Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

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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 income 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 proof 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 remembers 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 nation 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 intervening 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 employees 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 majority 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 debating. 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 present 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 device, 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 prohibit 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 designed 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 countries 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 consideration, 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 heading 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 retraining 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 counter’’ 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 purposes of this section, defense articles and destroyed, 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 subject 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 received 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 amending 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 ensure 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 `à 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 requirements 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 retary 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 reference 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 included in this balanced budget resolu- him. Sign this balanced budget pro- is no agreement. This is a House proposal, 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 system 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 probe 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 advanced 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 really 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 discretion 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 terrible 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 `àssumes 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 reaction 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 renew 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 infor 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 inspect 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 inclusion 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 `ìf'' 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 `èducation 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 `èducation 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 mament 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 mystery. 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 dignity 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 summer 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 below- 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 demand. 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 anything 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 leading 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, employing 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 facility 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

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

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

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

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

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

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

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

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 committed 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 regulations,’’ the regulations are sound proce- I. Background FLRA should be considered substantive regulations 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, thereby 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 proof 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 employing 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 employing 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 organization’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 required 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, employing 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 employees 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 election 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-election. 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 supported 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 proof 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 agreeing 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 office 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 allegation. 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 representative, 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 petition 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 remand 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 individuals 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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $0. (D) New primary loan guarantee commitments $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 commitments $0. (D) New primary loan guarantee commitments $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 commitments $0. (D) New primary loan guarantee commitments $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 commitments $0. (D) New primary loan guarantee commitments $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 commitments $0. (D) New primary loan guarantee commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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 commitments $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.