returned to his love of science and was week. assignments, his natural leadership active in environment restoration ef- f abilities blossomed. A former Army forts for a number of companies. I last MORNING BUSINESS Chief of Staff Gordon Sullivan noted, saw Cal in August 1995 at a conference ‘‘Cal Waller loved soldiers. He had a in Aspen, CO. He drove down from Ar- Mr. DOMENICI. I ask unanimous natural touch with soldiers, and sol- vada, CO near Denver, where he made consent that there now be a period for diers loved him. I believe there are his home. He was, as always, in a great morning business for Senators to pay some men who have the ability, by mood and enjoying life. We played a tribute to our dear friend, the majority their very presence, to calm the waters round of golf, and had the opportunity leader. in crisis situations. Cal Waller was for a lengthy visit. He noted how he The PRESIDING OFFICER. Without such a man.’’ was both enjoying and contributing in objection, it is so ordered. In 1987, it was time to return to the his second life. Mr. EXON. Reserving the right to ob- Federal Republic of Germany and com- But he never really left the Army, ject, and I shall not object, I just want mand of the 8th Infantry Division and the Army never left him. As Army to emphasize what the Budget Com- (Mechanized). It was there that I first Chief of Staff Denny Reimer notes, mittee chairman has said. There is met Cal Waller. I traveled with my ‘‘The performance of our soldiers great determination, especially on that staff director from the Senate Armed throughout the world * * * have their side, to complete action this week on Services Committee, Arnold Punaro, roots in (his) concerned leadership— this budget. Whether or not that is and then-Colonel Frank Norton of the making sure soldiers were properly going to be possible, we run over into Army Senate Liaison, who I am now trained for the task at hand and ensur- Saturday or Sunday, as was indicated fortunate to have on my staff. We vis- ing their families were well-cared for to me as a possibility by the chairman ited General Waller in Baumholder. while they were gone. He was a patri- of the committee, I simply emphasize After visiting soldiers and observing otic American, a consummate soldier if people could get their amendments training on the multiple launch rocket and a wonderful human being.’’ to us, as he has indicated, by noon to- system, we then had lunch together His friend and fellow soldier, Gen. morrow so that we would know at least with some local German supporters of Colin Powell says, ‘‘His ability to preliminarily where we are on these the U.S. Army. It was obvious they touch the lives of so many in such things, then we can possibly allot and held Cal Waller in high esteem. For my meaningful ways was legendary. We cut down some time on some of these part, I was greatly impressed with Cal will miss him greatly.’’ I certainly things to expedite the proceedings Waller’s professionalism and con- agree. which I think we all would like to do. fidence, his technical acumen, his car- Mrs. Waller and her sons Michael and So I endorse the statement that was ing attitude for his soldiers and their Mark know better than any of us the made by the chairman of the com- families, and his wonderful, self-depre- great loss our Nation has experienced. mittee and thank him for his coopera- ciating sense of humor. We developed a They bear their grief with dignity and tion. Mr. DOMENICI. I say to all Senators, friendship, and I was grateful that our courage—I know that Cal Waller is there is another full budget going to be paths crossed on a number of occasions proud of them. offered by Senators CHAFEE and during his career and each time I was His unselfish service to the Army and BREAUX in behalf of themselves and with Cal, I learned from him. our Nation is a testament to Cal many Members from both sides in due After his most successful tenure as Waller’s sense of duty and honor. Our course sometime later tomorrow or Commander of the 8th Infantry Divi- military forces have been strengthened Friday. They will have an opportunity sion, General Waller returned to Fort by his contribution, and America has to offer that also. So there will be Lewis as the Commanding General of I been enriched by his many accomplish- three total proposals that we will have Corps. He continued to be assigned to I ments. I can offer no farewell to Cal considered. Corps while deployed from Fort Lewis Waller better than that extended by his to serve as Deputy commander in Chief son mark in his eulogy: ‘‘Ride swiftly, f of the U.S. Central Command, with great Buffalo soldier.’’∑ ORDER FOR ADJOURNMENT General Norm Schwarzkopf, for Oper- f Mr. DOMENICI. Madam President, if ations Desert Shield/Desert Storm. ORDERS FOR THURSDAY, MAY 16, there is no further business to come be- General Schwarzkopf writes of his rela- 1996 fore the Senate, I now ask that fol- tionship with General Waller in his lowing morning business, which we autobiography ‘‘It Doesn’t Take a Mr. DOMENICI. Madam President, I ask unanimous consent that when the have just agreed to, the Senate stand Hero.’’ He says (pg. 392): in adjournment under the previous In mid-November Lieutenant General Cal Senate completes its business today it stand in adjournment until 9:30 a.m. on order. Waller had reported to Riyadh as my deputy The PRESIDING OFFICER. Without Thursday, May 16; further, that imme- commander in chief: now I had someone to objection, it is so ordered. help me ride herd. Cal was a friend who had diately following the prayer, the Jour- Who seeks recognition? worked for me in two previous commands. nal of proceedings be deemed approved Mr. SIMPSON addressed the Chair. Shrewd, soft-spoken, and given to quoting to date, no resolutions come over under The PRESIDING OFFICER. The dis- sayings he’d learned from his grandmother the rule, the call of the calendar be dis- tinguished Senator from Wyoming is in Louisiana, he was also tough and effec- pensed with, the morning hour be tive. He’d been my first choice for the job: recognized. he’d come up through the Army as an armor deemed to have expired, and the Senate Mr. SIMPSON. I thank you, Madam officer and understood logistics; also I knew then resume consideration of Senate President. I didn’t intimidate him at all. We trusted Concurrent Resolution 57. That is at f each other to such an extent that he could 9:30 a.m. At such time, the Democrat walk into my office and say point-blank, leader, or his designee, will be recog- TRIBUTE TO BOB DOLE ‘‘Hey, something’s all screwed up, it’s your nized to offer the President’s budget. Mr. SIMPSON. Madam President, ap- fault, and you need to know about it.’’ The PRESIDING OFFICER. Is there parently at this point in the order of After the success of Operations objection? the day, it is appropriate to make some Desert Shield/Desert Storm, General Without objection, it is so ordered. remarks about a very special man who

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5104 CONGRESSIONAL RECORD — SENATE May 15, 1996 has made a very dramatic announce- ticular arena and go out into the land, young Senator to wade into. Then he ment today. Let me just say that I not as the Senator from Kansas or the has had these distinguished leadership speak from perhaps a little special van- majority leader of the Senate but as an positions as minority leader, as chair- tage point because I served as the as- American citizen from Kansas, who, as man of the Finance Committee, and sistant leader to BOB DOLE for 10 years. he said so very beautifully, is either now as majority leader. But always he Those were 10 of the finest years I have headed for the White House or home. I exhibited the will to fight and he spent in public life, and I have had intend to invest a great deal of my ef- showed the courage to get the job done. some very exciting times, and some forts in seeing that he gets to the Knowledge is a word that comes to less exciting times, in public life. But former location rather than the latter. my mind with BOB DOLE. I have been the 10 years serving as first lieutenant I thank the Chair. absolutely amazed at the awareness to BOB DOLE as he served as our cap- Mr. LOTT addressed the Chair. and the knowledge he has of the intri- tain were tremendously satisfying and The PRESIDING OFFICER. The dis- cacies of this institution. They are not gratifying years for me. tinguished assistant majority leader. easy to understand and very difficult Let me just say that the decision he Mr. LOTT. Madam President, I, too, to master, but he has a sixth sense of has made today is one that is typical of rise to join in expressing my great re- how this body works, has worked, and, BOB DOLE in that he thought that thing spect and admiration for our majority maybe even more important, should through for a long time. He talked with leader, BOB DOLE. We all know here in work. So I think his knowledge of this people he respects and admires and this institution of his great leadership. institution, his great reservoir of mem- cares for, and he came up with a deci- We know that he already holds the ory and experience, will be something sion which is going to be very good for record of being the leader of the Repub- we truly will miss. him and very good for the United lican Party longer than any other man And humor: Those across the country States of America because the greatest in the history of the Senate. We know who do not see BOB as we see him every part of it will be that he will be out in he has been in the Congress some 35 day may not be so familiar with that the land and the people of America will years, I believe, and that he has been Kansas wit that he has, that crack, see him and the people of America will elected six times to be the leader of the that moment when he says something see Liddy Dole at his side. BOB DOLE Republican team, having already that breaks the tension. He has a and Liddy Dole will be deeply impres- served 11 years in that very critical po- unique sense of humor and it has been sive to the American people. sition. greatly, mightily employed to help this The greatest pleasure I have is know- But there is a lot more to BOB DOLE place work over the years. ing that they will get to know him in and his career than those records. His Now he has made another tough and the same way that we here know him, is a remarkable career that will go courageous decision, to leave the life of in the same way that I know him as an down in history, I think, as one of the public service that he has known so extraordinarily deep, complex, com- ones who will be remembered and well and loved so much here in the Sen- petitive, compassionate, complete pointed to as exemplary as a Senator ate. As our Republican nominee, he has man, a steady man of great, great sen- and a leader who really loved the insti- decided to leave the Senate and focus all of his time and attention on the sitivity. I have seen all those at- tution and did the job magnificently. quest for the Presidency, and that is as tributes. Many of us who have worked There are some words that come to it should be. Up and out—he has taken with him have. mind when I think about what I have So it is going to be a wonderful thing observed in BOB DOLE serving these the ultimate political risk. He has to see him go forward from this place past 16 months as his whip, and I have given up his Senate seat and his posi- where we will no longer have the usual come to really appreciate the tremen- tion of leadership to energize his ef- stuff. We would pull the same tricks if dous insight and leadership that he forts and to focus his attention on the we would have had the same lay of the does have. So leadership clearly is one needs of our Nation. It is an act of principle. He has made a personal sac- land. It is no reflection upon the fine word that BOB DOLE has exhibited over rifice that we all know means a great leadership of the minority, Senator all these years. He has never shied deal to BOB DOLE and tells us so much DASCHLE. I wish to compliment him in away from the tough issues, whether it was bipartisan efforts to save Social about the man. a very class act in being there at the Serving his country in wartime and press conference today, along with Sen- Security, to tax reform, to critical for- peace, BOB DOLE has sacrificed for eign policy responsibilities our Nation ator BRADLEY, along with Senator America. He has taken a bold action KERREY of Nebraska, along with Sen- has had to face. Many times he stepped and, as he said today in his speech ator HARKIN and Senator WELLSTONE. up and endorsed a position which when he announced that he was mak- Those were acts of political grace. We might not necessarily have been the ing this move: With all due respect for do that with ourselves and among our- popular position in the country or here Congress, America has been my life. selves. in the institution with his own col- I think that truly speaks well of You have to remember that when we leagues, but he did what he thought what BOB DOLE has done today. I do do this act, and we do some of that—a was right and the responsible thing to not believe we have seen the last of little bit of theater—as I say, we would do for our country, particularly in for- BOB DOLE in the Senate or in service to have been doing some of that had the eign policy. our country. We will see and hear much tables been reversed, but finally it does BOB DOLE is clearly recognized on more from him. And we all join in ex- get to be rather an exhausting process. both sides of the aisle as a man of his pressing our great love and apprecia- It is like getting pecked to death by word and a man of fairness. When BOB tion for what he has done for us indi- ducks and you want to get away from DOLE tells you you can count on some- vidually, for this institution, for our it as fast as you can. He has, and he is thing, whether it is in the Finance party, and for our country. smart to do it, and now the show can Committee or between leadership, you I yield the floor. start. do not have to worry about it. He will Mr. COCHRAN addressed the Chair. For me, it has a western vernacular. stick to his word. Fairness is a corner- The PRESIDING OFFICER (Mr. It is like taking the hood off of a hunt- stone that I have seen. BROWN). The senior Senator from Mis- ing falcon and now the prey is being Certainly we all know of his courage, sissippi is recognized. observed and the prey is right there at both on the battlefields in Europe and Mr. COCHRAN. Mr. President, I am the end of 1600 Pennsylvania. That is a the rough and tumble of American poli- very pleased to be able to join my good pretty dramatic reference, but it is like tics. BOB DOLE has fought the good friend and State colleague, and the dis- an eagle with the tether off. It is like fights. He has been a local elected offi- tinguished Senator from Wyoming, in a race horse without the leg irons, and cial. He was in Congress. He was head saying how sincerely and deeply we re- that is BOB DOLE. Boy, I tell you, he is of the Republican National Committee. spect the decision that BOB DOLE has going to run quite a race, and the peo- As a young Senator he was the pa- made and announced today, that he ple of America are going to be very trolman back in the back of this Cham- will resign his seat in the U.S. Senate proud and very, very impressed by BOB ber who was willing to get involved in to seek the Presidency of the United and Liddy DOLE as they leave this par- the fights that sometimes it takes a States.

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5105 I think this truly does signal the be- are in the Presidential polls right now, ing on the Finance Committee, and ginning of the race for the Presidency. you look at our State. He is way out in what that law did, in fact, preserved Obviously, as majority leader of the front and he is going to stay way out in the Social Security system. Senate, BOB DOLE has had an enormous front. But Senator DOLE goes beyond that, responsibility for the schedule of the But he has been a man of courage all in my mind, because I see him with the Senate, for doing all the things that of his life. We are familiar with his war Secretary of Transportation, when she are required of a leader in the Senate record and what he suffered in World came to Alaska, standing on the back to do. He has done them all with great War II as a young man, and it just of a railroad car, the type of railroad skill and in a way that has reflected an makes your heart ache to think about car that former Presidents have used, enormous amount of credit on the U.S. what he has been through and what he or Presidents or candidates have used, Senate. has overcome, to do with his life what as they made whistle-stop campaigns I am confident the decision to resign he has done with his life and to really through the country. I hope BOB DOLE did not come easy to him. We have all give it to the United States in public does that as a candidate. had an opportunity to be with him service—not to privately enrich him- Clearly, I saw the way that he met today in meetings, first a small group self in any way. He said, I am not a with our Alaska Native people, with in the leadership, then in the Repub- person where Congress is my life. Alaskans, and the way he enjoyed the lican conference, and then to hear his America has been my life and it is my outdoors and really has been quite sup- public statement that he made in the life. And it truly is his life. portive of those of us who represent Hart Senate Office Building. Through- So it is with a great deal of respect our State. out all of those conversations it be- and some heartfelt remorse, too, that The BOB DOLE I know is a man who came obvious to us what a difficult de- he will be leaving the Senate, that I you never have to ask him twice where cision it had to be. But I think it also stand tonight to salute him as a great he stands. You can take his word to the shows the willingness of BOB DOLE to American, a great Senator, a great bank. And the decision he made today do what he has been selected to do and statesman. We are all very proud of literally brings tears to my eyes, be- that is to be a candidate for President BOB DOLE. cause I know that he has committed of the United States. His party has, in The PRESIDING OFFICER. Who himself to service in the Congress and effect, nominated him as our can- seeks recognition? The distinguished distinguished himself here. didate, and he has said, ‘‘You have my Senator from Alaska is recognized. He has been willing to set that aside full commitment. All of my energy, all Mr. STEVENS. Mr. President, it is and to tell the country, as he did, that of my effort, without distractions, no with a sad heart that I join these com- he has two destinations after he leaves more ambushes here in the U.S. Senate ments about the majority leader. I here on or before June 11: either to the from our friends on the other side of have known Senator DOLE for a long White House or back to Kansas. I think the aisle, or from wherever—all of my time and I have known him as a man that took great courage and real deter- energies and my commitment will be whose is unquestionably a leader. mination and commitment, the kind of directed to achieving success and win- There are people who have manner- commitment that other people may ning the election campaign.’’ And I isms that come from various experi- not understand, but we understand predict that he is going to win this ences in their lives. Whenever I think what it means to us. election campaign. of BOB DOLE, I think of a great many I have been here when several people We are going to miss him very much men I have known in my life who were ran for the Presidency. They did not as our leader. He has been a true friend tested in war. He not only was tested resign. They left their seat vacant and to so many of us, and certainly to me, but he was severely injured and really missed vote after vote, and there were during the time that I have had the came back in a miraculous way, decisions made here that should not honor of working with him here in the through the support that he got from have been reached if they had been Senate, and even before. his own townspeople in Kansas, here. I was thinking back to President I never will forget when he came to through, really, the skill of a great sur- Kennedy and his campaign. He was Mississippi as a new Member of the geon in Chicago. But he came back and gone a long time. Lyndon Johnson was Senate to defend those who were in decided that the country that had gone a long time. Many others had charge of disaster benefits after Hurri- given him that opportunity to recover been out campaigning, and they had cane Camille had struck our gulf coast from the effects of war was a country been gone and missed votes. in 1969. There were some in the Senate that he owed something to, and he has This candidate, as leader, has not who were prospective candidates for committed his life, really, to trying to missed many votes. But now he has de- President who were on the other side of make America a better place. cided he must commit his full time to the aisle who chaired the committees. I really do not—it is not too often his quest for the Presidency. He has They came down to investigate how when I sort of puddle-up in public. made a very courageous decision. I sa- our State was disbursing disaster bene- When I think about BOB DOLE, I do, lute him. I will say other things later fits and suggested, with a lot of na- particularly after this decision today. I after he does leave. Unfortunately, we tional attention, that we were dis- remember being with BOB DOLE when sometimes wait too long to say them. criminating in our State against some we met with people who were disabled. But I think that BOB DOLE has a love of our citizens in that process. And it Everyone knows that BOB was disabled for the Senate and the Senate has really was blatant posturing and trying coming out of the war. But he has, be- shown its love for him in responding to to take advantage of an emotional sit- cause of his own experience in coming his leadership. We are going to miss uation, to curry favor in the national back, committed himself to help those, that leadership, and I hope that those political arena. not only get a chance for recovery, but who follow him understand the Senate BOB DOLE, young, new U.S. Senator, help those who did not have the same the way BOB DOLE does. could see through that and he defended miracle of recovery that he had. And Thank you, Mr. President. our elected Governor and the other of- the disabilities laws we have now are The PRESIDING OFFICER. Who ficials in Mississippi who were working laws that, as the preceding speaker seeks recognition? very hard to try to take care of a situa- said, future generations will look to. Mr. MCCONNELL addressed the tion and deal with an enormous dis- They will look to what we did during Chair. aster. Huge money damages had been our watch here in the Senate and they The PRESIDING OFFICER. The Sen- lost, a lot of personal suffering; lives are going to find a great many marks ator from Kentucky is recognized. had been lost. BOB DOLE was willing to made by Senator BOB DOLE, even be- Mr. MCCONNELL. Mr. President, by come down and stand up for what yond being a leader. any standard, this has been the kind of would have been a politically incorrect The work that he did, along with oth- day that takes your breath away, one cause, defending the State of Mis- ers, in saving the Social Security Sys- of those days that you will always re- sissippi. I remember that, and all of tem involving a bipartisan solution, al- member. Mississippi remembers that. If they though it is not totally permanent, was Everyone on this side of the aisle had wonder why the numbers are like they historic. What Senator DOLE did, work- an opportunity earlier this afternoon

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5106 CONGRESSIONAL RECORD — SENATE May 15, 1996 to sit down with the majority leader as illustrate better the respective char- ways livens everything with his humor. he explained this momentous decision. acters of the two candidates for Presi- He said to us today, ‘‘I’ve been think- I looked around the room, and I do not dent of the United States, any state- ing about this for 2 months. I made the think there was a dry eye in the place. ment of fact that can better illustrate decision about 30 days ago. The reason Not a one. Everyone sensed that this the different direction in which ROBERT that it didn’t get out, in a town that is was a moment of historical signifi- DOLE will take the United States as known for leaking, is because I didn’t cance, and, indeed, it is. We witnessed President. tell one U.S. Senator about it.’’ Of one of the great men of American his- So, for him, while some have charac- course, we all laughed, because that tory make a dramatic and important terized his action as principled, others was true. decision that virtually everyone I as unprecedented, the word that comes He had kept his counsel. He had made know thinks was the right decision, to most quickly to my mind is principles, this decision, as he so often does, by put this magnificent congressional ca- the same kind of principles which have himself with his wife Elizabeth. He reer behind him and to move on to the actuated his entire life—his childhood, knew it was right. When we first start- next challenge. his military service, his recovery from ed hearing about it today, many of us My oldest daughter happened to have a terribly debilitating injury—and his said, ‘‘Oh, no; that must be a mistake. been in town today, and I said, ‘‘Your entire political career. He’s going to step down from leader- timing couldn’t have been better. Come Of course, Mr. President, from a ship, but not from his seat.’’ Then the with me. I’m going to let you experi- strictly campaign point of view, this more we heard about it, we thought, ence something you will remember for gives Senator DOLE the opportunity ‘‘Well, of course. That is BOB DOLE’s the rest of your life.’’ We walked over full time to share his vision of the fu- genius that he would see so far ahead to this crowded room, 902, that we were ture of the United States and his ideas of the rest of us that, yes, indeed, he all sort of huddled around in to listen about the widest of our public policy was going to give up his seat because to what one of the skeptical com- questions with the people of the United he began to see that this election is a mentators, who usually finds no good States who most unfortunately do not crossroads, and he must show the in politicians, uttered tonight on the know him in the way in which you and American people who he is, what he stands for, and what integrity and evening news was the finest speech BOB I and our other colleagues here in this character he has.’’ He knew that he DOLE ever made. body know him. That, I believe, will be So, Mr. President, we are here to- an advantage to his campaign, a clear could not do it talking about amend- night to celebrate the end of a remark- advantage to the people of the United ments to amendments. He knew it had able career and for many of us to look States and a terrible loss to all of us to come from the heartland and from forward to the next challenge, which is who serve here in this body. the heart. So every one of us are thrilled for BOB DOLE, unencumbered by past re- We will miss his wisdom, his sound him, thrilled that he has made this de- sponsibility, stepping forward to counsel, his never failing sense of cision because we know the mission is humor more than any of us can pos- present to the American people his the highest of all. That is to make the sibly state on the floor of this body plans for the next 4 years. changes in America that will give I would be less than candid if I did here this evening. But we give him up every child in this country the same not say this is probably the most ex- to a greater cause, the cause of sharing benefits and opportunities that BOB hilarating moment that people on this these qualities of character and person- DOLE himself has had by having the ality and of purpose with the American side of the aisle have enjoyed in the great good fortune to grow up in this people. This is the contrast, the con- last 3 months. It is no secret this has country. not exactly been the height for the Re- trast in character and the contrast in He grew up in Russell, KS, in a work- publican national campaign the last direction for America, that this day ing family. He has known hardship. He few weeks. So it has provided an oppor- and this action have so magnificently has known tragedy. He has stood the tunity to take a second look at what illustrated. test of extreme injury and pain, being this man would do for America in the The PRESIDING OFFICER. The Sen- told that he probably would not walk next 4 years. ator from Texas is recognized. again, being told that if he walked, it So it is with a great deal of excite- Mrs. HUTCHISON. Thank you, Mr. would be with a limp, knowing that he ment, but also sadness, that we mark President. could overcome this with the grit and the movement of BOB DOLE on to a new Mr. President, I rise to join my col- determination that the great upbring- plateau. leagues in paying tribute to our leader ing in the heartland of America would When the history books are written and in just saying from our hearts how give him. about this institution and they pick much we respect the decision that he He has never forgotten that oppor- out the few Senators who really made made, this bold and courageous deci- tunity. As I go on the campaign trail a difference for America, there is not a sion, and how much we will miss him. with him or as I walk down the hall doubt that the Senator from Kansas As has been mentioned, there was not with him, jaunty as he is, I always see will be near the top of the list. We wish a dry eye in our caucus today when he that BOB DOLE knows his bearings. He him Godspeed in the challenges ahead. made this announcement. He and Eliza- has never had anything easy in his life. Mr. President, I yield the floor. beth and Robin came in, and it was just He has fought hard. He has stood the The PRESIDING OFFICER. Who the Republican Senators, and they tests that have been thrown at him seeks recognition? said, ‘‘This is like family. It’s like say- time after time. The Senator from Washington is rec- ing good-bye to family.’’ But this is a He wants every American child to ognized. man that America is now going to be have the same opportunity that he did. Mr. GORTON. Mr. President, on De- able to see, who is deeply rooted in this His mission is to make sure that they cember 5, 1992, President-elect William country, and who knows exactly what do. So we love him. We are going to Clinton resigned his position as Gov- he wants to say to the American peo- miss him. But every one of us are going ernor of Arkansas. On that date, of ple. to be with him on the campaign trail course, he was assured of another job, He made the decision by himself. But talking about the message that Ameri- after having remained as Governor he could not speak on the Senate floor, cans want to hear: What are you going through at least the full year in which talking about amendments to amend- to do for our country? What he is going he devoted very little time and atten- ments and quorum calls and cloture to do for our country is prepare for the tion to that governorship. On this day, votes, and get across to the American future, to go into the 21st century May 15, 1996, Senator ROBERT DOLE an- people how very important his goals without a deficit, saving Medicare, nounced his resignation not only as and his mission and his vision for this with welfare reform, making sure that majority leader of the U.S. Senate, but country are. we take care of the truly needy but as senior Senator from the State of He knew that he had to go out into making sure that we look to the future Kansas. America as an American, not as a Sen- for our children and grandchildren. Mr. President, I cannot think of any ator, and speak from the heart. He That is what this man is going to do. two facts taken in juxtaposition which made that decision. As usual, he al- He has put that ahead of his own career

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5107 and his own life, because he knows how moral courage. Sometimes I think Senator from South Carolina, as well important this is to the American peo- moral courage is even greater than as others who have spoken out. ple. God’s speed, our friend. physical courage. He could stand up to Mr. President, there can be no doubt Mr. THURMOND addressed the Chair. people when he knew they were wrong for those of us who listen to Senator The PRESIDING OFFICER. The dis- and tell them so in a courteous way. I DOLE’s remarks today that this was tinguished President pro tempore. just feel that his courage was one of truly one of the great events in Amer- Mr. THURMOND. Mr. President, the strong factors in his life. ican history. One had the sense and the today Senator BOB DOLE announced Then, too, he is a man of great capac- feel that great things were taking that he will be stepping down as a ity. He could not have done what he did place. Member of the U.S. Senate. He has an- here in the Senate as majority leader if Great, I suppose, partly because we nounced his resignation. I have been in he had not been a man of great capac- admire and respect BOB DOLE so much, the Senate for 40 years. I have been ity, a man of great ability, who has led but I think truly great because what he here with many leaders, majority and this Senate so wise and so well for so did is so unusual. Here is someone who minority leaders. I can say that he is long. Yes, his capacity has been a great has achieved more success in the Sen- one of the ablest and finest leaders asset to this Nation. ate than just about anyone who has that this country has ever had serving BOB DOLE is a man of conviction. He ever served in this body. Here is some- in the Congress of the United States. knew what he stood for and he stood one who has been elected Republican He is a man of principle. He stands for it. He knew right from wrong and leader more times than anyone in the for what is right. He felt it his duty, he followed the right. A man whose history of our Nation. Here is someone since he is going to run for President, ideals were high, a man we could all be who was willing to risk it all for a to give his full attention to that cam- proud of because of his exemplary con- higher calling. It is a little like a tra- paign. He felt he could not do both, duct and ideals. peze artist who goes up to the high look after the Senate’s work and run Also he is a man of compassion. He wire then instructs the folks to cut for President, too. could walk with kings, yet he felt most down the safety net. Not many people Unlike some people who have at- at home with the common people. I do it. tempted to do both, he will give up all have seen many instances in which he Yes, there are some, but most polit- of the power in the Senate. He, as the showed great compassion here with em- ical leaders are happy to be secure in a majority leader here, has served the ployees and with members of the pub- job, to have the paycheck, to have the longest term, I believe, of any majority lic, with the unfortunate, with the dis- staff, to have the strength of the office leader in history. abled, with the troubled. Everybody at while they run for another. They are He has made a fine record. He will times has a problem. He took pleasure not shy about using where they are at to get where they want to go. give all that up because he wants to do in helping people to solve their prob- What was so unusual about today is his duty and feels he could not run for lems. He is a man of compassion and a BOB DOLE cutting the safety net and President and also look after his duties man who loved people. putting it all on the line. For those here in the Senate. In all of these things he was cour- who remember Rudyard Kipling’s great Mr. President, he knows what respon- teous. In his position here as majority poem ‘‘If’’ you are reminded of the line sibility means. He felt he could not be leader he could have been short with ‘‘and risk it on one turn of pitch and responsible to run in the campaign and people and he could have said things toss.’’ That is what BOB DOLE has been run the Senate, too. So what did he do? and gotten away with it. That would doing. He has put everything he has on Since he is going to run for President, not have been characteristic of BOB the line. He said it best: ‘‘I’m either he decided to resign from the U.S. Sen- DOLE. He was always nice to people. He going to go to the White House or I’m ate. He is giving up all of his power, as always tried to help people. For that going to go home.’’ It is so typical of probably the most influential Member reason, we highly respected him. Be- the kind of human being that BOB DOLE of the U.S. Senate, in his position as cause of all these good qualities, the is, one cannot help but be thrilled and majority leader, and as an able Senator Senate has lost an ideal person. This exhilarated by the sheer determination giving it all up. How many people country has lost a wonderful public and the courage that he shows. would do that? Most people would hang leader. This is not a normal politician. This on, say, ‘‘Well, I can run for the Sen- I predict it will not be long until he is an extraordinary American who has ate, I can run for the President, and will, in his campaign, be successful and left the leadership of the greatest de- stay in the Senate and still do my job.’’ become President of the United States liberative body in the world to cham- Not BOB DOLE. He is not that kind of a and render an even greater service. I pion and seek out the Presidency of the man. He does not do things halfway. He predict that history will record him as United States. He is different. One can- puts his heart and soul into whatever one of the great persons of this century not help but recall Lyndon Baines he does. That is the reason he resigned and of history, known for what he has Johnson running both for the Senate from the Senate. done in the past but also for what he and for Vice President at the same Now, in my opinion, that shows char- will do as President of the United time. The people of Texas elected him acter. I do not know of any quality States. I am proud to claim his friend- in both offices. They understood some- about any person, man or woman, that ship. I am proud that he is an Amer- one’s desire to have a safety net, to be is better than that of character. His be- ican. I am pleased that he took the secure, to be safe, to have a forum be- havior in public life and in private life step he did today which shows fore they moved ahead. has been exemplary. He does not know strength, courage, and principle. We While we did not condemn those that how to do wrong. We are proud that he look forward to his coming back to the seem to be safe, to take the safety is such a man. We are proud that he Government as President of the United route, to preserve their spot, strength has lived the life he has and one with States. of power and influence, we cannot help such outstanding service to this coun- BOB DOLE is blessed with a devoted but admire those who are willing to try. and lovely wife, Elizabeth. She is a risk it all, whose commitment to the He is a man of courage. In World War great person in her own right and American purpose and the American II he served in the armed services in serves as president of the American cause is so great they put that ahead of Italy. He was shot in the arm and other Red Cross, former Secretary of Labor, their own safety, of their own security, parts of his body. They thought he was and former Secretary of Transpor- and of their own beloved career. No one going to die but he managed to survive. tation. should doubt that BOB DOLE loves the So many people felt he had no chance She has been an inspiration in his life Senate. It shows in the way he con- to recover but he would not give up. He and will continue to be a great asset to ducts himself and the things he accom- is a fighter. He kept on keeping on him in every way possible in the years plishes. until he finally restored his health and ahead. God bless her. Also, it would be a mistake for any- then returned to private life again. Mr. BROWN. Mr. President, I rise body, anywhere, to think that BOB Yes, not only did he have physical also to pay tribute to Leader DOLE and DOLE is not serious about the Presi- courage with the enemy but he has join my colleagues, the distinguished dency. This is someone who has not

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5108 CONGRESSIONAL RECORD — SENATE May 15, 1996 been halfhearted in his commitments. not made a clear commitment. I be- And so, out of that, I came to have a He was not halfhearted when he put his lieve BOB DOLE shared my concern great admiration for BOB DOLE as I saw very life on the line in World War II. about the deployment. He said so, him in action on the Finance Com- He was not halfhearted when he won a frankly and honestly. But he also was mittee. Then came his leadership here chest full of Purple Hearts. He was not concerned about America’s influence in 1984, succeeding Howard Baker. And, halfhearted when he faced a lifetime of and prestige and the President’s ability again, BOB DOLE had exerted those ex- being handicapped. He was not half- to deal with others around the world. traordinary characteristics of leader- hearted when he determined in his own He passed up a chance to embarrass the ship—paying attention to the needs of mind and in his own heart that he President of the United States by vot- all of his members, his flock, as it would walk again and that he would ing for that resolution, by voting to were, and leading us with clear direc- move again and that he would over- sustain the President on a policy that tion and with zest and always with come that handicap. he did not like. For BOB DOLE, it was good humor. I suppose there is nobody This is not the average person or the more important to support this Nation who made us, as Senators—whether we normal person who would take the safe and support its Commander in Chief were in our caucuses, or whether on the way. This is someone of incredible than it was to gain a political advan- floor here—laugh so much, with his commitment and dedication and per- tage. quick wit and one-liners, as BOB DOLE. sonal courage. This is someone who Some could disagree with his vote. I And now, of course, he has announced threw down the gauntlet in the Presi- did. But none could disagree with his this afternoon that he will be leaving dential campaign today in a stronger, motivation. For him, what was impor- the floor of the Senate, where he has clearer way than I have ever seen be- tant was America and the viability of served with such distinction for many fore. This is someone who put behind the Commander in Chief, even though years. As others have pointed out, he is him not only his beloved Senate, but he was someone BOB DOLE disagreed the longest-serving majority leader in all of his safety net, to say that what with. That kind of integrity, that kind the history of our Nation. To me, it is he ran for and what he sought to do for of honesty, and that kind of commit- not surprising that he is leaving. Yes, I America was more important than any- ment to our Nation are surely qualities was surprised, as everybody was, by the thing that affected BOB DOLE. that are not only rare, but desperately announcement that came today. But It is very typical of the kind of needed. when one thought about it, there is no human being that BOB DOLE is, because I do not know what our Maker has in reason for surprise, because it seems to I believe BOB DOLE is a real thing. He mind for BOB DOLE. He has tested him me that BOB DOLE’s life has been is a Kansan —a Kansan who grew up in in ways that many of us have never marked by a sense of duty. And he saw a way so that he never complains. He is been tested. But I cannot help but be- a duty here. a Kansan who has grown up in a way so lieve that BOB DOLE’s service is not fin- He has received the nomination of that he does not seek excuses. He is a ished yet. In an hour when our country the Republican Party for President. Kansan who grew up being taught to desperately needs his integrity and But he looked on and weighed the fac- say what was on his mind, to say what character, I am glad there is a BOB tors and saw he could not be serving he means and mean what he says. That DOLE—the real thing. the people of Kansas while he was still is partly why he is so beloved in the Mr. CHAFEE addressed the Chair. here trying to do two things at once. U.S. Senate. Unfortunately, it is partly The PRESIDING OFFICER. The Sen- Nor could he serve the people of the why he is somewhat unusual in modern ator from Rhode Island is recognized. United States in the fashion and style American politics. Mr. CHAFEE. Mr. President, I first he felt they were deserving of. And so, Some will say there is quite a con- got to know BOB DOLE well 18 years ago in responding to this sense of duty that trast in the race that BOB DOLE has when I went on the Finance Committee he give his best to the office he was joined. I am one who thinks so. But and he was the senior Republican on seeking, while he could not continue to anyone who has doubts about that race the Finance Committee. The chairman give his best to the people of Kansas best look further than the current poll at the time was Senator Russell Long, and the United States, he chose to re- numbers, because BOB DOLE is the real a Democratic Member, of course, from sign. It has been pointed out that that thing. He was the real thing on the bat- Louisiana. is a big decision. But it is a decision tlefield. He was the real thing when he During those early years on the Fi- that I think we have all come to expect faced a lifetime of being handicapped. nance Committee, I was struck by sev- in the style of BOB DOLE. He was the real thing when he rose to eral characteristics of BOB DOLE. I had So I join others in wishing him well, the heights of politics. Yet, he never known him to some degree when he had looking forward to doing whatever I let politics be his master. been running for Vice-President, but can to help him, as he has helped each I suppose I will remember him for his not intimately. During those early of us. He came to my State three times judgment, both now and in the cam- years in the Finance Committee, I had to campaign on my behalf in the dif- paign ahead. I recall, specifically, an the privilege to get to know BOB DOLE ferent elections. I think each Senator issue that I think many of us felt very and see him in action. I was struck by on this side could say the same thing. strongly about, and that is the Presi- several things. First of all, he is very So we wish him well. I share the sense dent’s commitment of troops to Bos- bright. Not only did he know the intri- of optimism that others have voiced. I nia. I opposed that with all my heart, cacies of the Tax Code, but when dif- know that with his tremendous energy, and BOB DOLE opposed it as well. He ferent matters would come up, it was with his quick learning ability, with spoke out frankly and honestly about obvious he was a quick learner. his ability of retention of matters that the mistake of deploying American Second, the characteristic that he has studied, and with the sense of men and women in a way that we did struck me was his seemingly inex- duty I previously remarked on, he is not stand behind them. When the de- haustible energy. When he became going to conduct an absolutely mar- bate was done, and when public opinion chairman of the committee after sev- velous campaign that is going to be a was clearly on the side of us who were eral years, he would manage those bills great credit to him, to all who nomi- reluctant to deploy U.S. troops into on the floor—tax bills—and, as we all nated him, and a wonderful reflection that theater, and when the President, know, in those days, tax bills would on the people of the United States of in spite of all of it, had sent American sometimes last 2, 3, 4, 5 days, with all America. men and women into that zone, we had sorts of amendments coming from I thank the Chair. the chance to vote on the floor on a every direction. BOB DOLE had the ca- Mr. MURKOWSKI addressed the vote that would have embarrassed the pacity to stand here always looking Chair. President by undercutting the funding fresh and fit, everybody else looking a The PRESIDING OFFICER. The Sen- he would have for an action he had little bit bedraggled as we would go ator from Alaska is recognized. taken. I considered it a tough vote. I late into the night, accepting amend- Mr. MURKOWSKI. I thank the Chair. did not want to embarrass my Presi- ments, rejecting those, calling for I know it is getting late and my col- dent, but I did not want them to have votes, tabling this, and moving on in leagues would like to go home and have to go and serve in an area where we had totally admirable fashion. dinner, but I am sure that we all share

VerDate Aug 31 2005 06:09 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15MY6.REC S15MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 15, 1996 CONGRESSIONAL RECORD — SENATE S5109 in this extraordinary opportunity to He came to Alaska to campaign for great American Senator—Senator say a few words about our leader, Sen- me. He has been accommodating to me DASCHLE, Senator BRADLEY, Senator ator BOB DOLE, and his announcement during my 16 years in this body. One of HARKIN, Senator KERREY, and others. I today of his resignation. the things that I have always marveled think it signaled what the entire Na- I was there, along with Mrs. Dole and at about BOB DOLE is his patience in tion feels about this man. BOB DOLE’s daughter. I think all Sen- trying to accommodate some 99 other I loved what Senator SIMPSON, his ators—all 53—there was not a dry eye egos that are relatively high from time great friend from Wyoming, said. He in the house when BOB DOLE announced to time. Some of us have encouraged said: Now America will get a chance to his transition from majority leader, re- that he discipline—like, perhaps, that know Senator DOLE like his colleagues linquishing the office that he loves so which occurs in the 6th grade—those of do. And I think they are going to make dearly. Basically, he laid out for us an us who occasionally fall off the turnip him President of the United States. all-or-nothing campaign. I think it truck. But BOB has always maintained This has really been a magnificent took a great deal of courage. It was a an evenhanded approach towards lead- day—difficult but magnificent. I think bold action, and one that indicated, ership, giving each one of us an oppor- on our side we feel a little bit like a clearly, to those of us who were privi- tunity to express ourselves regardless family sending off a son or daughter to leged to be there, an expression of love of how our feelings may be in conflict work on a higher mission. I know that for this body that he holds so dearly. with his own. Instead of, in effect, is how I feel. I think, too, he cleared the air on the chastising on occasions when leader- I have enjoyed so much this evening issue of some of the partisanship that ship did not receive the support it was listening to the remarks of his friends we have in this body. I think it is fair entitled to, BOB has always been above and colleagues. I join them in saying that and set, I think, an extraordinary to say no longer can some on the other bon voyage, God bless, safe journey, example of what true leadership is all side of the aisle use the excuse of his and much success to the Senator from about. That is being subjected to the candidacy and majority leader as a rea- Kansas. son for some of the issues that have equivocation and the contradictions not moved before this body. It is my that we all have on various issues, but f opinion that we have lost a great lead- being able to hold fast and stand above EXECUTIVE CALENDAR NO. 585 RE- er in the Senate, but the country has it as tall as BOB DOLE has been and will REFERRED TO THE COMMITTEE gained a great opportunity to know be as he campaigns for the highest of- ON ARMED SERVICES BOB DOLE as we know him. fice in our country. Mr. President, over the next weeks So where are we today? This Nation Mr. COVERDELL. Mr. President, as and months BOB DOLE is going to be will now have the privilege of seeing in executive session, I ask unanimous out in America taking his campaign to and knowing the BOB DOLE that we consent that Executive Calendar No. the American people. I think he is have come to know and love and, in my 585 be rereferred to the Committee on going to be laying out very clearly the own case, have been privileged to work Armed Services. differences between himself and Presi- with for the last 16 years. There is no The PRESIDING OFFICER. Without dent Clinton. He is going to provide, I question in my mind, Mr. President, objection, it is so ordered. think, mainstream conservatives and that the electorate will soon be able to Mr. COVERDELL. I yield the floor. define the character of our two Presi- conservatism moral leadership and will f be able to point out the differences be- dential candidates and make the choice that is right for America. tween the big Government philosophy, ADJOURNMENT UNTIL 9:30 A.M. Mr. President, I yield the floor. which is currently emanating from the The PRESIDING OFFICER. Who TOMORROW White House, and that of the best Gov- seeks recognition? The PRESIDING OFFICER. Under ernment is the closest Government to The Senator from Georgia is recog- the previous order, the Senate stands the people and most responsive. nized. adjourned until 9:30 a.m., Thursday, I have had an opportunity to know Mr. COVERDELL. Mr. President, I do May 16, 1996. BOB DOLE over the 16 years I have been not believe I will ever look at the desk Thereupon, the Senate, at 8:28 p.m., in this body. I first recognized him as a directly in front of me, or the podium adjourned until Thursday, May 16, 1996, true American hero. He is one who has on it, ever again without thinking of at 9:30 a.m. always put America first. When he was the Senator from Kansas. Senator called to battle in World War II—and DOLE is a living American hero. He is a f now, I think, as he leaves the leader- Senator of the century. Whenever I NOMINATIONS ship of the U.S. Senate—he certainly have been around Senator DOLE, some- Executive nominations received by has shown sacrifice and what it takes how I always felt that I was close to the Senate May 15, 1996: basically to be President. the heart and the soul of America. I THE JUDICIARY BOB DOLE has always been there used to introduce him that way. I still when America has called him, and CHRISTINA A. SNYDER, OF CALIFORNIA, TO BE U.S. DIS- introduce him that way. You cannot TRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- America is calling him today. He is a miss it when you are near him. FORNIA VICE EDWARD RAFEEDIE, RETIRED. man of courage, strength of character, THOMAS W. THRASH, JR., OF GEORGIA, TO BE U.S. DIS- I want to thank the other side. It was TRICT JUDGE FOR THE NORTHERN DISTRICT OF GEORGIA and patriotism. He is gracious. great seeing them standing behind this VICE ROBERT L. VINING, JR., RETIRED.

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TRIBUTE TO HANK KETCHAM was produced from 1959 to 1963 is still widely of the Old Testament and the many creative seen around the country and was updated into and imaginative themes that flow from it. It HON. SAM FARR a popular animation series by the CBS tele- was his early upbringing by his mother that OF CALIFORNIA vision network. A 2-hour prime-time live action endowed him with a rich blend of talent and insight that would be brought to fruition by the IN THE HOUSE OF REPRESENTATIVES ``Dennis the Menace'' broadcast was aired in September 1987 and in 114 television markets many religious building challenges he under- Wednesday, May 15, 1996 the following month. took. Mr. FARR of California. Mr. Speaker, it is Over the past 46 years, Mr. Ketcham has In rising to the challenge of bringing to the my great honor to rise in recognition of a man sold more than 50 million ``Dennis the Men- synagogue a sense of love, understanding who has brought both smiles and laughter to ace'' books, including a four-part anthology, a and compassion, Mr. Wood succeeded grand- countless Americans. Henry (Hank) Ketcham, series of comic books from Marvel Comics ly. It is with great pride and love that the trust- who created the famed ``Dennis the Menace'' and a favorite of Ketcham's, ``Dennis and the ees of Temple Emanuel of Great Neck de- cartoon strip, is being honored Friday with a Bible Kids.'' clared Sunday, May 5, as Emanuel day. As Lifetime Achievement Award at the Carmel Throughout the years, Dennis' civic-minded- the hundreds of congregants of Temple Eman- Arts Festival. ness has also made him a popular spokesman uel gathered on that day, it was most exciting A resident of my congressional district, Mr. for a number of worthy causes, including the and reaffirming that in the truest tradition of Ketcham has led a distinguished, artistic life Boy Scouts of America, UNICEF, and the the American spirit, this beautiful congregation continues to so willingly give of itself, to its that we all can celebrate. Born in Seattle in International Red Cross. He has had a starring members and the community. 1920, he first became interested in drawing at role in two important public service messages the age of 7 when a local art director and fam- through comic books entitled ``Dennis Takes a f ily friend drew cartoon sketches to make him Poke at Poison'' and ``Coping with Family TRIBUTE TO SARA J. WHITE laugh. With considerable talent, he parlayed Stress.'' this love of cartooning into a number of im- To this day, ``Dennis the Menace'' continues HON. ANNA G. ESHOO pressive positions throughout his career. to bring joy to children and adults alike. The OF CALIFORNIA After entering the University of Washington comic strip is widely read throughout the world IN THE HOUSE OF REPRESENTATIVES as an art major in 1937, Mr. Ketcham moved and, in fact, is delivered to my doorstep every Wednesday, May 15, 1996 to Hollywood 1 year later where he worked at day I am in Washington in the Washington the Walter Lantz animation studio, home of Post. Though 46 this year, Dennis remains as Ms. ESHOO. Mr. Speaker, it is with great the ``Woody the Woodpecker'' cartoon series. youthful and entertaining as ever. Of course, pleasure that I call to the attention of my col- Soon after, Mr. Ketcham was lured by the this is a tribute to Hank Ketcham and his con- leagues the installation early next month of Walt Disney studios, where he worked on siderable talent. It is my great honor to salute Sara J. White, M.S., as president of the Amer- ``Pinocchio,'' ``Fantasia'' and many other fa- him as he receives this well-deserved Lifetime ican Society of Health-System Pharmacists mous Disney productions until the outbreak of Achievement Award. [ASHP] at the society's 53d annual meeting in World War II. f San Diego. Desiring to serve his country, Mr. Ketcham ASHP is the 30,000-member national pro- enlisted in the U.S. Navy and, as a chief pho- TEMPLE EMANUEL OF GREAT fessional association representing pharmacists who practice in hospitals, health maintenance tographer specialist, developed a variety of NECK IS REDEDICATED organizations, long-term care facilities, home- cartoons, magazines, posters, and animated care agencies, and other components of film spots to encourage his fellow Americans HON. GARY L. ACKERMAN health care systems. The society has exten- to purchase war bonds. To help supplement OF NEW YORK sive publishing and educational programs de- his military pay, Mr. Ketcham also started IN THE HOUSE OF REPRESENTATIVES signed to help members improve their delivery cartooning for magazines, including the Satur- Wednesday, May 15, 1996 of pharmaceutical care, and it is a national ac- day Evening Post, which bought a weekly crediting organization for pharmacy residency panel. Mr. ACKERMAN. Mr. Speaker, I rise today and pharmacy technician training programs. After the war, Mr. Ketcham fully launched to commemorate the rededication of Temple Since October 1992, Professor White has himself into the highly competitive world of Emanuel of Great Neck, which occurred on been director of pharmacy at Stanford Univer- freelance cartooning. Because of his immense May 5, 1996. This day, hereby known as sity Hospital, a 500-bed academic health talent, he quickly became one of this country's Emanuel day, culminates a 10 year effort that science center, which I am privileged to rep- most successful artists, selling his work regu- has served to beautify the synagogue, and en- resent. She now holds this position with Stan- larly to Collier's, the Saturday Evening Post, hance it as an ongoing source of inspiration to ford Health Services, a health care system Ladies' Home Journal, Liberty, the New York- its congregants and the Great Neck commu- formed last September. The Stanford Health er, as well as to advertising agencies. By this nity. Conceived by Rabbi Robert Widom, spir- Services Pharmacy has five inpatient sat- time, Mr. Ketcham was also married and the itual leader or Temple Emanuel, the project ellites, three outpatient pharmacies, an operat- father of a son named, you guessed it, Den- evolved into the design of six stained glass ing room satellite, and a home pharmacy serv- nis, whom my sister Francesca, frequently windows for the synagogue's sanctuary, a new ice. As director of pharmacy, she directs all fi- babysat. ark and eternal light. The initial project, under nancial, operational, and human resource In October 1950, the ``Dennis the Menace'' the direction of Rabbi Widom, undertook a components of a service with 100 full-time cartoon strip was created and, less than a search that would last for 10 years until the personnel serving the health care needs of year later, it was syndicated to 18 news- appropriate artist was selected and the cre- more than 2 million people. She is also clinical papers. Mr. Ketcham received the prestigious ative plans were developed. professor of pharmacy at the University of Billy deBeck Trophy as the outstanding car- Through the combined efforts of the con- California-San Francisco School of Pharmacy. toonist of 1952. Within the past 10 years, gregation's leadership team of president Lloyd Prior to her current position, Professor White ``Dennis the Menace'' has been read in more Goldfarb, chair of the refurbishing committee, was associate director of pharmacy at the Uni- than 1,000 different newspapers in 48 coun- Paula Held Scharf, brotherhood president, versity of Kansas Medical Center from 1975 to tries and has been translated into 19 different John Holzer and sisterhood president, Carol 1992. languages. Cohen, an extensive search was launched A prolific author on topics of pharmaceutical In the following years, Mr. Ketcham ex- that yielded Paul Winthrop Wood, a Canadian management and human and financial re- panded his lovable character's popularity born artist. Mr. Wood comes from a family of source management, Professor White's re- through a variety of other media, including renowned architects and builders and brought search has appeared in more than 100 phar- books and television. The hit TV show that to Temple Emanuel an innate understanding macy, nursing, and medical journal articles

∑ 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. E804 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 and textbook chapters. She has been an ac- The fiscal year 1997 defense authorization tened a new legacyÐthe Yocum Sailing Cen- tive leader and office holder in several State provides a much needed reprieve for the U.S. ter. The Yocum Sailing Center is the center- and national pharmacy organizations and par- military from President Clinton's ill conceived piece of what will ultimately be a fully en- ticipates in her community through the budget cuts. My Republican colleagues and I dowed midshipmen sailing and waterfront pro- RotaCare Free Clinic. Professor White re- remain committed to ensuring that our armed fessional development program. The building, ceived the degree of bachelor of science in services are equipped with decent living quar- located at the water's edge with a spectacular pharmacy from Oregon State University. Both ters and the best, most cost efficient equip- view of the Long Island Sound and the Man- her master of science and residency in Hos- ment, so that when they are called upon to hattan skyline, was named in recognition of pital Pharmacy came from Ohio State Univer- defend their country, they have what they the unprecedented support and service of sity. need to get the job done. James H. Yocum, a resident of Reading, PA. Mr. Speaker, Professor White has served f Mr. Yocum graduated from the Academy in her profession with distinction. I extend my 1947. As a cadet midshipmen, he sailed with best wishes to her as she takes over the lead- AN ARTISTIC DISCOVERY Alcoa Steamship Co., American Export Lines, ership of the ASHP. and Grace Line. After graduation, he sailed as f HON. DAN FRISA a deck officer with Moor-McCormack Lines OF NEW YORK and Grace Line. A veteran of the Korean War, IN MEMORY OF THE SILENT IN THE HOUSE OF REPRESENTATIVES Mr. Yocum served active duty in the U.S. SERVICE Navy from 1952±54 in both Korea and Japan. Wednesday, May 15, 1996 Having become involved with the Merchant HON. CARLOS J. MOORHEAD Mr. FRISA. Mr. Speaker, I would like to rec- Marine Alumni Association in 1955, Mr. OF CALIFORNIA ognize five very talented high school students. Yocum holds the record for the longest contin- IN THE HOUSE OF REPRESENTATIVES These students participated in my first annual uous service to this association. He has been Wednesday, May 15, 1996 congressional arts competition, ``An Artistic awarded the alumni association's Outstanding Discovery.'' Mr. MOORHEAD. Mr. Speaker, as Memorial Professional Achievement Award, the Meritori- Nur-e-alam Chisty of Herricks High School, ous Alumni Service Award and, in 1992, was Day approaches, I rise to pay tribute to the Suneet Sethi of East Meadow High School men of the silent service and their organiza- chosen the ``Kings Pointer of the Year.'' and Melissa Guimaraes of Sacred Heart Acad- Thanks to Mr. Yocum's enthusiasm and phi- tion, the U.S. Submarine Veterans, Inc. emy, submitted exceptional works of art that The goal of this organization is ``to perpet- lanthropy to Kings Point, the Yocum Sailing were chosen as first, second, and third place uate the memory of our shipmates who gave Center was completed and opened in 1994. It winners. their lives in the performance of their duties houses the classrooms for seamanship in- Although everyone who participated in the while serving their country.'' struction, a large boat bay for year round competition displayed artistic talent, two stu- These submariners, in the true tradition and maintenance and repair of sail and power dents deserve special recognition. These stu- fighting spirit of the U.S. Navy, have lived in boats, a crew rowing tank, offices for the sail- dents are Kenneth Grossman of Lawrence silence, fought in silence, and died in silence ing master, the master of the T/V Kings Point- High School and Clarie Thomas of East Mead- in the cold depths. Through their dedication, er and midshipmen staff of the Department of ow High School. deeds, and supreme sacrifice, they have left Waterfront Activities. The Yocum Sailing Cen- I would like to congratulate these students behind a legacy of the highest standards of ter is dedicated to the beloved memory of Mr. and wish them the very best in their future en- performance and conduct. Their actions will al- Yocum's grandparents, William H. Yocum and deavors. ways inspire emulation and praise. Emma Kate ``Bright'' Yocum, his parents, The U.S. Submarine Veterans, which en- f George Lehman Yocum and Helen Yocum and, his two brothers, William Yocum II and sures the honorable tradition of the submarin- SAILING CENTER NAMED FOR George L. Yocum, Jr. At both the north and ers in our society, is represented in southern YOCUM FAMILY California by Mark James Denger, a sub- south entrances to the building there is a marine veteran, reservist, and active supporter beautiful plaque that eloquently pays tribute to and participant in a number of significant, pa- HON. MICHAEL P. FORBES the Yocum FamilyÐ``So they gave their abun- triotic military organizations. OF NEW YORK dance to education and for that, each received Mr. Speaker, I am pleased to pay tribute to IN THE HOUSE OF REPRESENTATIVES recognition, reward and remembrance that will Mr. Denger and the U.S. Submarine Veterans, Wednesday, May 15, 1996 never die.'' Inc. They do honor to themselves, our Nation I would like to offer my congratulations to Mr. FORBES. Mr. Speaker, I rise today to Kings Point on its newest acquisition and to and the memory of Memorial Day. honor and celebrate one of our country's most f Mr. Yocum for his generosity and dedication to valuable educational institutions, the U.S. Mer- the U.S. Merchant Marine Academy. May God ENHANCING OUR MILITARY chant Marine Academy, also known as Kings bless all who pass through her portals. Point. Few realize that this Nation came very f HON. RON PACKARD close to losing this vital service academy that has served this Nation in times of war and HONORING ROSALIND AND JOSEPH OF CALIFORNIA peace. Under the masterful stewardship of GURWIN IN THE HOUSE OF REPRESENTATIVES Adm. Thomas Matteson, Kings Point is be- Wednesday, May 15, 1996 coming the premier maritime education institu- HON. GARY L. ACKERMAN Mr. PACKARD. Mr. Speaker, under Presi- tion in the world. I fought hard throughout the OF NEW YORK dent Clinton's latest budget proposal, defense appropriations process to ensure that the Mer- IN THE HOUSE OF REPRESENTATIVES spending would remain on a dangerously chant Marine Academy received its full funding steep decline. H.R. 3230 moves to counter the of $30.9 million for 1996 and I am prepared to Wednesday, May 15, 1996 effects of the Clinton administration's cuts in take up that fight again. Mr. ACKERMAN. Mr. Speaker, I rise today defense spending within the framework of a For too long the extraordinary contributions to join with my colleagues and the members of balanced budget. of the U.S. Merchant Marine Academy have the New York Metropolitan Region Chapter of After a 10-year decline in military spending, been overlooked. The Academy has always the American Society for Technion, the Israel this measure revitalizes our Nation's defense, been connected to national defense as well as Institute of Technology, as they gather on bolstering our national security interest at maritime commerce in peace and war. Today, Wednesday, May 15, 1996, to pay tribute to home and abroad and turning back the hollow the Academy still promotes a ``can do'' ap- Rosalind and Joseph Gurwin. military policies of the Clinton administration. A proach to tasks that is reminiscent of the war The Gurwins have devoted a good part of strong, prepared military is vital for the secu- days, when cadets and ships were ordered to their lives to the welfare of the Jewish people rity of this country. In this era of fiscal re- deliver, no matter how dangerous the condi- and the State of Israel. Recognizing the impor- straint, it is equally important to get the big- tions. tance of technological development in Israel's gest bang for the buckÐbut not at the ex- Thanks to the continued support and dedi- future, Ros and Joe have been long time sup- pense or readiness, modernization, or quality cation of the faculty, graduates, alumni, and porters of Technion, Israel's only comprehen- of life for our service personnel and their fami- midshipmen, the tradition of Kings Point con- sive scientific university and center for applied lies. tinues. On May 3, 1996, Kings Point chris- research. In this vein, they have provided May 15, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E805 funding for Technion's Gurwin-I Tech-Sat sat- ture the spirit of the person or express the cock has built a reputation as a man of great ellite, a project stimulating telecommuni- depth of our loss. But I know that we can all intellect and character. His more than three cations, meteorology and x-ray telescope tech- learn something from the life and service of decades of work at the Principal Financial nology, as well as serving as a key link in an Lieutenant Colonel Oliver. Group and in the Altoona area have distin- Israeli-based computer network. Our thoughts are with the Oliver family at guished him as a selfless individual who has However, Mr. Speaker, Ros and Joe's phil- this difficult time. The loss they have sustained given a great deal back to the community in anthropic efforts extend far beyond Technion can never be measured, but I hope they can which he lives. I will close, Mr. Speaker, on a to encompass the entire New York metropoli- draw comfort from the fact the many fine personal note in thanking Allan Hancock for tan community. The Long Island Jewish Medi- memories of time spent with Allen. the many years of friendship and guidance cal Center and UJA-Federation have bene- I hope my colleagues will reflect upon the which he has given both myself and my fam- fitted greatly due to their continuing support. life of this man and draw strength and inspira- ily. Furthermore, Ros and Joe's commitment to tion from the example set by Lieutenant Colo- f the elderly has led to the construction of the nel Oliver. This is the most fitting tribute we Gurwin Jewish Geriatric Center in Commack, can pay to him and to his family. A SPECIAL SALUTE TO ARTISTIC Long Island. f DISCOVERY WINNERS Mr. Speaker, the Gurwins have come to A TRIBUTE TO ALLAN HANCOCK symbolize the American spirit of volunteerism HON. LOUIS STOKES and generosity. I ask all my colleagues to rise HON. BUD SHUSTER OF OHIO with the grateful people of the Fifth Congres- IN THE HOUSE OF REPRESENTATIVES sional District in extending to Rosalind and Jo- OF PENNSYLVANIA Wednesday, May 15, 1996 seph Gurwin the highest accolades of appre- IN THE HOUSE OF REPRESENTATIVES ciation and admiration. Wednesday, May 15, 1996 Mr. STOKES. Mr. Speaker, I am proud to f Mr. SHUSTER. Mr. Speaker, not many of us rise today to salute students from my congres- would be able to accomplish much in the Con- sional district who participated in the 1996 Ar- IN MEMORY OF LIEUTENANT tistic Discovery competition. In late June, the COLONEL OLIVER gress if not for our loyal friends and support- ers who have stood by us during the course corridors of the U.S. Capitol will be filled with of our careers in public service. I rise today to beautiful art work from around the country. HON. PATRICK J. KENNEDY pay tribute to such a friend and supporter of The Artistic Discovery competition allows OF RHODE ISLAND mine who has dedicated his life to serving the Members of Congress to conduct art competi- IN THE HOUSE OF REPRESENTATIVES community in which he lives. The man I am tions in their congressional districts for high Wednesday, May 15, 1996 speaking of is my long-time campaign chair- school students. The winning art work from Mr. KENNEDY of Rhode Island. Mr. Speak- man, Mr. Allan G. Hancock of Altoona, PA. each Member's district then becomes part of a er, I am asking my colleagues today to pause Allan Hancock began his service in 1960 national exhibition of student art on display in and honor the dedicated service given by the when he entered the insurance business. He Washington, DC. men and women in the Armed Forces. We all actively became a chartered life underwriter, a From its inception, the Artistic Discovery know that this is a dangerous and demanding chartered financial consultant, and a member competition was designed to allow high school task. In times of peace it is often easy, too of the Association for Advanced Life Under- students to showcase their creative talents. easy, to lose sight of these facts. writing. Allan went on to further his underwrit- These young artists have the unique gift of ar- For my constituents the cold reality of these ing career by becoming president of the Al- tistic expression, and they are able to produce truths was recently brought home when Lt. toona and Pennsylvania State Associations of high quality work that reflects this special tal- Col. Allen Oliver, a native of Bristol, RI, was Life Underwriters. He also served diligently as ent. I am certain that each participant in the killed in a helicopter crash in Columbus, GA the State association's national committeeman competition puts forth the highest level of abil- on March 1, 1996. from 1977±85. ity and energy to produce artistic masterpieces Colonel Oliver was a second generation Ma- In 1988, Allan was elected to the NALU that all of us can appreciate and enjoy. rine. He learned the call of duty and honor of board of trustees and was reelected in 1990. Mr. Speaker, I can say with pride that this service from his father, Edward Oliver, a dis- In 1992, he was elected secretary of NALU year's Artistic Discovery competition in my tinguished veteran of World War II. Lieutenant and became president of NALU in September congressional district was the best ever. My Colonel Oliver was an intelligent, hard work- 1994. Allan served as past vice chairman of office received a total of 356 art entries from ing, man who could have pursued any career NALU committees on associations, Federal 10 local high schools. The judge for this year's path he wanted. He chose to serve his nation. law and legislation and health insurance. Allan competition, Ted Sherron, who serves as vice Allen Oliver grew up in Bristol, RI, a small also served as a trustee liaison for NALU's president for student affairs at the Cleveland town where everyone is a neighbor. Allen was Education Committee and Public Service Institute of Art, faced a difficult task of select- respected and liked by all who knew him. Committee. For all his hard work and dedica- ing a winner from the entries submitted. The Whether it was helping to shovel the sidewalk tion, Allan has been awarded both NALU's winning art work, a self portrait, was submitted of a friend in need, serving as an alter boy, or National Quality Award and the National Sales by Tim McLoughlin. Tim is a resident of Shak- delivering papers, Allen Oliver was there. The Achievement Award. er Heights, OH, and he attends Shaker outlines of his adult career were taking shape Allan's career of underwriting did not stop Heights High School. I am proud to salute Tim in those early activities. here. He became moderator for the Life Un- and I look forward to welcoming him to Wash- As he grew older, Allen knew the path he derwriting Training Council and served on ington, DC, for the national exhibition. wanted to take and sought admission to the LUTC's Advanced Sales Content and Tech- I would like to express my appreciation to service academies. While he did not get in, he niques Committee. For 24 years, Allan has the Mayor of Cleveland Heights, Carol Ed- continued to pursue a career in the military by been a qualifying and life member of the Mil- wards. As a result of her efforts and that of enrolling in the ROTC at the University of Salt lion Dollar Round Table where he has earned her staff, the student art work from the 11th Lake, UT. He graduated with a 4.0 average the title of Bronze Knight. He is also a life un- district was on display at city hall during a and joined the Marines as a second lieuten- derwriters political action committee diplomat week-long Salute to Young Artists. On Satur- ant. The next stop for Allen was the Marine and a member of the American College's day, May 4, 1995, an awards ceremony was Corps flight school in Pensacola, FL from Golden Key Society. held for the students. I am also grateful to which he graduated in 1977 as a first lieuten- Mr. Speaker, in addition to Allan's success Cleveland mayor Michael White who furnished ant. in the insurance business, he has also gener- special certificates for the students. Also, I Service in the corps took Allen Oliver all ously served his community in many other wish to acknowledge Dick Bogomolny and Na- over the Nation where he touched many lives. ways. he was elected mayor of Altoona from tional Supermarkets; Ernestine and Malcolm After the tragic news of Colonel Oliver's death 1980±84 and delegate to the Republican Na- Brown; the Cleveland Museum of Art; and was made public, his father was warmed by tional Convention three times throughout the other individuals and organizations throughout the outpouring of calls from people all across 1980's. In 1986, Allan was elected to and the community for their continued support of America who had known his son. This is Lieu- served admirably on the White House Con- the Artistic Discovery competition. tenant Colonel Oliver's legacy. ference on Small Business. Mr. Speaker, the 1996 Artistic Discovery The loss of life, especially of one so young Whether serving his customers, his col- competition was a tremendous success in my and vital, is never easy. Words do little to cap- leagues, or the citizens of Altoona, Allan Han- congressional district. As a supporter of the E806 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 arts, I recognize the importance we must Christopher Harris, Gladys Hill, Richard year following the passage of the Contract place on the arts by investing in our artists at Lawrence, Sharita Lumpkins, Talisha With America. He told America that everything an early age. In my opinion, it represents good Mahone, Neftali Nieves, Pocita Norman, Rita is on the table, including Pentagon spending. Patterson, Alphonso Rogers, Quenisha sound policy. I would like to salute the stu- ASICH Smith, Nyaunu Stevens, Andrew Straka, Ty- House Budget Chairman K said on CNN dents who participated in the 1996 Artistic Dis- rone Sykes, Mary Thomas, Shannon Turner, last year: ``I want to suggest something that covery competition. Each of these individuals Terry Wallace, Theresa White, Lanithea will ruffle a few feathers. And that is that the are winners and should be duly acknowl- Wright, and Monica Young. Pentagon should be reviewed with the same edged. Art teachers: Kathleen Yates, Harriet microscope as everything else in this Federal ARTISTIC DISCOVERY WINNERS Goldner, and Richard Chappini. Government should be reviewed.'' Apparently, BEAUMONT SCHOOL LUTHERAN HIGH SCHOOL EAST no one wanted to ruffle any feathers. Nicole Abounader, Alyssa Adams, Amanda Shaunta Gates, Lana Lester, Jennifer I would also like to remind my colleagues Amigo, Gretchen Aquilina, Amie Balbierz, Moore, Jamell Perry, Walter Smith, Tamiko what Defense Secretary Perry had to say in Alithma Bell, Mary Ann Betsch, Missy Wheeler, Wendi Williams. his March 1996 annual report to the President Blakeley, Louise Burton, Yasmeen Chandler, Art teacher: Kathryn Ulichney. and the Congress: ``Events since the end of Monique Christian, Anne Coburn, Heather MAPLE HEIGHTS HIGH SCHOOL Darroch, Catherine Davenport, Kathryn the cold war have demonstrated the need for Dobrowski, Kristen Emancipator, Julie William Abram, Andre Allen, Christopher America to retain a strong global leadership Engstrom, Andrea Galinski, Rachel Gilberti, Allen, Elliot Anderson, Sean Carano, Karen role and a prudent defense posture. President Heather Gilmore, Laura Golombek, Kath- Curtis, Lakisha Dandridge, Eric Diedrich, Clinton's fiscal year 1997 defense budget, and erine Grendell, Julie Hall, Julie Hanus, Kimberly Filipic, Tim Fritz, Greg Gadowski, the strategy and plans on which it is based, Betsy Harding, Meredith Harger, Amy Har- Jennifer Gedeon, Traci Helmick, Ralph Horne, Maria Kopec, Calvin Little, Sherry support that need while remaining fiscally re- mon, Sharia Jones, Karola Kirsanow, Molly sponsible.'' Kohut, and Ginny Kolb. Morgan, Carla Ruffo, Charles Rupp, Michael Also, Megan Kollar, Raina Kratky, Terre Sindelar, Curtis Smith, Sean Szego, Otis Last year, this Congress increased defense Kraus, Natalie Lanese, Megan Lewicki, Thomos, William Whoric, Justin Williams, spending by $7 billion, while decreasing all Diane Lloyd, Laura LoDuca, Josephine and Kevin Workman. other discretionary accounts. And this year, it Lombardi, Lisa Lukwinski, Alicia Luton, Art teachers: Karen Mehling-DeMauro and looks like we will increase defense spending Jennifer Martin, Regina Mastrangelo, Sarah Judy Wohl. by almost twice that amount. I find it prepos- McCormack, Katie McCullough, Andrea SHAKER HEIGHTS HIGH SCHOOL terous that we are considering increasing Pen- McDaniel, Elise McDonough, Ann McKeever, Allison Beamer, Rebecca Beamer, Jessica tagon spending at a time when we are asking Aurora Mehlman, Erin Murphy, Collen Bilsky, Jeff Brigden, Robin Durham, Abigail O’Neill, Lisa Pajek, Carrie Paul, Sherry Pe- seniors and students to pay more. DiSalvo, Patty Eppich, Erica Howaniak, Last year's action was taken despite the fact terson, Eileen Ryan, Ana Sancho, Maura Laura Kushnick, Reuben LeVine, Erica Schmidt, Julie Shina, Valerie Sirvaitis, that the University of Maryland conducted a Manley, Suzannah Mathur, Tim McLoughlin, nationwide poll last November that showed 77 Maureen Standing, Nakisha Starks, Myranda Gregory Morrison, Gilbert O’Connor, Nor- Stephens, Ellen Sutheimer, Tracie Tegel, man Paris, Kelly Roth, Jennifer Skirball, percent of the American public opposed to Jean Tillie, Jenni Traverse, Julia Wads- Rokisha Smith, Meghan Thomas, Wallis Congress's addition of $7 billion to the Penta- worth, and Melissa Watson. Wilkinson, and Sharon Yates. gon's defense budget request. Art teachers: Sr. Mary Lucia, O.S.U. and People can argue about how much funding Ellen Carreras. Art teachers: James Hoffman and Malcolm Brown. the Pentagon needs to perform its important BEDFORD HIGH SCHOOL role, U.S. defense spending is roughly equal Debra Babiak, Shannon Bakker, Kelly SHAW HIGH SCHOOL Benewiat, Brian Brown, Jessica Bruening, Clifford Allen, David Black, Faceta to that of the next six nations combined. We Eboni Davis, Kili Ellis, Sarah Etling, Sara McMichael, Donna Parker, Byron Redmon, spend twice as much on our military as do all Farkas, Vera Foster, Becky Frank, Russell Travis Rock, and Krsna-Caran Short. of our potential enemies combined, including Garganta, Monica Grevious, Greg Hodge, Art teacher: Susan Lokar. Russia and China. Richard Jastrzebski, Will Keenan, Jessica WARRENSVILLE HEIGHTS HIGH SCHOOL We need to reassess our current strategy of Keister, Kandice Langford, Matthew Lee, Donald Hayes, Olivia Jones, and Jermaine fighting two wars nearly simultaneously with- Aurora Mallin, Stephanie McCamey, Charles Powell. out help from our allies. There are two poten- Minute, Steve Miracle, and Misty Neal. Art teacher: James Evans. Also, Cormaic O’Melia, Sarah Pinto, Erin tial war fronts out there. One is the threat of Posanti, Michael Pritt, Quiana Redd, Mary f war abroad and the other is the lack of secu- Reichert, Brian Richardson, Rachel Roberts rity on our streets. Stephani Rowe, Damian Salo, Amie Schade, DEFENSE SPENDING INCREASES Since 1980, 1,100 of our police officers James Schade, Susan Schmidt, Cassandra UNCONSCIONABLE have been killed in the line of duty. In the Skufca, Patrick Sweet, Heather Takacs, Jen- same time period, 530 U.S. soldiers have nifer Taylor, Kendra Tench, DeWayne Thom- HON. ELIZABETH FURSE been killed in action. As crime rates have sky- as, Talia Thomas, Cameron Tullos, Branden OF OREGON rocketed in this country, spending on police Vecchio, and Keytsa Warren. Art teachers: Robert Bush, Dagmar IN THE HOUSE OF REPRESENTATIVES protection has remained constant. As a result, Americans have less than a 10th the effective Clements, Madelyn Koltcz, and Lou Wednesday, May 15, 1996 Panutsos. police power of 30 years ago. We have a re- CLEVELAND HEIGHTS HIGH SCHOOL Ms. FURSE. Mr. Speaker, I am dis- sponsibility to protect our citizens from threats Aria Benner, Rebecca Chizeck, Larry Chy, appointed with the fiscal year 1997 defense at home as well as threats from abroad. Evan Currey, Amanda Delamatre, Melissa authorization adopted by the House today. I This is National Law Enforcement Recogni- Hancock, Sarah Horter, Liz Isabella, Lauren particularly object to the nearly $13 billion tion Week. At this time when all of us are try- Kalman, Abigail Maier, Sarah Mansbacher, spending increase added by the House Na- ing so hard to balance the Federal budget, we Kelsey Martin-Keating, Mary McDonald, tional Security Committee. That increase is can avoid increasing military spending without Corinne Miller, Ethan Reed, LaSaundra Rob- unconscionable. inson, Karen Rolfe, Briana Ross, Kumiko endangering U.S. national security, which Sakura, Dylan Telgarsky, Rachel Truitt, and Even though five amendments reducing the must include security at home. Naomi White. increase in defense spending were offered to I am pleased that the amendment I spon- Art teacher: Susan Hood-Cogan. the Rules Committee, not one was allowed for sored requiring greater burden sharing by our CLEVELAND SCHOOL OF THE ARTS debate on the House floorÐnot even my allies worldwide passed by a wide margin, 353 Mario Donner, Jean Edmonds, Theodore amendment calling for a reduction of $1. My to 62. This marks the third year in a row I Ennis, Tanya Gonzalez, Nicole Gregory, amendment would have tested whether this have sponsored such an amendment. This Naijal Hawkins, Derrick Hill, Taria Johnson- body has the courage to cut even $1 from the year's legislation is a timely call for a fun- Whitsett, Michael Mannings, Serene Mar- largest discretionary account in the budget. damental reassessment of our international shall, Brandon Ogletree, Nikia Pollard, Ta- What arrogance that was on the part of law- mara Thornton, Sahara Williamson, and troop deployments, an evaluation that has Adam Wise. makers to not even allow us to debate the de- been sorely needed ever since the cold war Art teachers: Andrew Hamlett and Danny cision the National Security Committee made ended. Carver. to increase defense spending $12.3 billion I will continue to work to reorder our prior- JOHN KAY HIGH SCHOOL more than even the Pentagon asked for. ities in more commonsense ways. I firmly be- David Anaya, Dayaneth Berdiel, Tandalaya I would like to remind Speaker GINGRICH of lieve in spending every penny we need for a Colbert, Timothy Davis, Anthony Glass, what he said in his address to the Nation last sound national defense, but not a penny more. May 15, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E807 HONORING THE SUFFOLK COUNTY The U.S. Fish and Wildlife Service [USFWS] building of the dunes for future protection of POLICE targeted this site for acquisition in its 1991 the community. Northeast Coastal Areas Study. But so far, Mr. Speaker, H.R. 1836 and H.R. 2005 are HON. GARY L. ACKERMAN money has not been provided. Meanwhile, the very important to the residents of Long Island OF NEW YORK property owners are very close to obtaining and I want to thank you, Chairman YOUNG of IN THE HOUSE OF REPRESENTATIVES final approval for a subdivision that would lead the Resources Committee, Chairman SAXTON Wednesday, May 15, 1996 to development of home lots at Shadmoor, ef- of the Resources Subcommittee on Fisheries, fectively ending years of effort to save this Wildlife and Oceans for your support of these Mr. ACKERMAN. Mr. Speaker, I rise today population of sandplain gerardia. bills and for bringing them to the floor expedi- to ask all my colleagues to join me in support- H.R. 1836 is a bill authorizing the Fish and tiously for a vote. ing the Suffolk County police during their an- Wildlife Service to include Shadmoor in the nual memorial service. Amagansett National Wildlife Refuge. f The Suffolk County Police Superior Officers Shadmoor is currently threatened by creeping Association, the Suffolk County Police Benev- development at its edges and if action is not SERVICE ACADEMY GRADUATES, olent Association, and the Suffolk County De- taken promptly it could be lost. TOP ROTC HAVE EARNED A REG- tectives Association, will be honoring their fel- Over the last 20 years, Long Island, and ULAR COMMISSION low officers who have given their lives on the New York State, have received almost no line of duty. In particular, the associations will Federal dollars for the acquisition of lands to be dedicating a commemorative footstone in protect endangered species. Nationally, few HON. ROBERT A. UNDERWOOD memory of Sgt. Timothy Henck. Federal dollars have been used to protect the OF GUAM Suffolk County Police Sgt. Timothy J. Henck habitat of critically imperiled plant species, IN THE HOUSE OF REPRESENTATIVES passed away as a result of injuries received in while tens of millions have been spent for Wednesday, May 15, 1996 the line of duty on August 6, 1995. Sergeant other purposes. Saving this property would go Henck sustained his injuries during a vehicle a long way toward correcting this inequity. Mr. UNDERWOOD. Mr. Speaker, I rise chase of a burglary suspect on the Long Is- Shadmoor represents a unique combination today to commend my colleagues in the land Expressway. of habitat for federally and State endangered House National Security Committee for their Sergeant Henck came from a family with a species, offering a half mile of Atlantic Ocean support for my amendment to H.R. 3230 in history of law enforcement and followed his fa- coastline and having historical significance. committee which restores the regular, active ther, the late Lt. Thomas Henck of the Suffolk Adjacent to 17 acres of East Hampton Town duty commissions to graduates of the Military County Police Department, into law enforce- Parkland, the Northeast Coastal Areas Study AcademyÐWest PointÐNaval AcademyÐAn- ment. Sergeant Henck began his career in prepared by the U.S. Fish and Wildlife Service napolisÐAir Force Academy and top Reserve January 1986, as a member of the New York [USFWS] in 1991 targeted the Shadmoor Officer Training CorpsÐROTCÐgraduates. City Police Department, serving in Brooklyn. property for protection. Later that year, Sergeant Henck joined the As many of my colleagues know, I intro- The USFWS believes it is critical for local duced this amendment as a bill, H.R. 2016, of Suffolk County Police Department, where he entities to contribute to our important effort was assigned to the 3d precinct and quickly which Chairman Robert Dornan and Con- and recently the Town Board of East Hampton gressman Jack Reed are original cosponsors. won 15 departmental commendations. passed a resolution supporting the Federal ac- In June 1994, Timothy Henck was promoted I am pleased that my colleagues supported quisition of Shadmoor and agreeing to con- the amendment by voice vote when I offered to Sergeant and earned the respect and admi- sider appropriating town money to help ac- ration of all those who worked for and with it on May 1 in the committee. quire the tract. The Nature Conservancy has As a result of a change in the fiscal year him until his untimely death last year. also pledged funds to help purchase Sergeant Henck showed the full measure of 1993 Department of Defense authorization bill, Shadmoor. beginning October 1, 1996, graduates of the his devotion to law enforcement and made the Mr. Speaker, I would like to take this oppor- ultimate sacrifice while in the performance of military service academies and top ROTC tunity to thank Sara Davison and Stuart Lowrie graduates will receive a Reserve commission, his duty. of the Nature Conservancy, Carol Morrison of Mr. Speaker, I ask all my colleagues to join instead of a regular, active duty commission. the Concerned Citizens of Montauk, and me in honoring Sergeant Henck and all the At the time of the change, the rationale was Cathy Lester supervisor of the town of East Suffolk County police officers who have given that regular commissioned officers received Hampton for all of their hard work to protect their lives in the line of duty. advantages over Reserve commissioned offi- Shadmoor. cers during the drawdown. Subsequently, the f Mr. Speaker, I would also like to bring to services received permission from Congress your attention H.R. 2005, the bill I introduced AUTHORIZING ACQUISITION OF to subject regular officers to involuntary sepa- to make technical corrections in coastal barrier PROPERTY FOR INCLUSION IN ration on the same basis as officers with Re- resources systems map that is also being con- AMAGANSETT NATIONAL WILD- serve commissions. LIFE REFUGE sidered today as an amendment to H.R. 1836. H.R. 2005 is a bill of great importance to the The difference for officers between the two SPEECH OF residents of the Point O'Woods community on types of commissions has become largely honorary, but it is an important incentive. HON. MICHAEL P. FORBES Long Island. It passed the House under unani- mous consent on October 29, 1995. This leg- Granting regular commissions rewards the OF NEW YORK islation corrects the mapping error that des- hard work and sacrifices of these top grad- IN THE HOUSE OF REPRESENTATIVES ignated private property on Fire Island as an uates. Service academy and top ROTC grad- Tuesday, May 14, 1996 otherwise protected area on the coastal barrier uates deserve the recognition for their dedica- Mr. FORBES. Mr. Speaker, as a young man resources system [CBRS] map of the Fire Is- tion and excellence. growing up on Long Island I have known of land national seashore, making individuals in- The difference for Congress between the and visited Shadmoor. Purchasing this prop- eligible for flood insurance for new construc- two types of commissions is significant. Since erty is of great importance to me and my tions or relocated houses. This designation it is easier to resign with a Reserve commis- neighbors on Long Island. prevented the Point O'Woods community from sion, granting regular commissions to Service The Shadmoor property consists of 98 acres proceeding with their 30-year land use plan. Academy graduates protects our investment in of dramatic oceanfront property at Montauk, in There was never any reason to believe that them. It will also save taxpayer money spent the town of East Hampton, NY. Shadmoor the mapping error was anything but inadvert- on convening boards to review the applicants supports one of the largest and most viable ent. In any event, common sense and equity for regular commission status. The academies populations of the endangered and federally dictated that this error be corrected and be- and the ROTC programs currently do a fine listed sandplain gerardia, New York State's cause CBRS boundaries cannot be adjusted job of screening unqualified officer candidates. rarest plant. Once widespread along the without congressional approval, this legislation As the two Chambers go to conference on Northeast coast, sandplain gerardia is now solves the problem. H.R. 3230, I urge my colleagues to support known to inhabit fewer than 10 sites in the Point O'Woods is a unique community in the restoration of the regular, active duty com- world, 5 of those on Long Island. that it has worked with the town of missions. The Military Service Academy and This important population of sandplain Brookhaven and FEMA to move up to 17 top ROTC graduates have earned a regular gerardia grows on privately owned property. houses from the beach, and to permit the re- commission. E808 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 NATIONAL LYME DISEASE leadership in the Lyme disease crusade: Mrs. playoffs later this month, they will once again AWARENESS MONTH JOHNSON and Mrs. KENNELLY of Connecticut; be making history as the first HBCU to be in- Mr. SMITH and Mrs. ROUKEMA of New Jersey; vited to participate in the golf playoffs. HON. BENJAMIN A. GILMAN Mr. VENTO of Minnesota and Mrs. LOWEY of Eddie Payton is in his tenth year as JSU's OF NEW YORK New York. In addition, we were joined by Sen- golf coach. He currently holds a career record IN THE HOUSE OF REPRESENTATIVES ator LIEBERMAN of Connecticut and Senators of 70 wins with 19 losses while compiling a BRADLEY and LAUTENBERG of New Jersey. 54±5 record in SWAC play, including a 52±0 Wednesday, May 15, 1996 Mr. Speaker, I am inserting at this point in record in the last eight years. He has garnered Mr. GILMAN. Mr. Speaker, yesterday I had the RECORD the poignant remarks made at our the SWAC Coach of the Year award eight the honor of participating with some of our col- rally by Evan White: times and the National Coach of the Year leagues in front of the Capitol Building to help STATEMENT BY EVAN WHITE award twice. call our country's attention to the devastating Hello. My name is Evan White. I’m 17 years Coach Payton also had a stellar football ca- effects that Lyme disease has on so many of old, and I have Lyme Disease. reer both at Jackson State University and in our citizens and particularly on our young chil- Five years ago, Lyme Disease took from the National Football League. As a member of dren. me everything I had—except my spirit. At the Detroit Lions, he once returned a punt for In my remarks at the rally I noted: We can- twelve years old when I was first diagnosed 89 yards for a touchdown and a kick 99 yards 1 not permit the minds and bodies of those who with Lyme, my life and my familys life scoring twice in the same game while a mem- changed completely. Hampered by, head- are stricken with Lyme disease to simply ber of the NFL's Detroit Lions. waste away. aches, severe neurological damage and full body atrophy, I was confined to a wheelchair Mr. Speaker, I ask you to join me in con- I had the pleasure of introducing as one of and unable to speak, read or write for three gratulating Coach Payton and the JSU golf the principal speakers Mr. Evan White, a 17- years. Due to this crippling disease I spent team for their enormous success during the year-old resident of Wesley Hills in Rockland the next three years of my life in the hos- 1996 season. County, in my own 20th Congressional District pital, undergoing various painful rehabilita- f of New York. Evan was diagnosed with Lyme tion and medical treatments. disease 5 years ago. In 1993, he testified be- As my will strengthened during this, men- NATIONAL DEFENSE AUTHORIZA- fore the Senate Labor and Human Relations tally and physically draining my time, with TION ACT FOR FISCAL YEAR 1997 Committee regarding the severe impact Lyme my family’s support I testified to Senator Kennedy at a senate hearing on Lyme Dis- SPEECH OF disease had on his life. ease. Although I had great difficulty speak- As I stated at the rally regarding Evan and ing I told the Senator, that the children with HON. WILLIAM H. ZELIFF, JR. others like him: The grit and courage that he Lyme could not think or sleep and that we OF NEW HAMPSHIRE and so many other young people like him needed his help. have shown challenge us to ensure that the That was three years ago, after a year of IN THE HOUSE OF REPRESENTATIVES resources to conduct research into this dis- antibiotic treatment and endless rehabilita- Tuesday, May 14, 1996 tion and support from my family, I’m fortu- ease are made available. For these young The House in Committee of the Whole people, Lyme disease often cuts them down nate enough to speak with you here today. After much missed school, I now attend House on the State of the Union had under and disables them in the prime of their years. school full time and hope to attend college consideration the bill (H.R. 3230) to authorize Often, they become ill and don't understand in a year. Although I still have many painful appropriations for fiscal year 1997 for mili- whyÐa condition that is very fearful for a symptoms of Lyme, with your support I keep tary activities of the Department of Defense, young child. fighting to someday be Lyme-free. to prescribe military personnel strengths for When Evan White was first diagnosed with But I am here to talk about the children fiscal year 1997, and for other purposes: Lyme disease at the age of 12, his life and across the country who suffer from Lyme Mr. ZELIFF. Mr. Chairman, the amendment that of his family were turned upside down. He Disease as I did. These children are very under discussion is being offered in response was confined to a wheelchair and unable to sick, very scared and they need your help. to the discovery, in late 1995 and early 1996, speak, read, or write for 3 years as he under- The most precious years of their lives are of serious mismanagement by the White being robbed from a disease which comes House Communications Agency, and those went painful rehabilitation and medical treat- from a creature that is barely visible. They ment. can’t be with their friends, go to school, play who share responsibility for oversight of that Evan missed 4 years of schooling due to his sports or even have fun, believe me I know. agency, including the White House Military Of- illness, but his perseverance in the face of this It isn’t fair that such young children be- fice, headed by Mr. Alan Sullivan, and the adversity is a lesson to us all. His life, and the come so sick. It’s not fair that our parents White House Office of Administration and lives of others like him, challenge all of us to should have to fight like soldiers to ensure Management, headed by Jodie Torkelson. ensure that the resources to conduct research that our illness is taken seriously. So to Ev- For those who do not knowÐand most do into Lyme disease are made available. eryone here today, to everyone in the gov- not know thisÐthe White House Communica- ernment, help us, take Lyme seriously. We tions Agency is formally charged with provid- Speakers at the rally other than Evan under- have to and we can not survive without you. scored the importance of Lyme disease re- The children of America are in danger! You ing telecommunications support to the Presi- search. Dr. Stephen E. Straus of the National must help us by finding a cure now! Please dent, and has existed since the late 1940's. Institutes of Health announced the first intra- don’t forget us! However, today this once small office now mural research on chronic disease and infec- f spends more than $ 100 million annually and tion affecting the brain. Dr. Duane J. Gubler of employs more than 900 persons. the Centers for Disease Control and Preven- JACKSON STATE UNIVERSITY Recent mismanagement of this office has tion announced the establishment of a task GOLF TEAM been significant, and necessitates serious re- force. Karen Vanderhoof-Forschner, cofounder form. Findings and recommendations are de- and chair of the Lyme Disease Foundation, HON. BENNIE G. THOMPSON tailed in two inspector general reports that Dr. Joseph Burrascano of Long Island, Dr. An- OF MISSISSIPPI were issued in November 1995 and April thony Lionetti of New Jersey, and the psychia- IN THE HOUSE OF REPRESENTATIVES 1996. Chairman CLINGER's committee, and trist Dr. Richard Bransfield made excellent this subcommittee, have been investigating presentations regarding progress in the fight Wednesday, May 15, 1996 this office for almost 2 years. And we are against Lyme disease. Ira Maurer, an attorney, Mr. THOMPSON. Mr. Speaker, I rise today planning a hearing on Thursday, May 16 on discussed the plight of people caught in the to pay special recognition to the Jackson State this very issue. middle of health care containment and physi- University [JSU] golf team. JSU is a Histori- What we have now had confirmed to us, cians trying to practice good medicine, and cally Black University located in Jackson, MS after extensive efforts by the White House last Roberta Bethencourt, addressed the social im- and recently won its eighth consecutive South- year to block any congressional oversight, is pacts of Lyme disease. Hillary MacDonald, the western Athletic Conference [SWAC] golf this. daughter of a Lyme disease victim, informed championship. The White House Communications Agency, us of the impact the disease had on her fam- This unprecedented accomplishment is a re- which is funded through the Defense Depart- ily. sult of hard work and determination. When ment's Information Systems Agency, has been In addition, I was joined at the podium by a JSU travels to the University of Michigan to unchecked and has wasted millions of tax- host of our colleagues who had made names participate in the National Collegiate Athletic payer dollars between 1993 and 1995. White for themselves for their compassion and their Association [NCAA] District 6 Central Region House personnel responsible for oversight May 15, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E809 have been asleep at the switch, and the De- of Wayne, NJ and its educators for their com- neither are we winning it. We must reassess fense Information Systems Agency has been mitment to excellence in education. In the third and revitalize our efforts. timid in questioning the White House prac- Fighting drugs requires a systematic ap- article of a five-part series currently running in proach on a number of fronts. There are four tices. USA Today, the Wayne Valley High School key elements to drug control policy: In particular, the IG's reports reveal that the District was specifically cited as an education LAW ENFORCEMENT White House Communications Agency budg- system worth migrating to. There is no question that cities have felt ets have been unreviewed; the White House This May 15, 1996, article on education in the brunt of drug-related crime, but law en- Communications Agency annual performance the United States focused on the importance forcement officials in our small towns and plan has failed to meet Department of De- of residential location and school districting rural areas express their concern that theft, fense standards; acquisition planning has when families make decisions on where to domestic violence, and juvenile crimes are been inadequate, and has included an unwill- raise families. The story pointed out that ``real increasingly linked to illegal drugs. I answer ingness to put millions of dollars' worth of con- estate agents, appraisers, home builders, and letters each week from Hoosier children who tracts out to bid, essentially ignoring Federal are worried about drugs and violence in their tax authorities overwhelmingly agree that prox- schools. procurement law; wasteful purchases have imity to high-quality schools is now the No. 1 In southern Indiana, federal funds support been made, including the purchase in 1994 of factor in determining what a home is worth in local police officers, Drug Enforcement a $4.9 million piece of mobile communications any given market.'' Agency officers, and the Southern Indiana equipment that the White House now admitsÐ Citing schools as her top priority, the article Drug Task Force for undercover operations. and this is something out of the keystone specifically mentioned Ms. Alice Li of Wayne, The National Guard and the Civil Air Patrol copsÐwill not fit on the C±141 airplane that NJ. Ten years ago the Li family, with very eradicate billions of dollars of marijuana and transports such equipment for the President, other plants each year. We must focus on young daughter Winnie, moved from Penn- youth, gangs, and domestic violence, and and was also made incompatible with most sylvania to New Jersey. Although her daughter give law enforcement officers, judges, and hotel electricity units; and the White House was very young, Ms. Li cited the talented and prosecutors the resources to provide swift Communications Agency has also purchased gifted program of the Wayne School District as justice. Prosecutors must focus on key drug goods and services without legal authority, an important factor which brought them to the crime figures, and judges should be given and without binding contracts. 8th district. tough but flexible sentencing guidelines to In short, this has been a black hole, over at Mr. Speaker, Ms. Li had the foresight to ensure that first-time offenders do not be- the White House, into which we have been come addicts, and that drug traffickers are plan for young Winnie's future education. The severely punished. pouring nearly $100 million annually without result: Winnie has scored perfectly three EDUCATION, PREVENTION, AND TREATMENT any executive branch oversight. It has also be- straight years on the National Latin Exam, is come a pot of money devoted to many things Law enforcement officers tell me that, un- the editor of the school newspaper, and will less we reduce the demand for drugs, no level that have nothing to do with telecommuni- graduate Wayne Valley High with a 4.0 grade of punishment or eradication will be able to cations or the President. point average. It comes as no surprise that win the war on drugs. Drug education pro- For example, the White House deploys De- with such strong academic credentials, Winnie grams have helped stigmatize drug use in partment of Defense moneys to fund an elabo- will attend Harvard University in the fall. I com- schools and the workplace, and treatment— rate frame shop in the basement of the White mend Winnie for her achievements and cer- when available—has proven successful in get- House, which frames any personal picture with tainly wish her continued success in Cam- ting people off drugs. Federal funds help nu- merous southern Indiana drug prevention the President or anything else a White House bridge, MA. staffer brings in to be framed. It funds steno- programs in schools and community agen- Mr. Speaker, this article is just another ex- cies. Studies show that, for each $1 spent on graphic services, audiovisual services, photos, ample of how vital quality school systems are prevention, $7 is saved on crime, health, and and emblems, podiums and other nontele- to our communities. Without responsible welfare costs. Treatment can be improved communications expenditures. teachers and challenging curricula in place, with more research, early access to treat- What this amendment would do is put an towns and cities have very little to offer par- ment, and compassionate care to the victims end to the broadranging mission creep that ents and would be residents. Strengthening of drug abuse. We should also consolidate and streamline the dozens of government has occurred, and start us back toward a de- education programs remain a top priority for gree of accountability. prevention programs, working hand in hand me and I will continue to work toward raising with America’s religious, community, and Now, as a footnote to all this, I must say the standards by which our schools measure that I am also greatly disappointed in the educational groups. themselves. I am pleased that Wayne, NJ and INTERDICTION AND ERADICATION White House, frankly. After learning of this one its stand-out pupils have been recognized level of mismanagement and waste, my sub- The main focus of U.S. counternarcotics ef- in this capacity. forts should be here at home, but there is a committee invited themÐin particular, Mr. Sul- Again, I commend Ms. Alice Li, her daugh- key international dimension—eradicating livan, and Ms. TorkelsonÐwho recently herself ter Winnie, and the Wayne Valley High School drug crops abroad and stopping the narcotics negotiated a memorandum of understanding District. flow across U.S. borders. Most illegal drugs enter the U.S. along the Florida shoreline or permitting this broad missionÐto testify before f the subcommittee on Thursday. the Mexican border. Federal interdiction ef- They were asked to respond to the IG's re- ANTI-DRUG EFFORTS forts include border control and interception ports. They were asked because they are of drug planes and ships in international ter- operational and have oversight responsibilityÐ ritory. We must use the most sophisticated HON. LEE H. HAMILTON intelligence, technology, and science to or have had until now. ±Instead of complying, shield our borders from the drug threat. as has been the track record of this White OF INDIANA IN THE HOUSE OF REPRESENTATIVES SOURCE COUNTRIES House on other matters, they are declining to Drug traffickers can best be stopped by ar- even appear. Wednesday, May 15, 1996 resting, convicting, and incarcerating them I will, therefore, once more ask themÐbe- Mr. HAMILTON. Mr. Speaker, I would like to on their own turf, and other countries must fore other measures are consideredÐto ap- insert my Washington Report for Wednesday, do their share. Money laundering, drug pro- pear and testify on Thursday. In the mean- duction, and organized drug cartels are May 15, 1996, into the CONGRESSIONAL time, I urge support for this narrowing amend- international problems, and cannot be solved RECORD. ment. by the U.S. alone. We should strengthen for- PROTECTING OUR CHILDREN FROM DRUGS f eign law enforcement and judicial institu- An estimated 12.2 million Americans tions. Cooperation with Mexican authorities USA TODAY RECOGNITION OF consume illegal drugs at least once a month, has improved, as demonstrated by the recent WAYNE VALLEY (NJ) HIGH causing enormous human costs in terms of destruction of a major Mexican-American SCHOOL DISTRICT lost productivity, drug-related violence, and drug ring. We should reward countries that ruined lives. Over 20,000 Americans die each convict drug traffickers, eradicate cocaine year in drug-related deaths. Fighting drugs and heroin farms, seize drug shipments, and HON. WILLIAM J. MARTINI is not cheap. The federal government will aggressively pursue illegal drug labs. We OF NEW JERSEY spend $15 billion this year, and local govern- should punish countries that do not do their IN THE HOUSE OF REPRESENTATIVES ments spend far more. Yet half of Americans share by linking drug cooperation to trade Wednesday, May 15, 1996 say that they, or someone in their family, or sanctions and foreign assistance. We must a close friend, has used illegal drugs, and use the U.N. and other multilateral organiza- Mr. MARTINI. Mr. Speaker, I am taking this drug use is increasing among young people. tions to share the burden and the costs of opportunity today to commend the community We may not have lost the war on drugs, but narcotics control. E810 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 YOUTH DRUG USE San Diego, he also holds the position as Hugh has worked both in and out of the class- Previous efforts to reduce drug use have president of the Baptist Ministers Union. While room to achieve educational excellence for been moderately successful, but hard core in this position, Dr. Winters has shown to be students, parents, and families in our commu- drug users and drug-related violence have a very capable leader in guiding both his nity. proven more difficult to stop. Progress has church and the ministerial organization to suc- Hugh graduated from Michigan State Uni- been made. The number of people who use drugs each month has fallen from 22.3 mil- cess and high achievement. He was instru- versity in 1960, and went on to get his mas- lion in 1985 to 12.2 million in 1994, and drug- mental in the building of the Martin Luther ters degree from MSU in 1964. During that related homicides are down 25 percent. It is King Jr. School, complete with classrooms, time, he started his career as a teacher in alarming, however, that drug use is increas- meeting halls, and banquet facilities. East DetroitÐwhere I grew upÐteaching jun- ing among young people. One in three high Dr. Winters is also an accomplished speak- ior high school social studies and working school seniors say they have used marijuana, er, often called upon to speak on various closely with students as coach for the track and reports show this figure is rising. In problems and concerns of the African-Amer- team. southern Indiana, parents, teachers, and ican community and the city at large. Civic responsibility and involvement are not local officials tell me that youth drug use is spreading swiftly in small towns and rural He lectures frequently on the matters of just ideas that Hugh Jarvis taught his students areas. consumer awareness and debt-free living. in the classroom, they are the values that he Protecting our children from the scourge His workshops and finance seminars, which has lived by example. Quietly, without much of drugs must be our top priority. Tough pen- he often conducts from various churches, fanfare, Hugh Jarvis worked for over three and alties for drug violations can help, but com- have helped to improve the lives of literally a half decades as an activist for better edu- munities must redouble their efforts to keep thousands of those who have heeded his ad- cation for students. kids from trying drugs in the first place. The vice and counsel. In 1985, Hugh's work in education was rec- Safe and Drug Free Schools Act provides fed- Lately, Dr. Winters has been working with eral funding to help local schools with drug ognized when Michigan Governor Jim Blan- prevention. In southern Indiana, federal other community leaders as a part of a group chard appointed him to the board of control of COPS community policing grants have to charter a new community credit union in the Northern Michigan UniversityÐa prestigious helped many law enforcement agencies ex- heart of my 50th Congressional District, an- position which allowed him to help direct NMU pand the DARE drug education programs in other indication of his tireless dedication to the and its educational mission. Hugh has also schools. I oppose efforts in Congress to re- social and economic well-being of hisÐand volunteered his time and expertise as a mem- duce or eliminate these programs. There are myÐcommunity. ber of the Michigan Public School Finance dozens of other efforts, and we should im- I am also proud of the many fair-lending Commission. prove cooperation among parents, schools, agreements that Dr. Winters assisted in forg- private groups, and law enforcement to iden- In his distinguished career, Hugh's commit- tify, punish, and treat repeat juvenile offend- ing with the many banks, and other financial ment to students and families has also led him ers. institutions in our city. to be a leader in the labor community, and to ACTIONS He has often been a great inspiration to me, work for the rights of teachers and educators. Congress should take several additional and I look forward to working with Dr. Winters Actively involved in the Michigan Federation steps to improve our drug war strategy. to raise the quality of life in our community. of Teachers and the Democratic Party since First, we must streamline the more than 50 Please join me in celebrating the great con- the early 1960's, Hugh was elected president federal agencies involved in the drug war. tributions and achievements made to the con- of the MFT in 1981. During his tenure as Second, we should increase monitoring of stituents of the 50th Congressional District by president, Hugh distinguished himself as a legal ‘‘source chemicals’’, which are used to Dr. Timothy Winters. person who worked tirelessly for better edu- process raw drugs and to make ‘‘artificial f cation for our children and better working con- drugs’’ such as methamphetamines. Third, ditions for the men and women who teach we must ask our foreign allies to do their PERSONAL EXPLANATION fair share to fight drugs. I have introduced them. legislation to impose trade sanctions on Mr. Speaker, Hugh Jarvis' example is one countries that fail to control narcotics pro- HON. MIKE WARD that all of us should take. His quiet and un- duction and trafficking. We should also OF KENTUCKY wavering commitment to education, and to giv- strongly link foreign assistance with a coun- IN THE HOUSE OF REPRESENTATIVES ing of himself for students and families in try’s drug control efforts. Fourth, Congress Wednesday, May 15, 1996 Michigan are a testament to him and to his should commit the necessary resources to profession. crack down on drug trafficking. Mr. WARD. Mr. Speaker, on May 15, 1996, As we observe this milestone in Hugh Jar- We must recognize, however, that domestic I was unavoidably detained and missed two and international law enforcement can only vis' distinguished career, I take great pride in do so much. As long as Americans are willing rollcall votes. I would like the RECORD to show calling him a personal friend, and in joining to spend billions of dollars on illegal drugs, that had I been present for rollcall vote No. with my colleagues to express my deep the traffickers and pushers will find new 173, on H.R. 3230, National Defense Author- thanks to him for his work. ways to meet that demand. If parents, ization for Fiscal Year 1997, motion to recom- f schools, churches, community groups, and mit, I would have voted ``yes.'' On rollcall vote public officials insist on personal respon- No. 174, final passage, I would have voted NATIONAL DEFENSE AUTHORIZA- sibility and provide support to end the cycle ``yes.'' TION ACT FOR FISCAL YEAR 1997 of addiction, we may be able to keep the next f generation of young people safe from the SPEECH OF scourge of drugs. TRIBUTE TO HUGH JARVIS f HON. CARDISS COLLINS OF ILLINOIS TRIBUTE TO DR. TIMOTHY HON. DAVID E. BONIOR IN THE HOUSE OF REPRESENTATIVES WINTERS OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Tuesday, May 14, 1996 HON. BOB FILNER Wednesday, May 15, 1996 The House in Committee of the Whole OF CALIFORNIA House on the State of the Union had under Mr. BONIOR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES consideration the bill (H.R. 3230) to authorize pay tribute to Hugh Jarvis, a constituent, good appropriations for fiscal year 1997 for mili- Wednesday, May 15, 1996 friend, and dedicated educator who retired last tary activities of the Department of Defense, Mr. FILNER. Mr. Speaker, I rise today to February after serving for nearly 15 years as to prescribe military personnel strengths for recognize a truly remarkable leader from my president of the Michigan Federation of fiscal year 1997, and for other purposes: 50th Congressional District in San Diego. In Teachers and School Related Personnel. Mrs. COLLINS of Illinois. Mr. Chairman, I the Reverend Dr. Timothy Winters, we find a At a time when all of us are working to im- rise in support of the amendment offered by man who has dedicated his life to improving prove educational opportunities for American Congressman TORKILDSEN and Congress- the socio-economic and spiritual well-being of families, the work of Hugh Jarvis is an inspira- woman HARMAN which moves to restore san- many of our neighborhoods and communities tion. For 36 years, Hugh has dedicated him- ity, and bipartisan reality to the U.S. Congress. in San Diego. self to improving education in Macomb County Last year, the radical GINGRICH-ARMEY Repub- In addition to being pastor of the Bayview and throughout Michigan. As a respected jun- licans prevailed in inserting their radicalism Baptist Church, one of the largest churches in ior high school teacher, coach, and volunteer, into the Defense Department authorization and May 15, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E811 forced upon the U.S. military that it had to kick Throughout his career, Chief Nunes has This legislation comes in direct response to out valuable experienced, trained U.S. military worked to make our streets safer, our commu- OPM's decision to allow Blue Cross/Blue personnel if and when they were diagnosed as nities stronger, and our children's future bright- Shield [BC/BS] to alter the prescription drug being HIV-positive. er. He knows the meaning of long nights, hard benefit of their standard benefit package for Upon signing the DOD bill for fiscal year work, and personal sacrifice. His many com- Federal retirees on Medicare. Prior to 1996, 1996, President Clinton instructed the military munity activities further reflect his commitment there was no cost-sharing for prescription that it would be the policy of his administration to the citizens of the East Bay community, and drugs purchased at a network retail pharmacy to not enforce that provision. A bipartisan om- are indicative of his devotion to the building of or through the mail order pharmacy. Starting nibus appropriations conference committee a better society. in January 1996, BC/BS began charging Fed- supported President Clinton's position by in- It is my sincere hope that Chief Nunes will eral retirees on Medicare a new 20 percent cluding a provision to override the discharge enjoy a well-deserved retirement from the copayment for prescriptions purchased at their mandate. The current DOD authorization bill force. His contributions have been both for- network retail pharmacies. The only way this for fiscal year 1997 has a rerun of the radically midable and enduring, and I know all of my new copayment can be avoided is to use the conservative, homophobic and punitive meas- colleagues will join me in wishing him every mail order pharmacy program offered by BC/ ure that is really only designed to further har- good thing in the days ahead. BS. ass persons because of their sexual orienta- f Many of us heard from constituents who op- tion. It has been widely publicized that the posed this change. Most seniors live on fixed 1,000 plus active military personnel currently TRIBUTE TO BOB SLIVOVSKY AND incomes and are sensitive to sudden in- known to be HIV-positive reflect a broad KENNY WILLIAMS creases in the cost of prescription drugs. They cross-section of American life. There are mar- are also the segment of our population that ried men and women, single men and women, HON. WILLIAM O. LIPINSKI uses the most medications. At the same time, gays and straights, mothers and fathers OF ILLINOIS seniors tend to have long standing relation- among the HIV-positive currently serving in IN THE HOUSE OF REPRESENTATIVES ships with their local pharmacists who provide our military, just like there are all across our Wednesday, May 15, 1996 important health care services to them. A local great land. retail pharmacist is often willing to perform The Americans with Disabilities Act [ADA] Mr. LIPINSKI. Mr. Speaker, I wish to pay tribute to two outstanding individuals who have services such as color-coding their prescrip- passed by Congress and implemented into tions, providing special caps for easy opening, helpful law all across America, prohibits dis- contributed greatly to athletic competition in my district and throughout the Chicago areaÐ and offering important face-to-face counseling. crimination against and provides for accommo- In addition to being health care providers, dation for persons who are HIV-positive Mr. Bob ``Slivers'' Slivovsky and Mr. Kenny WilliamsÐwho were inducted into the Illinois local pharmacies play an important local eco- among the many listed disabilities. Our dedi- nomic role. Sending prescriptions to mail order cated military personnel deserve the same fair Basketball Coaches Hall of Fame on April 27, 1996. pharmacies takes dollars and jobs out of our and culturally competent support as any other communities. The bottom line is that this ben- person afflicted with a physical or medical dis- Slivers Slivovsky has devoted most of his life to athletics at Morton College in Cicero, IL, efit change by BC/BS hurts both our constitu- ability. Logical persons understand that a per- ents' health and our local economies. son can be HIV-positive for 20 or more years first as a member of the school's baseball team in the early 1950's, and for the last 24 More than 70 colleagues joined me in writ- without developing AIDS or any further symp- ing to OPM in December 1995 opposing this tom or manifestation of HIV/AIDS. Reasonable years as equipment manager, a job title that does not even begin to describe his respon- benefit change. We are still awaiting an impor- persons have learned that HIV is a sexually tant report from GAO that will detail the effect transmitted disease that cannot be contracted sibilities. As Morton Athletic Director George Fejt said of his prized employee: He's our fa- of various prescription drug policies on both by simple human contact. enrollees and community pharmacies. We In supporting this Torkildsen/Harman cility manager, sports information director, fundraising coordinator, and goodwill ambas- asked OPM to delay implementation of this amendment, my colleagues are in good com- benefit change until the GAO study was com- pany. Let me just list a few of the people and sador. However, it may be Slivers work outside of plete and until other cost-savings alternatives organizations my colleagues have advised us were investigated. That letter is attached at are in support of this amendment: The Amer- the school that made the difference in receiv- ing his recognition by the hall of fame as a the end of this statement. ican Medical Association [AMA]; the Air Force OPM did not agree with our concerns and friend of basketball. For years, he has run and Association; the Veterans of Foreign Wars went ahead with implementing the benefit organized the Henry Vais Basketball Tour- [VFW]; Disabled American Veterans [DAV]; change as scheduled. What happened then nament at Morton, a two tiered competition for the Human Rights Campaign; former Senator was nothing short of chaos. The mail order local grade-school players of differing skill lev- and former Senate Armed Services Committee pharmacy company was not prepared for the els that is recognized as one of he best tour- chairman Barry Goldwater; Secretary of De- tremendous increase in business resulting naments of its kind. fense William Perry; Secretary of Veterans Af- from the new 20 percent copayment at retail fairs Jesse Brown; and Gen. John The tournament is his pride and joyÐno team is eliminated and the kids enjoy them- pharmacies. We received reports of doctors Shalikashvili, Chairman of the Joint Chiefs. attempting to submit prescriptions being told I urge my colleagues to support the selves. It provides kids with an opportunity to play and not worry about the wins and the that the fax machines had been unplugged Torkildsen/Harman amendment that eliminates and they were not accepting new prescrip- the current bill language requiring that military losses, as Slivers describes it. f tions, enrollees were reporting delays of sev- personnel who are HIV-positive be discharged eral seeks before obtaining their prescriptions, from the service, and to support fairness for all THE FEDERAL HEALTH PROGRAM and there were problems with incomplete or U.S. citizens, including our dedicated military BENEFIT CHANGE ACCOUNTABIL- incorrect orders. A constituent of mine in Balti- service members. ITY ACT more stated that she had ``literally spent one f month on this phone with this company.'' She RECOGNIZING JAMES R. NUNES HON. BENJAMIN L. CARDIN also said that when her order finally arrived, OF MARYLAND her bottle was seven pills short, and her hus- HON. BILL BAKER IN THE HOUSE OF REPRESENTATIVES band's was shy two pills. To OPM's credit, they immediately moved to OF CALIFORNIA Wednesday, May 15, 1996 IN THE HOUSE OF REPRESENTATIVES correct these severe inadequacies of the pro- Mr. CARDIN. Mr. Speaker, I rise today with gram. They allowed a limited number of enroll- Wednesday, May 15, 1996 a bipartisan group of Representatives to intro- ees to temporarily obtain their drugs at their Mr. BAKER of California. Mr. Speaker, for duce the Federal Health Program Benefit local pharmacies without the copayment pen- more than three decades, James R. Nunes Change Accountability Act. This legislation alty. While it does appear that these extreme has served as an officer of the law. Since would prevent the Office of Personnel Man- problems have been corrected, the fact re- 1979, he has been chief of the Pleasant Hill, agement [OPM] from making significant mains that there are still problems and inequi- CA Police Department in my home district. changes to Federal retirees' health benefits ties. Now, after 37 years of service as a police offi- without first reporting to Congress what those Mail order pharmacies are certainly an ap- cer, first with the military and then with three changes will entail, how costs to retirees will propriate option to make available for enroll- different cities, he is retiring from the force. be impacted, and how quality will be assured. ees. However, this new copayment structure E812 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 does not result in a real choice for seniorsÐ a mail order operation diverted $400 million years; third, the band has received a superior it simply increases their out-of-pocket costs. from our districts in sales, revenues and jobs rating at State, regional, or national levels of Mail order pharmacies are not an appropriate from the local pharmacies. If this new competition; fourth, the band has performed at change becomes effective, an estimated $600 significant meetings at State, regional, and na- source for acute drugs because of the length million will leave our districts in 1996 and in- of time it takes to obtain a prescription. This stead be invested in an out-of-state mail tional levels; and fifth, a number of students in new BC/BS policy imposes a new 20 percent order firm. Many local pharmacies are small the band have participated in district and all- copaymentÐwhich can be a significant costÐ businesses that cannot afford a shift of their State honor bands or similar groups. There is on enrollees needing acute prescriptions. For local business to out-of-state mail order no limit on the number of bands which can re- them, the mail order pharmacy is not a viable firms. Second, Federal retirees, many of ceive the Sudler Flag of Honor each year. So option to avoid this new costs. If the 20 per- whom take multiple prescriptions that re- indeed, not only is it a remarkable accomplish- cent copayment is a serious impediment, then quire face-to-face pharmacist counseling and ment that the W.T. Woodson Band earned this close monitoring of prescription use, will the senior may use the mail order option any- honor, it is equally commendable that it is one lose the medical counseling of their local of only two bands worthy of receiving the way. Their health could be seriously impacted pharmacists when they switch to the mail by that decision. In addition, people have been order program due to financial constraints. award in 1996. unable to obtain color-coding for their prescrip- We have strong reservations about cost- Mr. Speaker, I know my colleagues will join tionsÐan important service for a frail senior saving solutions that place an economic pen- me in applauding the hard work and commit- taking a strong regimen of prescriptions. alty on the use of local pharmacies. There ment of Mr. Casagrande and this talented I, along with several colleagues, have spent are alternative approaches that BC/BS could group of young musicians. I congratulate them months looking into possible remedies to pre- take to achieve cost-savings in the area of on receiving this distinguished award and for vent OPM from making decisions on benefit prescription drug use. One solution would be making their parents, neighbors, and commu- to implement a mandatory generic drug pro- nity proud of this exceptional achievement. changes in a vacuum as they do today. Our gram. Another solution could be a reason- f goal is to avoid any repeat performances of able copayment, such as one or two dollars, the problems we have seen this year. Our leg- per prescription drug. Neither of these alter- 50TH ANNIVERSARY OF SACRED islation is entitled ``The Federal Health Pro- natives would disadvantage our neighbor- HEART CHURCH IN FEEDING gram Benefit Change Accountability Act.'' It hood pharmacies which play important HILLS, MA details the multiple problems resulting from health care and economic roles in our com- OPM's decision to make this benefit change munities. and would institute a new reporting process. You may be aware that the GAO has re- HON. RICHARD E. NEAL cently been asked to study the impact of BC/ OPM would be required to provide an annual OF MASSACHUSETTS BS’s FEHBP’s prescription drug program IN THE HOUSE OF REPRESENTATIVES report to Congress that would describe any policies on enrollees and community phar- significant changes for the upcoming year in macies. We believe that this is an important Wednesday, May 15, 1996 Federal retiree health benefits. The report study and that the results should be known Mr. NEAL. Mr. Speaker, today I would like would also provide Congress with the details before this new policy is implemented. to recognize the Parish of Sacred Heart that were missing this past year. It would ex- Therefore, we ask you to take action to post- Church in Feeding Hills, MA which will be plain what cost savings expected to be pone implementation of this change until celebrating its 50th anniversary on Sunday, achieved, how enrollees would be financially the GAO study is complete and to consider May 19, 1996. For the past half century, Sa- alternative cost-saving approaches such as affected by the change, and how quality of those mentioned in this letter. cred Heart Church has been an integral part care would be impacted. Congress would then Sincerely, of the Springfield Catholic Diocese and a have time to react if there were concerns with Benjamin L. Cardin and 68 Members of mainstay in the town of Agawam. The church the change. Congress. began as a small mission chapel for Mount The bill has been endorsed by the National f Carmel Church in Springfield and was run by Association of Chain Drug Stores, the National the Stigimatine Fathers. In 1946, Bishop Association of Retail Druggists, the National TRIBUTE TO W.T. WOODSON HIGH Thomas M. O'Leary declared Sacred Heart a Council on Aging, and the National Council of SCHOOL CONCERT BAND OF territorial parish in Feeding Hills to be run by Senior Citizens, The original cosponsors are: FAIRFAX the Stigimatine Order. Representatives J.C. WATTS, HOYER, GILMAN, Sacred Heart had 175 families in its parish MORELLA, PICKETT, LAFALCE, CRAMER, HON. THOMAS M. DAVIS in 1946 but its chapel could only accommo- POMEROY, BREWSTER, TIM JOHNSON, MORAN, OF VIRGINIA date 125 people. The need for a new larger MEEK, and EHRLICH. We urge our colleagues IN THE HOUSE OF REPRESENTATIVES church was immanent and the parishioners immediately began working together to raise to join us in preventing OPM from making new Wednesday, May 15, 1996 benefits changes that negatively impact sen- the necessary funds for the new construction. iors' health and our local communities. Mr. DAVIS. Mr. Speaker, it gives me great After more than ten years of hard work, the CONGRESS OF THE UNITED STATES, pleasure to rise today and pay tribute to the diligence of these parishioners was rewarded Washington, DC, December 15, 1995. W.T. Woodson Senior High School Concert in 1959 when Bishop Christopher Weldon JAMES B. KING, Band of Fairfax, which will receive one of the dedicated the new Sacred Heart Church. The Director, Office of Personnel Management, most prestigious international awards for high expansion did not end with the new church, Washington, DC. school concert bands. On May 17, 1996, the however, and in 1964 the men of the parish DEAR MR. KING: We are writing to raise W.T. Woodson Band will receive the John built the Sacred Heart Restaurant at the Big concerns about the implementation of a new Philip Sousa Foundation's Sudler Flag of 20 percent copayment for prescriptions filled ``E'' in West Springfield and the Parish Center in local retail pharmacies under the Blue Honor, an award which recognizes high school was dedicated in 1971. During this period, an Cross/Blue Shield Federal Employees Health concert bands that have demonstrated the athletic program was established for the young Benefits Program. highest standards of excellence in all respects people of the parish and a parish library was As you know, beginning January 1, 1996, of their activities. Under the direction of a very added, complete with adult bible classes. The this change will make it more costly for al- dedicated and talented music director, Mr. parish had certainly blossomed into a major most one million Federal retirees with Medi- John Casagrande, it is one of only two bands center for community activity in the Feeding care Part B coverage if they want to con- from the entire United States and Canada to tinue to obtain their prescriptions at their Hills area and was a source of tremendous neighborhood pharmacy. The only way for receive this coveted award this year. pride for the citizens of Agawam. Federal retirees to avoid the imposition of Each year, the John Philip Sousa Founda- Today the parish has grown to 2,065 fami- this new cost-sharing will be for them to tion awards the Sudler Flag of Honor after lies and has been transferred from the leave their neighborhood pharmacy and send conducting a rigorous selection process under- Stigimatine Order back to the Springfield Dio- their prescriptions to an out-of-state mail taken by a committee made up of nationally cese. This tremendous growth and the order firm. The rationale for this change is known band conductors. The Selection Com- parish's continued commitment to charitable that it is a cost-saving measure. While we mittee chooses award recipients based on the organizations and community development commend efforts by BC/BS to lower costs for following criteria: First, the band's music direc- have made Sacred Heart one of the true gems the Federal Government and their enrollees, we question whether these savings will be tor has been incumbent in his or her own posi- of the Second Congressional District. I would passed through to enrollees. tion for at least 7 consecutive years; second, like to salute Rev. Kenneth Tatro, the Pastor Two aspects of these efforts are abun- the band has maintained a high standard of of Sacred Heart; Pastoral Minister Sister Ei- dantly clear to us. Last year, BC/BS’s use of excellence in the concert area for several leen Sullivan, SSJ; Deacon James Martone; May 15, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E813 and the many dedicated parishioners who flicts of human history, but the peacetime moved. It is a reminder of the depths of evil have donated so much time and energy over economy that was created in its aftermath laid human kind is capable of. And it serves as a the years to ensure Sacred Heart's place the groundwork for so many positive opportu- warning that we must never let it happen among the most outstanding institutions in nities to come. Wakefern was created out of again. For anyone to commercialize Auschwitz Western Massachusetts. just such an opportunity. In Newark, NJ, eight or develop its immediate surroundings would Sacred Heart is a tremendous source of independent grocers joined together to create be an affront to all of us, and to the memories pride for not only the Springfield Diocese but a buying cooperative, Wakefern Food Corp., of the millions of victims of the Holocaust. for the entire Second Congressional District. I so they could get the benefit of buying dis- Approximately 1.5 million people were killed am honored to represent the outstanding indi- counts. Like so many other companies, their at Auschwitz during World War II. The 50,000 viduals who comprise Sacred Heart parish and earliest days were filled with endless chal- people who visit the camp sites every year are I join with the citizens of the Second Congres- lenges and difficulties. Yet, through hard work there to understand the monstrous inhumanity sional District in offering a most heartfelt con- and dedication to a dream they persevered, that took place. To exploit the camps for eco- gratulations on this ``golden'' anniversary. Sa- and the company became the success that it nomic gain is an insult to everyone who has cred Heart has truly succeeded in its mission is today. worked to ensure the Holocaust's unique to foster a cooperative and inclusive spirit in Today, Wakefern and its ShopRite super- place in the world's history and culture. the community and I wish Sacred Heart markets represent the largest retailer-owned The Polish Government recently announced Church all the best for another successful 50 cooperative in the United States and are New that it would temporarily halt further develop- years. Jersey's second largest employer. Their 37 ment of the shopping center outside the f members own and operate those super- Auschwitz death camp and set up a special markets employing 35,000 associates and government commission to examine the legal- DON’T DISCRIMINATE AGAINST serving 500 communities in New Jersey and ity of the planned supermarket. The First Sec- THE HIV-POSITIVE more than 3 million customers each week. retary also noted that Poland's President Throughout the region, the firm employs Aleksander Kwasniewski ``strongly criticized HON. SAM FARR 15,000 more associates. the proposed construction.'' The final decision OF CALIFORNIA Wakefern takes its mission of excellence se- on whether to proceed with the shopping cen- IN THE HOUSE OF REPRESENTATIVES riously, and it also understands that this mis- ter lies with the town council of Oswiecim- sion can only be extended through community Brzezinka. Wednesday, May 15, 1996 involvement. ShopRite's owners and Wakefern There must be no equivocation on termi- Mr. FARR of California. Mr. Speaker, I rise have dedicated themselves to improving edu- nation of this shopping center. The construc- today to express strong opposition to an unfair cational opportunities through programs such tion must stop permanently. A commercial en- and discriminatory provision in the National as the supermarket careers effort for special deavor so close to Auschwitz would be offen- Security Authorization Act of 1996. This provi- needs students. They have worked tirelessly sive not just to the memories of those who sion would require all HIV-positive personnel to fight hunger through their support of the were murdered there but to the sense that to be immediately and summarily discharged Community Food Bank of New Jersey, and Auschwitz stands as one of the most promi- from the military. they can continuously recognize the spirit of nent symbols of the lesson of the Holocaust, The provision is based on prejudice and friendship and love through their sponsorship ``Never Again.'' misunderstanding about HIV and the AIDS of the New Jersey Special Olympics. f virus. Being HIV-positive does not mean being This past March, I was pleased to join with bed-ridden. It does not mean you cannot work. those congratulating Wakefern's general mer- IN HONOR OF OFFICER KEITH It does not mean you are contagious. In fact, chandise facility in Jamesburg for winning the BRADDOCK it may take years before people who are HIV- Merit Site OSHA Award for workplace safety. positive show the debilitating symptoms of This year, Wakefern is celebrating its 50th HON. EARL POMEROY AIDS. anniversary in grand style, with commemora- OF NORTH DAKOTA Current military policy is fair and makes tive ceremonies and activities at Liberty State IN THE HOUSE OF REPRESENTATIVES sense. Those who are HIV-positive, as with Park and Ellis Island. While we join in this Wednesday, May 15, 1996 those with disabilities, are not sent in combat. celebration and recognize the dedication of so They are allowed to continue their service until many that have worked so hard to make Mr. POMEROY. Mr. Speaker, this week has they are too ill to serve. Wakefern and ShopRite the outstanding cor- been designated National Police Week. In But this provision would remove such per- porate citizen that it has become, we also pay conjunction with this, I would like to take a sons outright, whether they are ill or healthy. tribute to an individual who helped build this moment today to honor a North Dakota peace The assumption is, if you have HIV, you are company from the ground up, Tom Infusino. officer recently killed in the line of duty. a threat to others, you are sick, or something Tom has steadfastly led Wakefern as its chair- Watford City police officer Keith Braddock died is wrong with you. man for the last 25 years. His vision has March 20 of this year after he was shot while All of those beliefs are false. Magic Johnson helped transform Wakefern from a group of responding to an incident at the American Le- is one, more famous example, but there are local grocers to the great service corporation gion Club. tens of thousands of HIV-positive Americans that it is today. Mr. Speaker, Keith Braddock was a family who are healthy, working, and contributing to Mr. Speaker, I know that my colleagues man. He was married and had three children. society. would join me today in congratulating While his family must now try to move on from We should not discriminate against men and Wakefern, its 50,000 associates and its great this horrible nightmare, I hope it provides them women in uniform if they are still ableÐand leadership on 50 years of success, and in some comfort to know that every North Dako- still wantÐto serve their country. wishing them 50 more years of service to our tan is grateful for his service to the people of f community. our State. Cities and small towns all across f America are more secure because of dedi- 50TH ANNIVERSARY OF WAKEFERN cated peace officers like Keith. FOOD CORPORATION CONDEMNATION OF SHOPPING The tragedy that unfolded late that after- CENTER OUTSIDE AUSCHWITZ noon on Main Street has awakened the 1,800 HON. ROBERT E. ANDREWS residents of Watford City that they are not im- OF NEW JERSEY HON. ROBERT G. TORRICELLI mune to the all-too-prevalent acts of violence IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY occurring in our Nation's cities. Protecting citi- IN THE HOUSE OF REPRESENTATIVES zens from harms way is a dangerous taskÐ Wednesday, May 15, 1996 both in our urban centers and in rural Amer- Mr. ANDREWS. Mr. Speaker, I would like to Wednesday, May 15, 1996 ica. Although peace officers in many small bring to the attention of my colleagues one of Mr. TORRICELLI. Mr. Speaker, I rise today communities may know most of the folks in the great business success stories in my to condemn, in the strongest possible terms, a town, they can't be too cautious. For the most State, Wakefern Food Corp. of Elizabeth, NJ. proposed shopping mall to be located just out- part, these officers are out there on their Wakefern, which to many of us is known as side the Auschwitz death camp in Poland. ownÐbackup can be miles away. ShopRite, was born in 1946. The Second The Auschwitz death camp has left a scar This unfortunate situation has underscored World War was one of the great tragic con- in our minds and hearts that can never be re- the fact that senseless acts of violence can E814 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 happen anywhere. We owe a debt of gratitude munication, and promotion of physical activity Prairie's parents and other residents stand out to those like Keith Braddock who put their own and health. They seek to develop consistent as a shining lighthouse of an example of the lives at risk to make us a little safer. exercise messages to clarify for Americans the miracles that can happen when adults take the f confusing array of information that currently time to help out at their schools. exists and coordinate education efforts be- But, Mr. Speaker, the No. 1 reason Eden FREMONT HIGH SCHOOL tween the public and private sectors. Prairie High School has been chosen as a STUDENTS, FREMONT, MI I urge all Americans to challenge them- Blue Ribbon Award winner is its spirited stu- selves this May, National Physical Fitness and dents. This student body is focused in a most HON. PETER HOEKSTRA Sports Month, to make physical activity a reg- impressive way on real achievement and a re- OF MICHIGAN ular part of your life. lentless pursuit of the highest standards of ex- IN THE HOUSE OF REPRESENTATIVES f cellence. The students have worked hard to Wednesday, May 15, 1996 create a safe, supportive and drug-free envi- TRIBUTE TO EDEN PRAIRIE HIGH ronment. They have worked hard to establish Mr. HOEKSTRA. Mr. Speaker, I would like SCHOOL a record of academic excellence across the to acknowledge a bright, young group of stu- board. dents from Fremont, MI, who met with me HON. JIM RAMSTAD From student leadership to participation in yesterday. A special wish for a happy birthday OF MINNESOTA public service projects to help people in need is extended to Mr. T.J. Meister. A list of those IN THE HOUSE OF REPRESENTATIVES in the community, from the heavy emphasis representing the school follows: Wednesday, May 15, 1996 on scholastic achievement to the enthusiastic Fremont High School Students, Fremont, way they revel in the success of their class- MI: David Ammirati, Brooke Bacon, Sara Mr. RAMSTAD. Mr. Speaker, I rise today to mates, the students of Eden Prairie High Breuker, Christine Cooper, Jennifer Dueling, praise the entire Eden Prairie High School School deserve to claim this national honor as Jennifer Eitniear, Connie Erickson, John community for being named winner of the U.S their own. The students at Eden Prairie High Hughes, Heather Kraley, T.J. Meister, Department of Education's prestigious Blue Jessalynn Nieboer, Billie Jo Novak, Julie School are the kind of young people any par- Rottman, Kari Schipper, Jenna Scott, April Ribbon Award. ent would be proud to call their own. Smith, Kristine Stariha, Andrea Stroven, The Department of Education could not Mr. Speaker, please join me in congratulat- Mike Vanostenberg, and Amy Vanzant. have selected a more deserving high school ing the entire Eden Prairie High School Com- Baars Bultman, teacher. for this highly coveted honor. When it comes munity on a job well done and for setting such f to a comprehensive and successful approach a powerful example of what can be accom- to excellence in teaching, student achieve- plished by a school if everyone pitches in and MAY IS NATIONAL PHYSICAL ment, leadership and parental involvement, strives to do their best. FITNESS AND SPORTS MONTH Eden Prairie has, for a long time, set a lofty Today we salute Eden Prairie High School standard. as a blue ribbon award winner and for proving HON. JOE BARTON Mr. Speaker, this high distinction was well that schools all across America can succeed if OF TEXAS earned. Everyone at Eden Prairie High School everyone puts their minds and hearts into the IN THE HOUSE OF REPRESENTATIVES played a role in achieving this extraordinary effort like they do at Eden Prairie High School. level of educational excellence. f Wednesday, May 15, 1996 Under the visionary leadership of a most re- Mr. BARTON of Texas. Mr. Speaker, May is markable man, Principal Arne Johnson, Eden LEWIS AND CLARK DISCOVERY National Physical Fitness and Sports Month, Prairie High School has flourished. Arne is al- EXPEDITION 1996 conducted by the President's Council on Phys- ways there for each and every student. He ical Fitness and Sports. Every American provides at all hours of the day a willing ear, HON. JAMES M. TALENT should take this opportunity to celebrate and an understanding shoulder and a marvelous OF MISSOURI begin a fitness routine. The benefits from ex- and diverse source of advice and encourage- IN THE HOUSE OF REPRESENTATIVES ercise are far-reaching. Studies have revealed ment. that there is a direct connection between exer- Former superintendent Jerry McCoy and Wednesday, May 15, 1996 cise and lower death rates from heart attacks, new superintendent Bill Gaslin have also been Mr. TALENT. Mr. Speaker, I rise today to stroke, hypertension, non-insulin-dependent di- instrumental in preparing the fertile ground recognize the Lewis and Clark Discovery Ex- abetes, brittle bones, anxiety, and depression. and providing the necessary resources to pedition 1996: the reenactment of the world's However, in lieu of this information many grow the special love for learning that exists at most noted expedition. This 22-stop voyage Americans continue to remain inactive, with lit- Eden Prairie. The students have blossomed will retrace the first 6 weeks of the path of the tle or no physical activity in their daily lives. under their effective management. original expedition which began from St. Even low- to moderate-intensity activities A school board full of caring and committed Charles, MO, 192 years ago. like walking, gardening, or biking can bring citizens has selflessly devoted the time, talent Meriwether Lewis and William Clark's pur- benefits. I realize this so I have taken the op- and energy necessary to make Eden Prairie suit of discovery in the newly acquired Louisi- portunity to share my love of biking with my High School one of the best in all of America. ana Territory revealed some 168 unknown constituents. On my home page, you will find This historic designation was accomplished species of flora and 128 types of animals. ``Biking with Barton.'' This is a detailed explo- through the pioneering and innovative con- They used courage, hard work, and persever- ration on the Internet that allows you to link tributions of a truly dedicated administrative ance in overcoming extraordinary obstacles with other bike pages. I have included all sorts staff and dynamic collection of committed along their frontier exploration. The Lewis and of biking information from biking events and teachers. Their deep and unwavering commit- Clark Discovery Expedition 1996, will highlight books, to community activities, and details on ment to the students forms the foundation for the historic, scientific, and cultural con- how to bike to work. a very special relationship with the young peo- sequences of this celebrated journey. It will I am also happy to support organizations ple at Eden Prairie High School. The teachers also examine several other important themes like the National Coalition for Promoting Phys- and staff have gone above and beyond all such as the development of the United States ical Activity. They have a long-term mission to reasonable expectations to help kids, from the and the American character. motivate more Americans to be physically ac- extra hours spent coaching and teaching ex- The primary vehicle for this reenactment is tive. The national coalition is a collaborative tracurricular events to their efforts to bolster a replica keelboat constructed by boatwright partnership of groups who have identified their professional credentials through addi- Glen Bishop. The Keelboat, which Bishop physical activity and health as their primary tional postsecondary education. spent 10 years constructing, will contain nu- mission and is facilitated by the American Alli- Mr. Speaker, another key ingredient in the merous exhibits which highlight the historical, ance for Health, Physical Education, Recre- overwhelming success of Eden Prairie High cultural, and scientific discoveries made by ation and Dance; the American College of School has been the precedent-setting and in- Lewis and Clark. It will retrace the original Sports Medicine; and the American Heart As- spiring level of involvement by parents and voyage, making stops along the path that the sociation. To accomplish its goals the national members of the community. In this day and explorers followed during the Missouri leg of coalition will use its network to provide age when we in Congress hear so much their journey. ledaership to the American public and policy- blame being placed on the lack of participation Mr. Speaker, I would like to take this oppor- makers to increase the understanding, com- by parents in their children's education. Eden tunity to acknowledge this fine celebration of May 15, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E815 American history. I commend the members of raised there. It is a proud immigrant city, with stationed in North Africa and his volunteer ef- the planning committee and all those involved a rich history. It was very prominent in the forts working to preserve the environment. His for their hard work to help preserve the mem- 19th century and was renowned for it's robust light-hearted philosophy makes ``Jasiu'' a work ory of this historic expedition. mill industry. Today, for many families, it re- that is spirited and entertaining, despite the f mains a symbol for people to work hard and trials and tribulations he encounters. achieve one's goals. Mr. Nowak graduated from Lowell High TRIBUTE TO JOHN F. NOWAK I make this point, Mr. Speaker, for I feel that School and after returning to civilian life, he just as there are many families of this region earned an associates degree in business ad- HON. MARTIN T. MEEHAN who have made historic contributions to our ministration from Merrimack College. He then OF MASSACHUSETTS country, Mr. Nowak has made his own con- went on to receive two subsequent bachelor IN THE HOUSE OF REPRESENTATIVES tribution. Mr. Nowak served as a member of degreesÐone in liberal arts from Merrimack the Armed Forces and was a Federal em- College and the other in sociology from River Wednesday, May 15, 1996 ployee to our Government. I believe that by College. Mr. MEEHAN. Mr. Speaker, I rise today to writing and publishing ``Jasiu,'' Mr. Nowak has I commend Mr. Nowak's drive and ambition, pay tribute to an outstanding author, John F. achieved a lifetime goal. A goal that few of us as well as his love of learning. His sense of Nowak from the city of Lowell. ever achieve. human understanding gives his book a genu- Mr. Nowak is the author of ``Jasiu,'' an auto- In his book, Mr. Nowak tells a number of in- ine quality and paints a portrait of a man who biography honoring his education and experi- teresting stories about his experiences as a has lived and accomplished much. I extend ences as a child and later his adult years. I young Polish-American boy growing up in the my congratulations to John Nowak on the pub- know the city of Lowell, as I was born and 1930's, his adult years in the Air Force while lication of his book. E816 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1996 SENATE COMMITTEE MEETINGS Judiciary Appropriations To hold hearings to examine the Amer- Legislative Branch Subcommittee Title IV of Senate Resolution 4, ican Bar Association and its role in the To hold hearings on proposed budget es- agreed to by the Senate on February 4, selection of Federal judges. timates for fiscal year 1997 for the Con- 1977, calls for establishment of a sys- SD–226 gressional Budget Office and the Cap- tem for a computerized schedule of all 2:00 p.m. itol Police. Judiciary S–128, Capitol meetings and hearings of Senate com- Administrative Oversight and the Courts Judiciary mittees, subcommittees, joint commit- Subcommittee Business meeting, to consider pending tees, and committees of conference. To hold hearings on S. 582, to provide This title requires all such committees that certain voluntary disclosures of calendar business. violations of Federal laws made pursu- SD–226 to notify the Office of the Senate Daily Veterans’ Affairs Digest—designated by the Rules Com- ant to an environmental audit shall not be subject to discovery or admitted To hold hearings on miscellaneous veter- mittee—of the time, place, and purpose into evidence during a Federal judicial ans bills, including S. 281, S. 749, S. of the meetings, when scheduled, and or administrative proceeding. 1131, S. 1342, S. 1711, S. 993, S. 994, S. any cancellations or changes in the SD–226 995, S. 996, S. 1748, S. 1749, S. 1750, S. meetings as they occur. 1751, S. 1752, and S. 1753. MAY 22 As an additional procedure along SR–418 with the computerization of this infor- 9:30 a.m. Agriculture, Nutrition, and Forestry MAY 24 mation, the Office of the Senate Daily To hold hearings on S. 1166, to improve 9:30 a.m. Digest will prepare this information for the registration of pesticides, to pro- Appropriations printing in the Extensions of Remarks vide minor use crop protection, and to VA, HUD, and Independent Agencies Sub- section of the CONGRESSIONAL RECORD improve pesticide tolerances to safe- committee guard infants and children. on Monday and Wednesday of each To hold hearings on proposed budget es- SR–328A week. timates for fiscal year 1997 for the En- Commerce, Science, and Transportation Meetings scheduled for Thursday, To hold open and closed hearings on vironmental Protection Agency. May 16, 1996, may be found in the Daily broadcast spectrum issues (closed in S– SD–192 Digest of today’s RECORD. 407, Capitol). SR–253 JUNE 5 Rules and Administration 9:30 a.m. MEETINGS SCHEDULED To resume hearings on issues with regard Agriculture, Nutrition, and Forestry to the Government Printing Office, fo- To hold hearings to examine proposals to MAY 17 cusing on public access to Government reform the Commodity Exchange Act. 9:30 a.m. information in the 21st century and SR–328A Appropriations GPO’s depository library program. 10:00 a.m. VA, HUD, and Independent Agencies Sub- SR–301 Judiciary Small Business committee To hold hearings on S. 1237, to revise cer- Business meeting, to mark up proposed To hold hearings on proposed budget es- tain provisions of law relating to child timates for fiscal year 1997 for the Cor- legislation to strengthen, expand, and improve the Small Business Invest- pornography. poration for National and Community SD–226 Service. ment Company program, and to con- sider the nomination of Ginger Ehn SD–192 JUNE 13 Special Committee To Investigate Lew, of California, to be Deputy Ad- Whitewater Development Corporation ministrator of the Small Business Ad- 2:00 p.m. and Related Matters ministration. Appropriations To continue hearings to examine certain SR–428A Treasury, Postal Service, and General Gov- issues relative to the Whitewater De- 10:00 a.m. ernment Subcommittee velopment Corporation. Appropriations To hold hearings on proposed budget es- Defense Subcommittee SH–216 timates for fiscal year 1997 for the To hold hearings on proposed budget es- 10:00 a.m. White House Office of National Drug timates for fiscal year 1997 for the De- Foreign Relations Control Policy. partment of Defense, focusing on the To hold hearings on the nominations of United States Pacific Command. SD–192 Avis T. Bohlen, of the District of Co- SD–192 lumbia, to be Ambassador to the Re- Appropriations JUNE 18 public of Bulgaria, and Marisa R. Lino, Foreign Operations Subcommittee 9:30 a.m. of Oregon, to be Ambassador to the Re- To hold hearings on proposed budget es- Agriculture, Nutrition, and Forestry public of Albania. timates for fiscal year 1997 for foreign Research, Nutrition, and General Legisla- SD–419 assistance programs, focusing on tion Subcommittee peacekeeping and international organi- MAY 20 To hold hearings to review a report to zations and programs. the Department of Agriculture by the 10:00 a.m. SD–G50 Advisory Committee on Agricultural Finance 2:30 p.m. Concentration, and to examine other Social Security and Family Policy Sub- Commerce, Science, and Transportation livestock industry issues. committee To hold hearings on S. 1645, to regulate SR–328A To hold hearings on proposals to create United States scientific and tourist ac- personal savings accounts under Social tivities in Antarctica and to conserve Security. Antarctic resources, and related pro- SEPTEMBER 17 SD–215 grams. 9:30 a.m. SR–253 Veterans’ Affairs MAY 21 To hold joint hearings with the House 10:00 a.m. MAY 23 Committee on Veterans’ Affairs to re- Appropriations 10:00 a.m. view the legislative recommendations Foreign Operations Subcommittee Appropriations of the American Legion. To hold hearings on proposed budget es- Foreign Operations Subcommittee 334 Cannon Building timates for fiscal year 1997 for foreign To hold hearings on proposed budget es- assistance programs, focusing on inter- timates for fiscal year 1997 for foreign national financial institutions. assistance programs. SD–138 SD–106 Wednesday, May 15, 1996 Daily Digest Senate ton, D.C., as a member of the Library of Congress Chamber Action Trust Fund Board, effective June 30, 1996. Routine Proceedings, pages S5025–S5109 Page S5044 Measures Introduced: Four bills and two resolu- Trustees of the American Folklife Center: The tions were introduced, as follows: S. 1758–1761, S.J. Chair, on behalf of the President pro tempore, pur- Res. 55, and S. Con. Res. 58. Page S5093 suant to Public Law 94–201, appointed the follow- Measures Reported: Reports were made as follows: ing individuals as members of the Board of Trustees S. 1090, to amend section 552 of title 5, United of the American Folklife Center: James F. Hoy, of States Code (commonly known as the Freedom of In- Kansas, and Charles E. Trimble, of Nebraska. formation Act), to provide for public access to infor- Page S5044 mation in an electronic format, with an amendment Messages From the President: Senate received the in the nature of a substitute. (S. Rept. No. 104–272) following messages from the President of the United S. 1605, to amend the Energy Policy and Con- States: servation Act to manage the Strategic Petroleum Re- Transmitting the report of the National Science serve more effectively, with an amendment in the Board entitled ‘‘Science and Engineering Indica- nature of a substitute. (S. Rept. No. 104–273). tors—1996’’; referred to the Committee on Com- Page S5093 merce, Science, and Transportation. (PM–145). Congressional Budget: Senate began consideration Page S5091 of S. Con. Res. 57, setting forth the congressional Nominations Received: Senate received the follow- budget for the United States Government for fiscal ing nominations: years 1997, 1998, 1999, 2000, 2001, and 2002, tak- Christina A. Snyder, of California, to be United ing action on amendments proposed thereto, as fol- States District Judge for the Central District of Cali- lows: Pages S5025±70 fornia. Rejected: Thomas W. Thrash, Jr., of Georgia, to be United By 42 yeas to 57 nays (Vote No. 113), Grassley States District Judge for the Northern District of Amendment No. 3963, to reduce new budget au- Georgia. Page S5109 thority and outlays for the Department of Defense Messages From the President: Page S5091 for fiscal year 1997. Pages S5049±70 Messages From the House: Pages S5091±92 Senate will continue consideration of the resolu- tion on Thursday, May 16, 1996. Measures Referred: Page S5092 Appointments: Communications: Pages S5092±93 North Atlantic Assembly: The Chair, on behalf of Executive Reports of Committees: Page S5093 the Vice President, in accordance with 22 U.S.C. Statements on Introduced Bills: Pages S5093±99 1928a–1928d, as amended, appointed the following Additional Cosponsors: Page S5099 Senators as members of the Senate Delegation to the North Atlantic Assembly during the second session Amendments Submitted: Page S5100 of the 104th Congress, to be held in Vouliagmeni, Notices of Hearings: Page S5100 Athens, Greece, May 16–20, 1996: Senators Brown Authority for Committees: Pages S5100±01 and Akaka. Page S5044 Additional Statements: Pages S5101±03 Library of Congress Trust Fund Board: The Chair, on behalf of the Majority Leader, in consulta- Notice of Proposed Rulemaking: Pages S5070±89 tion with the Democratic Leader, pursuant to Public Record Votes: One record vote was taken today. Law 102–246, appointed Julie Finley, of Washing- (Total—113) Page S5070 D475 D476 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1996 Adjournment: Senate convened at 9:30 a.m., and APPROPRIATIONS—INTERIOR adjourned at 8:28 p.m., until 9:30 a.m., on Thurs- Committee on Appropriations: Subcommittee on Interior day, May 16, 1996. (For Senate’s program, see the and Related Agencies concluded hearings on pro- remarks of the Acting Majority Leader in today’s posed budget estimates for fiscal year 1997 for the Record on page S5103.) Department of the Interior, after receiving testimony from Bruce Babbitt, Secretary of the Interior. Committee Meetings APPROPRIATIONS (Committees not listed did not meet) Committee on Appropriations: Subcommittee on Treas- ury, Postal Service and General Government held FUTURES MARKETS hearings on proposed budget estimates for fiscal year 1997, receiving testimony in behalf of funds for Committee on Agriculture, Nutrition, and Forestry: Com- their respective activities from Frank Reeder, Direc- mittee concluded oversight hearings to examine price tor, and Jurg E. Hochuli, Associate Director of Fi- levels and volatility in United States grain markets, nancial Management Division, both of the Office of after receiving testimony from John E. Tull, Jr., Administration, Executive Office of the President; Acting Chairman, Commodity Futures Trading and James B. King, Director, Office of Personnel Commission; Patrick H. Arbor, Chicago Board of Management. Trade, Chicago, Illinois; Michael Braude, Kansas Subcommittee will meet again on Thursday, June City Board of Trade, Kansas City, Missouri; Kendell 13. W. Keith, National Grain and Feed Association, Washington, D.C.; J. William Uhrig, Purdue Uni- NIGERIA versity, Lafayette, Indiana; Roger G. Ginder, Iowa State University, Ames; and C. Richard Stark, Jr., Committee on Foreign Relations: Subcommittee on Afri- Fort Dodge, Iowa. can Affairs concluded hearings to review United States policy toward Nigeria, and on S. 1419, to im- APPROPRIATIONS—NIST/CENSUS BUREAU pose sanctions against Nigeria, after receiving testi- mony from Senator Moseley-Braun; Representative Committee on Appropriations: Subcommittee on Com- Donald Payne; Peter Tarnoff, Under Secretary of merce, Justice, State, the Judiciary and Related State for Political Affairs; Gay J. McDougall, Inter- Agencies held hearings on proposed budget estimates national Human Rights Law Group, Pauline Baker, for fiscal year 1997, receiving testimony in behalf of Fund for Peace, and David Miller, Corporate Council funds for the National Institute of Standards and on Africa, all of Washington, D.C.; and Jean Technology from Mary Lowe Good, Under Secretary Herskovits, State University of New York, Purchase. for Technology, and Arati Prabhakar, Director, Na- tional Institute of Standards and Technology, and in RUSSIAN ORGANIZED CRIME behalf of funds for the Census Bureau from Everett Committee on Governmental Affairs: Permanent Sub- M. Ehrlich, Under Secretary for Economic Affairs committee on Investigations held hearings to exam- and Administrator, all of the Department of Com- ine the growing threat of and Federal and State ef- merce. forts to combat Russian organized crime in America, Subcommittee will meet again tomorrow. receiving testimony from George Weise, Commis- sioner, United States Customs Service, and Edward STRIKE FIGHTER PROGRAMS L. Federico, Jr., Director, National Operations Divi- Committee on Appropriations: Subcommittee on Defense sion, Criminal Investigation, Internal Revenue Serv- met in closed session to receive a briefing on the ice, both of the Department of the Treasury; Jim E. F–22, F–18 and Joint Strike Fighter Programs of the Moody, Deputy Assistant Director, Criminal Inves- Department of Defense, receiving testimony from Lt. tigative Division, Federal Bureau of Investigation, Gen. George K. Muellner, Principal Deputy, Office Department of Justice; Igor Nikolayevich of the Assistant Secretary of the Air Force (Acquisi- Kozhevnikov, Russian Ministry of Interior Affairs, tion); Vice Adm. John A. Lockard, Commander, Moscow; Daniel Mackey and Ralph Cefarello, both Naval Air Systems Command; and Rear Adm. Craig of the New York City Police Department, New E. Steidle, Director, Joint Advanced Strike Tech- York, New York; William Pollard, Los Angeles Po- nology/Joint Strike Fighter Program, Office of the lice Department, Los Angeles, California; Michael Assistant Secretary of the Navy (RDA). Franzese, an incarcerated witness; and certain anony- Subcommittee will meet again on Wednesday, mous witnesses. May 22. Hearings were recessed subject to call. May 15, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D477 VIOLENCE AGAINST WOMEN sections 102 and 103 of S. 1219, relating to free and Committee on the Judiciary: Committee concluded reduced rate broadcast time in the general election hearings on S. 1729, to further protect victims of to an eligible Senate candidate from broadcast sta- stalking, the implementation and enforcement of the tions within the State or an adjacent State, receiving Violence Against Women Act of 1994, and to dis- testimony from Gregory M. Schmidt, LIN Television cuss society’s role in combatting domestic violence, Corporation, Washington, D.C., and Al Bramstedt, after receiving testimony from Senator Hutchison; Jr., KTUU–TV, Anchorage, Alaska, both on behalf Janet Reno, Attorney General, Department of Jus- of the National Association of Broadcasters; Jan tice; Denise Brown, Nicole Brown Simpson Chari- Ziska Crawford, Jan Crawford Communications, table Foundation, Dana Point, California; Beverly C. Paris, Virginia; Paul Taylor, Free TV for Straight Dusso, Harriet Tubman Center, Inc., Minneapolis, Talk Coalition, Bethesda, Maryland; Benjamin R. Minnesota; John C. Nelson, Salt Lake City, Utah, on Barber, Rutgers University, New Brunswick, New behalf of the American Medical Association; Ken- Jersey; P. Cameron DeVore, Davis White Tremaine neth J. Novack, Mintz, Levin, Cohn, Ferris, Glovsky Law Offices, Seattle, Washington; and Henry Geller, and Popeo, Boston, Massachusetts; Deborah E. Washington, D.C. Tjaden, Du Pont (E.I.) de Nemours and Company, INTELLIGENCE Wilmington, Delaware; and Kathryn J. Rodgers, Select Committee on Intelligence: Committee met in NOW Legal Defense and Education Fund, New closed session to consider pending intelligence mat- York, New York. ters. Committee recessed subject to call. CAMPAIGN FINANCE REFORM Committee on Rules and Administration: Committee re- WHITEWATER sumed hearings on proposals to amend the Federal Special Committee to Investigate the Whitewater Develop- Election Campaign Act of 1971 to provide for a vol- ment Corporation and Related Matters: Committee re- untary system of spending limits and partial public sumed hearings to examine certain matters relative financing of Senate primary and general election to the Whitewater Development Corporation, receiv- campaigns, to limit contributions by multicandidate ing testimony from Gaines Norton and Charles political committees, and to reform the financing of James, both of Little Rock, Arkansas. Federal elections and Senate campaigns, including Hearings continue tomorrow. h House of Representatives Community Management Account, and the Central Chamber Action Intelligence Agency Retirement and Disability Sys- Bills Introduced: 10 public bills, H.R. 3457–3466, tem, amended (H. Rept. 104–578 Part I). were introduced Page H5173 Page H5173 Reports Filed: Reports were filed as follows: Recess: House recessed at 9:08 a.m. and reconvened H.R. 3415, to amend the Internal Revenue Code at 10:10 a.m. Pages H5055, H5060 of 1986 to repeal the 4.3-cent increase in the trans- portation motor fuels excise tax rates enacted by the Utah Public Lands: The House agreed to H. Res. Omnibus Budget Reconciliation Act of 1993 and 303, providing for the consideration of H.R. 1745, dedicated to the general fund of the Treasury (H. to designate certain public lands in the State of Utah Rept. 104–576, Part I); as wilderness. Earlier, agreed to order the previous H. Res. 435, providing for further consideration question on the resolution by a yea-and-nay vote of of H. Con. Res. 178, establishing the congressional 221 yeas to 197 nays, Roll No. 169 Pages H5060±69 budget for the United States Government for fiscal Committees to Sit: The following committees and year 1997 and setting forth appropriate budgetary their subcommittees received permission to sit today levels for fiscal years 1998, 1999, 2000, 2001, 2002 during proceedings of the House under the five- (H. Rept. 104–577); and minute rule: Committee on Agriculture, Commerce, H.R. 3259, to authorize appropriations for fiscal Government Reform and Oversight, International year 1997 for intelligence and intelligence-related Relations, Judiciary, Resources, Science, Small Busi- activities of the United States Government, the ness, and Select Intelligence. Page H5069 D478 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1996 Department of Defense Authorization: By a re- partment of Energy to fund an existing program to corded vote of 272 ayes to 153 noes, Roll No. 174, assist the Russian government to shut down pluto- the House passed H.R. 3230, to authorize appropria- nium producing nuclear reactors out of unspent tions for fiscal year 1997 for military activities of the funds from prior years, rather than new funding; and Department of Defense and to prescribe military per- designates $5 million to the Department of Energy sonnel strengths for fiscal year 1997. Office of Environment, Safety, and Health to con- Pages H5069±H5103 duct annual inspections of compliance with nuclear Rejected the Dellums motion to recommit the bill safety requirements, to issue additional safety regula- to the Committee on National Security with instruc- tions, and to conduct investigations of potential safe- tions to report it back forthwith containing an ty violations involving occupational radiation haz- amendment that reallocates national missile defense ards. Pages H5086±H5100 funding for additional impact aid assistance and au- Rejected: thorization for the Corps Surface-to-Air Missile sys- The Solomon amendment that sought to prohibit tem (rejected by a yea-and-nay vote of 185 yeas to funds for the Cooperative Threat Reduction Program 240 nays, Roll No. 173). Pages H5100±03 in Russia and Belarus until the President certifies to Agreed to the Committee amendment in the na- Congress that Russia has met ten conditions relating ture of a substitute. Page H5100 to arms control, Russian foreign and military policy Agreed to: The Gilman amendment that prohibits any funds and Russian exports (rejected by a recorded vote of appropriated under any Act from being obligated or 202 ayes to 220 noes, Roll No. 170). Pages H5074±78 expended for the provision of assistance to Russia or The Klug amendment that sought to phase out any other state of the former Soviet Union to pro- the Uniformed Services University of the Health mote defense conversion, including assistance Sciences and change the current minimum active through the Defense Enterprise Fund (agreed to by duty requirement for the graduates of the Health a recorded vote of 249 ayes to 171 noes, Roll No. Profession Scholarship Program to seven years (re- 171). Pages H5078±81 jected by a recorded vote of 82 ayes to 343 noes, The Spence en bloc amendment, as modified, that Roll No. 172). Pages H5081±86 provides for the seven Uniformed Service Treatment The Clerk was authorized to correct section num- Facilities to change to a new program at the same bers, punctuation, cross references, and to make such time; requires a DOD study on mergers and acquisi- other technical, clerical and conforming changes as tions in the defense sector that addresses their effec- may be necessary in the engrossment of the bill. tiveness in eliminating excess capacity, degree of Page H5103 change in defense related Federal contracts relative to Presidential Message—National Science Board: total business, and effect on employment during the Read a message from the President wherein he sub- three years preceding enactment; authorizes the mits his report of the National Science Board on transfer of naval vessels to certain foreign countries Science and Engineering Indicators for 1996—re- and modifies authorities governing foreign arms ferred to the Committee on Science. Pages H5103±04 sales; requires an annual report on the purchases by DOD from foreign entities, including the dollar Budget Resolution: The House completed all gen- value of items for which the Buy America Act was eral debate on H. Con. Res. 178, establishing the waived, pursuant to any reciprocal procurement congressional budget for the United States Govern- memorandum of understanding, the Trade Agree- ment for fiscal year 1997 and setting forth appro- ments Act of 1979, and any international agreement priate budgetary levels for fiscal years 1998, 1999, to which the United States is a party; provides the 2000, 2001, and 2002. Consideration of amend- sense of Congress that it is in the security interest ments will begin on Thursday, May 16. of the United States to provide assistance to coun- Pages H5104±33 tries to improve the security of their fissile materials; Meeting Hour: Agreed that when the House ad- provides the sense of Congress that the Federal Gov- journs on Wednesday, it adjourns to meet at 9:15 ernment should support and encourage full utiliza- a.m. on Thursday, May 16. Page H5133 tion of the Southwest Border States Anti-Drug Infor- mation System; directs the Secretary of the Army to Amendments Ordered Printed: Amendments or- submit a plan for the reutilization or disposal of the dered printed pursuant to the rule appear on pages Mississippi Army Ammunition Plant within 180 H5174–84. days of enactment and designates the Multi Purpose Quorum Calls—Votes: Two yea-and-nay votes and Range complex at Camp Shelby, Mississippi as the four recorded votes developed during the proceedings ‘‘G.V. (Sonny) Montgomery Range’’; allows the De- of the House today and appear on pages H5068–69, May 15, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D479 H5077–78, H5080–81, H5085–86, H5102–03, and Solicitor General, Department of Labor; Robert H5103. There were no quorum calls. Nordhaus, General Counsel, Department of Energy; Adjournment: Met at 9:00 a.m. and adjourned at May Lou Keener, General Counsel, Department of 9:50 p.m. Veterans Affairs; Joseph B. Dial, Commissioner, Commodity Futures Trading Commission; Jonathan Cannon, General Counsel, EPA; Robert P. Murphy, Committee Meetings General Counsel, GAO; Lou Fisher, Senior Specialist, NATIONAL CHEESE EXCHANGE— American National Government, Congressional Re- PRACTICES AND PROCEDURES search Service, Library of Congress; and public wit- Committee on Agriculture: Subcommittee on Livestock, nesses. Dairy, and Poultry and the Subcommittee on Risk MISCELLANEOUS MEASURE; HISTORY OF Management and Specialty Crops held a joint hear- ARMENIAN GENOCIDE ing to consider issues raised by a recently released Committee on International Relations: Favorably consid- study of trading practices and procedures on the Na- ered and amended the following resolution and tional Cheese Exchange. Testimony was heard from adopted a motion urging the Chairman to request Alan Tracy, Secretary, Department of Agriculture, that it be considered on the Suspension Calendar: H. Trade, and Consumer Protection, State of Wisconsin; Con. Res. 154, to congratulate the Republic of and public witnesses. China on Taiwan on the occasion of its first Presi- Hearings continue tomorrow. dential democratic election. COMMERCE, JUSTICE, STATE, AND THE The Committee also held a hearing on the History JUDICIARY APPROPRIATIONS of Armenian Genocide. Testimony was heard from Committee on Appropriations: Subcommittee on Com- public witnesses. merce, Justice, State, and the Judiciary held a hear- DEFENSE OF MARRIAGE ACT ing on the Secretary of State. Testimony was heard Committee on the Judiciary: Subcommittee on the Con- from Warren M. Christopher, Secretary of State. stitution held a hearing on H.R. 3396, Defense of DISTRICT OF COLUMBIA APPROPRIATIONS Marriage Act. Testimony was heard from the follow- Committee on Appropriations: Subcommittee on the ing members of various State Legislatures: Terrance District of Columbia held a hearing on the D.C. Fis- W.H. Tom, Representative, Hawaii; Edward Fallon, cal Year 1997 Budget Request. Testimony was heard Representative, Iowa; Marilyn Musgrave, Representa- from Andrew F. Brimmer, Chairman, D.C. Financial tive, Colorado; Ernest Chambers, Senator, Nebraska; Responsibility and Management Assistance Author- and Deborah Whyman, Representative, Michigan; ity. and public witnesses. LABOR-HHS-EDUCATION MISCELLENEOUS MEASURES APPROPRIATIONS Committee on the Judiciary: Subcommittee on Courts Committee on Appropriations: Subcommittee on Labor, and Intellectual Property approved for full Commit- Health and Human Services, and Education contin- tee action a measure relating to PTO Government ued appropriation hearings. Testimony was heard Corporation, Reexamination of Patents, Publication from Members of Congress. of Patent Applications, Prior Domestic User Rights, Patent Reexamining Reform, and Investor Protection SECURITIES AMENDMENTS OF 1996 Rights. Committee on Commerce: Ordered reported amended The Subcommittee failed to approve H.R. 359, to H.R. 3005, Securities Amendments of 1996. restore the term of patents. ELECTRICITY REGULATION FISH AND WILDLIFE ACTIVITIES AND MIGRATORY BIRD TREATY ACT Committee on Commerce: Subcommittee on Energy and Power held an oversight hearing on Electricity Reg- Committee on Resources: Held an oversight hearing on ulation: A Vision for the Future. Testimony was U.S. Fish and Wildlife activities and the Migratory heard from public witnesses. Bird Treaty Act. Testimony was heard from Rep- resentative Brewster; from the following officials of FEDERAL AGENCY ANTI-LOBBYING ACT the U.S. Fish and Wildlife Service, Department of Committee on Government Reform and Oversight: Held a the Interior: Robert Streeter, Assistant Director, Ref- hearing on H.R. 3078, Federal Agency Anti-Lobby- uges and Wildlife; and Monty Halcomb, Director, ing Act. Testimony was heard from Senator Stevens; Law Enforcement; Charles Williams, Senator, State Representative Tauzin; J. Davitt McAteer, Acting of Florida; Brent Manning, Director, Department of D480 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1996 Natural Resources. State of Illinois; and public wit- ment of statutory limit on the public debt) shall not nesses. apply with respect to the adoption by the Congress of a concurrent resolution on the budget for fiscal BUDGET RESOLUTION year 1997. Testimony was heard from Chairman Ka- Committee on Rules: Granted, by voice vote, a modi- sich; and Representatives Sabo, Stenholm, Orton, fied closed rule, providing no further general debate, Meek of Florida, Owens, and Sanders. and that H. Con. Res. 178, establishing the congres- MINIMUM WAGE AND ENTRY-LEVEL sional budget for the United States Government for EMPLOYMENT fiscal year 1997 and setting forth appropriate budg- etary levels for fiscal years 1998, 1999, 2000, 2001, Committee on Small Business: Held a hearing on small and 2002, shall be considered as read. The rule pro- businesses and entry-level employment opportunities, vides for consideration of only those amendments with emphasis on the minimum wage and other pro- designated in section 2 of the resolution which may posals for increasing entry-level employment oppor- be offered only in the order designated, may be of- tunities. Testimony was heard from public witnesses. fered only by the Member designated or a designee SMALL SATELLITES (except that if no Member offers the amendment Permanent Select Committee on Intelligence: Met in execu- designated in paragraph 3 of section 2, then that tive session to hold a hearing on Small Satellites. amendment shall nevertheless be considered as pend- Testimony was heard from departmental witnesses. ing at that point), shall be considered as read, shall be debatable for 1 hour equally divided and con- f trolled by the proponent and an opponent, and shall COMMITTEE MEETINGS FOR THURSDAY, not be subject to amendment. MAY 16, 1996 The rule makes in order three amendments in the (Committee meetings are open unless otherwise indicated) nature of a substitute that are: (1) an amendment to be offered by Representative Payne of New Jersey, or Senate a designee (2) an amendment to be offered by Rep- Committee on Appropriations, Subcommittee on Com- resentative Orton of Utah, or a designee and (3) an merce, Justice, State, and the Judiciary, to hold hearings amendment to be offered by Representative Sabo of on proposed budget estimates for fiscal year 1997 for the Minnesota, or which may be offered by any Member, Federal Bureau of Investigation and the Drug Enforce- or which shall be considered as pending. The rule ment Administration, Department of Justice, 9:30 a.m., waives all points of order against the amendments S–146, Capitol. designated in section 2. Subcommittee on Foreign Operations, to hold The rule provides that the adoption of an amend- hearings on proposed budget estimates for fiscal year ment in the nature of a substitute shall constitute 1997 for foreign assistance programs, focusing on the the conclusion of consideration of the concurrent res- New Independent States, 10 a.m., SD–106. olution for amendment. The rule provides that after Subcommittee on Transportation, to hold hearings the conclusion of consideration of the concurrent res- on proposed budget estimates for fiscal year 1997 for olution for amendment, there will be 40 minutes of the United States Coast Guard, 10 a.m., SD–192. general debate equally divided and controlled by the Subcommittee on VA, HUD, and Independent Agen- cies, to hold hearings on proposed budget estimates for chairman and ranking minority member of the Com- fiscal year 1997 for the National Aeronautics and Space mittee on the Budget. Administration, 2 p.m., SD–192. The previous question shall be considered as or- Subcommittee on Commerce, Justice, State, and the dered on the concurrent resolution and amendments Judiciary, to hold hearings on proposed budget estimates thereto to final passage without intervening motion for fiscal year 1997 for the Department of State, 2 p.m., except amendments offered by the chairman of the S–146, Capitol. Committee on the Budget to achieve mathematical Committee on Commerce, Science, and Transportation, Sub- consistency. The concurrent resolution will not be committee on Science, Technology, and Space, to hold subject to a demand for a division of the question. hearings to examine NASA’s Mission to Planet Earth pro- The rule provides that if H. Con. Res. 178 is agreed gram, 9:30 a.m., SR–253. to allocations of spending and credit responsibilities Committee on Energy and Natural Resources, Subcommittee on Parks, Historic Preservation and Recreation, to hold in House Report 104–575 shall be considered as the hearings on S. 621, to designate the Great Western Trail allocations otherwise required by section 602(a) of for potential addition to the National Trail System, H.R. the Congressional Budget Act of 1974. However, 531, to designate the Great Western Scenic Trail as a upon adoption by the Congress of a concurrent reso- study trail under the National Trails System Act, S. lution on the budget, this shall cease to apply. Fi- 1049, to designate the route from Selma to Montgomery nally, the rule provides that rule XLIX (establish- as a National Historic Trail, S. 1706, to increase the May 15, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D481 amount authorized to be appropriated for assistance for Fund, and to provide for the establishment of the Middle highway relocation with respect to the Chickamauga and East Development Bank, 2 p.m., 2128 Rayburn. Chattanooga National Military Park in Georgia, and S. Committee on Commerce, Subcommittee on Commerce, 1725, to create a third category of long-distance trails to Trade and Hazardous Materials, hearing on H.R. 2740, be known as national discovery trails and to authorize the Fan Freedom and Community Protection Act, 10 a.m., American Discovery Trail as the first national discovery 2123 Rayburn. trail, 9:30 a.m., SD–366. Committee on Government Reform and Oversight, Sub- Committee on Foreign Relations, Subcommittee on Inter- committee on Government Management, Information and national Economic Policy, Export and Trade Promotion, Technology, hearing on Senior Executive Branch Officials to hold hearings to examine commercial diplomacy for a Compliance with Federal Travel Guidelines, 10 a.m., 311 changing international business environment, 9 a.m., Cannon. SD–419. Subcommittee on National Economic Growth, Natural Committee on Governmental Affairs, business meeting, to Resources, and Regulatory Affairs, hearing on the Impact mark up S. 1488, to convert certain excepted service posi- of Regulations on Employment, 10 a.m., 2154 Rayburn. tions in U.S. Fire Administration to competitive service positions, S. 88, Local Empowerment and Flexibility Act, Subcommittee on National Security, International Af- S. 94, Prohibition on the Consideration of Retroactive fairs and Criminal Justice, hearing on Mismanagement Tax Increases, S. 1376, Corporate Study, Review, Reform and Waste at the White House Communications Agency, and Termination Act, S. 1130, Accounting Standardiza- 11 a.m., 2247 Rayburn. tion Act, S. 356, Language of Government Act, S. 1018, Committee on House Oversight, hearing and markup of the Private Relief for Clarence P. Stewart, and H.R. 2739, Fiscal Year 1997 FEC Authorization, 10:30 a.m., 1310 House of Representatives Administrative Reform, 10 Longworth. a.m., SD–342. Committee on International Relations, Subcommittee on Committee on the Judiciary, business meeting, to consider International Economic Policy and Trade and the Sub- pending calendar business, 10:30 a.m., SD–226. committee on Asia and the Pacific, joint hearing on the Committee on Labor and Human Resources, to hold over- Impact of MFN for China on U.S.-China Economic Rela- sight hearings on the healthy start demonstration project, tions, 9:45 a.m., 2172 Rayburn. 9:30 a.m., SD–430. Committee on the Judiciary, Subcommittee on Immigra- Special Committee To Investigate Whitewater Development tion and Claims, oversight hearing regarding projected Corporation and Related Matters, to continue hearings to increases in legal immigration, 1 p.m., 2141 Rayburn. examine certain issues relative to the Whitewater Devel- Committee on Resources, to mark up the following: H.J. opment Corporation, 10 a.m., SH–216. Res. 70, authorizing the Alpha Phi Alpha Fraternity to NOTICE establish a memorial to Martin Luther King, Jr. in the District of Columbia or its environs; H.R. 3068, to ac- For a listing of Senate Committee Meetings sched- cept the request of the Prairie Island Indian Community uled ahead, see page E816 in today’s Record. to revoke their charter of incorporation issued under the House Indian Reorganization Act; and H.R. 848, to increase the amount authorized to be appropriated for assistance for Committee on Agriculture, Subcommittee on Livestock, highway relocation regarding Chickamauga and Chat- Dairy, and Poultry and the Subcommittee on Risk Man- tanooga National Military Park in Georgia, 11 a.m., agement and Specialty Crops, to continue joint hearings 1324 Longworth. to consider issues raised by a recently released study of Subcommittee on Fisheries, Wildlife and Oceans, over- trading practices and procedures on the National Cheese sight hearing on the National Fish and Wildlife Founda- Exchange, 9:30 a.m., 1300 Longworth. tion, 9 a.m., 1334 Longworth. Committee on Appropriations, Subcommittee on Labor, Committee on Rules, to consider the following: H.R. Health and Human Services, and Education, on Members of Congress, 10 a.m., and on Consolidated Departmental 3144, Defend America Act of 1996; H.R. 3415, to Management; and on Consolidated Inspectors General, amend the Internal Revenue Code of 1986 to repeal the 1:30 p.m., 2358 Rayburn. 4.3-cent increase in the transportation motor fuels excise Committee on Banking and Financial Services, Subcommit- tax rates enacted by the Omnibus Budget Reconciliation tee on Domestic and International Monetary Policy, to Act of 1993 and dedicated to the general fund of the mark up H.R. 3399, to authorize appropriations for the Treasury; and H.R. 3259, Intelligence Authorization Act United States contribution to the 10th replenishment of for Fiscal Year 1997, 1 p.m., H–313 Capitol. the resources of the International Development Associa- Committee on Science, Subcommittee on Technology, tion, to authorize consent to and authorize appropriations hearing on proposed amendments to the Metric System for the United States contribution to the fifth replenish- Conversion Act, 10 a.m., 2318 Rayburn. ment of the resources of the African Development Bank, Committee on Transportation and Infrastructure, Sub- to authorize consent to and authorize appropriations for committee on Surface Transportation, to continue hear- a United States contribution to the interest subsidy ac- ings on ISTEA Reauthorization Transportation Finance in count of the successor (ESAF II) to the Enhanced Struc- an Era of Scarce Resources: the Highway Trust Fund, tural Adjustment Facility of the International Monetary 9:30 a.m., 2167 Rayburn. D482 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 16 9:15 a.m., Thursday, May 16

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H. ation of S. Con. Res. 57, setting forth the congressional Con. Res. 178, Fiscal Year 1997 Budget Resolution (rule budget. providing for further consideration).

Extensions of Remarks, as inserted in this issue

HOUSE Filner, Bob, Calif., E810 Neal, Richard E., Mass., E812 Forbes, Michael P., N.Y., E804, E807 Packard, Ron, Calif., E804 Ackerman, Gary L., N.Y., E803, E804, E807 Frisa, Dan, N.Y., E804 Pomeroy, Earl, N. Dak., E813 Andrews, Robert E., N.J., E813 Furse, Elizabeth, Ore., E806 Ramstad, Jim, Minn., E814 Baker, Bill, Calif., E811 Gilman, Benjamin A., N.Y., E808 Shuster, Bud, Pa., E805 Barton, Joe, Tex., E814 Hamilton, Lee H., Ind., E809 Stokes, Louis, Ohio, E805 Bonior, David E., Mich., E810 Hoekstra, Peter, Mich., E814 Talent, James M., Mo., E814 Cardin, Benjamin L., Md., E811 Kennedy, Patrick J., R.I., E805 Thompson, Bennie G., Miss., E808 Collins, Cardiss, Ill., E810 Lipinski, William O., Ill., E811 Torricelli, Robert G., N.J., E813 Davis, Thomas M., Va., E812 Martini, William J., N.J., E809 Underwood, Robert A., Guam, E807 Eshoo, Anna G., Calif., E803 Meehan, Martin T., Mass., E815 Ward, Mike, Ky., E810 Farr, Sam, Calif., E803, E813 Moorhead, Carlos J., Calif., E804 Zeliff, William H., Jr., N.H., E808

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